\ BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF 1891 ■A'.'M7^' m/f^ JN594 .MiriasT"'"" "-""^^ A }reatise on the law, olin 3 1924 030 495 323 Overs The date shows when this volume was taken. - To renew this book copy the call No. and give to ^-~- the hbrarian. j HOME USE RULES. All Books subject to Recall. Books not used for instruction br«eseareli are returnable within 4 weeks. Volumes-of periodi- cals and of pamphlets are held in the library as much as possible. Fo,r special purposes they are giyen out for a limited time. Borrowers should not use their library privileges for thejaene- fit of other persons. Books not needed during recess periods uld be returned to the library ,or arrange- ments made for their return during borrow- er' s a]3sence, if wanted , ' Books needed by more than one person are held on the reserve list. Books of special value and gift books, when the giver wishes - it, are not allowed to circulate. ^ - vi; Readers are asked to report all cases of books marked or muti- lated. Do not deface books by marks and writing. 3jg^JL4»»==^ H Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030495323 LAW AND USAGE OF PARLIAMENT. TENTH EDITION. WOEKS by Sir EEGINALD ¥. D. PALGEAVE, K.O.B., Clerk of the House of Commons. Author of THE HOUSE OF COMMONS: Illustrations of its History and Practice. THE CHAIRMAN'S HAND BOOK: Drawn from the Procedure and Practice of Parliament. Ninth Edition. Crown 8vo., 2s. OLIVER CROMWELL ; THE PEOTEOTOE: An Appreciation based on Contemporary Evidence. Small demy 8vo., 10s. 6d. " Mr. Palgrave is no novice in the study of the history of the seventeenth century. ... As was to be expected, his volume shows much reading and long study. ... It will be widely and assiduously quoted." — Athenxum. " Mr. Palgrave's remarkable work." — Guardian. " Here, beyond doubt, is important matter which the Crom- well worshippers must face and deal with as best they may." — Graphic. " Mr. Palgrave's volume will be found useful by students of the period, for its references to authorities are full and exact. It is written with a vivacious good humour." — Spectator. SAMPSON LOW, MAESTON & COMPANY, Ltd., St. Ddnstan's House, Fetter Lane. A TREATISE ON THE LAW, PRIVILEGES, PROCEEDINGS AND USAGE OF parliament. BY SIE THOMAS EKSKINE MAY, K.C.B., D.C.L., CLERK OF TEE HOUSE OF COMMONS; AND BENCHEB OF THE MIDDLE TEMPLE. TENTH EDITION. BOOKS I. AND II. EDITED BY SIR REGmALD F. D. PALGRAVE, K.C.B., CLERK OF THE HOUSE OF COMMONS; BOOK III. EDITED BY ALFRED BONHAM-CARTER, Esquire, OF THE INNER TEMPLE, BAERISTEK-AT-LAW ; A MEMBER OF THE COURT OF REFEREES ON PRIVATE BILLS {HOUSE OF COMMONS). LONDON: WILLIAM CLOWES AND SONS, LIMITED, 27, FLEET STEEET. 1893. - (^ (^fc G o 4 ^air^^lp^ LONDON : FBINTED BY WILLIAM CLOWES AND SONS, LIMITED, STAMrOED STKEET AND CHABINO CBOSS. v^^ ^0 THE EIGHT HONOUEABLE ARTHUE WELLESLEY PEEL, SPEAKER OF THE HOUSE OF COMMONS, &C., &C,, &D., The Tenth Edition of ^fit'g ©rtattse BY HIS KIND PERMISSION, IS, WITH THE HIGHEST RESPECT AND ADMIRATION, Enscrttieti ig THE EDITOES. INTRODUCTION TO THE TENTH EDITION. The text of the eminent author of this treatise, and his mode of treatment, so far as practicable, are preserved throughout this edition ; though condensation became necessary to obtain the ad- mission of much new matter within the compass of a book of fairly manageable dimensions, and revision and rearrangement, to a certain extent, became expedient. The first edition of this book was in preparation exactly fifty years ago, during those halcyon days of parliamentary existence when the standing orders of the House of Commons, now 97 in number, were only 14 ; when no rule or order prescribed that previous notice should be given of a motion^ however important ; ^ and when a motion might be met by any form of amendment, ' In proof of this statement may be noticed the curious alteration in the following paragraph, as it appears in the first and second editions of this book. First edition, 1844, p. 166. A member, " in order to give due notice of his intention, is required to state the form of his motion on a previous day, and to have it entered in the Order Book or Notice Paper." Second edition, 1851, p. 210. " In order to giye the house due notice of his intention, and to secure an opportunity of being heard, it is customary to state the form of his motion on a previous day, and to have it entered in the Order Book or Notice Paper." Vi INTRODUCTION TO THE TENTH EDITION. however grotesquely irrelevant.^ Excluding the standing orders which reqiiire the recommenda- tion of the Crown to motions involving a money charge (see p. 527), and which regulate the presentation of petitions (see p. 503), the par- liamentary procedure of 1844 was essentially the procedure on which the House of Commons con- ducted business during the Long Parliament. That is not so now. Since then Parliament has done much by. way of self-reformation. The Lords no longer tolerate vote by proxy (see p. 350) ; they have substituted for the quorum of three a more suitable number (see p. 205) ; and a standing committee has been created to which every bill in its progress through the house may be referred (see p. 376). The Lords also have rearranged their hours of meeting to further the transaction of business (see p. 204). The Com- mons also have aggravated their labours by fixing three o'clock as the ordinary time for meeting (see p. 207) ; they have simplified their method of procedure so that the consideration of a bill, from the second reading stage until its third reading, proceeds automatically, freed, as far as possible, from opportunities for delay (see pp. 451, 466) ; and in other ways, of which a summary is given on p. 324, they have done their best to abate loquacity, and to hinder the waste of time. To such an extent has this process been carried, that the hundreds of years which measure the ex- istence of the House of Commons until the year ' See n. 5, p. 278. It was not until this book reacted the last edition, 1883, that the rule^was laid down that an amend- ment must be relevant to the question before the hoiipp. INTRODUCTION TO THE TENTH EDITION. Vll 1888, did not occasion more changes in tlie orders and practice of the house, than have been effected during the ten years which have elapsed since the publication of the ninth edition of this book. An attempt to engraft into a treatise framed on the easy-going lines of 1844 the complex procedure of 1893, without some alter- ation of structure, proved, consequently, of no avail. To the chapters, in the ninth edition, which treat of the proposal of motions, and amendments, the conduct of bills, or the rules of debate, a chap- ciiap. vni. p.20i. ter has been added on the "method and order in the transaction of business in Parliament," dealing separately with certain customary occurrences in the daily routine of Parliament, which were for- merly considered in connection with those matters of practice on which the procedure of the House is founded. Such, for instance, is the custom of putting questions to Ministers at the outset of each day's sitting (see p. 236). This practice has reached such a formidable dimension, pro- voking an almost equally formidable crop of rulings from the Chair, that if treated, following the author's arrangement, as a matter of debate, the pages devoted to questions would largely interrupt the consideration of that subject. Chapter viii. has been framed on the lines appointed for the transaction of business from the time of meeting, until the welcome moment of- adjournment ; and it contains, by way of a sample of its contents, the conditions affecting the parliamentary quorum (see p. 221) ; the mode of giving notices of motion (see p. 228) ; the Vlll INTRODUCTION TO THE TENTH EDITION. commeucement of public business (see p. 243) ; the reading of the orders of the day (see p. 247) ; and motions for the adjournment of the house under standing order No. 17 (see p. 240). The peremptory interruption of business, and adjourn- ment to which the house is subjected on every day of the week, except Saturday and Sunday, (see p. 208) is also considered in this chapter ; and with it the application of closure of debate (see p. 211) as that process is intimately associated with the fixed interruption of business. Chap. XXII. p. Another chapter is devoted to a subject which p'ariiament, and hitherto appeared in various portions of the iharges upon the ■, i ^i •! -Ti" ^ i* people. volume, namely, the responsibilities, relations, Crown. ^ a-nd procedurc of Parliament affecting imperial Yj^^lllt'-Loril and national expenditure. A combined considera- HrnTeVfCoinm''ons. tion of the monetary duties of the Crown and of cedure iJ'the'^com- ^^e Houscs of Parliament facilitated the task of rnd'ofwayslnd' t^® editor, and, it is hoped, may afford corre- means. spoudiug aid to a possible student. Treatment, separate and yet inclusive, of this important subject is compelled by the requirements of the day, which have converted into a complex system the simple financial procedure of former times. Under these conditions the ancient freedom in the demand of " grievances " before supply is free no longer (see p. 671) ; whilst an enhanced difficulty has arisen in obtaining the supplies necessary for the service of each year. That difficulty is caused by those varied and renewed applications for money, known as supplementary grants, grants on account, excess grants, and Consolidated Fund Bills, which are, as is ex- plained on p. 518, an annual necessity. Thus INTRODUCTION TO THE TENTH EDITION. ix these movements in opposite directions, though apparently inconsequent, are in fact consequential; for as these demands treble the financial labour of each session, it naturally follows that, by way of compensation, restrictions should be imposed on the right of free speech as a preface to the sitting of the committee of supply. Chapter xxvi., which describes that remarkable CAap. -^i'FZ p. , . . ™ , . 650, Provisional and comparatively recent feature m private bill orders, certifi- legislation, known as the "Provisional Order'''' ^' system," is an important addition to this treatise. Under that system, perhaps it may be explained, Parliament has empowered Grovernment Depart- ments and other public bodies, such as County Councils, to grant, on the application of a suitor, schemes and orders, which receive statutory force under the sanction conferred by an Act of Parlia- ment. This method of delegation, which was initiated in 1845, has of late years been in a constant process of expansion, until it attained the varied and wide development which, as set forth in Chapter xxvi., may surprise even those who are conversant with the working of legislation by private bills. The outbreak of instructions to public bill committees by which the house met the salutary provision, among the standing orders of 1888, whereby the Speaker leaves the chair forthwith whenever the house goes into such a committee (see p. 360), made of instructions a new feature in parliamentary practice. The pages in the edition of 1883, devoted to this subject, have consequently been reshaped (see p. 452). The App«°<''^> ?• s^^- Appendix also is furnished with a set of classified INTRODUCTION TO THE TENTH EDITION. examples, illustrating the principles which govern the proposal of an instruction, and is enriched by the citation of two of those wise and effective addresses from the Chair by which the Speaker has brought these motions under the control of law and order (see p. 843). Appendix, p. 823. To the Appendix are added the standing orders of the House of Commons, and the sessional orders, accompanied by marginal references to the ancient resolutions on which the sessional orders are based — information of considerable historical importance. Examples also are given, drawn from the journals of the house, for the guidance of those who may desire to amend a proposed amendment. An attempt has been made (see p. 187) to provide future Speakers with a summary of the varied duties which devolve upon them : though, as the help the Editor thus seeks to afford cannot be of use when help is most needed, he regards those pages with but slight satisfaction. A forty years' experience of parliamentary life was not needed to teach him that no epitome of the responsibilities cast upon the Chair of the House, however accurate and concise, can supply much inspiration wherewith to guide a Speaker in those critical moments thus described in language as impressive, as it is true : " The occasions are frequent, and they occur most unexpectedly, when the Speaker is called upon, unaided and alone, and at once, to decide upon difficult points which may have supreme consequences — points which require not only accurate knowledge of the forms and procedure of the house, but which demand the greatest courage and firmness to INTRODUCTION TO THE TENTH EDITION. xi apply those precedents to the exigencies of the moment," ^ To bring out this book with least possible delay^ the text has been passed through the press whilst this session has run its course — a session that ha& been signalized by several remarkable incidents, and important rulings from the Chair. These inci- dents have been noted in the pages of the text^ and, when its advanced state rendered insertion impossible, on an extra page (p. 853). As this book is, when caught up from the table- of the house to parry an objection, or to perplex an antagonist, expressly a book for rapid refer- ence, it has been sought, by an ever- recurring insertion of marginal and other references, to make the book an index unto itself ; and in this endeavour the publishers have joined, with generous readiness, by furnishing pages specially adapted for the purpose. Nor are these marginal signposts and signals supplied merely to meet the parliamentary occasion. An inherent difficulty besets a treatise which deals not only with the historical aspect of an august, many-sided in- stitution, but with the conditions of its daily life. The rules laid down by practice and the standing orders, and the precepts and in- junctions delivered from the Chair, act with such interwoven and varied application, that their results must appear and reappear in various portions of the text, either as an enforcement, or as a modification of the principle then under con- sideration. Thus it is the editor's duty, by every ^ Sir Matthew White Ridlej, 4th August, 1892, 7 Pari. Deb. 4 s. 7, P. h Xll INTEODUCTION TO THE TENTH EDITION. possible means, to link together the various portions of the book, and to put each page into touch and union with its brother. Due and grateful recognition must be made of the generous help and hearty co-operation which the editors have received from those who are spe- cially qualified to offer wise criticism and counsel. The Speaker most readily gave his careful con- sideration and attention to such portions of the text as were thankfully submitted to his judg- ment. Help of a similar kind was rendered by Mr. Milman and Mr. Jenkinson. They gene- rously lent their aid towards the solution of many a difficult point of practice, and revised and improved Chapters viii. and xxii. If those abstruse matters, the propriety of an " instruc- tion," the application of the closure, and the treatment of an " item " in the committee of supply, are treated with due explicitness and accuracy, that happy result is mainly due to them. Mr. Ferguson-Davie, Principal Clerk of the Public Bill Office, willingly devoted his sound judgment, trained by long experience in the financial procedure of Parliament, towards the preparation and completion of Chapter xxii. Mr. Bull, the Clerk of the Journals, supplied most valuable precedents and suggestions drawn from his intimate knowledge of the history, journals, and procedure of the House of Com- mons ; and the portions of the text dealing with the practice of the House of Lords, and the conduct of their business, have received the able revision of Mr. Malkin and Mr. Harrison. Equally useful care was most kindly bestowed by INTEODXJCTION TO THE TENTH EDITION. Xlll the Clerk of the Council, Sir Charles Lennox Peel, on the pages which treat of the summons :aud prorogation of Parliament. Mr. Spring Rice, well equipped for the task by long and intimate acquaintance with the traditions and ■practice of the Treasury, examined Chapter xxii, with friendly and official solicitude ; and Mr. Sydney Parry criticized the passages regarding the Chiltern Hundreds, according to information lie had extracted by exhaustive researches among the records of Downing Street. This note of hearty thanks respecting the tenth edition of Books I. and II. would be very imperfect if it closed without an expression of the editor's in- debtedness to Mr. S. H. Day, who devoted a lavish amount of time and trouble in rendering that assist- ance which, as editor of Eogers on Elections, Part li., 16th edition, he was so well qualified to bestow. The editor of Book III. desires to express his grateful acknowledgments for the valuable help ^iven him by Mr. Munro, Clerk of Private Bills, House of Lords, and by Mr. Campion, Examiner (Private Bills), Mr. Austen Leigh, and Mr. Webber, Principal Clerks of the Committee, and the Private Bill Offices, House of Commons. "The editor is also much indebted to gentlemen in the Grovernment Departments, who courteously afforded him important suggestions, based on their ■official experience, regarding the procedure on Provisional Orders. Nor should the information derived from Mr. Clifford's treatise on Private Bill Legislation fail to receive that recognition which is so fully deserved. B. F. D. P. PREFACE TO THE FIEST EDITION. It is the object of the following pages to describe the various functions and proceedings of Parliament, in a form adapted, as well to purposes of reference, as to a methodical treatment of the subject. The well-known work of Mr. Hatsell abounds with Parliamentary learning,^ and, except where changes have arisen in the practice of later years, is deservedly regarded as an authority upon all the matters of which it treats. Other works have als» appeared, upon particular branches of parliamentary practice ; or with an incidental rather than direct bearing* upon all of them : but no general view of the proceedings of both Houses of Parliament, at the present time, has yet been published ; and it is in the hope of supplying some part of this acknowledged deficiency that the present Treatise has been written. A theme so extensive has only been confined within the limits of a single volume, by excluding, or rapidly passing over, such points of constitutional law and history as are not essential to the explanation of proceedings in Parliament; and by preferring brief statements of the general result of precedents, to a lengthened enumeration of the precedents themselves. Copious references are given, throughout the work, to the Journals of both houses, and to other original sources of information : but quotations have been restricted to resolutions and stand- ing orders, to printed authorities, and to precedents which serve to elucidate any principle or rule of practice better than a more general statement in the text. The arrangement of the work has been designed with a view to advance from the more general to the particular PEEFACE TO THE FIRST EDITION. XV and distinct proceedings of Parliament, to avoid repeti- tion, and to prevent any confusion of separate classes of proceedings; and each subject has been treated, by itself, so as to present, first, the rules or principles ; secondly, the authorities, if any be applicable ; and, thirdly, the particular precedents in illustration of the practice. It only remains to acknowledge the kind assistance which has been rendered by many gentlemen, who have communicated their knowledge of the practice of Parlia- ment, in their several official departments, with the utmost courtesy : while the author is under peculiar obligations to Mr. Speaker (Shaw-Lefevre), with whose encouragement the work was undertaken, and by whose valuable suggestions it has been incalculably improved. House of Commons, May 2, 1844. PEEFAOE TO THE NINTH EDITION. This work has continued to expand, in each successive- edition; and the last four years have been unusually fruitful of parliamentary incidents. It will be sufficient to mention the case of Mr. Bradlaugh, the conflicts of the House of Commons with obstruction, the exceptional rules of urgency, the new standing orders for the regula- tion of procedure, and the appointment of standing com- mittees for the consideration of bills relating to law and. courts of justice, and to trade, shipping, and manufactures. During the same period, questions of order have also been; frequent, beyond any previous experience ; and many additional precedents, of earlier date, have been inserted in various parts of the work. I gladly avail myself of this opportunity of acknow- ledging my obligations to many gentlemen, specially qualified to assist me, — to some of whom I am bound more particularly to allude. Mr. Speaker placed his- valuable Note-books at my disposal. My colleagues,. Mr. Palgrave and Mr. Milman, gave me the benefit of their judicious minutes of decisions from the Chair, and collections of precedents, Mr. Bull, the Clerk of the Journals, aided me with many skilful searches for pre- cedents; and Mr. Bonham-Carter advised and assisted me in the review of cases of locus standi before the court of referees, and the practice of committees on private- bills. HoTisB OP Commons, June 6, 1883. CONTENTS. BOOK I. CONSTITUTION, POWERS, AND PEIVILEGES OF PAELIAMENT. BOOK II. PEACTICE AND PROCEEDINGS IN PARLIAMENT. BOOK III. THE MANNER OF PASSING PRIVATE BILLS. BOOK I. CONSTITUTION, POWERS, AND PRIVILEGES OF PARLIAMENT, CHAPTEE I. > CONSTITUENT PARTS OF PARLIAMENT. PAGE Introductory Bemarks 1 Constituent parts of Parliament 2 Prerogatives of the Crown 2 Prerogatives in connexion witli Parliament .... 5 The House of Lords 6 Lords Spiritual 6 Lords Temporal 7 Eepresentative Peers of Scotland 10 And of Ireland 11 Life Peerages 12 Composition of the House of Lords 13 The House of Commons 13 Origin of Knights of the Shire 15 XVlll CONTENTS. FAQB Of Citizens and Burgesses 15 Pirst Eeoognition of the Commons 17 Lords and Commons originally sat together . . . .18 First Speaker of the Commons 19 Separation of the two Houses 20 N'umber of the Commons at different times . . . .21 Members assigned to Scotland and Ireland at the Unions . 21 Effect of Reform Acts for England and Wales, 1832 and 1867 . 22 Eor Scotland 23 And for Ireland 23 Eegistration 26 Qualification of Voters 27 Qualifications and Disqualifications of Members . . .27 Aliens, Minors, &o 27 Holders of Oflces 29 Holders of Pensions 30 Sheriffs and Beturning OflScef s 30 Clergy and Contractors 30 Loan Contractors 31 Bankrupts : House of Commons 31 Bankrupt Peers 33 Persons attainted or adjudged guilty of Treason or Felony . 33 Mode of Election 34 CHAPTER II. I.. POWEE AND JUHiSDIOTION OF PARLIAMENT. Legislative Authority of Parliament 36 Prerogatives of the Crown in reference to Parliament . . 38 Summons and Meeting of Parliament 38 Demise of the Crown 40 Causes of Summons declared 41 Prorogation and Adjournment 42 Meeting of Parliament pursuant to Proclamation . . .43 Proclamation prior to Prorogation 44 Power of each House over its Adjournment . . . .45 Dissolution of Parliament 46 Rights of Peers of the Realm 48 Judicature of the Lords 48 Acts of Attainder and Impeachments 50 Eight of Commons in voting Supplies 50 In determination of Elections 50 New Writs 53 Power of Expulsion 53 Suspension of Members 54. Grounds of Expulsion 55 CONTENTS. XIX CHAPTER III. GENERAL VIEW OF THE PEIVILEGES OF PAELIAMENT. PAGE V Privileges of Parliament 57 Speaker's petition for Commons' Privileges . . . .57 Freedom of access for the Commons 58 Free access for Peers 59 Favourable construction of the Commons' proceedings . . 59 Privileges of each House collectively 60 ^.Jjaw and Custom of Parliament 60 Breach of Privilege a contempt 61 Power of Commitment 61 Protection of Ofacers 62 Assistance of the Civil Power 64 Power of Serjeant-at-Arms to break open outer doors . . 65 Causes of Commitment not to be inquired into by Courts of Law 66 Eeturns made to writs of Habeas Corpus 67 Arrest without Warrant 69 Attachment by the Lords 69 Breaches of Privilege defined 69 Keport and Publication of Debates, &c 70 Disobedience by Witnesses 73 Libels upon Parliament 73 Assaults, Insults, or Libels upon Peers 76 Upon Members of the House of Commons . . . .77 ^ Wrongful Arrest of Members 78 Libels on the Speaker 79 On Members 79 On Members of Select Committees 81 Offering Bribes to Members 81 Acceptance of Bribes by Members 81 Counsel before Parliament 82 Interference with Officers.' 83 Legal proceedings for performance of Parliamentary duties . 83 Tampering with Witnesses . . .... 84 Persons committed by the Speaker 85 Inquiry into breaches of Privilege 85 Committee of Privileges 85 Proceedings upon Complaints 86 Complaints of Newspapers 87 Offences in a former Session 88 Differences in punishment inflicted by each House . . .88 Fines imposed by the Lords 89 Whether House of Commons a Court of Eecord . . .89 Fines imposed by the Commons 90 Present modes of Punishment 91 XX CONTENTS. Eeprimand and Admonition Payment of Fees Imprisonment by the Commons concluded by Prorogation Prisoners formerly sentenced on their knees . PAGK 91 92 92 92 CHAPTER IV. PRIVILEGE OP EKEBDOM OF SPEECH. Necessity of Freedom of Speech 93 Confirmed by law of Parliament 93 Early cases of violation of this Privilege 94 Interpretation of this Privilege 95 Violations thereof 95 Its recognition by Statute 96 Privilege not extended to published speeches .... 97 Publication of Parliamentary papers authorized by Statute . 99 CHAPTEE V. FREEDOM FROM ARREST OR MOLESTATION. y Antiquity of this Privilege Freedom from Arrest and Distress of Goods Early cases .... Present position of this Privilege Modification of Privilege by Statute Members, how released at present Privilege of Peers . Of Peeresses And Eepresentative Peers Duration of the Privilege . After a Dissolution . Members in execution before Election Persons under arrest becoming Peers Members not admitted as bail . Privilege of not being impleaded Limitations of the Privilege by Statute Exemption from service as Witnesses or Jurors Privilege does not extend to Criminal Cases . Causes of Commitment to be communicated . Commitment of Members for Contempt . Members fined for Contempt of Court Contempt of Court and Privilege . Privilege of persons in attendance on Parliament Protection to Counsel Statements to Parliament not actionable 100 101 102 103 104 105 106 107 107 107 108 108 109 109 109 110 111 112 113 116 119 119 120 125 126 CONTENTS. XXr CHAPTEE VI. JUEISDIOTION OP OOTJKTS OF LAW IN MATTERS OF PEIVILEGE. PAGE Principles of the question considered 128- Authorities in support of the exclusive Jurisdiction of Parlia- ment 129 Authorities in opposition 132- Judicial Opinions, Bradlaugh v. Gosset 134 Adverse Judgments 134 Cases relating to Parliamentary Jurisdiction .... 135 Contest concerning the publication of papers .... 137 Later cases favourable to Privilege 141 Present position of Privilege 142 Eemedy by Statute 14a- BOOK II. PRACTICE AND PEOCEEDINGS IN PARLIAMENT. CHAPTEE VII. INTBODTJOTORX EBMAEKS. MEETING OF A NEW PARLIAMENT, &C.. Proceedings of Parliament regulated by Ancient Usage and Modern Practice 144: By Standing and Sessional Orders 144 By Orders and Eesolutions 145 Meeting of a New Parliament 146 The Commons go up to the House of Peers .... 146- Her Majesty's pleasure signified that they elect their Speaker 147 Proceedings on change of Ministry during recess . . . 147 Proceedings in the Lords 149" Oaths taken, and introduction of Peers 149- Election of Speaker 150 Eoyal Approbation of the Speaker-Elect 15a Vacancy in the Speakership during the Session . . . 153 Speakers chosen without the Eoyal sanction .... 154r Mr. Speaker reports his approval 155 Oaths formerly taken 156- One Oath substituted for former Oath 156- XXU CONTENTS. FACE Time and manner of taking the Oath 156 AfiSrmation in lieu of Oath 156 Eefusal to take Oaths 157 By a Koman Catholic 157 By the Jews 158 Admission of Jews to be sworn 159 -Quakers, &e., make Affirmation 159 Claim of Mr. Bradlaugh to make Affirmation, and subsequent proceedings 160 Penalties on omission to take the Oath : Vacation of Seat, &c. 164 Privileges of Members before they are sworn .... 165 Certificate of a Eeturn 165 Subscription of Oath, &c 166 New Members introduced 166 New Member to bring Certificate of his Eeturn . . . 167 Oath to be taken on demise of Crown 167 Queen's Speech on opening of Parliament .... 167 ■Causes of Summons declared by Queen, or by Commission . 168 A Bill read ^ra/orma 170 Eeport of the Eoyal Speech to both Houses .... 170 Proceedings on an Address in answer 170 Presentation of the Address 171 Places in the House of Lords 172 Places in the House of Commons 173 Secured at Prayers 173 Eyery Member to attend the Service of the House . . . 174 House of Lords summoned or called over .... 175 Call of the House of Commons 176 Leave of Absence 178 -Obligation to attend Committees 178 Assemblages near Parliament 179 Hours of Meeting of both Houses 179 Sittings on Saturdays and Sundays 180 Attendance at Divine Service 181 Attendance of both Houses at Coronations .... 182 Adjournments as a mark of respect to Deceased Members . 182 Eoyal Funerals 183 Ash Wednesday and Ascension Day 183 Queen's Birthday, &c 184 Duties of Speaker of the Lords 184 -Great Seal in Commission 185 Deputy Speakers of the Lords 185 Speaker of the Commons 187 Summary of his duties 187 His rank 190 The Deputy Speaker 191 Speaker resumes the Chair during the same sitting . . 192 Assistants of the Lords 192 CONTENTS. XXlll PAG I! Chief Officers of the Lords 193 And of the Commons 195 Clerk of the House 195 Votes and Proceedings 195 The Journals of both Houses 196 Given in eTidence 196- Entries in the Journal expunged 197 Duties of the Serjeant-at-Arms 198 Admission of Strangers into the House of Lords . . . 199 And into the House of Commons 200 Parliament prorogued at close of Session .... 202 CHAPTER VIIL * method and okdbb in the transaction of business in paeliament. House of Lobds. Time of Meeting 204 Adjournment 204 Eules for Procedure 204 Adjourned Business 205 Quorum 205 Questions to Ministers, &o 205 House of Commons. Time of Meeting 20& Ordinary hours of Meeting 207 On Monday, Tuesday, Thursday, Friday .... 207 On Wednesday and Saturday 208 Interruption of business under the Standing Orders . 208 Interruption of business on Wednesday and at a two- o'clock sitting 208 Transaction of business after moment of interruption . 209 Formal Motions after moment of interruption . . . 210 Dilatory Motions lapse at moment of interruption . . 210 Also on interruption at a two-o'clock sitting . . . 211 Exempted Business 211 Closure Motion 212 Further demands thereon 21S Closure on words of a clause 213 Questions pending at interruption 214 Adjournment of questions at moment of interruption . 215 Unopposed business after interruption .... 216 Opposed business after interruption .... 216 Closure at moment of interruption 217 Questions claimed after a Closure Motion . . . 218 Adjournment on Monday, Tuesday, Thursday, Friday . 219 XXIV CONTENTS. PACE Adjournment after Exempted Business .... 220 Adjournment dn Wednesday 220 Adjournment from Friday to Monday .... 220 Adjournment beyond the next day of sitting . . . 220 Adjournment on question 220 Suspension of a Sitting 221 Quorum, presence of 221 In a Committee 223 Order in the transaction of Business .... 224 Circulation of " The Votes and Proceedings " . . . 224 Arrangement of Business 225 Priyate Business 226 Public Petitions, presentation of 227 Unopposed Eeturns 227 Motions for Leave of Absence 228 Notices of Motion 228 lExtent of Notice 229 Notice, haw given 230 Notices on the first day of a Session .... 230 Ballot for Notices 231 Irregular Notices 232 Motions made without Notice 233 ITormal Motions made without Notice .... 235 Motions of which Notice is requisite .... 235 Questions put to Members 236 Manner of putting Questions 239 Motions for Adjournment before Public Business . . 240 Oommencement of Public Business 243 Motions at the commencement of Public Business . . 243 •Orders of the day, &c., upon Government sittings . . 244 Orders of the day, &c., of unofSoial Members . . . 246 Order of Business upon two-o'clock sittings . . . 246 Bills, &c., of unofficial Members on Government days . 247 Order of unofllcial Bills after Whitsuntide . . . 247 Procedure on Orders of the day 247 Power of the House over Orders of the day . . . 248 Orders of the day unread 249 Procedure on Motions 250 Eevival of dropped or superseded Orders of the day . 250 Renewal of Notices of Motions 252 Arrangements for the transaction of Government business 252 Two-o'clock sittings 252 Saturday sittings 253 Priority given to Government business .... 253 Facility given by Government to unofficial Motions . 256 Incidental interruptions to proceedings .... 256 Privilege, consideration of matters of ... . 258 CONTENTS. XXV CHAPTER IX. MOTIONS AND QUESTIONS. PAGE Questions a part of every Proceeding 263 Motions seconded 263 Motions not seconded 263 Motions made 263 Matters to be dealt with by a substantive Motion . . . 263 Motions not to touch matters pending judicial decision . . 264 Motions not to touch, matters decided, or to be brought for- ward 264 .Question proposed 265 When Debate arises 266 Motions by leave withdrawn 266 Modes of evading or superseding a Question .... 266 By moving Adjournment of the House 267 Motions for adjourning the House and the Debate . . . 268 The previous Question 268 Restrictions on moving the previous Question . . . 269 Amendments contradictory of main Question .... 270 Complicated Questions 271 Question put 272 Question determined by Majority of Voices . . . .273 When a Member's Vote is contrary to his Voice . . . 273 Vote of Member against his Motion 274 ■Orders and Resolutions defined 274 CHAPTER X. AMENDMENTS TO QUESTIONS, AND AMENDMENTS TO PEOPOSED AMENDMENTS. Objects and Principle of an Amendment 275 Debate on Amendments 275 When notice of Amendments is necessary .... 275 Order in moving Amendments 276 Amendment to leave out words 276 Amendment to leave out words, and insert or add others . 276 ■Question and Amendment both objected to . . . . 277 •Questions mutilated by Amendments 278 Amendment to insert or add words 278 Amendments to be relevant 278 Restriction on Amendments 279 Method of proposing Amendments .... . 279 Amendments to Motions for Adjournment . . . .281 Withdrawal of Amendments . 282 Amendments to proposed Amendments 282 Amendments to be seconded 285 XXVI CONTENTS. CHAPTEE XI. THB SAME QUESTION OE BILL MAT NOT BE TWICE OFFEEED IN A SESSION. FAGB Object of the rule 286 Exception in the case of rescinding proceedings . . . 286 Evasions of the rule 288 Motions withdrawn or superseded may be repeated . . 289 Eule as applied to Bills 291 Prorogation to renew Bills 291 Amending Acts of the same Session 294 Proposals for suspending or resuming Bills .... 294 CHAPTEE XII. EULES OF DEBATE. The Lords address the House 295 The Commons address the Speaker 295 Eeading Speeches not permitted 295 Indulgence to Members unable to stand 295 When Debate arises 296 No Member to speak after a Question has been fully put . 296 Eight to speak in the House of Lords 296 The Speaker's call upon Members of the Commons . . 296 Motion that a Member " be now heard " 297 New Members 298 Precedence to Mover of Adjournment of Debate . . . 298 Members to speak to the Question 299 Irrelevance or Eepetition 300 Debate on Motions for Adjournment 301 Kestraints on Discussion of Bills 301 When no Question is before the House 302 Ministerial Explanations 302 Personal Explanations 303 No Member to speak twice 304 Except to explain his words 304 Or to reply, in certain cases 305 Eeserved Speech 305 In Committee, or on a new Question 306 Order in Debate 307 Eules for Members speaking 308 Eeferenoe to prior Debates 308 Extracts from Newspapers 309 Reflections upon Votes of the House 310 Allusions to Debates and to Bills in the other House . . 310 Use of the Queen's name 312 CONTENTS. XXVH PAGE Offensive words against either House 315 Against a Statute 316 Reference to matters pending judicial decision . . . 316 Eeflections on the Sovereign, &c. ... . . 316 No Member to be referred to by name .... 317 Offensive words against Members . .... 317 Words of heat 318 Challenges, &c 319 Words taken down by direction of Mr. Speaker, or in Com- mittee . . 320 Rules as to citing Documents not before the House . .321 Debate closed 322 Obstruction . 323 Suspension of Members .... . . 323 The Urgency Resolutions 324 Other rules to prevent Obstruction 324 Rules to be observed by Members not speaking . . . 325 To keep their places 325 Crossing before Members speaking 326 No noise or interruption to be allowed during a Debate . 326 Misbehaviour to Members 328 Interruptions in Committee ... ... 329 Misbehaviour in the Lobbies 330 Authority of Speaker in both Houses 331 When Mr. Speaker rises, the House to be silent . . . 332 Member to withdraw while his conduct is under debate . 332 ' CHAPTER XIII. DIVISIONS. Members not present when Question put cannot vote . . 335 Strangers withdraw . 336 Proceedings prior to a Division . ... 337 Members present must vote 337 Question twice put . . 337 Method of a Division .... ... 338 Division on an Amendment 339 Division in the House of Lords 339 Equality of Voices in the House of Lords .... 340 Votes on judicial cases 340 Divisions in the Commons 341 If not two Tellers, no Division allowed 341 Declaration of the numbers 342 In case of error, House again divides, or mistake is corrected in Journal 342 Members in the wrong Lobby 343 Manner of dealing with errors in a Division .... 343 P. c xxvm CONTENTS. Where Votes equal, Mr. Speaker gives Casting Voice . • 344 Speakers speaking and voting in Committees .... 348 Publication of Division Lists . . .... 349 Divisions in Committees ... .... 349 Divisions frivolously claimed . . . ■ ■ 350 Proxies in the Lords . . - • ■ 350 System of Pairs ... 351 Protests entered by the Lords 351 No Peer or Member to vote if personally interested 353 In the case of Private Bills . .... 355 Motions to disallow Votes .... 357 Personal interest in Private Bill Committees . . . 357 Members interested may propose Motion or Amendment . -358 Personal interest in a Vote other than a pecuniary interest . 359 '* CHAPTER XIV. COMMITTEES OF THE WHOLE HOUSE : AND STANDING COMMITTEES. Mode of appointment ... . . Chairman of Lords' Committees And of Committees in the Commons Temporary and occasional Chairmen Conduct of business in Committees Casting Voice of Chairman General functions of Committees of the whole House Instructions and Amendments on going in Committee Notice not required and a Motion not seconded in Committee Questions of sums and dates . Amendments moved in Committee . Members may speak more than once Maintenance of order in Committee . Eeport of breach of order to the House . Mr. Speaker resumes the Chair in certain cases Resolutions cannot be postponed Suspension of a Sitting . . . . Committees cannot adjourn Motions to report progress, &c. Report brought up without Question Procedure on Resolutions Grand Committees .... Committee of Privileges .... Entry of Committee proceedings in Journals . Standing Committees on Law, Trade, &c. Nomination of these Committees Procedure in these Committees Reference thereto of Bills 360 360 361 361 361 361 362 363 363 363 364 364 365 366 367 368 368 368 369 370 370 371 372 372 372 373 373 374 CONTENTS. XXIX Method of practice therein 374 Duties of the Committees regarding Bills referred to them . 375 Eeport of Bills 376 Standing Committees, House of Lords ... . 376 CHAPTER XV. SELECT COMMITTEES IN BOTH HOUSES: AND JOINT COMMITTEES. General province of a Select Committee . Eeports and Papers referred Instructions Appointment and Proceedings of Lords' Committees Their powers regarding Witnesses .... Their Minutes of Proceedings Regulations regarding the Commons' Select Committees Number and Appointment of Members . Division of a Committee into two Committees Sessional Committees . .... Committees on Privilege matters Quorum of Select Committees . Power to send for Persons, Papers, and Records . Presence of Strangers Presence of Peers . .... Or Members . . . . . Secret Committees . . ... Chairman chosen Divisions in Committees . . ... Casting Voice of Chairman Adjournment of Committees from place to place . Sitting of Committees during Sitting or Adjournment of House Adjournment of Committees Counsel before Select Committees . Printed Minutes, &c. . . ... Evidence, &c., not to be published until reported . Procedure on draft Resolutions Special Report ... ... Power to report from time to time . Publication of draft Reports Report cancelled . . ... Consideration of a Report Recommittal of Reports Offer to influence a Committee .... Joint Committees of Lords and Commons Chairman's Vote Select Committees communicating with each other the 378 378 378 379 379 380 380 380 881 382 383 383 384 385 386 386 388 388 388 388 389 390 391 391 392 393 394 395 395 395 396 397 397 397 398 399 399 XXX CONTENTS. CHAPTER XVI. ■WITNESSES AND PARLIAMENT. PAGE How summoned by the Lords 400 Summoned by order of the House of Commons . . . 400 By Select Committees . 401 Neglect or Eefusal to attend ... ... 401 Attendance of Members to be examined .... 402 Message for attendance of Peers ; Officers of both Houses . 403 Mode of examination by the Lords 404 Oaths administered by Lords' Committees . . 405 Oaths by the Commons' Committees . . . 406 Contumacious Witnesses ... .... 407 Evidence of Officers, &c., of the House ... . 407 Evidence of Members in Courts 408 Examination at the Bar 408 A Peer examined by a Select Committee . . . 409 Expenses of Witnesses 409 CHAPTEE XVII. COMMUNICATIONS BETWEEN THE LOEDS AND COMMONS. Different modes of Communication 411 Messages from the Lords to the Commons . . 411 Messages from the Commons to the Lords . . .411 Matters communicated at a Conference ... . 412 Subjects and mode of demanding . . 412 Eeasons offered by Message or Conference . . .413 Conference agreed to and Managers appointed . . 413 Conferences in regard to Bills .... . 414 Free Conferences .415 Other means of Communication 416 CHAPTEE XVIII. COMMnNICATIONS BETWEEN THE CKOWN AND PARLIAMENT. The Queen supposed to be present in Parliament . . . 419 Communications from the Crown in person or by Commission 420 By Message under the Sign Manual . ... 420 Should be communicated to both Houses . . . 422 Verbal Messages 422 Recommendation or Consent of the Crown .... 423 Amendments in Committee affecting the Crown . . 423 Consent of the Crown withheld 424 CONTENTS. XXXI FAGE Interests of the Crown placed at disposal of Parliament . 424 These Communications acknowledged 426 By Joint Addresses 427 And Separate Addresses 428 Mode of presenting Addresses 429 Answers to Addresses . ..... 430 Eesolutions communicated 430 Communications between Parliament and the Boyal. Family . 481 Eesponsible Ministers in both Houses 431 CHAPTEE XIX. PnBLIC BILLS. General nature of a Bill . Origin of modern system . Similarity of practice in both Houses Where Bills originate Eestitution Bills and Acts of Grace Public and Private Bills . Public Bills presented in the Lords Ordered in the Commons Members ordered to bring in Bills, and Members added Bills originating in Committee Preparation of Bills Bills presented ... First Beading and Printing without Debate Bill ordered to be read a second time Procedure on a Hybrid Bill . Bills withdrawn, &c Second Beading Amendments to Question for Second Beading Previous Question moved on . Bills dropped or rejected . . . Counsel ordered Bills committed . . . . Committee stage passed over . Mr. Speaker leaves the Chair forthwith . Instructions to Committees on Bills Notice of Instructions .... Proceedings in Committee on Clauses Amendments admissible . Amendments inadmissible Clauses postponed . New Clauses and Schedules . Powers of Committees over Bills Bills committed ^ro/orma 438 434 484 434 435 436 436 436 437 438 440 440 441 442 443 444 444 446 449 449 450 451 451 451 452 455 456 457 458 459 461 462 468 XXXll CONTENTS. Proceedings in Committee not to be noticed until Report Eeport of Progress ' . Bill reported .... . . Proceedings on Eeport Bill, as amended, considered Restriction upon Amendments on Report Stage Clauses added, and Amendments made . Clauses creating Charges Bills recommitted Bills committed to a Select Committee . Procedure on Bills committed to Select Committees Committees on Provisional Order and Hybrid Bills Third Reading . . Amendments on Third Reading Bill passed, and Title agreed to . . . Temporary Laws Bill not to be altered otherwise than by Amendment Communication of Bills between both Houses Bills sent by mistake .... Consideration of Lords' Amendments Consequential Amendments . Amendments affecting Privilege Amendments disagreed to Procedure thereon . Indorsement of Bills Royal Assent .... Royal Assent by Commission . Forms in giving Assent . By the Queen in person . Wben absent from the Realm . Commencement of Act Bills passed with unusual expedition Informalities in the Agreement of both Houses In the Indorsement In the Royal Assent TJlBB 464 464 465 465 466 466 466 468 468 469 470 471 471 472 472 473 474 474 475 475 477 478 479 479 480 480 481 483 485 485 486 487 488 490 491 CHAPTER XX. PETITIONS. Ancient mode of Petitioning Receivers and Triers of Petitions appointed by the Lords Commencement of the modern system Restriction in presentation of Petitions Porm of Petitions to Parliament Remonstrances Rules as to Signatures 493 494 495 495 495 496 496 CONTENTS. XXXIU Character and Substance of Petitions Petitions from persons attainted From persons abroad Presentation of Petitions . Petitions not received Debates on, restrained Petitions complaining of Grrievances Petitions printed with the "Votes Committee on Public Petitions PAGE 497 499 500 500 502 503 503 505 505 CHAPTER XXI. ACCOUNTS AND PAPERS. Eeturns obtained by Order or by Address When Eeturns to Addresses have not been made Eeturns relating to the other House Subjects of Eeturns . . . . Eeturns not made ... Orders for Eeturns enforced . Papers presented by Command or by Act Presentation of Papers Papers presented as Dummies . Ordered to be printed Parliamentary Papers Committee . Distribution of Papers Arrangement and character of Parliamentary Papers Orders and Eegulations laid before Parliament 507 508 509 509 510 510 511 511 512 512 512 513 513 514 CHAPTEE XXir. PARLIAMENT, AND CHARGES UPON THE PEOPLE. Part I. — The Cbown. Control of the Crown over Public Expenditure and Eevenue 515 Demands for Supply, &c 515 The Eoyal order (Supply Grants) . . . 516 Presentation of the Annual Estimates . . . 516 Estimates for the Revenue Departments . . . 516 MiKtia Estimates . 516 Power of the Crown over form of Estimates 517 The Ordinary Estimates .... 517 Other Estimates .517 Grants on Account 518 Origin of Grants on Account . . . 518 Use of Army and Navy Surpluses . . 518 XXXIV CONTENTS. PAGE Grants on account (Civil Services) 519 Grants on account before a Dissolution .... 520 Grants on account exceeding amount required . . 