Imágenes de páginas
PDF
EPUB

same

continued.

XXXII. The The principle of Representation, which requires that a Deputy shall have the suffrages of a majority of the Electors, to be duly respected. To this end, if the Nominees be more in number than two, they shall be reThe mode of so doing. duced to two. If only one be nominated, the Recorder to nominate a second.

vard on every day of nomination, the loving and seconding of the aforesaid ropositions shall not depend on, nor e the act of, any suitors of the Elecoral Court; but it shall be the offiial duty of the Recorder (without ny seconding being necessary) to proJound the same, always beginning with that of approval; when, if the amě be negatived, he shall next propound that of no blame; and in case of that also being negatived, he shall finally propound that of disapprobation; but if either the first or the second proposition pass in the affirmative, the inquiry shall then cease; but notwithstanding such restraint as aforesaid in wording the propositions, which are to be recorded in the proceedings of a Folkmote, those present shall nevertheless enjoy the same freedom of speech in such their legislatorial elections, as their depu-put in nomination, it is now open to

ties enjoy in Parliament.

XXXIII. And provided also, that no division be taken for deciding which of the nominees at any folkmote shall be entitled to stand a poll on the final day of election until the pretensions of each and every of them shall have been successively, one at time, submitted to the free discussion of the folkmote, to which end and for the preservation of order, the Recorder shall say, "(A. B. Esq.) having been

[ocr errors]

all electors present in this folkmote "to give their opinions on the fitness

66

66

or unfitness of the said (A. B.) to

XXXI. As soon as any Electorate in folkmote assembled shall have so de- represent this electorate in Parliaclared its opinion, touching the con-ment ;" and when the respective duct of its Representative in the Par- pretensions of each of such nominees liament then recently expired, the shall in succession have been so subfolkmote shall next proceed to the mitted to and discussed by the folknomination of persons to serve in the mote, but not before, the sense of the new Parliament then about to be folkmote shall be taken on each seelected; when no nomination shall be parately by regular divisions; and if effectual, unless supported by three three Electors present demand a poll, electors present; one moving, another the same shall be immediately grantseconding, and a third approving; ed; when two tellers on each side. and, prior to any speech or speeches having by their friends been proposed, whatever, recommendatory of a no- and by the Recorder authorised, the minee or nominees, the names of the ayes shall go forth, and the noes reseveral persons nominated shall be main within; and the respective numentered in the proceedings by the bers of the majority and minority in clerk. each case taken down by the clerk.

XXXIV. And it is hereby further enacted, that the names of the two persons who shall eventually be entitled to stand the final poll as aforesaid, shall be entered on a list, to be called the report of nominations, which list shall be audibly read to the folkmote; and within the three days next ensuing, copies of the same shall by the Recorder be transmitted to every place of election within his jurisdiction, to be proceeded upon as hereinafter is ordained and provided.

XXXIX. Election not only a sa cred right, but a serious duty. Elec tors to enrol themselves in the Regis ters, and duly to perform. suit and ser vice in the Courts of Folkmote and Courts of Appointment. Liable to penalties for omission or misbeha viour.

XL. Mode of polling, for securing perfect regularity and order.

XLI. On the Sunday evening, in. mediately preceding the last. Monday XXXV. Provisions for extending, in June, the minister and parish-offiin extraordinary cases, the proceed-cers to meet for completing the Elec ings of a folkmote even beyond the toral Register. day.

XXXVI. And it is hereby further enacted, that all disputes and controversies, which within any electorate of the United Kingdom may arise, touching the right of suffrage in the election of a representative to serve in Parliament, seeing that such right must depend on the mere question of a claimant's being or not being an inhabitant of the Electorate, shall be cognizable by such electoral court of precognition and redress as aforesaid, the decision of which court, in every such case, shall to all intents and purposes be final and conclusive, and by no other court or power whatever be questionable.

