§ SIR W. HARCOURTI wish to ask a question affecting the position of a Member of this House. An election took place on Friday last for the borough of Kennington, when a Member was returned to this House, and the poll was declared on Friday night. Under the Parliamentary and Municipal Elections Act, 1872, the duty of the Returning Officer is forthwith to declare as the Member elected the candidate to whom the majority of votes has been given, and to return his name to the Clerk of the Crown in Chancery. Now, inquiries have been made by the Member returned of the Clerk of the Crown in Chancery, in order that he might obtain the writ and take his seat as being returned by the constituency of Kennington, but it appears the Clerk of the Crown has received no return from the Returning Officer, the consequence of which is that the Member re-turned is unable to take his seat or to discharge his duties in this House. I would ask you under these circumstances 53 what steps ought to be taken in order that the Member for Kennington may enter this House?
§ *MR. SPEAKERI did not know that the right hon. Gentleman was going to ask me the question, but I recollect that a case occurred in 1848, when the question arose as to whether the absence of the writ would invalidate the hon. Member's being a Member of the House. The Committee decided that it would not affect the election nor invalidate his being regarded as a Member of the House, but the Committee added—I speak from recollection—that they were strongly of opinion that the practice of obtaining the writ should hold in the future before an hon. Member could take his seat. Why the writ has not been returned in this case has not come to my knowledge, and I have only heard of it within the last five minutes. Until the writ arrives, it will not be competent for the hon. Member to take his seat, the practice being for an hon. Member to bring the writ with him from the Clerk of the Crown. I may say that I will call on the Clerk of the Crown to explain any irregularity that has taken place, and ask him why the writ has not been returned.
§ SIR W. HARCOURTI understood that some half hour ago steps were taken to communicate to you, Sir, that a Question would be asked on this subject and I have to apologize to you that that has not been done. I do not understand, however, from the information which reaches me, that there is any fault on the part of the Clerk of the Crown. It is the duty of the returning officer to send the writ to the Clerk of the Crown. The Clerk of the Crown has not got the writ, and I do not see what the Member is to do in the circumstances.
§ *MR. SPEAKERMy first duty would be to ask the Clerk of the Crown the circumstances of the case, and then to take action through Chancery, if any irregularity has been committed. That I will certainly do at once.
§ MR. O. V. MORGAN (Battersea)Mr. Speaker, Sir, in the event of the writ arriving in the course of the evening, will the hon. Member for Kennington be able to take the oath?
§ *MR. SPEAKERNot until the close of the business. When the Orders of 54 the Day are commenced it is not allowable to interrupt the public business for the purpose of allowing a hon. Member to take the oath or his seat.