A

SUMMARY TREATISE

ON THE

PRACTICE AND PROCEEDINGS

IN PARLIAMENT;

THE

PASSING OF PUBLIC AND PRIVATE BILLS;

AND THE

LAW OF ELECTIONS.

BY ANTHONY HAMMOND, Esq.

Of the Inner Temple.

LONDON:

JOSEPH BUTTERWORTH AND SON, LAW BOOKSELLERS,

43, FLEET-STREET.

1825.

ANALYTICAL TABLE.

CHAP. I.

THE LAW OF ELECTIONS.

SECTION I.

Of the Writ of Summons and Precept thereon.

THE places for, and occasions on which, members are returned to

Parliament, distinguished from each other, page 1

Issuing of the writ upon the calling of a new Parliament, 1

Issuing of the writ upon a vacancy in an existing Parliament, 1

Direction of the writ, 2

Mode of transmitting the writ, 2

Precept thereon, 3

Direction of the precept, 3

Delivery of the precept, 3

Of the returning officer, 3

Election by another than the proper returning officer, 4

Of vacancy in the office of the returning officer, 4

SECTION II.

Of the Time, Place, and Preparations, for Election.

Time and place of election in counties at large, 4

In places that are counties of themselves, 5

And in places that are not counties of themselves, 5

Notice of Election, 5

Erection of booths in elections for counties at large, 6

For places that are counties of themselves, 6

For places that are not counties of themselves, 6

Booths for administering the oaths, 7

The term candidate defined, 7

Removal of the military, 7

Interference of certain persons at elections prohibited, 7

SECTION III.

Of the Qualifications of Electors.

Of persons that are disabled from voting, 8

Of persons that are not disabled from voting, 9

Qualifications of electors for counties at large, and places that

are counties of themselves, 10

A freehold estate, 10

Of a certain value, 11

In London, 11

In possession, 11

Bona fide, 11

And assessed to the land-tax, 11

Of voting, in respect of an annuity or rent charge, 13

Qualifications of electors for places that are not counties of

themselves, 13

SECTION IV.

Of the Qualifications of Candidates.

Disability is of two kinds, 14

Of persons that are disabled from being chosen at all, 14

Of persons that are disabled from sitting only, 16

Occupancy of an office, 16

Refusal to serve, 16

Votes given to an ineligible candidate, 16

Of persons that are not disabled from being chosen or sitting, 16

Qualifications of candidates for counties at large, 17

Degree, 18

Estate, 18

Qualifications of candidates for other places, 18

Or for the two universities, 18

Qualification oath at one's election, 18

Qualification oath and document before taking one's seat, 18

SECTION V.

Of the Election and subsequent Proceedings.

Of opening the election, 19

Demand and duration of an election by the poll, 20

Assistants, &c. to the returning officer, 20

Oaths to be taken by electors, 21

Of tendering one's vote, 22

Describing one's self, 22

The situation of one's property, and its species, 22

And the occupier, 22

Of receiving votes with a query, 23

Poll taken in writing, 23

Prisoners vote at Norwich, 23

Misbehaviour of returning officer, 23

Error in poll-book, 23

Casting vote on an equality, 23

Of closing the poll, 23

Of a scrutiny 24

In London, 24

Of granting a copy of the poll, and delivering over the poll-

books, 24

Of the return, 25

Election when void, in whole or in part, 25

SECTION VI.

Of Petitions in Cases of Controverted Elections.

Petition by whom signed, 26

Time fixed, and notice given, of taking it into consideration, 26

Time for taking it into consideration, 26

Where sitting member vacates his seat or declines defending, 27

Recognizance by petitioners for their appearance, 27

Recognizance by the petitioners for costs and expenses, 28

Lists of objectionable votes to be delivered, 28

Preparations for the ballot for the select committee, 28

Meeting of the House, and proceedings previous to reading the

order of the day, 29

Ballot, 30

Nominees, 30

Adjournment of the order of the House, 30

Mode of appointing the select committee, 31

In the case of a single petition, 31

Proceedings where no opponent appears, 32

Mode of appointing the select committee where there are

several petitions, 32

In case of one or more petitions, from no return having

been made, or from its being special, 33

Proceedings where more petitions than one are considered

the same day, 33