Election Petifions. —Until 1770 all questions regarding controverted elections were decided by the whole house; time Grenville act of that year introduced tine practice of c appointing committees for their trial. and the proceedings of election committees were further regulated by 11 and 12 Viet. e. 98. By the "parliamentary elections vet, 1F68" (31 and 32 Viet. c. 124), election petitions are now presented to the court of common pleas in Westminster or Goblin, or the court of session in Scotland, and tried by a single judge appointed by the court, and sitting in the borough or county whose election is contested. An election petition must be signed by sonic person who voted, or had it right to vote at the election, or by some person who claims to be returned, or alleges him self to have been a candidate, and presented within 21 days after the return objected to, or, if it proceeds on the allegation of bribery, within 28 days after the alleged payment. Security is to be found for costs to the extent of £1000, either by sureties not exceeding four, or by a deposit of money, or partly in each way. The judge determines whether the member was duly elected, and certifies to the speaker his determination, which is final. Should the petition allege corrupt practices, the judge shall also report to the speaker whether there has been any corrupt practice within the knowledge and consent of any candidate, the names of persons proved guilty, and whether corrupt practices have prevailed extensively at the election; also the judge may specially report any matter for consideration of the house of commons. Where, on application of any party to a petition, it appears that the case raised can be conveniently stated as a special case, it may be so stated and determined by the court, who certify their decision to the speaker, which is final. An election petition cannot be withdrawn without leave of the court or judge on special application; and a person who might have been a petitioner may apply to be substituted for the person withdrawn. The court or judge is to report to the speaker whether in their opinion the withdrawal of tile petition has been induced by any corrupt arrangement. The most frequent subjects of special reports are bribery, treating, and the use of undue influence, matters regarding which, prior to 1868, various acts had been passed, the most important being 17 and 13 Viet. c. 102 (1854), 21 and 22 Viet. c. 87 (1853), and 21 Vict. e. 29 (1863), three statutes known as the :` corrupt prtietices preven tion acts." By the act of 1868, a candidate convicted of bribery is punished by voidance of his election, incapacity during 7 years to be elected or to vote, to hold any office under 5 and 6 Will. IV. c. 76, or 3 and 4 Viet. c. 103, or any municipal or judicial office, or to act as justice of the peace; and the same disqualifications to vote, to be elected, and to hold office, are incurred by any person other than a candidate found guilty of bribery. If a candidate is proved to have knowingly engaged as canvasser or election-agent a per son found guilty within the previous seven years of any corrupt practice, his election is void. Act 15 and 16 Vict. c. 57 enacts that upon the joint address of both houses of parliament, representing to her majesty that a committee of the house of commons has reported that corrupt practices have extensively prevailed at any election, her majesty may appoint commissioners to make inquiry; and by the act of 1863, the judge's report to the effect that corrupt practices have prevailed, or that there is reason to believe they have prevailed, is to be accounted equivalent to the report of the house of committee to that effect under the 'previous act. It is further provided by the act of 1813 that within 21 days of the return to the clerk of the crown, or within 14days after the me.itiag of parliament, a petition maybe presented by any two electors, alleging that corrupt practices have extensively prevailed at their last election, or that there is reason to believe this to have been the case. If, on such petition, an address by bbIlt houses of parliament be presented to the crown, praying for inquiry into such allegation, thecrown may app Tint commissioners to inquire, with the powers and subject to the provisions of act 15 and 16 Vict. e. 57.
By the act of 1854, the offering of money, office, employment, etc., to a voter to induce him to vote or abstain from voting, or the offering of a similar consideration to any person to induce him to procure the return of a candidate or the vote of an elector, the acceptance of such consideration, and the payment of money in the-knowledge that it is to be expended in bribery, or the repayment of money which has been spent ie. bribery, are all declared to be acts of bribery punishable by fine and imprisonmeht, as well as by the forfeiture of £100 with costs to any person who will sue for the same. Any voter who agrees to receive money,• office, or employment for voting or abstaining from voting. and any person who, after an election, receives money or other considera tion on account of any person having voted or refrained from voting, is also guilty of bribery, and liable to forfeit £10 with costs to any one who will sue for the same. Treat lag, which is defined as the providing of meat, drink, or other entertainment to any per son in order to be elected, or in consideration for any person voting or abstaining from voting, involves a penalty of £50 similarly recoverable, as also does undue influence, or interference by intimidation, abduction, or otherwise, with the freedom of electors.