521 Supplementary Grants 522 Excess Grants ... 523 Grant of a Vote of Credit . . ■ -524 Exceptional Grants 524 Procedure on Exceptional Grants . ... 524 Incidental Charges ... .... 525 Messages : Militia and Eeserve . ... 525 Consolidated Eund Bills .... . . 526 Eegulations adopted by the Commons to enforce the Eoyal control over Public Expenditure and Eevenue . 527 Eecommendation of the Crown signified .... 527 Procedure on Legislation creating a Public Charge . . 528 On Bills creating a Charge 528 On Guarantees 530 Instructions needing recommendation from the Crown . 531 Petitions for the creation of a Charge .... 531 No increase of sums demanded on behalf of the Crown . 532 Eesponsibility of the Crown and Parliament regarding Taxation 532 Eeduction of Taxation 533 Exemptions from the Standing Orders touching Charges upon the people 535 Indian Eevenue Guarantees ... . 537 Addresses for Public Money . .... 538 Methods of advocating Public Expenditure . . 539 Procedure for the diminution of Public Charges . . 540 Paet II. — The House of Lords. The House of Lords, and Charges upon the People . 540 Origin of the Lords' position 541 Bills, &c., which infringe the Commons' Privileges . . 542 Acceptance by the Commons of privileged Amendments 544 Eejection of privileged Amendments .... 546 Eelaxation of Commons' Privileges 547 Lords' Legislation touching Charges upon the People . 547 Money Bills outside the Commons' Privileges . . . 549 Eejection by the Lords of Bills creating Charges . . 550 Also of Provisions creating a Charge .... 551 Tacks to Bills of Supply ... ... 552 Part III. — The House of Commons. Origin of Parliamentary Taxation . ... 553 Commons' Eight to originate Grants .... 554 Action by the Commons on the Eoyal demand for Supply 554 Functions of the Committees of Supply, and Ways and Means 554. CONTENTS. XXXV The Annual Financial Statement . The Imposition of Taxation The Consolidated Fund . Drafts thereon for Supplies Application of the Consolidated Fund Permanent Charges thereon . Appropriation of Grants for the Annual Services The Appropriation Act . Debate thereon . Adjournments after the passing thereof Enforcement of the Appropriation system Navy and Army Expenditure Committee Public Accounts Committee .... East India Kevenue Accounts Committee Greenwich Hospital Charges not subject to the Eoyal Recommendation Committees thereon Funds devoted to subjects of public utility Eeduction of Charges Packet and other Contracts .... The Army Annual Bill and Paet IV. — Peoobdure in the Committees or Sdpply, &o Appointment of Supply, and Ways and Means Committees Appointment of Chairman .... His duties . . Days of sitting of these Committees . Amendments on going into Committee of Supply Sittings of the Committee of Supply on Mondayi Thursdays . Procedure on the question for the Speaker's leaving the Chair ... Adjourned Debates thereon Revival of the order for the Committee of Supply Supply Committee on Friday . Notice of Estimates to be considered in Committee Form of Resolutions in Committee of Supply . Procedure on Grants in Committee . Items voted separately Procedure on a Grant on account . Grants proposed by a Minister Procedure in Committee No increase of sums specified by the Estimates Nor Destination altered Mode of proposing Amendments in Committee Amendments of a Grant Amendments of the items of a Grant Procedure thereon .... 555 556 558 558 559 560 560 560 561 562 563 563 563 564 565 565 566 567 567 568 568 569 569 570 570 571 572 574 574 575 576 577 577 577 578 578 579 579 580 580 581 581 582 583 XXXVl CONTENTS. FAGB Debate on the Army and Navy Services . . . 584 Debate on the Civil Services 585 Debate on Supplementary and Excess Grants, and Grants on Account . • 585 General method of Debate . ... 587 Close of the financial proceedings of the Session . . 587 Procedure in Committee of Ways and Means . . . 588 Procedure upon Eeports of Supply and Ways and Means 590 Bills founded on the Ways and Means Resolutions . . 592 Committees on Exceptional Expenditure .... 593 CHAPTEE XXni. ELECTIONS. Issue of Writs for Vacancies during the Session . . . 595 Not while Election Petitions are pending .... 596 Vacancy by Peerage . . 597 Precedence of Motion for New Writ . . 598 Supersedeas to Writs 599 Issue of Writs by Mr. Speaker during Recess . . . 599 Vacancies by Acceptance of Office under the Crown . . 600 By Bankruptcy or Lunacy 600 Delivery of Writs ... 601 Members appointed to act in the Speaker's behalf . . 601 Error in Return 602 Offices under the Crown . 603 Disqualification admitted . . 605 The Chiltern Hundreds . . 605 Acceptance of ... . . . . 606 When Seats not vacated by Office . . . . 608 Cumulative Offices ... . . . . 610 First Lord of the Treasury and Chancellor of the Exchequer . 610 New Army and Naval Commissions 611 Offices without Salary ... . . 612 Petitioning Candidates eligible 613 Trial of controverted Elections . . . 613 Trials prior to, and under, the Grenville Act . . 613 The present system . 614 Members' returned for two places . . . . 614 Sessional Orders relative to Elections . . . 614 Election Petitions, &c.. Act, 1868, and later Acts . . . 616 Proceedings of House in matters of Election .... 618 Proceedings of House upon determination of Election Trials . 620 Special Eeports 621 Penalties for Corrupt Practices 621 CONTENTS. XXXVU PAGE General Corniption to be reported 622 Writs suspended ... 622 Commissions of Inquiry 623 Bills founded on Eeports of Commissioners . 623 CHAPTER XXIV. IMPEACHMENT : BILLS OP ATTAINDER AND OP PAINS AND PENALTIES. Rarity of Impeachments in modern times . . . 625 Grounds of Impeachment 625 Articles of Impeachment 626 The Managers and Trial 627 The Judgment 628 Pardon of the Crown not pleadable ... . . 629 Trial of Peers . 630 In Parliament or by Court of Lord High Steward . . .630 Position of Bishops in these Trials 630 Bills of Attainder and of Pains and Penalties .... 632 BOOK III. THE MANNER OF PASSING PRIVATE BILLS. CHAPTER XXV. PEBLIMINAET VIEW OP PRIVATE BILLS. Definition of Private Bills ... . . 634 Bills concerning the Metropolis . . . . 634 The City of London .... ... 636 Edinburgh and Dublin . . 638 Other Bills relating to quasi-Public Matters . . 639 Religious Communities 640 Provisional Order Bills . 642 Repeal of Public Acts by Private Bills . 642 Origin of Private Bills .643 Functions of Parliament in passing Private Bills . . 644 Principles by which it is guided .... . 646 Private and Public Bills pass through the same stages 647 Private Legislation superseded by Public Acts . 648 General Acts enumerated . 649 XXXVlll CONTENTS. Local CHAPTER XXVI. PRO VISIONAL ORDEES, CBETIFICATBS, &0. ; AND THE ACTS UNDER WHICH THEY ARE GRANTED. Provisional Orders, Parliamentary Procedure . Previous Inquiries regarding Parliamentary Fees not payable by promoters of . List of Departments that issue Provisional Orders . Provisional Orders issued by the Home Office and Government Board ... . . Dwellings of the Working Classes .... Explosive Substances ... . . Metropolitan and other Police Provisional Orders issued by the Board of Trade . Piers and Harbours . . . . Sea Fisheries . Gas and Water Tramways . ... Salmon Fisheries . ... Electric Lighting . . ... Eailway and Canal Traffic Railways Provisional Certificates .... Provisional Orders issued by the Local Government Board Local Government and Sanitary Purposes Readjustment, &c., of Parishes .... Turnpike Trusts . . ... Contagious Diseases (Animals) Alkali Works .... ... Parliamentary Divisions . . ... Powers (County Councils) Brine Pumping Proyisional Orders issued by the Board of Agriculture Inclosures . ... Drainage Provisional Orders issued by the Education Department Provisional Orders issued by the Privy Council Provisional Orders issued by the Post Office and the Secre- tary of State for War Provisional Orders issued by the Charity Commission Provisional Orders issued by the Secretary tor Scotland Public Health . Public Parks .... Public Education County Councils Police Police, Sanitary, &c., Administration Roads and Bridges .... Provisional Orders issued by the Lord-Lieutenant of Ireland PAGE 650 650 651 651 651 652 653 653 654 654 655 655 656 656 656 657 658 659 659 662 663 663 663 664 664 666 666 666 668 668 669 669 670 671 671 671 671 671 672 672 673 673 CONTENTS. XXXIX PAGE Tramways and Light Eailways 673 Provisional Orders issued by the Local Government Board (Ireland) 674= Provisional Orders issued by Public Works Office (Ireland) . 676 Provisional Orders issued by County Councils (A.llotments) . 676 Orders, Schemes, and Eegulations 677 CHAPTER XXVII. CONDITIONS TO BE OBSBBVED BY PARTIES BEFOEB PEIVATE BILLS AKE INTEODUOED INTO PAKLIAMENT. PROOF OF COMPLIANCE WITH THE STANDING OBDERS BEFORE THE EXAMINEES. The two classes of Private Bills • . . 679 Requirements of the Standing Orders 680 Similarity in the Orders of both Houses 680 Preparation of Bills .... .... 681 Proof of compliance with Standing Orders of both Houses . 681 Functions of the Examiners . . ... 682 General List of Petitions . . 682 Memorials complaining of Non-compliance . . . 683 Sittings and Proceedings of the Examiners .... 684 Decision and Eeport of Examiners 689 Presentation of Petition for Bill ... . . 690 BiUs suspended in case of a Dissolution . . . 690 CHAPTER XXVIII. COURSE OF PEOCEBDINGS UPON PEIVATE BILLS IN THE HOUSE OF COMMONS ; WITH THE RULES, ORDERS, AND PRACTICE APPLICABLE TO EACH STAGE OF SUCH BILLS IN SUCCESSION, AND TO PABTICULAE CLASSES OF BILLS. Duties, &c., of Parliamentary Agents 691 Notices of Private Business given .... . 693 Consideration of Private Business by the House . . 694 Order of Proceedings in Private Business . . . 694 Private Bill Registers ... . . . 695 Petition for Bill presented .... . 695 When Standing Orders not comphed with . . .696 Petitions withdrawn and Presentation of other Petitions . 696 Private Bills brought in otherwise than upon Petition . . 696 Hybrid Bills 696 Provisional Order Bills 696 Petitions for Additional Provision 697 Considered ia Committee of the whole House .... 698 xl CONTENTS. Joint Corn- Land Revenues of the Crown .... The Standing Orders Committee Proceedings of Standing Orders Committee . Principles followed by the Committee . Standing Orders not to be dispensed with Petitions for Leave to deposit Petitions for Bills Urgent Bills brought in on Motion . Bills presented First Beading and Proceedings prior to Second Beading Second Eeading postponed if opposed Commitment Bills committed by mistake .... Instructions Committee of Selection General Committee on Eailway and Canal Bills Constitution of Committees on Private Bills . On Unopposed Bills Notice to Selected Members .... Refusal to Attend , First Sitting of a Committee fixed . Instructions to Committee of Selection . Certain Eailway and Canal Bills referred to a mittee Duties of Chairman of Ways and Means, and of Chairman of Lords' Committees Supervision by Public Departments Duties of Members on Private Bill Committees Referees appointed to Committees . Not to vote Petitions for and against Private Bills . The hearing of Petitioners .... Cases of lomis standi before Court of Referees . Rules for the hearing of such cases . Allegations admitted . . . . Petitions against Preamble .... The locus standi of Petitioners (Landowners, &o.) Consumers of Gas and Water . Shareholders ... ... Dissentient Shareholders . Informalities in Petitions Petitions not specific Petitions against Bills to be printed Opposed or Unopposed Bills .... Duties of Committees on Unopposed Bills Orders relating to all Committees on Bills Reports from Public Departments referred Proof of Standing Orders .... Clause compelling payment of Subscription . PAGE 698 699 699 700 701 703 704 704 705 708 709 709 709 715 715 716 716 717 718 719 719 721 721 722 724 726 728 728 730 732 733 733 734 734 748 748 749 752 753 754 755 756 757 757 758 759 CONTENTS. xli Orders governing Proceedings on Railway Bills Tramroads Local Government Letters Patent, Inclosure, and Drainage Bills . Houses of the Labouring Classes Gas Bills Proceedings of Committees on Opposed Bills . Eesolution respecting Printing of Minutes of Evidence Appearances and hearing of Counsel Hearing of Solicitors Proof of Preamble .... . . Proceedings on Preamble Clauses considered . Preamble not proved ... Alterations therein Procedure on Provisional Order Bills Costs awarded in certain Cases Reports and Special Reports . Witnesses summoned Evidence reported Report that Parties do not intend to proceed . Adjournment and Revival of Committees Hybrid Bills in Committee .... Bills withdrawn or referred to Examiner Bill considered as Amended . Recommitment Third Reading (Queen's consent) . Lords' Amendments considered PAGE 759 766 767 767 768 769 769 770 770 771 772 774 776 778 780 780 781 782 784 784 785 786 786' 787 788 790 791 791 CHAPTER XXIX. CO0ESB OP PKOOEEDINGS IN THE LORDS TTPON PEIVATB BILLS SENT UP FEOM THE COMMONS. Private Bills originating in the Commons Bills submitted to OflScers of both Houses Examination of Standing Orders Proceedings of the Standing Order Committee First and Second Reading Petitions against Bills Petitions for additional Provision . Second Reading and Commitment . Committees on Unopposed Bills On Opposed Bills Duties of Committee of Selection . Proceedings of Committees on Bills Petitioners heard 793 793 794 796 800 800 800 801 801 802 802 803 803 xlii CONTENTS. PAGE Who may be Petitioners • . 804 Special Standing Orders to be proved 804 Eecommitment of Bills 807 Proceedings on Eeport and Third Reading . . . 807 Proceedings on Provisional Order Bills . ... 807 CHAPTEE XXX. BULES, OBDERS, AND OOTTKSB OF PROCEEDINGS IN THE LOEDS UPON PRIVATE OB PEESONAL BILLS; AND PEOCBEDINGS OF THE COMMONS UPON PRIVATE BILLS BEOUGHT FEOM THE LOEDS. LOCAL AND PEBSONAl AND PRIVATE ACTS OF PARLIAMENT. Private Bills originating in the Lords ... . 809 Personal Bills .809 Estate Bills referred to Judges . ... 810 Petitions, &c., to be delivered to Chairman of Committees . 810 Committees on Estate Bills .... . 811 Divorce and Naturalization Bills . . ... 811 Commitment .... .... 813 Eeport and Third Beading . 813 ' Proceedings in the Commons on Lords' Bills . . 813 Local and Personal Acts .... . . 815 Public Acts of a Local Character . . . . 816 The Printing of Private Acts . . . . . 816 CHAPTEE XXXL FEES PAYABLE BY THE PARTIES PROMOTING OE OPPOSING PEIVATE BILLS. TAXATION OF COSTS OF PARLIAMENTARY AGENTS, SOLIOITOES, AND OTHEES. Fees payable on Private Bills, and Collection of . . . 818 Eemission of Fees 819 Taxation of Costs 819 Powers of Taxing OfiSoers . . ... 820 Appendix — I. Standing and Sessional Orders , 823 II. Instructions (Examples) 839 III. Examples of Amendments to proposed Amendments . 845 IV. Proclamations for the Summons of Parliament . . 849 v. Forms of Certificates for Issue of Writs by Mr. Speaker during a Eecess 851 Additions to Text ... ... 853 Index 859 BOOK I. CONSTITUTION, POWERS, AND PEIVILEGES OF PAELIAMENT. Chapter I. CHAPTER I. Table of THE CONSTITUENT PABTS OF PAELIAMENT. Contents, ' The present constitution of Parliament has been the growth introduo- of many centuries. Its origin and early history, though ^^[j.^"' obscured by the remoteness of the tiipes, and the imperfect records of a dark period in the annals of Europe, have been traced back to the free councils of our Saxon ancestors. The popular character of these institutions was subverted, for a time, by the Norman Conquest : but the people of England were still Saxons by birth, in language, and in spirit, and gradually recovered their ancient share in the councils of the State. Step by step the Legislature has assumed its present form and character ; and after many changes, its constitution is now defined by — " The clear and written law, — the deep-trod footmarks Of ancient custom." No historical inquiry has greater attractions than that which follows the progress of the British Constitution from the earliest times, and notes its successive changes and develop- ment : but the immediate object of this work is to display Parliament in its present form, and to describe its various operations under existing laws and custom. For this purpose the history of the past will be adverted to : but more for the explanation of modern usage than on account of the interest of the inquiry itself. Apart from the im- mediate functions of Parliament, the general constitution of the British Grovernment is not within the design of this p. B 2 THE CEOWN. treatise ; and however great the temptation may be to digress chapter i. upon topics which are suggested by the proceedings of Parliament, such digressions are rarely admitted. Within these bounds an outline of each of the constituent parts of Parliament, with incidental reference to their ancient history and constitution, will properly introduce the consideration of the yarious attributes and proceedings of the Legislature. Constitu- The Parliament of the United Kingdom of Great Britain of ParUa- ^ud Ireland is composed of the King or Queen, and the ment. three estates of the realm, viz. the Lords Spiritual, the Lords Temporal, and the Commons. These several powers collectively make laws that are binding upon the subjects of the British empire ; and, as distinct members of the supreme legislature, enjoy privileges and exercise functions peculiar to each. I. The King I. The Crown of these realms is hereditary, being subject, tiui Crown however, to special limitations by Parliament ; and the ^^jee king or queen' has ever enjoyed various prerogatives, by P- ^i^- prescription, custom, and law, which assign to the sovereign the chief place in Parliament, and the sole executive power. But as the collective Parliament is the supreme legislature, the right of succession and the prerogatives of the Crown itself are subject to limitations and change by the consent and authority of the sovereign, and the three estates of the realm in Parliament assembled. To the changes that have been effected, at different times, in the legal succession to the Crown, it is needless to refer, as the Eevolution of 1688 is a sufficient example. The power of Parliament over the Crown is distinctly affirmed by the statute law, and re- cognized as an important principle of the constitution. Coronation All the kings and queens since the Eevolution have taken an oath at their coronation, by which they have " promised and sworn to govern the people of this kingdom, and the dominions thereto belonging, according to the statutes in Parliament agreed on, and the laws and customs of the ' For statutory conflimation of the For the form in vshich the accession ancient right of females to inherit of a sovereign is recognized, see 92 the Grown, see 1 Mar. St. 2, c. 1 ; C. J. 488. and 1 Mar. St. 3, u. 1 ; 1 Eliz. c. 3. oath THE CEOWN. Chapter I, same." ^ The Act 12 & 13 Will. III. c. % affirms " that Limitations the laws of England are the birthright of the people thereof and all the kings and queens who shall ascend the throne of this realm ought to administer the government of the same according to the said laws ; and all their officers and ministers ought to serve them respectively according to the same." And the statute 6 Anne, c. 7, declares it high treason for any one "to maintain and affirm, by writing, printing, or preaching, "that the kings or queens of this realm, by and with the authority of Parliament, are not able to make laws and statutes of sufficient force and validity to limit and bind the Crown, and the descent, limitation, in- heritance, and government thereof." Nor was this a modern principle of constitutional law, established, for the first time, by the Eevolution of 1688. If not admitted in its whole force, so far back as the great charter of King John, it has been affirmed by Parliament in very ancient times. In the 40th Edward III. the pope demanded homage of that monarch for the kingdom of Eng- land and land of Ireland, and the arrears of 1,000 marks a year that had been granted by King John to Innocent III. and his successors. The king laid these demands before his Parliament, and it is recorded that " The prelates, dukes, counts, barons, and commons, thereupon, after full deliberation, answered and said, with one accord, that neither the said King John, nor any other, could put himself, or his kingdom or people, in such subjection without their assent ; and as it appears, by several evidences, that if this was done at all, it was done without their assent, and against his own oath on his coronation," they resolved to resist the demands of the pope with all their power.^ From the words of this record it would appear, that whether the charter of King John submitted the royal prerogatives to Parliament or not, it was the opinion of the Parliament of Edward III. that even King John had been bound by the same laws which subsisted in their own time.® ' 1 Will. & Mary, o. 6. Form ^ See also coronation oath of Edw. and Order of H.M. Coronation. II. in 1307, Fcedera, toI. ii. p. 3G ; = 2 Rot. Pari. 290. Book of Oaths, 1689, p. 195. of preroga- tive. 4 THE CKOWN. The same principle had been laid dowu by the most Chapter I. venerable authorities of the English law, before the limits of the constitution had become defined. Bracton, a judge in the reign of Henry III., declared that " the king must not be subject to any man, but to God and the law, because the law makes him king." ^ At a later period, the learned Fortescue, the Lord Chancellor of Henry VI., thus explained the royal prerogative to the king's son, whose banishment he shared : " A king of England cannot, at his pleasure . . . make any alteration or change in the laws of the realm without the consent of the subject, nor burthen them, against their wills, with strange impositions." ^ Later still, during the reign of Elizabeth, who did not suffer the royal prerogative to be impaired in her time. Sir Thomas Smyth affirmed that "the most high and absolute power of the realm of England consistetb in the Parliament ; " ^ and then proceeded to assign to the Crown exactly the same place in Parliament as that acknowledged by statute, since the Revolution. Not to multiply authorities, enough has been said to prove that the Eevolution defined, rather than limited, the constitutional prerogatives of the king, and that the Bill of Eights* was but a declaration of the ancient law of England.^ Profession ^^ important principle of constitutional law was intro- Prot'^t •i'^ced at the Revolution, by which the sovereign is bound faith. to an adherence to the Protestant faith, and to the main- tenance of the Protestant religion, as established by law. He is required to swear, at his coronation, to maintain " the true profession of the Gospel, and the Protestant reformed " Braoton, lib. 1 , c. 8. prerogative, without grant of Parlia- ' De Laudibus Leg. Ang. c. 9. ment for longer time or in other ' De Republioa Anglorum, book 2, manner than the same is or shall be c. 1, by Sir Thomas Smyth, knt. granted, is illegal."— 1st, 2nd, and « " That the pretended power of 4th Articles of the Bill of Eights. suspending or dispensing with laws, » See Allen, Eise and Growth of or the execution of laws, without Eoyal Prerogative in England; consent of Parliament, ia illegal." Stubbs, Const. Hist. i. 135 ; il. 317. . . " That levying money for or to 351. 508. tlie use of the Crown, by pretence of THE CEOWN. 5 Chapter I. religion established by law." By the Bill of Eiglits,i and the Act of Settlement,^ any person professing the popish religion, or who shall marry a papist, is incapable of inherit- ing or possessing the Crown, and the people are absolved from their allegiance. This exclusion is further confirmed by the second article of the Act of Union with Scotland ; ^ and, in addition to the coronation oath, every king or queen is required to make the declaration against the doctrines of the Eoman Catholic Church prescribed by the 30 Chas. II. st. 2, either on the throne in the House of Lords, in the presence of both houses, at the first meeting of the first Parliament after the accession,* or at the coronation, which- ever shall first happen. By similar sanctions the sovereign is also bound to maintain the Protestant religion and Pres- byterian church government in Scotland.^ The prerogatives of the Crown, in connexion with the Preroga- legislature, are of paramount importance. The legal exist- n'eTion ''°''" ence of Parliament results from the exercise of royal pre- "'*'' ^"" rogative. As "supreme governor, as well in all spiritual or ecclesiastical things or causes as temporal," ® the Queen virtually appoints the archbishops and bishops, who, as " lords spiritual," forui one of the three estates of the realm.'' All titles of honour are the gift of the Crown, and thus the ".lords temporal" also, who form the remainder of the upper house, have been created by royal prerogative, and their number may be increased at pleasure. In early times the summons of peers to attend Parliament depended entirely on the royal will : but their hereditary titles have 1 1 "Will. & Mary, sess. 1, c. 6; Church," see Coke, 4th Inst. 3i4; sess. 2, c. 2, s. 9. Hooker, Eocl. Pol. book viii. c. 4 ; ^ 12 & 13 Will. III. c. 2, B. 2. Zurich Letters (Parker Society), i. " 5 & 6 Ann. o. 8. 29. 33 ; and the preamble of 2 & 3 * 20th Nov. 1837, 70 L. J. 10. Ann. c. 20. ' Act of Union, 5 & 6 Ann. c. 8, ' The order of precedence of the s. 2 ; 3 & 4 Ann. c. 7 ; Scotch Act, lords spiritual is as follows : princes 5 Ann. c. 6 (for securing the Pro- of the blood, Archbishop of Canter- testant religion and Presbyterian bury, lord chancellor, Archbishop church government). of York, lord president, lord privy " Act 1 Eliz. c. 1, s. 19; Gibson, seal, dukes, marquesses, earls, vis- - Codex, i. 45. Concerning the use counts, bishops, barons. of the title " Supreme head of the (j THE CROWN. long since been held to confer a right to sit in Parliament. Chapter i, To a Queen's writ, also, the House of Commons owe tlieir election as the representatives of the people. Under the Eo3'al Titles Act, 1876, her Majesty has further assumed the title of Empress of India. To these fundamental powers are added others, of scarcely less importance, which will be noticed in their proper place. II. The II. The Lords Spiritual and Temporal sit together, and The House LoTds!" jointly constitute the House of Lords, which is the second and public ■ 1. Lords branch of the legislature in rank and dignity. 1. The lords ^54^'/" ^'^'" " ' spiritual are the archbishops and bishops of the Church of -f "steon 0/ ■^ _ _ -^ _ -^ _ spiritual England having seats in Parliament by ancient usage and lords at by statute. Before the Conquest, the lords spiritual held a peer™ee' prominent place in the great Saxon councils, which they i'- ^^°- retained in the councils of the Norman kings : but the right, or tenure, by which they have held a place in Par- liament, since the Conquest, has not been agreed upon by constitutional writers. In the Saxon times, there is no doubt that they sat, as bishops, by virtue of their ecclesi- astical office : but, according to Selden and to Blackstone, William the Conqueror, in the fourth year of his reign, first brought the bishops and abbots under the tenure by barony .^ Lord Hale wap of opinion that the bishops sit by usage ; and Hallam maintains that the bishops of William the Conqueror were entitled to sit in his councils by the general custom of Europe, which invited the superior ecclesiastics to such offices, and by the common law of England, which the Conquest did not overturn.^ Their presence in Parliament, except during the Commonwealth,^ has been uninterrupted, and their right to sit there unquestioned, whatever nominal ' Tit. of Hon. part 2, s. 20 ; 1 their seats, after the Eestoration, iu Comm. p. 156. the Convention Parliament, but were ' 2 Middle Ages, 138; see also restored iu the next Parliament, by Stubbs, Const. Hist. i. 2.S0; ii. 169. statute 13 Car. II. c. 2. The four 191 ; Elsynge says, " ratione episco- bishops added to the House of Lords palis dignitatis et tenuraj;" Hody, at the Union, to represent the cpis- Treatise on Convocations, 126; see copal body of Ireland, were with also Burn, Eccl. Law, 216, et neq. drawn after the 1st January, 1871 » They were excluded by Act 16 on the disestablishment of the Irish Car. I. c. 27, and did not resume Church (32 & 33 Vict. c. 42). THE HOUSE OF LOEDS. 7 Chaptar I. changes may have been effected in the nature of their tenure. Places of There are two archbishops (of Canterbury and York) and bishops and . peers in the twenty-four of the English bishops having seats in Parlia- ^oMsc^see j^^^^i -gy ^j^^ ^^^ jq ^ ^^ y[q[^ c. 108, it was enacted, that the number of lords spiritual shall not be increased by the creation of the bishopric of Manchester ; and whenever there shall be a vacancy, by the avoidance of any one of the sees of Canterbury, York, London, Durham, or Winchester, or of any other see filled by the translation of a bishop already sitting, such vacancy shall be supplied by the issue of a writ of summons to the bishop elected to the same see : but if the vacancy be caused by the avoidance of any other see, such vacancy shall be supplied by the issue of a writ of summons to that bishop who shall not have previously become entitled to such writ; and no bishop elected to any see, not being one of the five sees above named, shall be entitled to a writ of summons, unless in the order and according to the conditions above prescribed. And similar provisions have been introduced into later acts, by which other bishoprics have since been created.^ A bishop may, under 32 & 33 Vict. c. Ill, resign his see, and there- with his seat in the House of Lords : but the coadjutor, his successor, does not acquire a title to sit in the upper house. Trial of 2. The lords temporal are divided into dukes, marquesses, 2. Loi\U 11.629. earls, viscounts, and barons, whose titles are of different "'"P"'^- degrees of antiquity and honour. The title of duke, though Dukes. first in rank, and a feudal title of high dignity in all parts of Europe in early times, is not the most ancient in this country. The title was first conferred, after the Conquest, by Edward III., upon his son Edward the Black Prince, whom he created Duke of Cornwall.^ ' The Bishop of Sodor and Man 54); Liverpool, Newcastle, Southwell, has no seat in Parliament. The late and Wakefield, 1878 (41 & 12 Vict. bishop, Lord Auckland, sat as a peer c. 68). amongst the barons. ' Selden, Tit. of Hon. part 2, s, 9. » St. Albans, 1875 (38 & 39 Vict. 29, &c. c. 34) ; Truro, 1876 (39 & 40 Vict. c. 8 THE HOUSE OF LORDS. Mar- Marquesses were originally lords of the marclies or chapter I. quesses. ijo^^gj-g^ a^jj(j (Jeriyed their title from that oiBce, which was anciently enjoyed without being attached to any distinct dignity in the peerage. The noblemen who governed the provinces on the borders of Wales and Scotland were called mareMones, and claimed certain privileges by virtue of their office: but the earliest creation of marquess, as a title of honour, was in the ninth year of Kichard II. Eobert de Vere, Earl of Oxford, was then created Marquess of Dublin for life ; and the rank assigned to him in Parliament, by right of this new dignity, was immediately after the dukes, and before the earls.^ Earif. The title of Earl, la England, is equivalent to that of the Eoman comes, or count in other countries of Europe. Amongst the Saxons there were ealdormen, to whom the civil, military, and judicial administration of shires was committed ; and that title was often used by writers indiffer- ently with comes, on account of the similarity of character and dignity denoted by those names.^ When the Danes had gained ascendancy in England, the ancient Danish title of eorle, which signified " noble by birth," and was also used to indicate a similar dignity, was gradually substituted for that of ealdorman. At the Norman Conquest the title of eorle, or earl, was in universal use, and was so high a dignity, that in the earliest charters of William the Con- queror, he styles himself, in Latin, "Princeps Norman- norum," and in Saxon, Eorle or Earl of Normandy. After the Conquest, the Norman name of count distinguished the noblemen who enjoyed this dignity, from whence the shires committed to their charge have ever since been called counties.^ In the course of time the original title of earl was revived : but their wives, and peeresses of that rank in ' Selden, Tit. of Hon. part 2, s. grave, Engl. C^m. 592, e< 8eg. 47; 3 Kot. Pari. 488. » Palgrave, Engl. Com. 11. 118. ' West, Inquiry into the Manner 326. 327; Kemble, Saxons in Eng- of creating Peers, 3. 4 ; Spelman on land, ii. 132 ; 2 Hallam, Middle Feuds and Tenures, 13 ; Eep. on Ages, 65, 9th ed. ; Selden, Tit. of Dignity of the Peerage, 1820, 17 ; Hon. part 2, s. 2 ; Rep. on Dignity Kembic, Saxons, ii. 131-150; Pal- of the Peerage, 86. THE HOUSE OF LORDS. 9 Chapter I. their own light, have always retained the French or Norman name of countesses. Between the dignities of earl and baron no rank inter- Viscounts vened, in England, until the reign of Henry VI. : but in France the title of viscount, as subordinate to that of count, was very ancient. In England, the title of viscount was first conferred upon John Beaumont, Viscount Beaumont, by Henry VI., in the eighteenth year of his reign ; and a place was assigned to him in Parliament above the barons.^ The rank and precedence of a viscount were more distinctly defined by patent, in the 23rd Henry VI., to be above the heirs and sons of earls, and immediately after the eark themselves. Barons are often mentioned in the councils of the Saxon Barons. kings, and in the laws of Edward the Confessor were classed with the archbishops, bishops, and earls : but the name bore different significations, and no distinct dignity was annexed to it, as in later times. After the Conquest, every dignity was attached to the possession of lands, which were held immediately of the king, subject to feudal services. The lands which were granted by William the Conqueror to his followers descended to their posterity; and those who held lands of the Crown per haroniam were ennobled by the dignity of baron. By the feudal system, every tenant was bound to attend the court of his immediate superior ; and hence it was the duty of the barons, as tenants in capite of the king, to attend the king's court or council : but although their obligation to attend the king's council was one of the services incident to their tenure, they received writs of summons from the king when their attendance was required. At length, when the lands became subdivided, and the tenants per haroniam were consequently more numerous and poor, some of them only were summoned by writ, and thus they were gradually separated- into greater and lesser barons : of whom the former continued to receive particular writs of summons from the king, and the latter a general summons only through the sheriffs. The feudal tenure of ' Selden, Tit. of Hon. part 2, ss. 19. 30. 10 THE HOUSE OF LORDS. the baronies afterwards became unnecessary to create the Chapter i. dignity of a baron, and the king's writ or patent, and occasionally an Act of Parliament, or creation " in pleno Parliamento," conferred the dignity and the seat in Parlia- ment.^ The condition of the lesser barons, after their separation from their more powerful brethren, will be pre- sently explained (see p. 15). Rcpresen- Qn the uniou of Scotland, in 1707, the Scottish peers Position of tative peers , . • i -r. . • i i^^'^'s and ofScotiand. were not admitted, as a class, to seats in the British representa- Parliament : but, in pursuance of the provisions of several ofScotlmJ statutes, they elect for each Parliament sixteen repre- "* *''" *""' ' •' ^ of peers, sentatives from their own body.^ The representative peers see p. G32. of Scotland enjoy all the privileges of Parliament, including the right of sitting upon the trials of peers ; and all peers of Scotland are peers of Great Britain, and have rank and precedency immediately after the peers of the like orders and degrees in England, at the time of the union, and before all peers of Great Britain of the like orders and degrees created since the union, and , are to be tried as peers, and enjoy all privileges as peers, except the right of sitting in Parliament, or upon the trials of peers.^ The Scottish peerage consists exclusively of the descendants of peers before the union, as no provision was made for any subsequent creation of Scottish peers by the Crown. An authentic list of the peerage was entered in the roll of p6ers, by order of the House of Lords, on the 12th February, 1708, to which other peerages have since been added by order of that house, when claims hare been established; and in order to prevent the assumption of dormant and extinct peerages, it is provided, by 10 & 11 Yict. c. 52, that no title standing in that roll, in right of which no vote has been given since 1800, shall be called over at an ' 3 Selden, "Works, 713-743; West, liameiit of Scotland, 5 Ann. c. 8; G Inquiry into the Manner of creating Ann. c. 23; 10 & 11 Vict. u. 52- Peers, 6. 14. 30. 31. 36. 70. 71 ; 3 Eep. 14 & 15 Vict. o. 87 ; 15 & 16 Vict'. Dign. of Peerage, 97, &c. ; 2 Hallam, c. 35. Middle Ages, 281. a Act of Union, 5 Ann. c. 8, ail ' Act of Union, 5 & 6 Ann. c. 8, xxiii. art. xxii. & xxiii.; Act of the Par- THE HOUSE OF LORDS. 11 Chapter I. election, without an order of the House of Lords. The House of Lords, when they have disallowed any claim, may also order that such title shall not be called over at any ftiture election. A Scotch representative peer, if created a peer of the United Kingdom, does not cease to be one of the representatives of the peerage of Scotland.^ Position of Under the Act for the legislative union with Ireland, And UCOfS of- Til Ireland at which came into operation in 1801, the Irish peers elect " ''" ' of peers, twenty-eight representatives for life from the peerage of see p. 632. Ireland.^ By that Act, the power of the Queen to add to the number of Irish peers is subject to limitation. She may make promotions in the peerage at all times ; but she can only create a new Irish peer as often as three of the peerages of Ireland, which were in existence at the time of the union, have become extinct.^ But if it should happen that the number of Irish peers, — exclusive of those holding any peerage of the United Kingdom, which entitles them to an hereditary seat in the House of Lords, — should be reduced to one hundred, then one new Irish peerage may be created as often as one of such hundred peerages becomes extinct, or as often as an Irish peer becomes entitled, by descent or creation, to an hereditary seat in Parliament. The object of that article of union was to keep up the Irish peerage to the number of one hundred, exclusive of Irish peers who may be entitled, by descent or creation, to an hereditary seat in the House of Lords of the United Kingdom.* The representative peers of Ireland are ' In the case of tlio Duke of " By the 45 & 46 Vict. c. 26, the Queensberry and the Eaii of Aher- period from the teste of the writs to corn, created peers of the United the return was reduced from fifty- Kingdom (13th Feb. 1787), the Lords two days to thirty days, resolyed that they therefore ceased ' See Fermoy Peerage case, 1856; to sit as Scotch representative peers, 140 H. D. 3 s. 698 ; 88 L. J. 150. 336. 26 Pari. Hist. 597; 37 L. J. 594. * Of late years, vacancies in the Lord Colville, of Culross, a repre- Irish peerage liave not been filled sentative peer of Scotland, created up. Eep. of Lords' Committee, 1874 ; a baron of the United Kingdom 9th July, 1875, and address to the during the Parliament of 1886-92, Queen ; 225 H. D. 3 s. 1210 ; Lord sat throughout the Parliament as Inchiquin's Irish Peerage Bills, 1876 baron, and as representative peer of and 1877 ; Lords' Pari. Eeturn, 1877, Scotland. No. 148. peerages. 12 THE HOUSE OF LOKDS. entitled to the privileges of Lords of Parliament, and all Chapter I. the peers of Ireland have privilege of peerage.^ They may- be elected as members of the House of Commons, for any place in Great Britain : but while sitting there, they do not enjoy the privilege of peerage,^ These, then, are the component parts of the House of Lords, of whom all peers and lords of Parliament, whatever may be their title, have equal voice in Parliament. By standing order No. 12 of the House of Lords, no peer is permitted to sit in the house until he is twenty-one years of age ; and by the Act of Union the representative peers of Scotland are required to be of full age.^ Life Life peerages were formerly not unknown in our constitu- tion;* and in 1856 her Majesty, having been advised to revive the dignity, with a view to improve the appellate jurisdiction of the House of Lords, created Sir James Parke, late one of the barons of the Court of Exchequer, by letters- patent. Baron Wensleydale, " for and during the term of his natural life." But the House of Lords referred these letters- patent to a Committee of Privileges, which, after examining all the precedents of life peerages, reported their opinion, " that neither the said letters-patent, nor the said letters- patent with the usual writ of summons issued in pursuance thereof, can enable the grantee therein named to sit and vote in Parliament." The house concurred in this opinion, and Lord Wensleydale, therefore, did not offer to take the oaths and his seat, but was shortly afterwards created an hereditary baron, in the usual form.^ The expediency of creating life peers, however, continued to be discussed ; ^ and, in 1876, three lords of appeal in ordinary were con- stituted by statute, enjoying the rank of baron for life, and the right of sitting and voting so long as they continue in office (see p. 49); ' See Coates 1). Lord HawarJen, 7 ' Eeport of Committee of Piivi- Bam. & Cr. 388. legea, 1856, No. 18; 140 H. D. 3 s. " Fourth art. of Union. 263. 1290 ; 1 May, Const. Hist. 231- = 5 Ann. o. 8, art. xxv. 8. 12. 299. ■■ See oases collected by Committee ' 142 H. D. 3 s. 780, &e. ; 143 ib. of Privileges, 1856. 428, &o. THE HOUSE OF LORDS. 13 Chapter I. The two estates of lords spiritual and lords temporal, Lords api- thus constituted, may originally have had an equal voice temporal in all matters deliberated upon, and had separate places for ["'j^ ""^ their discussion : but at a very early period they are found to constitute one assembly ; and for many centuries past, though retaining their distinct character and denominations, they have been, practically, but one estate of the realm. Thus the Act of Uniformity, 1st Eliz. c. 2, was passed by the queen, the lords temporal, and the commons, although the whole estate of the lords spiritual dissented. The lords temporal are the hereditary peers of the realm, whose blood is ennobled, and whose dignities can only be lost by attainder, or taken away by Act of Parliament : ^ but the bishops, not being ennobled in blood, are, as declared by the Lords' standing order No. 73, only lords of Parliament, and not peers. The votes of the spiritual and temporal lords are intermixed, and the joint majority of the members of both estates determine every question : but they sit apart, on separate benches, the place assigned to the lords spiritual being the upper part of the house, on the right hand of the throne. By constant additions to the peerage the number of members of the House of Lords, comprising the several orders, spiritual and temporal, of which it is constituted, has been raised to upwards of 500.^ The Souse III. The third estate is that of the Commons of the realm. ^ in. The of Commons rjij^^ ^^^^ q£ jj^gij. admission to a place in the legislature has commons. money, been a subject of controversy among historians and consti- ^*° ^ ' tutional writers ; of whom some have traced their claims up to the Saxon period, while others deny them any share in the government, until long after the Conquest. Without • 12 Eep. 107; 12 Mod. 56; 3 barons of the cinque porta and bur- Rep. Dig. Peerage, 93 ; 2 Burnet, gesses of the universities, were used Own Times, 202. in the writs and returns ; but by the ^ In February, 1892, there were Parliamentary and Municipal Elec- 553. Boll of Lords Spiritual and tions Act, 1872, these distinctions Temporal. 'were discontinued, and all are alike ' Until 1872, the ancient terms termed members, in the writs and of knights, citizens, and burgesses, returns. 14 THE HOUSE OF COMMONS. entering minutely into this subject, a brief statement will Chapter I. serve to unfold the ancient character of the House of Commons, and to render its present constitution the more intelligible. Saxon in- It is agreed by writers of learning and authority, that the stitutions. ^ ■, n i t -iii" Commons formed part of the great synods or councils before the Conquest : but how they were summoned or selected, and what degree of power they possessed, is a matter of doubt and obscurity. Under the Saxon kings, the forms of Shire- local government were undoubtedly popular. The shire- gemot was a kind of county Parliament, over which the ealdorman, or earl of the shirey presided, with the bishop, the shire-gerieve, or sheriff, and the assessors appointed to assist their deliberations upon points of law. A shire-gemot was held at least twice a year in every county, when the magistrates, thanes, and abbots, with all the clergy and landowners, were required to be present ; and a variety of business was transacted : but the proceedings of these assemblies generally partook more of the character of a court of justice, than of a legislative body. Witena- That the constitution of the w itena-gemot, or national council, was equally popular, cannot be afiSrmed with confi- dence. Although the smaller proprietors of land may not have been actually disqualified by law from taking part in the proceedings ; yet the distance of the council from their homes must practically have prevented them from attending. It has been conjectured that they were represented by their tithing men, and the inhabitants of towns by their chief magistrates : but no system of election or political repre- sentation, properly so called, can be distinctly traced back to that time. The clergy may have been virtually represented by the bishops and abbots, and the absent laity of each shire by the ealdorman, the sheriff, and such of the rich proprietors of land as may have been able to attend the gemot.^ The people may thus have been held to be present at the making of laws, and their name accordingly introduced into the ■ Kcmble, Saxons in England, ii. 193-201. THE HOUSE OF COMMONS. 15 Chapter I, records. That they were actually present on some occasions, is certain : but their right to attend, either by themselves or by elected representatives, is incapable of historical proof.^ But whatever may have been the position of the people in The the Saxon government, the Conquest, and the strictly feudal character of the Norman institutions, must have brought them completely under the subjection of their feudal supe- riors; and it is probable that the commonalty, as a class, were not admitted to any share in the national councils, until some time after the Conquest, but were bound by the acts of their feudal lords ; and that the Norman councils were formed of the spiritual lords, and mainly, if not ex- clusively, of the tenants in chief of the Crown, who held by military service.