308 The Law relating to the Election of Members of Parliament. of the elector to vote, and any person ten- at county elections to deliver them in the dering his vote is subject to be questioned same condition to the poll clerk on the on behalf of any candidate only on two morning of the second day. On the final points, namely, whether he is the person close of the poll, the books are delivered whose name appears on the register, and sealed to the returning officer, who retains whether he has already voted at the elec- them in the same state until the day next tion? If a party whose name appears on but one after the close of the poll, when the register has ceased to have the qualifi- the seals are broken, the number of votes cation in respect of which he was regis-cast up and declared, and the members tered, his vote cannot now be rejected at elected publicly proclaimed. If the day the election for that reason, although it next but one after the poll has closed falls would be invalid in the event of a petition on a Sunday, the proclamation, &c., is on against the return. (6 Vict. c. 18, s. 79.) Monday, and it must not be later than two The only grounds on which the returning o'clock in the afternoon. (2 W. 4, c. 45, officer is authorised to reject the vote of s. 65.) After the state of the poll is deany person whose name appears on the clared, and the members chosen proclaimed, register are, that the voter is not the per- the returning officer seals up the poll books, son whose name so appears, that he has and the candidates, if they think fit, may already voted at the election, that he has respectively affix their seals. The returnrefused to take the oath prescribed in re- ing officer, or his deputy, may, if he think spect of his identity and his not before fit, declare the final state of the poll and voting, or that he has refused to take the make the return immediately after the poll bribery oath, if required. Falsely answer- has closed, (2 W. 4, c. 45, s. 68,) but in ing either of the questions already adverted practice this is seldom done. After the to, and personating a voter, are indictable members elected have been proclaimed, misdemeanors. A candidate may appoint the returning officer delivers the poll books persons to attend at the booths to detect sealed to the Clerk of the Crown in Chanpersonation, and any person so detected cery, or to the postmaster of the place may be given immediately into custody, where such proclamation is made, adand taken before a justice of the peace: in dressed to the Clerk of the Crown in such case the vote is not rejected if the Chancery. questions are answered and the oaths taken, Immediately after the proclamation of but the returning officer should mark in the the members elected, the sheriff, in poll book against such vote a memorandum counties, makes his return under seal to that it has been protested against for per- the Clerk of the Crown in Chancery: in sonation. Persons whose votes have been cities and boroughs the returning officer excluded from the register by a decision of returns the precept to the sheriff, and the the revising barrister, may tender their votes at the election, and they must be received by the returning officer and entered in the poll book, but they are distinguished from the votes admitted and allowed, and are not counted at the election. (2 W. 4, c. 45, s. 59.) sheriff returns the writ, and with it the return of the proper returning officer to the Clerk of the Crown. The 10 & 11 W. 3, c. 7, requires, that the return shall be made with all convenient expedition, and at the furthest within fourteen days after the election. In case of an equality of votes, The declaration of the voter for whom he there is properly a double return, and ocmeans to vote should be made to the poll casionally, where there are two persons clerk, and if he makes a mistake in entering claiming to act as returning officers, they the vote he may amend it: whilst his book may properly make a double return. If it remains unaltered, it is the best evidence be impossible to complete the return, the of the vote. If the voter makes a mistake in declaring the name of the candidate for whom he proposes to vote, he may amend his declaration at any time before the vote is recorded by the poll clerk; but after the NEWpis complete it would be unsafe for the poll clerk to make any alteration. The poll clerks, at the close of the day's poll, must sent up the poll books and deliver them to the returning officer or his deputy, who is bound to give a receipt for them, and sheriff or other returning officer makes a special return. An officer making a wil fully false return, or neglecting to make a return, is liable to penalties. The return once made cannot be altered without the consent of the House, and no member is entitled to sit, unless he has been duly returned, but if the return is good in substance, it cannot be successfully impeached for want of form. The 6 Vict. c. 18, s. 55, contains a pro Close of the Session.