COUNT-OUT - Black's Law Dictionary

What is COUNT-OUT? Definition of COUNT-OUT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

In English parliamentary law. Forty  members form  a house of commons; and, though  there be ever so many at the beginning of a debate, yet, if during  the course  of it the house should  be deserted by the members, till reduced below  the number of forty, any one member may have it adjourned upon  its being  counted; but a debate  may be continued when only one member is left in the  house, provided no one  choose to move an adjournment. Wharton.

The words  "count  and countout" refer to the count  of the house  of commons by the speaker. Forty  members, including the speaker, are required to constitute a quorum. Each day after parliament is opened,  the speaker  counts the house.  If forty members are not present he waits till four  o'clock, and  then  counts the house again. If forty members are not then present, he at once adjourns it to the following  meeting  day. May, Parl.Prac.  219.

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