The second section of the act defines election-petitions, and specifies by whom they must be signed. Election-petitions are petitions complaining, 1. Of an undue election, or, 2. That no return has been made to a writ on or before the day on which the writ was returnable, or, 3. If the writ be issued during any session or pro rogation of Parliament, that no return has been made within fifty-two days after the date of the writ, or, 4. That a return is not according to the requisition of the writ, or 5. Of special matters contained in the writ ; and they must be signed by some person claiming therein to have had a right to vote at the election, or to have had a right to be returned, or alleg ing himself to have been a candidate at the election.
All election-committees are empowered to send for persons, papers, and records, and to examine any one who may have signed the petition, unless it shall appear that he is an interested witness, and to examine all witnesses upon oath, which is to be administered by the clerk attend ing the committee. Election-committees
are the only committees of the House of Commons in which evidence is taken upon oath. Any one giving false evi dence is made liable to the penalties of wilful and corrupt perjury.
Parties complaining of .or defending a return are required to deliver in to the clerk of the General Committee of Elec tions lists of the voters intended to be objected to, with the several heads of ob jections, not later than six in the after noon of the sixth day next before the day appointed for choosing the commit tee to try the petition : and the election committee cannot enter into evidence against any vote, or upon any head of objection, not included in the lists.
The committee are required to decide " whether the petitioners or the sitting members or either of them be duly re turned or elected, or whether the election be void, or whether a new writ ought to issue." Their decision on these points is final between the parties : and the House carries it into execution.