XXXVII. By whom the Electoral Register is to be kept. Its Form and mode of correction, preparatory to every Election..

XXXVIII. Penalties for neglect.or misbehaviour.

Its correctness to

be certified, as a criterion for polling,

XLII. In Scotland, the Church Elders and Schoolmaster to attend for completing the Register.

XLIII. Young men, claiming to be entered in the Electoral Register, and declaring themselves to be eighteen years of age, to be enregistered ac cordingly, unless proved to be under that age. If convicted of wilfully making a false declaration, to forfeit the right of suffrage for three years.

XLIV. Churchwardens to provide Polling-Tables, Counters, Serving. Trays, Sorting-Boxes, and Receivers, and such as are here described.

XLV. The same to be carefully preserved and set out preparatory to polling, agreeably to the engraved plan annexed.

(Here follow two engraved plans, one of the polling-table and its vessels,

ind the other of the Court of Apointment.)

LV. Further facilities for fully making and accomplishing (unforeseen accidents excepted), the elecXLVI. On the day of Election or tion of an entire Parliament in the Appointment, being the second Sun-course of four hours, between seven lay after the day of Nomination, a and eleven o'clock in the forenoon of Court, called the Court of Appoint- the Day of Appointment, in every nent, is to be holden in the Church, year, as aforesaid. But, in the event Chapel, or other place before set forth, of any such unforeseen accident as of every parish or place in each Elec-may, in any particular place, prevent torate. Such Court to be open at a completion of the poll by the hour seven o'clock in the forenoon, when of eleven in the forenoon, the polling ll the Electors, as suitors of that may continue beyond that hour, and Court, are required to attend for the for such additional time as may be performance of their duty. Mode of practicable without interfering with electing a President of the Court. the religious service for the day, of the church or chapel in which the court shall be holden as aforesaid; or the court may be adjourned to five of the clock in the evening, and from that hour be kept sitting until the poll be fully taken and concluded..

XLVII. The Election to be preceded by an Admonition from the President, or a Prayer by a Minister of Religion. Forms of the Admonition and Prayer.

XLVIII. The powers and the duties of the President.

XLIX. Mode of conducting the Election. Scrutineers to be appointed.

LVI. Such Electors as may not answer to their names on a first call, to have the benefit of a second call, but no more.

LVII. As soon as the second call

L. The same continued. Mode of shall be completed, the Poll to be balloting particularly described. closed by proclamation.

LI. All Elections throughout the LVIII. The President and Scrukingdom, to be made in the forenoon tineers to count, write down, and deof the Day of Appointment, and within clare the number of Votes for each four hours, from seven to eleven. Re-Nominee. A Return to the Recorder gulations to that end.-Auxiliary of the Electorate to be made accordCourts of Appointment may be esta-ingly. Its Form.-A counterpart to blished.

LII. LIII. and LIV. Regulations for eonstituting Auxiliary Courts of Appointment.

be preserved, until after the General Election of the year following. In case of error, the Poll to be adjourned for a week. Notice to be given; and the Form.

LIX. Penalty on the President and Scrutineer for any such error. A Poll being once correctly taken, the Court of Appointment to be dissolved by Proclamation.

[ocr errors]

LXV. Parliament, whether as sembled by virtue of this Act on the said second Thursday in January, o having been earlier assembled by Royal Proclamation, shall continue assembled until the last Saturday of LX. The Recorder, on receiving April in the same year; for it is the the several local Returns, to summon intendment of, and ordained by this a Court of Suffrage; in which the present Act, that a Parliament on a local Returns are to be examined, and certainty shall ever in all time to digest of them made. Counterparts come, be sitting for the public weal of the same to be signed and sealed at Westminster aforesaid from the by the Recorder, by all the Jurors second Thursday in January, to the present, and as many Electors as last Saturday of April in every year, choose. In case of an equality of and not longer; except required so suffrage for the two Nominees, a cast-to do for any specified number of ading vote shall be vested in the Court ditional days, not extending beyond of Suffrage, either by a show of the 15th day of June, by a speech hands, or by a division. One in- from the Throne, or by a special misdented counterpart to be transmitted sive from the Crown to each House of to the Clerk of the Crown in Chan-Parliament.

cery. The Form of the General Return of the Electorate. Neglect of duty, on the part of the Jurors of the Court of Suffrage, to be punishable.

