Vid. p.25.

by the Lord Chancellor in pursuance of an order made by the king in council at the same time, that the order is made directing the Great Seal to be affixed to a proclamation dissolving the old and convening a new Parliament. On vacancies during the sitting or recess of Parliament Form of writ, they issue by authority of the House. They are made out by the clerk of p. 25. the crown, and are directed to sheriffs of counties, and of cities and towns being counties of themselves, the chancellor of the duchy of Lancaster, the chamberlain of the county palatine of Chester, his lieutenant or deputy, 34 & 35 H. VIII. c. 13; the lord bishop of the county palatine of Durham, or his temporal chancellor, 25 C. II. c. 9; the constable of the castle of Dover and the lord warden of the cinque ports, or his deputy.

53 G.3. c.89. s. 1. Transmission

of writs.

s. 2.

S. 3.

The messenger of Great Seal shall carry writs to the sheriffs of London and Middlesex, and all other writs to the postmaster-general in London, or his deputy for this purpose appointed, who shall give a receipt for such writs to the messenger, expressing the time of such delivery, and shall keep a duplicate of such acknowledgement, signed by the parties respectively, and shall forward the writs by the next post free of expense, under cover to the proper officer with directions to the postmaster of the nearest town, requiring him to deliver such writs to such officer or his deputy, who shall give to such postmaster a memorandum acknowledging the receipt of such writ, and stating the day and hour the same was delivered, which memorandum shall be signed by such postmaster and transmitted to the postmaster in London, who shall enter the same in a book, and keep such memorandum with the duplicate acknowledgement to the intent that the same may be produced to all persons interested in such elections.

The persons to whom the writs are directed shall give notice to the postmaster-general where they hold their offices.

Where any such person shall hold his office within five miles of London, Westminster, or Southwark, such notice shall be sent to the messenger of the Great Seal, who is to carry such writs to such office.

These sections relate to the fees and salary to be re- 53 G. 3. c. 89. ceived by the messenger of the Great Seal.

Every person who shall wilfully neglect or delay to deliver, or transmit any such writ, or accept any fee, or do anything in violation of that act, shall be guilty of a misdemeanor, and may, upon conviction upon indictment, or information in the king's bench, be fined and imprisoned.

ss. 4, 5.

s. 6.

Every officer upon receipt of the writ shall indorse 7 & 8 W.3. thereon the day he received the same, and (except in the

On receipt of cinque ports) within three days after receipt thereof, de- writ. liver a precept for the election to the proper officer of Form of preevery place within his jurisdiction, for which any member cept, p.27. is to be elected to serve in such Parliament.

The 23 H. VI. c. 14. s. 1. directed the sheriff to deliver a precept under seal to the mayor, or bailiffs where no mayor is, of the cities and boroughs within his county, reciting the writ, and commanding them to choose citizens of cities, and burgesses of boroughs, to come to Parliament.

c. 7. s. 2.

Officers of the cinque ports shall be allowed six days 10 & 11 W. 3. from the receipt of the writ for the delivery of the Cinque ports. precept.

c. 25. s. 2.

No sheriff, under sheriff, mayor, bailiff, constable, 7 & 8 W. 3. portreeve, or other officer, shall give, pay, receive, or take any fee or gratuity whatsoever for the making out receipt, delivery, return, or execution of any writ or precept.

No annual officer who is to make return of members 9 A. c. 20. s.8. shall be capable of being elected for the year immediately ensuing, and such annual officer obstructing the choosing of a successor shall forfeit 100%.; one moiety to the king, and the other to the person suing for it.

But this act extends only to corporate offices, and therefore it was decided that the portreeve of Penryn as the returning officer was not included within its meaning. 9 East, 469.

3G.1. c. 15. s. 8.

Where any high sheriff of any county dies before the Sheriff dying, end of the year, or he be lawfully superseded, his under deputy to sup- or deputy sheriff shall supply his place until another ply his place. sheriff be appointed and sworn, and by s. 11. it appears that the high sheriff may appoint an under or deputy sheriff, and in case of the death of the high sheriff, the under sheriff may appoint a deputy.

s. 11.

H.C. 49.

33 G. 3. c.64. Notice of the

time and place of election.

25 G.3. c.84. s. 4.

Knights of shires. Proclamation

Where there is no known or special returning officer, the delivery of the precept to any elector is good, and where the electors are many, and all in an equal degree, any one may act as returning officer.-Glanv. 37, 38.

If a change of such officer takes place in consequence of death, or determination of the period of office during the election proceedings, his successor shall complete what remains to be done. 1 Doug. 138 Milborne Port.

But where no new officer is elected before the return of the writ, it seems that the writ must be superseded, and a new one ordered and directed to the new sheriff.

