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Chapter may he issue a warrant in respect of any seat that has
been vacated by a member against whose election or return
ment (see p. 632). Offices And, subject to the same provision, by the 21 & 22 Vict. Acceptance
of office Crocon, see c. 110, as amended by 26 & 27 Vict. c. 20, the Speaker is during the p. 640.
required, on the receipt of a certificate from two members,"
of any member who, since the adjournment or prorogation,
his seat. If, however, it should appear doubtful whether
By the Lunacy (Vacating of Seats) Act, 1886, if a mem- Lunacy. ber is placed in a lunatic asylum, the duty of sending a certificate of the fact to the Speaker, is laid upon every person on whose order or certificate the member was received, committed, or detained; or any two members may certify to the Speaker that they are credibly informed that the member has been placed in an asylum.
The Speaker, upon the receipt of such certificate, forthwith transmits it to the commissioners in lunacy, who, without delay, will examine the member to whom the certificate relates, and report to the Speaker whether he is of unsound mind. The Speaker, at the expiration of six months from the date of such report, requires the commissioners to re-examine the member in question, and on their report that he is still of unsound mind, the seat of the
1 See the form of the certificate in Appendix V.
member becomes vacant, and the Speaker lays that report Chapter
vision, the issue of a writ could not arise during a recess. Speaker's At the beginning of each Parliament, the Speaker is reappoint.
ent of quired to appoint a certain number of members, not exceedmembers.
ing seven, and not less than three, to execute his duties in
directed to the Clerk of the Crown in Chancery: and for any
Ireland. On the receipt of the Speaker's warrant, the writ
the post-office in pursuance of the provisions of the 53 Geo.
At the end of the session in 1894 two writs were issued
1 24 Geo. III., sess 2, c. 26, s. 5.
* By 37 & 38 Vict. c. 81, the duties of the pursuivant of the great seal in
relation to writs were transferred to the messenger of the great seal.
s Glasgow writ, 1837,92 C. J. 410. 418.
695 ib. 122. 127.
Chapter returning officer held a single election to fill the vacancies.
His action and the validity of the returns made by him were
If any error should appear in the return to a writ, such as Error in
information; and the Clerk of the Crown is ordered to attend Return and amend the return. On the 18th August, 1854, the Mayor Return
d, of Barnstaple annexed to the writ, which he returned to the amer trials, &c., Clerk of the Crown, a certificate instead of an indenture; and see p. 658.
on being made aware of his error, he forwarded, on the 25th
1 149 C. J. 401 ; 150 ib. 61; 30 Parl. Deb. 4 s. 54; Report of Select Committee on Leicester writs, Parl. Paper No. 247 (sess. 1895), p. vii. On the 27th June, 1899, one writ was moved to fill the double vacancy in the representation of Oldham, 154 C. J. 291.
Newport (Hants), 1831, Mr. Hope Vere, 86 ib. 578; Kirkcaldy return, 1875, Sir George Campbell, 130 ib. 165: Perth county return, 1878, Colonel Moray, 133 ib. 53;
Poole, 139 ib. 175; Mid Antrim, 141 ib. 8; Longford, 142 ib. 54; Birmingham, 144 ib. 149; Kirkcaldy, 147 ib. 104; Monagham (north and south divisions), 150 C. J. 348.
3 Carlow county, 1841, “Novem. ber” being inserted instead of “ December," 96 ib. 3.
Northampton county, 26th Feb. 1846, 101 ib. 207; Worcester county (eastern division), 25th Feb. 1859, 152 H. D. 3 s. 855.
return is made,
for Barnstaple were called to the table, and took the Chapter
oath.1 When no If no return be made to a writ in due course, the Clerk of Certificate
the Crown is ordered to attend and explain the omission; seep169.
169, n. 5. Offices By the 25th sec. of the Act 6 Anne, c. 41, if any member Offices under the
in without Crown;
“shall accept of any office of profit from the Crown, during salary, aces; such time as he shall continue a member, his election shall be p. 650. holders capable of and is hereby declared to be void, and a new writ shall issue Disqualifire-election.
s cation of for a new election, as if such person, so accepting, was more naturally dead; provided, nevertheless, that such person new offices,
see p. 30. shall be capable of being again elected.”By virtue of this provision, whenever a member accepts an office of profit from the Crown, a new writ is ordered ; and it is the usual practice to move the new writ when the member has kissed hands, instead of waiting for the completion of the formal appointment. On the 18th April, 1864, a writ being moved for Merthyr Tydvil, in the room of Mr. Bruce, who had accepted the office of vice-president of the committee of council for education, it was objected that not Se also
when seats having been sworn a privy councillor, he was not qualified not vaerted, to hold the office : but it was conclusively shown by the P. 65. attorney-general that his seat had been vacated by the acceptance of office, and that the writ ought to be issued, as in the case of Mr. Lowe, who had accepted the same office, and of Mr. Hutt, who had accepted the office of
1 110 C. J. 4. 7, Sess. Paper, 185455 (2).
2 Waterford writ, 1806,61 C. J. 169. 175; 6 H. D. 536. 562. 751 ; Great Grimsby, 1831, 86 0. J. 758. 762, &c.; 6 H. D. 3 s. 95. 159. 294. 460.
• It is pointed out, in Rogers on Elections, part ii. 17th ed. (revised 1900), pp. 10. 44. that, although sec. 25 applies in terms to offices gene. rally, old as well as new, its effect
must of necessity be limited to old offices, as otherwise it would act as a partial repeal of sec. 24, by enabling holders of new offices within that section to be re-elected, who are by that section rendered incapable of being elected, and of sitting in the house; and the effect of the words in the definition of the offices, “from the Crown” and “under the Crown," is also explained.
Chapter vice-president of the board of trade, before they had been
sworn of the privy council.
den of the
Upon the union of Great Britain and Ireland, in 1801, by Disqualifi41 Geo. III. c. 52, s. 1, disqualifications before applicable formu to the British Parliament are extended to members sitting me in the United Parliament for places in Great Britain ; by sec. 2, disqualifications applicable to the Irish Parliament were similarly extended to members sitting in the United Parliament for places in Ireland ; and by sec. 9, it is declared that offices accepted immediately or directly from the Crown of the United Kingdom, or by the appointment and nomination, or by any other appointment subject to the approbation of the Lord-Lieutenant of Ireland, shall vacate seats in Parliament.
Another class of offices the acceptance of which vacates a Colonial seat is that of colonial governors or deputy-governors, who, and office by the Act of Anne, c. 41, S. 24, are incapable of being elected, or of sitting and voting; and cannot, therefore, be re-elected.4 In 1878, a new writ was moved for the county
1 174 H. D. 3 s. 1196. 1287.
? 116 C. J. 126; 1891, Mr. W. H. Smith, 146 ib. 269; 353 H. D. 3 s. 340.
3 Rogers on Elections, part ii. 17th ed. (revised 1900), pp. 19 n.°,
Sir A. Leith Hay, Governor of Bermuda, 1838 ; Sir J. R. Carnac, Lieutenant-governor of Bombay, and Mr. Poulett Thomson, Governorgeneral of Canada, 1839; Sir H.