BOOK IV.

PUBLIC RIGHTS.

PART I-CIVIL GOVERNMENT.

CHAPTER I.

THE PARLIAMENTS.

What are the relations of persons?

(i.) Public; (ii.) private. The public relations are those of the magistrates and the people.

Of what classes are the magistrates?

(i.) Supreme; (ii.) subordinate; and of supreme magistrates in England the Parliament is the supreme Legislative, and the Sovereign the supreme Executive.

How long have Parliaments existed?

Parliaments in some shape are of as high antiquity as the Saxon government in this island, and have subsisted in their present form at least six hundred years.

How is Parliament assembled, and how often?

By the sovereign's writs issuing out of Chancery by the advice. of the Privy Council, and it assembles within thirty-five days of the issuing such writs. Formerly its sittings must not have been intermitted above three years, but now it sits every year.

What are the constituent parts of the Parliament ?

(i.) The sovereign sitting in his royal political capacity; (ii.) the lords spiritual and temporal; and (iii.) the commons represented by the members. Each of which part has a negative or necessary voice in making laws.

Of whom do the lords spiritual consist?

Two archbishops, and twenty-four bishops for England and Wales, and though the lords spiritual are a distinct estate from the lords temporal, they are usually included under the one name, "the Lords." They intermix in the votes, and a majority so obtained decides the specific question before the House.

Of what do the lords temporal consist?

Of the peers of the realm by whatever title of nobility distinguished, dukes, marquises, earls, viscounts, or barons. Some sit by descent, some by creation, and others by election, as the sixteen Scottish peers elected for one parliament only, and the twenty-eight representative Irish peers who are elected for life. The number of peers in the United Kingdom is indefinite, and may be increased at will by the power of the Crown.

Of what do the commonalty consist?

The commonalty are divided into two classes: (i.) those which have, and (ii.) those which have not the elective franchise. The counties are represented in the House of Commons by Knights (called Knights of the Shire), and the cities and boroughs by Burgesses. The university members, i.e., for Oxford, Cambridge, and London, are returned by the graduates, and the universities of Scotland and Dublin are also duly represented.

With regard to the general Law of Parliament, what are its powers and privileges?

Its power is absolute. Each House is the judge of its own privileges, and all the members of either House are entitled to the privilege (i.) of speech, (ii.) of person; and it must be remembered that no one can sit in either House under twenty-one, and until he has in the presence of the members taken the necessary oath; and an alien, although naturalized or made a denizen, cannot serve unless he is born of English parents; and also the members have the right to publish their own reports, papers, votes, and other proceedings.

How far is the person of a peer or a member of the House of Commons protected from arrest?

In the case of a peer, his person is inviolable; in the case of a commoner when the House is sitting, and for forty days after every prorogation, and for forty days before the next appointed meeting, which is now in effect as long as Parliament subsists; and he is also protected before the first meeting and after the final dissolution for a convenient time sufficient to allow of his coming from or returning to any part of the kingdom.

What are the peculiar privileges of the Lords?

(i.) To hunt in the king's forests.

(ii.) To be attended by the judges and certain counsel,
(iii.) To make proxies.

(iv.) To enter protests; and

(v.) To regulate the election of the sixteen peers of North Britain-the election of Irish peers being provided for by the fourth article of the Union.

M

What are the peculiar privileges of the Commons?

(i.) To raise taxes on the subject; (ii.) to determine the merits of their own elections with regard to the qualifications of the electors and elected, and the proceedings at elections themselves.

In respect of what species of property are electors entitled to a vote for a county?

Freeholds, copyholds, and leaseholds. A mortgagee if in possession of the receipts and profits (otherwise the mortgagor) and a cestui que trust have votes in respect of their several interests.

State the true reason of requiring any qualifications at all with regard to property in voters, and mention the qualifications necessary, under existing statutes, to constitute a man an elector for his county.

To exclude such persons as are in so mean a situation that they are esteemed to have no will of their own. (2 Stephen's Com., 349-350.)

The qualifications necessary are either lands of freehold, copyhold, or any other tenure.

(i.) As to freeholds.

(1.) 40s. (by the year at least above all charges) freeholds of inheritance.

(2.) 40s. freeholds for life or lives, if the owner is in bona fide occupation, or have been acquired by marriage, by marriage settlement, devise, or promotion.

(3.) Freeholders, if not in occupation, or obtained as above, the clear yearly value of £5 above all rents and charges.

(ii.) As to copyholds or any other tenure not being freehold. An estate for life or lives of the clear annual value of not less than £5 over and above all rents, &c.