^ Origin of Consistently with the feudal character of the Norman Knights of parlia- .i i o i • i <. i i n i ^^"^ shire. mentary councils, the hrst Kuights of the shire are supposed to nave sefrv. 553. been the lesser barons, who, though still summoned to Parliament, gradually forebore to attend, and selected some of the richest and most influential of their body to represent them. The words of the charter of King John favour this position ; for it is there promised that the greater barons shall be summoned personally by letters from the king, and all other tenants in chief under the Crown by the sheriffs and bailiffs. The summons to the lesser barons being thus only general, no peculiar obligation of personal attendance was imposed ; and, as their numbers increased, and their wealth was subdivided, they were naturally reluctant to incur the charge of distant journeys, and the mortification of being held in slight esteem by the greater barons. This position receives confirmation from the ancient law of Scot- land,^ in which the small barons and free tenants were classed together, and jointly required to send representa- tives. To the tenants in chief by knight's service were Citizens and biir- > See Sir F. Talgrave's Englisli Sax. An. 1020; IngulfuB,863; Stubbs, gesses. -Commonwealth, 314. 631. 864-658, Const. Hist. i. 121. and Proofs, coxxix. ccclxxxv.; Turner, ^ Eep. Dignity of Peerage, 34. Hist, of the Anglo-Saxons, iii. 180. ^ 1427, c. 102. 184 ; Thorpe, Leg. Sax. i. 358 ; Chrou. 16 THE HOUSE OF COMMONS. added, from time to time, the representatives of the richer Chapter i. cities and boroughs ; and this addition to the legislature may be regarded as the origin of the Commons as a distinct estate of the realm in Parliament. It is not known at what time these important changes in the constitution of Parliament occurred, for no mention is made of the Commons, in any of the early records after the Conquest. William the Conqueror, in the fourth year of his reign, summoned, by the advice of his barons, a council of noble and wise men, learned in the law of England, and twelve were returned out of every county to show what the customs of the kingdom were : but this assembly, although, in the opinion of Lord Hale, it was "as sufficient and effectual a Parliament as ever was held in England," bore little resemblance to a legal summons of the commonalty, as an estate of the realm.^ After this period, the laws and charters of William and his immediate successors constantly mention councils of bishops, abbots, barons, and the chief persons of the kingdom, but are silent as to the Commons. But in the 22nd year of Henry II. (a.d. 1176), Benedict Abbas relates, that about the feast of St. Paul, the king came to Northampton, and there held a great council concerning the statutes of his realm, in the presence of the bishops, earls, and barons of his dominions, and with the advice of his knights and men. This is the first chronicle which appears to include the Commons in the national councils: but it would be too vague to elucidate the inquiry, even if its authority were of a higher order. And again, in the 15th of King John (a.d. 1213), a writ was directed to the sheriff of each county, " to send four discreet knights to confer with us concerning the affairs of our kingdom : " but it does not appear whether they were elected by the county, or picked, at pleasure, by the sheriff.^ Magna Two years afterwards, the great charter of King John Chai-ta of King John. 1 Hoveden, 343; 1 Hale, Hist, of '2 Prynne, Register, 16; see also tlie Common Law, 202 ; 2 Hallam, Palgrave, English Commonwealtb, Middle Age s, 146. chap. ix. THE HOUSE OF COMMONS. 17 Chapter I. defined the constitution of Parliament more clearly than any ~ earlier record. " The main constitution of Parliament, as it now stands,'' says Blaokstone, " was marked out so long ago as the seventeenth year of King John, a.d. 1215, in the great charter granted by that prince, wherein he promises to summon all archbishops, bishops, abbots, earls, and greater barons personally, and all other tenants in chief under the Crown by the sheriff and bailiffs, to meet at a certain place, with forty days' notice, to assess aids and scutages when necessary." Notwithstanding the distinctness of this promise, the Growth of charters of Henry III. omitted the engagement to summon timi."°" "" the tenants in chief by the sheriff and bailiffs; and it is doubtful whether they were summoned or not, in the early part of that reign. But a writ of the 38th year (a.d. 1254) is extant, which involves the principles of representation more distinctly than any previous writ or charter. It requires the sheriff of each county " to cause to come before the king's council two good and discreet knights of his county, whom the men of the county shall have chosen for this purpose, in the stead of all and each of them, to consider, along with the knights of other counties, what aid they will grant the king.''^ This, however, was for a particular occasion only ; and to appear before the council is not to vote as an estate of the realm. Moreover, the practice of summoning citizens and others before the council, for particular purposes, continued long after the regular summons of members to Parliament from cities and boroughs had commenced.^ Nevertheless, repre- sentation of some kind then existed, and it is interesting to observe how early the people had a share in granting sub- sidies. Another writ, in 1261, directs the sheriffs to cause knights to repair, from each county, to the king at Windsor.^ At length, in the 49th Henry III, (a.d. 1265), writs were issued to the sheriffs by Simon de Montfort, Earl of Lei- cester, in the king's name, directing them to return two knights for each county, and two citizens or burgesses for ' 2 Prynne, Eegiater, 23. Eep. Dig. Peerage. App. I. 450. 457. ''For instances in the reign of 458. 4G9. 474. 741; Eym. Feed. 186. Edward III. and Eichard II. see ' 2 Prynne, Eegister, 27. P. 18 THE HOUSE OF COMMONS. every city and borough ; and from this time may be clearly Chapter i. dated the recognition of the Commons, as an estate of the realm in Parliament ; ^ and there is evidence to prove that they were repeatedly assembled by Edward I., especially in the 11th, the 21st, 22nd, and 23rd years of his reign.^ Passing over less prominent records of the participation of the Com- mons in the government, the statute of 25th Edward I.," De tallagio non concedendo," must not be overlooked. It was there declared that " no tallage or aid shall be taken or levied by us or our heirs in our realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other freemen of the land." This statute acknowledges the right of the Commons to tax themselves ; and a few years later a general power of legislation was also recognized as inherent in them, A statute was passed in the 15th Edward II. (1322), which declares that "the matters to be established for the estate of the king and of his heirs, and for the estate of the realm and of the people, should be treated, accorded, and established in Parliament, by the king and by the assent of the prelates, earls, and barons, and the commonalty of the realm, according as had heen before accustomed." ^ It may be added, in conclusion, that during the reign of Edward III. the Commons were regu- larly mentioned in the enacting part of the statutes, having been rarely mentioned there in previous reigns.* Loi-as and So far the constituent parts of Parliament may be traced ; originally and the three estates of the realm originally sat together in chamber ^^^ chamber. When the lesser barons began to secede from personal attendance, as a body, and to send representatives, ' See Lord Lyttelton, Hist, of Hen. II. ii. 276; iv. 79, et seq.; Stubbs, Const. Hist. ii. 93. = See Table of Writs, Eep. Dig. Peerage, 489 ; Writs of Summons to Parliament, by Palgrave, 1827-1834 ; Parry, iParliaments and Councils of England, Intr.; and 49-69; Euff- head, Pref. to Statutes. The writ of the 22nd Edward I. is for knights only. Lord Colchester's Diary, iii. 27. 40. 47. 54-66. ^ 1 Const. Hist. 4, i;.; see also Guizot, Histoire des origines du Gou- Tcrnement Kepr&entatif en Etirope ; Sir Koger Twysden's Tract, Camden Soo. Pub. 1849; Stubbs, Const. Hist, chap, xiv.-xvi. * 2 Hallam, Middle Ages, 180; Hakewel, 101 ; Cotton, Abridgment, Pref. LORDS AND COMMONS IN ONE CHAMBER. 19 tihapter I. they Continued to sit with the greater barons as before : but when they were joined by the citizens and burgesses, who, by reason of their order, had no claim to sit with the barons, it is natural that they should have consulted with the other representatives, although they continued to sit in the same chamber as the Lords. The ancient treatise, " De mode tenendi Parliamentum," if of unquestioned autho- rity, would be conclusive of the fact that the three estates ordinarily sat together : but that when any difScult and doubtful case of peace or war arose, each estate sat separately, by direction of the king. But this work can claim no higher antiquity than the reign of Eichard II., and its authority is only useful so far as it may be evidence of tradition, believed and relied on at that period. Misled by its supposed authen- ticity. Sir Edward Coke and Elsynge entertained no doubt of the fact as there stated ; and the former alleged that he had seen a record of the 30th Henry I. (1130), of the degrees and seats of the Lords and Commons as one body ; and that the separation took place at the desire of the Commons.^ The union of the two houses is sometimes deduced from the supposed absence of a Speaker of the Commons in early times: but Sir Edward Coke is in error when he infers that the Commons had no Speaker so late as the 28th Edward I. ; ^ for in the 44th Henry III., Peter de Montfort signed and sealed an answer of the Parliament to Pope Alexander after the Lords, "vice totius communitatis." ^ Nor can any decided opinion be formed from the fact of Speakers of the Commons not havmg been mentioned in earlier times; for if they consulted apart from the Lords, a Speaker would have been as necessary to preside over their deliberations, as when a more complete separation ensued. The first Speaker of the Commons to whom that title was expressly given was Sir T. Hungerford, in the 51st Edward III. (ISTG)." ' 13 Howell, St. Trials, 1130. In 1377 Sir Peter de la Mare was ^ 4 Inst. 2. chosen Speaker, and is said in the ' Elsynge, 155 ; Hatewel, 200. Parliamentary History to be the first * 2 Kot. Pari. .374 ; 2 Hatsell, 212, on record. 1 Pari. Hist. 339. 349 ; 2 «.; 2 Hallam, Middle Ages, 190. Hatsell, 212. 20 LORDS AND COMMONS SEPAEATED. It appears from several entries in the rolls of Parliament Chapter I. in the early part of the reign of Edward III., that after the cause of summons had been declared by the king to the three estates collectively, the prelates with the clergy con- sulted by themselves ; the earls and barons by themselves ; and the Commons, and sometimes even the citizens and burgesses,^ by themselves ; and tliat they all delivered their joint answer to the king.^ The inquiry, however, is of little moment, for whether the Commons sat with the Lords in a distinct part of the same chamber, or in separate houses as at present, it can scarcely be contended that, at any time after the admission of the citizens and burgesses, the Commons intermixed with the Lords, in their votes', as one assembly. Their chief business was the voting of subsidies, and the bishops granted one subsidy, the -lords temporal another, and the Commons again a separate subsidy for themselves. The Commons could not have had a voice in the grants of the other estates; and althougli the authority of their name was used in the sanction of Acts of Parliament, they ordinarily appeared as petitioners. In that character it is not con- ceivable that they could have voted with the Lords ; and it is well known that down to the reign of Henry VI., no laws were actually written and enacted until the end of the Parliament. whensepa- Various dates have been assigned for the formal separa- tion of the two houses, some as early as the 49th Henry III.,^ and others so late as the 17th Edward III. : * but as it is admitted that they often sat apart for deliberation, parti- > In the 46th Edward III., after the for the safe conveying their ships Parliament had granted supplies, and and goods 28. on every tun of wine the petitions of the Commons- had imported or exported out of the been read and answered, the knights kingdom, and Gd. in the pound on of the shire had leave to depart, and all their goods and merchandise for writs for their wages and expenses ono year. — 2 Eot. Pari. 310. were made out for them by tlie chau- * Rot. Pari. 5 & 6 Edw. Ill • 4 cellor's order : but he commanded the Inst. 2 ; Elsynge, 102. citizens and burgesses to stay, who, ' Per Lord EUenborough in Bur- being again assembled before the dett v. Abbot, prince, prelates, and lords, granted * Cart. Hist. 451. LORDS AND COMMONS SEPAEATED. 21 Chapter I. cular instances in which they met in different places will not determine whether their separation, at those times, was temporary or permanent. When the Commons deliberated apart, they sat in the chapter-house of the abbot of West- minster; and they continued their sittings in that place, after their final separation.^ The number of members admitted to the House of Com- Number mons has varied considerably at different periods. In ad- commons dition to those boroughs which appear from the first to have ^^ '>>'''«''«'>'• returned burgesses to Parliament, many others had that privilege conferred upon them by charter, or by statute, in succeeding reigns; while some were omitted by the negligence or corruption of sheriffs, and others were dis- charged from what they considered a heavy burthen — the expense of maintaining their members. In the time of Wages of Edward III. 4s. a day were allowed to a knight of the shire, and 2s. to a citizen or burgess ; ^ and this charge was, in the case of poor and small communities, too great an evil to be compensated by the possible benefit of representation. In the reigu of Henry VI., there were not more than 300 members of the House of Commons, being about 25 more than in the reign of Edward I., and 50 more than in the reign of Edward III. The legislature added 27 for Wales,^ and four for the county and city of Chester,* in the reign of Henry VIIT., and four for the county and city of Durham, in the reign of Charles II. ; ^ while 180 new members were added by royal charter between the reigns of Henry VIII. and Charles II.'' Forty-five members were assigned to Scotland, as her pro- Union of portion of members in the British Parliament, on the union ^ni he- of that kingdom with England ; and one hundred to Ireland '^'"^• ' Elsynge, 101; 1 Pari. Hist. 91; 377. 2 Bot. Pari. 289. 351. On the re- " i Inst. 16; Prynne, 4th Register, storation of the Palace of West- pp. 5.3. 495. minster after the fire, 16th Oct. 1834, ' 27 Hen. VIII. c. 26. the Ohambera allotted to the Houses * 34 Hen. VIII. c. 13. of Parliament were first used by the ' 25 Oar. II. u. 9. Lords, 13th April, 1847: by the » Christian's Notes to Blaokstone ; OommonB, 30th May, 1850, 105 C J. 2 Hatsell, 413. 22 EEFOKM ACTS. at the commencement of the present century, wlien her chapter I. Parliament became incorporated with that of the United Kingdom. By these successive additions the number was increased to 658 ; and notwithstanding the changes effected in the distribution of the elective franchise by the Eeform Acts in 1832, that number continued unaltered, except by the disfranchisement of certain cities and boroughs for cor- ruption, until the year 1885, when the number of the house was raised to 670 by the operation of the Redistribution of Seats Act, 1885 (see p. 23). The reprc- The object of the English Reform Act of 1832, as stated sentation j^ ^.jjg preamble, was to correct divers abuses that had long and Wales, prevailed in the choice of members. The right of returning members was taken from many inconsiderable places, and granted to large, populous, and wealthy towns. The number of knights of the shire was increased, and the elective fran- chise was considerably extended. To effect these changes, 56 boroughs in England and Wales were entirely disfranchised, and 30, which had previously returned two members, were restricted to one member; while 42 new boroughs were created, of which 22 were each to return two members, and 20 a single member. Several small boroughs in Wales were united for the purpose of contributing to return a member. The result of these and other local arrangements, which it is not necessary to describe, was that the two universities and the several cities and boroughs contribxited 341 citizens and burgesses for England and Wales. By the Reform Act of 1867, the boroughs of Totnes, Reigate, Yarmouth, and Lancaster were disfranchised ; 38 boroughs previously returning two members were reduced to one. Manchester, Liverpool, Birmingham, and Leeds each received a third member ; Merthyr Tydfil and Salford each a second member ; the Tower Hamlets were divided into two boroughs, each returning two members; 10 new boroughs were created, of which Chelsea returned two members, and every other borough one only. By these arrangements the representatives for boroughs were reduced EEFOEM ACTS. 23 Chapter I. by 26 ; and the University of London became entitled to ' return one member. But before this Act came into opera- tion, seven English boroughs, viz. Arundel, Ashburton, Dart- mouth, Honiton, Lyme Eegis, Thetford, and Wells, were disfranchised by the Scotch Eeform Act of 1868, and the seats added to Scotland. Several of the counties were divided, by the Eeform Act of 1832, into electoral districts or divisions, by which the number of knights of the shire was increased to 162 j and by the Act of 1867, 13 counties were further divided, and received an addition of 25 members. By the Eedistribution of Seats Act, 1885, the representation of England and Wales was subjected to the following rearrangement : 53 counties, in 253 divisions, return 253 members ; 143 cities and boroughs, in 215 divisions, return 237 members; 3 universities return 5 members ; making a total number of 495 for England and Wales. The number of members for Scotland was increased by For Scot- the Scotch Eeform Act of 1832 ^ from 45 to 53 ; 30 of whom '''"''■ were commissioners of shires, and 23 commissioners of burghs, representing towns, burghs, or districts of small burghs. By the Eeform Act of 1868, the number of members for Scotland was increased to 60 ; three new members being given to shires, two to the universities, and two to cities and burghs; and under the Act of 1885 Scot- land returns for 34 counties, in 39 divisions, 39 members ; for 7 cities and towns, 18 members; for 13 districts of burghs, 13 members ; for 4 universities, 2 members ; making a total number of 72 members for Scotland. By the Irish Eeform Act of 1832,^ the number of repre- And sentatives for Ireland in the Imperial Parliament was in- creased from 100 to 105;' 64 being for counties, 39 for cities and boroughs, and two for the University of Dublin. By the Irish Eeform Act of 1868, no change was made in the number of members representing that part of the United Kingdom, nor in the distribution of seats : but the two disfranchised boroughs of Sligo and Cashel were left > 2 & 3 Will. IV. c. 65. ' lb. c. 88. 24 EEFORM ACTS. without representation ; and under the Act of 1885 Ireland chapter I. returns for 32 counties, 85 members ; for 9 cities and boroughs, ■ 16 members ; for 1 university, 2 members ; making a total number of 103 members for Ireland. Constitu- The classes of persons by whom these representatives are EngUsh elected may be described, generally, in few words, if the counties, jg^^j questions connected with the franchise, which are both numerous and intricate, be avoided. To begin with the English counties. Before the 8th Henry VI. all free- holders or suitors present at the county court ^ had a right to vote (or, as is affirmed by some, all freemen) : but by a statute passed in that year (c. 7), the right was limited to " people dwelling and resident in the same counties, whereof every one of them shall have free land or tenement to the value of 40s. by the year, at the least, above all charges." By the Eeform Act of 1832 this franchise of a 40s. freehold of inheritance was not disturbed: but limitations were imposed upon freehold tenures for life. No person, if not seised at the passing of the Act, was entitled to vote in respect of such tenures, unless he was in hond fide occupa- tion of lands and tenements, or unless they came to him by marriage, marriage- settlement, devise, or promotion to any benefice or office, or unless they were of the clear yearly value of lOZ., which value was reduced to 5Z. by the Reform Act of 1867. Copyholders having an estate of lOZ. a year ; leaseholders of land of that value whose leases were origin- ally granted for 60 years ; leaseholders of 50Z., with 20 years' leases ; and tenants-at-will occupying lands or tenements paying a rent of not less than oOZ. a year, had the right of voting conferred upon them by the Eeform Act of 1832 ; and the Act of 1867 reduced the franchise of copyholders and leaseholders from lOZ. to bl., and the occupation franchise from 50Z. to 12Z. Of cities In cities and boroughs the right of voting formerly varied boroughs, according to the ancient custom prevailing in each. With certain modifications, some of these ancient rights were re- tained by the Eeform Act of 1832, as that of freemen, and • See Act 7 Hen. IV. c. 15. REFORM ACTS. 25 Chapter I. other corporate qualifications : but all occupiers of houses of ■ the clear yearly value of lOl. were enfranchised by that Act. The Eeform Act of 1867 extended the borough franchise to all occupiers of dwelling-houses^ who have resided for twelve months on the 31st July, in any year, and have been rated to the poor rates as ordinary occupiers, and have, on or before the 20th July, paid such rates up to the preceding 5th January ,2 and to lodgers who have occupied, for the same period, lodgings* of the annual value, unfurnished, of 101. By the 32 & 33 Vict. c. 41, owners may pay the rates upon houses under 20Z., without disqualifying the occupier ; and vestries may rate the owner instead of the occupier. The Scotch Eeform Act of 1832 reserved the rights of la Scot- all persons then on the roll of freeholders of any shire, or *° ' who were entitled to be put upon it, and extended the franchise to all owners of property of the clear yearly value of lOZ., and to certain classes of leaseholders. In cities, towns, and burghs, the Act substituted a lOZ. household franchise for the system of electing members by the town councils, which had previously existed. By the Scotch Reform Act of 1868, the county franchise was extended to owners of lands and heritages of 51. yearly value, and to occupiers of the rateable value of 14Z. ; and the borough franchise to all occupiers of dwelling-liouses paying their rates ; and to tenants of lodgings of 101. clear annual value, unfurnished. In Ireland various classes of freeholders and leaseholders in Ireland. were invested with the county franchise, by the Eeform Act of 1832, to whom were added, by the 13 & 14 Vict. c. 69, occupiers of land, rated for the poor rate at a net annual value of 121. ; and persons entitled to estates in fee, or in tail, or for life, of the rated value of 51. And by the latter Act, in addition to the borough constituency under the Reform Act, the occupiers of lands or premises rated at ' Dwelling-house defined by 41 Scotland). & 42 Viot. c. 26, s. 5 ; and see 41 & « 30 & 31 Vict. o. 102, s. 3. 42 Viot. CO. 3 and 5 (House Oocu- ' Lodgings more fully defined by piers' Disqualification, England and 41 & 42 Vict. c. 26, ss. 5, 6. tion, 26 REFORM ACTS. 81. were entitled to vote for cities and boroughs. By the chapter I. Irish Eeform Act of 1868, the borough franchise was extended to occupiers of houses rated at 4Z., and of lodgings of the annual value of 101. unfurnished. No change was made in the qualification of county voters. By the Eepresentation of the People Act, 1884, 48 Vict, c, 3, a uniform household franchise, and a uniform lodger franchise are established in all counties and boroughs throughout the United Kingdom. The franchise is also extended to those who inhabit dwelling-houses by virtue of any oflSce, service, or employment ; and the county and borough 101. occupation franchise is substituted, in the counties, for the 121. rateable value occupation franchise of 1867, and, as regards boroughs, for the 101. occupation franchise of 1832.1 Registra- By whatever right these various classes of persons claim to vote, either for counties or for cities and boroughs, it is necessary that they shall be registered in lists prepared by the overseers of each parish. On certain days courts are held, by barristers appointed by the Lord Chief Justice of England and the Senior Judge of each Summer Circuit, to revise these lists, when claims may be made by persons omitted, and objections may be offered to any name inserted by the overseers. If an objection be sustained, the name is struck off the list ; and the claimant will have no right to vote at any ensuing election unless he shall succeed, at a subsequent registration, in establishing his claim: but, in certain cases, there is an appeal to the Queen's Bench Division of the High Court of Justice from the decisions of revising barristers ; ^ and the register is corrected in accordance with the judgment of that court. The last change which took place in the law relating to registration was effected by the Eegistration Act, 1885. The chief peculiarity of this Act is the extension of the borough system of registration to counties, the far greater ' Stephen's Blaokstone, ed. 1890, = 2 & 3 Will. IV. c. 45 ; 6 & 7 Vict, ii. 364; Eogers on Eleotione, 15th c. 18; 41 & 42 Vict. c. 26. od. part i. xxx. ELECTIVE FRANCHISE. 27 Chapter I. minuteness with which the duties of overseers are defined, and the elaborate instructions and directions given to them in the precepts in the schedules of the Act.^ It has not been attempted to explain, in detail, all the Qualifica- distinctions of the elective franchise ; neither is it proposed voters. to state all the grounds upon which persons may be dis- qualified from voting. Aliens, persons under twenty-one years of age, of unsound mind, in receipt of parochial relief, or convicted of certain offences, are incapable of voting. Many officers, also, concerned in the collection of the revenue were formerly disqualified : but by recent statutes all these disabilities have been removed.^ The legal qualifications and disqualifications for sitting Property and voting in Parliament may now be briefly enumerated, tion \i The property qualification which, since the reign of Queen ^g^^^ed Anne,® had been required for members sitting for places in England and Ireland, was in the year 1858 abolished by the Act 21 & 22 Vict. c. 26. Formerly it was necessary that the member chosen Qualifica- should himself be one of the body represented.* The law, auquaUH- however, was constantly disregarded, and in 1774 was re- '=*''°°5- pealed.® An alien is disqualified to be a member of Aliens. either House of Parliament.^ The Act 12 & 13 Will. III. c. 2, declared that "no persons born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging (although he be naturalized or made a denizen, except such as are born of English parents), shall be capable to be of the privy council, or a member of either House of Parliament." The 1 Geo. I. stat. 2, c. 4, in order to enforce the provisions of the Act of William, required a special clause of disqualification to be inserted in every Naturalization Act : but as no clause of this nature could bind future Parliaments, occasional exceptions were ' Rogers on Elections, 15th ed. 20; 1 & 2 Vict. c. 48. part i. xxxiv. " 1 Peck. 19; 1 Hen. V. c. 1; 8 ' By Acts 31 & 32 Vict. e. 73, and Hen. VI. c. 7 ; 10 Hen. VI. c. 2 ; 23 37 & 38 Vict. 0. 22, revenue officers Hen. VI. c. 15. were restored to the right of voting. ' 14 Geo. III. c. 58. ' By 9 Anne, c. 5; 33 Geo. 11. c. « 7 & 8 Vict. c. 66, s. 6. 28 QUALIFICATIONS OF MEMBERS. Minors. Members already sitting. permitted, as in the cases of Prince Leopold in 1816, and Chapter i. Prince Albert in 1840 ; ^ and this provision of the 1st George I. was repealed by the 7 & 8 Vict. c. 66, s. 2. Later Naturalization Acts have since been passed, without such a disqualifying clause.^ And by the 33 & 34 Vict, c. 14, an alien to whom a certificate of naturalization is granted by the Secretary of State, becomes entitled to all political and other rights, powers, and privileges, and is subject to all the obligations of a British subject.' By standing order No. 12, the Lords prescribe that no lord under the age of twenty-one years shall sit in their house. By the 7 & 8 Will. III. c. 25, s. 8, a minor was disqualified to be elected to the House of Commons. Before the passing of that Act, several members were notoriously under age, yet their sitting was not objected to. Sir Edward Coke said that they sat " by connivance : but if questioned would be put out ; " * yet on the 16th December, 1690, on the hearing of a controverted election, Mr. Trenchard, though admitted by his counsel to be a minor, was declared upon a division to be duly elected.^ And even after the passing of the Act of Will. III., some minors sat " by connivance." Charles James Fox was returned for Midhurst when he was nineteen years and four months old, and sat and spoke before he was of age ; ^ and Lord John Eussell was re- turned for Tavistock a month before he came of age.'' By the law of Parliament a member already returned Forpro- for one place, is ineligible for any other, until his first seat "gardiJg'the is vacated ; and hence it is the practice for a member, ^X'^gm;- desiring to represent some other place, to accept the Chiltern *"'•» -S«n- dreds, see p. • In 1765 the judges were unani- kow's Act, 1868; De Virte's and ^^S. mously of opinion, "That an alien married to a King of Great Britain is, by operation of the law of the Crown (which is part of the common law), to be deemed as a natural-born person from th« time of such mar- riage, so as not to be disabled by the Act 12 Will. III." 31 L. J. 174. ' Lowther's Naturalization Act, 1866; Eischoffsheim, Baron de Fer- rieres, and Lange's Acts, 1867; Bolc- Mackay's Acts, 1877; Eamingen's Act, 1880, ' See also 33 & 34 Vict. u. 102; 35 & 36 Vict. 0. 39. * 10th March, 1623; 1 C. J. 681. » 2 Hatsell, 9 ; IOC. J. 508 ; see, however, the case of Sir Wilfred Lawson, 1717, 18 C. J. 672. ° 1 Memorials of Fox, 51. ' Earl Eussell, Keoolleotions and Suggestions. DISQUALIFICATIONS OF MEMBERS. 29 Chapter I. Hundreds, or other similar office under the Crown, in order to render himself eligible at the election. Mental imbecility is a disqualification ; and should a Mental member, who was sane at the time of his election, afterwards become a lunatic, his seat may be dealt with under the provisions of the Lunacy Vacating of Seats Act, 1886 (see p. 600).^ English peers are ineligible to the House of Com- Peers and mons, as having a seat in the upper house ; and Scotch peers, as being represented there, by virtue of the Act of Union : ^ but Irish peers, unless elected as one of the representative peers of Ireland, may sit for any place in Great Britain.^ The English, Scotch, and Irish judges are disqualified,* together with the holders of various offices particularly excluded by statutes.^ A large class of offices which in- Offices. capacitate tlie holders for Parliament are neiv offices, or places of profit under the Crown, created since the 25th October, 1705," as defined by tlie 6 Anne, c. 41, s. 24; and also new offices in Ireland under the 33 Geo. III. c 41. Offices under the Crown, see p. 603. Disqualifi- cations, see also p. 604. ' For the law on this subject prior to 1886, Bee D'Ewee, 126 ; 1 C. J. 75 ; Mr. Alcook's case, 1811; 66 ib. 220. 265. App. (687). Tliere is a curious entiy in the Journal of 14th Feb., 1609, "Ha3sard — C9 — incurable— bed-rid— a new writ;" 1 ib. 392; case of Mr. A. Steuart, 162 H. D. 3 s. 1941 ; Rogers on Elections, part ii. 16th ed. pp. 3. 62. ' The provisions of the law are sufficiently distinct upon that point ; and there are numerous precedents of new writs issued in the room of members becoming peers of Scotland ; e.g. Earl of Dysart, 10th Nov. 1707 ; Lord Galloway, 13th Jan. 1774 ; Earl of Lauderdale, 22nd Jan. 1790; Earl of Bglinton, 3rd Nov. 1796; Mar- quess of Queensberry, 3rd Feb. 1857, &c. ' Act of Union, 39 & 40 Geo. III. .;. 67. , * The English judges by the law of Parliament, 1 C. J. 257 ; and by the Judicature Act, 1873, s. 9 ; and Judicature Act Amendment Act, 1875, s. 5; the Scotch judges, by 7 Geo. II. c. 16; the Irish judges, by 1 & 2 Geo. IV. c. 44 ; the judge of the Admiralty Court, by 3 & 4 Vict. c. 66; see Debate on tlie Judges' Exclusion Bill, 1st June, 1853. The Master of the Rolls alone enjoyed an exemption from this disability until the passing of the Judicature Act, 1873 ; Recorders (see p. 61 2). ' That all the special disqualifica- tions for Parliament cannot be enu- merated within the limits of this chapter, will be believed, when it is stated that they were to be collected from at least 116 statutes. See Pamphlet by the Author, on the Consolidation of the Election Laws, 1850 ; see also Index to Statutes, by Statute Law Committee, tit. House of Commons, 2 (a), (b). " Mr. Whittle Harvey's case, 94 C. J. 48; Major Jarvis, 1866; Mr. Forsyth's case, Counsel to Secretary of State for India, 1866, 121 ib. 220, 30 DISQUALIFICATIONS OF MEMBERS. The holders of certain pensions from the Crown are dis- chapter i. Pensions, qualified by statute.^ But pensions granted under 4 & 5 Will. IV. c. 24 and 22 Vict. c. 26, for civil and diplomatic services, do not disqualify the holders from being elected, or sitting and voting (see p. 612). Sheriffs .and The sheriff of a county is not eligible for that county : For the officers."^ nor is a returning officer capable of being elected for his of the re- own city or borough.^ By the Scotch Eeform Act, 1832 '^^^^^^^^ (s. 36), no sheriff substitute, sheriff clerk, or deputy sheriff P- '°^^- clerk is entitled to be elected for his own shire ; nor any town clerk, or deputy town clerk, for his own city, borough, town, or district. Clergy. By the 41 Geo. III. c. 63, which arose out of Mr. Home Tooke's election, it is declared that " no person having been ordained to the office of priest or deacon, or being a minister of the Church of Scotland, is capable of being elected;" and that if he should sit or vote, he is liable to forfeit 500?. for each day, to any one who may sue for the same.* The Eoman Catholic clergy were also excluded by 10 Geo. IV. c. 7, s. 9. But by the 33 & 34 Vict. c. 91, when a person has relinquished in due form his office of priest or deacon in the Church of England, he is discharged from all dis- abilities and disqualifications, including that of 41 Geo. III. c. 63, and is therefore eligible to sit in Parliament. Contrac- Government contractors, being supposed to be liable to the influence of their employers, are disqualified from serving in Parliament. The Act 22 Geo. III. c. 45 declares &« a'so that any person who shall, directly or indirectly, himself, cated, p' or by any one in trust for him, undertake any contract with ^'^'^' a government department, shall be incapable of being elected, or of sitting or voting during the time he shall hold such contract, or any share thereof, or any benefit or ' 6 Anne, c. 41, s. 24; 1 Geo. I. = Mr. Home Tooke was excepted stftt. 2, c. 56. from the Act; 35 Pari. Hist. 1343. * Eogers on Elections, part ii. 1402. 1414. 1542. 1544. For the 16th ed. p. 5; 2 Hatsell, 30-34; 4 former law on this subject, see 8 C. J Dougl. 87. 123 ; 9 C. J. 725 (Thetford 311. 346 ; 1 ib. 27 (13th Oct. 1553) ; 1 Case) ; Wakefield Case, Barron & ib. 513 (8th Feb. 1620) ; 2 Hatsell 12 Austin, 295. ' tors, , con- tractors. DISQUALIFICATIONS OF MEMBERS. 31 Chapter I. emolument arising from the same : but the Act does not affect incorporated trading companies, contracting in their corporate capacity. The penalties for violations of the Act are severe. A contractor sitting or voting is liable to forfeit 500Z. for every day on which he shall sit or vote, to any person who may sue for the same ; and every person against whom this penalty shall be recovered, is incapable of holding any contract. The Act also imposes a penalty of 5001. upon any person who admits a member of the House of Commons to a share of a contract.^ The Act 41 Geo. III. c. 52 disqualifies in the same manner, and under similar penalties, all persons holding contracts with any of the government departments in Ireland. But the provisions of these Acts have been held not to Loan ( apply to contractors for government loans. In June, 1855, ' the attention of the house was directed to the fact that Messrs. Eothschild had entered into a contract with the government for a loan of 16,000,000?. for the public service ; and a committee was appointed to inquire whether Baron Lionel Nathan de Eothschild, who was a partner in that house, had vacated his seat by reason of this contract. The committee, after hearing Baron Eothschild by counsel, re- ported their opinion that there was no contract, agreement, or commission between Messrs. E. and the Treasury within the true intent and meaning of the 22 Geo. III. c. 45;^ and a clause to this effect has been introduced into the Acts since passed for raising loans. By the Bankruptcy Act, 1883, ss. 32, 33, if a member of Bankrupts the House of Commons is adjudged bankrupt, he is incapable House of of being elected to or of sitting or voting in the house, or on Commons. any committee thereof, until the adjudication is annulled, or until he obtains from the court his discharge, with a certi- ficate to the effect that his bankruptcy was caused by misfortune, without any misconduct on his part. If the dis- qualifications imposed by the Act are not removed within six months from the date of the order, the court is required ' See Keporf, 15th March, 1869, = 110 C. J. 325; Report, 1855 on case of Sir Sydney Waterlow. (101). 32 DISQUALIFICATIONS OF MEMBERS. to certify the bankruptcy to the Speaker : the seat of the Chapter I. member thereupon becomes vacant ; and, if the house be then sitting, a new writ is issued ; ^ or if the Speaker receives the certificate during a parliamentary recess, he issues his warrant for a new writ to supply the vacancy which the bankruptcy has created (see p. 600). As no penalty attaches to a bankrupt for sitting and voting, and as no official notice of his bankruptcy is required to be given to the Speaker for six months, a bankrupt member may sit with impunity, unless the house take notice that he is incapable of sitting and voting, and order him to withdraw.^ The disqualifica- tion created by the Bankruptcy Act, 1883, s. 32, is, by the Bankruptcy Act of 1890, s. 9, limited to the period of five years from the date of a discharge under either Act. Bank- These Bankruptcy Acts do not extend to Scotland or Scotland Ireland, except so far as regards persons adjudicated bankrupt UnV"^* in England : but the provisions of ss. 32 and 33 are, with modifications framed to meet the bankruptcy procedure of Scotland, applied, by 47 & 48 Vict. c. 16, to persons who have been adjudged bankrupt in Scotland. Members who become bankrupt in Ireland are subject to the provisions of 52 Geo. III. c. 144, and 35 & 36 Vict. c. 58, s. 41, regarding the incapacity of a member from sitting and voting, which in effect resemble the provisions of the Bankruptcy Act of 1883, except that the certificate of the court and consequent vacancy of the seat is postponed until one year after the bankruptcy. A person adjudged bankrupt, in England or Scotland, accordingly is ineligible as a member for any constituency; whilst a person adjudged bankrupt under the law in force in Ireland, is capable of being elected by any constituency ; though it would seem, judging by the language of s. 43 of 35 & 36 Vict. c. 58, that such a person could not be re-elected to the parliamentary seat of which he had been deprived by bis bankruptcy.* ' See 85 C. J. 3, for the form of June, 1858, 113 C. J. 229. proceeding in such oases. ' See Rogers, 16th ed. part ii. p = See the proceedings taken on the 28 ; ■Williams, Bankruptcy Practice bankruptcy of Mr. Townsend, 15th 5th ed. 93. ' DISQUALIFICATIONS OF MEMBERS. 33 Chapter I. A debtor adjudged bankrupt is by the Bankruptcy Act, Bankrupt 1883, s. 82, disqualified for sitting and voting in the House ^°°'^^' of Lords, or on any committee thereof, or being elected as a peer of Scotland or Ireland, to sit and vote in the House of Lords : though the disqualification can be removed if the adjudication is annulled, or if the bankrupt obtains his dis- charge, with a certificate that the bankruptcy was caused by misfortune, and not by misconduct. In England a peer becomes bankrupt when an order has been made under any Act adjudging him a bankrupt : in Scotland, when seques- tration of his estate has been awarded : in Ireland, when he is adjudged bankrupt. When a bankruptcy has been deter- mined in the manner prescribed by the law, these disqualifi- cations cease. The seat of a representative peer for Scotland and Ireland, unless his bankruptcy is determined within one year, is vacated at the end of the year, and a new election is to be held. The court certifies the bankruptcy to the Speaker of the House of Lords, and the Clerk of the Crown ; and a writ of summons is not to be issued to any peer for the time being disqualified: but a disqualified peer is not deprived of his privileges of peerage, or entitled to be elected to or to sit in the House of Commons.^ Privilege, By the Bankruptcy Disqualification Act, 1871, ss. 6, 7, ruptey, 8, a disqualified person who sits or votes in the House of Lords, or attempts to sit or vote, is guilty of a breach of privilege; and by the Bankruptcy Act, 1883, s. 124, and the Bankruptcy (Ireland) Amendment Act, 1873, s. 40, if a person having privilege of Parliament commits an act of bankruptcy, he may be dealt with as if he had not such privilege. A person attainted,^ or adjudged guilty,^ of treason or Persons at- tainted. ' Applications of the Act to peers, O'D. Kossa was convicted under the 9th and 25th April, 1872, 104 L. J. Treason-Felony Act, 11 & 12 Vict. o. 138. 206 ; Ith and 25th June, 1872, 12, it was contended that, not being ib. 321. 322. 342. 429. In the case, attainted, there was no disqualifi- 27th Jan. 1881, the certificate was cation; but the house determined rescinded, 113 ib. 24. 140. that J. O'D. K. " having been ad- ' Lord Coke, 4th Inst. 47. judged guiltyof felony, and sentenced ^ W. Smith O'Brien, 1849 ; O'Do- to penal servitude for life, and being novan Eossa, 10th Feb. 1870. As now imprisoned under such sentence, P. D 84 DISQUALIFICATIONS OF MEMBEES. Mode of elect] OD, felony, and not having endured the punishment to which he Chapter I. was adjudged, or received a pardon,^ is distiualified : but an indictment for felony causes no disqualification until con- viction ; ^ and even after conviction a new writ will not be issued, when a writ of error is pending, until the judgment has been affirmed.^ These are the chief but not the only grounds of disqualifi- cation for sitting in the House of Commons ; as for instance, at an election a person may be disqualified for being elected, by reason of corrupt practices committed at an election previous thereto (see p. 621).^ To these explanations concerning the persons of whom Parliament is composed, it is not necessary to add any par- ticulars as to the mode of election ; further than that the elections are held by the sheriffs or other returning ofScers, in obedience to the Queen's writ out of Chancery,' and are has become, and continues incapable of being elected or returned as a member of tbis house." ' Case of John Mitohel, 18th Feb. 1875 ; Acts 9 Geo. IV. o. 32, b. 3 ; 9 Geo. IV. u. 54, s. 33; 33 & 34 Vict. i>. 22, B. 2 ; Pari. Paper, No. 50, 1875; 222 H. D. 8 s. 493. John Mitohel having been re-elected, after a contest, a petition was filed against his return, and praying for the seat, when tbis ground of disqualification was confirmed by the Court of Com- mon Pleas in Ireland, and the pe- titioner, who had given due notice of the disqualification, was seated as member for Tipperary ; 3 O'Malley & Hardcastle, Eeports, 37; case of Michael Davitt, 28th Feb. 1882; 137 C. J. 77; Hans. Deb. 27th and 28th Feb. 1882. ' 21st Jan. 1580; 1 C. J. 118. 119. " Case of Mr. S. O'Brien, 104 lb. 319. * See Eogers on Elections, part ii. 16th ed. 31. ' By 16 & 17 Vict. o. 68, writs are now directed to the returning officers of boroughs instead of to the sheriEf of the county. The poll at the Uni- versities is also restricted to five days. By 24 & 25 Vict. c. 53, amended by 31 & 32 Vict. c. 65, voting papers are allowed in University elections. By 16 Vict. 0. 15, o. 28, the poll at county elections in England and Wales and Scotland, was reduced to one day. By 25 & 26 Vict. oc. 62 and 92, similar provision was made for Ireland. By the Parliamentary and Municipal Elections Act, 1872, a new form of writ was introduced, and the present mode of conducting elections, and the several duties of returning officers, are prescribed. On the 27th Feb. 1880, a new writ was issued for West Norfolk. On the previous day, the Queen in Coun- cil had pricked the list of sheriffs for the year ; and by the post Which bore the writ to Norwich, was de- spatched the warrant to the new sheriff. Meanwhile, however, the outgoing sheriff received the writ and endorsed it, and a question arose whether it should be executed by the outgoing or the incoming sheriff. On reference to the 3 & 4 Will. IV. MODE OP ELECTION. 35 Chapter I. determined by the majority of registered electors. By the Parliamentary and Municipal Elections Act, 1872, the public nomination of candidates was discontinued, and the votes of electers are taken by ballot. In the case of a county, the Eeturning Officer is to give notice of the day of election within two days after he receives the writ, and in a borough, on the day on which he receives the writ, or the following day. In the case of a county or district borough election. Casting the day of election is to be fixed by the Eeturning Officer, TeHrning ^^^ later than the ninth day after the day on which he officer, see receives the writ, with an interval of not less than three p. 615. ' clear days between the day on which he gives the notice and the day of election ; and in a borough, not later than the fourth day after the day on which he receives the writ, with an interval of not less than two clear days between the notice and the election.^ In counties, or district boroughs, the poll is to be taken not less than two, nor more than six clear days after the nomination ; and in boroughs, not more than three clear days after the nomination. In reckoning time for all election proceedings, Sunday, Christmas Day, Good Friday, and public fast and thanksgiving days are to be excluded.^ c. 99, s. 9, it was held that the iu- ' Ballot _Act 1872, 1st Schedule, coming sheriff should execute the bs, 1. 2. writ, and he was at once sworn in ^ lb. sect. 56. for that purpose. 