issued while re be ques tioned. Issue of writs when election XXIII warrants Mr. Speaker is ordered by the house to issue his Chapter warrant to the Clerk of the Crown for a new writ for the place represented by the member whose seat is thus Writs not vacated. But where a vacancy has occurred prior to, Issus of or immediately after, the first meeting of a new Parlia- by Mr. turns may ment, the writ will not be issued until after the time Speaker, see p. 636. limited for presenting election petitions.1 Nor will a writ be issued, if the seat which has been vacated be claimed on See Chiltern Hundreds, behalf of another candidate. In December, 1852, several &c., p. 643. members accepted office under the Crown, against whose return election petitions were pending. After much consideration, it was agreed that where a void election only was petitions alleged, a new writ should be issued; and again, in 1859, and in 1880, the same rule was adopted. But where the seat is claimed, it has been ruled that the writ should be withheld until after the trial of that claim, or until the petition has been withdrawn. In 1859, Viscount Bury accepted office under the Crown, while a petition against his return for Norwich, on the ground of bribery, was pending; and, as his seat was not claimed, a new writ was issued. Being again returned, another petition was presented against his second election, and claiming the seat for another candidate. The petition against the first election came on for trial, and the committee reported that the sitting members, are pend ing. By the Election Petitions Act, 1868, sec. 6, the petition is to be presented within twenty-one days after the return has been made to the Clerk of the Crown in chancery. By sec. 49, in reckoning time for the purposes of this Act, Sunday, Christmas-day, and any day set apart for a public fast or thanksgiving, shall be excluded; and it has been held that Sundays are excluded from the computation of twenty-one days. Pease v. Norwood, 4 L. R., C. P. 235; Southampton case, 11th Jan. 1869. On the change of ministry, before the meeting of Paliament in Dec. 1868, writs were issued for several of the new ministers on the 15th; but for those who had been returned for counties 2 Southampton and Carlow writs, 3 Sandwich and Norwich writs, 22nd June, 1859, 154 H. D. 3 s. 450, 454; Chester writ, 3rd May, 1880, 135 C. J. 125. * Athlone Election, 1859. Louth Election (Mr. Chichester XXIII. Chapter Lord Bury and Mr. Schneider, had been guilty, by their agents, of bribery at that election. By virtue of that report, Lord Bury, under the Corrupt Practices Prevention Act, became incapable of sitting or voting in Parliament, or, in other words, ceased to be a member of the house : but as a petition against his second return, and claiming the seat, was then pending, a new writ was not issued.1 This position of affairs illustrated the propriety of issuing the writ, in the first case, on the acceptance of office by Lord Bury, as the rights of all parties were nevertheless secured. On the meeting of a new Parliament, in November, 1852, the seat of a deceased member was claimed: but the petition was withdrawn the day after the expiration of the time limited for receiving election petitions, and the writ was immediately issued. The claim of one seat for a constituency which returns two members does not interfere with the issue of a writ, on a vacancy occurring in the other seat.8 descent. If a member becomes a peer by descent, a writ is usually Vacancy by moved soon after the death of his ancestor is known; 4 peerage. though, occasionally, some delay occurs in obtaining the writ Peer by of summons, which ought strictly to precede the issue of the writ,--that proceeding being founded upon the alleged fact that the member has been called up to the House of Peers.5 On the 15th February, 1809, the house being informed that no writ of summons had been issued to General Bertie, 2nd Aug. 1859, 155 H. D. 3 s. 865. Lichfield writ (Sir G. Anson), If a member on succeeding to a peerage delays to apply for a writ of summons the House of Commons will, if it thinks fit, inquire into his succession to the peerage and, on this being established, will order a new writ to be issued for the constituency of the member who has succeeded to the peerage. Case of the Earl of Selborne, 13th May, 5 74 H. D. 3 s. 108 (Lord Peer by creation. Precedence of motion for new writ. 66 1 XXIII. supersedeas calling him to the House of Peers, as Earl of Lindsey, Chapter 3 A new writ is moved as a matter of privilege, without Motion 1 64 C. J. 49. 2 66 ib. 31; 18 H. D. 1 s. 807; Lord Colchester's Diary, ii. 306, 340. 395 C. J. 105; 52 H. D. 3 s. 435. When the lord chancellor is assured of a person's succession to a peerage by proofs of the late peer's burial and of the new peer's descent, &c., a writ of summons is issued. Evidence before Select Committee on House of Commons (Vacating of Seats), Parl. Paper No. 278 (sess. 1894), pp. 18, 19. • 116 C. J. 4. Sir H. Vivian, 13 Parl. Deb. 4 made without notice, s. 332. 540. In the case of Lord see p. 245. As to the grant of the Chiltern see p. 272. 2 Chapter notice; though, by a resolution, 5th April, 1848, "in all 5 deas to writs. If doubts should arise concerning the fact of the vacancy, Superse the order for a new writ should be deferred until the house may be in possession of more certain information; and if, after the issue of a writ, it should be discovered that the house had acted upon false intelligence, the Speaker will be ordered to issue a warrant for a supersedeas to the writ. Thus on the 29th April, 1765, a new writ was ordered for Devizes, in the room of Mr. Willey, deceased. On the 30th it was doubted whether he was dead, and the messenger of the great seal was ordered to forbear delivering the writ until further directions. Mr. Willey proved to be alive, and on the 6th May a supersedeas to the writ was ordered to be made out. And in several more recent cases, when the house has been misinformed, or a writ has been issued 1 For instances of new writs moved after the interruption of business, see 151 C. J. 133; 157 ib. 74; 160 ib. 300. A new writ has also been moved as a matter of privilege at the conclusion of government business, although an order was in force directing the Speaker to adjourn the house without question put at the conclusion of government business each day, 36 Parl. Deb. 4 s. 766-8; 150 C. J. 230. 389. amendment to a motion for a new writ postponing the date of its issue has been ruled out of order, 36 Parl. Deb. 4 s. 768. An Vacancies during the recess. XXIII. through inadvertence, the error has been corrected by order- Chapter When vacancies occur by death, by elevation to the peerage, or by the acceptance of office, the law provides for the issue of writs during a recess, by prorogation or adjournment, without the immediate authority of the house, in order that a representative may be chosen without loss of time, by the place which is deprived of its member. Speaker By the 24 Geo. III. sess. 2, c. 26, as amended by 26 & 27 warrants. Vict. c. 20, on the receipt of a certificate, under the hands issues 8 of two members, that any member has died, or that a writ But the Speaker may not issue his warrant during the 164 C. J. 48; 81 ib. 223; 86 ib. 134. 182; 106 ib. 12 (Dungarvan writ). 2 253 H. D. 3 s. 1918. See the form of the certificate in Appendix V. No writ of summons being directed to a Scotch or Irish peer, this Act does not extend to such cases; Marquess of Tweeddale, Jan. 1879. In the calculation of the six days, the day on which the notice appeared in the Gazette, and any intervening Sunday, are reckoned; i.e. upon notice in a Tuesday's Gazette, the writ is issued on the following Monday. 5 That is to say, the six days' provision (see note 4) must have been complied with. |