I cannot concur in the meaning which has been put upon the Act during the argument, which would make the Act a mere nullity, viz., that it merely forbids that which would have been unlawful before. The Act creates a new offence, and makes that unlawful which was lawful before, provided it be done with a view to induce persons to vote or not to vote at the election of members of Parliament. Accordingly a threat to withdraw the charity bread and even to withdraw his own custom, made during the election, would have been an infringement of the Act of Parliament. After the election was over, of course every person would be at liberty to employ whom he pleased as his tradesmen, but not during the election to threaten that he would withdraw his custom. That is just the same as if a landlord were to say-'You are my tenant from year to year, and unless you vote for my candidate I will give you notice to quit, and turn you out of the house.' To prevent such threats being made use of during the election the present Act of Parliament was passed" (a). The Court thought the charges were substantially though not satisfactorily answered and discharged the rule without costs. (a) See Report in Times, 6th May, 1857. LAW AND PRACTICE OW VIBOTTAWA Page ERRATA. 4, line 3, for "58" read "68." 26, line 13 from bottom, for "week" read "Wick." 149, line 1, for "voters" read "watchmen." 425, line 9, dele “which was added in the House of Lords, as was also the one with regard to county voters," and insert "which was added in the House of Commons, the proviso as to county voters being inserted in the House of Lords. 67 Hans. P. D. 1086. 69 Hans. 996." purpose is an oicer of the House of Commons. If a vacancy occurs during a session, a motion is made in the House that a writ do issue for the vacant seat, and the Speaker of the House of Commons then B I cannot concur in the meaning which has been put upon the Act during the argument, which would make the Act a mere nullity, viz., that it merely forbids that LAW AND PRACTICE OF ELECTIONS. CHAPTER I. 1. Proceedings previous to an Election. 3. Declaration and Return. All elec 1. Proceedings previous to the Election.] tions for members to serve in Parliament take place by virtue of writs, issued out of the Crown Office in Chancery. Upon a dissolution of Parliament by proclamation, which is the ordinary method of dissolving, the proclamation at the same time states, that orders have been given to the Lord Chancellors of Great Britain and Ireland, forthwith to issue writs for the calling together of a new Parliament. The Queen with the advice of her Privy Council, by warrant under her hand, directs the Lord Chancellors to cause writs to be issued, which writs are to be returnable on a day named in the warrant. The writs are made out by the clerk of the Crown in Chancery, who for this purpose is an officer of the House of Commons. If a vacancy occurs during a session, a motion is made in the House that a writ do issue for the vacant seat, and the Speaker of the House of Commons then B orders the clerk of the Crown, by a warrant under his hand, to make out the writ for a new election. When the new writ issues in consequence of the election made upon a former writ having been declared void, it is usual for a special writ to issue stating that circumstance. In one case, Aldborough, where the election had been annulled for treating, the second writ issued without noticing the former writ and election, but stated the vacancy as occasioned by the death of Sir M. Wentworth, upon whose death the void election had taken place (a). Such, however, is not the form in use at the present day (b). If a vacancy, caused by the death of a member, or by a member becoming a peer of Great Britain and being summoned to the Upper House by a writ under the Great Seal, occur during a recess of the House, the Speaker may issue a warrant ordering a new writ to be made out in the place of such member. In order to enable the Speaker to issue his warrant, he must receive a certificate, signed by two members of the House of Commons, stating the cause of the vacancy. The writ may be issued in any recess of the House, either by prorogation or adjournment, provided the application for the writ is made so long before the next meeting of the House, that the writ may be issued before such day. The Speaker cannot issue the warrant unless the return of the member, whose seat is now vacant, had been brought into the Crown Office fifteen days before the last sitting of the House; nor (a) 12 Journ. 19; 3 Luders, 500. (b) See the Ilchester case, 2 Peck., and Warren's Manual, App. 442. |