-Legal Candidates for the New Parliament. 309 vision for the expenses incurred by return- the advice of our Privy Council, to dissolve ing officers of boroughs, which are to be this present Parliament, which was this day defrayed out of the poor's rates, with re- the 21st day of September next. prorogued and stands prorogued to Tuesday, We do for ference to the proportionate number of that end publish this our Royal proclamation, voters in the several parishes of the and do hereby dissolve the said Parliament borough. There is no similar enactment accordingly; and the Lords Spiritual and as to sheriffs of counties. THE QUEEN'S SPEECH. Parliament was prorogued by the Queen in person, on Friday the 23rd instant. It appears that her Majesty was not advised by her ministers to take any notice of the acts which Temporal, and the knights, citizens, and burgesses, and the commissioners for shires and burghs, of the House of Commons are disthe said Tuesday, the 21st day of September charged from their meeting and attendance on next and we, being desirous and resolved, as soon as may be, to meet our people, and to have their advice in parliament, do hereby make known to all our loving subjects our Royal will and pleasure to call a new Parliament; and do hereby further declare, that, with the advice of our Privy Council, we have given order that our Chancellor of that part of our United Kingdom called Great Britain, and our Chancellor of Ireland, do, respectively, upon notice thereof, forthwith issue our writs in due form, and according to law, for calling a new Parliament: and we do hereby also, by this our Royal proclamation under our Great Seal of our United Kingdom, require writs forthwith to be issued accordingly by our said Chancellors respectively, for causing the Lords Spiritual and Temporal and Commons, who are to serve in the said Parliament, to be duly returned to, and give their attendance in, our said Parliament; which writs are to be returnable on Tuesday, the 21st day of September have been passed during the session for the LEGAL CANDIDATES FOR THE NEW alteration of the law. The Speaker of the House of Commons, however, in his address to her Majesty, thus briefly adverts to that subject: "During the progress of the session which is now about to terminate, we have maturely considered various measures for the practical improvement of the law, and for the amelioration of the moral and social condition of the people; and where it has not been possible to bring these measures to a satisfactory conclusion, we hope to have prepared the way for sound and useful legislation in future sessions of parliament." May this be so! Amen. PROCLAMATION FOR DISSOLVING THE LATE Whereas we have thought fit, by and with e For the materials from which this summary is framed, we are entirely indebted to Mr. Wordsworth's Treatise on the Law and Practice of Elections, a third edition of which has been most opportunely published, to which we refer those who desire full and accurate information on the subject. PARLIAMENT. Aglionby, H. A., Cockermouth. Buller, C., Q. C., (Judge Advocate,) Liskeard. Cobbett, J. M., Oldham. *Cobbold, J. C., Ipswich. Cockburn, A. E., Q. C., Southampton. Cripps, William, Cirencester. Escott, B., Winchester. Dundas, Sir D., S. G., Sutherlandshire. *Freshfield, J. W., London. Glover, W., S. L., Hereford. Godson, R., Q. C., Kidderminster. Greene, T., Lancaster. Grey, Right Hon. Sir G., (Home Secretary,) North Northumberland. *Grimsditch, J., Macclesfield. P 3 310 Legal Candidates for the New Parliament.-New Statutes. *Harvey, D. Whittle, Marylebone. Kelly, Sir F., Knt., Q. C., Lyme Regis. Law, Hon. C. E., Q. C., Cambridge versity. Lefevre, Right Hon. G. S., Hampshire. Nicholl, Dr., Cardiff, Palmer, Roundell, Plymouth. +*Payne, W., London. *Pearson, C., Lambeth. Richards, R., Merionethshire. Uni * Marked thus, are or have been solicitors. + Thus, declined or withdrawn. NEW STATUTES EFFECTING ALTERA- BANKRUPTCY AND INSOLVENCY. 10 & 11 VICT. c. 102. An Act to abolish the Court of Review in Bankruptcy, and to make Alterations in the Jurisdiction of the Courts of Bankruptcy and Court for Relief of Insolvent Debtors. [July 22, 1847.] 1. Court of Review abolished.-Whereas it is expedient to abolish the Court of Review in Bankruptcy, and to make alterations in the jurisdiction of the Courts of Bankruptcy and Court for Relief of Insolvent Debtors: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That the Court of Review in Bankruptcy and the offices of the chief judge and other judges of the Court of Bankruptcy be hereby abolished. 2. Jurisdiction of Court of Review transferred to one of the Vice-Chancellors.