(iii.) As to leaseholds.

Lessees and the assignees for (1) an original term of not less than sixty years of £5 clear annual value; (2) for an original term of twenty years £50 clear annual value; (3) in the case of sub-lessees or assignees of an under-lease of the occupiers in respect of an original term of twenty years' occupation of the premises.

(iv.) Franchise by occupation.

As to tenants.

(1.) Tenants at a clear annual value of not less than £50.

(2.) Owners or tenants, or occupiers at a rateable value of £12 per annum or upwards.

How is the registration of voters conducted?

The overseers make out their lists before the 20th June, and call upon persons wishing to be placed thereon, or where any alteration is necessary to be made, to send in the fresh or altered claims to such overseers before the 20th July. The overseers also make out a list of persons entitled to a vote in the county. These lists and the register of the preceding year, together with notice. of objections, are then gone through, and settled by the revising barrister, subject to an appeal in any particular case to the Court of Common Pleas, and the clerk of the peace has the register reprinted, and then handed to the sheriff. Freeholders, copyholders, customary tenants, must have been in possession of the property six calendar months before the 30th July previous to the holding of the revising barrister's court, and in case of leaseholders, assignees, or occupiers for twelve calendar months, subject to the fact of such properties having come to the owner, holder, or occupier liable to pay rent by descent, succession, marriage, marriage settlement, devise or promotion to any benefice or office, and in the case of a £12 per annum rateable owner or occupier if he has been duly rated and paid all his rates up to the 5th of January preceding.

What are the necessary qualifications for borough voters?

(i.) The occupation of a dwelling-house within the borough as sole owner or tenant, and having been for twelve months previous to the 15th day of July in any year duly rated to the poor rates, and having on or before the 20th of July in the same year paid all the rates which became payable up to the preceding 5th day of January.

(ii) In case of a lodger occupation as sole tenant for the twelve months preceding the 15th day of July in any year, the same lodging being part of one and the same dwelling-house, and of a clear value, if let unfurnished, of £10 or upwards, provided he has resided in the same during such twelve months, and has claimed to be registered as a voter at the next ensuing registration of voters.

In the case of registration no person is entitled to vote unless his qualification as to residence continues to the polling, and parties claiming a vote need not send in a claim except in the case of a lodger, because their names are always entered.

Mention some of the restrictions and incapacities as regards voting.

(i.) Full age and legal capacity.

(ii.) An estate must not be conveyed simply to confer a

vote.

(iii.) Only one person can vote in respect of the same house

or tenement.

(iv.) No peer can vote.

(v.) No metropolitan police magistrate within his district.
(vi.) No voter must have received parochial relief within
twelve calendar months preceding the last day of July
in the same year.

(vii.) No person can vote at a county election in respect of
property conferring a borough vote.

Mention some of the disqualifications for sitting in the House of Commons.

(i.) Personal: (1) an English peer; (2) an infant; (3) lunatic; (4) idiot; (5) a person convicted of treason or felony; (6) an outlaw on a criminal prosecution; (7) a candidate consenting to or convicted of bribery is disqualified for seven years; (8) a bankrupt.

(ii.) On account of offices: (1) judges of the Supreme Courts or County Courts of England; (2) Ireland; (3) Scotland; (4) officers of the Bankruptcy Courts; (5) the clergy; (6) Metropolitan police magistrates, and (7) within their respective jurisdictions, sheriffs of counties; (8) returning officers of boroughs; (9) recorders; (10) revising barristers; and (11) any person holding an office under the Crown since 1705; (12) a royal pension; and (13) a government contractor.

How are persons now elected to be members of the House of Commons?

Immediately Parliament assembles the Lord Chancellor sends his warrant to the Clerk of the Crown, who issues out writs to the returning officers, the sheriff of a county, and the mayor of a borough, for the elections. Within two days after he receives the writ the sheriff, and within one day the mayor, must between 9 a.m. and 4 p.m. give public notice of the day and place of election, or of the poll if contested, and the time and place of nomination papers. The election must take place within nine days in respect of the county or district borough, and in the case of other boroughs within four days; if necessary, the writ between the hours of 10 and 3. The candidate is then nominated in writing by two electors and eight others assenting, and if no more candidates are nominated within an hour there is no contest, otherwise a poll must be taken at a future date, which is now done by ballot, and the member returned by the majority, and the return made to the Clerk of the Crown. In case of equality of votes the returning officer gives the casting vote. In an election at the universities of Oxford, Cambridge, and London, the election is carried on by means of voting papers signed and delivered to the Vice