Petition, or after any Order of the House for discharging the Order of Reference of such Petition to the General Committee of Elections, or after the Withdrawal of any Petition, as herein-before provided, the Speaker shall direct the same to be taxed by the Examiner of Recognizances; and the said Examiner shall examine and tax such Costs and Expences, and shall report the Amount thereof, together with the Name of the Party or Parties liable to pay the same, and the Name or Names of the Party or Parties entitled to receive the same, to the Speaker, who shall, upon Application made to him, deliver to the Party or Parties a Certificate, signed by himself, expressing the Amount of the Costs and Expences allowed in such Report, with the Name of the Party liable to pay the same; and such Certificate, so signed by the Speaker, shall be conclusive Evidence as well of the Amount of such Demands as of the Title of the several Parties to recover the same in all Cases and for all Purposes whatsoever; and the Witness or Party claiming under the same shall, upon Payment thereof, give a Receipt at the Foot of such Certificate, which shall be a sufficient Discharge for the same. LXXXVI. Provided always, and be it enacted, That the Examiner of Recognizances shall not include in any such taxed Costs any Costs which may have been occasioned by Delay in the Appointment of the Select Committee, after the Examiner of Recognizances shall have reported to the Speaker whether or not the Sureties are unobjectionable. LXXXVII. And be it enacted, That the Examiner of Recognizances is empowered to examine upon Oath any Witnesses tendered to him for Examination, and to receive Affidavits sworn Costs by Delay in appointing Committee to be taxed off. Persons ap pointed to tax Costs em before him, or before any Master of the High Court of Chancery, Affidavits. powered to take or any of Her Majesty's Justices of the Peace, who are severally empowered to take the same, relative to such Costs or Expences, or the Taxation or Non-payment thereof, and to administer the Oath for taking such Affidavit. LXXXVIII. And be it enacted, That it shall be lawful for the Costs how to be Party or Parties entitled to such taxed Costs and Expences, or for recovered. his, her, or their Executors or Administrators, to demand the whole Amount thereof, so certified as above, from any One or more of the Persons herein made liable to the Payment thereof in the several Cases herein-before mentioned, and, in case of Nonpayment thereof, to recover the same by Action of Debt in any of Her Majesty's Courts of Record at Westminster or Dublin, or in the Court of Session in Scotland, in which Action it shall be sufficient for the Plaintiff or Plaintiffs to declare that the Defendant or Defendants is or are indebted to him or them in the Sum mentioned in the said Certificate; and the said Plaintiff or¡ Plaintiffs shall, upon filing the said Declaration together with the said Certificate and Affidavit of such Demand as aforesaid, be at liberty to sign Judgment as for Want of Plea by Nil dicit, and take out Execution for the said Sum so mentioned in the said Certificate, together with the Costs of the said Action, according to due Course of Law: Provided always, that the Validity of such Certificate, the Handwriting of the Speaker thereunto being duly verified, shall not be called in question in any Court upon the Allegation of any Matter or Thing anterior to the Date thereof. LXXXIX. And Persons paying Costs may recover a Proportion from other Persons liable thereto. Recognizances when to be estreated, &c. Returning sued for ne- LXXXIX. And be it enacted, That in every Case it shall be lawful for any Person or Persons from whom the Amount of such Costs and Expences shall have been so recovered to recover in like Manner from the other Persons, or any of them, (if such there shall be,) who are liable to the Payment of the same Costs, Expences, and Fees, a proportionate Share thereof, according to the Number of Persons so liable, and according to the Extent of the Liability of each Person. XC. And be it enacted, That if any Petitioner or Petitioners who shall have entered into such Recognizance as aforesaid shall neglect or refuse, for the Space of Seven Days after Demand, to pay to any Witness who shall have been summoned on his or their Behalf before the Examiner of Recognizances, or any Committee under the Provisions of this Act, the Sums so certified as aforesaid by the Speaker to be due to such Witness, or if such Petitioner or Petitioners shall neglect or refuse, for the Space of Six Months after Demand, to pay to any Party who shall appear in opposition to the said Petition the Sum so certified by the Speaker as aforesaid to be due to such Officer or Party for their Costs or Expences, and that such Neglect or Refusal shall, within One Year after the granting of such Certificate, be proved to the Speaker's Satisfaction, by Affidavit sworn before any Master of the High Court of