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The Law relating to the Election of Members of Parliament. given to the person by whom it was de- / whom they elect to serve them in parlialivered."
ment? and each candidate is proposed by The proceedings which follow the re-one elector and seconded by another. ceipt of the writ, and precede the election, After a reasonable time, and an inquiry are subject to different regulations, as re- whether any other elector has any other gards elections, for counties, for cities and candidate to propose, if no other candidate towns being counties, and for cities and is nominated beyond the number required boroughs. In counties, the sheriff, within by the writ or precept to be returned, the two days from the receipt of the writ, returning officer, without any show of must cause a proclamation to be made for hands, or any further appeal to the electors, the election, not sooner than the tenth day, is bound to declare those proposed elected. nor later than the 16th day, from the mak. If a greater number of persons are nomi. ing of such proclamation, (25 Geo. 3, c. nated than can be returned under the writ 84, S. 4.) In cities and towns being or precept, the returning officer is to decounties of themselves, where the writ termine the election, either by the view goes directly to the returning officer, the upon calling for a show of hands, or by the election must be holden within eight days poll. An election by the view can only be after the receipt of the writ, and three made by consent of all the electors present, clear days' notice of the time and place of A candidate, or any elector, may demand election must be given, which is calculated a poll, and when legally demanded, it is exclusive of the day of notice, and also of imperative on the returning officer to grant the day of election, (3 & 4 Vict. c. 81). In a poll. (7 & 8 W. 3, c. 25.) But the poll cities and boroughs the writ goes, in the must be demanded either before the mafirst instance, to the sheriff, who is bound jority is declared upon a view, or within a to make out his precepts and deliver them reasonable time afterwards. to the various returning officers of the Each candidate may be called upon after cities and boroughs in his county, within the nomination, on the day of election, or three days after the receipt of the writ, any time before the day fixed for the meetand the election must be holden withining of parliament, upon the written request eight days after the receipt of the precept, of any other candidate, or of two registered the returning officer giving at least three electors, to declare his qualification, and if clear days notice of the day of election. the candidate so called upon wilfully refuse (7 & 8 W. 3, c 25, and 3 & 4 Vict. c. 81.) to comply with the request for twenty-four Notices of election must be given in all hours, his election and return would be places, between 8 o'clock A. M. and 6 void. (1 & 2 Vict. c. 48, s. 3.) The de. o'clock P. M., from the 25th March to the claration of qualification may be made be25th October, and between 8 o'clock A. M. fore the returning officer, or a justice, or a and 4 P. M., during the winter months. commissioner specially appointed, and it (33 Geo. 3, c. 64.) Particular places have must be certified to the Court of Chancery, been appointed in certain counties for hold- or the Court of Queen's Bench, within ing elections by the Reform Act, 2 W. 4, three months. The qualification of memc. 45, and the Boundary Act, 2 & 3 W. 4, bers is now regulated by the stat. 1 & 2 c. 64, but in counties for which no particu- Vict. c. 48, s. 2. To represent a county, lar place is specified, the election must be the member must have an estate arising held at the usual and customary place of out of real or personal property of the election.
clear yearly value of 6001.; and to repreThe proceedings on the day of election sent å city, borough, or town, a similar are as follow :- Between the hours of 8 estate of 3001. per annum, over and above and 11 A. M., the sheriff, or other returning incumbrances. The estate may arise out officer, should open the election by reading of any interest in land of any tenure, legal the writ or precept, and then taking the or equitable, situated in the United Kingbribery oath, which may be administered dom, or the rents and profits thereof; or by any justice of the peace, or if none be out of personal property, or the interest, present, by three electors. The Bribery dividends, or annual proceeds thereof. The Act, (2 Geo. 2, c. 24,) is then read, where- member, however, must have an estate for upon the returning officer asks the electors, his own life, or the life of some other per
son then living, or for a term of years ab
solute or determinable on his own life or See 35 G. 3, c. 84; 53 G. 3, C, 89; and 7 the life of some other living person, of & 3 W. 3, c. 23.
which term not less than thirteen years The Law relating to the Election of Members of Parliament.
