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Chapter occasion, subjected to the decision of a court of justice. On
the 11th February, 1884, however, he voted twice during the
the penalty consequent upon the vote of an unsworn AttorneyPenalties member,2 The Court of Appeal decided, 28th January, Bradlaugh. taking the 1885, that the parliamentary "oath must be taken by a 168.
1. member, with the assent of the house, according to the
requirements of the standing orders, and after he has been
1866, s. 5.3
informed the house that he had received an appeal, in the
"A friendly suit was not tried to ? 12th Feb. 1884, the Chiltern test the legality of this act, as, in Hundreds granted to Mr. Bradthe judgment of the court, the laugh (see p. 645). pleadings were collusive. Gurney 3 Law Reports, 1885, part v. p. v. Bradlaugh, 1882.
667; 14 Q. B. D. 101,
based on something that had occurred during that Parlia- Chapter
be made standing between him and his taking the oath." Omission By the 30 Chas. II. stat. 2, 13 Will. III. c. 6, and 1 Geo. to take the I. stat. 2, c. 13, severe penalties and disabilities were inflicted Penalties. upon any member of either house who sat or voted without
having taken the oaths. By the 29 & 30 Vict. c. 19, any
: in the case sary to move a new writ immediately the omission is discovered, as the member's seat is vacated.3
sec p. 162, 1 141 C. J. 5; 302 H. D. 3 s. 21. Gower); 1 Will. IV. c. 8 (Lord R. n 9th March, 1882, the Speaker Grosvenor); 5 Vict. c. 3 (Earl of tated that to object to any member Scarborough); Lord Plunket, 1880. taking the oath except on grounds 3 60 C. J. 148 ; 67 ib. 286; 69 ib. public or notorious, or within the 144 ; 71 ib. 42; 86 ib. 353. In Mr. cognizance of the house, would be Bradlaugh's case (see p. 165), he was simply vexatious, 267 H. D. 3 s. 442, allowed to accept the Chiltern Hun
? 45 Geo. III. c. 5 (Lord J. dreds (see p. 645). Thynne); 56 Geo. III. C. 48 (Earl
Chapter But although a member may not sit and vote until he has Members
ones entitled to m. taken the oath, he may vacate his seat by the acceptance or Acceptance of the Chiltern Hundreds, and is entitled to all the other before they
are sworn. Chiltern privileges of a member, being regarded, both by the house Hundreds p. 642. and by the laws, as qualified to serve, until some other dis
qualification has been shown to exist. Thus, on the 13th
April, 1715, it was resolved “that Sir Joseph Jekyll was An unsucorn capable of being chosen of a committee of secrecy, though member
je he had not been sworn at the Clerk's table."1 On the 11th
eleven years without having taken the oaths, to the com-
It is usual for members who have not yet taken the
é of a return. received from the clerk of the Crown (see p. 150), is sufficient evidence of the return of a member, and the oatlıs are at once administered. If a member be elected after a general election, the clerk of the Crown sends to the Clerk of the house a certificate of the return received in the Crown Office : 5 and the member must obtain a certificate
118 C. J. 59; Chandler's Debates; 7 Parl. Hist. 57; 2 Hatsell, 88, n.
• 113 C. J. 167; 150 H. D. 3 s. 336. 430.
3 113 C. J. 162.
• When, 18th May, 1849, notice was taken that strangers were present, Baron Rothschild retained his seat below the bar, although he had
not taken the oath; and Mr. Bradlaugh was present below the bar, during many divisions, while forbidden to take the oath.
5 During the session of 1889, the return of a member for Kennington, on Friday, 15th March, was not delivered at the Crown Office until the following Monday evening at nine
from the Public Bill Office of the receipt of that certificate Chapter
vities regardbut his return was not received by the clerk of the Crown inj rcturns,
see also p. until the 18th; and it was questioned whether the oaths 639. which he had taken before the receipt of the return, had been duly taken. A committee was appointed to inquire into the matter, who reported that the non-return of the indenture to the Crown Office cannot affect the validity of the election, nor the right of a person duly elected, to be held a member of the house. The committee, at the same time, recommended a strict adherence to the practice of requiring the production of the usual certificate.
On the 10th May, 1858, Baron Rothschild having been returned upon a new writ, and not having brought up the certificate of his return, the certificate from the clerk of the Crown was ordered to be read, before a motion was made
for adding Baron Rothschild to a committee.?
headed by the oath and affirmation which he has taken or
by the Clerk of the house. New
Members returned upon new writs issued after the general members sworn after election, take the oath or make their affirmation in the general
same manner; and, under the resolution of the 23rd election.
February, 1688,“ in compliance with an ancient order and
o'clock. On the meeting of the
and the Speaker informed the house Sce, when that he would ascertain from the no return is clerk of the Crown the circumstances madı, p. of the case, and that action should 640.
be taken thereon, if necessary. The
delay in the delivery of the return had arisen in the post-office; and the member took the oath during a subsequent sitting, 334 H. D. 3 s. 53.
Parl. Paper, sess. 1848, No. 256.
: 113 C. J. 162.
Chapter custom, they are introduced to the table between two
members, making their obeisances as they go up, that they
seated on have been returned at the beginning of the Parliament, petition. when no such introduction is customary.
Another difference of form is to be remarked, in reference to new members, and members seated on petition, when coming to be sworn. The former not being in the original Return Book, must bring with them, as already stated, a certificate of their return from the clerk of the Crown : but the latter having become members by the adjudication of an election judge, the clerk of the Crown amends the return by order of the house (see p. 658); and he does not certify to the house the return of such members. In the event of the demise of the Crown, all the members Demise of
the Crown. of both houses again take the oath. To return to the ordinary business of the session. When King's
speech, the greater part of the members of both houses are sworn, the causes of summons are declared by the king in person, or by commission. This proceeding is the commencement of the session; and in every session but the first of a Parliament, as there is no election of a Speaker, nor any general swearing of members, the session is opened at once by the King's speech, without any preliminary
proceedings in either house. Both houses usually meet at Reassembly two o'clock in the afternoon. In the Commons, prayers are of the Commons said before the King's speech, but in the Lords usually at four
not until their second meeting, later in the afternoon. The o'clock.. see p. 174,
110 C. J. 34. 18th Feb. 1874, Dr. order be dispensed with, on this Kenealy, a new member, came to the occasion. 130 C. J. 52; 222 H. D. table to be sworn, without the in- 3 s. 486. troduction by two members. The ? 2 Hatsell, 85, n. Speaker acquainted him with the 36 Anne, c. 7; 37 Geo. III. c. 137; order of the house, and, refusing to 92 C. J. 490, &c.; 156 ib. 5, &c. hear any comments from him, “When a prince of the blood is to directed him to withdraw; where- be introduced, prayers are said before upon the house resolved that the the sovereign's arrival.