This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ... mines questions arising upon the State elections. In 1822, the Territorial legislature, by a special act, declared the common law of England, and the statutes in aid of the common law?-of a general nature prior to the fourth year of James I., to be in force in that Territory, and repealed all other ordinances ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ... mines questions arising upon the State elections. In 1822, the Territorial legislature, by a special act, declared the common law of England, and the statutes in aid of the common law?-of a general nature prior to the fourth year of James I., to be in force in that Territory, and repealed all other ordinances and provisions. This act was continued by the Council of Revision in 1829; and by the schedule accompanying and forming a part of the Constitution, it was continued in force; so that now, by express constitutional sanction, this rule of the common law is a part of the organic law of the State, governing all electoral bodies and elective acts within the State of Florida. If, then, this question be decided as a judicial question, whether it be decided in reference to the Federal Constitution or the State Constitution and laws, the rule of the common law is the rule of its decision. It is the rule which regulates that power of judicature which the Senate exercises over the election of its members from Florida. Applying the rule to the present case: The Constitution provides that Senators in each State '-shall be chosen by the legislature," namely, by that body having authority to do the legislative business of the State. Authority to do its legislative business is vested, by the Constitution of Florida, in a majority of each House composing its General Assembly. The General Assembly consists of forty Representatives and nineteen Senators, a majority of whom constitutes a "quorum to do business.' Ten Senators and twenty-one Representatives being a majority, constitute a quorum of each House; and that number being present, upon well-established legal principles, business may be transacted by the major part of them; so that, a quorum being...
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