These Acts have been repealed; the enactments of both
were consolidated by the 24 Geo. 3, c. 26, which enacts
that in any recess, whether by prorogation or adjourn-
ment, the Speaker is to issue his warrant for a new
writ for electing a member in the room of any member
who dies or becomes a peer of Great Britain, as soon as
he receives notice either of the death of such member,
or of the issuing of a writ of summons to such peer by
a certificate under the hands of two members, in the
form given post, p. 401, where the Act is set out,
and see ante, p. 42. The 21 & 22 Vict. c. 110, makes
a similar provision in the case of members accept-
ing a disqualifying office during a recess, on the
Speaker's receiving, in addition to the certificate in the
form given post, p. 445, notice from the member (which
he may give by countersigning the certificate) of his
acceptance of the office. The Stewardship of the Chil-
tern Hundreds and other similar offices are excepted by
the Act, which is set out post, p. 443.

Upon a seat becoming vacant by bankruptcy (see ante, p. 443), provision is made by the Bankruptcy Act, 1883 (46 & 47 Vict. c. 52, s. 33), for issuing a writ during the recess: this section and the Form of Certificate are given post, p. 594.

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 is to issue his warrant for a new writ: 24 Geo. 3, c. 26, s. 3; 26 & 27 Vict. c. 20, s. 1; 46 & 47 Vict. c. 52, s. 33 (2).

WRIT.

In order not to interfere with the petitioning against the return of the member who either dies or is summoned to the House of Peers, it is provided, by 24 Geo. 3, c. 26, s. 4, that no warrant is to 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.

WRIT.

If Speaker dead or absent.

Notice of,

ant.

These provisions are also applied by 21 & 22 Vict. c. 110, s. 5, to the case of members accepting a disqualifying office during the recess, with the further provision that the Speaker may, where it appears doubtful whether the office vacates, reserve the question for the decision of the House instead of issuing his warrant: ibid. s. 3.

These provisions are not applied to the case of a member vacating his seat by reason of bankruptcy, because this can only occur upon a certificate of the Court, which cannot be given until after six months from the adjudication.

It is further provided in all the above cases where writs may be issued during a recess, that no warrant is to issue unless application for it is made so long before the then next meeting of Parliament that the writ for the election may be issued before the day of such next meeting: 24 Geo. 3, c. 26, s. 4; 21 & 22 Vict. c. 110, s. 5; 46 & 47 Vict. c. 52, s. 33 (2).

As the execution of the above Acts might be prevented or impeded by the death of the Speaker, or by his seat becoming vacant, or by his absence, he must at the beginning of every Parliament appoint a certain number of members, not more than seven, nor less than three, to execute these powers, and when the number by death or vacancies is reduced to less than three, he is empowered to make new appointments: 24 Geo. 3, c. 26, ss. 5 and 6; 21 & 22 Vict. c. 110, s. 5; 46 & 47 Vict. c. 52, s. 33 (3).

In order to secure freedom of election it is directed, to military command by 10 & 11 Vict. c. 21, s. 3, that the Clerk of the Crown or other officer making out any new writ is, as soon as the writ has been made out, to give notice to the Secretary-at-War (e), 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

(e) Now the Secretary or Under Secretary of State for War: 26 & 27 Vict. 12.

h

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: section 2 (f).

WRIT.

sion of.

By 7 & 8 Will. 3, c. 25, s. 1, the writs of summons Transmisare to be delivered to the proper officer" to whom the execution of them belong, i.e., to the returning officer; but no channel for their delivery was pointed out before 53 Geo. 3, c. 89, and therefore irregularities were constantly occurring. By section 1 of the latter Act it is enacted that the messenger or pursuivant of the Great Seal (g), or his deputy (h), after receiving the writs, is forthwith to carry them to the General Post Office in London, and there deliver them to the postmaster or his deputy, who on receipt is to give an acknowledgment in writing, expressing the time of delivery, and to 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 are directed, with directions to the postmaster of the town, or place nearest to the town where such officer holds his office, requiring him forthwith to deliver them to the returning officer to whom they are 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

(f) This is not to extend to any soldiers attending as guards on her Majesty, or on any of the Royal Family, or employed or stationed within the Bank of England: ibid. s. 4.