Notice of the time and place of election shall be given at the usual place or places between 8 A. M. and 4 P. M. from the 25th October to the 25th March, and between 8 A. M. and 6 P. M. from the 25th March to the 25th October; and no notice shall be valid which shall not be published within the time aforesaid.

It seems that this notice may be given on a Sunday. 3 Lud. 30.

In elections for knights of a shire, the sheriff shall, within two days after receipt of the writ, cause proclamation to be made of a special county court for the election, on any day (Sunday excepted) not later from the day of Form, p.27. making such proclamation than the 16th, nor sooner than the 10th.

for election.

7 & 8 W.3.

c. 25. s. 9. York.

Com. Dig. 5.256.

All county courts for the county of York, or any other county courts theretofore held on a Monday, shall be held on a Wednesday.

From the words "or any other county courts" it might be supposed, that this clause was intended to apply to courts for other counties, but in practise it has not been so considered.

8. 2.

County courts for electing knights of shires, begun on 6 G. 2. c. 23. a day not prohibited by that act, or the 7 & 8 W. III. c. 25., may be adjourned over from day to day, though the same may happen on a Monday, Friday, or Saturday.

The first sect. of this act prevented the adjournment of any county court to those days, but was repealed by 18 G.II. c. 18. s. 11., which however did not repeal this clause. This will explain the cause of the inconsistency in this provision.

8. 7.

In elections for a town and city being a county, the 19 G. 2. c. 28. sheriff shall, upon receipt of the writ, give at least three Cities and days' notice of the time and place of election, which shall towns being counties, protake place within eight days exclusive of the day of the clamation for receipt of the writ, and the day of election.

election, p. 29.

c. 25. s. 1 Towns and

The officer of the town or borough shall upon the back 7 & 8 W. 3. of the precept indorse the day of his receipt thereof, in the presence of the party from whom he received it, and boroughs, proclamation giving at least four days' notice (one inclusive and the for election, other exclusive) proceed to the election within eight days P. 29. after receipt thereof.

3 Lud. 3. et seq. 40 Journ. 653.

There are express provisions as to making the proclamation at Ayles- Vide Aylesbury, Cricklade, and New Shoreham, where the election must be not later than twelve, nor earlier than eight days.

In other places the proclamation should be made within the district.

bury, Cricklade, and New Shoreham.

s. 3.

clamation for

In Wales, the proclamation for the election for the 35 H. 8. c. 11. shire towns shall be made in the cities, boroughs, and Shire towns in towns, which then were or should thereafter be contribu- Wales protary to the payment of the burgesses' wages of the shire election. towns. New Radnor, 1 Doug. 317. Cardigan, 3 Doug. 173. The place of election for knights of shires shall be 7 & 8 W. 3. where the same hast most usually been held for the last forty years.

In a case however in 1770, where the election was held at Pembroke, though Haverford West was the usual place, this objection, though raised, was not deemed valid, and the sitting member was declared duly elected. 3 Lud. 27. 2 Doug. 216. The place however prescribed by the statute

c. 25. s. 3. Knights of shires place of election.

55 G.3. c.72. Glamorganshire.

35 H.8. c. 11.

s. 3.

Wales place of election.

H.B. 164.
Sim. 154.

18 G. 2. c. 18. s. 7.

Knights of shires, pollbooths, clerks.

has been considered so important to the validity of the election, that on account of the prisoners then in Winchester, it was, by 20 G.III. c. 1., enacted that the then next election for the county of Southampton should be held at New Alresford.

The sheriff shall hold his county court for the election for Glamorganshire, and every adjournment thereof at Bridgend in the same county.

The place of election in Wales shall be such as shall be assigned by the head officer of the shire towns, but this must be considered to be repealed in effect by the 7 & 8 W. III. c. 25. s. 3. declaring it shall be where it has been for the last forty years.

There is no provision in any act of Parliament as to the place of election for cities or towns being counties, or boroughs or towns, but it must be within the district, and is generally within the guildhall.

The 7 & 8 W. III. c. 25. s. 3. has been stated by writers on this subject to apply to cities and towns being counties, but though the title of the act is general, this section appears to relate merely to elections for knights of shires; and there does not appear to be any reason for such a provision with respect to cities and towns being counties, as an election must always be in the district for which the members are to be chosen.

At elections for knights of shires, the sheriff, or under sheriff, or such as he shall depute, shall erect such number of booths for taking the poll, at the expense of the candidates, as any of them shall, three days before the commencement of the poll, desire; so as the same do not exceed the number of hundreds in the county, and not exceeding in the whole fifteen. The sheriff shall appoint a clerk at each booth at one guinea per day, at the expense of the candidates; and shall make out a list for each booth, of all parishes in the hundred for which such booth is designed, and deliver a copy thereof to the candidate who shall pay for the same two shillings.