actions, forfeitures, punishments, disabilities, and incapacities, and all criminal prosecutions to which he may have been or may become liable or subject at the suit of her majesty, her heirs or successors, or any other person, for anything done by such person or persons in respect of such corrupt practice; and no person shall be excused from answering any question put to him by such commissioners on the ground of any privilege, or on the ground that the answer to such question will tend to criminate such person. shall have 10. Where any witness is so examined as aforesaid, such witness Witnesses shall not be indemnified under this act unless he receive from such examined not to be incommissioners a certificate in writing under their hands, stating demnified that such witness has, upon his examination, made a true dis- unless they closure touching all things to which he has been so examined; a certificate and if any action, information, or indictment be at any time from the pending in any court against any person so examined as a witness commisin manner above mentioned, for any corrupt practice at any elec- sioners. tion to which the inquiry made by such commissioners had reference, such court shall, on the production and proof of such certificate, stay the proceedings in any such action, information, or indictment, and may, in its discretion, award to such person such costs as he may have been put to by such action, information, or indictment. examine on 11. It shall be lawful for any such commissioners, or one of Commisthem, to administer an oath, or an affirmation where an affirmation sioners to would be admitted in a court of justice on the ground of religious oath, &c. scruples, to all persons who are examined before them touching the things to be inquired into by them under this act. non attend dence. 12. If any person on whom any summons shall have been Penalty for served, by the delivery thereof to him or by the leaving thereof at ance, or rehis usual place of abode, fail to appear before the said commis- fusing to sioners at the time and place specified in such summons, it shall give evi be lawful for the said commissioners to certify such default under their hands and seals, or under the hand and seal of any one of them to any of her majesty's superior courts in England or Ireland, or to the court of session in Scotland, or to the lord ordinary on the bills in the said court, as the case may be; and thereupon such court or judge shall proceed against the person so failing to attend, in the same manner as if the said person had failed to obey any writ of subpœna, or any process issuing out of the said court; and if any person so summoned to attend as aforesaid, and having appeared before the said commissioners, shall refuse to be sworn, or to make answer to such questions as are put to him touching the matters in question by the said commissioners, or to produce and show to the said commissioners any papers, books, deeds, or writings being in his possession or under his control, which the commissioners may deem necessary to be produced; or if any person shall be guilty of any contempt of the said commissioners or their office, the said commissioners shall have such and the same powers to be exercised in the same way as any judge of any of her majesty's superior courts of England or Ireland, or of the court of session in Scotland, sitting under any commission, may now by Penalty for false swearing, &c. Expenses of witnesses. Expenses of the inquiry. Protection of commissioners. Limitation of actions. law exercise in that behalf; and all headboroughs, gaolers, constables, and bailiffs shall and they are required to give their aid and assistance to the said commissioners in the execution of their office. 13. Every person who, upon examination upon oath or affirmation before any commissioners to be appointed under this act, wilfully gives false evidence, shall be liable to the pains and penalties of perjury. 14. The said commissioners shall have power, if they deem fit, to award to any witness summoned to appear before them a reasonable sum for his or her travelling expenses, and for his or her maintenance according to a scale to be determined and approved of by the commissioners of her majesty's treasury, and the said commissioners shall certify to the said commissioners of her majesty's treasury the names of the said witnesses, together with the sums allowed to each, and the said commissioners shall pay to the said witnesses the said sums so allowed as aforesaid, out of any money which may be provided by parliament for the purposes of the said commission. 15. It shall be lawful for the commissioners of her majesty's treasury to make an order for the payment of the necessary expenses of any inquiry under this act; and every commissioner to be appointed under this act shall be paid, at the conclusion of the inquiry, over and above his travelling and other expenses, such sum as the commissioners of her majesty's treasury think fit; and any commissioners so appointed shall, after the termination of their last sitting, and after they have made their report to her majesty, as herein-before directed, lay or cause to be laid before the commissioners of her majesty's treasury a statement of the number of days they have been actually employed in the inquiry made by them, together with an account of the travelling and other expenses of each of such commissioners; and the commissioners of her majesty's treasury shall make an order for the payment to each commissioner of the sum which the commissioners of her majesty's treasury so think fit to be paid to him, and in respect of his travelling and other expenses, which said payments shall be made out of any money which may be provided by parliament for that purpose. 16. That the commissioners shall have such and the like protection and privileges, in case of any action brought against them for any act done or omitted to be done in the execution of their duty, as is now by law given by any act or acts now or hereafter to be in force to justices acting in execution of their office. 17. No action shall be brought against any commissioners appointed under this act, or any other person whomsoever, for any thing done in the execution of this act, unless such action be brought within six calendar months next after the doing of such thing. A DIGEST OF THE DECISIONS OF THE COURT OF COMMON PLEAS AT WESTMINSTER, ON APPEALS FROM THE DECISIONS OF REVISING BARRISTERS IN PURSUANT TO STATUTE 6 VICTORIA, C. 18, FROM MICHAELMAS TERM, 1843, TO MICHAELMAS TERM, 1851, ARRANGED CHRONOLOGICALLY, IN THE order of tHE VARIOUS STATUTES, AND SECTIONS OF THEM, WHICH ARE THE SUBJECTS OF DECISION. NOTE.-During the argument of the first case which came before the Court [Whithorn v. Thomas, 7 Mann. & Grang. 3,] the Chief Justice Tindal intimated to Counsel, on his citing decisions of the House of Commons, that, "so far as the reasoning in those cases went, it might be proper to cite them, but not as authorities." RR DIGEST OF DECISIONS BY THE COURT OF COMMON PLEAS AT WESTMINSTER ON ELECTION LAW, PURSUANT TO STATUTE 6 VICT. c. 18, ARRANGED CHRONOLOGICALLY, IN THE Order of the VARIOUS STATUTES, AND SECTIONS OF THEM, WHICH ARE THE SUBJECTS OF DECISION. STAT. 8 Hen. 6, c. 7, [ante, p. 166, A.] "What sort of Men shall be choosers, and who shall be choosen Knights of the Parliament." The trustees of an almshouse were empowered, by letters patent of incorporation, to appoint and remove twenty-four inmates "so often as it shall seem to be convenient to them, or the greater number of them :" Held, that under these circumstances, these inmates did not take estates for life, but were removable at the arbitrary discretion of the trustees, and were consequently not entitled to be registered as freeholders. Davis v. Waddington, 7 M. & G. 37. [Mr. Serj. Manning, in his report of this case (p. 45, n. (a)), asserts that this decision" tacitly over-rules nearly the whole of a long and unbroken series of decisions" of the courts of law, collected in the note to Wynne v. Wynne, 2 M. & G. 19 (n. a).] Previously to stat. 39 Eliz. c. 5, hospitals for the poor might be founded by royal licence or letters patent; by that act they might be incorporated. Lord Burleigh, before that act, founded a hospital for certain " bedesmen,' to be appointed for life, and made rules for the regulation of it. Held, that a legal foundation might be presumed, not necessarily investing the claimants with a corporate |