(g) Or the officer to whom his duties have been transferred: 37 & 38 Vict. c. 81.

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

8. 4.

WRIT.

In London

and Middlesex.

to inform

of their offices.

an entry thereof in a book for that purpose, and files
such memorandum along with the duplicate acknow-
ledgment above mentioned, that the same may be
inspected by, or produced to, any person interested:
53 Geo. 3, c. 89, s. 1.

The messenger or pursuivant of the Great Seal is also
to carry writs directed to the Sheriffs of London, or
Sheriff of Middlesex, to the offices of such sheriffs: ibid.
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: section 3 (i).

Returning That postmasters may be informed where officers to officers whom writs are to be directed hold their offices, the postmaster sheriffs and other returning officers of the several counties, cities, and boroughs, to whom writs for the election of Members of Parliament ought to be, and are usually directed, or their deputies, are required to send up to the Postmaster-General an account of the place where they hold their offices for the purpose: and the Postmaster-General is to make a list of such places, and to cause it to be hung up in some public place, in the General Post Office: section 2 (k).

Indorsement on.

The officer to whom the writ is directed, or his deputy, having given to the postmaster the memorandum in writing above mentioned, is further required, by the 7 & 8 Will. 3, c. 25, s. 1, "upon receipt thereof, to indorse upon the back of the writ the day he received the same." And a form of indorsement is given in the second schedule to the 35 & 36 Vict. c. 33, post, p. 503.

(i) By the Sheriffs Act, 1887 (50 & 51 Vict. c. 55), s. 24, every sheriff in England and Wales is to appoint a deputy, who is to reside or 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.

(k) This section formerly in terms applied to the Chancellor of the Duchy of Lancaster, the Bishop of Durham, the Chamberlain of Chester, and the Warden of the Cinque Ports, but was to this extent repealed by 36 & 37 Vict. c. 91: see 30 & 31 Vict. c. 102, 8. 57; 31 & 32 Vict. c. 58, s. 21.

1

i

ELECTION.

With regard to proclamations (7) or notices of election NOTICE OF in counties, the returning officer is directed by 35 & 36 Vict. c. 33, within two days after the receipt of the writ, and in the case of a borough election on the day on which he receives the writ or on the following day, to give public notice between 9 a.m. and 4 p.m. (m) of the day and place at which he will proceed to an election and of the time (i.e. the hour) appointed for the election, and of the day on which the poll will be taken in case the election is contested, and of the time and place at which forms of nomination papers may be obtained: rule 1. In the case of a county one of such notices must be posted to the postmasters of each polling place in the county, endorsed "notice of election," and such. notices are to be published by the postmasters in the same way as post-office notices are usually published: ibid.

To this notice is to be added the notification contained in the 2nd Schedule to the 38 & 39 Vict. c. 84, that all claims against the returning officer must be made to him in writing within fourteen days of the return: 38 & 39 Vict. c. 84, s. 7.

The day fixed for the election must, in the case of counties and district boroughs, be not later than the ninth day from the receipt of the writ, with an interval of three clear days at least between the day of notice and the day of election rule 2. By rule 57 the expression "district boroughs" means Monmouth and certain Welsh boroughs set forth in Sched. E. to 2 & 3 Will. 4, c. 45. But this Schedule has been partly repealed by the Statute Law Revision Act, 1888, and several of the boroughs in such schedule have under the Redistribution of Seats Act, 1885 (48 & 49 Vict. c. 23), ceased to return a member.

(1) By section 15 of 35 & 36 Vict. c. 33, the word "proclamation" is to be deemed to include a public notice given in pursuance of the Act, and the word "polling booth" is to be deemed to include a polling station.

(m) In the Shaftesbury case, in 1793, the notice of election was given between 11 and 12 p.m., but the committee nevertheless determined the election to be valid: 48 Journ. 371.