-And be it enacted, That all the jurisdiction, power, au thorities, and privileges of the said Court of Review in Bankruptcy hereby abolished shall be transferred to and vested in and shall hereafter be exercised and enjoyed by such one of the Vice-Chancellors of the High Court of Chancery as the Lord Chancellor shall from time to time be pleased to appoint, and that all persons now holding office or acting in the said Court of Review shall continue to hold the same, and to perform the duties thereof under the jurisdiction hereby created, in the same manner and under the same tenure and subject to the same regulations as they now hold the same and act therein: Provided always, that notwithstanding the passing of this act the present judges of the Court of Review shall be entitled to the same rank and precedence to which they are now entitled. 3. Laws and orders to apply to Vice-Chancellor so sitting.-And be it enacted, That all laws, orders, and authorities touching the practice and manner of proceeding in the said Court of Review, and appealing to and from the said court, shall continue in force, and be applicable to the jurisdiction of the said ViceChancellor so appointed; and that all sums and fees shall continue to be payable and receivable by the like persons, and shall continue to be paid and applied to the like purposes, as the same have heretofore been paid and received in respect of any matter in the said Court of Review. 4. Jurisdiction of the Courts of Bankruptcy under 5 & 6 Vict. c. 116; 7 & 8 Vict. c. 96, and 8 & 9 Vict. c. 127, transferred to Court for the Relief of Insolvent Debtors and to the County Courts. 9 & 10 Vict. c. 95.-And be it enacted, That from the time this act shall commence and take effect all power, jurisdiction, and authority given to her Majesty's Court of Bankruptcy and district Courts of Bankruptcy, and to the commissioners thereof, in matters of insolvency, by an act passed in the 5 & 6 Vict. c. 116, intituled, “An Act for the Relief of Insolvent Debtors," and by an act passed in the 7 & 8 Vict. c. 96, intituled "An Act to amend the Law of Insolvency, Bankruptcy, and Execution," and by an act passed in the 8 & 9 Vict. c. 127, intituled, Small Debts," or by the rules and orders made "An Act for better securing the Payment of in pursuance of any of the said acts, shall be transferred to and vested in the Court for the Relief of Insolvent Debtors in England, and to and in the commissioners thereof for the time being, and to and in the County Courts constituted or to be constituted under an act passed in the 9 & 10 Vict. c. 95, intituled "An Act for the more easy Recovery of Small Debts and Demands in England," in manner herein-after mentioned. 5. In Insolvent Debtors' Court the provisional assignee, and in County Courts the clerk, to act as official assignee; clerks of County Courts to act as registrars; bailiffs of County Courts to act as messengers.-And be it enacted, That in the Court for the Relief of Insolvent Debtors the provisional assignee, and in the said County New Statutes effecting Alterations in the Law. 311 solvent Debtors, and every such County Court aforesaid, shall, from and after the time this act shall commence and take effect, have and exercise, in the prosecution of such petitions and summonses filed and issued in such courts respectively, the like power and authority in all respects under the aforesaid acts as the commissioners of Her Majesty's Court of Bankruptcy and District Courts of Bankruptcy have heretofore had and exercised on the presentation of petitions of insolvent debtors, and on such summonses as aforesaid, under such acts, except as herein-after otherwise provided, and shall each, singly, be and form a court for every purpose under this or the aforesaid acts; and that every commissioner of the said Court for the Relief of Insolvent Debtors shall henceforth, singly, be and form a court for every purpose under all acts now in force or which may hereafter be in force relating to insolvent debtors. Courts the clerk of the court, shall in every case of insolvency under such two first-mentioned acts be and act as the official assignee of the estate and effects of the insolvent; and that in each of the said County Courts the clerk of such court shall act as the registrars of the Court of Bankruptcy have heretofore been accustomed to act under any of the said acts; and every such clerk shall do and perform all acts heretofore done and performed by such registrars or by the clerk of the Insolvent Debtors' Court under any of the said acts; and every such clerk shall do and perform all such acts and duties necessary for carrying this act into effect as shall be ordered by any such County Court, or by any commissioner of the said Court for the Relief of Insolvent Debtors; and that the high bailiff of every such County Court and his assistants shall be and act as a messenger of the Court of Bankruptcy and his assistants have heretofore been accustomed to act under the said acts; and such high bailiff 7. Recited acts to apply to persons petitionand his assistants shall do all acts heretofore ing who have been in prison.