& 13 W. III. c. 10. 6
Ann. c. 7. 9 Ann. c. 5. 1 Geo. I. c. 56. 15 Geo. II. c. 22. 33 Geo.
II. c. 20.]
[Footnote c: 4 Inst. 47.]
[Footnote d: Hale of parl. 114.]
[Footnote e: 4 Inst. 48.]
[Footnote f: Pryn. on 4 Inst. 13.]
[Footnote g: Walsingh. _A.D._ 1405.]
[Footnote h: 4 Inst. 48.]
3. THE third point regarding elections, is the method of proceeding
therein. This is also regulated by the law of parliament, and the
several statutes referred to in the margin[i]; all which I shall
endeavour to blend together, and extract out of them a summary account
of the method of proceeding to elections.
[Footnote i: 7 Hen. IV. c. 15. 8 Hen. VI. c. 7. 23 Hen. VI. c. 15. 1
W. & M. st. 1. c. 2. 2 W. & M. st. 1. c. 7. 5 & 6 W. & M. c. 20. 7 W.
III. c. 4. 7 & 8 W. III. c. 7. and c. 25. 10 & 11 W. III. c. 7. 12 &
13 W. III. c. 10. 6 Ann. c. 23. 9 Ann. c. 5. 10 Ann. c. 19. and c. 23.
2 Geo. II. c. 24. 8 Geo. II. c. 30. 18 Geo. II. c. 18. 19 Geo. II. c.
28.]
AS soon as the parliament is summoned, the lord chancellor, (or if a
vacancy happens during parliament, the speaker, by order of the house)
sends his warrant to the clerk of the crown in chancery; who thereupon
issues out writs to the sheriff of every county, for the election of
all the members to serve for that county, and every city and borough
therein. Within three days after the receipt of this writ, the sheriff
is to send his precept, under his seal, to the proper returning
officers of the cities and boroughs, commanding them to elect their
members; and the said returning officers are to proceed to election
within eight days from the receipt of the precept, giving four days
notice of the same; and to return the persons chosen, together with
the precept, to the sheriff.
BUT elections of knights of the shire must be proceeded to by the
sheriffs themselves in person, at the next county court that shall
happen after the delivery of the writ. The county court is a court
held every month or oftener by the sheriff, intended to try little
causes not exceeding the value of forty shillings, in what part of the
county he pleases to appoint for that purpose: but for the election of
knights of the shire, it must be held at the most usual place. If the
county court falls upon the day of delivering the writ, or within six
days after, the sheriff may adjourn the court and election to some
other convenient time, not longer than sixteen days, nor shorter than
ten; but he cann
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