36 POWER AND JURISDICTIOK Chapter CHAPTER II. II. POWER AND JURISDICTION OF PARLIAMENT. TMe_of^^ see p. iviii. Legislative The legislative authority of Parliament extends over tlie of pS United Kingdom, and all its colonies and foreign posses- ment, col- g^^^g . g^^^ there are no other limits to its power of making leot.veiy. ^^^^ ^^^ ^^^ ^^^^^ empire than those which are incident to all sovereign authority— the willingness of the people to obey, or their power to resist. Unlike the legislatures of many other countries, it is bound by no fundamental charter or constitution : but has itself the sole constitutional right of establishing and altering the laws and government of the empire. In the ordinary course of government, Parliament does not legislate directly for the colonies ; and the introduction of responsible government has necessarily limited the occa- sions for such legislation. For some colonies the Queen in council legislates, while others have legislatures of their own, which propound laws for their internal government, subject to the approval of the Queen in council : but these may afterwards be repealed or amended by statutes of the Imperial Parliament ; for their legislatures and their laws are both subordinate to the supreme power of the mother country.^ For example, the constitution of Lower Canada was suspended in 1838 ; and a provisional government, with legislative functions and great executive powers, was es- tablished by the British Parliament.^ Slavery, also, was abolished by an Act of Parliament, in 1833, throughout all > " Parliamentary legislation, on the exoeptlon." — Lord Glenelg. any subject of exclusively internal (Pari. Pap. 1839 (118), p. 7.) concern to any British colony, pos- ' 1 & 2 Vict. c. 9; 2 & 3 Vict, sessing a representative assembly, is, o. 53. See also the Parliament of as a general rule, unconstitutional. Canada Act, 1875, and the Canada It is a right of which the exercise is Copyright Act, 1875, as examples of reserved for extreme cases, in which the interposition of Parliament in necessity at once creates and justifies colonial legislation. OF PARLIAMENT. 37 Chapter tlie British possessions, whether governed by local legisla- ' tures or not : but certain measures for carrying into effect the intentions of Parliament were left for subsequent enact- ment by the local bodies, or by the Queen in council. In 1838, the house of assembly of Jamaica had neglected to pass an effectual law for the regulation of prisons, which became necessary upon the emancipation of the negroes ; when Parliament immediately interposed and passed a statute for that purpose. The assembly, resenting the in- terference of the mother country, withheld the supplies, and otherwise neglected their functions : but Parliament reduced them to submission by an Act to suspend the colonial constitution, unless within a given time they should resume their duties. And again, in 1846, that ancient constitution was surrendered by acts of the local legislature, confirmed by an Act of the Imperial Parliament. In 1849, the constitutions of the Australian colonies were defined by statute : but the colonial governors and legislative councils were permitted to amend them, with the assent of the Queen in council. The vast territories of British India, which had long been subject to the anomalous government of the East India Company, were transferred, by statute, to the Crown, in 1858, and have since been under the immediate legisla- tive authority of Parliament. In 1867, the dominion of Canada was constituted by statute ; and in like manner, in 1890, a constitution was conferred upon Western Australia. There are some subjects upon which Parliament, in familiar language, is said to have no right to legislate : but the constitution has assigned no limits to its authority. A law may be unjust, and contrary to sound principles of government: but Parliament is not controlled in its dis- cretion, and when it errs, its errors can only be corrected by itself. To adopt the words of Sir Edward Coke, the power of Parliament " is so transcendent and absolute, that it cannot be confined, either for causes or persons, within any bounds." ^ ' 4 Inst. 36. 38 SUMMONS OF PAELIAMENT. This being the authority of Parliament collectively, the chapter laws and usage of the constitution have assigned peculiar powers, rights, and privileges to each of its branches, in connection with their joint legislative functions. Pieroga- It is by the act of the Crown alone that Parliament can Crown in^^ ^6 assembled. The only occasions on which the Lords and r^tr^p'' • Commons have met by their own authority, were previously iiament. to the restoration of King Charles II., and at the Revolution in 1688. The first Act of Charles the Second's reign declared the Lords and Commons to be the two houses of Parliament, notwithstanding the irregular manner in which they had been assembled ; and all their Acts were confirmed by the succeeding Parliament summoned by the king, which how- ever qualified the confirmation of them, by declaring that " the manner of the assembling, enforced by the difficulties and exigencies which then lay upon the nation, is not to be drawn into example." In the same manner, the first Act of the reign of William and Mary declared the convention of Lords and Commons to be the two houses of Parliament, as if they had been summoned according to the usual form ; and the succeeding Parliament recognized the legality of their Acts. Annual But although the Queen may determine the period for Pari'ia"^° calling Parliaments, her prerogative is restrained within ment. certain limits; as she is bound by statute^ to issue writs within three years after the determination of a Parliament ; while the practice of providing money for the public service by annual enactments, renders it compulsory upon her to meet Parliament every year. The annual meeting of Parliament, now placed beyond the power of the Crown by a system of finance rather than by distinct enactment, had, in fact, been the law of England from very early times. By the statute 4 Edw. III. c. 14, " it is recorded that Parliament shall be holden every year once, [and] [or] more often if need be." And again, in the 36 Edw. III. c. 10, it was granted "for redress of -divers mischiefs and grievances which daily happen [a Parliament • 16 Ohas. II. c. 1 ; and 6 & 7 Will. & Mary, o. 2. II. SUMMONS 01? PARLIAMENT. 89 Chapter shall be holden or] be the Parliament holden every year, as ' another time was ordained by statute." ^ It is well known that by extending the words, " if need be," to the whole sentence instead of to the last part only, to which they are obviously limited, the kings of England constantly disregarded these laws. It is impossible, how- ever, for any words to be more distinct than those of the 36th Edward III., and it is plain from many records that they were rightly understood at the time. In the 50 th Edward III., the Commons petitioned the king to establish, by statute, that a Parliament should be held each year ; to which the king replied, " In regard to a Parliament each year, there are statutes and ordinances made, which should be duly maintained and kept," So also to a similar petition in the 1st Richard II., it was answered, " So far as relates to the holding of Parliament each year, let the statutes there- upon be kept and observed; and as for the place of meeting, the king will therein do his pleasure." And in the follow- ing year the king declared that he had summoned Parlia- ment, because at the prayer of the Lords and Commons it had been ordained and agreed that Parliament should be held each year.^ In the preamble of the Act 16 Chas. I. c. 1, it was also distinctly affirmed, that " by the laws and statutes of this realm. Parliament ought to be holden at least once every year for the redress of grievances : but the appointment of the time and place of the holding thereof hath always belonged, as it ought, to his majesty and his royal pro- genitors."^ Yet by the 16 Chas. II. c. 1, a recognition of these ancient laws was withheld: for the Act of Charles I. was repealed as " derogatory of his majesty's just rights and prerogative ; " and the statutes of Edward III. were incor- rectly construed to signify no more than that " Parliaments ' Eeoord Comm. Statutes. 1 Eot. Pari. 285 ; 2 ib. 335 ; 3 ib. 23. ° By au ordinance in the 5th 32. Edward III., the object of the law = " Act for preventing of incon- had been more clearly explained ; venience happening from long inter- viz. " Qe le roi tiegne Parlement une mission of Parliaments." foiz p an', ou deu foiz si mestier soit." 40 MEETING OF PARLIAMENT. are to be held very often." All these statutes, however, Ch^ter were repealed, by implication, by this Act, and also by . the 6 & 7 Will. & Mary, c. 2, which declares and enacts "that from henceforth Parliament shall be holden once in three years, at the least." Sammoiis. The Parliament is summoned by the Queen's writ or letter issued out of Chancery, by advice of the privy council. By the 7 & 8 Will. III. c. 25, it was required that there shall be forty days ^ between the teste and the return of the writ of summons ; and since the union with Scotland this period was extended to fifty days,^ such being the period assigned in the case of the first Parliament of Great Britain after the Union. But by the 15 & 16 Vict. c. 23, the time be- tween the proclamation and the meeting of Parliament may be any time not less than thirty-five days;^ subject, however, to a prorogation of the meeting of Parliament by proclamation, from the day to which it shall stand . summoned to any further day, not being less than fourteen days from the date of the proclamation, under the Act 30 & 81 Vict. c. 81.* The writ of summons has always named the day and place of meeting, without which the requisition to meet would be imperfect and nugatory. Demise of The demise of the Crown is the only contingency upon the Crown, ^j^j^jj^ Parliament is required to meet without summons in the usual form. By the 6 Anne, c. 7, on the demise of the Crown, Parliament, if sitting, is immediately to proceed to act: and, if separated by adjournment or prorogation, is immediately to meet and sit. Before the passing of this Act, Parliament met on a Sunday, 8th March, 1701, on the ' Forty days were assigned for the tration Act, 1868, s. 11, in regard to period of the Bummons by the great the dissolution of 1868, in order to charter of King John, in which are ensure an earlier meeting of the new these words: "Faciemus summoneri Parliament. ... ad certum diem, scilicet ad ter- * The power of accelerating the minum quadraginta dierum ad minus, meeting of Parliament for despatch et ad certum locum." of business by proclamation, given by = See 22 Art. of Union, 5 Anne, Statutes 37 Geo. III. o. 127, and 0. 8 ; 2 Hatsell, 290. 33 & 34 Vict. o. 81, see p. 43, applies ' This period was specially reduced only to a meeting of Parliament pur- to twenty-eight days by the Eegis- suant to a prorogation. MEETING OF PABLIAMENT. 41 Chapter death of William III.;^ and has since met three times, on II. ' similar occasions, on Sunday.^ By the 37 Geo. III. c. 127, in case of the demise of the Crown after the dissolution or expiration of a Parliament, and before the day appointed by the writs of summons for assembling a new Parliament, the last preceding Parliament is immediately to convene and sit at Westminster, and be a Parliament for six months, subject in the mean time to prorogation or dissolution. In the event of another demise of the Crown during this in- terval of six months, before the dissolution of the Parlia- ment thus revived, or before the meeting of a new Parliament, it is to convene again and sit immediately, as before, and to be a Parliament for six months from the date of such demise, subject, in the same manner, to be prorogued or dissolved. If the demise of the Crown should occur on the day appointed by the writs of summons for the assembling of a new Parliament, or after that day and before it has met and sat, the new Parliament is imme- diately to convene and sit, and be a Parliament for six months, as in the preceding cases. This statute, however, needs revision in reference to the latest enactment concern- ing the demise of the Crown (see p. 46). Queen's As the Queen appoints the time and place of meeting, so Causes of speech, see , , . , x p • i i i j. summon?, p. 167. also at the commencement ot every session she declares to both houses the causes of summons, by a speech delivered to them in the House of Lords by herself in person, or by commissioners appointed by her. Until she has done this, neither house can proceed with any business: but the causes of summons, as declared from the throne, do not bind Par- liament to consider them alone, nor to proceed at once to the consideration of any of them (see p. 170). On two occasions, during the illness of George III., the name and authority of the Crown were used for the purpose of opening the Parliament, when the sovereign was person- ally incapable of exercising his constitutional functions. I 13 C. J. 782. demise of the Crown, see 20 ib. 86G » Queen Anne, 18 ib. 3 ; Geo. II., (Geo. I.) ; 85 ib. 589 (Geo. IV.) ; 92 28 ib. 929. 933 ; Geo. III., 75 ib. ib. 490 (Will. IV.). 82. 89. For other occasions of the 42 MEETING OF PARLIAMENT. On the first occasion, Parliament had been prorogued till Chapter the 20th November, 1788, then to meet for the despatch ' of business. When Parliament assembled on that day, the king was under the care of his physicians, and unable to open Parliament, and declare the causes of summons. Both houses, however, proceeded to consider the measures neces- sary for a regency ; and on the 3rd February, 1789, Parlia- ment was opened by a commission, to which the great seal had been affixed by the lord chancellor, without the authority of the king. Again, in 1810, Parliament stood prorogued till the 1st November, and met at a time when the king was incapable of issuing a commission. His illness con- tinued, and on the 15th January, without any personal exercise of authority by the king. Parliament was formally opened, and the causes of summons declared in virtue of a commission under the great seal, and "in his Majesty's name." ^ It may here be incidentally remarked, that the Crown has also an important privilege in regard to the deliberations of both houses. The Speaker of the Lords is the lord high chancellor or lord keeper of the great seal, — an officer more closely connected with the Crown than any other in the state ; and even the Speaker of the Commons, though elected by them, is submitted to the approval of the Crown (see p. 152). Proioga- Parliament, it has been seen, can only commence its adjourn- deliberations at the time appointed by the Queen ; neither "^°'" can it continue them any longer than she pleases. She may prorogue Parliament by having her command signified, Proroga- in her presence, by the lord chancellor or Speaker of the t^^^ria- House of Lords, to both houses: by commission, or bv *'?""■'' '"^" ... r^n ■, 'J j3(ies, see p. proclamation. Prior to 1867, the prorogation of Parliament 52i. from the day to which it stood summoned or prorogued to any further day, was effected by a writ or commission under the great seal : but by the 30 & 31 Vict. c. 81, the royal proclamation alone prorogues the Parliament, except at the ' For a full statement of these proceedings, see May, Const. Hist i. 175- 195 (7th ed.). PKOEOGATION AND ADJOURNMENT. 43 Chapter close of a session. The effect of a prorogation is at once to " suspend all business until Parliament shall be summoned Forproro- again. Not only are the sittings of Parliament at an end, ihe'dotof^^^ ^^ proceedings pending at the time are quashed, except »eeT202 ^"^P^^^^^^^ts by the Commons, and appeals before the House of Lords.i Every bill must therefore be renewed after a prorogation, as if it had never been introduced. William III. prorogued Parliament from the 21st to the 23rd October, 1689, in order to renew the Bill of Eights, concerning which a difference had arisen between the two houses, that was fatal to its progress.^ As it is a rule that a bill of the same substance cannot be passed in either house twice in the same session, a prorogation has been resorted to on three occasions to enable another bill to be brought in (see p. 294). When Parliament stands prorogued to a certain day, her Meeting of Majesty may, by Act 37 Geo. III. c. 127, amended by ^^^J^ 33 & 34 Vict. c. 81, issue a proclamation, giving notice of ^^^fi™"^*' her intention that Parliament shall meet for the despatch of business on an earlier day, not less than six days from the date of the proclamation ; and Parliament then stands prorogued to that day, notwithstanding the previous proro- gation. Pursuant to the first of these Acts, Parliament was assembled in September, 1799 ; * and again on the 12th December, 1854, Parliament then standing prorogued to the 14th ; and, in 1857, in consequence of the suspension of the Bank Act of 1844, a proclamation was issued on the 16th November, assembling Parliament on the 3rd December. Parliament, notwithstanding a proclamation Meeting of having been issued for its meeting, can also, under Acts deferred!"* 30 & 31 Vict. c. 81, and 33 & 34 Vict, c, 81, be further prorogued, by proclamation, from the day to which it stands prorogued, to meet for despatch of business upon a further day not less than six days from the date of the proclamation. Thus, Parliament, which stood prorogued ' By 1 Geo. IV. c. 101, an Indian ments laid before Parliament, p. 5 14 ; divorce bill is, in certain oases, appeals (House of Lords), p. 49. excepted from this rule, p. 812. See " 10 0. J. 271. also an exception regarding docu- ' 54 ib. 745 ; 55 ib. 3. 44 PEOEOGATION AND ADJOURNMENT. to the 30th November, 1878, was further prorogued, on chapter the 27th, to the 5th December, on account of the Afghan ' war, and again, in consequence of a change in the Ministry, from the 13th to the 27th January, 1887, by proclamation Prociama- dated 31st December, 1886.^ And other Acts ^ have pro- see also (MHitia vided that whenever the Crown shall cause the supple- j°^"j^^'' ment) mentary militia to be raised and enrolled, or drawn out and *2i. 525. embodied, either in England or Scotland, when Parliament stands prorogued or adjourned for more than fourteen days, the Queen shall issue a proclamation for the meeting of Parliament within fourteen days. In compliance with this law, on the 1st December, 1792, Parliament, which stood prorogued till the 1st January, was summoned by procla- mation to meet on the 13th December. By the Militia Acts Consolidation Act, 1882, this period of fourteen days is reduced to ten. Prociama- When her Majesty, by the advice of her privy council, toproroga- ^^^ determined upon the prorogation of Parliament, a procla- *'""■ mation is issued, declaring that on a certain day Parliament will be prorogued until a day mentioned ; and when it is intended that Parliament shall meet on that day, for despatch of business, the proclamation states that Parliament Meeting will then "assemble and be holden for the despatch of smtchof divers urgent and important affairs." It was formerly business, customary to give forty days' notice, by proclamation, of a meeting of Parliament for despatch of business : ^ but under the 37 Geo. III. c. 127, amended by 33 & 34 Vict. c. 81, Parliament can be assembled for that purpose upon any day not being less than six days from the date of the procla- mation. In December, 1877, Parliament having been recently prorogued to Thursday, 17th January (not for despatch of business), a further proclamation was issued on the 22nd December, declaring the royal will and pleasure that Parliament should assemble on the said 17th January for despatch of business. ' 142 C. J. 2. B. 31. " 42 Geo. m. c. 90, s. 147, and » 2 Hat6ell,230; 3 Chatham Corr., 0. 91, B. 142 ; 15 & 16 Viot. o. 50, 126. n. PBOEOGATION AND ADJOURNMENT. 45 Chapter When Parliament has been dissolved and summoned for - a certain day, it meets on that day for despatch of business, if not previously prorogued, without any proclamation for that purpose, the notice of such meeting being comprised in the proclamation of the dissolution, and the writs then issued. Adjournment is solely in the power of each house respec- Adjoura- tively : though the pleasure of the Grown has occasionally ™^"'' been signified in person, by message, commission, or procla- mation, that both houses should adjourn ; and in some cases Adjourn- such adjournments have scarcely differed from prorogations.^ the Appro- Sit although no instance has occurred in which either ^""lee p '^ouse has refused to adjourn, the communication might 562. be disregarded. Business has been transacted after the King's desire has been made known ; and the question for adjournment has afterwards been put, in the ordinary manner, and determined after debate, amendment, and division.^ Such interference on the part of the Crown is impolitic, as it may meet with opposition, and unnecessary, as ministers need only assign a sufficient cause for adjourn- ment, when each house could adjourn, of its own accord, and for any period, however extended, which the occasion may require.^ The pleasure of the Crown was last signified on the 1st March, 1814 ; * and it is probable that the practice will not be revived. A power of interfering with adjournments in certain cases has been conceded to the Crown by statute. The 39 & 40 ' Adjournment by royal commis- the 20th December to the lat March. sion, 1621 ; 1 C. J. 639 ; 9 ib. 158 ; In 1820, while the BUI of Pains and 2 Kapin's Hist. 205. Penalties against the Queen was " 2 Hatsell, 312. 316. 317; 1 C. J. pending in the House of Lords, the 807. 808. 809 ; 10 ib. 694 ; 17 ib. 26. Commons adjourned, by four suooes- 275. In 1799, 55 ib. 49 ; 34 Pari. Hist, sive adjournments, from the 26th 1196; Lord Colchester's Diary, i. 192. July to the 23rd November, when ? In 1785 there was an adjourn- Parliament was prorogued. On the ment from the 2nd August to the 18th August, 1882, both houses ad- 27th October, in order to give time journed until the 24th October, in to the Irish Parliament to consider order to enable the Commons to con- the commercial resolutions. 25 Pari, elude the consideration of new rules Hist. 934. In 1799 an adjournment of procedure, extended from the 12th October to * 49 L. J. 747; 69 C. J. 132. the 21st January ; and in 1813 from 46 PEOEOGATION AND ADJOURNMENT. Geo. III. c. 14, amended by 33 & 34 Vict. c. 81, enacts that chapter when both houses of Parliament stand adjourned for more ^^' than fourteen days, the Queen may issue a proclamation, with the advice of her privy council, declaring that the Parliament shall meet on a day not less than six days from the proclamation ; and the houses of Parliament then stand adjourned to the day and place declared in the proclamation; and all the orders which may have been made by either house, and appointed for the original day of meeting, or any subsequent day, stand appointed for the day named in the proclamation. Dissoiu- The Queen may also close the existence of Parliament Dissoiu- ''°°' by a dissolution. She is not, however, entirely free to de- ^^"pri- fine the duration of a Parliament. Before the Triennial <»*'°" p/ supplies. Act, 6 Will. & Mary, c, 2, there was no constitutional limit see p. 521. to the continuance of a Parliament but the will of the Crown : but under the Statute 1 Geo. I. c. 38, commonly known as the Septennial Act, it ceases to exist after seven years from the day on which, by the writ of summons, it was appointed to meet. Before the Revolution of 1688, a Parliament was dissolved by the demise of the Crown : ^ but Dissoiu- by the 7 & 8 Will. III. c. 15, and by the 6 Anne, c. 37, a a^t 73 0. J. 427; 86 ib. 517; 92 ib. » 1807. 27th May . .. 27th Nov. 671 ; 93 ib. 3. 1818. 10th June . .. 14th Jan. ' 102 ib. 960; 103 ib. 3. 1826. 2nd June . .. 14th Nov. » 21st March, 1857; 28rd April, 1841. 23rd June , ,. 19th Aug. 1859; 6th July, 1865; 26th January, 1847. 25th July . .. 18th Nov. 1874; 24th March, 1880; and 28th 1865. 6th July" ., .. 1st Feb. June, 1892. 1868. 26th Nov. , .. 10th Dec. ' 1859, prorogation, 19th April, 1874. 26th Jan. . .. 5th March. proclamation, 23rd April ; 1886, pro- 1880. 24th March . ..29th April. rogation, 25th June, proclamation. 1885. 18th Nov. . .. 12th Jan. 26th June. 1886. 26th June . .. 5th Aug. 1892. 28th June . ,. 4th Aug. 48 DISSOLUTION OF PARLIAMENT. at issue, tKe recess is generally continued, by prorogations, Chapter until the usual time for the meeting of Parliament. ' In addition to these several powers of calling a Parlia- ment, appointing its meeting, directing the commencement of its proceedings, determining them from time to time by prorogation, and finally of dissolving it altogether, the Crown has other parliamentary powers, which will here- after be noticed in treating of the functions of the two houses. House of Peers of the realm enjoy rights and exercise functions in ^o"^^- . five distinct characters : First, they possess, individually, titles of honour which give them rank and precedence; secondly, they are, individually, hereditary counsellors of Peers of the the Orown J thirdly, they are, collectively, together with realm. ^j^^ lords Spiritual, when not assembled in Parliament, the permanent council of the Crown; fourthly, they are, col- lectively, together with the lords spiritual, when assembled in Parliament, a court of judicature; and lastly, they are, conjointly with the lords spiritual and the Commons, in Parliament assembled, the legislative assembly of the kingdom, by whose advice, consent, and authority, with the sanction of the Crown, all laws are made.^ Judicature The most distinguishing characteristic of the Lords is impeach- lords^. their judicature, of which they exercise several kinds. They p. 626. have a judicature in the trial of peers (see p. 629) ; and another in claims of peerage and offices of honour, under references from the Crown, but not otherwise.^ Since the union with Scotland, they have also had a judicature for controverted elections of the sixteen representative peers of Scotland ; * and by the act of union with Ireland, all ques- tions touching the rotation or election of lords spiritual or temporal of Ireland were to be decided by the House of Lords : * but part of this judicature was superseded in 1869, ■ See 1 Eep. Dig. of Peerage, 14. Wensleydale Life Peerage, 1856. ' See KnoUy's case, 12 St. Tr. » Act of the Pari, of Scotland, 5 1167-1207 ; 1 Lord Eaym. 10 ; Salk. Ann. o. 8 ; 6 Ann. o. 23 ; 10 & 11 509 ; Cartli. 297 ; 2 Lord Campbell, Vict. o. 52. Lives of Oh. Just. 148 ; Lord Camp- < 4th Art. of Union ; 89 L. J. 289. bell's Speeches, 326 ; but see De- 295. 329, &o. bates and Proceedings upon the JUDICATURE OF THE LORDS. 49 Chapter when Irish bishops ceased to have seats in Parliament. In addition to these special cases, they have a general judica- ture, as a supreme court of appeal from other courts of justice. This high judicial office has been retained by them as the ancient consilium regis, which, assisted by the judges, and with the assent of the King, administered justice in the early periods of English law.^ Their appellate jurisdiction would also appear to have received statutory confirmation from the 14 Edw. III. c. 5, a.d. 1340. In the 17th century they assumed a jurisdiction, in many points, which has since been abandoned.^ They 'claimed an original jurisdiction in civil causes, which was resisted by the Commons, and has not been enforced for the last century and a half. They claimed an original jurisdiction over crimes, without im- peachment by the Commons : but that claim was also abandoned.* Their claim to an appellate jurisdiction over causes in equity, on petition to themselves, without reference from the Grown, has been exercised since the reiga of Charles I. ; and notwithstanding the resistance of the Commons in 1675,* they, have since remained in undisputed possession of it. They had a jurisdiction over cause.? brought, on writs of error, from the courts of law, originally derived from the Crown, and confirmed by statute,^ and to hear appeals from courts of equity. In 1873, indeed, their ancient appellate jurisdiction was surrendered by the Judicature Act: but before that Act came into operation this provision was repealed ; ® their jurisdiction was restored and defined, while their efficiency as a court of appeal was Zifepeer- increased by the addition of three lords of appeal in 12^*' ^^^ ''■ ordinary. The power of hearing causes during a proroga- tion or dissolution of Parliament was also given ; and in pursuance of this authority, at the close of each session, the lords appoint a day, irrespective of the session of Parliament, when the house meets for the purpose of hearing appeals, ' Hale, Jurisdiction of the House ' 8 0. J. 38. of Lords, c. 14 ; Barrington on the ' See 6 Howell, St. Tr. 1121. Statutes, 244. " 27 Eliz. c. 8 ; see also Intr. to 2 See 5 Howell, St. Tr. 711 ; 4 Pari. Sugden, Law of Eeal Prop. 2. Hist. 431. 443 ; 3 Hatsell, 336. « 37 & 38 Vict. c. 83. P. E 50 JUDICATURE OF THE LOEDS. and empowers the appeal committee to meet and choose Chapter their own chairman.^ An appeal now lies to the House of ' Lords from the Court of Appeal in England, and from any Court in Scotland and Ireland from which a writ of error or appeal previously lay by common law or by statute.^ But appeals in ecclesiastical, maritime, or prize causes, and colonial appeals, both at law and in equity, are determined by the privy council. The powers which are incident to the House of Lords, as a court of record, will claim attention in other places. Judges' A valuable part of the ancient constitution of the consilium *P'°'° • regis has never been withdrawn from the Lords, viz. the assistance of the judges (see p. 192). Impeach- In passing Acts of attainder and of pains and penalties, the judicature of the entire Parliament is exercised (see p. 632) ; and there is another high parliamentary judicature in which both houses also have a share. In impeachments, Impeach- the Commons, as a great representative inquest of the nation, p. 625. first find the crime, and then, as prosecutors, support their charge before the Lords ; while the Lords, exercising at once the functions of a high court of justice and of a jury, try and adjudicate upon the charge preferred. Tke Com- The most important power vested in any branch of the Parliament their right legislature, is the right of imposing taxes upon the people, u^n\"he"^ lumhaf ^^^ °^ voting money for the exigencies of the public service. ^^"^1^' ^" ■I i ' p. dDvi The exercise of this right by the Commons is practically a law for the annual meeting of Parliament for redress of grievances ; and it may also be said to give to the Commons the chief authority in the state. In all countries the public purse is one of the main instruments of political power : but with the complicated relations of finance and public credit in England, the power of giving or withholding the supplies at pleasure, is one of absolute supremacy. Right of Another important power peculiar to the Commons is that Contn- inVe™c" of determining all matters touching the election of their own IZlttns see p. 616. • 39 & 40 Vict. 0. 59. s. 8 & 9 ; see ' Appellate Jurisdiction Act, 1876 ; also 50 & 51 Viot. o. 70; 119 L. J. Juaicature (Ireland) Act, 1877. 451, &o. tions. JUDICATURE OP THE COMMONS. 51 Chapter members. This right had been regularly claimed and exer- " cised since the reign of Queen Elizabeth, and probably in earlier times, 'although such matters had been ordinarily determined in chancery. Their exclusive right to deter- mine the legality of returns and the conduct of returning officers in making them, was fully recognized in the case of Barnardiston v. Soame, by the Court of Exchequer Chamber in 1674, by the House of Lords in 1689,^ and also by the courts, in the cases of Onslow in 1680, and of Prideaux v. Jurisdia- Morris in 1702.^ Their jurisdiction in determining the l'Z-t{!f" right of election was further acknowledged by Statute 7 law, see p. Will. HI. c. 7 : but in regard to the rights of electors, a memorable contest arose between the Lords and Commons in 1704, Ashby, a burgess of Aylesbury, brought an action Case of at common law against William White and others, the \vhite. " returning officers of that borough, for having refused to permit him to give his vote at an election. A verdict was obtained by him : but it was moved in the Court of Queen's Bench, in arrest of judgment, " that this action did not lie ; " and in opposition to the opinion of Lord Chief Justice Holt^ judgment was entered for the defendant, but was afterwards reversed by the House of Lords upon a writ of error. Upon this the Commons declared that " the determination of the right of election of members to serve in Parliament is the proper business of the House of Commons ; that they cannot judge of the right of election without determining the right of the electors ; and if electors were at liberty to prosecute suits touching their right of giving voices, in other courts, there might be different voices in other courts, which would make confusion, and be dishonourable to the House of Primlege, Commons; and that the action was therefore a breach of see p. 83. pj-iyjlege." In addition to the ordinary exercise of their jurisdiction, the Commons relied upon the Act 7 Will. III. c. 7, by which it had been declared that " the last determi- nation of the House of Commons concerning the right of elections is to be pursued." On the other hand, it was « 6 Howell, St. Tr. 1092. 1119. 502; 1 Liitw. 82; 7 Mod. 13. ' 2 Vent, 37 ; 3 Lev. 39 ; 2 Salic. 52 JUDICATURE OF THE COMMONS. objected, in the report of a Lords' Committee, 27th March, chapter 1704, that " there is a great difference between the right of the electors and the right of the elected: the one is a temporary right to a place in Parliament, fro hac vice ; the other is a freehold, to which a man has a right by common law." Case of the Encouraged by the decision of the House of Lords, five Ayksbury ^^^^^ burgcsscs of Aylesbury, familiarly known as "the Aylesbury men," commenced actions against the constables of their borough, and were committed to Newgate, by the House of Commons, for a contempt of their jurisdiction. The contest that hence arose was closed by the prorogation of Parliament, which put an end to the contest, and to the imprisonment of the Aylesbury men and their counsel. The plaintiffs, no longer impeded by the interposition of privilege, and supported by the judgment of the House of Lords, obtained verdicts and execution against the return- ing officers. Later cases. The question which was agitated at that time has never since brought the Commons into conflict with the courts of law. Complaints, however, have been made to the house, of proceedings in courts of law, having reference to elec- tions ; ^ and in 1767, certain electors of the county of Pem- broke, having brouglit actions of trespass on the case against the high sheriff for refusing their votes, were ordered to attend the house : but having discontinued their actions, no further proceedings were taken against them.^ In 1857, a complaint was made, by petition, that certain voters had brought actions against the returning officer of the borough of Sligo for refusing their votes at the last election : but the committee to whom the matter was referred reported that there were no circumstances affecting the privileges of the house.3 In 1784, Mr. Fox obtained a verdict, with damages, ' Eye case, 17th Nov. 1704; 14 Eaater Term, 1786, and the Mayor C. J. 425 ; Penryn case, 22nd Feb. of Abingdon, 1847 ; Price v. Fletcher, 1710 ; 16 ib. 514 (no further pro- 4 0. P. Eep. ceedings on these cases). a 145 jj jj 3 g 1557 . ■^^^ q j 2 31 ib. 211. .279. 293; see also 310. 814.340. cases of the Mayor of Hastings, JUDICATURE OF THE COMMONS. 53 Chapter against the high bailiff of Westminster, for vexatiously with- '. holding his return when he had a majority of votes ; and this proceeding, being clearly free from any question of privi- lege, did not call for the interposition of Parliament.^ The Adminis- Commons have continued to exercise (what was not denied to th" elect/on them by the House of Lords) the sole right of determining law, p. 616. wJiether electors had the right to vote, while inquiring into the conflicting claims of candidates for seats in Parliament ; until, in 1868, the house delegated its judicature in contro- verted elections to the courts of law, but retaining its juris- diction over cases not otherwise provided for by statute. Issue of Although all writs are issued out of chancery, every New writs r!'^595.^*° vacancy after a general election is supplied by the authority OT^e^fof the of the Commons. During the sitting of the house, vacancies 5°"^'^ "^ ° Commons. are supplied by warrants issued by the Speaker, by order of the house ; and during a recess, after a prorogation or adjourn- ment, the Speaker issues warrants in certain cases (see p. 599). But notwithstanding their extensive jurisdiction in regard Expulsion to elections, the Commons have no control over the eligi- doesn"t°'^ bility of candidates, except in the administration of the '^y^*'^ '^'^" laws which define their qualifications. No power exercised by the Commons is more undoubted than that of expelling a member from the house, as a punishment for grave offences; yet expulsion, though it vacates the seat of a member, and a new writ is immediately issued, does not create any disability to serve again in Parliament. John Wilkes was expelled, in 1764, for being the author of a seditious libel. In the next Parliament (3rd February, 1769) he was again expelled for another libel ; a new writ was ordered for the county of Middlesex, which he repre- sented, and he was re-elected without a contest ; upon which it was resolved, on the 17th of February, "that, having been in this session of Parliament expelled this house, he was and is incapable of being elected a member to serve in this present Parliament." ^ The election was declared void : but Mr. Wilkes was again elected, and his election was once more declared void, and another writ issued. • 3 Hughes' Hist. 245. ' 32 0. J. 229. 54 JUDICATUEE OF THE COMMONS. A new expedient was now tried: Mr. Luttrell, then a Chapter member, accepted the Chiltern Hundreds, and stood against '. — Mr. Wilkes at the election, and, being defeated, petitioned the house against the return of his opponent. The house resolved that, although a majority of the electors had voted for Mr. Wilkes, Mr. Luttrell ought to have been returned, and they amended the return accordingly. Against this proceeding the electors of Middlesex presented a petition, without effect, as the house declared that Mr. Luttrell was duly elected. These proceedings were proved by unanswer- able arguments to be illegal ; ^ and on the 3rd May, 1782, the resolution of the 17th February, 1769, was ordered to similar be expunged from the journals, as "subversive of the rights faynin of the whole body of electors of this kingdom." In 1882, ^l;^,^'"^- Mr. Bradlaugh, having been expelled, was immediately case, see p. returned by the electors of Northampton ; and no question was raised as to the validity of his return.^ Disabilities To expulsiou, in former times, was added occasionally inflTcte/by disability of sitting in Parliament or of serving the state. the^Com- On the 27th May, 1641, Mr. Taylor, a member, was expelled, and adjudged to be for ever incapable of being a member of the house.^ During the Long Parliament, incapacity for serving in the Parliament then assembled was frequently part of the sentence of expulsion. On the Restoration, in 1660, the house went so far as to expel Mr. Wallop, and resolve him to be "made incapable of bearing any ofSce or place of public trust in this kingdom." In 1711, Mr. Eobert Walpole, on being re-elected after his expulsion, was declared incapable of serving in the present Parliament, having been expelled for an offence.* But these cases can only be regarded as examples of an excess of their juris- diction by the Commons; for one house of Parliament cannot create a disability unknown to the law. Snspension The suspension of members from the service of the house bcrT"" is another form of punishment. On the 27th April, 1641, Mr. ' See particularly the speech of ' 38 0. J. 977 ; 137 ib. 62. Mr. Wedderbvirn, 1 Cavendish Deb. = 2 ib. 158 ; also Mr. Benson, ib. 352. See also 2 May, Const. Hist. 301 ; and Mr. Trelawny, ib. 473, 2-26 (7th ed.). * 8 ib. 60 ; 17 ib. 128. JUDICATURE OF THE COMMONS. 55 Chapter Gervaise HoUis, a member, was suspended the house during '. — the session.^ On the 6th November, 1643, Sir Norton KnatchbuU was suspended the house during the pleasure of the house.^ During nearly two centuries this form of punishment was left in abeyance, no case of suspension having occurred between 1692 and recent times. On the 25th July, 1877, it was laid down from the chair that any member guilty of a contempt " would be liable to such punishment, whether by censure, by suspension from the service of the house, or by commitment, as the house may Suspension adjudge." ^ And by standing order No. 21 of session 1880, M. 21, see suspension was adopted for the punishment of offences such ^' ^^^' as disregard to the authority of the chair, or obstruction ; and has since been imposed in numerous cases. Expulsion is generally reserved for offences which render Grounds of members unfit for a seat in Parliament, and which, if not "''" so punished, would bring discredit upon Parliament. Members have been expelled, as being in open rebellion ; * as having been guilty of forgery ; ^ of perjury ; ^ of frauds and breaches of trust;'' of misappropriation of public money ; ^ of conspiracy to defraud ; ^ of corruption in the administration of justice,^" or in public ofiSces,^^ or in the execution of their duties as members of the house ; ^^ of conduct unbecoming the character of an officer and a gentleman;^* and of contempts, libels, and other offences committed against the house itself.^* ' 2 0. J. 128. Hastings, 1892, 147 ib. 120. ' 3 ib. 302 ; also the cases of Mr. ' Earl of Eanelagh, 1702, 14 ib. Frye, 6 ib. 123; Mr. Love, 8 ib. 171 ; Mr. Hunt, 1810, 65 ib. 398. 289 ; Sir G. Carteret, 9 ib. 120 ; Sir ^ Lord Cochrane and Mr. Cochrane J. Prettiman, 9 ib. 156; Mr. Oul- Johnstone, 1814, 69 ib. 433. lingford, 10 ib. 846. " Sir J. Bennet, 1621, 1 ib. 588. ' 132 ib. 375. "Mr. Walpoleand Mr. Carbonell, * Mr. Foster and Mr. Carnegy, 1711, 17 ib. 30. 97. 1715, 18 ib. 336. 467. " Mr. Ashburnham, 1667, 9 ib. 24 ; = Mr. Ward, 1726, 20 ib. 702. Sir J. Trevor (Speaker), 1694, 11 ib. « Mr. Atkinson, 1783, 39 ib. 770. 274 ; 5 Pari. Hist. 900-910. Mr. ' South Sea Directors, 1720, 19 Hungerford, 1695, 11 C. J. 283. ib. 406. 412. 413 ; Commissioners of " Col. Cawthorne, 1796, 51 ib. Forfeited Estates, 1732, 21 ib. 871 ; 661 ; Mr. Verney, 1891, 146 ib. 268. Benjamin Walsh, 1812, 67 ib. 176; 272. 282. Lord Colchester's Diary, ii. 373; Mr. " 1 ib. 917; 2 ib. 301. 537; 9 ib. 66 JUDICATURE OF THE COMMONS. Evidence of Where members have been legally convicted of any chapter offences, . . , » . ,. II. oifences, it is customary to lay the record ol conviction . before the house.^ In other cases the proceedings have been founded upon reports of commissions, or committees of the house, or other sufficient evidence.^ And it is customary to order the member, if absent, to attend in his place, before an order is made for his expulsion. Service is made upon him of the order of the house for his attend- ance ; or evidence is furnished proving that service is impossible. Lord Cochrane, imprisoned in the King's Bench for conspiracy to defraud (see p. 113), was brought, in deference to the order of the house, to the bar by the marshal of the prison. Lord Cochrane was desired by the Speaker to take his place, whence he addressed the house in support of his innocence. In the cases of Mr. Verney and Mr. Hastings, lying in prison under sentence for their offences, a communication was made, through the Home Office, of the order for their attendance, and of the intended motion for their expulsion.^ Members have also been expelled who have fled from ■justice, without any conviction, or judgment of outlawry. On the 18th July, 1856, a true bill was found against James Sadleir for fraud, and a warrant was then issued for his apprehension. On the 24th, a motion was made for his expulsion, on the ground of h'is having absconded, which, being considered premature, the house refused, to entertain. But on the 16th February, 1857, when the reports of the Crown solicitor and officers of the constabulary, showing the measures \^hich had since been ineffectually taken to apprehend Mr. Sadleir, and bring him to trial, had been laid before the house, he was expelled, as having fled from justice.* 431; 17C. J. 513; 18ib. 411; 20 ib. 176; 69 ib. 433; ill ib. 367. See 891 ; 137 ib. 61. See also Eeport of Mr. Speaker's remarks (Mr. Verney'a Precedents, 1807. case), 12th May, 1891, 353 H. D. 3 s. ' 39 ib. 770; 67 ib. 176; 69 ib. 574. 433. • * 143 H. D. 3 s. 1386; 144 ib. 702 ; = 11 ib. 283; 20 ib. 141. 391; 21 111 C. J. 379; 112 ib. 48. See also ib. 870 ; 65 ib. 433, &o. the case of Mr. De Cobain, 1891, 146 » 51 ib. 661; 65 ib. 399; 67 ib. ib. 456. 469; 26th Feb. 1892, 147 ib. 67. PEIVILKGE. 57 Chapter CHAPTER III. \ ^^be Table 0/ GENEBAL VIEW OF THE PEIVILEGES OF PARLIAMENT. Contents, see p. xix. Both houses of Parliament enjoy various privileges in their Privileges collective capacity, as constituent parts of the High Court the°aw mi of Parliament ; which are necessary for the support of their 5,°^*™ "^ authority, and for the proper exercise of the functions a° Elsynge, 175. 176. 60 LAW AND CUSTOM OF PARLIAMENT. are guarded against any interference, on the part of the chapter Crown, not authorized by the laws and constitution of the \ — country. The occasions for this courtesy are also limited ; as by the law and custom of Parliament the Queen cannot Use of take notice of anything said or done in the house, but by „a^ ,•„ the report of the house itself (see p. 312). ^''312/'' Privileges Each house, as a constituent part of Parliament, exercises house .col- its own privileges independently of the other. They are ec "'e y- enjoyed, however, not by any separate right peculiar to each, but solely by virtue of the law and custom of Parliament. There are rights or powers peculiar to each, as explained in the last chapter: but all privileges, properly so called, appertain equally to both houses. These are declared and expounded by each house; and breaches of privilege are adjudged and censured by each : but still it is the law of Parliament that is thus administered. Law and The law of Parliament is thus defined by two eminent custom of.. p.