THE House of Commons is summoned by a warrant (a) (issued in pursuance of a Royal proclamation) from the Queen in Council to the Lords High Chancellors of Great Britain and Ireland, Lords Keepers or Lords Commissioners of the Great Seal, commanding them to cause writs (b) to be issued for the election of knights, citizens, and burgesses, to serve in Parliament.

(a) In practice an order is substituted for this warrant. Atkinson's Sheriff Law, 154.

(b) These writs are issued from the Petty Bag Office; 12 & 13 Vict. c. 109, s. 14. After the calling of a Parliament, the Clerk of the Crown in Chancery becomes the officer as well for the receiving all returns, as for the issuing parliamentary writs in case of vacancies. Stephen's Law of El. 45; Glanv. 14.

PROCEEDINGS PREVIOUS TO THE ELECTION.

251

WRIT.

The ancient form of the writ (c), except so far as, by the operation of the 2 Will. 4, c. 45, s. 77, 16 & 17 Vict. c. 68, s. 1, and 30 & Form of. 31 Vict. c. 102, s. 58, it required to be varied, was in use till the year 1872, when the 35 & 36 Vict. c. 33, prescribed the form now in use. If there be any mistake in a writ, another may, perhaps, be sent. Heyw. Bo. 65, 66, Heyw. Co. 29; 1 Roe, 367, 368 (2nd ed.). A separate writ is issued for each division of a county. See note to form of writ in 35 & 36 Vict. c. 33, sched. 2.

turnable

By 15 & 16 Vict. c. 23, whenever a new Parliament shall be When resummoned, there are to be thirty-five days at least between the date of the proclamation and the day appointed for the meeting thereof (d).

On a vacancy during the session, by a member being called up on vacancy during sesto the House of Peers, by death, acceptance of office, or by his sion. election having been declared void from bankruptcy or otherwise, or from the seat having become vacant for any cause, the Speaker, on motion made (e), signs a warrant to the Clerk of the Crown in Chancery to issue a writ for the electing a member to serve in the room of him whose seat is become vacant (ƒ). See Ilchester, 2 Peck.; and Appendix, Forms.

Previously to the 10 Geo. 3, c. 41, there seems to have been no power to order the issuing of writs during a recess. Such a power, indeed, was assumed by the Lord Chancellor Shaftesbury; but it was resolved (February 6th, 1672), "That all elections upon the writs issued by the Chancellor since the last session are void, and

(c) See Parl. Hist. vol. xx. 382.

(d) By the ancient custom of Parliament the usual time was reputed to be forty days. By the 7 & 8 Will. 3, c. 25, this was adopted as the statutable period; but it being settled, by the 22nd Article of the Union with Scotland (5 Anne, c. 8), that the time for the meeting of the British Parliament should not be less than fifty days after the date of the proclamation, that came to be the actual period. 7 Parl. Hist. 334; 2 Hats. 289.

(e) If the motion has been made inadvertently, and the seat from any cause prove to be not in fact vacant at the time, a supersedeas to the writ, if issued, must be moved for. Rye, Journ. lxxxi. 223; lxxxvi. 134, 182. Even the subsequent vacating of the seat will not cure the original defect; and supposing a fresh writ to be issued while the first remains unsuperseded, all proceedings taken under it would be void. Orme, 14; 8 Journ. 258; Hans. (3rd ser.) 134.

(f) The 11 & 12 Vict. c. 98, provided that if a petition was pending against the return of any member whose death, acceptance of office, &c., created the vacancy, the new writ might not issue till such petition had been decided upon by a Committee. See Athlone, Journ. (1853); Southampton, 2 P. R. & D. 47. That Act is repealed by 31 & 32 Vict. c. 125, which by s. 18 provides that an election petition shall be tried although the sitting member accepts an office of profit.

WRIT.

By death, peerage, or acceptance of office.

On bankruptcy of member.

If return not
brought in
fifteen days
before pro-
rogation,
&c.,

or petition pending.

that Mr. Speaker do issue warrants to the Clerk of the Crown to make out writs for those places." Cobbett's Parl. Debates, vol. iv. 511. It appears, moreover, that the members elected on writs issued by the Chancellor were expelled the House. Proceedings of the House of C. i. 169.

But by the above Act provision was made for the cases of deaths during a recess. This was extended, by the 15 Geo. 3, c. 36 (h), to cases of members made peers. The first-named Act, however, was repealed, and the enactments of both consolidated, by the 24 Geo. 3, c. 36, which enacts that in any recess, whether by prorogation or adjournment, the Speaker shall issue his warrant for a new writ for electing a member in the room of any member who shall die, or who shall become a peer of Great Britain, as soon as he shall receive notice thereof by a certificate under the hands of two members. The 21 & 22 Vict. c. 110, makes a similar provision in the case of members accepting a disqualifying office during a recess, on the Speaker's receiving, in addition to the certificate, notice from the member (which he may give by countersigning the certificate) of his acceptance of the office. See Appendix, Forms.

By the 32 & 33 Vict. c. 71, s. 122, if a member be adjudged a bankrupt, and the order be not annulled within one year, nor debts paid, nor security given for debts disputed and costs, the court shall, at the expiration of that time, certify the same to the Speaker, and thereupon the seat of such member shall be vacant. See ante, p. 236.

Upon receipt of certificates, in any of the above cases, the Speaker is required forthwith to cause notice to be inserted in the London Gazette, and six days after the insertion of such notice shall issue his warrant for a new writ; 24 Geo. 3, c. 26, s. 3; 26 & 27 Vict. c. 20; 32 & 33 Vict. c. 71, s. 123.