307 shall be unexpired at the time of the and then the polling must take place on election.c
the following days respectively. (5&6 W. In case of a contested election, the re- 4, c. 36.) In counties the polling conturning officer is to cause booths to be tinues for two days : on the first day for erected for the convenience of taking the seven liours, commencing at 9 o'clock A. M.; poll; and by the 6 & 7 W. 4, c. 102, s. 3, and on the second day for eight hours, in counties a polling booth is to be pro- finally closing at 4 o'clock P. M. In cities vided at each polling place for every 450 and boroughıs the poll continues during one electors, at an expense not exceeding 401. day only, commencing at 8 o'clock A. M., Pursuant to a provision contained in the and closing at 4 o'clock P. M. statute 2 W. 4, c. 45, s. 63, the polling When once the sheriff, or other returnplaces in counties are enumerated in the ing officer, grants a poll, he ought to proschedules to the Boundary Act, but ad- ceed with it, and if a candidate be proposed ditional polling places have been appointed at any time during the polling, and has a by the Privy Council, upon the application majority of votes, his election will be valid; of justices under the 6 & 7 W. 4, c. 102. but, although a poll be granted, if no votes In cities or boroughs, the returning officer are tendered within a reasonable time after should provide polling places for the dit- the poll opens, the returning officer may ferent parishes or districts for the city or declare the numbers upon a view. borough, but the expenses must not exceed The returning officer is required, before 25l. for the booths, for any parish or dis- the polling day, to cause a copy of the retrict, and they must be so arranged that gister of voters to be prepared for use at no greater number than 300 electors shall each polling place, which he must certify be compellesi to poli in each booth or com- under his hand to be true; and he is authopartment. (? W. 4, c. 45, and 5 & 6 W. rised to appoint a deputy to preside, and 4, c. 36.) The booths are provided at the clerks to take the poll
, at each polling joint and equal expense of the candidates, place. The poll clerks are sworn by the but if a candidate is nominated and de- returning officer, or his deputy, truly and clines going to the pol!, he is not liable to indifferently to take the poll, and they defray any portion of the expenses; and if must enter the place of the electors' qualia person has been proposeil without his fication, as declared by him at the time of consent, the proposer is liable to the ex-voting. The returning officer, or his penses as if he had been himself a candi- deputy, may also appoint commissioners date. If the returning officer incurs any for the purpose of administering oaths, it expenses, beyond those specified by statute requested by any of the candidates in writthe candidates will not be bound to reim- ing.“ The deputics are paid after the rate burse him, unless they have rendered of two guineas a day, the poll clerks each. themselves liable by contract, express or one guinca a day, anil the commissioners implied.
one guinea a day, and the returning officer Where a poll is demanded, it cannot take is entitled to be repaid those expenses by place on the day of nomination, but must the candidates in equal proportions. The be appointed in counties to commence on candidates may severally nominate one the next day but two after the day of nomi person to act as inspector or cheque clerk nation, unless such next day but two for each clerk appointed to take the poll; should happen to fall on a Saturday or and the returning officer allows a cheque Sunday, and in that event, the poll must book to be kept by such inspector at every begin on Monday. (2 W. 4, c. 45, s. 62.) polling place. (18 Geo. 2, c. 18, and 19
In cities or boroughs the poll should com- Geo. 2, c. 28.) In places where the nummence at 8 o'clock A. M. of the day next ber of electors does not amount to 600, following the day of nomination, unless there is no statutory provision giving a such day next following should fall on a candidate a right to a check on the poll Sunday, Good Friday, or Christmas day, book.
Electors can only be permitted to vote . By the 1 & 2 Vict. c. 43, s, 9, the members at the booth or compartment allotted to for the Universities of Oxford, Cambridge, and the parish or place in respect of which they Trinity College, Dublin, and the eldest sons of are registered. (2 W.4, c. 45, s. 68). Tlie
peers or lords of parliament, or of any persons register is conclusive evidence of the right qualified by the statute to serve as knights of the shire, may sit without any property qualifi
d See 34 Geo. 3, c. 73; 42 Geo. 3, c. 62; cation.
and 43 Geo. 3, c. 74.
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 10 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 alreadly 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 voie 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 sheriff returns the writ, and with it the revotes at the election, and they must be return of the proper returning officer to the ceived by the returning officer and entered Clerk of the Crown. The 10 & 11 W.3, in the poll book, but they are distinguished c. 7, requires, that the return shall be from the votes admitted and allowed, and made with all convenient expedition, and at are not counted at the election. (2 W. 4, the furthest within fourteen days after the c. 45, s. 59.)
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 sheriff or other returning officer makes a in declaring the name of the candidate for special return. An officer making a wilwhom he proposes to vote, he may amend fully false return, or neglecting to make a his declaration at any time before the vote return, is liable to penalties. The return
is recorded by the poll clerk; but after the once made cannot be altered without the NEWHỰia cop plete it wculd be unsafe for the consent of the House, and no member is
polt eterk to make any alteration. entitled to sit, unless he has been duly re
The polt clerks, at the close of the day's turned, but if the return is good in subpoll, must send up the poll books and deliver stance, it cannot be successfully impeached them to the turning officer or his deputy, for want of form. who is bounikto give a receipt for them, and 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- prorogued and stands prorogued to Tuesday, ference to the proportionate number of that end publish this our Royal proclamation,
. We do for 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.