-iii Parlia- authorities : " As every court of justice hath laws and cus- luent. toms for its direction, some the civil and canon, some the common law, others their own peculiar laws and customs, so the High Court of Parliament hath also its own peculiar law, called the lex et eonsuetudo Pa/rliamenti." This law of Parliament is admitted to be part of the unwritten law of the land, and as such is only to be collected, according to the words of Sir Edward Coke, "out of the rolls of Parliament and other records, and by precedents and continued experi- ence ; " to which it is added, that " whatever matter arises concerning either house of Parliament, ought to be discussed and adjudged ia that house to which it relates, and not elsewhere." ^ Hence it follows that whatever the Parliament has con- stantly declared to be a privilege, is the sole evidence of its being part of the ancient law of Parliament. "The only method," says Blackstone, "of proving that this or that maxim is a rule of the common lavf, is by showing that it hath always been the custom to observe it ; " and " it is laid down as a general rule that the decisions of courts of justice ' Coke, 4 Inst. 15; 1 Blackstone, 163. BREACHES OP PRIVILEGE. 61 Chapter are the evidence of what is common law." ^ The same rule ' is strictly applicable to matters of privilege, and to the expounding of the unwritten law of Parliament. But although either house may expound the law ofNcwpiivi- Parliament, and vindicate its own privileges, it is agreed nXL"^^ that no new privilege can be created. In 1704, the Lords ""^'^'i' communicated a resolution to the Commons at a conference, "That neither house of Parliament have power, by any vote or declaration, to create to themselves new privileges, not warranted by the known laws and customs of Parlia- ment ; " which was assented to by the Commons.^ Both houses act upon precisely the same grounds in Breach of privilege a matters of privilege. They declare what cases, by the law contempt and custom of Parliament, are breaches of privilege ; and qo^.j J^ punish the offenders by censure or commitment, in the same P^^'''*- manner as courts of justice punish for contempt.^ The modes of punishment may occasionally differ, in some re- spects, in consequence of the different powers of the two houses : but the principle upon which the offence is deter- mined, and the dignity of Parliament vindicated, is the same in both houses. The right to commit for contempt, though universally Commit- acknowledged to belong to both houses, has been regarded with jealousy. But whilst the particular acts of both houses should, undoubtedly, be watched with vigilance when they appear to be capricious or unjust, it is unreason- able to cavil ^t privileges which are established by law and custom, and are essential to the dignity and power of Parliament.* The power of the House of Lords to commit for contempt By the was questioned in the cases of the Earl of Shaftesbury,^ in 1 675, and of Flower,^ in 1779 : but was admitted without hesitation by the Court of King's Bench. ' 1 Comm. 68. 71. right is not embodied in the oon- ' 14 C. J. 555. 560. stitution, see 2 Story's Comm. 305- » 8 Grey's Debates, 232. 317. * For the exercise of the right of ' 6 Howell, St. Tr. 1269, et seq. commitment by the House of Eepre- « 8 Durnf. & East, 314. sentatives, United States, though the 62 COMMITMENT. By the Commons. Power to order at- tendance. Authority and protec- tion of officers in executing orders of either house. Lords. The power of eommitment by the Commons is established Chapter upon the ground and evidence of immemorial usage.^ It was distinctly admitted by the Lords, at the conference ^.J^^"^?,".^^^ between the two houses, in the case of Ashby and White "foourts of ' •' law »re in 1704,^ and it has been repeatedly recognized by the matters of courts of law.* The power is also virtually admitted by the p 128. ' Statute 1 Jas. I. c. 13, s. 3, which provides that nothing therein shall " extend to the diminishing of any punishment to be hereafter, by censure in Parliament, inflicted upon any person." The house has also the power to send for persons whose Power to conduct has been brought before the house on a matter of persons in privilege by an order for their attendance, without specifying ^^^\^^ in the order the object or the causes whereon their attend- ance is required ; and in obedience to the order members attend in their places, and other persons at the bar (see p. 86).* The right of compelling the attendance of persons before ' Parliament, and of commitment being admitted, it becomes an important question to determine what authority and pro- tection are acquired by officers of either house, in executing the orders of their respective courts. Eesistance to the Serjeant-at-arms, or his officers, or others acting in execution of the orders of either house, has always been treated and punished as a contempt. The Lords will not suffer any persons, whether officers of the house or others, to be molested for executing their orders, or the orders of a committee,^ and will protect them from actions. The house was informed, 28th November, 1768, that an action had been commenced against Mr, Hesse, a justice ' Nearly 1000 instances of its exorcise occurred between 1547 and the first half of this century. Mr. Wynn's Treatise, p. 7. = 17 L. J. 714. ' The Aylesbury case, 2 Lord Eaym. 1105 ; 3 Wils. 205 ; Murray's case, 1 Wils. 299 (1751); Crosby's, 3 ib. 203 (1771) i Oliver's, 14 East, 1 ; Mr. Hobhouse's, 2 Chit. Kep. 207 ; 3 Barn. & Aid. 420; Sheriff of Middle- sex, 11 Adolphus & Ellis, 273;; Howard's case, Printed Papers, 2nd Report, 1845 (305), (397) ; 1847 (39); ^ 5 Ap. 1892, 147 0. J. 157; 3 Purl. Deb. 4 s. 700. ' 13L. J. 104. 412; 15 ib. 565; 21 ib. 190 ; 88 ib. 649 ; 45 ib. 340. 610. AUTHORITY OF OFFICERS. 63 Chapter of the peace for Westminster, who had acted under the ' orders of the house in suppressing a riot at the doors of the house, in Palace-yard ; and Biggs, the plaintiff, and Aylett, his attorney, were ordered to attend, and were imprisoned.^ On the complaint of Aldern, a constable, 26th June, 1788, that having, under an order of the house, refused Mr. Hyde admittance to Westminster Hall during the trial of Warren Hastings, he had been indicted for an assault, Mr. Hyde was ordered to attend, and committed.^ The last case of the kind was that commonly known as "the umbrella case," when, 26th March, 1827, John Bell was summoned before the Lords, and admonished, because he had served F. Plass, a doorkeeper, when attending on the house, with a process from the Westminster Court of Bequests, to pay a debt and costs awarded against him by that court, for the loss of an umbrella which was left with the doorkeeper during a debate.® In the case of Ferrers, in 1543, the Commons committed Commous. the sheriffs of London to the Tower, for having resisted their Serjeant-at-arms, with his mace, in freeing a member who had been imprisoned in the Compter.* In 1689, after a dissolution of Parliament, an action was brought against Topham, the Serjeant-at-arms attending the Commons, for executing the orders of the house in arresting certain persons. Topham pleaded to the juris- diction of the court, but his plea was overruled, and judg- ment was given against him. The house declared this to be a breach of privilege, and committed Sir F. Pemberton and Sir T. Jones, who had been the judges in the case, to the custody of the Serjeant-at-arms. In 1771, the House of Commons ordered Miller, a printer concerned in publishing the debates, to be taken into custody; and he was arrested by a messenger, under the Speaker's warrant. The messenger was brought before the Lord Mayor's court, who set the prisoner at liberty, and com- mitted the messenger of the house for an assault. For this 1 32 L. J. 187. 197. ' 59 ib. 199. 206. " .S8 ib. 249. 250. 251. * 1 Hatsell, 53. 64 ASSISTANCE OF THE CIVIL POWER. resistance to the orders of the house, Mr. Alderman Oliver Chapter III. and the lord mayor (Brass Crosby) were committed to the Tower.^ Assistance When the house has ordered the Serjeant to execute a power. warrant, the house sustains his authority, and punishes those who resist him.^ But a question arises concerning the authority with which the Serjeant is invested by law, when executing a warrant, authorized by the order of the house, and the assistance he can demand from the civil power. Both houses consider every branch of the civil government as bound to assist, when required, in executing their warrants and orders, and have repeatedly required such assistance. In 1640, all mayors, justices, &c., in England and Ireland were ordered by the Commons to aid in the apprehension of Sir Gr. Katcliffe.^ In 1660, the Serjeant was expressly empowered " to hreaJc open a house in case of resistance, and to call to his assistance the sheriff of Middlesex, and all other officers, as he shall see cause ; and who are required to assist him accordingly." And on the 23rd October, 1690, the Lords authorized the Black Rod to break open the doors of any house, in the presence of a constable, and there search for and seize Lord Keveton.* On the 24th January, 1670, and again on the 5th April' 1679, the House of Commons directed, by resolution, that the Speaker should issue warrants requiring sheriffs, bailiffs, constables, and all other his Majesty's officers and sub- jects, to aid and assist the Serjeant-at-arms in his execu- tion of the 'orders of the house.^ The Lords also have frequently required the assistance of the civil power in a similar manner.^ And at the present time, by the Speaker's warrant to the Serjeant-at-arms for taking a person into custody, "all mayors, sheriffs, under-sheriffs, bailiffs, con- stables, headboroughs, and officers of the house are required ' 33 C. J. 263. 285. 289 ; Report ' 8 ib. 222 ; 14 L. J. 530. of Committee, 1771 ; see also 1 May, » 9 0. J. 193 ; 8 ib. 586 ; see also 2 Const. Hist. (7th ed.) 429. ib. 371 ; 9 ib. 353. = See other cases, 9 C. J. 341. 587 ; « 21st Deo. 1678, 13 L. J. 429 ; 13 ib. 826. 21st and 23rd Oct. 1690, 14 ib. 527. ' 2 ib. 29. 530 ; 21st May, 1747, 27 ib. 118. ASSISTANCE OP THE CIVIL POWEE. 65 Chapter to be aiding and assisting in the execution thereof." Before '. — ^the year 1810, however, no case arose in which the legal consequences of a Speaker's warrant, and the power of the Serjeant-at-arms in the execution of it, were distinctly ex- plained and recognized by a legal tribunal, as well as by the judgment of Parliament, in punishing resistance. In the case of Sir Francis Burdett, in 1810, a doubt arose Breaking concerning the power of the Serjeant-at-arms to break into doors. the dwelling-house of a person against whom a Speaker's warrant had been issued. The Serjeant-at-arms, when upon the execution of a warrant, was turned out of Sir Francis Burdett's private dwelling-house by force. The opinion of the attorney-general was consequently required to determine whether the Serjeant was "justified in breaking open the outer or any inner door of the private dwelling-house of Sir F. Burdett, or of any person in which there is reasonable cause to suspect he is concealed, for the purpose of appre- hending him; whether the Serjeant might take to his assistance a sufficient civil or military force for that purpose, such force acting under the direction of a civil magistrate ; and whether such pro- ceedings would be justifiable during the night as well as in the day- time." • The attorney-general answered all these questions, except the last, in the affirmative; and acting upon his opinion, the Serjeant-at-arms forced an entrance into Sir F. Burdett's house, down the area, and conveyed his prisoner to the Tower, with the assistance of a military force. Sir F. Burdett Burdett v. brought actions against the Speaker and the Serjeant-at-arms, Burdett ». in the Court of King's Bench, and verdicts were obtained *^°'"'*°- for the defendants. The opinion of the attorney-general, upon which the Serjeant had acted, was thus confirmed. This judgment was afterwards affirmed, on a writ of error, by the Exchequer Chamber, and ultimately by the House of Lords.^ But although the Serjeant-at-arms may force an entrance, Howard ». it was established by the action brought by Mr. -Howard, in isTAc'tion, 1842. ' 65 C. J. 264; Ann. Reg. 1810, ^^ See Lord Ellenborough's opinion, p. 344, &o. ; 16 H. D. 1 s. 257. 454. 14 East, 157 ; 4 Tannt. 401 ; 5 Dow, 915, &c. ; Lord Colchester's Diary, 165. ii. 245. 263, &c. P. F 66 AUTHORITY OF OFFICERS. 1842, that the Serjeant or his messengers are not authorized Chapter to remain in the house, if they know that the person to be arrested is from home, in order to await his return.^ If the ofBoer should not exceed his authority, he will be protected by the courts, even if the warrant should not be technically formal, according to the rules by which the Howard v. warrants of inferior courts are tested. In 1843, Mr. Howard Gosset. _^ 2nd Action, commenced another action of trespass against Sir W. Gosset, the Serjeant-at-arms, and the Court of Queen's Bench gavo judgment for the plaintiff, on the ground that the warrant was technically informal, and did not justify the acts of the Serjeant. This judgment was reversed by the Court of Exchequer Chamber, by whom the privileges of Parliament were thus expounded : " They construe the warrant as they would that of a magistrate ; we construe it as a writ from a superior court ; the authorities relied upon by them relate to the warrants and commitments of magistrates ; they do not apply to the writs and mandates of superior courts, still less to those of either branch of the High Court of Parlia- ment." Writs issued by a superior court, not appearing See also to be out of the scope of their jurisdiction, are valid of them- ^timof' selves, without any further allegation, and a protection to f^^^f "^ all ofBcers and others in their aid, acting under them ; and matters of that, although on the face of them they be irregular.^ And p. i4i. ' this principle was extended, by the decision of the lord chief Lines v. baroD, in the action brought in 1852 by Mr. Lines against Wan-ant of Lord C. Kussell, the Serjeant-at-arms, who, authorized by a of election warrant issued by the chairman of a committee under the com- Election Petitions Act, 1848, had taken Mr. Lines into mittee. custody for misbehaviour in giving evidence before the committee.® Causes of The power of commitment, with all the authority which ment Can be given by law, being thus established, it becomes the i'nqui'red'' key-stone of parliamentary privilege. Either house may courtt^of'^^ • Carrington & Marshman, 382. Justice of the Peaqe, 491 ; 19 Law ]a^y_ ' 10 Q. B. 359 ; shorthand writer's Times, 364 ; see also the decisions notes, 1847 (39), p. 166. 168. of the judges in the case of the ' Shorthand writer's notes, 25th Queen v. Paty; 2 Lord Eaymond, June, 3rd and 13th Nov. 1852 ; 16 1109 ; Salk. 503. POWER TO COMMIT. 67 Chapter adjudge that any act is a breach of privilege and contempt ; — '- and if the warrant recites that the person to be arrested has been guilty of a breach of privilege, the courts of law cannot inquire into the grounds of the judgment, but must leave him to suffer the punishment awarded by the High Court of Parliament, by which he stands committed. The Habeas Corpus Act^ is binding upon all persons Habeas whatever, who have prisoners in their custody; and it is therefore competent for the judges to have before them persons committed by the Houses of Parliament for con- tempt ; and it is the practice for the Serjeant-at-arms and others, by order of the house, to make returns to writs of habeas corpus.^ But although the return is made according to law, the Prisoners parties who stand committed for contempt cannot be ad- bailed. mitted to bail, nor the causes of commitment inquired into, by the courts of law. It had been so adjudged by the courts, during the Commonwealth, in the cases of Captain Streater and Sir Eobert Pye.^ The same opinion was expressed in Sheridan's case, by many of the first lawyers in the House of Commons, shortly after the passing of the Habeas Corpus Act ; and it has been confirmed by resolu- tions of the House of Commons,* and by numerous subse- quent decisions of the courts of law, given on applications for the release, or for the discharge on bail, of persons com- mitted by the Houses of Lords and Commons.^ ^ It may be considered, accordingly, as established, beyond parliament claims the samepower ' 31 Car. II. c. 2, 1262; 9 0. J. 356. 357; 12 ib. 174; as the 2 Sheriff of Middlesex, 95 0. J. 25, 14 ib. 565. 599. courts. 24th January, 1840; 51 H. D. 3 s. " Lord Shaftesbury's case, 6 550; Lines's case, 106 0. J. 147. Howell, St. Tr. 1269 ; IFreem. 153; 148. 153. la 1675 and 1704, the 1 Mod. 144; 3 Keble, 792; Paty's Commons endeavoured to resist the case, 2 Lord Kaymond, 1109; Mr. operation of a writ of habeas corpus Murray's case, 1 Wils. 200 ; Brass by orders to the lieutenant of the Crosby's, 19 Howell, St. Tr. 1137; Tower and to the Serjeant-at-arms, 3 Wils. 188. 203 ; Flower's case, 8 to make no return thereto, 9 ib. 356 ; Durnf. & Bast, 314; Hobhouse's case, 14 ib. 565. 2 Chit. Eep. 207 ; 3 Barn, & Aid. ' 2 ib. 960 ; 5 ib. 221 ; 5 Howell, 420 ; sheriff of Middlesex, 95, C. J. St. Tr. 365. 948 ; Styles, 415. 25 ; 11 Adol. & Ellis, 273 ; case of * A.D. 1680, 4 Hans. Pari, Hist. W. Lines, 106 0. J. 147. 148. 153. 68 POWEE TO COMMIT. all question, that the causes of commitment by either house Chapter of Parliament, for breaches of privilege and contempt, can- not be inquired into by courts of law : but that their "adjudication is a conviction, and their commitment, in consequence, an execution." No other rule could be adopted consistently with the independence of either house of Parlia- ment ; nor is the power thus claimed by Parliament greater than the power conceded by the courts to one another.^ / Commit- One qualification of this doctrine, however, must not be ment for . <■ i • offences be- Omitted. When it appears, upon the return of the writ, Jurisdic- simply that the party has been committed for a contempt tjonofthe ^j^^ breach of privilege, it has been universally admitted house. r o f j that it is incompetent for the courts to inquire further into the nature of the contempt : but if the causes of commitment were stated on the warrant, and appeared to be beyond the jurisdiction of the house, it is probable, judging by the opinion expressed by Lord EUenborough, in Burdett v. Abbot,^ and by Lord Denman in the case of the sheriff of Middlesex, that their sufficiency would be examined. The same principle may be collected from the judgment of the Exchequer Chamber in G-osset v. Howard, where it is said, " It is presumed, with respect to such writs as are actually issued by superior courts, that they are duly issued, and in a case in which they have jurisdiction, unless the contrary appear on the face of them." Not neces- But it is not necessary that any cause of commitment express any should appear upou the warrant, nor that the prisoner should commit- ^^^® heen adjudged guilty of contempt.^ It has been a very ™«it- ancient practice in both houses to send for persons in custody Persons * i. j sent for in to answer charges of contempt ; * and in the Lords, to order custody. ' See the decision of the Court of Van Sandan, 1 Phillips' Eep. 605). Common Pleas, 18th Nov. 1845, in < 2 L. J. 201 (26th Nov. 1597) ; ib. the case of William Cobbett detained 256 (17th Dec. 1601) ; ib. 296 ; 11 lb. under a writ of attachment issued by 252, &c. ; 1 0. J. 175. 680. 886 (1623 the Court of Chancery; and also In and 1628); 9 ib. 351 (1675); 21 ib. re W. Dimes, 17 Jan. 1850, 14 Jurist, 705 (1731); 85 ib. 323 (1775) ; 80 ib. 198. 445 (1825) ; 82 ib. 561 (1827) ; 95 ib. 2 14 East, 1. 30. 56. 59 (1840); Mr. Grissell, 1880, ' Judgment of Court of Exchequer 135 ib. 70. Chamber, Gosset v. Howard {fix parte. POWER TO COMMIT. 69 Chapter them to be attached and brought before the house to answer III. . complaints of breaches of privilege, contempts, and other of persons offences.^ This practice is analogous to writs of attachment pursuant to upon mesne process in the superior courts, and is unques- an order of ^ ^ ^ ' ^ the house, tionablv legal. seep. 62. •' ^^ . . „ •, in earlier times it was not the custom to prepare a formal An-ests warrant for executing the orders of the House of Commons : waiiiint. but the Serjeant arrested persons with the mace, without any written authority ; ^ and at the present day he takes strangers into custody who intrude themselves into the house, or otherwise misconduct themselves, in virtue of the general orders of the house, and without any specific instruc- tions.^ The Speaker has also directed the Serjeant to take offenders into custody (see p. 85). The Lords attach and commit persons by order, without Attach- any warrant. The order of the house is signed by the the Lords. Clerk of the Parliaments, and is the authority under which the officers of the house and others execute their duty. Wilful disobedience to orders, within its jurisdiction, is Breaches a contempt of any court, and disobedience to the orders and defined'. ^^"^ rules of Parliament, in the exercise of its constitutional functions, is treated as a breach of privilege. Insults and obstructions, also, offered to a court at large, or to any of its members, are contempts; and in like manner, by the law of Parliament, are breaches of privilege. It would be vain to attempt an enumeration of every act which might be construed into a breach of privilege: but certain prin- ciples may be collected from the journals, which. will serve as general declarations of the law of Parliament. Breaches of privilege may be divided into: 1. Dis- obedience to general orders or rules of either house; 2. Disobedience to particular orders ; 3. Indignities offered to the character or proceedings of Parliament ; 4. Assaults or • See precedents collected in App. 2nd Eep. Printed Papers, 1845, to 2nd Eep. on Printed Papers, 1845 p. vi. (397), p. 104. ' 29 0. J. 23; 74 lb. 537; 85 ib. ' Bainbrigge's case, 29th Feb. 4G1 ; 86 ib. 323; 88 ib. 246; 102 1575, 1 0. J. 109; 1 Hatsell, 92; ib. 99. 70 BREACHES OF PRIVILEGE. insults upon members, or reflections upon their character chapter and conduct in Parliament; or interference with officers of the house in discharge of their duty. Disobedi- 1, Disobedience to any of the orders or rules which regu- 6I1C6 of general late the proceedings of the house, is a breach of privilege. rules! *■" ^^^ ^f s"*^^ orders should appear to clash with the common or statute law of the country, their validity is liable to question, as will be shown hereafter (see p. 128). As examples of general orders, the violation of which will be regarded as breaches of privilege, the following may be sufficient. Publica- The publication of the debates of either house has been debates, repeatedly declared to be a breach of privilege, and especially false and perverted reports of them ; and no doubt can exist Presence of that if either house desire to withhold their proceedings see^p^wg. from the public, it is within the strictest limits of their jurisdiction to do so, and to punish any violation of their Xords. orders ; and under the Lords' standing order No. 80 it is a breach of privilege for any person, without the leave of the house, to print, or publish in print, anything relating to its proceedings.^ Cases. In 1801, Allan Macleod and John Higginbottom were fined respectively 1001. and 6s. 8d., and were committed to Newgate for six months, for publishing and vending certain paragraphs purporting to be a proceeding of the house, which had been ordered to be expunged from the journal, and the debate thereupon. In the same year, H. Brown and T. Glassington were committed to the custody of the Black Eod, for printing and publishing, in the Morning Herald, paragraphs purporting to be an account of what passed in debate, but which the house declared to be a scandalous misrepresentation.^ Commons. On the 13th and the 22nd July, 1641, it was ordered by the Commons, " That no member shall either give a copy, or publish in print anything that he shall speak here, with- out leave of the house ; " and " that all the members of the house are enjoined to deliver out no copy or notes of any- ' L. J. 27th Feb. 1698. = i3 L. J. 60. 105. 115. 225. 230. PUBLICATION OF DEBATES. 71 Chapter thing that is brought into the house, or that is propounded or agitated in the house." ^ Eepeated orders also have been made by the house for- Kepoit of bidding the publication of the debates and proceedings of the house, or of any committee thereof, and of comments thereon, or on the conduct of members in the house, by newspapers, newsletters, or otherwise, and directing the punishment of offenders against such rules.^ These orders have long since fallen into disuse ; though the Speaker has ruled that a member cannot be required to state whether expressions alleged to have been made by him in the house were correctly reported in a newspaper.^ Debates are daily cited in Parliament from printed reports ; galleries are constructed for the accommodation of reporters ; * com- mittees have been appointed to provide increased facilities for reporting ; a place is reserved for a reporter near the table of the House of Lords; and grants are annually voted to further the publication of the debates. When a wilful misrepresentation of the debate arises, or if it may be necessary to enforce the restriction, the house censures or otherwise punishes the offender, whether he be a member of the house or a stranger admitted to its debates.^ But as orders prohibiting the publication of debates are still retained upon the journals, the action of the house, in dealing with the misrepresentation of its debates, is some- what anomalous. The ground of complaint is the incorrect Newspaper report of a speech : but the motion for the punishment of ]^lll joiui the printer assumes that the publication of the debate at all •^*' is a breach of privilege.^ The principle, however, by which ' 2 C. J. 209. 220. Publication of » 17th April, 1837, 92 C. J. 270. Lord Digby's speeob. * Eeporters' Gallery, House of =i 2 0. J. 501 ; Orders, 22Qd Dec. Lords, since 15tb Oct. 1831 ; in the 1694; 11th Feb. 1695; 18th Jan. House of Commons, since 19th Feb. 1697; 3rd Jan. 1703; 23ra Jan. 1835, 3 Walpole'a Hist. 287. 1722; 11 0. J. 193; ib. 439; 12 ib. « 67 C. J. 432; 74 ib. 537; 88 ib. 48. 661; 13 ib. 767; 14 ib. 270; 606. 20 ib. 99 ; 21 ib. 238 ; 29 ib. 207 ; 45 « See Debate on Mr. Christie's ib. 508; 75 ib. 57; see also the motion, 12th Feb. 1844; 72 H. D. 3 s. Second Report on Sir F. Burdctt, in 580 ; Debate, 1st May, 1849 ; 104 1810. H. D. 3 s. 1054. 72 PTJBLICATIOK OF DEBATES. both houses are governed is now sufficiently acknowledged. Chapter So long as the debates are correctly and faithfully reported, '. — the privilege which prohibits their publication is waived: but when they are reported mala fide, the publishers of Newspaper newspapers are liable to censure.^ And by the 44 & 45 See also reports of ^t- . /.n j? • j x if*!, freedom of meetings Vict. c. 60, fair and accurate newspaper reports oi the pro- speech, p. privileged, geedings of public meetings, published without malice and for the public benefit, are privileged.^ Evidence It IS declared to be a breach of privilege for a member, See select mitueT"^' °'" ^^y other person, to publish the evidence taken before a ^^^5^ p. select committee, until it has been reported to the house ; ^ ^^^■ and the piiblisher of a newspaper has been committed for this offence by the House of Commons.* On the 13th April, 1875, complaint was made of the publication in two newspapers of the proceedings and evidence taken before the select committee on Foreign Loans. The publication was declared a breach of privilege; and the printers were ordered to attend : but as it appeared in debate that the publication had not been unauthorized by the committee, they were directed to report the circumstances under which the documents had been communicated to the newspapers. A special report was accordingly made, and no further pro- ceedings were taken.^ Pubiica- On the 31st May, 1832, complaint was made of the draft°re- publication of a draft report of a committee, in a Dublin ports of newspaper : the proprietor admitted that he had sent the mittees. copy, but he declined to give information which might implicate any other person. He was accordingly committed to the Serjeant for a breach of privilege. In 1850, a draft report of the committee on Postal Com- ' See Lord Hartington's proposed liable for publishing a faithful report resolution, 4th May, 1875, 224 H. D. 3 of a parliamentary debate. Wason s. 48. Kegarding the taking of notes v. Walter, 21st Dec. 1867. in the side gallery, by an officer of ' See Kesolutiou 21st April, 1837, the house, July, 1879, see 248 ib. 47. 92 C. J. 282. 163. 228 ; see also Report of Lords' * 87 ib. 360 ; see also Report on Committee on the Privilege of Re- Postal Communication with France, ports, 1857 J 149 H. D. 3 s. 947 ; 13th 1850 (381). April, 1858. ' 130 C. J. 141. 148 ; 223 H. D. 3 s. '. A newspaper proprietor is not 789. PUBLICATION OF DEBATES. 73 ciwpter munication with France was published in two newspapers, while it was under consideration. The committee vainly endeavoured to trace the parties from whom the copy had been obtained, but recommended improved regulations for the printing, distribution, and custody of such documents.^ Sessional 2. EesolutioBs are agreed to at the beginning of each session, Disobedi- orders, i • i i i i snce by Appendix, which declare that the house will proceed with the utmost witnesses ) '^' ' severity against persons who tamper with witnesses, in re- *^ ^"^'''^ spect of evidence to be given to the house, or any committee ^oas«- Tampering thereof; who endeavour to deter or hinder persons from with wit- . . . ., i7-j>i -1 nesses, see appearing or giving evidence ; and who give lalse evidence P' ^*- before the house or any committee thereof. The house has acted on these resolutions with severity ; and the journals abound with cases in which witnesses have been punished by commitment to the Serjeant-at-arms, and to Newgate, for prevaricating or giving false testimony, or suppressing the truth ; for refusing to answer questions, or to produce documents in their possession. If a witness be guilty of such misbehaviour before a committee of the whole house, or a select committee, the circumstance is reported to the house, by whom the witness is dealt with.^ There are various other orders and rules connected with parliamentary proceedings; for example, to prevent the forgery of signatures to a petition (see p. 497) ; for the pro- tection of witnesses (see p. 120) ; for the protection of the officers of the house (see p. 62) ; and for other purposes which will appear in different parts of this work. A wilful violation of any of these orders or rules, or general miscon- duct in reference to the proceedings of Parliament, will be censured, or punished, at the pleasure of the house whose orders are concerned.* 3. Indignities offered to the character or proceedings of Libels upon the house. 1 87 C. J. 360; Keport, p. vi. sess. 473; 88 ib. 218; 90 ib. 504; 121 ib. 1850 (381). 239. ' 21 0. J. 842; 64 ib. 54; 95 ib. « 34 C. J. 800; 22 ib. 146; 4 L. J. 504; 29 H. D. 3 8. 1279; Orange 705; 37 ib. 613; 38 ib. 338. 649. Lodges (Colonel Fairman), 90 C. J. Lords Journal, 12th April, 1850 (Mr. 504. 520. 564; 103 ib. 258; 112 ib. Nash); 13th Aug. 1850 (Liverpool 354; 134 H. D. 3 s. 452; 82 C. J. Corporation Waterworks). 74 LIBELS UPON THE HOUSE. Parliament, by libellous reflections, have been punished as Chapter breaches of privilege. Some offenders have escaped with a reprimand, or admonition ; ^ others have been committed to the custody of the Black Rod, or the Serjeant-at-arms; while many have been confined in the Tower and in Newgate ; and in the Lords, fine, imprisonment, and the pillory have been adjudged. Prosecutions at law have also been ordered against the parties.^ The cases are so numerous, that only a few of the most remarkable need be given. Piosecu- For offences, not directly concerning the house, the attorney- Housc of Lords addresses the Crown to direct the attorney- general, general to prosecute,^ and the practice of the House of Commons is substantially the same. In some cases, it orders the attorney-general to prosecute, of its own authority, and in other cases addresses the Crown to direct such prosecutions. The principle of this distinction, though not invariably observed, appears to have been, that in offences against the house, or connected with elections, the attorney-general has been directed to prosecute : * but in offences of a more general character against the public law of the country, addresses have been presented to the Crown.^ Commit- Severe punishments were formerly awarded by the Lords fines. in cases of libel, as fine, imprisonment, and pillory : ^ but in modern times commitment, with or without fine, has been the ordinary punishment.'' On the 15th December, 1756, George King was fined 50Z., and committed to Newgate for six months, for publishing "a spurious and forged printed paper, dispensed and publicly sold as his Majesty's speech to both houses of Parliament." ^ In 1798, Messrs. Lambert 1 72 C. J. 245 ; 77 ib. 432, &c. » From 1711 to 1852 there were 2 34 L. J. .^30 ; 11 C. J. 774 ; 23 ib. 20 addresses, two only being election 546; 26ib. 9. 304; 34ib. 464; 44 ib. oases; and 17 orders to prosecute, 463 ; Report Lords' Committee, 18th all being libel or election oases except May, 1716; 20 L. J. 362. one, which was for a riot. " 16 L. J. 286 ; 17 ib. 114 ; 21 ib. " 4 L. J. 615; 5 ib. 241. 244 ; 20 ib. 344; 30 ib. 420; 36 ib. 143; 52 363 ; 22 ib. 353. 354. ib. 881. ' 22 ib. 351. 367. 380. * 1 Hataell, 128, ■«. ; 96 C. J. 394. « 29 ib. 16; 15 Pari. Hist. 779. 413; 109 ib. 159; 112 ib. 355. LIBELS UPON THE HOUSE. 75 Chapter III, Privilege cases brought before the house, see p. 258. Libels on individual members, see p. 79. and Perry were fined 50Z. each, and committed to Newgate -- for three months, for a newspaper paragraph highly reflect- ing on the honour of the house.^ In the Commons, William Thrower was committed to the Precedents custody of the Serjeant, in 1559, for a contempt in icords Commons. against the dignity of the house. In 1580, Mr. Arthur Libels on Hall, a member, was imprisoned, fined, and expelled, for '■'^^ '>°"^°- having printed and published a libellous paper containing "matter of infamy of sundry good particular members of the house, and of the whole state of the house in general, and also of the power and authority of the house." In 1628, Henry Aleyn was committed to the custody of the Seijeant for a libel on the last Parliament.^ In 1643, the Archdeacon of Bath was committed for abusing the last Parliament. In 1701, Thomas Colepepper was committed for asserting that members of the previous House of Commons had received money from France; and the attorney-general was directed to prosecute him. In 1805, Peter Stuart was committed for printing, in his newspaper, severe comments on the treatment of Lord Melville by the house. In 1810, Sir F. Burdett, a member, was sent to the Tower for publishing an address to his constituents denying the right of the house to imprison for breach of privilege. In 1819, Mr, Hobhouse, having acknowledged himself the author of a pamphlet denouncing the resistance offered by the House of Commons to parliamentary reform, was com- mitted to Newgate.^ On the 26th February, 1838, com- plaint was made of expressions in a speech of Mr.'O'Connell, a member, at a public meeting, as containing a charge of foul perjury against members of the house, in the discharge of their judicial duties in election committees. Mr. O'Connell was heard in his place, and avowed that he had used the expressions complained of. He was declared guilty of a breach of privilege, and, by order of the house, was re- primanded in his place by the Speaker.* A charge that the ' 41 L. J. 506. 2 1 C. J. 60. 126. 925; D'Ewes, 291-298. = 2 C. J. 63; 13 ib. 735; 60 ib. 113 ; 65 ib. 252 ; 75 ib. 57. * 93 ib. 307. 312. 316. 76 LIBELS UPON THE HOUSE. Commons permitted the presence amongst them of men Chapter " whose political existence depends on an organized system ! — of midnight murder," has been held to be not a case of privilege.* The power of the house to commit the authors of libels was questioned before the Court of King's Bench, in 1811, by Sir F. Burdett, but was admitted by all the judges of that court, without a single expression of doubt.^ Assaults, 4. Interference with or reflections upon members have libds upon ^^^'^ resented as indignities to the house itself. members. j^ ^j^g Lords, this offence has been visited with peculiar Lords, IP 1 • severity, of which numerous instances are to be found in the earlier volumes of their journals.^ On the 22nd March, 1623, Thomas Morley was fined lOOOZ., sent to the pillory, and imprisoned in the Fleet, for a libel on the lord keeper ; and on the 9th July, 1663, Alexander Fitton was fined 5001., and committed to the King's Bench, for a libel on Lord Gerard of Brandon, and ordered to find sureties for his behaviour during life.* In later times, parties have been attached for libels on peers, as in 1722, for printing libels concerning Lord Strafford and Lord Kinnoul ; and fined and committed, as in the case of Flower, in 1799, for a libel on the Bishop of Llandaff. In 1776, Kichard Cooksey was attached for sending an insulting letter to the Earl of Coventry, repri- manded, and ordered into custody until he gave security for his good behaviour. In 1834, Thomas Bittleston, editor of the Morning Post, was committed to the custody of the usher of the Black Eod for a paragraph in that newspaper reflecting upon the conduct of Lord Chancellor Brougham, in the discharge of his judicial duties in the House of Lords.^ * Times, 22ad Feb. 1887, 311 and imprisonment, for the same H. D. 3 B. 286 ; see also 2nd Aug. offence, 12 [ib. 174 ; Downing im- 1888, 143 0. J. 420. prisoned and floed, 14 ib. 144. ' Burdett v. Abbot, 14 East, 1. » 22 ib. 129 ; ib. 149 ; 42 ib. 181 ; = 3 L. J. 842. 851 ; 4 ib. 131 ; 5 39 ib. 314. 331 ; 66 ib. 704. 737. 743. ib. 24. 764 ; Hansard, 27th, 28th, and 30th » 3 ib. 276; irib. 554; W. Carr June, 1834. ■was also punished by fine, the pillory. ASSAULTS ON MEMBERS. 77 Chapter In the Commons, on the 12th April, 1733, and 1st June, Commons. '^— 1780, it was resolved that it was a high infringement of the privilege of the house, a crime and misdemeanour, to assault. Assaulting . 1 • • obstruct- insult, or menace any member oi the house, m his coming ing, or or going from the house, or upon the account of his ing^mem- behaviour in Parliament ; or to endeavour to compel '"'''*• members by force to declare themselves in favour of or against any proposition then depending, or expected to be brought before the house.^ Challenges And in numerous instances, as well before as after these members, resolutions, persoDS assaulting, challenging, threatening, or see p. 319. otherwise molesting members on account of their conduct in Parliament, have been committed or otherwise punished by the house. On the 22nd June, 1781, complaint was made that Sir J. Wrottesley had received a challenge for his conduct as a member of the Worcester election committee ; and Swift, the person complained of, was committed to the custody of the Serjeant.^ Daniel Butler, a sheriff's officer, was com- mitted to Newgate, 13th April, 1809, for arresting and insulting Sir Charles Hamilton.^ On the 11th July, 1824, the Speaker, having received information that a member had been assaulted in the lobby, ordered the Serjeant to take the person into custody ; and doubts being entertained of his sanity, he was ordered to stand committed to the custody of the Serjeant.* In 1827, complaint was made of three letters which had been sent to Mr. Secretary Peel, threatening to contradict bis speeches from the gallery of the house. The letters were read, and the writer, H. C. Jennings, ordered to attend. He acknowledged the letters, was declared guilty of a breach of privilege, and received a reprimand from the Speaker.^ On the 12th June, 1876, complaint was made of a letter to a member, intimating that, under the rules of the Eeform Club, he was liable to be removed for bis ■ 22 C. J. 115; 37 ib. 902. = 64 ib. 210. 213. 2 38 ib. 535. 537; see also 15 ib. ' 79 ib. 483. 405 ; 16 ib. 562, &c. = 82 ib. 395. 309. 78 ASSAULTS ON MEMBERS. political conduct : but no action was taken by the Chapter house.^ Wrongful On the 10th February, 1888, a member, who was mis- Arrest or members taken for another person, on quitting the precincts of the ^„|, ^^ ^"^ house, was wrongfully arrested by a police officer upon a "^"^"^^g warrant issued under the Criminal Law (Ireland) Act, 1887. At the next sitting of the house the matter was brought forward, and a motion proposed that a high infringement of the privilege of Parliament had been committed. This motion was, however, set aside by an amendment expressing the regret of the house for the occurrence, and stating that, as it arose from a mistake, it was unnecessary to proceed Seryice further with the matter.^ Again, on the 26th November, precincts. 1888, a Complaint that an attempt had been made to serve a summons, also issued under the above-mentioned Act, upon a member in the outer lobby of the house, was brought before the house in committee. Eeport of progress Beport of was made; the Speaker resumed the chair; and a select "o^",^' committee was appointed to consider the matter. The com- "o'"""'**^';' ■*■ ■*■ see p. ODD. mittee reported (8th December) that the attempted service of a summons upon a member within the precincts of the house, whilst the house was sitting, without the leave of the house first obtained, was a breach of the privileges of the house ; but that the committee did not recommend the interposition of the house in any proceedings against the constable who had made the attempted service, as the com- mittee were satisfied that no violation of the privileges of the house was intended ; and subsequently (13th December) when, upon the consideration of the report, a motion was made "that this house doth concur in the report of the committee," an amendment was carried, " that the house do now proceed to the orders of the day." ^ > 131 C.J. 252; 229 H.D. 3 s. 1670. and who, in consequence, suffered " 143 0. J. 30. 322 ; H. D. 3 s. 262. fine and imprisonment, is the earliest » 143 0. J. 484. 503. 511; Pari. example of breach of privilege by Paper, 1882, Ko 411. The case of the service of a citation in a royal Bogo de Clare, who cited the Earl of palace, and not of freedom from Cornwall in "Westminster Hall, during arrest, p. 109, ». 4, 1 Eot. Pari. 17. It Parliament time, 18 Edw. I. (1290), has been doubted whether a writ of on LIBELS ON THE SPEAKEE. 79 Chapter An accusation of partiality in the administration of the Libds on . „_ J closure, directed against the Speaker by a member at a speaker. public meeting, was informally brought before the house by a question addressed to the chair. The Speaker, in his reply, explained the nature of the offence which had thus been committed against the house by the member's conduct towards the Speaker; and the member made, in conse- quence, an apology in terms that averted the consequences of the offence. Subsequently, however, the same member published in a newspaper a letter which contained a repe- tition of the same offence against the Speaker. The house thereupon, having heard the member in his place, resolved that the letter was a gross libel upon Mr. Speaker, deserving the severest condemnation of the house, and that the member be suspended from the service of the house for the remainder of the session, or for one calendar month, whichever should first terminate.^ Mode of Libels upon members have also been constantly punished : Libels se^p.^Qsg. l"^* *o constitute a breach of privilege they must concern the character or conduct of members in that capacity ; and, as is explained on p. 261, the libel must be based on matters arising in the actual transaction of the business of the house. Cases not Aspcrsions upon the conduct of members as magistrates, or °cge"slep. officers in the army or navy, or as counsel,^ or employers of -^^- labour, or in private life, or otherwise than in relation to Parliament, are within the cognizance of the courts, and are not fit subjects for complaints to the House of Commons. In 1680, A. Yarrington and E. Groome were committed for a libel against a member. In 1689, 1696, and 1704, Christopher Smelt, John Eye, and J. Mellot were committed for libelling members. In 1733, William Noble was com- summons to appear in a civil action nor in any palace where he resides, can be served upon a member within nor in any place where the king's the precincts of the houses of Par- justices are sitting." 3rd Inst. 148. liament ; but as it is only a process ' 143 C. J. 385 ; 313 H. D. 3 s. upon such action, it would appear to 371 ; 329 ib. 48 ; 27th July, 1891, 146 be warranted by the statutes cited C. J. 481 ; complaints, 13th March, above. But " no arrest can be made 4th July, 1893. See also p. 853. in the king's presence, nor within the ' Dr. Kenealy's case, 4th March, verge of tbe Palace of Westminster, 1875; 222 H. D. 3 s. 1185. 80 LIBELS UPON MEMBERS. mitted for asserting that a member received a pension for Chapter his Toting in Parliament. lu 1774, H. S. Woodfall was committed for publishing a letter reflecting on the character of the Speaker. In 1821, the author of a paragraph in the John Bull newspaper, containing a false and scandalous libel on a member, was committed to Newgate.'^ On the 1st March, 1824, Mr. Abercromby made a com- plaint to the house that the lord chancellor in his court had used offensive expressions with reference to what had been said by himself in debate : but on division the matter was not allowed to proceed any further.^ Other cases, too numerous to mention, have occurred, in some of which the parties have been committed or repri- manded.' In 1844, a member having made charges at a public meeting against two members of the house, was ordered to attend in his place ; and after he had been heard, the house resolved that bis imputations were wholly unfounded and calumnious, and did not effect the honour and character of the members concerned.* A complaint was made 17th February, 1880, of the publication of printed placards throughout the city of Westminster, reflecting upon the conduct of Sir Charles Eussell, member for that city, and signed by Mr. PJimsoU, a member. On the 20th February, Mr. Plimsoll, having withdrawn and apologized for the expressions complained of, the house condemned his conduct as a breach of privilege : but, having regard to the withdrawal of the expressions complained of, resolved that no further action was necessary.^ » 9 C. J. 651. 656 ; 10 ib. 244 ; 11 eervations, 15th March, 1883, 277 H. ib. 656; 14 ib. 565; 23 ib. 245; 34 D. 3 s. 570. Charges by the Times ib. 456 ; 76 ib. 335. against a, member of giving to the ^ 10 H. D. n. s. 571. house a false explanation (3rd May, » See the head of Pkivileges in 1887), 142 0. J. 208. 215. 218 ; com- the General Journ. Ind. 1547-1713, plaint that the Times had published and Complaints in the other Journal a letter attributed to Mr. Parnell Indexes; and the cases of Mr. Aston (Uth Feb. 1890), 145 C. J. 7; also in 1872 ; Mr. Plimsoll and Pall charges against members, 16th Feb, Mall Gazette in 1873 ; Mr. O'Donnell 1893. and the Globe in 1878; Sir S. » Mr. Ferrand's case, 24th and Northoote and Mr. Callan; Speeches 26th April, 1844, 99 C. J. 235. 239. by John Bright, 138 C. J. 280; 140 * 135 C. J. 46. 54; 250 H. D. 3 s. ib. 358; see also Mr. Speaker's ob- 797. 