Page images


[ocr errors][merged small]

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, imme-
diately 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 mem-
ber against whose election and return a petition was de-
pending, at the time of the last prorogation or adjourn-
ment. And tliis act provides, s. 5. that the speaker shall
within a convenient time after he shall be in that office,
at the beginning of any parliament, by, any instrument,
under his hand and seal, appoint not more than 7, nor,
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 never-
theless 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 ap-..

pointment in manner aforesaid: and every such appoint-:.
ment 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
he 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 realın,
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.

[ocr errors]


9. 7.

S. 8.


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.

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 act of union, (40 Geo. 3. c. 38. Ir. and 40 Geo. 3. c. 67. 40 Geozic. 2g. Eng.) has been already stated,* which authorizes and 're- 5.7. Ir. quires the chancellor of Ireland to cause writs to be iś- *Ante page 21. sued 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. 1a 15 and 16 Geo. 3. c. 11. Ir. contained provisions analo- 15 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 * Ante 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; à similar certificate of two


[ocr errors]

members was thereby required, in case of any member becoming a peer of Ireland during such recess, a writ of summons having been issued under the great seal of Ireland to summon such member to parliament, and the notice and warrant of the speaker were in the latter case to be subject to the same exceptions and regulations as

in the former. Place, time, and The 7 and 8 W. 3. c. 25. s. 3. Eng. enacts, that upon mode of election in England. every election of any knight of the shire, the sheriff 7 & 8 W. 3. shall hold his county court for the election at the most

& public and usual place of election, and where the same has most usually been for 40 years, and shall there pro

ceed to election; the provision of this act as to the time 25 Geo. 3. c. 84. of holding such election has been altered by the 25 s, 4. Eng.

Geo. 3.c. 84.s. 4. Eng. which enacts, that the sheriff, after the receipt of the writ for making an election for knights of the shire, and indorsing on the back thereof the day of receiving the same, shall within 2 days after the re

ceipt thereof, cause proclamation to be made at the place - where the election ought to be holden, of a special county

court to be there holden for such election only, on any
day (sunday excepted) not later from the day of making
such proclamation than the 16th, nor sooner than the
10th, and he shall proceed in such election at such court,
as if the election was to be held at a county court, or at
an adjourned county court; but it is provided that the
usual county court or any adjournment thereof shall for
all other purposes be held and proceeded on by the sheriff, :

as if the writ for the election of knights of the shire had 19 Geo. 2 c. 28. not been received. And the 19 Geo. 2. c. 28. s. 7. Eng. s. 7. Eng. Notice thereof.

enacts, that the 'sheriff of any city or town in England,
being a county of itself, and having a right to elect
a member or members by virtue of the writ issuing out,
of chancery without any precept thereupon, shall forth-
with upon the receipt of the writ, cause public notice to
be given of the time and place of election, and shall
proceed to election thereupon within 8 days after the
receipt of the writ, and give 3 days notice thereof, -

· exclusive of the day of the receipt of the writ and of the womans day of election. The 33 Geo. 3. c. 64. Eng. provides Eng.


[ocr errors]
[ocr errors]
[ocr errors]

that all notices to be given of the time and place of any election of members, &c. shall be publicly given at the usual place or places, within the hours of 8 in the forenoon and 4 in the afternoon, from 25 October to 25 March inclusive, and within the hours of 8 in the forenoon and 6 in the afternoon, from 25 March to 25 October, inclusive, and no other notice shall be valid. It is enacted by the 3 Edw. 1.c. 5. E. & I, that, upon Elections of

members to be great forfeiture, no man by force of arms, nor by malice free. or menacing, shall disturb any man to make free elec- 3 Edw.1 c.5. tion. And it is declared by the 8th article of the Bill

1 i W. & of Rights, that election of members of parliament ought c. 2. Eng. to be free. The 8 Geo.2.c.30. Eng. recites the 3 Edw.1. 8 Geo. 2.c 30. supra, and enacts, that as often as any election of peers to represent the peers of Scotland in parliament, or of any Military to be

Temoved before member to serve in parliament, shall be appointed to be elections. made, the secretary at war, or such person as shall officiate in his place, shall, at some convenient time before the day appointed for such election, send orders in writing for the removal of every regiment, troop, or company, or other number of soldiers, quartered or billeted in any place where such election shall be appointed to be made, one day at least before the day appointed for such election, to the distance of 2 miles from such place, and not to make any approach until one day after the poll shall be ended. And by s. 2. in case the secretary of war, or such 5.2. person as shall officiate in his place, shall neglect to

Duly of scoresend such orders, and shall be thereof convicted, upon fury of state CRany indictment to be preferred at the next assizes, or forced, sessions of oyer and terminer, for the county where such offence shall be committed, or on any information to be exhibited in K. B. within 6 months after such offence, such secretary at war, &c. shall be discharged from his office, and shall be disabled to hold any office or employment, civil or military, in his majesty's service. But by s. 3. this act shall not extend to the city of Westminster, 6.3. or the borough of Southwark, in respect of the guards comption set of the king, nor to any place where the king, or any places. of the royal family, shall reside at the time of such election, in respect of such troops only as shall be attendant guards to the king or to any of the royal fa


mily, nor to any castle or fortified place where any garrison is usually kept, in respect to such sumber of troops

only whereof such garrison is composed. And by s. 4. Exception is to any officer or soldier who shall have a right to vote at

such election is also excepted. And it is prorided (s. 5.) that the secretary at war, &c. shall not be liable to any forfeiture for not sending such order, upon any election on a racancy, unless notice of making out any new writ shall be given to him by the clerk of the crown; wbich notice he is required to give with all convenient speed. There

is no corresponding statute to this in Ireland. Apraisinment of Next as to the mode of taking the poll : the 7 &

di 8 W. 3. c. 25. s. 3. Eng. provides, that in case the spructurs to take ibe pull. election be not determined upon the view, but a poll be

& SW.S. & B. & S.Eng. en

required, the sheriff or under-sheriff, with such others as shall be deputed by him, sball forthwith proceed to take the poll in some open place or places, and the sheriff or under sheriff, or such as he shall depute, sball appoint such number of clerks as shall seem meet for taking thereof; which clerks shall all take the poll in the presence of the sheriff, &c. and before they begin to take the poll, erery clerk shall by the sheriff or under sheriff be sworn, “ truly and indifferently to take the same, and to set down the names of each freebolder, and the place of his freehold, and for whom he shall poll, and to poll no freeholder who is not sworn, if required by any candidate;" and the sheriff, &c. shall appoint for each candidate such one person as shall be nominated by such candidate to be inspector of every clerk. And by s.5.

the sheriff, &c. or such as be shall depute, shall proceed stormen to the polling of the freeholders present, and shall not

adjourn the county court to any other place, without the consent of the candidates, nor shall by any unnecessary

adjournment protract the election, but sball duly proceed 33 Gasc81. from day to day. But the 23 Geo. S. c. 84. s. 1. Eng. 6.1. Eng.

provides, that every poll demanded at any election in EngPoll, she i land, &c. sball commence on the day for which the same

shall be demanded, or upon the next day at farthest, (unless it te a Sunday,) and then on the day after, and shall be proceeded on from day to day, (Sundays excepted.)


« PreviousContinue »