LXI. The Clerk of the Crown to

examine the Returns, and ascertain whether the same person has, in any case, been chosen by more Electorates than one. How to proceed in such cases..

LXII. How Vacancies in the Representation shall be filled.

4

LXIII. Parliament to meet on the second Thursday of January, by virtue of this Act, if not previously required by Proclamation.

LXVI. At the first assembling of every new Parliament, the Speaker of the Commons to assert a right to the Freedom of Speech; but, at the same time, to assure the executive Sovereign, that, in the exercise of that Right, they shall carefully avoid all language which would not become a House of Parliament duly pecting every institution of the Realm

res

LXVII. If Parliament be convened prior to the second Thursday in January, forty days notice to be given.

LXVIII. If Parliament be sitting in December, or in November after the fifteenth day of that month, not to be separated prior to its regu

LXIV. Speaker to be chosen, and every Session of Parliament to be opened by a Speech from the Throne.lar Annual Session.

then

LXIX. If, during any extra-sit- | seded by the appointment of another ting, Parliament shall receive a noti- in his place by such warrant as aforefication, that the Crown is not aware said, shall be allowed at all times to of any necessity for its then con- attend the proceedings of the said tinuing its consultations; yet, for House, and shall there enjoy the right sufficient cause it may continue to- of propounding subjects of delibergether until it shall vote in confor- ation, with a perfect freedom of demity with such Notification; but not bate and liberty of speech as aforelawful to sit beyond the 15th of June. said. But all officers of the Crown being utterly disqualified from being members of a Commons House, all such officers of the Crown as aforesaid, shall be incapable of giving any vote in the proceedings of that House; and in order to prevent mistakes or confusion, a distinct bench or benches, in front of the benches of the members, shall be provided and set apart for the exclusive use of such twelve officers of the Crown, so attending the House, and on occasion of all divisions for the deciding of questions, the said officers of the Crown, if they continue in the House, shall retire behind the Speaker's chair, or into an adjoining room, until the division be declared.

LXX. And whereas, it is highly expedient for the public service, that a competent number of the officers of the crown should attend the Commons House of Parliament, and there enjoy the right of propounding subjects of deliberation, with a perfect freedom of debate and liberty of speech, to all intents and purposes, the same as the proper members of the said House. It is therefore, hereby farther enacted, that His Majesty's Privy Council, the Lord High Chancellor, the Lords Commissioners of the Treasury, the Lords Commissioners of the Admiralty, each principal Secretary of State, the Chancellor of the Exchequer, the Commissioners of the Navy, the Board of Ordnance, the Secretary at War, and the Board of India Controul; shall each be required, from time to time, by war-highest degree of atrocity. Attempts -rant under hand and seal, addressed to the Speaker of the Commons House, to appoint one person in each of the said departments of the executive government, being a commoner, making twelve in the whole, who shall so attend the House accordingly; the said Chancellor of the Exchequer, the said Secretary at War, and any Secretary of State who may be a commoner, being at liberty to appoint himself. And that each officer of the Crown so appointed, until he may be super

LXXI. and LXXII. Corruption of the Electors by bribes or threats, to be declared a Treason of the first or

at Corruption, a Treason of the second degree of atrocity. To be first proceeded against in the Court of Precognition and Redress. If the accused be there adjudged guilty, the original complainant and all witnesses to be bound over to prosecute. How the Recorder is then to proceed. The offence to be tried in the County; but if in the small islands, then in the next court of criminal jurisdiction which shall be holden. Wilful defaults in prosecuting to be punished.

« AnteriorContinuar »