1108. LIBELS UPON MEMBERS. 81 Chapter On Some occasions the house has also directed prosecu- ' tions against persons who have published libels reflecting upon naembers, in the same manner as if the publications had affected the house collectively.^ Offer of Scandalous charges or imputations directed against influence members of a select committee are equivalent to libellous IZmmee, charges brought against the house itself.^ see p. 397. Jq 1832, Messrs. Kidson & Wright, solicitors, were ad- Eeflections monished for having addressed to the committee on the bei^o"" Sunderland Dock Bill, a letter reflecting on the conduct of ^*^^°' . . . corn- members of the committee, copies of which were circulated mittees. in printed handbills.^ On the 1st June, 1874, Mr. France was admonished at the bar, by the Speaker, for addressing a letter to the chairman of the committee on explosive substances, imputing unfair conduct to him and otlier members of the committee.* On the 2nd May, 1695, the house resolved that " the offer Ofifeiin? of money, or other advantage, to a member of Parliament, me'mbeis. for the promoting of any matter whatsoever, depending or to be transacted in Parliament, is a high crime and mis- demeanour," ^ Select And in the spirit of this resolution, the offer of a bribe, seTp'ss?' -"^ order to influence a member in any of the proceedings of the house, or of a committee, has been treated as a breach of privilege, being an insult not only to the member himself, but to the house.^ Charges So also the acceptance of a bribe by a member has ever. Acceptance menZrs ^7 t^e law of Parliament, been a grave offence, which has ly „,' °^ before a i^ggjj yigitgd by the severest punishments. In 1677, Mr.^"'- committee, ■' '■ see p. 392. John Ashburnham was expelled for receiving 500Z, from the Personal^ French merchants for business done in the house.'' In 1694, interest m a vote, see Sir John Trevor was declared guilty of a high crime and p. 353. » 13 C. J. 230 ; 14 ib. 37. 1022. 1063. 1198, &o. => 315 H. D. 3 s. 647. ^ 129 C. J. 181. 189 ; 219 H. D. 3 s. = 87 0. J. 278. 294. For similar 752. 755. cases of libels upon committees, ° IIC. J. 331. see 72 ib. 232 (Police Committee, « 11 ib. 274. 275; 14 ib. 474; 17 1816) ; 93 ib. 436 (Shaftesbury Elec- ib. 493. 494 ; 19 ib. 542. tion); 113 ib. 189, &c. (Carlisle and ' 9 ib. 24. Hawick Railways) ; 150 H. D. 3 s. P. G mem- 82 OFFERED BRIBES. inisdemeanour,in having, while Speaker of the house, received chapter a gratuity of a thousand guineas from the City of London, L„ after the passing of the Orphans Bill, and was expelled.^ In 1695, Mr. Guy, for taking a bribe of two hundred guineas, was committed to the Tower,^ and Mr. Hungerford was expelled, for receiving twenty guineas for his service as chairman of the committee on the Orphans Bill.^ Nor has the law of Parliament been confined to the repression of direct pecuniary corruption. To guard against indirect influence, it has further restrained the acceptance s^e also of fees by its members, for professional services connected ^°oS» with any proceeding or measure in Parliament.* '»• *• Counsel A member is accordingly incapable of practising as mitteesTc". counscl before the house, or any committee. By resolution, Pariiamen- 26th February, 1830, members of the House of Commons agency. ^^'® prohibited from engaging, either by themselves or by a partner, in the management of private bills, before this or the other house of Parliament, for pecuniary reward.^ Nor is it consistent with parliamentary or professional usage for a member to advise, as counsel, upon any private bill, or other proceeding in Parliament. Counsel By resolution 6th November, 1666, members are prohibited Lords! ° from acting as counsel on either side, in bills depending in the House of Lords, before such bill shall come down there from the House of Commons.^ In the case, however, of the bill then pending against her Majesty Queen Caroline, Mr. Brougham and Mr. Denman, the queen's attorney and Ml C. J. 274; 5 Pari. Hist. 900- acted or been concerned, for or in 310. consideration of any pecuniary fee or '^ 5 ib. 886. reward." See Mr. Speaker's ruling ' 11 C. J. 283; 5 Pari. Hist. 911. regarding the scope of this resolution, Eeprimand was administered to Mr. reported Times, 11th Feb. 1893. Bird for offering to a member one Proceedings and report on the peti- guinea for preparing a petition, 5 tion of Edward Coffey, 1858, 148 Pari. Hist. 910. H. D. 3 s. 1855, &o. ■■ By resolution 22nd June, 1858, ' See complaint 18th April, 1884, 113 0. J. 247, the Commons declared of a circular sent by a member to the that it is derogatory to the dignity of members of the house soliciting their the house, " that any of its members votes for the third reading of a should bring forward, promote, or private bill, for which his son was advocate in this house, any proceed- the solicitor, 139 0. J. 167. ing or measure in which he may have " 8 ib. 646. INTERFEEBNCE WITH OFFICEES. 83 Chapter solicitor-general, and the king's attorney and solicitor- III. . general, and Dr. Lushington, were permitted to plead as counsel at the bar of the House of Lords : but such leave was not to be drawn into a precedent.^ It was also understood that, if the bill should be received by the Commons, none of those gentlemen would be permitted to vote upon it.^ It was formerly the custom to give leave to members to Appenis plead at the bar of the House of Lords on appeals, the last Snittee of instance being in 1710, since which time members have been P"^' '^^''^' accustomed to plead without leave, in all judicial cases before the House of Lords, and before the committee of privileges.^ Assaults, or interference with officers of the house, while inter- in the execution of their duty, have also been punished as with breaches of privilege.* '''^'=''■'• To commence proceedings in a court of law against any Leg.ai pro- person for his conduct in obedience to the orders of Parlia- against ment, or in conformity with its practice, is a breach of "^''thei-g privilege. Accoi'ding to present usage, however, if such an forthepev- action be commenced against an officer of the house, the of pariia- Commons have given leave to the officer to appear in the dlfucs."'^ action, when the law officers of the Crown, either by the order of the house,^ or upon direction given by a minister of the Crown, undertake the officer's defence ; or, if it seems expedient, the Speaker can, at his discretion, place the defence of the officer in the hands of the Government. The courts of law have refused to entertain actions brought against members of Parliament, or against an officer of the ■ 12th July, 1820, 75 O.J. 444; ' Sib. 88; 10 ib. 336; 16 ib. 436; 2 H. D. n, s. 400. see also 1 H. D. u. a. 402. 2 Leave was given to Mr. Boebuok * 19 0. J. 366. 370; 20 ib. 185. to plead at the Lords' bar in support ' This course was pursued in the of the Sudbury Disfranchisement cases of Burdett v. Abbot, Howard Bill ; but leave was refused to Mr. 0. v. Gosset (see p. 65) ; of Lines v. Buller to plead before the Lords Eussell (p. 141); of Bradlaugh v. upon the Bolton "Waterworks Bill, Erskine, and Bradlaugh i). Gosset (p. 18th July, 1842, 97 C. J. 499; 4th 141). See also the second report May, 1846; 101 ib. 627; 86 H. D. from the cotamittee on printed papers, 3 s. 92 ; see also 8 0. J. 322 ; 9 ib. cited, p. 140. 86 (Dean Forest Bill). 84 INTERFERENCE WITH -WITNESSES. house, for acts done in tlie transaction of parliamentary busi- Chapter ness. A person forwarded to two members a petition for J presentation ; and the petitions were returned to the sender, because tliey infringed the rules of the house. That person in consequence brought actions against the members and the clerk who had acted in the matter: but the actions were dismissed on the ground that the causes of complaint were not cognizable by a court of law.^ Tampering To tamper with a witness in regard to the evidence to be Sessional nesses. given by him before the house, or any committee of the pemji'^^ p." house, is a breach of privilege. On the 9th February, 1809, ®^®- during the inquiry into the conduct of the Duke of York, Mrs. Clarke read a letter addressed to her which suggested that she should leave the country. The writer of the letter was taken into custody : during his examination, he was Befusal to closely pressed and obliged to answer all the qiiestions ^^^^''^^^ relating to his interviews with Mrs. Clarke, and his objects see p. 384. in giving her advice as to her evidence. He appealed to the chairman, whether he was bound to answer questions to prove himself guilty of a breach of privilege. No actual decision was given upon this appeal: but throughout his examination, questions of that character had been addressed to him.^ On the 19th June, 1857, a petition was presented, com- plaining that Peter Johnson had offered the sum of 501. to Rothwell, a witness, who had been served with the Speaker's warrant to attend before the Eochdale election committee, to induce him to go abroad for the purpose of avoiding giving evidence before the committee. Newall, the petitioner, and Rothwell, being ordered to attend the house forthwith, were examined ; and a select committee was appointed to continue the inquiry, which resulted, however, in no definite conclusion. Out of this case there arose, incidentally, a question how far a person accused of a breach of privilege is bound to answer questions tending to criminate ' Chaffers v. Goldsmid, West- Lord Mayor's Court, Times reports, minster Comity Court, 13tli Aug. 1st April and 20th May, 1892. 1891 ; Chaffers v. Simeou, Div. Court ' 12 H. D. 461.' Queen's Bench ; Chaffers v. Gibbs, PUNISHMENT OF BREACH OF PRIVILEGE. 85 Chapter himself, on which considerable differences of opinion weie '- — entertained.^ When the Speaker is accompanied by the mace, he has Persons power to order persons into custody for disrespect, or other by the breaches of privilege committed in his presence, without the ^P*'''^*''- previous order of the house. Mr. Speaker Onslow ordered a man into custody who pressed upon him in Westminster Hall; and a case is mentioned by U'Ewes in which a member seized upon an unruly page and brought him to the Speaker, by whom he was committed prisoner to the Seijeant. In 1675, Sir Edward Seymour, the Speaker, seized Mr. Serjeant Pemberton, and delivered him into the custody of a messenger : but in that case Pemberton had already been in custody, and had escaped from the Serjeant- at-arms.^ In all these classes of offences, both houses will commit, inquiry or otherwise punish, in the manner described : but not with- b^eachcs^ of out due inquiry into the alleged offence. privilege. The Lords, by standing orders Nos. 82 & 83, have en- Lords. deavoured to impose restraint upon frivolous complaints of breach of privilege.® Before the year 1845, it had been customary for the House of Lords, when inquiring into an alleged breach of privilege, to conduct the inquiry with closed doors : * but, in later cases, strangers have not been ordered to withdraw. In the Commons, under resolutions, 31st January, 1694, Commons. and 3rd January, 1701, no person should be taken into custody, upon complaint of breach of privilege, before the matter be first examined by the committee of privileges. Committee and reported to the house, though it was also declared, ie 146 H. D. 3 s. 97. In 1857, the ' See also Commons' resolution to Congress of the United States passed the same effect, 11th Feb. 1768, 31 a bill making it a misdemeanour to C^ J. 602. refuse to answer questions put in * Lord Hawarden's case, 31 Jan. either House of Legislature. 1828; 59 H. D. 69. The umbrella ' 2 Hatsell, 241, n. ; D'Ewes, 629 ; case, 26th March, 1827, 58 H. D. 35. 9 C. J. 351. 353; see also 1 ib. 157. ' 11 C. J. 219; 13 ib. 648. 210. 972. 86 PUNISHMENT OF BREACH OP PRIYILEGE. It is no longer the practice to refer sucli matters to the Chapter committee of privileges, although that committee is still ' nominally appointed. Its appointment^ at the commence- ment of each session, was discontinued in 1833, together •with that of the ancient grand committees : but has since been reyived, pro forma. It has not been customary, how- ever, to nominate the committee : but in 1847, a complaint having been made of the interference of a peer in the West Gloucester election, the order for the appointment of the committee of privileges was read, and the committee was nominated, consisting of nine members, and of all knights of the shire, gentlemen of the long robe, and merchants in the house. In 1857, a committee, constituted in a similar manner, was appointed to consider the oaths of members, and consisted of twenty-five members, nominated by the house, and all gentlemen of the long robe.^ Proceed- It is the present practice, when a complaint is made, to I'ower to coS-"^°" order the person complained of to attend the house; ^ and on fgrJance plaints. jiis appearance at the bar, or, if a member, in his place, he is ^^^ P- ^^• examined and dealt with, according as the explanations of Attendance his conduct are satisfactory or otherwise ; or as the contrition °„ custody, expressed by him for his offence, conciliates the displeasure ^^^ f' ^^' of the house. If there be any special circumstances arising out of a complaint of a breach of privilege, it is usual to appoint a select committee to inquire into them, and the Privilege 1 1 -J. • J J. i'l ii • ill committees house suspends its judgment until their report has been appointed presented ; ^ and although any member may bring the matter f<"'^^^'^^ so reported before the house, it is usual to leave this duty to the charge of the chairman of the committee.* An order has been made that the incriminated person might appear by counsel before the committee, on the consideration of ■ 103 C.J. 139; 112 ib. 369. This » Eoohdale Election case, 19th term is understood to comprise all June, 1857, 112 C. J. 232 ; 146 H. D. members who, at the time, would be 3 s. 97, &o. ; Tower High Level qualified to practise as counsel, ao- Bridge Bill, 1879, cases of Grissell cording to the rules and usage of the and Ward, 134 0. J. 326; Cambrian profession, whether actually prac- Railway case, see p. 124. tising or not. « 4th April, 1892, 3 Pari. Deb. 4 s. 2 112 0. J. 231 ; 113 ib. 189, &c. 598. PUNISHMENT OP BEEACH OF PRIVILEGE. 87 Chapter evidence given against liim " upon all such points as do not '. - controvert the privileges of the house." ^ When a complaint is made of a newspaper, the newspaper Complaints itself must be produced, in order that the paragraphs paperl! complained of may be read.^ And a member complaining of the report of his speech in a newspaper, has been stopped by the Speaker, when it appeared that he had no copy of the newspaper on which to found his complaint.^ Complaint being made on the 23rd February, 1880, of a series of articles in several newspapers, the Speaker said that if he called upon the Clerk to read all those articles he should be trifling with the house, and that he should therefore take leave to depart from the ordinary course.* The member who makes the complaint must also be prepared with the names of the printer or publisher;^ and it is irregular to make such a complaint, unless the member intends to follow it up with a motion.^ But such a motion has been confined to declaring the article, or letter, to be a breach of privilege, without further action.'' Proceedings against a member have been occasionally Words commenced by a question addressed to him upon theam"mbei\ subject ; ^ and where an apology or retractation is expected, a more formal proceeding may thus be averted. But generally the most convenient course is to make the com- plaint, and to found a motion upon it. The matter may then be regularly discussed by the house. On the 4th March, 1875, Dr. Kenealy having addressed a question to ' 22qc1 March, 1771, 33 C. J. 279. once arrested, 239 H. D. 3 s. 532-536. ' 113 ib. 189; 150 H. D. 3 s. ^ 135 0. J. 57. 1022. 1063. An article complained = 104 H. D. 3 s. 1056. of (Times, 2nd May, 1887) was, by the » 59 ib. 507. Speaker's direction, circulated with ' Mr. Ferrand's case, 99 0. J. 235. the notice paper, 3rd May, 1887, 314 239 ; complaint (Times) report of H. D. 3 s. 758. committee of privileges, 109 ib. 318 ; = On the 4t,h April, 1878, Mr. 136 ib. 272; complaint (Times), 16th Pamell, having complained of three Feb. 1893. newspapers, brought up to the table ' Mr. Sullivan and Mr. Lopes, certain extracts pasted upon paper, 12th Feb. 1875; 222 H. D. 3 s. 269; and upon the Clerk calling Mr. Mr. Yorke and Mr. H. Gladstone. Speaker's attention to the irregu- 16th March, 1883. larity, further proceedings were at 88 PUNISHMENT OF BEEACH OF PEIVILEGE. Mr. Evelyn Ashley, and received an answer, proceeded to Chapter give notice to bring the matter forward on the following '. — day. But Mr. Lowe rose to discuss it at once, in moving an adjournment. Upon that question a debate ensued, and, on the withdrawal of the motion, a resolution was agreed to, that the house, having heard the explanations of the two members, should proceed to the orders of the day.^ Offences in Either house will punish in one session offences that have session. been committed iu another.^ In 1879, C. E. Grissell, having neglected to attend the house to answer for a breach of privilege (see p. 397), was ordered into the custody of the Serjeant, but evaded the execution of the Speaker's warrant, by going abroad, until two days before the close of the session, when he was committed to Newgate.^ On the 2nd March, 1880, a petition submitting himself to the house was presented, when he was ordered to be sent for in the custody of the Serjeant. Being taken into custody, he was ordered to stand committed to the Serjeant, and to be brought in; custody to the bar on the following day; when, having 'failed to satisfy the house by his apologies, it was ordered that " having evaded punishment for his offences, until the close of the last session, he be committed to the gaol of Newgate." * It also appears that a breach of privilege committed against one Parliament may be punished by another ; and libels against former Parliaments have been punished.^ Differences In all the cascs that have been noticed as breaches of punis^h- privilege,' both houses have agreed in their adjudication : but fl-^t V h' ■'^ several important particulars there is a difference in their the Lords modes of punishment. The Lords have claimed to be a Commons, court of record, and, as such, not only to imprison, but to impose fines. They also imprison for a fixed time, and order security to be given for good conduct ; and their "customary form of commitment is by attachment. The Commons, on ' 222 H. D. 3 s. 1185. * 135 ib. 70. 73. 77. 2 21 L. J. 189 ; 15 0. J. 376. 386 ; "1 ib. 925 ; 2 ib. 63 ; 18 ib. 735 ; 17 ib. 293 ; 20 ib. 549 ; 22 ib. 210 ; see also Mr. Selden's statement, 1 Mr. Murray's case, 26 ib. 303. Hatsell, 184. ' 131 ib. 366. 432. 435. PUNISHMENT OF BREACH OF PRIVILEGE. 89 Chapter the other hand, commit for no specified period, and during ' — the last two centuries, have not imposed fines (see p. 90). There can be no question that the House of Lords, in its judicial capacity, is a court of record : but, according to Lord Kenyon, " when exercising a legislative capacity, it is not a court of record." ^ However this may be, instances too numerous to mention have occurred, in which the Lords Fines im- have sentenced parties to pay fines. Many have already the Lords. been noticed in the present chapter, as well as cases in which they have ordered security to be given for good conduct, even during the whole life of the parties.^ The Lords have power to commit offenders to prison for Commit- a specified term, even beyond the dui-ation of the session ; * specified and thus on the 13th August, 1850, being within two days of ^^g^Lords the prorogation, certain prisoners were committed for a fort- night.* If no time were mentioned, and the commitment were general, it has been said that the prisoners could not be discharged on habeas corpus even after a prorogation ; ^ but in the case of Lord Shaftesbury, a doubt was expressed by one of the judges whether the imprisonment, which was for an uncertain time, would be concluded by the session; and another said, that if the session had been determined, the prisoner ought to have been discharged.^ Whether the House of Commons be, in law, a court of Whether record, it would be difficult to determine ; for this claim, Commons once firmly maintained,has latterly been virtually abandoned, of record' although never distinctly renounced. In Fitzherbert's case, in 1592, the house resolved, " That this house being a court of record, would take no notice of any matter of fact at all in the said case, but only of matter of record ; " and the record of Fitzherbert's execution was accordingly sent to the house by the lord keeper. The apology of the Commons, » Flower's case, 1779 ; 8 Durnf. & * Lords' Minutes, 13th Aug. 1850. East, 314. " Lord Denman's judgment in ' Kesolution, 3rd April, 1624, 3 Stockdale v. Hansard, 1839 (283), p. L. J. 276 ; 11 ib. 554 ; 12 ib. 174 ; 14 147. ib. 144; 30 ib. 493 (Report of Pre- " 6 Howell, St. Tr. 1296; 1 Mod. cedents) ; 42 ib. 181 ; 43 ib. 60. 105 ; Eep. 144 ; see report by the Serjeant 39 ib. 331. ofapriaoner'sdiseharge, "of course" s 43 L. J. 105. by a prorogation, 26 L. J. 420. 99 PUNISHMENT OF BREACH OF PRIVILEGE. 1604, contains these words : " We avouch also that our Chapter house is a court of record, and ever so esteemed," On ! mons. the other hand, in Jones v. Eandall,^ Lord Mansfield said the House of Commons was not a court of record; yet acting as a court of record, the Commons formerly imposed fines and imprisoned offenders for a time certain.^ Fines im- In Floyde's case, in 1621, the Commons clearly exceeded the Com- their jurisdiction. That person had spoken offensive words concerning the daughter of James I. and her husband, the elector palatine. In this he may have been guilty of a libel, but certainly of no breach of parliamentary privilege. Yet the Commons took cognizance of the offence, and sentenced Floyde to pay a fine of lOOOZ., to stand twice in the pillory, and to ride backwards on a horse, with the horse's tail in his hand.^ Upon this judgment being given, first the king and then the Lords interfered, because the oflTence was beyond the jurisdiction of the Commons. The Commons perceived their error, and left the offender to be dealt with by the Lords. But if the Commons exceeded their juris- diction in this case, the Lords equally disregarded the limits of their own, and proceeded to still more disgraceful severi- ties. > Floyde was sentenced that he should be incapable of bearing arms as a gentleman ; that he should ride twice to the pillory with his face to the horse's tail, holding the tail in his hand ; that he should be branded with the letter K on his forehead, be whipped at the cart's tail, be fined 5000Z. to the king, and be imprisoned in Newgate for life.* The last case of a fine by the Commons occurred in 1666, when a fine of lOOOZ. was imposed upon Thomas White, who had absconded after he had been ordered into the custody of the Serjeant-at-arms.^ ' D'Ewes, 502 ; 1 Hatsell, 233"; see 1250. also Sir E. Coke's statement, 1 C. J. * 1 C. J. 619 ; 3 L. J. 134 ; "Pro- 604 ; 1 Oowp. 17. ceedings and Debates of the Com- ^ Smalley's case, 1575 ; Hall's case, mons," 1620, 1621 (Oxford) ; and 1 1580; 1 0. J. 112. 113. 125. 126; Hans. Pari. Hist. 1259 ; see also tlie also 7 ib. 531. 591 ; 9 ib. 543. 687. treatment of Nayler by the Protec- 737 ; 10 ib. 84 ; 12 ib. 255. 256 ; torate Parliament, 7 C. J. 465 ; Pal- D'Ewes, J. 366. grave's Oliver Cromwell, 187. » 1 C. J. 609 ; 1 Hans. Pari. Hist. = 8 C. J. 690. PUNISHMENT OF BKEACH OF PRIVILEGE. 91 Chapter The modern practice of the Commons is to commit persons Present - ._.^ ■ to the custody of the Serjeant-at-arms, to Newgate, or to punish- the Tower, during the pleasure of the house ; and to keep "™'' offenders there until they present petitions praying for their release, and expressing contrition for their offences ;^ or until, upon motion made in the house, it is resolved that they shall be discharged.^ It is then usual for the parties to be brought to the bar, by the Serjeant with his mace, and, after a repri- mand from the Speaker, to be discharged on payment of their fees (see p. 92).^ But occasionally their attendance at the bar, and the reprimand, have been dispensed with.* A member, if in custody of the Serjeant, is reprimanded at the bar ; but, otherwise, in his place.^ It is not customary to order a person to be reprimanded Reprimand unless he be in custody, though there are some examples nition.""" of a different practice ; '^ and orders have been made that the person incriminated do attend to receive a reprimand.'' When the offence has not been so grave as to cause the commit- ment of the offender, he is generally directed to be " ad- monished;" the Serjeant, bearing the mace, standing by whilst the admonition is pronounced.** The Speaker's See formal reprimand or admonition is always ordered to be entered motions, ^^ ^2ie journals. Where the offence has been slight, or the entry of apology is accepted as satisfactory, even an admonition words in has been dispensed with; and the house has resolved to p!'!^.' ^^^ proceed no further in the matter (such resolution being communicated to the person concerned, by the Speaker);** ' It has been customary to order 134 0. J. 385 ; Mr. Bradlaugh, 24th such petitions to be printed and con- June, 1880 ; 135 ib. 241 ; 86 ib. 333 ; sidered on a future day. 97 0. J. 90 ib. 532 ; 95 ib. 96 ; 101 ib. 768. 180. 209; 106 ib. 151; 113 ib. 196; * 21 ib. 872; 45 ib. 516; 93 ib. 134 ib. 381 ; 150 H. D. 3 s. 1198. 316 ; 147 ib. 167. 2 95^0. J. 291. 337; 97 ib. 224. « 5 Pari. Hist. 910 ; 82 C. J. 395. ' On the 9th May, 1604, it was 399 ; 93 ib. 316 ; 147 ib. 166. " delivered for a rule, that no delin- ' Bidtaead's case, 20th June, 1887, quent is to be brought in, but by 142 C. J. 306. the Serjeant with his mace," 1 ib. ' 87 ib. 294; 88 ib. 218; 97 ib. 204; 82 ib. 399; 87 ib. 365; 97 ib. 143. 240 ; 106 ib. 289. = Case of Mr. Hope, 17th July, ' 75 ib. 467; 103 ib. 263; 113 ib. 1822, 77 ib. 432; 7 H. D. 2 s. 203 ; 150 H. D. 3 s. 1313. 1404. John 1668. Sandilands Ward, 29th July, 1879; 92 PUNISHMENT OF BEEACH OP PRIVILEGE. Payment of fees. Imprison- nient by the Com- mons con- cluded by proroga- tion. or tliat the person be excused or discharged from further Chapter attendance.-' '. — Payment of fees was formerly remitted, by order, under special circumstances : ^ but, according to present usage, no order for the payment of fees is made, unless called for by the nature of the offence.^ No period of imprisonment is named by the Commons, and the prisoners committed by them, if not sooner dis- charged by the house, are immediately released from their confinement on a prorogation, whether they have paid the fees or not. If they were held longer in custody, they would be discharged by the courts, upon a writ of habeas corpus.* Prisoners It was formerly the practice to make prisoners receive the the bar. judgment of the house, kneeling at the bar : in both houses, however, this practice has long since been discontinued.^ The discontinuance of this practice arose from the refusal of Mr. Murray to kneel, when brought up to the bar of the House of Commons, on the 4th February, 1750. For this refusal he was declared " guilty of a high and most dangerous contempt of the authority and privilege of this house ; " was committed close prisoner to Newgate, and not allowed the use of pen, ink, and paper.^ It appears that there had previously been only one other instance of such a refusal to kneel.'' ' Case of Mr. Menzies, 17th July, 1822 ; case of Mr. Eeed, 27th Feb. 1863, 118 C. J. 106. ' 58 ib. 221 ; 74 ib. 192 ; 80 ib. 470 ; 83 ib. 199; 85 ib. 465 ; 90 ib. 532 ; 106 ib. 147 ; 107 ib. 301 ; 108 ib. 595, &o. ^ See last three oases, 113 ib. 208 ; 114 ib. 342; 134 ib. 385. * Lord Denman's judgment in Stookdale v. Hansard, 1839 (283), p. 142. But this law never extended to an adjournment, even when it was in the nature of a prorogation; see 10 0. J. 537. = Resolution 16th March, 1772, 33 ib. 594. ° 14 Hans. Pari. Hist. 894 ; 1 Wal- pole's Memoirs of George II. 15. ' Eeport of Precedents, 26 C. J. 48. There had, however, been simi- lar oases before the Lords, 3 Pari. Hist. 844. 880. FREEBOM OF SPEECH. 93 Chapter IV. Table of Contents, see p. XX. CHAPTER IV. PRIVILEGE OF FREEDOM OP SPEECH. Freedom of speech is a privilege essential to every free Necessity council or legislature. Its principle was well stated by the of speech. Commons, at a conference on the 11th December, 1667 : " No man can doubt," they said, " but whatever is once enacted is lawful : but nothing can come into an Act of Par- .liament, but it must be first affirmed or propounded by some- body : so that if the Act can wrong nobody, no more can the first propounding. The members must be as free as the houses ; an Act of Parliament cannot disturb the state ; therefore the debate that tends to it cannot ; for it must be propounded and debated before it can be enacted." ^ This important privilege has been recognized and con- conemed firmed as part of the law of the land. According to Elsynge, p^j.it^ "' the " Commons did oftentimes, under Edward III., discuss ™«iit- and debate amongst themselves many things concerning the king's prerogative, and agreed upon petitions for laws to be made directly against his prerogative, as may appear by divers of the said petitions ; yet they were never interrupted in their consultations, nor received check for the same, as may appear also by the answers to the said petitions." ^ In the 20th Eichard II., however, a case occurred in Haxey's which this ancient privilege was first violated, and afterwards °*^^' signally confirmed. Haxey, a member of the Commons, having displeased the king, by offering a bill for reducing the excessive charge of the royal household, was condemned in Parliament as a traitor. But on the accession of Henry IV., Haxey exhibited a petition to the king in Parliament to reverse that judgment, as being "against the law and custom which had been before in Parliament; " and the judgment was reversed and annulled accordingly by the king, with the advice and assent of all the lords spiritual > 12 L. J. 166. ' Elsynge, 177. case. 94 FEEEDOM OF SPEECH. and temporal,^ This was unquestionably an acknowledgment Chapter of the privilege, by the highest judicial authority — the _ — '. — king and the House of Lords ; and in the same year the Commons took up the case of Haxey, and in a petition to the king affirmed "that he had been condemned against the law and course of Parliament, and in annihilation of the customs of the Commons ; " and prayed that the judgment might be reversed, "as well for the furtherance of justice as for the saving of the liberties of the Commons." ^ To this the king also assented, with the advice and assent of the lords spiritual and temporal ; and thus the whole legis- lature agreed that the judgment against Haxey, in deroga- tion of the privileges of Parliament, " should be annulled and held to be of no force or effect." ^ stiode's Again, in the 4th Henry VIII. (1512), Mr. Strode, a member of the House of Commons, was prosecuted in the Stannary Court, for having proposed certain bills to regulate the tinners in Cornwall, and was fined and imprisoned in consequence.* Upon which an Act was passed,^ which, after stating that Strode had agreed with others of the Commons in putting forth bills, "the which here, in this High Court of Parliament, should and ought to be communed and treated of," declared the proceedings of the Stannary Court to be void, and further enacted that all suits, and other proceed- ings against Richard (Strode), and against every other person that now be of the present Parliament, or of any Parliament hereafter, for any bill, speaking, or declaring of any matter concerning the Parliament, to be communed and treated of, be utterly void and of none effect. As the For resoiu- proceedings which had already taken place against Strode ^commm were declared to be void, it is evident that freedom Qf*>ie>-eon,see p. 96, speech was then admitted to be a privilege of Parliament, and was not at that time first enacted ; and that the statute was intended to have a general operation in future, and to ' 1 Hen. rv. ; 3 Rot. Pari. 430. Thomas Young, 33r(i Henry VI. ; 5 - " Si bion en accomplissement de Rot. Pari. 337. droit, come pur salvation des liberte's * i Pari. Hist. 85 ; 1 Hatsell 86. de lez ditz communes." ■' 4 Hen. VIII. c' 8. ' 3 Rot. Pari. 434 ; also the case of FEEEDOM OF SPEECH. 95 Chapter protect all members, of either house, from any question on . account of their speeches or votes in Parliament. Petition bij Thirty years afterwards the petition of the Commons to Petition of the Speaker , i , . . ., , „ ■, -r. ■,. tlie Com- to the save- the king, at the commencement of the Parliament, appears , ' mons. mons' privil see p. 57 SVo/ ^°^ *^® ^^®* *™® *° ^^^^ included this' privilege amongst the Com- those prayed for of the king,^ which has since become the mons' 1 !• 1 J . privileges, established practice. But notwithstanding the repeated recognition of this interpreta- privilege, the Crown and the Commons were not always pHviiege.^ agreed upon its limits. In reply to the usual petition of the Speaker, Sir Edward Coke, in 1593, the lord keeper said, " Liberty of speech is granted you, but you must know what privilege you have ; not to speak every one what he listeth, or what cometh in his brain to utter: but your privilege is ' aye ' or • no.' " ^ In 1621, the Commons, in their protestation, defined their privilege more consistently with its present limits. They afSrmed " that every member hath freedom from all impeachment, imprisonment, or molestation, other than by censure of the house itself, for or concerning any bill, speaking, reasoning, or declaring of any matter or matters touching the Parliament or Parliament business." It is needless to recount how frequently this privilege Violations was formerly violated by the power of the Crown. The Act privilege. of the 4th Henry VIII. extended no further than to pro- tect members from being questioned, in other courts, for their proceedings in Parliament : but its principle should equally have saved them from the displeasure of the Crown. The cases of Mr. Strickland, in 1571, of Mr. Cope, Mr. Wentworth, and others, in 1586, and of Sir Edwin Sandys, in 1621,^ will serve to remind the reader how imperfectly members were once protected against the unconstitutional exercise of prerogative. • The petition 33rd Henry VIII. ment iu the second and ninth years (1541), by Thomas Moyle, Speaker, of his reign, 3 Eot. Pari. 456. 611 ; Elsynge, 176. See also the Com- 4 Inst. 15.x mons' petition for freedom of speech, ' Ixjptrl. Hist. 862. and King Henry IV.'s answer, and ^ 1 Hatsell, 79 ; D'Bwes, 166. 410; his subsequent confirmation of the 4 Pari. Hist. 153; 1 C. J. 685; 1 Hatsell, 136. 137. 96 FREEDOM OP SPEECH. Sir J. Eliot The last occasion on which the privilege of freedom of Chapter an ot ei's. gpgggj^ ^g^g directly impeached, was in the celebrated case '- — of Sir John Eliot, Denzil HoUis, and Benjamin Valentine, against whom a judgment was obtained in the King's Bench, in the 5th Charles I., for their conduct in Parlia- ment. On the 8th July, 1641, the House of Commons declared all the proceedings in the King's Bench to be against the law and privilege of Parliament.^ The judg- ment had been given against the privilege of Parliament, upon the false assumption that the Act of thei 4th Henry VIII. had been simply a private statute for the relief of Strode, and had no general operation. To condemn this construction of the plain words of the statute, the Commons resolved, 12th and 13th November, 1667, " That the Act of Parliament in the 4th Henry VIII., commonly intituled 'An Act concerning Eichard Strode,' is a general law," extending to all members of both houses of Parliament ; " and is a declaratory law of the ancient and necessary rights and privileges of Parliament," and " That the judgment given, 5 Car., against Sir John Eliot, Denzil Hollis, and Benjamin Valentine, in the King's Bench, was an illegal judgment, and against the freedom and privilege of Parliament." The Lords, at a conference agreed to the resolutions of the Commons ; and, upon a writ of error, the judgment of the Court of King's Bench was reversed by the House of Lords, on 15th April, I668.2 Its recogni- TMs would have been a sufficient recognition by law of statute. tbe privilege of freedom of speech : but a further and last confirmation was reserved for the Revolution of 1688. By the 9th Article of the Bill of Eights it was declared, " That the freedom of speech, and debates or proceedings in Parlia* ment, ought not to be impeached or questioned in any court or place out of Parliament." ^ Offensive But, although by the ancient custom of Parliament, as with V^ '^^^^ ^s ^y til® 1^^' ^ member may not be questioned out of Parliament, he is liable to censure and punishment by the Parlia- ment. ' 2 C. J. 203 ; 3 St. Tr. 235-335. = 1 Will, & Mary, sess. 2, c. 2. '' 9 C. J. 19. 25 ; 12 L. J. 166. 223. FKEEDOM OF SPEECH. 97 Chapter house itself, of which lie is a member. The cases in which IV.' ' members have been called to account and punished for offensive words spoken before the house, are too numerous to mention. Some have been admonished, others im- prisoned, and in the Commons some have been expelled.^ Order in Members using unparliamentary language are promptly 1)^318."^ called to order, and generally satisfy the house with an explanation or apology; if not, they will be dealt with under standing order No. 21 or 27, or punished as the 3. o. 2i. house may think fit.^ dix, pp^"' If a member should say nothing disrespectful to the ^^^' ®^^' house or the chair, or personally opprobrious to other members, or in violation of other rules of the house, he may state whatever he thinks fit in debate, however offensive it may be to the feelings, or injurious to the character, of individuals ; and he is protected by his privilege from any action for libel, as well as from any other question or molestation. In the case of an action brought by an Irish midwife against Mr. Arthur Balfour for words spciken ia the house, the court, being satisfied that those words constituted the cause of action, ordered that the writ and statement should be taken off the records of the court, the court having no jurisdiction in the matter.^ But if a member pi-jviiege should publish his speech, his printed statement becomes ^"^^ ^t a separate publication, unconnected with any proceedings in speeches Parliament. This view of the law has been established by published. two remarkable cases. In 1795, an information was filed against Lord Abingdon Lord for a libel. He had accused his attorney of improper pro- ^3^'°^*^°" ^ Sessional conduct, in a speech delivered in the House of Lords, which he afterwards published in several newspapers, at his own expense. Lord Abingdon pleaded his own case in the Court of King's Bench, and contended that he had a right to print what he had, by the law of Parliament, a right ' 4 L. J. 475 ; 5 ib. 77 ; Sir E. and 3rd July, 1882 ; 137 C. J. 323. Canne, 1680, 9 C. J. 642; Mr. Man- 328. ley, 1696, 11 ib. 581 ; Mr. Sliepherd, » Dillon v. Balfour, Q.B.C.P. and 1 ib. 524. Ex. Div. xx. 600. ^ Case of Mr. O'Donnell, 30th June P. H 98 FREEDOM OF SPEECH. Ml-. Crcevey's case. Mr. Wason's case. Rex V, Wriaht. to speak : but Lord Kenyon said, that " a member of Parlia- ment had certainly a right to publish his speech, but that - speech should not be made a vehicle of slander against any individual; if it was, it was a libel." The court gave judgment that his lordship should be imprisoned for three months, pay a fine of lOOZ., and find security for his good behaviour.^ In 1813, a much stronger case occurred. Mr. Creevey, a member of the House of Commons, had made a charge against an individual in the house, and incorrect reports of his speech having appeared in several newspapers, Mr. C. sent a correct report to the editor of a newspaper, with a request that he would publish it. Upon an information filed against him, the jury found the defendant guilty of libel, and the King's Bench refused an application for a new trial.^ Mr. Creevey, who had been fined lOOZ., complained to the house of the proceedings of the King's Bench : but the house refused to admit that they were a l^reach of privilege.^ The Lord Chief Justice of England, in a more recent case, further laid it down, that " if a member publishes his own speech, reflecting upon the character of another person, and omits to publish the rest of the debate, the publication would not be fair, and so would not be privileged," but that a fair and faithful report of the whole debate would not be actionable.* The privilege which protects debates, extends also to re- ports and other proceedings in Parliament. In the case of Eex V. Wright,^ Mr. Home Tooke applied for a criminal information against a bookseller for publishing the copy of a report made by a Commons' committee, which appeared to imply a charge of high treason against Mr. Tooke, after he had been tried for that crime and acquitted. The rule, however, was discharged by the court, partly because the report did not appear to bear the meaning. imputed to it, » 1 Bsp. N. P. C. 228. 1813. 2 See Lord EUenborough's judg- * Wason v. Walter, 21st Deo. ment, 1 M. & S. 278. 1867. ' 68 0. J. 704; H. D. 25th June, = 8 Term Beports, 293. Chapter IV. FREEDOM OF SPEECH. 99 Chapter and partly because the court would not regard a proceeding of either house of Parliament as a libel. By the 3 & 4 Vict. c. 9, passed in consequence of the Publication decision of the Court of Queen's Bench in the case of Stock- mentary dale V. Hansard (see p. 137), it was enacted that proceed- p*p^''^' ings, criminal or civil, against persons for the publication of papers printed by order of either house of Parliament, shall be immediately stayed, on the production of a certi- ficate, verified by affidavit, to the effect that such publica- tion is by order of either house of Parliament. Proceedings are also to be stayed, if commenced on account of the publication of a copy of a parliamentary paper, upon the verification of the correctness of such copy ; and in proceed- ings commenced for printing any extract from, or abstract of, a parliamentary report or paper, the defendant may give the report in evidence under the general issue, and prove that his own extract or abstract was published bona fide and without malice ; and if such shall be the opinion of the jury, a verdict of not guilty will be entered.^ ' The action of Harlow v. Hansard a Eoyal Oommission, presented to was stayed 14th July, 1845, by Mr. Parliament in a printed form, came Justice Wightman in chambers, on within the provisions of the Act, the production of the Speaker's cer- " since it was a report which had tificate. In the case of Houghton been adopted by Parliament, and of and others v. PlimsoU, tried at Liver- which a distribution of copies had pool, 1st April, 1874, Baron Amphlett been ordered by Parliament." directed the jury that the report of 100 FREEDOM FEOM AKKEST. CHAPTER y. chaptw V- FREEDOM FEOM AEEEST OE MOLESTATION. Table of Contents, Antiquity The privilege of freedom from arrest or molestation is of privilege, great antiquity, and dates, probably, from the first existence of parliaments or national councils in England. By some writers its recognition by the law has been traced so far back as the time of Ethelbert, at the end of the sixth century, in whose laws it is said, " If the king call his people to him (i.e. in the witena-gemot), and any one does an injury to one of them, let him pay a fine."^ Blackstone has shown that it existed in the reign of Edward the Confessor, in whose laws we find this precept, " Ad synodos venientibus, sive summoniti sint,- siye per se quid agendum habuerint, sit summa pax ; " and so, too, in the old G-othic constitutions, " Extendi tur htec pax et securitas ad quatuordecim dies, convocato regni senatu."^ Jn later times there are various precedents explanatory of the nature and extent of this privilege, and of the mode in which it was sustained. From these it will be seen that not only are the persons of members of both Houses of Parliament free from krrest on mesne process or in execution, but that formerly the same immunity was enjoyed in regard to their servants and their property. The privilege was strained still further, and even claimed to protect members and their servants from all civil actions or suits, during the time over which privilege was supposed to extend. The privilege of freedom from arrest has also been construed to discharge members and their servants from all liability to answer subpoenas in other courts and to serve on juries, and in some cases to relieve them from commitments by courts of justice. ' Wilkins, Ueges Anglo-Sax. p. 2 ; ' 1 Oomm. 165 ; Stiernli. de Jure ■2 Hallam, Middle Ages, 231 ; 2 Goth. Kemble, Saxona in England, 33. see p. XX. FREEDOM FEOM AREEST. 101 Chapter V , These various immunities have undergone considerable Pririleges changes and restrictions ; and being now defined, for the rated. most part, with tolerable certainty, they will be best under- stood by considering them in the following order : 1. Privi- lege of members and their servants from arrest and distress, and the mode of enforcing it. 2. Their protection from being impleaded in civil actions. 3. Their liability to be summoned by subpoena, or to serve on juries. 4. Their privilege in regard to commitments by legal tribunals. 5. Privilege of witnesses and others in attendance on Parlia- ment. It may, however, be stated at once, that although many cases that will be given apply equally to members and to their servants, according to the privilege existing in those times, the latter have at present no privilege whatever (see p. 105). These cases, though at variance with modern usage, could not be omitted consistently with a complete view of the privilege of freedom from arrest and molestation. So far back as the 19th Edward I., in answer to a peti- Freedom tion of the Master of the Temple for leave to distrain for the f™™ anest '^ and distress rent of a house held of him by the Bishop of St. David's, of goods. the king said, " It does not seem fit that the king should grant that they who are of his council should be distrained in time of Parliament." The privilege was also acknowledged very distinctly by the Crown in the case of the Prior of Malton, in the 9th Edward II.^ The freedom, both of the Lords and Conimons, and their servants, from all assaults or molestation, when coming to Parliament, remaining there, and returning thence, was distinctly recognized in the case of Eichard Chedder, a chcdder's member, by Statute 5 Hen. IV. c. 6, and again by another °''^^- Statute, 11 Hen. VI. c. 11. This privilege, however, was not created by statute. In the 17th Edward IV., the Commons afiirmed, in Atwyll's case, that the privilege, " that they should not be impleaded in any action per- Atwyll's sonal," had existed " whereof tyme that mannys mynde is '^*^^- not the contrarie ; " thus placing it on the ground of pre- scription, and not on the authority of statutes then in force. ' 1 Kot. Pari. 61 ; 4th Inst. 24 E. ; 1 Hatsell, 12. 