In order not to interfere with the petitioning against the return of the member whose death or summons to the House of Peers creates the vacancy, it is provided, by the 24 Geo. 3, c. 26, s. 4, that no warrant shall issue during the recess to supply the vacancy, unless the member has been returned into the Crown Office fifteen days at least before the last day of the session, nor in any case where a petition was depending against such return at the time of the prorogation or adjournment.

The above Act has not been repealed, but the 31 & 32 Vict. c. 125, s. 6, now provides that a petition shall be presented within twenty-one days after the return has been made to the Clerk of the Crown; and the 19th section provides that the trial of an

(h) Repealed by the 24 & 25 Vict. c. 101.

Election Petition under the Act shall be proceeded with notwithstanding the prorogation of Parliament.

If Parliment is dissolved before the petition is heard, the petition drops. Carter v. Mills, L. R. 9 C. P. 117 (¿).

The twenty-one days is reckoned from the time when the return reaches the Clerk of the Crown, so that he may act upon it; Hurdle v. Waring, L. R. 9 C. P. 435.

It is further provided in all cases, as well vacancies by bankruptcy as by death or accession to a peerage, that no warrant shall issue unless application for it shall be made so long before the then next meeting of Parliament as that the writ for the election may be issued before the day of such next meeting; 24 Geo. 3, c. 26, s. 4; 32 & 33 Vict. c. 71, s. 123.

WRIT.

dead or

As the execution of the above acts might be prevented or im- If Speaker peded by the death of the Speaker, or by his seat becoming vacant, absent. or by his absence, he may, by 24 Geo. 3, c. 26, s. 5 (extended to vacancies by members becoming bankrupt, by 32 & 33 Vict. c. 71, s. 124, or accepting a disqualifying office by 21 & 22 Vict. c. 110, s. 5), authorise a certain number of members, not more than seven, nor less than three, to execute these powers.

By s. 6 of the 24 Geo. 3, c. 26, when the number by death or vacancies is reduced to less than three, the Speaker is empowered to make new appointments.

By s. 7 every such appointment shall be entered in the Journals and be published once in the Gazette.

In order to secure freedom of election it is directed, by 10 & 11 Notice of, to military Vict. c. 21, s. 3, that the Clerk of the Crown or other officer commandmaking out any new writ shall, as soon as the writ has been made ant. out, give notice to the Secretary-at-war, or, in case there be no Secretary-at-war, to the person officiating in his stead (k), and he to the General commanding the district, who is to see that no soldier within two miles of the place of election or poll shall be allowed to go out of barracks on the day of nomination or of polling, unless to mount or relieve guard, or give his vote at the election, and that, going out for such purpose, he shall return with all convenient speed; s. 2 (1).

By the 23 Henry 6, c. 14 (which is repealed by 35 & 36 Vict. c. Transmis

(2) If it is dissolved after the hearing and judgment, but before the judge's certificate reaches the Speaker, query? See Marshall v. James, L. R. 9 C. P. 702.

(k) Now the Secretary or Under-Secretary of State for War, the office of Secretary-at-War having been abolished by 26 & 27 Vict. c. 12, and his duties transferred to the Secretary of State for War. (7) This is not to extend to any soldiers attending as guards on Her Majesty, or employed or stationed within the Bank of England.

sion of.

WRIT.

Transmis

sion of.

By post.

In London

and Middlesex.

Returning officers to

inform postmaster of

their offices.

33), and 7 & 8 Will. 3, c. 25, s. 1, the writs of summons were ordered "to be delivered to the proper officer" to whom the execution of them belonged; but, no channel for their delivery being pointed out, irregularities were constantly occurring; till, by 53 Geo. 3, c. 89, s. 1, it was enacted that the messenger or pursuivant of the Great Seal (m), or his deputy (n), after receiving the writs, shall forthwith carry them to the General Post Office in London, and there deliver them to the post-master or his deputy, who on receipt shall give an acknowledgment in writing, expressing the time of delivery, and keep a duplicate of such acknowledgment, signed by himself and the messenger.

The Postmaster-General, &c., is to despatch all writs, free of postage, by the first post, under covers, to the officer to whom the same shall be directed, with directions to the postmaster of the town, or place nearest to the town where such officer shall hold his office, requiring him forthwith to deliver them to the returning officer to whom they shall be directed, who is required to give a memorandum, under his hand, to such postmaster, acknowledging the receipt of the writ, and setting forth the day and hour when delivered. The memorandum is also to be signed by the postmaster, and by him transmitted, by the first or second post, to the Postmaster-General, who makes an entry thereof in a book for that purpose, and files such memorandum along with the duplicate acknowledgment above mentioned, that the same may be inspected by or produced to any person interested.

The messenger or pursuivant of the Great Seal (m) is also to carry writs directed to the Sheriffs of London, or Sheriff of Middlesex, to the offices of such sheriffs: s. 1: and where a sheriff, or other person to whom writs are directed, hold their offices within London, Westminster, or Southwark, or five miles thereof, the messenger is to carry the writs to such offices; s. 3 (0).

That postmasters may be informed where officers to whom writs shall be directed hold their offices, the Chancellor of Lancaster, Bishop of Durham or his Chancellor (p), the Chamberlain of

(m) Or officer, whatever he may be called, who performs his duties, 37 & 38 Vict. c. 81.

(n) Who must be appointed in writing. See 37 & 38 Vict. c. 81,

s. 4.

(0) By the 3 & 4 Will. 4, c. 42, s. 20, every sheriff in England and Wales is to appoint a deputy, who is to have an office within a mile of the Inner Temple Hall; but this is only for the purpose of executing the process of the superior courts of Common Law, and does not apply to Parliamentary writs.

(p) By s. 57 of 30 & 31 Vict. c. 102, the county of Lancaster has ceased to be a county Palatine so far as writs for elections are concerned; and they are accordingly to be issued, directed, and