Page images
PDF
EPUB

confess a judgment. (a) · Also the recognizance entered into by the petitioners for the payment of the costs, &c. may be certified by the Speaker's warrant into the Court of Exchequer, as if it were estreated. (b) Where the costs have been recovered against either of the parties, he or they may recover a proportion against others who are liable. )

2. Of their Determination upon the Right of Election, 8c.

nation.

When the Committee report to the House their final Last determidetermination upon the merits of any petition, they are also to report their determination upon the right of Election, (d) for the particular place to which the petition relates, or the right of chusing the returning officer, if the merits of the petition wholly or in part depend upon either of those rights; and for this purpose they are to require written statements of such rights from the respective parties. Their determination then being entered on the Journals, is conclusive as to those rights upon any future petition, unless appealed against within a year, by petition to the House. (e)

But this determination may be questioned within the year, not only by a petition of appeal, as mentioned in the statute, but on a petition complaining of an undue Election or return. (1)

Committees therefore cannot receive evidence to contradict a last determination upon the right of Election, or of chusing a returning officer; but where such determination is expressed in doubtful terms, so as to admit of different constructions, evidence is admissible to explain it.

53 G. 3, c. 71, s. 13. 6) Ibid. S. 12. See also for the recovery of costs, 28 G. 3, c. 52, S. 23.

28 G. 3, c. 52, s. 24. (d) By 7 8 W. 3, c. 7, s. 1, return. ing officers are prohibited from making false returns, that is, such as are contrary to the last deter“mination of the House of Com“mons upon the right of Election." By 2 G. 2, c. 24, s. 4, the last determination upon the legality of votes by the House was made final, but the statute did not extend to maiden bo

roughs where no determination upon
the right had been previously made.
Vide a note (B) in 4 Doug. 78. By
an order of the House, Jan. 1735-6.
the counsel at the bar, or before the
Committee of Privileges, are re-
strained from offering evidence,
touching the legality of votes, &c.
contrary to the last determination in
the House, and the order refers to
the statute, 2 G. 2, c. 24. 1 Doug. 99.
22 Jour. 498.

( 28 G. 3, c. 52, ss. 25, 6, 7.
(1) Malmsbury, 2 Peck, 400.

L

Last determination

This evidence may consist of subsequent resolutions of the House, explanatory of that which is contended to be the last determination upon the right; or in other words they may be read together as forming one last determination ; thus in the Seaford case, a resolution of 1761 was read to explain the meaning of the word “ populacy,” in a previous resolution of 1670. (a) So a resolution in 1701, that the right of election in Fowey “is in the Prince's “ tenants, who are capable of being portreeves of the said borough, and in such inhabitants of the said “ borough only as pay scot and lot,” was explained by a supplemental resolution of 1770, that the Prince's tenants “ who are capable of being portreeves of the said borough, " are such tenants only as have been duly admitted upon “ the court rolls of the manor, and have done them fealty.(6)

Or the evidence may consist of other matters, as returns to Parliament, entries in corporation books and papers, charters of the borough, the testimony of old persons natives of the place, usage, &c. (C) But it was decided in a late case, that the usage must not be subsequent to the determination it is meant to explain. (d)

[ocr errors]

Seaford. 3 Doug. 21, 3 Lud. 39. 6) Fowey, 1 Peck, 515. See also Haslemere, 2 Doug. 321.

() Preston, 3 Lud. 226. Bedford,

2 Doug. 09. New Radnor, 1 Doug.
317 Dorchester, 1 Doug. 349,
Evesham, Corb. Dan. 46.

(d) Evesham, Corb. Dan. 50.

!

APPENDIX.

I. Writs. PRECEPT. NOTICE OF ELECTION.
II. Petitions.
III. STATUTES.

[1.] The Writ to the Sheriff, on a General Election. GEORGE the Third, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and so forth.–To the Sheriff of the county of Oxford, greeting. Whereas, by the advice and assent of our Council, for certain arduous and urgent affairs concerning us, the state and defence of our kingdom of Great Britain and the Church, We have ordered a certain Parliament to be holden at our city of Westminster, on the twenty-ninth day of November next ensuing, and there to treat and have conference with the prelates, great men, and peers of our realm, we command and strictly enjoin you, that (proclamation being made of the day and place aforesaid, in your next county-court to be holden after the receipt of this our writ) two knights of the most fit and discreet of the said county, girt with swords, and of the university of Oxford two burgesses, and of every city of that county two citizens, and of every borough in the same county two burgesses, of the most sufficient and discreet, freely and indifferently by those who at such proclamation shall be present according to the form of the statutes in that case made and provided, you cause to be elected ; and the names of those knights, citizens, and burgesses, so to be elected (whether they be present or absent,) you cause to be inserted in certain indentures to be thereupon made between you and those who shall be present at such election, and then at the day and place aforesaid you cause to come, in such manner that the said knights for themselves and the commonalty of the same county, and the said citizens and burgesses for themselves and the commonalty of the said universities, cities, and boroughs respectively, may have from them full and sufficient power to do and consent to those things which then and there, by the common council of our said kingdom (by the blessing of God) shall happen to be ordained upon the aforesaid affairs, so that for want of such power, or through an improvident election of the said knights, citizens, or burgesses, the afore. said affairs may in no wise remain unfinished ; willing, nevertheless, that neither you nor any other sheriff of this