102 FREEDOM FEOM ARREST. Thorpe's The Only exception to the recognition of this privilege Chapter V. was in the extraordinary case of Thorpe, the Speaker of the Commons, who was imprisoned in 1452, under execution from the Court of Exchequer, at the suit o± the Duke of York ; and who was retained in prison by the order of the House of Lords, although the judges advised them that Thorpe was entitled to his release (see p. 129).^ Tke case, however, has been regarded as irregular and " begotten by the iniquity Release of of the times." ^ Down to 1543, although the privilege had members .,, iii- i from been recognized by statute, by declaration of both houses, cus oc y. i^y ^j^^ frequent assent of the king, and by the opinions of the judges, the Commons did not deliver their members out of custody by their own authority : but when the members were in execution, in order to save the rights of the plaintiff, they obtained special statutes to authorize the lord chan- cellor to issue writs for their release ; and when confined on mesne process only, they were delivered by a writ of privilege issued by the lord chancellor.* ■Case of At length the Commons, for the first time, vindicated the Ferrers. privilege of Parliament, and acted independently of any other power. In 1543, George Ferrers, a member, was arrested in London, by a process out of the King's Bench, at the suit of one White, as surety for the debt of another The house, on hearing of his arrest, ordered the Serjeant to go to the Compter and demand his delivery. The Serjeant was resisted by the city officers, who were protected by the sheriffs ; and he was obliged to return without the prisoner. The Commons laid their case before the Lords, "who, judging the contempt to be very great, referred the punishment thereof to the order of the Commons' house." They ordered the Serjeant to repair to the sheriffs, and to require the delivery of Ferrers, without any writ or warrant. The lord ' See also Henry IV.'s reply to the relx, et a les espeoiales requestes des Commons' petition of the 5th year communes," i Eot. Pari. 357; also of his reign, 3 Eot. Pari. 541 ; 5 ib. 5 ib. 374 ; Atwyll's case, 6 ib. 191 ; 239 ; Atwyll'a case, 6 ib. 191. Parr's case, 5 ib. Ill ; Hyde's case, « 1 C. J. 546. 6 ib. 160 ; Thorpe's case, 5 ib. 239 ; ' Larke's case, " Le Eoi, par advis Sadoliflfs case, 1 Hatsell, 51. dea seigneurs espirituelx et tempo- FREEDOM FROM AKKEST. 103 Chapter V. chancellor had offered them a writ of privilege, but they refused it, "being of a clear opinion that all commandments and other acts proceeding from the neather house were to be done and executed by their Serjeant without writ, only by show of his mace, which was his warrant." The sheriffs, in the mean time, had surrendered the prisoner: but the Ser- jeant, by order of the house, required their attendance at the bar, together with the clerks of the Compter, and White, the plaintiff; and they were all committed for their contempt.^ The practice of releasing members by a writ of privilege was still continued, notwithstanding the course pursued in the case of Ferrers : but henceforward no such writ vfas suf- fered to be obtained without a warrant previously signed by the Speaker. The principal cases in the Lords, up to this period, show Cases in an uncertainty in their practice similar to that of the Com- * ^ *"'''^' mons ; privileged persons being sometimes released imme- diately, and sometimes by writs of privilege. On the 1st December, 1585, they ordered to be enlarged and set at liberty James Diggs, servant to the Archbishop of Canter- bury, " by virtue of the privilege of this court ; " and again, in the same year, a servant of Lord Leicester; and in 1597, the servants of Lord Chandois and the Archbishop of Canter- bury. In the two last cases the officers who had arrested the prisoners were committed by the house.^ The modifications of the ancient privilege which have Preseut been effected by statute, and the modern practice of fi°eedom " Parliament, in protecting members from arrest, must now ^'■'°^ ■^ ° nrve. be considered. In 1603, the case of Sir Thomas Shirley occasioned a more distinct recognition of the privilege by statute, and an improvement in the law. He had been ' See also the king's statement 1 Hatsell, 107. and the lord chief justice's declara- "ZL.J. 66 ; ib. 93 ; ib. 201. 205 ; tion confirming the Commons' privi- see also the cases of William Hogan, leges, 1 Hollingshed, 824; 1 Hatsell, released by the order of the house; 57. See also Smalley's case, 27th and of Vaughan, released by a writ Feb. 1575, 1 0. J. 108 ; see also the of privilege, 2 L. J. 230. 238. 241 ; cases of Mr. Fitzberbert and Mr. D'Ewes, 603. 607. Neale, D'Ewes, 482. 514. 518. 520; rom rest. from arrest. 104 FREEDOM FROM ABREST. imprisoned in the Fleet, in execution, before the meeting Chapter 7 . of Parliament, and the Commons first tried to bring him into the house by habeas corpus, and then sent their Serjeant to demand his release. The warden refused to give up his prisoner, and was committed to the Tower, and to the cell therein called " Little Ease," for his contempt. At length the warden delivered up the prisoner, and was discharged, after a reprimand.^ So far the privileges of the house were satisfied: but there was still a legal difficulty to be overcome, that had been common to all cases in which members were in execution, viz. that the warden was liable to an action of escape, and the creditor had lost his right to an execution.^ In former cases a remedy had been provided by a special Act, and the same expedient was now statutes adopted: but in order to provide for future cases of a freedom *° similar kind, a general Act, 1 Jas. I. c. 13, was passed, which, while it recognized the privilege of freedom from arrest, the right of either house of Parliament to set a privileged person at liberty, and the right to punish those who make or procure arrests, enacted that after such time as the privilege of that session in which privilege is granted shall cease, parties may sue forth and execute a new writ ; and that no sheriff, &c., from whose arrest or custody persons shall be delivered by privilege, shall be chargeable with any action. But although the privilege of either house of Parliament was admitted to entitle a prisoner to his release, the manner of releasing him was, during the 17th century, still indefinite, whether by warrants for a writ of privilege, or a writ of habeas corpus, or by the order of the house.^ During the same period also, when the property of peers or of their servants was distrained, the Lords were accus- tomed to interfere by their direct authority, as in 1628 ; * but privilege did not attach to property held by a peer as ' 1 0. J. 155, et seq. ; 5 Pari. Hist. 3 ib. 30 ; 4 ib. 654 ; 8 ib. 635. 639 ; 113, &o. ; 1 Hatsell, 157. 1 C. J. 820; 9 ib. 411 ; 1 Hatsell', ' See 1 0. J. 173. 195 ; and Col- 167. lection of Precedents, 10 ib. 401. < Cases of Lords Warwick and = 2 L. J. 270. 296. 299. 302. 588; Montague, 3 L.J. 776. 777; lOib.611. FREEDOM. FROM ARREST. 105 Chapter V. a trustee only.^ In cases of arrest on mesne process, the practice of releasing the prisoners directly by a warrant, or by sending the Black Eod or Serjeant, in the name of the house, to demand them,^ was continually adopted. At lengtb, in the year 1700, an Act was passed,® which, while it maintained the privilege of freedom from arrest with more distinctness than the 1 Jas. I., made the goods of pri- vileged persons liable to distress infinite and sequestration, between a dissolution, or prorogation, and the next meeting of Parliament, and during adjournments for more than fourteen days. In suits against the king's immediate debtors, execution against members was permitted even during the sitting of Parliament, and the privilege of freedom from arrest in such suits was not reserved to servants. Again, by the 2 & 3 Anne, c. 18, executions for penalties, forfeitures, &c., against privileged persons, being employed in the revenue or any ofiSce of trust, were not to be stayed by privilege. Freedom from arrest, however, was still maintained for the members of both houses, in such cases, but not for their servants. By the 10 Geo. III. c. 50, a very important limitation of Servants' the freedom of arrest was effected. Down to that time the discon/*^ servants of members had been entitled to all the privileges ti°"«. 2 s. 69; Lord Colchester's Lady Abergavenny, 1727 ; 60 L. J. Diary, iii. 544. 545. 28-31. * 2 Stephen's Blackstone, 11th ed. 2 Co. Litt. 166 ; 4 Bacon's Abridg. 353. The right of franking letters, 229; Lords' standing order No. 65; formerly enjoyed by members, was by 108 FREEDOM FROM ARREST. allowed by the courts of law, on the ground of usage and chapter V. Mr. Dun- universal opinion. Thus in Mr. Duncombe's case, 7th Sep- case. tember, 1847, who was, by a judge's order, allowed his privilege, extending to forty days, the chief baron, on a motion for rescinding the order, maintained the privilege, and stated as the judgment of the court that " the period of forty days before and after the meeting of Parliament has for about two centuries, at least, been considered the time to be allowed ; and such, we think, is the law " ^ (see also p. 119). After dis- It has been determined by the courts of law, that the see Mr. privilege, even after a dissolution, is still enjoyed for a con- ^^^^rSs venient and reasonable time for returning home.^ What this c«se,p. 119. convenient time may be, has never been determined ; but the general claim of exemption from arrest, eundo et redeundo, extends as well to dissolutions as to prorogations, as no dis- tinction is made between them. Members These cases apply to arrests made after the privilege has tion before accrued : but the effect of the election of a person already in election execution still remains to be considered. In Thorpe's case the judges excepted from privilege the case of " a condemna- tion had before the Parliament : " but their opinion has not been sustained by the judgment of Parliament itself. Unless a member has incurred some legal disability, or has subjected himself to processes more stringent than those which result from civil actions, it has been held that his service in Parlia- ment is paramount to all other claims. Thus in 1677, Sir Eobert Holt was discharged, although he had been " taken in execution out of privilege of Parliament ; " and, not to mention intermediate cases, or any which are of doubtful authority, Mr. Christie Burton obtained his release in 1819, although he had been in the custody of the warden of the Fleet before his election.* Act granted for the above-mentioned Ken. 125. forty days. For a history of this ' 9 C. J. 411 ; see Keports of Pre- right, see Eeport, 16th April, cedents, 10 0. J. 401; 62 ib. 642. nSS. 653. 654 ; 2 Hatsell, 37 ; 74 C. J. 44 ; ' Welsby, H. & G. 430. 75 ib. 230. ' Barnardo v. Mordaunt, 1 Lord FREEDOM FROM ARREST. 109 Chapter V. A person succeeding to a peerage while under arrest, is Persons entitled to his discharge in virtue of his privilege. On the restbecoin- 1st January, 1849, Lord Harley having succeeded, by the '"= P^^"- death of his father, to the earldom of Oxford, applied to a judge in chambers (Mr. Baron Piatt), for his discharge from the Queen's Prison. It was submitted that he was not en- titled to privilege until he had taken his seat as a peer : but this position could not be supported by any authorities, and the earl was ordered to be discharged.-^ It has been decided by the Lords that a peer is entitled to privilege when he has not qualified himself to sit, by taking the oaths.^ As a consequence of the immunity of a member of Parlia- Members ment, it has been held that he cannot be admitted as bail ; JJj°tt* j',,g for not being liable to attachment, by reason of his privi- '>^''- lege, he cannot be effectually proceeded against, in tlie event of the recognizances being forfeited.^ The privilege of not being impleaded * was formerly jj^j ^^ ^^^ maintained, as, for instance, during 8th Edward II., by the impleaded. issue of writs of supersedeas to the justices of assize, to Writ of prevent actions from being maintained against members in l'^^"^ their absence, by reason of their inability to defend their rights while in attendance upon the Parliament.^ At the beginning of the reign of James I., another practice Suits was adopted. Instead of resorting to writs of supersedeas, igt^g^^ ^ the Speaker was ordered to stay suits by a letter to the judges, and sometimes by a warrant to the party also ; ^ and the parties and their attorneys who commenced the actions were brought, by the Serjeant, to the bar of the house.'' ' M'Oabe v. Lord Harley. merly cited as the earliest recorded ' L. J. 24th. Feb. 1691 ; 13th May, case of the privilege of not being 1720. impleaded, turned on service of a ' Duncan v. Hill (1 Dowling & citation in a privileged place (see p. Eyland'sBep. 126) ; Graham v. Sturt 78, n. 3). (4 Taunton's Eep. 249); Burton v. ' 1 Hataell, 41. 42. 43; D'Ewes, Atherton (2 Marsh. 232) ; and case of 436. Mr. Feargus O'Connor, who offered " 1 C. J. 286. 381. 421. 804, &c. himself as bail for Mr. Ernest Jones, ' 1 lb. 304. 525 ; Prynne's 4th 11th June, 1848, at Bow Street. Register, 810 ; 1 C. J. 861; 1 Hat- * The case of Bogo de Clare, for- sell, 184. 185 ; 1 0. J. 378. 421. 595, 110 FREEDOM FEOM AREEST. Limita- The privilege insisted upon in this manner continued Chapter V. privilege Until the. end of the seventeenth century, when it underwent by statute. ^ considerable limitation by statute. The 12 & 13 Will. III. c. 3, enacted, that any person might commence and prosecute actions against any peer, or member of Parlia- msht, or their servants, or others entitled to privilege, in the courts at Westminster, and the duchy court of Lancaster, immediately after a dissolution or prorogation, until the next meeting of Parliament, and during any adjournment for more than fourteen days ; and that during such times, the court might give judgment and award execution. Soon afterwards, it was enacted, by the 2 & 3 Anne, c. 18, that no action, suit, process, proceeding, judgment, or exe- cution, against privileged persons, employed in the revenue, or any office of public trust, for any forfeiture, penalty, &c., should be stayed or delayed by or under colour or pretence of privilege of Parliament. The Act of William III. had extended only to the principal courts of law and equity: but by the 11 Geo. II. c. 24, all actions in relation to real and personal property were allowed to be commenced and prosecuted in the recess and during adjournments of more than fourteen days, in any court of record. Still more important limitations of the privilege were effected by the Act 10 Geo. III. c. 50, whereby any person may at any time commence and prosecute an action or suit in any court of law against peers or members of Parliament and their servants ; and no such action or pro- cess shall be interfered with under any privilege of Parlia- ment. It is also, however, enacted that nothing in the Act should subject the person of any member of Parliament to arrest or imprisonment.-^ Under this Act, and under the Acts 45 Geo. III. c. 124, Service of a and 47 Geo. III. sess. 2, c. 40, members of Parliament may ZH^ns be coerced by every legal process, except the attachment of '"'*'"" *'"' precincts of Parlia- &o. ; 10 ib. 280. 300. 596 ; 11 ib. 557, Union extends all privileges of Eng- ^ent, se'c p. &c. lish peers to the peers of Ireland. '' ^• ' The 4th Article of the Act of FREEDOM FEOM AEREST. Ill Chapter V. their bodies. By sect. 124 of the Bankruptcy Act, 1883, persons having privilege of Parliament are subject to tlie processes of the court. The claim to resist subpoenas upon the same principle Subpoenas as other personal privileges, viz. the paramount right of^" j""es. Parliament to the attendance and service of its members, was maintained in former times.-' Of late years, so far from withholding the attendance of members as witnesses in courts of justice, the Commons grant leave of absence to their members on the ground that they have been summoned as witnesses, and have admitted the same excuse for de- faulters at calls of the house.^ But although this claim of privilege is not now enforced as regards other courts, one house will not permit its members to be summoned by the other, without a message desiring his attendance, nor with- out the consent of the member whose attendance is required (see p. 402) ; and it may be doubtful whether the house would not protect a member served with a subpoena, from the legal consequences of non-attendance in a court of justice, if permission had not been previously granted by the house for his attendance.^ No officer of either house Subpoenas should be served with a subpoena to give evidence concern- [^''^^^ "t ing any proceedings in Parliament, or to produce docu- ments in his custody, until leave has been given to him to attend (see p. 407).* As the withdrawal of a witness may affect the admini- Members stration of justice, the privilege has properly been waived : as^^ors. but the service of members upon juries not being absolutely necessary, their more immediate duties in Parliament are held to supersede the obligation of attendance in other courts.^ On the 20th February, 1826, Mr. Holford complained that he had been fined for non-attendance as a juryman by » 1 C. J. 34. 48; 1 Pari. Hist. 630; also H. D. 1st March, 1844 (Earl D'Ewes, 347; 1 Hatsell, 96. 97. 169. of Devon); 48 C. J. 318. 175 ; 3 L. J. 630 ; 1 0. J. 203. 205. ' 78 C. J. 132. 211. 368. 1040, &o. ; 9 ib. 339. ^ 91 L. J. 508 ; 92 ib. 590 ; 103 0. J. 2 56 ib. 122 ; 68 ib. 218. 243. 292 ; 40 ; 106 ib. 277, &c. 71 ib. 110 ; 82 ib. 306. 379 ; see =1 West, luq. 28. 112 SUBPCENAS AND JURIES. the Court of Exchequer, his excuse that he was attending Chapter v. the service of Parliament not being admitted ; and Mr. EUice, another member, stated that he had also been fined for non-attendance, in the same court. A committee of privileges was immediately appointed, and the house, on receiving its report, resolved, nem. eon., that it is " amongst the most ancient and undoubted privileges of Parliament, that no member shall be withdrawn from his attendance on his duty in Parliament to attend on any other court." ^ Exemption, held good during an adjournment, was not ordinarily claimed by members after a prorogation ; and there was no distinct authority for its existence at that time : but by the Juries Act, 1870, peers and members of Parliament, and the oEScers of both houses, are included among the persons exempted from serving on juries, without reference to the sitting of Parliament ; and their privilege has since become a legal exemption. Criminal The privilege of freedom from arrest has always been Primlege, J I ^^^_' " limited to civil causes, and has not been allowed to interfere ^^^ ^' with the administration of criminal justice. In Larke's case, in 1429, the privilege was claimed, " except for treason, felony, or breach of the peace ; " and in Thorpe's case, the judges made exceptions to such cases as be "for treason, or felony, or surety of the peace." The privilege was thus explained by a resolution of the Lords, 18th April, 1626 : "That the privilege of this house is, that no peer of Parliament, sitting the Parliament, is to be imprisoned or restrained, without sentence or order of the house, unless it be for treason or felony, or for refusing to give surety of the peace ; " and again, by a resolution of the Commons, 20th May, 1675, " that by the laws and usage of Parliament, privilege of Parliament belongs to every member of the • Case of Tracy, 1597, D'Ewea, 560 ; Chief Justice Erie stated, that « his 1 Hatsell, 112; Sir W. Alford, 1628, lordship ought not to have been 1 0. J. 898 ; Mr. Holford and Mr. summoned as a juror, as members Ellioe, 1826 ; 14 H. D. u. s. 568. were not bound to serve in any other 642 ; 81 C. J. 82. 87 ; Mr. Bennett, 14 court than that in whicli they had H. D. n. s. -64.3; Mr. Maoleod, 21 been returned to serve, viz. the Hi "h H. D. n. s. 1770. In the case of Court of Parliament." Viscount Enfield, 6th Feb. 1861, CRIMINAL COMMITMENTS. 113 Chapter V. House of Commons, in all cases except treason, felony, and breach of the peace." On the 14th April, 1697, it was resolved, "That no member of this house has any privilege in case of breach of the peace, or forcible entries, or forcible detainers ; " ^ and in Wilkes' case, 29th November, 1763, although the Court of Common Pleas had decided otherwise,^ it was Seditious resolved by both houses, '''^^^' " That privilege of Parliament does not extend to the case of writing and publishing seditions libels, nor ought to be allowed to obstruct the ordinary course of laws in the speedy and effectual prosecution of so heinous and dangerous an offence." ^ " Since that time," said the committee of privileges, in 1831, "it has been considered as established generally, that privilege is not claimable for any indictable offence." * These being the general declarations of the law of Parlia- Case of ment, one case will be sufficient to show how little protection J;'"'? . , , Cochrane. is practically afforded by privilege, in criminal offences. In 1815, Lord Cochrane, a member, having been indicted and convicted of a conspiracy, was committed by the Court of King's Bench to the King's Bench Prison. Lord Cochrane escaped, and was arrested by the marshal, whilst he was sitting on the privy councillors' bench, in the House of Commons, on the right hand of the chair, at which time there was no member present, prayers not having been read. The case was referred to the committee of privileges, who reported that it was " entirely of a novel nature, and that the privileges of Parliament did not appear to have been violated, so as to call for the interposition of the house, by any proceedings against the marshal of the King's Bench." s Thus the house will not allow even the sanctuary of its causes of walls to protect a member from the process of criminal law : '=<'™'"it- ■^ JT J uient to be ' 4 Rot. Pail. 357; 5 ib.339; 8 L. * Sess. Paper, 1831 (114); see also commun;- J. 369. 562 ; see also Declaration by case of Lord Oliphant, in 1709, 19 '^^'^'^• the Commons, 17th Aug. 1641, 2 0. J. L. J. 31. 34 ; and 26 lb. 492 (Gaming- 261 ; 11 ib. 784. houses). = 2 Wils. Eep. 150 ; 19 St. Tr. 981. » Sess. Paper, 1814^15 (239) ; 30 ' 29 C. J. 689; 15 Pari. Hist. H. D. 1 s. 309. 336 ; Lord Colchester's 1362-1378. Diary, ii. 534-536. P. I 114 CKIMINAL COMMITMENTS. though, as has been mentioned (p. 78), service of a criminal chapter v. process on a member within the precincts of Parliament, whilst the house is sitting, may be a breach of privilege. But in all cases in which members are arrested on criminal Wrongful charges, the house must be informed of the cause for which Ze^Ji, they are detained from their service in Parliament. Several ^'® P- ^^• Acts which have suspended for a time the Habeas Corpus Act, have contained provisions to the effect that no member of Parliament shall be imprisoned during the sitting of Parliament, until the matter of which he stands suspected shall be first communicated to the house of which he shall be a member, and the consent of the said house obtained for his commitment.^ By the Protection of Person and Property Act, 1881, it was provided that "if any member of either House of Parliament be arrested under this Act, the fact shall be immediately communicated to the house of which he is a member, if Parliament be sitting at the time, or if Parliament be not sitting, then immediately after Parliament reassembles, in like manner as if be were arrested on a criminal charge." And the arrests of members, under this Act, were communicated to the House of Commons accord- ingly.^ In cases not affected by Acts of this special character, it has been usual to communicate the cause of commitment, Commmi- after the arrest, as in the cases of Lord George Gordon in ^j^^/" 1780,^ and Mr. Smith O'Brien in 1848,* for high treason ; contempt, and whenever members are in custody in order to be tried inf^' by naval or military courts martial,^ or have been committed for any criminal offence by a court* or magistrate.^ In ' See 17 Geo. 11. c. 6 ; 45 Geo. III. ' 37 ib. 903. c. 4, s. 2 ; 57 Geo. III. u. 8, s. 4 ; 57 < 103 ib. 888. Geo. III. 0. 55, ri. 4; 8 Geo. IV. c. 2, ^ 37 jb 57. 39 j^, 479. g^ jj^ ^39 »■ i- 557; 58 ib. 597; 59 ib. 83; 67 ib. ' Mr. Dillon, 4th May, 1881, 136 246, &o. ; 70 ib. 70; 47 L. J. 349 0. J. 213 ; 260 H. D. 3 s. 1744. Mr. (Lord Gambler) ; and see case of Lord Parnell, Mr. Sexton, Mr. O'Kelly, Torrington, 14 ib. 521. 523. 525. 527. and Mr. Dillon, also the release of " Mr. Healy, 15th Feb. 1883, 138 Mr. Sexton, 7th Feb. 1882. A motion C. J. 4. A motion for a committee for a committee of inquiry was nega- of inquiry was negatived. Captain tived, 187 C. J. 8; 266 H. D. 3 s. Vemey, 146 ib. 268; Mr. Hastings, 98; arrest of Mr. W. O'Brien, 16th 147 ib. 101. Sept. 1887, 142 0. J. 552. ' Mr. F. O'Connor, 107 ib. 28. Bephj by address to smh mes- sages, see p. 426. CRIMINAL COMMITMENTS. 115 Chapter V. the case of commitments for high treason, or for military- offences, the communication is made by royal message (see p. 422).^ In the case of naval courts martial this communication is made by the lord high admiral or the Lords Commissioners of the Admiralty, by whom the warrants are issued for taking the members into custody; and copies of the warrants are, at th'e same time, laid before the house.^ Commmi- The Committal of a member for a criminal offence is communi- the'°Speaier ^rought before the house by a letter addressed to the f^gj^J^jj to the Speaker by the committing judge or magistrate. On these ment for a fiousGj SG6 criniiiifl.1 p. 188 ; occasions, the first communication to the Speaker is made offence). matter of when the member is committed to prison, bail not being ■prmiege^^ allowcd ; and subsequently, if the member be not released from custody, or acquitted, the judge informs the Speaker of the offence for which the member was condemned, and the sentence that has been passed upon him. In the case communi- of an attachment order for contempt of court (see p. 118), ^*'^'"° the judge informs the Speaker that such an order has been meat for issued, but cannot certify to him when the arrest actually takes place, for the issue of the order is left at the discretion of the applicant for such an order, which is placed, when issued, in the sheriff's hands for execution. The same distinction between civil and criminal processes Bankrupts. has been observed in the case of bankrupts. By the Bank- rupt Law Consolidation Act, 1849, s. 66, it was enacted that, " If any trader having privilege of Parliament shall commit any act of bankruptcy, he may be dealt with under the Act in like manner as any other trader : but such person shall not be subject to be arrested or imprisoned during the term of such privilege, except in cases made felonies and mis- demeanours by this Act." By the Bankruptcy Act, 1869, s. 120, and by the Bankruptcy Act, 1883, s. 124, a person having privilege of Parliament is to be dealt with as if he had not such privilege. • The oommunioation regarding Ireland to the Speaker. Mr. Smith O'Brien was made by a '^ 62 C. J. 145; 64 ib. 214; 67 lb. letter from the Lord-Lieutenant of 246. 116 COMMITMENT FOR CONTEMPT OF COURT. Commit- Another description of offence, partaking of a criminal Chapter V. members character., is a contempt of a court of justice ; and it was tempt°" ■^°^ ^°™® *^™® doubtful how far privilege would extend to Cases in the the protection of a member committed for a contempt. For Lords* "^ instance, in the case of Henry Lord Cromwell, 30th June, 1572, who had been attached by the sheriff of Norfolk, by a writ of attachment from the Court of Chancery, for not obeying an injunction of that court, though the Lords ordered Lord Cromwell to be discharged of the attachment, they declared that if at any future time cause should be shown that by the queen's prerogative, or by common law or custom, or by any statute or precedents, the persons of lords of Parliament are attachable, the order in this case should not affect their decision in judging according to the cause shown.^ On the 9th February, 1625, the Lord Vaux claimed his privilege, for stay of the proceedings in an information against him in the Star Chamber; and it was granted.^ But by standing order No. 79, 8th June, 1757, no peer or lord of Parliament has privilege of peerage, or of Parliament, against being compelled to pay obedience to a writ of habeas corpus directed to him. And it was decided, in the case of Earl Ferrers, that an attachment may be granted, if a peer refuses obedience to the writ.^ Cases in the In 1605, in the case of Mr. Brereton, who had been corn- Commons, mitted by the Court of King's Bench for a contempt, the Commons brought up their member by a writ of habeas corpus, and received him in the house.* In more recent cases, members committed by courts for • 1 L. J. 727 ; 4 ib. 27 ; 12 ib. 122 ; payment of money according to 4th Eeg. 792; case of Duchess of award." 7 Term. Eep. 171. 448. See Sutherland, 18th April, 1893. dicta of Lord Brougham, in West- ' 3 L. J. 496 ; see also the case of meath v. Westmeath, 8 Law Journ. Lord Arundel, 3 ib. 558 (Report of (Ist s. Chancery), 177. Contempt of Precedents), 562, &c. court committed by privileged per- * Burr. 631 ; see statement in sons was formerly punished by se- Bacou's Abridgment, vol. 6, p. 546 ; questration of their property. The 2 Hawk. P. C. u. 22, s. 33 ; 1 Burr. Countess of Shaftesbury, 2 Peere 634. The courts will not grant an "Williams, 110. attachment against a peer or member * 1 C. J. 269 ; also Bampfield's of Parliament (see p. 119) for non- case, ib. 466. COMMITMENT FOR CONTEMPT OF COURT. 117 Chapter V. open contempt have failed in obtaining their release by virtue of privilege. In 1831, Mr. Long Wellesley, a member, having confessed Mr. Long in the Court of Chancery, that he had taken his infant daughter, a ward in chancery, out of the jurisdiction of the court, Lord Brougham, C, at once committed him for contempt. The lord chancellor acquainted the Speaker of this com- mitment ; and Mr. Wellesley also appealed, through the Speaker, to the House of Commons, and claimed his privilege. His case was referred to the committee of privileges, who reported, " that his claim to be discharged from imprisonment, by reason of privilege of Parliament, ought not to be admitted." ^ The next case was that of Mr. Lechmere Charlton, in Mr. Lech- 1837. That member had been committed by the lord charlton. chancellor, for a contempt, in writing a letter to one of the masters in chancery, "containing matter scandalous with respect to him, and an attempt improperly to influence his decision." The lord chancellor stated the grounds of this commitment, in a letter to the Speaker, to whom Mr. Charlton also complained of his commitment. These letters were referred to a committee of privileges, and after a full inquiry into the nature of the contempt, the committee reported that Mr. Charlton's claim to be discharged from imprisonment ought not to be admitted.^ The case of Mr. Whalley, in 1874, was, in some respects, Mr. exceptional. On the 23rd January, he was comnaitted by "^^^^^^T- the Court of Queen's Bench for a contempt, Parliament not then being sitting. On the 26th, Parliament was dissolved, and, in the mean time, Mr. Whalley had been discharged from custody. Doubts were raised whether, under these circumstances, it was necessary for the court to communicate this commitment to the house ; but, on the meeting of the • 86 C. J. 701. committee directed it to be produced, ' 92 ib. 3, et eeq. ; 1 Pari. Eep. 1837, as " it was necessary that the House No. 45. As the lord chancellor's of Commons should be informed of order did not set forth the letter, the the particulars of the contempt." 118 COMMITMENT FOE CONTEMPT OP COURT. new Parliament, the lord chief justice addressed a letter to Chapter V. the Speaker, explaining all the facts of the case. A com- mittee on privilege, to whom this letter was referred, reported that it did not demand the further attention of the house, and they also expressed their opinion " that the lord chief justice fulfilled his duty in informing the house that a member of the House of Commons had been im- prisoned by the Court of Queen's Bench." ^ Mr. Gray's On the l7th August, 1882, Mr. Speaker acquainted the house that he liad received a letter from Mr. Justice Law- son, sitting under a commission in Dublin, informing him that he had committed Mr. Gray, a member, for contempt of court, in publishing certain articles, calculated to pre- judice the administration of justice. As the house was on the eve of a long adjournment, no further action was taken : but on the next meeting of the house, on the 24th October, a select committee was appointed to consider the mattei-. Meanwhile Mr. Gray had been discharged ; and his dis- charge was communicated to the house. The committee, having examined Mr. Gray and. other witnesses, and con- sidered various documents, reported, in the terras of former committees, that the matters referred to them do not demand the further attention of the house.^ Mr. Gent On the 28th November, 1888, under an attachment order Commmi- issued against Mr. Gent Davis, a member, he was imprisoned tt^^m for contempt of court in appropriating and neglecting to ^"^ P- ^^^* pay into court money received by him as receiver appointed by the Court of Chancery.^ It must not, however, be understood that either house has waived its right to interfere when members are com- mitted for contempt. Each case is open to consideration when it arises ; and although protection has not been extended to flagrant contempts, privilege might still be allowed against commitment under any civil process, or if ' Report of Committee, 1874 (77) ; 1882, Pari. No. 406 ; see also case of 218 H. D. 3 s. 52. 108. Mr. T. M. Healy's imprisonment, ' 137 C. J. 487. 491 ; 273 H. D. 138 C. J. 4. 3 s. 1978. 2049 ; 274 ib. 34. Report of » Judge's letter to the Speaker, 143 Committee on Privilege (Mr. Gray), C. J. 488. COMMITMENT FOE CONTEMPT OF COTJET. 119 Chapter V. the circumstances of the case appeared otherwise to justify it. By 2 & 3 Will. IV. c. 93, an Act for enforcing the process of contempts in matters ecclesiastical, an exception is made from committal for contempt of court in behalf of peers or members of Parliament. In January, 1873, the ^Oourt of Queen's Bench fined Mr. Members Onslow and Mr. Whalley, two members of the House of contempt Commons, for a contempt of that court, when Chief Justice °''"'''' Oockburn took occasion to state that the court would not haye been restrained by privilege from committing these members, if it had thought fit. But it is only in cases of quasi criminal contempts that Contempt members of either house may be committed, without an and°privi. invasion of privilege. Such a commitment, as part of a'^s«- civil process for the recovery of a debt, will not be resorted to by a court, nor would it be allowed in Parliament.^ On the 24th March, 1880, application was made to Vice- Chancellor Hall for an order for the committal of Mr. Fortescue Harrison, a member, for contempt, in not having complied with an order of the court for payment of certain moneys, and the delivery of documents to the liquidator of a company. The vice-chancellor, however, held that privilege protected a member, except in cases of a gross character, and that the contempt, in this case, was not such as to justify the court in committing a member. On that same day Parliament was dissolved, and Mr. Fortescue ' Harrison did not seek re-election. On the 15th April, application was again made to the court for his commit- ment : but the vice-chancellor held that privilege extended Duration of ^° a period of forty days after a prorogation or dissolution privilege, of Parliament, and as that time had not yet expired, he see p. 107. . , refused to entertain the motion, on the ground of privilege, and without reference to the merits of the case.^ A similar case affecting a peer had been decided, after full ' Mr. Judge Bayley (Westmiuster on the ground of privilege, Report in County Court) refused to grant an Times, 10th Feb. 1892 ; see also p. order for the committal of a member 116. n. 3. for non-payment of a judgment debt ^ Times, 16th April, 1880. 120 PEIVILEGE OF WITNESSES, &C. consideration, by the judge of the Brompton County Court, Chapter Y. in 1879. On the same ground, Mr. Justice Vauglian Williams refused an order of committal for contempt of court against a member who declined to be examined pursuant to a summons issued by the court in a matter of bankruptcy, because the member's conduct contained "no element of personal con- tempt, or any offence for which he could be sent to prison as a punishment." ^ Privilege of As yet the personal privilege of members, and the ancient suitors, aad privilege of their servants, have alone been noticed. These "' *'^' were founded upon the necessity of enabling members freely to attend to their duties in Parliament. Upon the same ground, a similar privilege of freedom from arrest and molestation is attached to all witnesses summoned to attend before either house of Parliament, or before parliamentary witnesses committees, and to others in personal attendance upon the ;;f^f "'" business of Parliament, in coming, staying, and returning ; see p. 400. and to officers of either house, in immediate attendance upon the service of Parliament. In the early journals there are numerous orders that all persons attending in obedience to the orders of the house, and of committees, shall have the pri- vilege or protection of the house.^ A few precedents will serve to explain the nature and extent of this privilege. Their free- Instances of protections given by the Lords to witnesses arrest, and to parties, while their causes or bills were depending, appear very frequently on the journals of that house. In 1640, Sir Pierce Crosbie, sworn as a witness in Lord Strafford's cause, being threatened with arrest, was allowed privilege, " to protect him during the time that this house examine him." In 1641, it was ordered that Sir T. Lake, who had a cause depending, should " have liberty to pass in and out unto the house, and to his counsel, solicitor, and attorney, for and during so long time only as his cause shall be before their lordships in agitation ; " and many > Queen's Bench Division (Bank- ' 1 Lex Pari. 380 ; 1 Hatsell, 9. ruptcy). In re Armstrong, ex parte 11. 172 ; 1 0. J. 505 ; 2 ib. 107; 9 ib. Lindsay, Times, 8th Aug. 1891 ; Mor- 62 ; 13 ib, 521, &c. rell, Bankruptcy Eeports. PRIVILEGE OP WITNESSES, &C. 121 Chapter V. similar orders have been made in the case of other parties, who have had causes depending, or bills before the house.^ On the 12th May, 1624, the master and others of the felt- makers were ordered, by the Commons, to be enlarged from the custody of the warden of the Fleet, for the prosecution of a bill then depending, " till the same be determined by both houses;" ^ In the same manner, privilege was extended to persons who had petitions or bills depending, on 22nd and 29th January, 1628, 23rd January, 1640, 3rd May, 1701, and 11th May, 1758.^ Numerous instances have occurred, in which witnesses, who have been arrested on their way to or from Parliament, or during their attendance there, have been discharged out of custody ; * and the same protection is extended, not only to parties, but to their counsel, solicitors, and agents, in prosecuting any business in Parliament.^ The last case that need be mentioned is that of Mr. Petrie, in 1793. That gentleman was a petitioner in.a controverted election, and claimed to sit for the borough of Cricklade. Having received the usual notice to attend, by himself, his counsel, or agents, he attended the sittings of the election committee as a party in the cause. He was arrested before the committee had closed their inquiries ; and on the 20th March the house, after receiving a report of precedents, ordered, nem. eon., that he should be discharged out of the custody of the sheriff of Middlesex.® Witnesses, petitioners, and others, being thus free from protection arrest while in attendance on Parliament, are further pro-''^T''fu^^^^ ' ^ and others tected, by privilege, from the consequences of any statements f"""™ suits and moles- which they may have made before either house ; and any tation. ' 4 L. J. 143. 144. 262 ; ib. 263. 289. 521. 330. 477; 5 ib. 476. 563. 574. 653. » 88 L. J. 189; 92 ib. 75. 76; easea 680; 25 ib. 625; 27 ib. 19. 538; 28 of Mr. Gardener and of Mr. Douglas, ib. 512. 9 0. J. 472 ; 24 ib. 170 ; 26 ib. 797 ; 2 1 C. J. 702; Bryer's case, ib. 27 ib. 447. 637. 548. Similar pro- 863. teotion is given by courts of law, ' Ib. 921. 924 ; 13 ib. 512 ; 28 ib. even in arbitration cases, to wit- 244 ; 2 ib. 72. nesses, &c., Court of Q. B. in banco, * 8 ib. 525 ; 9 ib. 20. 366. 472 ; 12 7th Nov. 1857. ib. 864. 610 ; 66 ib. 226. 232 ; 90 ib. " 48 C. J. 426. 122 PRIVILEGE OP WITNESSES, &C. Protection molestatioD, threats, or legal proceedings against them, will Chapter v. nesses, &c. he treated by the house as a breach of privilege. The incrimimt- House of Commons resolved, 26th May, 1818, "That all^^J^^, witnesses examined before this house, or any committee w»*"«sscs, ' •' _ see p. 84. thereof, are entitled to the protection of this house, in respect of anything that may be said by them in their Ckrks and evidence ; " ^ and persons who punish, damnify, or injure the house witnesses before committees of either house of Parliament TJJZSr" on account of their evidence may, under the Witnesses f'**""* •' leave, see (Public Inquiries) Protection Act, 1892, be convicted of a p. 407. misdemeanour, fined, imprisoned, and condemned to pay the costs of the prosecution, as well as a sum by way of com- pensation to the injured persons. On the 23rd November, 1696, " A complaint being made that Sir G. Meggott had prosecuted at law several persons for what they testified, the last session, at the committee of privileges and elections," it was referred to that committee to examine the matter of the complaint. It appeared from their report, 4th December, that Sir G. Meggott had thought that he might lawfully bring the action ; " but as soon as he was better advised, he desisted, and suffered himself to be nonsuited, and had paid them their costs." Notwith- standing his submission, the house agreed with the com- mittee in a resolution, that he had been guilty of a breach of privilege, and committed him to the Serjeant ; ^ and, the same year, under similar circumstances, the house committed Mr. Gee to the custody of the Serjeant, for prosecuting at law certain hackney coachmen for petitioning the house.* On the 8th April, 1697, the Lords attached T. Stone, for striking and insulting a witness, below the bar, who had been summoned to attend a committee, and directed the attorney-general to prosecute him for his offence.* On the 5th March, 1710, on the report from a committee that John Hare, a soldier, was afraid of giving evidence, the Commons resolved, "that this house will proceed with the utmost severity against any person that shall threaten, or any way injure, or send away the said J. Hare, or any other person ' 73 0. J. 389. 2 11 ib. 591. 618. = lb. 699. ■" 16 L. J. 141 PEIVILEGE OP WITNESSES, &C. 123 Chapter V. that shall give evidence to any committee of this house ; " protection and on the 9th February, 1715, a complaint being made "^J^'^'"^^ that 0. Medlycot, Esq., had been abused and insulted, " in respect to the evidence by him given " before a committee, the person complained of was committed to the custody of the Serjeant,^ On the 28th February, 1728, it was reported to the house, by a committee appointed to inquire into the state of the gaols, that Sir W. Eich, a prisoner in the Fleet, had been misused by the warden of the Fleet, in consequence of evidence given by the former to the committee. The house declared, nem. con., that the warden was guilty of contempt, and committed him to the Serjeant-at-arms.^ On the 10th May, 1733, complaint was made that Jeremiah Dunbar, Esq., had been censured by the House of Eepre- sentatives of Massachusetts Bay, for evidence given by him before a committee on a bill, upon which the house resolved, nem. con., " That the presuming to call any person to account, or to pass a censure upon him, for evidence given by such person before this house, or any committee thereof, is an audacious proceeding, and a high violation of the privileges of this house." ^ In 1819, Thomas Stinton, a soldier examined before the Worcester Election Committee, was arrested by the sergeant of his regiment, in the lobby, for absenting himself from drill. There were, however, other circumstances in the case, which induced the house not to regard this as a breach of privilege.* On the 2nd July, 1845, Mr. Jasper Parrott complained to the house, by petition, that an action had been commenced against him in respect of evidence which he had given before a committee. The plaintiff and his solicitors, having been ordered to attend, disclaimed any intention of violating the privileges of the house, and declared that the action would be discontinued. They were, in consequence, dis- ' 16 C. J. 535 ; 18 ib. 371 ; see also ' 21 ib. 247. Mr. Goold'B case, 12th March, 1819, ' 22 ib. 146. 74 ib. 223. ■" 39 H. D. 1 s. 1168. 1226, 124 PRIVILEGE OF WITNESSES, &C. charged from further attendance, although the commence- Chapter v. ment of the action was declared to be a breach of privilege.^ It is worthy of remark, that the plaintiff's solicitor stated, in a petition to the house, that the declaration had been framed upon the assumption that a witness would not be protected, by privilege, in respect of any evidence which was wilfully and maliciously false, any more than the powers of the superior courts at "Westminster would be exerted to protect any witness from an indictment for perjury. The house, however, did not recognize any such analogy : but resolved to protect the witness from all pro- ceedings against him, in respect of the evidence given by him before a committee. In the same year, a similar case occurred in the House of Lords. Peter Taite Harbin had brought an action, by John Harlow, his attorney, against Thomas Baker, for false and malicious language uttered before the House of Lords, in giving evidence before a committee. On the 14th July, the plaintiff and his attorney were sumnaoned to the bar, and on their refusal to state that the action should not be proceeded with, were both declared guilty of a breach of privilege, and committed.^ The direc- On the 7th April, 1892, a member of the house, who was Cambrian a director of the Cambrian Eailway Company, attended the C^rn^an house, in his place, and two other directors and the manager of the company, at the bar, under an order of the house made in consequence of a special report from the select committee on Eailway Servants (Hours of Labour). The Considera- committee reported that, in the course of their inquiry, it *"^t%rmi came to their knowledge that allegations were made that *^?