-And be it dedone under the said acts, and shall possess and clared and enacted, That the said two firstenjoy all the powers, authorities, and privileges mentioned acts shall apply to the cases of when acting under the said acts as have been persons petitioning under the said acts, heretofore done, possessed, or enjoyed by any although they may have been already in prison messenger of the Court of Bankruptcy or his under judgment or otherwise for debt. assistants when acting under any of the said acts, and shall do and perform all such acts as shall be ordered by any such County Court for the purpose of carrying this act into effect. 8. If insolvent shall not have resided six months, jurisdiction vested in Insolvent Court or County Court.-Provided always, and be it enacted, That if any such insolvent shall not 6. Jurisdiction of Insolvent Debtors' Court have so resided for six months in any one and County Courts.-And be it enacted, That place as aforesaid, then he shall file his petition from the time this act shall commence and in the said Insolvent Debtors' Court, and the take effect the Court for the Relief of Insolvent jurisdiction aforesaid in the matter of such Debtors in England, and the commissioners insolvency shall be vested either in the Court thereof, and the judges of the County Courts for Relief of Insolvent Debtors in London, or aforesaid, shall have jurisdiction in all matters in such one of the said County Courts as the of insolvency and debt under the aforesaid said Court for the Relief of Insolvent Debtors acts in manner following; that is to say, the shall direct. said Court for the Relief of Insolvent Debtors, 9. Petitions now pending under recited acts, and the commissioners thereof, in all cases in Sc., to be disposed of notwithstanding the which the insolvent in cases of insolvency, or passing of this act.-And be it enacted, That the defendant in the case of any summons with respect to petitions under the aforesaid issued under the aforesaid act for the better acts or either of them which are now in desecuring the payment of small debts, shall have resided for six calendar months next immediately preceding the time of filing his petition, or of the suing out of any such summons aforesaid within any parish the distance whereof, as measured by the nearest highway from the General Post Office in London to the parish church of such parish, shall not exceed the distance of twenty miles, to which district the jurisdiction of the said court and the commissioners thereof under the aforesaid acts is 10. Jurisdiction of the Court for Relief of hereby restricted; and the said County Courts Insolvent Debtors on circuit transferred to aforesaid in all cases wherein the insolvent or County Courts.-And be it enacted, That from defendant shall have resided elsewhere, and and after the fifteenth day of September next shall have resided for six calendar months next the circuits of the commissioners of the said immediately preceding the time of filing his Court for the Relief of Insolvent Debtors shall petition, or the suing out of any summons be abolished; and that if thereafter any insolwithin the district of such County Court to vent debtor in custody in any of Her Majesty's which such insolvent shall prefer his petition, gaols situated elsewhere than within the disor to which any plaintiff may apply for any trict to which the jurisdiction of such court summons as aforesaid; and that every com- is restricted as herein-before mentioned shall missioner of the Court for the Relief of In-petition such court under any act or acts pendence, or which shall have been presented to the Court of Bankruptcy or any District Court of Bankruptcy before the time at which this act shall commence and take effect, the provisions of such acts, and the jurisdiction of such courts and the commissioners thereof under such acts, or under the rules and orders made in pursuance thereof, shall remain in full force and effect notwithstanding the passing of this act. 312 New Statutes effecting Alterations in the Law. relating to insolvent debtors, other than the the same be insufficient for such purpose, out two first-mentioned acts or this act, or if any of the interest and profit arising from any such prisoner shall have so petitioned prior to government securities upon which any unthe passing of this act, and his petition shall claimed money produced by the estates and not have been heard, or if the same shall have effects of insolvent debtors may be invested. been heard and the consideration thereof shall 11. Recognizances of sureties entered into have been adjourned, such court or some com- under 1 & 2 Vict., c. 110, for enforcing atmissioner thereof shall forthwith, after the tendance of insolvents, to bind persons to upschedule of such prisoner shall have been duly peur before county courts. And whereas in filed in the case of any new petition, and at pursuance of an act passed in the 1 & 2 Vict., any time which to such court or commissioner c. 110, intituled, " An Act for abolishing Arshall seem fit in the case of any petition which rest on Mesne Process in