Temporal, and the knights, citizens, and bur. The incidental proceedings at elections, gesses, and the commissioners for shires and and the law relating to undue influence, burghs, of the House of Commons are disbribery, treating, and riots at elections, as the said Tuesday, the 21st day of September
charged from their ineeting and attendance on well as the proceedings upon election pe next : and we, being desirous and resolved, as titions, will be mere conveniently treated soon as may be, to meet our people, and to of in a future number.e
have their advice in parliament, do hereby
make known to all our loving subjects our CLOSE OF THE SESSION. Royal will and pleasure to call a new Par
liament; and do hereby further declare, that,
with the advice of our Privy Council, we have Royal Assents.
given order that our Chancellor of that part of In addition to the bills which received the our United Kingdom called Great Britain, and Royal Assent on the 22nd instant, stated at p. our Chancellor of Ireland, do, respectively, 304, ante, the following also received the Royal upon notice thereof, forthwith issue our writs Assent on that day :
in due forın, and according to law, for calling Canal Companies.
a new Parliament : and we do hereby also, by Highway Rates.
this our Royal proclamation under our Great Passengers' Act Amendment.
Seal of our United Kingdom, require writs Stock in Trade Exemption.
forthwith to be issued accordingly by our said 23rd July.
Chancellors respectively, for causing the Lords
Spiritual and Temporal and Commons, who Poor Removal Act Amendinent.
are to serve in the said Parliament, to be duly Poor Law Administration.
returned to, and give their attendance in, our Commons Inclosure, No. 3.
said Parliament; which writs are to be return. Bishopric of Manchester.
able on Tuesday, the 21st day of September
next. THE QUEEN'S SPEECH.
Given at our Court at Buckingham Palace, Parliament was prorogued by the Queen in this 23rd day of July, in the year of our Lord person, on Friday the 23rd instant. It
1847, and in the 11th year of our reign.
appears that her Majesty was not advised by her minis
God save the QUEEN. ters to take any notice of the acts which have been passed during the session for the LEGAL CANDIDATES FOR THE NEW alteration of the law,
PARLIAMENT. The Speaker of the House of Commons, however, in his address to her Majesty, thus briefly adverts to that subject :
Aglionby, H. A., Cockermouth, “During the progress of the session which Allen, Robert, S. L., Birmingham. is now about to terminate, we have maturely *Benbow, John, Dudley. considered various measures for the practical Bernal, R., Rochester. improvement of the law, and for the ainélioration + Bethell, R., Q. C., Frome. of the moral and social condition of the people; *Blewitt, R. J., Monmouth. and where it has not been possible to bring Bodkin, W. H., Rochester. these measures to a satisfactory conclusion, we * Bremridge, R., Barnstaple. hope to have prepared the way for sound and Buller, C., Q. C., (Judge Advocate,) Liskeard. useful legislation in future sessions of parlia- Cabbell, B. B., Birmingham. ment.” May this be so! Amen.
Cardwell, E., Liverpool.
Cobbett, J. M., Oldham.
AND CALLING A NEW PARLIAMENT. Cockburn, A. E., Q. C., Southampton.
Cripps, William, Cirencester.
Dundas, Sir D., S. G., Sutherlandshire. e For the materials from which this summary
*Freshfield, J. W., London. is framed, we are entirely indebted to Mr.
Glover, W., S. L., Hereford. Wordsworth's Treatise on the Law and Prac- Godson, R., Q. C., Kidderminster. tice of Elections, a third edition of which has
Greene, T., Lancaster. been most opportunely published, to which we
Grey, Right Hon. Sir G., (Home Secretary,) refer those who desire full and accurate infor- North Northumberland. mation on the subject.
*Grimsditch, J., Macclesfield.
Legal Candidates for the New Parliament.--New Statutes. +*Harvey, D. Whittle, Marylebone. thorities, and privileges of the said Court Hayter, W. G., Q. C., Welis.
of Review in Bankruptcy hereby abolished Hildyard, R. C., Q. C., Whitehaven. shall be transferred to and vested in and shall Hogg, Sir J. W., Bart., Honiton.
hereafter be exercised and enjoyed by such one +Humfrey, L. C., Q. C., Cambridge. of the Vice-Chancellors of the High Court of Inglis, Sir R. H., Oxford University. Chancery as the Lord Chancellor shall from Jervis, Sir J., Knt., A. G., Chester. time to time be pleased to appoint, and that all Jervis, John J., Horsham.
