« PreviousContinue »
lot. Though a mistake in the rate of the Christian name vitiates. Being excused, upon one's own application, from paying the rate will not disqualify. But otherwise a refusal to pay on a bona fide and lawful demand.
Of the Qualifications of Candidates. Disability is of DISABILITY to sit in Parliament does not disqualify two kinds.
from being elected. The party, therefore, may be a candidate notwithstanding, and if elected, may, by removing his disability, take his seat. Disabilities, therefore, are of two kivds---. From being chosen at all. 2. From sitting
only. of persons that
l'he following are disabled from being chosen at all are disabled from idiots; lunaticks; persons deaf and dumb; infants ; being chosen at women; aliens; denizens; naturalized persons, unless all,
born of English parents ;; traitors ;8 felons ; popish recusants;lo persons declared by the House of Commons to be incapable of sitting there ;ll a candidate guilty of treating is ineligible at the ensuing election for the particular place ;12 a member, unless he first vacates his seat;18 a returning officer for the place over which he presides ;14 clergymen;45 peers, unless Irish not being lords of parliament;16 judges ;7 governor or deputy governor of the plantations ;18 officers under the police acts ;19 pensioners of the crown, whether during pleasure, or for a time certain;20 persons holding any office or place of profit under the Crown created since October the 5th 1735; or
Dougl. 129. 2 2 Peck. 395. 3 1 Peck. 507. 4 2 Dougl. 396. I Peck. 108. 5 1 Dougl. 143. 6.7 & 8 W.3. c. 25. s. 8. 7 12 & 13 W. 3. c. 2. 8 i Whitl. 461. 4 Inst. 47. 9 1 Whitl. 461. 4 Inst. 47. 10 9 Journ. 384. 489. 11 13 Journ. 251. 17 Journ. 128.
32 Journ. 178. 228, 229, 243. 387.
11 Journ, 632. 12 7 & 8 W. 3. c. 4. s. 2. 2 Peck. 189.
Cliff. 3. 79. 131. 342. 353. 357.
392. 81. 222. 13 Sim. 40. 14 Journ. 2 June, 1685. 15 41 G. 3. c. 63. 16 39 & 40 G. 3. c. 67. art. 4. 17 Journ. 9 Nov. 1605.V. 7 G. 2.c. 56. 18 6 Ann. c. 7. 19 39 & 40G. 3. c. 87.42 G. 3. c. 76. 20 6 Ann, c. 7. s. 25. 1 G. 1. c. 56.
And a member by accepting an office of profit from the Crown, vacates his seat. He may however be re-elected. 6 Ann. c.7. s, 26.
under the chief governor of Ireland created since the 33 G. 3. persons concerned in farming or managing any duties or aids;a public contractors, unless the contract has devolved by descent, limitation, or marriage;' though covenants in the usual indenture between the king and the master of the mint, are not accounted a public contract;4 parties to contracts or commissions from the Irish treasury, or with any other person on account of the public service in Ireland, unless such parties are members of any incorporated trading companies existing at the time of passing the 41 G. 3. in Ireland, consisting of more than ten persons, so far as the contract is entered into in their corporate capacity ;5 clerk of the signet;6 or privy seal; or of the pells in England and Ireland ;8 treasurer of Greenwich Hospital ;' commissioners of the customs or excise; or stamps; or of appeal for controlling or auditing customs, excise, or stamp accounts; or of the imprest accounts ;10 or under the 45 G. 3. c. 91. for examining and auditing the public extraordinary accounts; 11 or under the 46 G. 3. c. 141.;19 or for examining accounts of expenditure in the West Indies ;18 or of the navy or victualling office;14 or of the navy employed in the outports;15 or of transports ;6 or of sick and wounded;17 or for wine licences ;18 or of the revenue in Ireland ;19 a commissioner or subcommissioner of prizes ; a secretary or receiver of prizes;20 clerks or deputies of the high treasurer ;21 or commissioners of the treasury; or lord high admiral; or commissioners of the admiralty ; 22 or auditors or tellers of the exchequer in England and Ireland ;23 or chancellor of the exchequer; or a principal secretary of state; or naval or victualling commissioners
; or naval or military paymasters; or commissioners of stamps; or commissioners of appeals; or commissioners of wine licences; or commissioners of hackney coaches; ör commissioners of hawkers and pedlars; or commissioners of salt;' officers and persons connected with the superintendance of the public buildings now under the charge of the board of works in Ireland ;2 persons having any office civil or military within Minorca, or Gibraltar, other than officers having commissious in any regiment there only;3 comptrollers of army accounts ;*
1 41 G. 3. (U. K.) c. 52. s. 5.
13 46 G. 3. c. 80. s. 18.