Civil Actions except shall not have come on for hearing, or the in certain Cases, for extending the Remedies hearing of which shall have been adjourned as of Creditors against the Property of Debtors, aforesaid, make an order referring such peti- and for amending the Laws for the Relief of tion for hearing to the County Court within Insolvent Debtors in England," divers perthe district of which such insolvent debtor is sons as sureties have entered into recogniin custody, and shall transmit such petition zances to the provisional assignee of the Insoland schedule to such court for hearing ac- vent Debtors' Court, with conditions that the cordingly; and that the judge of such court insolvents therein mentioned should duly apshall appoint a time and place for such pri- pear at the time and places therein mentioned, soner to be brought up before such court, and and it is necessary that some of such insolcause the usual notices to be given; and that vents should appear before the County Courts any court to which any such petition shall under this act; be it therefore enacted, That be so referred and transmitted shall have and every such recognizance shall extend to bind possess the same power and authority with the persons who may have entered into the respect to every such petition, and shall make same, in case the insolvent debtor therein all such orders, give all such directions, and mentioned shall not at the time appointed do all such matters and things requisite for in such recognizance duly appear before the the discharging or remanding of such prisoner, County Court to which the matter of such and otherwise respecting such prisoner, his insolvent is transferred by this act and on schedule, creditors, and assignees, as the said every adjourned hearing, or shall not abide by Court for the Relief of Insolvent Debtors or the final judgment of such court. any commissioner thereof might make, give, 12. Fees in Insolvent Debtors' Court to go or do in the matters of petitions heard before in reduction of certain compensations to its such court or commissioner under such acts; officers.-And whereas in consequence of late and that every such petition and schedule, and alterations in the laws of imprisonment for all judgments, rules, orders, directions, and debt certain compensations have become payproceedings pronounced, made, and done able and are paid by the commissioners of thereon in all and every the matters aforesaid her Majesty's treasury to the officers of the by such County Court, shall be returned to court for the relief of insolvent debtors in the said Court for the Relief of Insolvent respect of the diminution of fees received Debtors, signed by the judge of such County therein: And whereas by the additional busiCourt, to be a record of the said Court for the ness given to the said court by this act the Relief of Insolvent Debtors, and to be kept as fees payable therein will again be increased, such among the records thereof; and the said whereby a less sum will be required for the Court for the Relief of Insolvent Debtors, and said compensations; be it enacted, That the every commissioner thereof, in every case in fees to be received in the said court in matters which any insolvent debtor petitioning the where jurisdiction is given by this act shall Court for the Relief of Insolvent Debtors be received by the same persons, to be by under such acts shall be in custody in any of them applied in the same manner as the fees Her Majesty's gaols within the district to received in matters heretofore under the juriswhich the jurisdiction of such court is limited diction of the said court are now applied, any aforesaid, and the County Courts in the matter thing herein to the contrary notwithstanding: of every such petition so referred and trans- Provided always, that it shall be lawful for the mitted for hearing as aforesaid, shall have commissioners of her Majesty's treasury for power to issue a warrant or order, directed to the time being, or any three of them, and the governor, keeper, or gaoler, of any gaol, they are hereby empowered, to give such didirecting him to bring the insolvent before the rections as they shall think proper in regard County Court on the day appointed for the to the compensation allowances now payable hearing of his petition, or at any adjourned to the officers and clerks of the court for the sitting held in the matter of this petition, and relief of insolvent debtors in England, under every such governor, keeper, or gaoler shall the provisions of the said recited act passed obey such warrant; and every such court may in the eighth year of the reign of her Majesty, order the expense attending the bringing up in consequence of the fees to be received by of every such insolvent to be paid by the pro- them being again increased by the operation visional assignee out of the estate and effects of this act. of such insolvent, or if there be no estate, or 13. Power to Secretary of State to order |