persons now holding office or acting in the said Kelly, Sir F., Knt., Q. C., Lyme Regis. Court of Review shall continue to hold the
Law, Hon. C. E., Q. C., Cambridge Uni- same, and to perform the duties thereof under versity.
the jurisdiction hereby created, in the same Lefevre, Right Hon. G. S., Hampshire. manner and under the same tenure and subject Martin, S., Q. C., Pontefract.
to the same regulations as they now hold the *Neeld, J., Chippenham.
same and act therein : Provided always, that Nicholl, Dr., Cardiff,
notwithstanding the passing of this act the Palmer, Roundell, Plymouth.
present judges of the Court of Review shall be +*Payne, W., London.
entitled to the same rank and precedence to *Pearson, C., Lambeth.
which they are now entitled. Richards, R., Merionethshire.
3. Laus und orders to apply to Vice-ChancelRoebuck, J. A., Q. C., Bath.
lor so sitting.–And be it enacted, That all Rolt, J., Q. C., Stamford.
laws, orders, and authorities touching the pracRomilly, John, Q. C., Devonport.
tice and manner of proceeding in the said Shee, W., S. L., Marylebone.
Court of Review, and appealing to and from Stuart, J., Q. C., Newark.
the said court, shall continue in force, and be Talfourd, T. N., Q. S., Rcading.
applicable to the jurisdiction of the said VicTancred, H. W., Q. C., Banbury.
Chancellor so appointed; and that all sums Thesiger, Sir F., Knt., Q. C., Abingdon. and fees shall continue to be payable and reTuriss, 11.,Q. C., Bury St. Edmunds. ceivable by the like persons, and shall continue Walpole, S. H., Q. C., Midhurst.
to be paid and applied to the like purposes, as + Warren, S., Finsbury.
the same have hcretofore been paid and reWarren, R. B., S. L., Frome.
ceived in respect of any matter in the said Whateley, W., Q. C., South Shields. Court of Review. *Wilks, J., St. Albans.
4. Jurisdiction of the Courts of Bankruptcy *Wire, D. W., Boston.
under 5 8: 6 Vict. c. 116; 7 8 8 Vict. c. 96,
and 8 8.9 Vict, c. 127, transferred to Court for * Marked thus, are or have been solicitors. the Relief of Inso’tent Debtors and to the County + Thus, declined or withdrawn.
Courts. 98: 10 l'ict. c. 95.- And be it enacted, That from the time this act shall com
mence and take effect all power, jurisdiction, NEW STATUTES EFFECTING ALTERA- and authority given to hier Majesty's Court of TIONS IN THE LAW.
Bankruptcy and district Courts of Bank. ruptcy, and to the commissioners thereof, in matters of insolvency, by an act passed in the 5 & 6 Vict. c. 116, intituled,
Act for the Relief of Insolvent Debtors," and 10 & 11 Vict. c. 102.
by an act passed in the 7 & 8 Vict. c. 96, inAn Act to abolish the Court of Review in Bank- tituled “An Act to amend the Law of Insol.
ruptcy, and to make Alterations in the Ju- vency, Bankruptcy, and Execution,” and by an risdiction of the Courts of Bankruptcy and act passed in the 8 & 9 Vict. c. 127, intituled, Court for Relief of Insolvent Debtors. (July An Act for better securing the Payment of 22, 1847.]
Small Delts,” or by the rules and orders made
in pursuance of any of the said acts, shall be 1. Court of Review abolished.- Whereas it is transferred to and vested in the Court for the expedient to abolish the Court of Review in Relief of Insolvent Debtors in England, and to Bankruptcy, and to make alterations in the and in the commissioners thereof for the time jurisdiction of ihe Courts of Bankruptcy and being, and to and in the County Courts constiCourt for Relief of Insolvent Debtors : 'Be it tuted or to be constituted under an act passed therefore enacted by the Queen's most excellent in the 9 & 10 Vict. c. 95, intituled “An Act Majesty, hy and with the advice and consent of for the more easy Recovery of Small Debts and the Lords spiritual and temporal, and Com- Demands in England,” in manner herein-after mons, in this prezent parliament assembled, mentioned. and by the authority of the same, That the 5. In Insolvent Debtors' Court the provisional Court of Review in Bankruptcy and the offices assignee, and in County Courts the clerk, to act of the chief judge and other judges of the Court as official assignee ; clerks of County Courts to of Bankruptcy be hereby abolished. 2. Jurisdiction of Court of Review trans-act as messengers.And be it enacted, That in
act as registrars; bailiffs of County Courts to ferred lo one of the Vice-Chancellors.--And be the Court for the Relief of Insolvent Debtors it enacted, That all the jurisdiction, power, au- the provisional assignee, and in the said County
BANKRUPTCY AND INSOLVENCY.