Chancery (and such Master is hereby authorized to administer such Oath, and is authorized and required to certify such Affidavit under his Hand), in every such Case such Person or Persons shall be held to have made default in his or their said Recognizance; and the Speaker of the House of Commons shall thereupon certify such Recognizance into the Court of Exchequer, and shall also certify that such Person or Persons have made default therein, and such Certificate shall be conclusive Evidence of such Default; and the Recognizance, being so certified, shall have the same Effect as if the same were estreated from a Court of Law: Provided always, that such Recognizance and Certificate shall in every such Case be delivered by the Clerk or One of the Clerks Assistant of the House of Commons into the Hands of the Lord Chief Baron of the Exchequer, or of One of the Barons of the Exchequer, or of such Officer as shall be appointed by the said Court to receive the same. XCI. And be it enacted, That if any Sheriff or other Returning Officer or Officers shall wilfully delay, neglect, or refuse duly to return any Person who ought to be returned to serve in Parliament for any County, City, Borough, District of Burghs, Port, or Place within Great Britain or Ireland, such Person may, in case it shall have been determined by a Select Committee appointed in the Manner herein-before directed that such Person was entitled to have been returned, sue the Sheriff or other Officer or Officers 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 or Dublin or of the Court of Session in Scotland, and shall recover Double the Damages he shall sustain by reason thereof, together with full Costs of Suit, provided such Action is commenced within One Year after the Commission of the Act on which it is grounded, or within Six Months after the Conclusion of any Proceedings in the House of Commons relating to such Election. XCII. And XCII. And be it enacted, That this Act shall commence and take Continuance effect from the End of this present Session of Parliament, and shall of Act. continue in force until the End of the Second Session of the First Parliament which shall be called after the End of this present Parliament. tions remaining at the Close of the present Session, the Order for taking which into Consideration has not been discharged, to be tried by Committee ap XCIII. And be it enacted, That if at the Close of the present Election PetiSession of Parliament there shall be any Election Petition or Petitions before the House the Order for taking which into consideration shall not have been discharged, and for trying which no Committee shall have been appointed, such Election Petition or Petitions shall be tried by a Committee to be chosen under the Provisions of this Act, provided the Recognizances required by the said recited Act passed in the Ninth Year of the Reign of King George the Fourth shall have been duly entered into; and such Petitions shall be referred to the General Committee of Elections before any Petition presented in the next Session, and in the Order in which they were presented to the House, and shall be treated as Petitions on which the Examiner of Recognizances has reported that the Sureties are unobjectionable, and the Recognizances entered into on the Part of the Petitioners shall be taken to remain in force for securing Payment of all Costs and Expences which the Petitioners shall be liable to pay under the Provisions of this Act. pointed under this Act. XCIV. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended, &c. Parliament. SCHEDULE to which the foregoing Act refers. SCHEDULE (A.) FORM OF RECOGNIZANCE. Be it remembered, That on the Day of in the Year of our Lord Pounds, the said The Condition of this Recognizance is, that if the said C.D. shall 1&2 Vict.c.110. Repeal of Pro- Insertion of Members according to the Requisition of the Writ)] shall adjudge to be payable by the said C.D., and shall also well and truly pay the Costs and Expences due and payable by the said C.D. to any Witness summoned in his Behalf, or to the Party who shall appear in opposition to the said Petition in case the said C.D. shall fail to appear before the General Committee of Elections at such Time or Times as shall be fixed for choosing a Committee to try such Petition, or in case the said C.D. shall be allowed to withdraw his said Petition, then this Recognizance to be void, otherwise to be of full Force and Effect. CA P. XXXIX. An Act to amend an Act passed in the last Session of Par- 6 WHEREAS by an Act passed in the last Session of Parliament, intituled An Act for abolishing Arrest on Mesne • Process in Civil Actions except in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for amending the Laws for the Relief of Insolvent Debtors in England, it was amongst other things enacted, that the Sum of Three Shillings and no more shall be paid to any Printer or Pro'prietor of a Newspaper for the Insertion of any Advertisement by that Act