15 G. 2. e. 22. 23 41 G. 3. c. 52.
and lastly, agents of regiments.5 Of Persons that The following are disabled from sitting only :-persons are disabled
executing any office or place concerning the farming, from sitting only.
collecting, or managing of the customs ;persons concerned in collecting, managing, or farming the duties of excise, or determining appeals, or auditing the accounts thereof;7 members becoming bankrupt are disqualified from sitting for a twelvemonth, and if, after that time, the commission is not superseded, or their debts paid,
their seats are vacated.8 Occupancy of But that an official situation may disqualify (whether to an office.
sit or be chosen) there must be an occupancy of the Refusal to office.9 Nor is a refusal to become a candidate or to
serve when chosen, a disability; and therefore a person Votes given to elected against his will is bound to serve.10 Votes given an ineligible
to an ineligible candidate are thrown away; from the Candidate.
first, where the ineligibility is notorious; when not, then after notice and proof tendered of the fact;11 and in the latter case, should the votes given to him antecedent to notice be a majority, the election will be declared
void.12 Of persons that With these exceptions, all persons (upon the conditions are not disabled presently mentioned) are eligible. And therefore outfrom being laws in civil suits ;3 prisoners for debt;!4 persons chosen or sitting.
abroad ;'s persons elected before their return;16 petitioners against a return.17 Members, however, returned for more places than one, must make their election.18 So a member accepting an office of profit from the Crown, and thereby vacating his seat, is eligible ;19 a returning officer, unless for the place for which he is to make the
1 15 G. 2. c. 22. 2 57 G. 3. c. 62. 3. 15 G. 2. c. 22. + 6 Ann. c. 7. 5 6 Ann. c. 7. 41 G. 3. U K. c. 52. 6 12 & 13 W. 3. c. 10. 7 11 & 12 W. 3. c. 2. 8 52 G. 3. c. 144, 9 16 Journ. 519.588. 17 Journ. 559. 10 | Dougl. 281. Glanv. 101. 4
11 38 Journ. 15. 245. 415. 689.
37 Journ. 500. 560, 561.
49. Hale's Par. 116.
return;' and a member by being appointed a returning officer does not vacate his seat;2 the attorney and solicitor general; the master of the rolls ; masters in chancery; the eldest sons of Scotch peers, unless for Scotland; naval and military officers; nor do the latter become ineligible by accepting a new or other commission in their services;; the treasurership however of Greenwich Hospital, is not a military or naval commission ;- nor does the acceptance of a commission in the militia incapacitate ;o the commissioners of the treasury are eligible; the secretary of the admiralty; or of the treasury; or of the chancellor of the exchequer;& the undersecretary of a principal secretary of state ;9 the treasurer or comptroller of the navy;'° the deputy paymaster of the army ;" the vicepresident of the board of trade;12 the commissioners of woods and forests, under the 50 G. 3. c. 65. ;18 or for the redemption or sale of the land-tax;14 or under the 42 G.3. c. 89. relative to the ordnance at Woolwich ;15 the governors, directors, or proprietors of the Bank of England ;16 menibers and other officers of the London Flour Company ;'7 persons having or holding any office or employment for life, or for so long as he shall behave himself well in office ;18 the husband of a pensioner. 19 And a candidate may become such at any time before the election closes. 20 if, however, no opposition is made to the proposed candidates within a reasonable time, the officer must return them.21 And after a reasonable time elapsed without any electors coming forward, the officer may treat the demand of a poll as a nullity, and return forthwith.2
A candidate for the county at large must be of a cer- Qualifications tain degree; and, excepting the eldest sons of peers (in- for counties at cluding those of Scotland) and of persons qualified to be large. knights of the shire, and excepting likewise candidates for the two Universities, and for Scotland, must be the
} 1 Dougl. 446. 4 Dougl. 143. 1 1 Journ. 920. 9 6 Ann. c. 7. s. 28. 4 Male 49. in notis. 5 42 G. 3. c. 90, s. 172. 6 41 G. 3. U. K.
c. 52. 7 15 G. 2. c. 22. % 15 G. 2.c. 22. 41 G.3 U. K. c. 52. 9 15 G. 2. c. 22. 10 15 G. 2. c. 22. Il 15 G. 2. c. 22." 12 57 G. 3. e. 66.
oath at one's
Degree. proprietor of a certain estate. In degree, he must be
superior to a yeoman, and strictly should be a knight, or notable esquire or gentleman capable of being made a knight. His landed estate must be of the clear yearly value of six hundred pounds; held for his own life at least, either in law or equity; and if a mortgage, the mortgagee must have been seven years in possession. But where situated, and whether in England, Scotland, or Ireland, is altogether immaterial. As it likewise is, whether ob
tained before or during the election.* Qualifications The landed qualification of a candidate for any other for other places; place but the county at large, differs in nothing from that
just described, excepting in point of value. Instead of
six, it need only be three hundred pounds a year.5. Or for the two And it seems that the Universities are not restricted in Universities,
their choice to persons composing their own body. Qualification A candidate, if required by another candidate or two
electors at the election or before the day fixed by the writ election.
of summons for the meeting of parliament, must swear to his qualification, and the oath be returned into Chancery or the King's Bench. His wilful refusal avoids his election. And subsequent votes (which however cannot be refused) with notice, are thrown away.' A refusal at any time during the election will disqualify. But it seems, that leaving the poll, on being required to take the oath, to consult whether the supposed qualification is sufficient, is not a wilful refusal.10 Notwithstanding the oath, the qualification may be afterwards inquired
into. 11 Qualification So, likewise, a member before he sits at a debate or oath and docu- votes, must swear to his qualification and give the partaking one's ticulars in writing ; otherwise his election will be declared
void. 12 And upon his election being petitioned against, he must, within fifteen days after and at the same risk, give in a rental to the clerk of the House of Commons.13 As must also the petitioner himself, if the sitting member questions his qualification.14 A statement in the petition, that the sitting member was a bankrupt and had no
1 23 H. 6. e. 15.
7 9 Ann. c. 5 8 9 Ann. c. 5. 9 H. C. 368. 10 Male 60. 11 2 Dougl. 349. 12 33 G. 2. c. 20. 13 33 G. 2. c. 20. 14 21 Nov. 1717.