Persons guilty of any of these offenses are, by the provisions of the same acts, to be struck off the register, and their names inserted in a separate "list of persons disqualified for bribery, treatment, and undue influence," which is to be appended to the register of voters. Cockades are prohibited, as is the furnislting of refreshment on the day of elec tion to a voter in consideration of his being about to vote. By the corrupt praetieep act, 1854, it is however declared lawful to provide a conveyance for a voter, though not to pay him a sum of money for expenses. By the net of 1863, no payment is allowed to be made on behalf of a candidate except through his authorized agent, and all claims against a candidate in respect of an election must be settled within a month, otherwise the right to recover them is barred. A detailed account of election expenses with vouchers is required to be delivered within two of the election to the return ing officers, by whom it is published in a local newspaper, and the vouchers are to be open for a month to the inspection of voters. The act of 1833 provides that when an election committee has reported that certain persons named have been guilty of bribery, and their report is confirmed by a commission of inquiry, such report, with the evidence taken, is to be laid before the attorney-general with the view of instituting a prow•s tam.
Impeachment. —There are instances, as far back as the times of the Plantagenet princes, of the supreme power of parliament being exercised to mulish offenses where soinethitig extraordinary in the nature, or some obstacle to the execution of the ordinary laws, was deemed to render this advisable. This was done by a bill of attainder, which in the reign of Henry VIII. became the usual mode of proceeding against state offenses. A bltl of attainder sometimes followed a regular trial and convic tion, as in the case of Empson and Dudley, but was often passed without trial, examina tion of witnesses, or bearing the accused party, as in the attainder of Fisher and sir Thomas More. Bills of attainder were sometimes, but rarely. had recourse to under the Stuart kings; the last instance was the ease of sir John Fenwiels, in 1G90. The practice of impeachment pf extraordinary offenders before the lords by the commons, %Odell had been frequent during the 14th and 15th centuries, was revived in the reign of James 1. This proceeding is not like bills of attainder or pains and penalties, the making of a new law pro ye crate, but a carrying out of the already known and established law. The great representative inquest of-the nation first timid the crime, and then as prosecutors support the charge before the highest court of criminal jurisdiction. It has always been allowed that a peer may be impeached for any crime whether cognizable by the ordinary courts or not. The right of the commons to impeach a commoner of a capital offense, which was at one time doubted, has been solemnly affirmed by the liaise of lords. The trial is conducted by managers for the commons. Witnesses are summoned by the lords desire of the commons, and Westminster hall has usually been the place of trial, the lord high steward presiding. The managers make their charges and adduce evid ence; the accused answers, and may defend himself by counsel; mid the managers have a right to reply. In giving judgment, the question is put by the lord high steward to each peer, beginning with the junior baron, on. each article separately, whether the accused be guilty. beginning answer is, ''guilty, on my honor," or "not guilty, on my Honor," the lord high steward giving his opinion the last, and the numbers being east up, the accused is aquainted with the result. Impeachments have not been common in tater times, though they arc still a competent proceeding; the latest memorable cases are those of Warren Hastings in 1788, and lord Melville in 1805.
Trial of Peers.—Peers are, in all cases, tried by their peers for treason, misprision of treason, felony, or misprision of felony. For misdemeanors, however, they are tried before the ordinary courts of law; and the lords spiPitual are in all cases tried before the ordinary courts of the country. During the sitting of parliament, the trial proceeds before the house of lords, or more properly before the court of parliament presided over by the lord high steward. When parliament is not sitting, the trial takes place before the court of the lord high steward—a tribunal whose cenAitution was at one time very objectionable, that officer being allowed to summon what peers he pleased, only with the proviso that tlic number should amount in all to 23. Act 7 Will. III. c. 3 requires that all the peers who have a right to sit and vote in parliament be summoned. Peers of Scotland and Ireland are, in terms of the acts of union, tried in the same way. By 4 and 5 Viet. c. 22, a peer is liable on conviction to the same punishment as any other of the See sir T. Erskine May's Laws, Privileges, Proceedings, and Usage of Parliament, 7th edition, 1873