Oath to be taken at same time, the parish, township or precinct, or parishes, &c. and also of the county or counties in which the lands, &c. lie, whereby he makes out his qualification, declaring the same to be of the annual value of £600. above reprizes, if a knight of the shire, and of £300. &c. if a citizen, burgess, or baron of the cinque ports, and shall also at the same time take and subscribe the following oath: "I A. B. do swear, that I truly and bona fide "have such an estate in law or equity, and of such va "lue, to and for my own use and benefit, of or in lands, "tenements, or hereditaments, over and above what will "satisfy and clear ail incumbrances that may affect the same, as doth qualify me to be elected and returned ❝to serve as a member for the place I am returned for, "according to the tenor and true meaning of the acts of "parliament in that behalf; and that such lands, tene"ments, or hereditaments, do lie as described in the К paper or account signed by me, and now delivered to "the clerk of the house of commons. So help me "God." And the house of commons is hereby required to administer said oath, after every such person shall have taken the oaths of allegiance, supremacy, and abjuration, at said table; and said oath and subscription shall be entered in a parchment-roll to be provided by the clerk of said house; and the said paper or account, so delivered in to said clerk, shall be filed and carefully kept by him. And by s. 2. if any person shall sit or vote before he shall have delivered in such paper, &c. and taken, &c, such oath, or shall not be so qualified as required by the 9 Ann. c. 5. and this act, his election shall be void, and a new writ shall issue to elect another member in his room. But it is provided (s. 3.) that this act shall not extend to the eldest son or heir apparent of any peer or lord of parliament, or of any person quali- Exceptions, fied to serve as a knight of the shire, or to the members of the English universities, or to the members for Scotland. The 41 Geo. 3. c. 101. s. 23. U. K. recites those acts 41 Geo.3.c.101, (9 Ann. c. 5. & 33 Geo. 2. c, 20.) and enacts, that the $.23. U. K. latter act shall extend to every person (except as therein excepted) who shall be elected a member of the house of commons of the united kingdom for any county, &c. in England #VOL. I. F 8. 2. Otherwise eles tion void. s. 3. sily. Landis, &c.my England, &c. or in Ireland; and that it shall be sufficient be in Ireland, that the lands, &c. whereby such member shall make out his qualification as directed by the 33 Geo. 2. c. 20, shall Exception as to Dublin univer- be either in England, Wales, Berwick upon Tweed, or in Ireland: but this act excepts the university of Dublin. 40 Geo.3.c.67. The 4th article of the act for the union of Great Britain Eng. and Ireland, (which is also recited in the 41 Geo. 3. c. 101. s. 23. supra) provides, that the qualification, in respect of property of members elected on the part of Ireland, shall be the same as are now provided in cases of elections in England, unless other provision shall be made by act of parliament of the united kingdom. 40 Geo.3. c.38. Ir. §. 7. and return of VII.As to the manner of proceeding in respect to elections, Issuing,delivery the 7 & 8 W. 3. c. 25. Eng. enacts, that when any new its and pre- parliament shall be summoned, there shall be 40 days between the teste and return of the writ of summons ; c. 25. s. 1.Eug. and the chancellor shall issue writs for the election of cepts. 7 & 8 W. 5. members to serve in the same, with as much expedition as may be; and upon the calling any new parliament, as also in the case of any vacancy during the parliament, the writs shall be delivered to the proper officer to whom the execution thereof doth belong, and to no other person; and every such officer, upon the receipt of such writ, shall on the back thereof indorse the day he received the same, and shall forthwith make out his precept to each borough, town corporate, port, or place within his jurisdiction, where any member is to be 6 days allow elected, and, within [*3 days] after the receipt of such cinque ports by writ, shall deliver such precept to the proper officer of c. 7. s. 2. Eng. every such borough, &c.; and every such officer, upon the back of such precept, shall indorse the day of his re ed in the 10 & 11 W. 3. 8. 2. ceipt thereof, in the presence of the party from whom he received such precept. And by s. 2. neither the sheriff, nor his under-sheriff, in any county or city, nor the mayor, &c. or other officer of any borough, &c. to whom the execution of any such writ or precept shall belong, shall give or take any fee or reward for the making out, receipt, delivery, return, or execution of any such writ or precept. The provisions of this act (s. 1 & 3.) in respect to the time and place of holding such elections, which have been amended by the 19 Geo. 2. c. 28. s. 7. Eng. 25 Geo. 25 Geo. 3. c. 84. s. 4. Eng. and 33 Geo. 3. c. 64. Eng. will be presently stated. a or speaker upon the tion to the peer age of a mem ber. 24 Geo. 3. c. 26. s. 2. Eng. And by the 24 Geo. 3. c. 26. s. 2. Eng. the speaker of Warrant of the house of commons shall, during any recess, whether death or promoby prorogation or adjournment, issue his warrant to the clerk of the crown, to make out a new writ for electing member in the room of any member who shall die, become a peer of Great-Britain, either during the recess, or previous thereto, as soon as he shall receive notice by a certificate under the hands of 2 members of the house of commons, of the death of such member in the first case; and in the second place, that a writ of summons hath been issued under the great seal, to summon such peer to parliament; for which certificate a form is prescribed by a schedule to this act, viz. "We whose names are underwritten, being two members of the "house of commons, do hereby certify, that—late a member of the said house, serving as one of the knights of the shire for the county of the case may be) died upon the -day of -(or as " (or is become a peer of Great-Britain, and that a writ "of summons hath been issued under the great seal of "Great-Britain, to summon him to parliament) (as the "case may be) and we give you this notice, to the in"tent that you may issue your warrant to the clerk of "the crown, to make out a new writ for the election of a knight to serve in parliament for the said county of (or as the case may be) in the room of the 46 "said. -Given under our hands, this- -day "of -To the speaker of the house of commons." In case there shall be no speaker of the house of commons, or of his absence out of the realm, such certificate may be addressed to any one of the persons appointed according to the directions of this act. And by s. 3. the speaker shall forthwith after receiving such certificate, cause notice to be inserted in the London Gazette, and shall not issue his warrant until 14 days after the insertion of such notice; but by s. 4. before the speaker shall issue his warrant for such purpose, the return of the writ (by virtue of which such member de s. 3. S. 4. 's. 5. * ceased or become a peer was elected) must be previously brought into the office of the clerk of the crown, 15 days before the end of the last sitting of the house, immediately preceding the time when such application shall be made to the speaker to give such warrant; nor shall the speaker issue such warrant, unless such application shall be made so long before the then next meeting of the house for the dispatch of business, as that the writ for election may be issued before the day of such next meeting; nor in case, such application shall be made with respect to any seat in that house which shall have, been vacated in manner above mentioned, by any member against whose election and return a petition was depending, at the time of the last prorogation or adjournment. And this act provides, s. 5. that the speaker shall within a convenient time after he shall be in that office, Appointment of speaker's depu at the beginning of any parliament, by any instrument ties for such under his hand and seal, appoint not more than 7, nor purposes. less than 3 members of the house, thereby authorizing them, or one of them, to execute all the powers given to the speaker for issuing such warrants; subject nevertheless to such regulations as herein contained, which appointment shall, notwithstanding the death of the speaker executing the same, or the vacating his seat, continue in force until the dissolution of the parliament. And by s. 6. whenever the said persons shall by death, or, by their seats being vacated, be reduced to less than 3,.. it shall be lawful for the speaker to make a new appointment in manner aforesaid: and every such appointment shall, by s. 7. be entered in the Journals of the house, and be also published once in the London Gazette, and the instrument of such appointment shall be preserved by the clerk of the house, and a duplicate thereof filed in the office of the clerk of the crown in chancery: but by s. 8. nothing in this act shall give power to any person so appointed, except in the case of there being no speaker, or of his being out of the realm, nor for any longer time than such person shall continue. a member of the house. The publisher of the Gazette is required, s. 9. when such notice of the issuing of any. s: 6. 9.7. s. 8. warrant warrant shall be brought to him, to give a receipt for the same, specifying the day and hour when the same was received, and in case more than one such notice shall be brought to him relative to the same election, such publisher shall insert in the Gazette, only the notice first received. issue writs. *Ante page 21. Ir. In respect to Ireland, the clause of the representation In Ireland, act, 40 Geo. 3. c. 29. s. 7. Ir. which is incorporated in the Chancellor fo act of union, (40 Geo. 3. c. 38. Ir. and 40 Geo. 3. c. 67. 40 Geo.3. c. 29. Eng.) has been already stated, which authorizes and re- s. 7. Ir. quires the chancellor of Ireland to cause writs to be issued to the several counties, cities, the college of Dublin, and boroughs in Ireland, for the election of members to serve in the parliament of the united kingdom, either in cases of general elections, or to supply any vacancy arising by death or otherwise. Previous to the union, the 11 Geo. 3. c. 10. Ir. as explained and amended by the 11 Geo.3. e. 10 15 and 16 Geo. 3. c. 11. Ir. contained provisions analo- 15 & 16 Geo. 3. gous to those of the † 24 Geo. 3. c. 26. s. 2. 3. and 4. Eng. c. 11. Ir. authorizing the speaker of the house of commons to issue tante page 67. his warrant to the clerk of the crown, to make out writs for the choice of members in the room of such as should die, during the recess of parliament for more than 20 days, whether by prorogation, or adjournment, upon the certificate of any two members, by writing under their hands, of the death of such member; and the speaker was thereby required forthwith to cause notices of such death to be inserted in the Dublin Gazette, and at the end of 14 days after such insertion, (exclusive of the day of insertion) to issue his warrant as aforesaid; provided, however, that such death should be sa certified to the speaker so long before the actual meeting of the house. of commons for the dispatch of business, as that the speaker might be able to insert notice thereof, and of his intention to issue such warrant, 14 days at least before such meeting of the house, and provided also that these acts should not extend to the case of the death of a member against whose election or return a petition had been presented, and was depending at the time of such prorogation or adjournment; a similar certificate of two members |