directed to be inserted in any Newspaper, and all Printers and Proprietors of Newspapers were thereby required to insert the same, on Payment of the said Sum of Three Shillings for the Insertion thereof, in such Form as the Court for the 'Relief of Insolvent Debtors, or any Commissioner thereof, should from Time to Time direct: And whereas it is just and expedient that the said Act should be altered and amended as herein-after ' mentioned:' 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 so much of the said Act as is herein-before recited shall be and the same is hereby repealed; and that from and after the passing of this Act all Printers and Proprietors of Newspapers shall and are hereby required to insert any Advertisement or Advertisements by the said recited Act directed to be inserted in any Newspaper, on Payment of a reasonable Compensation for the Insertion thereof, in such Form as the said Court, or any Commissioner thereof, shall from Time to Time direct. The Court may II. And whereas it is expedient that Persons residing at a Disappoint Personstance greater than Ten Miles from the Court House in Portugal. Street who may be willing to enter into Recognizances of Sureties for the due Appearance of Insolvent Debtors before the Court, to receive Recognizances. 6 or before Commissioners on their Circuits, or before Justices of the Peace in Berwick-upon-Tweed, should be enabled to enter into such Recognizances without the Necessity of appearing for • such 'such Purpose before the Court itself at its usual and ordinary Place of sitting;' be it therefore enacted, That the Chief Commissioner and other the Commissioners of the Court for Relief of Insolvent Debtors for the Time being shall and may, by One or more Commission or Commissions under the Seal of the said Court, from Time to Time as Occasion shall require, empower such and so many fit and proper Persons as they shall think necessary, in all and every the several Towns and Counties within England and Wales and the Town of Berwick-upon-Tweed, to take and receive all and every the Recognizance or Recognizances of Sureties into which any Persons shall be willing to enter for the due Appearance of Insolvent Debtors according to such several and respective Recognizances, and in such Form as the Court, in pursuance of the Statute in that Behalf, may and shall direct and require. III. And be it enacted, That in any Case of a Prisoner whose Estate and Effects shall have been or shall hereafter be, by Order of the Court for Relief of Insolvent Debtors, vested in the Provisional or other Assignee, and who shall be confined in the Gaol of any County, Town, or Place other than in London, Southwark, Middlesex, or Surrey, and who shall have filed his Schedule in the said Court according to the Statute in that Behalf, it shall and may be lawful for any Person or Persons who may be willing to enter into such Recognizances as before mentioned, whose usual and ordinary Place of Residence shall be distant more than Ten Miles from the Court House in Portugal Street, London, to appear before a Person duly appointed and empowered in manner aforesaid, and there to enter into and acknowledge such Recognizance of Sureties for the due Appearance of the Insolvent, according to such Forms and in such Terms and Manner as shall or may be prescribed by the said Court; which said Recognizances of Sureties so taken as aforesaid shall be transmitted and filed in the said Court, with an Affidavit of the due taking of the said Recognizances of such Sureties by some credible Person present at the taking thereof, upon Payment of such Fees as have been usually received for the taking of Recognizances in the said Court; which Recognizances so taken, transmitted, and filed shall be of the like Force and Effect as if the same were taken before the said Court; for the taking of every such Recognizance of Sureties the Person or Persons so empowered shall receive only the Sum or Fee of Two Shillings and Sixpence and no more. Persons empowered to enter into Recognizances, &c. to make Rules for regulating Amount and taking of Re IV. And be it enacted, That the Commissioners of the said Commissioners Court shall make such Rules and Orders regulating the Amount and for the taking of such Recognizances as to them shall seem meet, so as such Sureties be not compelled to appear in Person in the said Court to justify themselves, but the same may and is hereby cognizances. directed to be determined before the said Court, or a Commissioner thereof, by Affidavit or Affidavits duly taken before the Person or Persons so empowered as aforesaid, who are hereby empowered and required to take the same. empowered to V. And be it enacted, That any Commissioner of the said Court Commissioners on his Circuits shall and may take and receive all and every such Recognizances of Sureties as any Person or Persons shall be willing to make and acknowledge before him, which, being transmitted, shall take such Recognizances. |