our said kingdom be in any wise elected ; and that the Elec. tion in your full county so made distinctly and openly, under your seal and the seals of those who shall be present at such Election, you do certify to us in our Chancery, at the day and place aforesaid without delay, remitting to us one part of the aforesaid indentures annexed to these presents, together with this writ. Witness ourself at Westminster, the first day of October, in the fourteenth year of our reign.

[ocr errors][merged small][merged small]

The execution of this writ appears in certain schedules hereunto annexed.

A. B. Sheriff.

Writ for new Election of one Citizen for the City of

Westminster.

GEORGE the Third, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c.—To our sheriff of the county of Middlesex, greeting. Whereas, Sir P. W. Knight of the most honourable Order of the Bath, was lately chosen one of the citizens for the city of Westminster, in your county, for our present Parliament, summoned to be holden at our city of Westminster, the

day of

in the year of our reign, and from thence by our several writs prorogued to and until the

day of

in the same year, on which day our said Parliament was begun and held, and from thence by several adjournments and prorogations was adjourned and prorogued unto

the

day of and there now holden : And whereas the said Sir P. W. being so chosen a citizen for the said city as aforesaid, is since dead, as, by a letter of our right trusty and well, beloved counsellor, Sir

Speaker of our Lower House of Parliament, more fully and plainly appears; by means whereof our subjects of the said city are deprived of one citizen to treat for the benefit of the same city in our said Parliament: nevertheless, we being unwilling that the commonalty of our kingdom in our said Parliament assembled, to treat of business concerning us, the state and defence of our kingdom and the church, from the aforesaid cause should be diminished or lessened, whereby those affairs may not have a due end, we command you, that, in the place of Sir P. W. within the city aforesaid, one other fit and discreet citizen of the aforesaid city, (proclamation being first made of the premises, and of the day and place), freely and indifferently, by those

[ocr errors]

who shall be present at the proclamation, according to the form of the statute in that case made and provided, you cause to be elected ; and the name of such citizen (whether, at the said Election, he shall be present or absent,) to be inserted in certain indentures to be thereupon made between you and them, who shall be present at such Election, and to cause him to come to the said Parlia. ment; so that the same citizen, so to be elected, may have full power and sufficient authority, for himself, and the commonalty of the aforesaid city, to do and consent to those things which in our Parliament aforesaid, by the common council of our realm, (by the blessing of God,) shall happen to be ordained upon the aforesaid affairs : willing, nevertheless, that neither you, nor any other sheriff in this our kingdom in any wise be elected ; and the Election so made, distinctly and openly, under your seal, and the seals of them who shall be present at such Election, certify unto us in our Chancery forthwith, remitting to us one part of the aforesaid indentures annéxed to these presents, together with this writ. Witness ourself at Westminster, the

day of

in the year of our reign.

Yorke and Yorke.

Wrote upon the label to the said writ as following, viz.

To the sheriff of the county of Middlesex.-A writ for a new election of one citizen for the city of Westminster.

Yorke and Yorke.

The execution of this writ appears in certain schedules hereunto annexed.

R, S. Esq. & S. L. Esq. Sheriff.

Precept from the Sheriff of Middlesex to the Bailiff of

Westminster, for the Election of one Citizen for the

said City

Middlesex.-Sir C. A. knight, and Sir R. G. knight, sheriff of the said county, to the bailiff of the liberty of the dean and chapter of the collegiate church of St. Peter at Westminster, in the said county, greeting. Know, that I have received a certain writ of our lord the king, to me directed, the tenor whereof followeth, (here follows the writ verbatim ;) and because the execution of the said writ belongs to you, therefore, by virtue of the said writ, I require you, that you forthwith cause a citizen to be elected for the said city, in the place of the said P. W.

« PreviousContinue »