^°' <""^ certain persons had been reduced or dismissed from the p. 397.' , service of the company, in consequence of the evidence they had given before the committee, and that in the case of one person, John Hood, he was dismissed by the company mainly in consequence of charges arising out of the evidence given by him before the committee. The committee also reported that the manager of the company laid the evidence • 100 0. J. 672. 680. 697 ; 81 H. D. 3 s. U36. ' 82 H. D. 3 s. 431. 494. PEIVILEGE OP WITNESSES, &C. 125 Chapter V. relating to John Hood before the directors of the company, and that they, the directors of the company then present, when John Hood asked for a rehearing of the case, called him to account, and censured him for the evidence which he gave before the committee, in a manner calculated to deter other railway servants from giving evidence before a committee of the house. The member was heard in his place, in behalf of himself and the other directors and the manager of the Cambrian Eailway Company, and stated that they had not the slightest intention of deterring any railway servant from giving evidence before the committee ; and that if they had, by the course they had adopted, unintentionally infringed any of the rules or privileges of the house, they asked the house to accept the unqualified expression of their regiret; and one of the directors expressed his entire concurrence with Members to the member's statement. They then withdrew ; and the Me'p^™32 ^°use resolved that, while recognizing that the directors and manager of the company had disclaimed any intention to deter any railway servant from giving evidence before its committee, and had expressed their unqualified regret for having unintentionally infringed any of its rules and privi- leges, the house was of opinion that they had committed a breach of the privileges of the house in their action towards John Hood, and that they be called in and admonished by Mr. Speaker for the breach of privilege that they had committed. The directors and the manager were accord- Admoni- iugly Called in, the member standing in his place, and the Um, see p. ^^j^gj, (Jjrectors and manager standing at the bar, received See formal t^® admonition of the Speaker; which, by the order of the melons, p. ]iouse, was entered upon the journal.^ The privilege of protection from molestation in respect Protection of what they have stated professionally, is also extended '" '=°"°^^' to counsel. On the 21st March, 1826, complaint was made that an insulting letter had been written by John Lee ■Wharton to Mr. Fonblanque, Q.O., in relation to a speech Mr. Fon- made by him, at the bar of the House of Lords, on the 16th "^"i"^" > 147 C. J. 166. 126 STATEMENTS NOT ACTIONABLE. March. Mr. Wharton attended, according to order, and on Chapter v. making a proper submission and apology, was discharged from further attendance.^ statements ^^^ apart from the protection afforded by privilege, it to Pariia- appears that statements made to Parliament in the course ment not "■ '■_ actionable, of its proceedings are not actionable at law. In Lake v. King,^ which was an action upon the case for printing a false and scandalous petition to the committee of Parlia- ment for grievances, it was agreed by the court, " that the exhibiting the petition to a committee of Parliament was lawful, and that no action lies for it, although the matter contained in the petition was false and scandalous, because it is in a summary course of justice, and before those who have power to examine whether it be true or false. But the question was, whether the printing and publishing of it, in the manner alleged by the defendant in his plea," viz. by delivering printed copies to the members of the com- mittee, " according to custom used by others in that behalf, and approved of by the members of the said committee," was justifiable or not ? Judgment was given for the defendant, by Hale, C.J., upon the ground, "that it was the order and course of proceedings in Parliament to print and deliver copies, whereof they ought to take judicial notice." Admissible ^^ ^®^ '"• Mcrccron, an indictment against a magistrate as evidence. fQj. rnisconduct in his office, in having corruptly granted licences to public-houses, which were his own property, it was proposed, in behalf of the prosecutor, to prove what had been said by the defendant, in the course of his examination before a committee of the House of Commons, appointed for the purpose of inquiring into the police of the metropolis. The defendant had been compelled to appear before this committee, and had, upon examination, delivered in a list of certain public-houses, with the names of the owners and other particulars. On the part of the defendant it was ' 58 L. J. 128. 145. 659. 801. See also 2 lust. 228, as to ' 1 Saunders' Eeports, 131 b ; 1 eyldence before a jury being privl- Ler. 240; 2 Keb. 361. 383. 462. 496. leged. STATEMENTS NOT ACTIONABLE. 127 Chapter V. objected, tliat since this statement had been made under a compulsory process from the House of Commons, and under the pain of incurring punishment as for a contempt of that house, the declarations were not voluntary, and could not be admitted for the purpose of criminating the defendant : but Abbott, O.J., was of opinion that the evidence was admissible.^ ' 2 Starkie's Nisi Prius Cases, 366. 128 JUEISDICTION OF COURTS. CHAPTER VI. Chapter VI. JURISDICTION OF COURTS OF LAW IN MATTERS Table of OF PRIVILEGE. £??""''. see p. XXI. Difficulty The precise jurisdiction of courts of law in matters of privi- question. l^g^j is One of the most difficult questions of constitutional law that has eyer arisen. Upon this point the precedents of Parliament are contradictory, the opinions and decisions of judges have differed, and the most learned and experienced men of the present day are not agreed. It would, therefore, be presumptuous to define the jurisdiction of the courts, or the bounds of parliamentary privilege : but it may not be useless to explain the principles involved in the question; to cite the chief authorities, and to advert to some of the leading cases that have occurred. Principles It has been shown already (see p. 57), that each house of Parliament claims to be sole and exclusive judge of its own privileges, and that the courts have repeatedly acknow- ledged the right of both houses to declare what is a breach of privilege, and to commit the parties offending, as for a contempt: but, although the courts will neither interfere with Parliament in its punishment of offenders, nor assume the general right of declaring and limiting the privileges of Parliament, they are bound to administer the law of the land, and to adjudicate when, breaches of that law are complained of. The jurisdiction of Parliament, and the jurisdiction of the courts, are thus liable to be brought into conflict. The House of Lords, or the House of Commons, may declare a particular act to have been justified by their order, and to be in accordance with the law of Parliament ; while the courts may decline to acknowledge the right of one house to supersede, by its sole authority, the laws which have been made by the assent, or which exist with the acquiescence, of all the branches of the legislature. It is JURISDICTION OP COUETS. 129 Chapter true that, in a general sense, the law of Parliament is the VI. . law of the laud : but if one law should appear to clash with the other, how are they to be reconciled ? Is the declaration of one component part of Parliament to be conclusive as to the law; or are the legality of the declaration, and the jurisdiction of the house, to be measured by the general law of the land? In these questions are comprised all the difficulties attendant upon the conflicting jurisdictions of Parliament, and of the courts of law. It is contended, on the one hand, that in determining matters of privilege the courts are to act ministerially leather than judicially, and to adjudicate in accordance with the law of Parliament, as declared by either house ; while, on the other, it is maintained that, although the declaration of either house of Parliament, in matters of privilege within its own immediate jurisdiction, may not be questioned, its orders and authority cannot extend beyond its jurisdiction, and influence the decision of the courts, in the trial of causes, legally brought before them. From these opposite views it naturally follows that, in declaring its privileges. Parliament may assume to enlarge its own jurisdiction, and that the courts ma,y have occasion to question and confine its limits. The claim of each house of Parliament to be the sole and exclusive judge of its own privileges has always been as- serted, in Parliament, upon the principles, and with the limitations which were stated on p. 60, and is the basis of the law of Parliament. This claim has been questioned in the courts of law : but before the particular cases are cited, it will be advisable to take a general view of the legal authorities which are favourable or adverse to the claim, in its fullest extent, as asserted by Parliament. The earliest authority on which reliance is usually placed, Authorities in support of the claim, is the well-known answer of the ihl^^du"^ judges in Thorpe's case (see p. 102). In the 31st Henry sije juris- VI., on the Lords putting a case to the judges, whether Pariia- Thomas Thorpe, the Speaker of the Commons, then im- Thorpe's prisoned upon judgment ih the Court of Exchequer, at ''''^^• r. K 130 EXCLUSITE JURISDICTION OF PAELIA.MENT. the suit of the Duke, of York, " should be delivered from chapter prison by virtue of the privilege of Parliament or not," the _ Chief Justice Fortescue, in the name of all the justices, answered — " That they ought not to answer to that question, for it hath not heen used aforetyme, that the justices should in anywise determine the privilege of this High Court of Parliament ; for it is so high and so mighty in its nature, that it may make law, and that that is law it may make no law ; and the determination and knowledge of that privilege belongeth to the Lords of the Parliament, and not to the justices." 1 In regard to this case it must be observed that no legal question had come before the judges for trial, in their judicial capacity : but that, as assistants of the House of Lords, their opinion was desired upon a point of privilege which was clearly within the immediate jurisdiction of Parliament, and was awaiting its determination. Under these circumstances it was natural that the judges should be reluctant to press their own opinions, and desirous of leaving the matter to the decision of the Lords. That part of their answer which alleges that Parliament can make and unmake laws, as a reason why the judges should not deter- mine questions of privilege, can only apply to the entire Parliament, and not to either house separately, nor even to both combined ; and, consequently, it has no bearing upon the jurisdiction of Parliament, except in a legislative sense. Sir E. Coke. The principle of this answer was adopted and confirmed by Sir Edward Coke, who lays it down that " whatever matter arises concerning either house of Parliament, ought to be discussed and adjudged in that house to which it re- lates, and not elsewhere; "^ and again, that "judges ought not to give any opinion of a matter of privilege, because it is not to be decided by the common laws, but secundum leges et consuetudinem Parliamenti ; and so the judges, in divers Parliaments, have confessed." * ' 5 Eot. Pari. 240 ; see also Lord « 4th Inst. 15 ; see also Lord Cla- EUenborough's observations upon^ rendon's definition of the Commons' this case, 14 East, 29. jurisdiction, Hist. Eebellion, vol. ii. ^ 4th Inst. 15. book iv. p. 195, 8vo edit. Oxf. VI. EXCLUSIVE JOEISDICTION OP PARLIAMENT. 131 Chapter In the case of Barnardiston v. Soame, in 1674, Lord Chief Lord c. J. ^^' Justice North said— ''^'"'"'• " I can seo no other way to avoid consequences derogatory to the honour of the Parliament but to reject the action, and all others that shall relate either to the proceedings or privilege of Parliament, as our predecessors have done. For if we should admit general remedies in matters relating to the Parliament, we must set bounds how far they shall go, which is a dangerous province; for if we err, privilege of Parliament will be invaded, which we ought not in any way to en- damage." Bat in the same argument he alleged " that actions may be brought for giving Parliament protections wrongfully; actions may be brought against the Clerk of the Parliaments, Serjeant-at-arms, and Speaker, for aught I know, for executing their ofiSoes amiss, with averments of malice and damage ; and then must judges and juries determine what they ought to do by their ofScers. This is in effect prescribing rules to the Parliament for them to act by." i In the case of Paty, one of the Aylesbury men, brought Mr. Justice up by habeas corpus, Mr. Justice Powell thus defined the ^°^^''' jurisdiction of the courts in matters of privilege — " This court may judge of privilege, but not contrary to the judg- ment of the House of Commons." Again, "This court judges of privilege only incidentally ; for when an action is brought in this court, it must be given one way or other." " The court of Parliament is a superior court ; and though the King's Bench have a power to prevent excesses of jurisdiction in courts, yet they cannot prevent such excesses in Parliament, because that is a superior court, and a prohibition was never moved for to the Parliament." ^ It is laid down by Hawkins that Hawkins, " There can be no doubt but that the highest regard is to be paid to all the proceedings of either of those houses ; and that wherever the contrary does not plainly and expressly appear, it shall be presumed that they act within their jurisdiction, and agreeably to the usages of Parliament, and the rules of law and justice." ^ And Lord Chief Baron Comyn, following the opinion of Lord c. B, Sir Edward Coke, affirms that '^"'"y"- " All matters moved concerning the Peers and Commons in Parlia- ment, ought to be determined according to the usage and customs of Parliament, and not by the law of any inferior court." * In several other cases which related solely to commit- 1 6 Howell, St. Tr. 1110. Brass Crosby and Rex v. Wright. ^ 2 Lord Eaym. 1105 ; see also the ' 2 Pleas of the Crown, u. 15, s. 73. opinions of Mr. Justice Blaokstone •• Digest, " Parliament " (G-. 1). and Lord Kenyon in the oases of 132 JUEISDICTION OF COtTRTS. ments by either house of Parliament, very decided opinions Chapter have been expressed by the judges, in favour of privilege '. — (see p. 65), and adverse to the jurisdiction of the courts of law : but most of these may be taken to apply more espe- cially to the undoubted right of commitment for contempt, rather than to general matters of law in which privilege may be concerned. These authorities are sufiScient, for the present purpose, to show the general confirmation of the exclusive jurisdic- See also tion of Parliament, in matters of privilege : but even here ^^gj^f the parliamentary claim is occasionally modified and limited, P- ^^^• Authorities ^^ ^^ *^^ Opinions of Lord Clarendon, Chief Justice North, in support g^j^(j Lord Kenyon. In other cases, the iurisdiction of courts of tlie juris- •' . diction of of law has been more extensively urged, and the privileges matters of of Parliament proportionately limited. In Benyon v. Evelyn, privilege. ^^^ Lord Chief Justice, Sir Orlando Bridgman, came to the Bridgman. cOUclusion — " That resolutions or resolves of either house of Parliament, singly, in the absence of parties concerned, are not so concludent upon courts of law, but that we may, nay (with due respect, nevertheless, had to their resolves and resolutions), we must, give our judgment according as we upon our oath conceive the law to be, though our opinions fall out to be contrary to those resolutions or votes of either house." ' Lord C. J. On another occasion Lord Chief Justice Willes said — Willes. (( J declare for myself, that I will never be bound by any determina- tion of the House of Commons, against bringing an action at common law for a false or double return ; and a party may proceed in West- minster Hall, notwithstanding any order of the house." ^ j^ Lord Mansfield, in arguing for the exclusive right of the field. Commons to decide upon elections, said — " That, in his opinion, declarations of the law by either house of Parliament were always attended with bad effects : he had constantly opposed them whenever he had an opportunity ; and, in his judicial capacity, thought himself bound never to pay the least regard to them : " " but he made a wide distinction between general declarations of law, and the particular decision which might be made by either house, in their judicial capacity, on a case coming regularly before them, and properly the subject of their jurisdiction." > Benyon v, Evelyn, Bridgman, ' Wynne v. Middleton, 1 Wils. 324. 128. JUKISDICTION OP COURTS. 133 Chapter At another time the same great authority declared that '. " a resolution of the House of Commons, ordering a judg- ment to be given in a particular manner, would not be binding in the courts of Westminster Hall." ^ And in I'ord Ellen- Burdett v. Abbot, Lord EUenborough said, " The question in all cases would be, whether the House of Commons were a court of competent jurisdiction, for the purpose of issuing a warrant to do the act." ^ Passing now to the most recent judicial opinions, the cases of Stockdale v. Hansard and Howard v. Gosset present themselves. An outline of all the proceedings in these cases (the most important that had arisen since that of Ashby and White), will be presently attempted : but, for the present, the expositions of the judges, in reference to the general jurisdiction of the courts, will be necessary to close this summary of authorities. In giving judgment in the former case on the 31st May, stockdale , , V. Hansard. 1839, Lord Denman used these words — " But having convinced myself that the mere order of the house will not justify an act otherwise illegal, and that the simple declara- tion that thai order is made in exercise of a privilege, does not prove the privilege ; it is no longer optional with me to decline or accept the ofBce of deciding whether this privilege exist in law." In the same trial Mr. Justice Littledale argued — " It is said the House of Commons is the sole judge of its own privi- leges; and so I admit, as far as proceedings in the house, and some other things, are concerned : but I do not think it follows that they have a power to declare what their privileges are, so as to preclude inquiry whether what they declare are part of their privileges. I think that the mere statement that the act complained of was done by the authority of the House of Commons is not of itself, without more, sufEoient to call at once for the judgment of the court for the defendant."^ In giving judgment upon the case of Bradlaugh v. Gosset, Bradlaugh V. Gosset. ' 16 Hansard, Pari. Hist. 653; 24 expressed by Judges Patteson and ib. 517. Coleridge, in Stockdale v. Hansard, ' 14 East, 128. and Howard v. Gosset, pp. 169. 174. ^ Proceedings, printed by the 1 88 ; Arguments and Judgment, as Coolmons, 1839 (283), pp. 155. 161. printed by the House of Commons, 162 ; see also the concurrent opinions 1845 (305), p. 105. 134 JURISDICTION OF COXJETS. Mr. Justice Stepheu affirmed the principle that the House Chapter of Commons has the exclusive power of interpreting a [ — statute, "so far as the regulation of its own proceedings within its own walls is concerned ; and that even if that See also interpretation should be erroneous, this court has no power gemmiY. to interfere with it directly or indirectly." He moreover ■^'"^^''"^''' stated that "a resolution of the house, permitting Mr. Bradlaugh to take his seat on making a statutory declara- tion, would certainly never have been interfered with by this court," and that " if we had been moved to declare it void, and to restrain Mr. Bradlaugh from taking his seat until he had taken the oath, we should undoubtedly have refused to do so." The judge, however, declared that "on the other hand, if the house had resolved oyer so decidedly that Mr. Bradlaugh was entitled to make the statutory declaration instead of taking the oath, and had attempted by resolution or otherwise to protect him against an action for penalties, it would have been our duty to disregard such a resolution, and if an action for penalties were brought, to hear and determine it according to our own interpretation of the statute " ^ (see also p. 142). Judgments With these coniiicting opinions as to the limits of parlia- claims of mentary privilege, and the jurisdiction of courts of law, if privilege. q[^\^q^ house of Parliament insist upon precluding other courts from inquiring into matters which are held to be witlun its own jurisdiction, the proper mode of effecting that object, is the next point to be determined. If the courts were willing to adopt the resolutions of the house as their guide, the course would be clear. The authority and adjudication of the house would be pleaded, and the courts, acting ministerially, would at once give effect to them. But if the courts regard a question of privilege as any other point of law, and assume to define the jurisdiction of the house, — in what manner, and at what point, can their ad- verse j udgments be prevented, overruled, or resisted ? The ' 12 Q. B. 280. See also the judge's mitted within the walls of Parlia- opinion upholding the jurisdiction of ment, Anson, "Parliament," vol. i. p. the courts over a criminal act com- 166. JURISDICTION OF COUETS. 135 Chapter several modes that have been attempted, will appear from L_ the following cases : but it must be premised that when a privilege of the Commons is disputed, that house labours under a peculiar embarrassment. If the courts admit or deny the right of the privilege, their decisions are liable to be reversed by the House of Lords ; and thus, contrary to the law of Parliament, one house would be constituted a judge of the privileges claimed by the other. With these per- plexities before them, it is not surprising that the Commons should frequently have viewed all legal proceedings, in derogation of their authority, as a breach of privilege and contempt. They have restrained suitors and their counsel by prohibition and punishment, they have imprisoned the judges, they have coerced the sheriff: but still the law has taken its course. Having opened the principles of the controversy respect- ing parliamentary jurisdiction, it is time to proceed with a narrative of the most important cases in which the privileges of Parliament have been called in question. Sir William Williams, Speaker of the House of Commons, <^ase of Sir . W. Wil- in the reigns of Charles II. and James II., had printed and Hams. published, by order of the house, a paper well known in the histories of that time as Dangerfield's Narrative. This paper contained reflections upon the Duke of York, afterwards James II., and an information for libel was filed against the Speaker, by the attorney-general, in 1684. He pleaded to the jurisdiction of the court, that as the paper had been signed by him, as Speaker, by order of the House of Com- mons, the Court of King's Bench had no jurisdiction over the matter. On demurrer, this plea was overruled, and a plea in bar was afterwards made, but withdrawn; his plea, that the order of the house was a justification, was set aside by the court, without argument, as "an idle and insignificant plea ; " and he was fined 10,000Z. Two thousand pounds of this fine were remitted by the king, but the rest he was obliged to pay. The Commons were indignant at this con- tempt of their authority, and declared the judgment to be an illegal judgment and against the freedom of Parliament. 136 JURISDICTION OF COXJETS. It was also included in the general condemnation by the Bill Chapter; of Eights, of " prosecutions in the Court of King's Bench for 1^- matters and causes cognizable only in Parliament." ^ Jay J). Top. The next important case is that of Jay v. Topham, in 1689. After a dissolution of Parliament, an action was brought in the Court of King's Bench against John Topham, Esq., Serjeant-at-arms, for executing the orders of the house in arresting certain persons. Mr. Topham pleaded to the juris- diction of the court the said orders : but his plea was over- ruled, and judgment given against him. The house declared this judgment to be a breach of privilege, and committed Sir F. Pemberton and Sir T. Jones, who had been the judges in the cause, to the custody of the Serjeant-at-arms. They had protested, in their examination, that they had not questioned the legality of the orders of the house, but had overruled, on technical grounds, the plea to the jurisdiction. They averred also, that if there had been a plea in bar, the defendant would have been entitled to a judgment. Assuming the truth of their statements, it has been generally acknowledged that these proceedings against the judges were liable to great objection. Lord EUenborough said, that it was surprising " how a judge should have been questioned, and committed to prison by the House of Commons, for having given a judgment which no other judge who ever sat in his place could have differed from." And Lord Denman, in Stockdale v. Hansard, said that this judgment was righteous, and that the judges " vindicated their conduct by unanswerable reasoning ; " and again, in Howard v. Cosset, he called the commitment of these judges " a flagrant abuse of privilege : " but, on the other hand. Lord Campbell haa pointed out that there had been a plea in bar, which had been overruled, as stated in the petition of Topham to the House of Commons, and that the authority of that house had, in fact, been questioned by the judges.^ ' 12th July, 1689, 10 C. J. 146. notes, 1839 (283), 149 ; shorthand 177; 205. 215; 2 Shower, 471; 13 writer's notes of argument in Stock- Howell, St. Tr. 1370. ' dale v. Hansard, 76 ; 2 Lives of the ' 10 C. J. 104. 227; 12 Howell, Ch. Justices, 57; 2 Nelson's Abridg. St. Tr. 829. 831 ; shorthand writer's 1248. JURISDICTION OP COURTS. 137 Chapter The remarkable cases of Ashby and White, and the Ayles- Ashby and ' bury men, in 170i, are next worthy of a passing notice. They have been already mentioned (p. 51), with reference to the right of determining elections : but they must again be cited, to point out the course adopted by the Commons to stay actions derogatory to their privileges. Enraged by a judgment of the House of Lords, which held that electoi-s had a right to bring actions against returning ofi&cers, touch- ing their right of voting, the Commons declared that who- ever shall presume to commence or to prosecute such an action, was guilty of a breach of privilege. In spite of this declaration, five burgesses of Aylesbury, commonly known as "the Aylesbury men," commenced actions against the constables of their borough, for not allowing their votes. The House of Commons obtained copies of the declarations, and resolved that the parties were " guilty of commencing and prosecuting actions ... in breach of the known privi- leges of this house:" for which offence, the parties and their attorney were committed to Newgate. Thence they endeavoured to obtain their release by writs of habeas corpus, but without success ; and the counsel who had pleaded for the prisoners, on the return of the writs, were committed to the custody of the Serjeant-at-arms.^ The Lords took part with the Aylesbury men against the Commons ; and after a tumultuous session, occupied with addresses, conferences, and resolutions upon privilege, the queen prorogued the Parliament. At a later period a series of cases arose, in which the authority of the House of Commons, and the acts of its officers, were questioned. They have caused so much con- troversy, and have been so fully debated and canvassed, that nothing is needed but a succinct statement of the pro- ceedings, and a commentary upon the present position of parliamentary privilege and jurisdiction. Messrs. Hansard, the printers of the House of Commons, piinted had printed, by order of that house, the reports of the in- ^jj^"^^, spectors of prisons, in one of which a book published by "• Hansard, ' 14 0. J. 444. 445. 552. 138 JUBISDICTION OF COCETS. John Joseph Stockdale was described in a manner which Chapter he conceived to be libellous. He brought an action against Messrs. Hansard, during the recess in 1836, who pleaded the general issue, and j)roved the order of the house to print the report. This order, however, was held to be no defence to the action : but Stockdale had a verdict against him upon a plea of justification, as the jury considered the description of the work in question to be accurate. On that occasion Lord Chief Justice Denman, who tried the cause, made a ■declaration adverse to the privileges of the house, which Messrs. Hansard had set up as part of their defence. In his direction to the jury, his lordship said " that the fact of the House of Commons having directed Messrs. Hansard to publish all their parliamentary reports is no justification for -them, or for any bookseller who publishes a parliamentary report containing a libel against any man." In consequence •of these proceedings, a committee was appointed, in 1837, to ascertain the law and practice of Parliament in reference to the publication of papers, printed by order of the house. The result of these inquiries was the passing of resolutions by the house, declaring that the publication of parliamentary reports, votes, and proceedings M'as an essential incident to the constitutional functions of Parliament ; that the house had sole and exclusive jurisdiction to determine upon the •existence and extent of its privileges ; that to dispute those privileges by legal proceedings was a breach of privilege; .and that for any court to assume to decide upon matters of privilege inconsistent with the determination of either house of Parliament was contrary to the law of Parliament.^ Stockdale, however, immediately commenced another action, and the house, instead of acting upon its resolutions, directed Messrs. Hansard to plead, and the attorney-general to defend them. In this action the privileges and order of the house were alone relied upon in the defence of Messrs. Hansard; and the Court of Queen's Bench unanimously •decided against the claim of privilege. Still the House of Commons was reluctant to act upon its ' 92 C. J. 418. JURISDICTION OF COXJETS. 139 Chapter own resolutions, and instead of punishing the plaintiff, and Damages ' his legal advisers, it ordered the damages and costs to be ^"" ' paid, " under the special circumstances of the case ; " though it was determined that, in case of future actions, Messrs. Hansard should not plead, and that the parties should suffer for their contempt of the resolutions and authority of the house. Another action was brought by the same person, and for the publication of the same report. Messrs. Hansard did not plead, the judgment went against them by default, and the damages were assessed by a jury, in the Sheriff's Court, at 600Z, The Sheriffs of Middlesex levied for that amount, but having been served with copies of the resolutions of the house, they delayed paying the money to Stockdale as long as possible. At the opening of the session ofcommit- Parliament in 1840, the money was still in their hands. ^™iffs. ' ^ The House of Commons at once entered on the consideration of these proceedings, and committed Stockdale to the custody of the Serjeant. The sheriffs were desired to refund the money, and, on their refusal, were also committed.^ Stockdale, while in prison, commenced a fourth action by stockdale's the same solicitor, and with him was committed to Newgate actioD. for the offence. Messrs. Hansard were again ordered not to plead, and once more judgment was entered up against them. Meanwhile, as the imprisonment of the plaintiff and his attorney did not prevent the prosecution of further actions, protection was obtained for the publication of parliamentary papers by the statute 3 & 4 Vict. 9 (see p. 99). For the In the contest with the House of Commons carried on by Howard's 'of^ffowani Stockdale and by his attorney, an action was commenced ^^°?°^_ V. Gosset jjy ]y;j._ Howard against Sir William Gosset and other . ana others, •' ° 6ee p. 65, officers of the house, known as Howard's second action, for taking him into custody, and conveying him to Newgate, in obedience to orders of the house, and the Speaker's warrants.^ The house gave the defendants leave to appear, and directed the attorney-general to defend them.^ The » The sheriffs paid the money to ' 98 C. J. 59. Stockdale under an attachment, 11 = lb. 118. H. D. 15th March, 1843. Adolphus & Ellis, 253. 140 JUEISDICTION OF COUBTS. circumstances which originated this action, and the results Chapter to which it led, may be briefly described. When Mr. Howard commenced his fourth action against Messrs. Han- sard (see p. 139), he was ordered to attend the house : but having wilfully evaded the service of the order, the house, instead of resolving that he was in contempt, adopted the Persons precedent of 31st March, 1771,^ and, according to ancient custody, " custom, ordered that he should be sent for in the custody of ^^^ P- ^^■ Form of the Serjeant,^ and that Mr. Speaker should issue his warrant, ^]iicli directed the Serjeant-at-arms "to take into your custody the body of the said Thomas Burton Howard." Howard was taken into custody on this warrant, and brought to the bar ; and it was for this arrest that the action of Arguments trespass was brought. In the argument it was contended^ ment"'^^" ^^^ °^^J' ^^^* *^® warrant was informal, but that the house had exceeded its jurisdiction in sending for a person itt custody, without having previously adjudged him guilty of a contempt. The [house might have sent for him, it was- urged, and when he did not appear, have declared him in contempt, and committed him for his offence : but they had no right to bring him in custody, and thus imprison him upon a charge instead of on conviction. This doctrine, however, was not supported by the court : but judgment was given for the plaintiff because according to the judgment of the court the warrant was technically in- formal. The judges, however, considered that no question of privilege was involved in their decision ; and " that the form of the warrants issued by Mr. Speaker, by order of the house, may be questioned and adjudged to be bad, without impugning the authority of the house, or in any way dis- puting its privileges." From this doctrine a committee of. the Commons ^ entirely dissented. " They could not admit the right of any court of law to decide on the propriety of those forms of warrants which the house, through its highest ofiBcer, has thought proper to adopt on any par- ticular occasion : but, in considering the course to be ' 21 C. J. 705. ' 2ud Eeport on Printed Papers^ ^ 95 ib. 30. 1845 (397), p. vi. PRESENT POSITION OF PRIVILEGE. 141 Chapter VI. Legal pro- ceedings against members and officers of Parlia- ment, see p. 83. Power to commit, see p. 66. adopted by the house in consequence of this judgment, the committee recommended to the house that every legitimate mode of asserting and defending its privileges should be exhausted before it prevented, by its own authority, the further progress of the action." The house concurred in the opinion of the committee, and Later cases ordered that a writ of error be brought upon the judgment able to of the Court of Queen's Bench,i though, to avoid " sub- P"^'i«g«- mitting to abide by the judgment of the court of error, in the event of its being adverse," the Serjeant was not authorized to give bail, and execution was levied on his goods.^ Judgment was given by the Court of Exchequer Chamber, on the writ of error, on the 2nd February, 1847, when the judgment of the court below was reversed by the unanimous opinion of all the judges of whom the court was composed. They found, " that the privileges involved in this case are not in the least doubtful, and the warrant of the Speaker is, in our opinion, valid, so as to be a protection to the officer of the house." ^ In the case of Lines v. Eussell (see p. 66), on the infor- Lii mation of the Serjeant-at-arms, that he had been served with a writ and declaration, at the suit of William Lines, the house resolved, that the Seijeant have leave to plead to and defend the action. He pleaded accordingly, and it was held that he was justified by the warrant.* In like manner, the Serjeant having informed the house, Bradiaugh 5th May, 1882, that an action had been commenced against "' ^"'^'"*- Mr. Erskine, the deputy Serjeant, by Mr. Bradlaugh, for an assault in removing him from the lobby, the house gave leave to Mr. Erskine to appear and plead in the action, and directed the attorney-general to defend him.^ Judgment was given for the defendant on demurrer, it being held by the court that the order of the house furnished a sufficient justification of anything done by the defendant under it, and within its scope, and on the 20th February, 1883, final Lines t?. Russell. • 100 C. J. 642; see also H. D. SOlh May and 26th June, 1845. 2 100 C. J. 562. ' Shorthand writer's notes, 1847 (39), p. 164. * 107 C. J. 64. 68. 5 137 ib. 182. 187. 142 PEESENT POSITION OP PRIVILEGE. judgment was given for the defendant.^ A subsequent Chapter attempt was made by Mr. Bradlaugh, in the form of an \ Bradlaugh action against the Serjeant, to obtain an injunction from the High Court of Justice to restrain him from using force to prevent Mr. Bradlaugh from entering the house for the purpose of taking his seat. The house made the usual order for the defence of the Serjeant ; ^ and on the 9th February, 1884, the Queen's Bench Division decided against Mr. Bradlaugh on the ground that the order under which the Serjeant acted related to the internal management of the procedure of the house, aad that the Court of Queen's Bench had no power to interfere ^ (see also p. 133). Present Thus far the course adopted by the house has led, for the privilege, present, to a fortunate termination of its contests with the courts of law : but it must be acknowledged that the position of privilege is unsatisfactory. Assertions of privi- lege are made in Parliament, and denied in the courts ; the officers who execute the orders of Parliament are liable to vexatious actions ; and if verdicts are obtained against them, the damage and costs are paid by the Treasury. The parties who bring such actions, instead of being pre- vented from proceeding with them, by some legal process acknowledged by the courts, can only be coerced by an unpopular exercise of privilege, which does not stay the actions. Remedy by A remedy has already been applied to actions connected statute. ^j^j^ ^-j^Q printing of parliamentary papers (see p. 99) ; and a well-considered statute, founded upon the same principle, is the only mode by which collisions between Parliament and the courts of law can be prevented for the future. It is not desired that Parliament should, on the one hand, surrender any privilege that is essential to its dignity, and to the proper exercise of its authority ; nor, on the other, that its privileges should be enlarged.* But some mode of enforcing them should be authorized by law, analogous to ' Times report, 12tli Jan. and 21st * Tiiese views, expressed long Feb. 1883. since, receive confirmation from a ' 138 C. J. 364. 370. letter of Lord Jeffrey, 2 Cockburn's ^ 12 Q. B. r». 271. Life, 353. PKESENT POSITION OF PEIVILEGE. 143' Chapter an injunction issued by a court of equity to restrain parties- '. from proceeding with an action at common law, and even with a private bill, or an opposition to a private bill, in Parliament (see p. 645) ; and such a prohibition should be made binding, not only upon the parties, but upon the courts. ( 144 ) BOOK II. PEAOTICE AND PEOCEEDINGS IN PARLIAMENT. Introduc- tory re- marks. Ancient usage. Modern practice. Standing orders. CHAPTER VII. INTEODUCTOKY EEMAEKS. MEETING OP A NEW PAELIA- MENT, &C. The proceedings of Parliament are regulated by ancient usage, by established practice, and by the standing orders. Ancient usage, when not otherwise declared, is cSllected from the journals, from history and early treatises, and from the continued experience of practised members. Modern practice is often undefined in any written form ; it is not recorded in the journals ; it is not to be traced in the published debates ; nor is it known in any certain manner but by personal experience, and by the daily practice of Parliament, in conducting its various descriptions of business. The orders and resolutions for regulating the proceedings of Parliament are recorded in the journals of both houses, which may be divided into: 1, standing orders; 2, sessional orders ; and 3, orders or resolutions, undetermined in regard to their permanence. 1. Both houses have agreed, at various times, to standing orders for the permanent guidance and order of their pro- ceedings; which, if not vacated or repealed,^ endure from one Parliament to another.^ Commons, 1st Dec. 1882, constituting standing committees, were made standing orders until the end of the next session ; and these standing orders were subsequently revived for the session of 1884. 139 C. J. 73 (see p. 372). Chapter VII. TMe of Contents, see p. xxi. ' In the Lords, the rescinding of a standing order is termed " vaoat- ting :" in the Commons, "repealing." The earliest example of a standing order being repealed was on the 2l8t Nov. 1722, 20 C. J. 01. ' The resolutions of the House of STANDING AND SESSIONAL OKDEES. 145 Chapter Both houses, the Lords, under standing order No. 61, suspension ^^^- and the Commons, pursuant to usage, require that notice "i^jj^g'™*'"^ See motion should be given of a resolution whereby a standing order p. 487. jg suspended ; though, in the Commons, the rule is relaxed ■when re- if necessity should arise.^ In the Lords, the suspension ^ee*if'235 ^^ ^ Standing order is obtained by a distinct resolution to that effect: in the Commons, besides suspension by resolution, the provisions of a standing order can be tem- porarily set aside by an order of the house, made Waiver of without previous notice, which prescribes a course of p. 233.^'^^ action inconsistent with the provisions of a standing order.^ The standing orders of the House of Lords are published from time to time by order of the house. The standing orders of the House of Commons relating to public and private business were first printed in a collected form by the order of the house during the session of 1810;® and the publication of the standing orders has been continued ever since.* 2. At the commencement of each session both houses sessional agree to orders and resolutions, which are renewed from X'^^eniji^ year to year. p- 837. 3. The operation of orders or resolutions of either house, orders ana of which the duration is undetermined, is not settled upon resolutions. g^^ any certain principle. By the custom of Parliament they Speaker's vvould be Concluded by a prorogation : but many of them statement, . /. t-> t p. 164. are, as part of the settled practice of Parliament, observed in succeeding sessions, and by different Parliaments, without any formal renewal or repetition.^ ' See also S. O. No. 224, Priv. Bus. observed as permanent, without being ' 1st May, 1891, 352 H. D. 3 s. made standing orders, may be cited 1854. the formal reading of a bill at the ' Pari. Paper, sess. 1810, 355. opening of a session ; several resolu- * A manual of " Eules, Orders, and tions regarding procedure on peti- Porms of Proceeding of the House of tions; the resolution prohibitino- Commons, relating to Public Busi- members from engaging in the ness," drawn up by the Clerk of the management of private bills ; the house, and laid upon the table by the time for presenting estimates ■ Speaker, has, since 1854, been the rules of the committee of printed by order of the house for supply; and the means of seourino- each succeeding Parliament. a seat in the house by a member on ' For examples of resolutions being a select committee. See also the 146 MEETING OF A NEW PAELIAMENT. Statutes In addition to these several descriptions of internal autho- chapter ro^aUve ^^^V' ^7 which the proceedings of both houses are regulated, ^^' they are governed, in some few particulars, by statutes and by royal prerogative. Plan of the In this chapter it is proposed to present an outline oi Method am Book. the general forms of procedure, in reference to the meeting transaction of a new Parliament, adjournments, and prorogations; and, in °{,'"^^4' future chapters, to proceed to the explanation of the various modes of conducting parliamentary business, with as close an attention to methodical arrangement as the diversity of the subjects will allow. Where the practice of the two houses differs, the variation will appear in the description of each separate proceeding : but wherever there is no difference, one account of a rule or form of proceeding may be understood as applicable equally to both houses of Parliament. Meeting of On the day appointed by royal proclamation for the first liamrnt^"^' fleeting of a new Parliament for despatch of busin'ess ^ (see p. 44), the members of both houses assemble in their re- spective chambers. In the House of Lords, the lord chan- cellor acquaints the house " that her Majesty, not thinking it fit to be personally present here this day, has been pleased to cause a commission to be issued under the great seal, in order to the opening and holding of this Parlia- ment." The five lords commissioners, being in their robes, and seated on a form between the throne and the woolsack, then command the gentleman usher of the Black Eod to let the Commons know " the lords commissioners desire their immediate attendance in this house, to hear the commission read." Commons Meanwhile, the clerk of the Crown in chancery has de- attend in liyered to the Clerk of the House of Commons a Eeturn the Hjuse of Peers. Speaker's statement after he had put of members. In 1809, Monday in force the resolution regarding the having been proposed for the meet- exclusion of strangers, 4th March, ing, Mr. Wilberforce protested that 1876, 227 H. D. 3 s. 1405. 1420. it would involve travelling on • It may be observed that Parlia- Sunday, and the day was accordingly ment is generally summoned to meet changed. 3 Wilberforce's Diary, on a Tuesday or Thursday, which 397. 398 ; 1 Walpole, Life of Spencer are convenient days for the arrival Perceval, 302. MEETING OF A NEW PAELIAMENT. 147 Chapter Boot of the names of the members returned to serve in the ' Parliament ; after which, on receiving the message from the Black Eod, the Clerk, and the House of Commons, go up to the House of Peers. The lord chancellor there addresses the members of both houses, and acquaints them that her Majesty has been pleased "to cause letters patent to be issued, under her great seal, constituting us, and other lords therein named, her commissioners, to do all things in her Majesty's name, on her part necessary to be performed in this Parliament." The letters patent are next read at length by the Clerk ; after which the lord chancellor, acting in obedience to these general directions,^ again addresses both houses, and acquaints them "That her Majesty will, as soon as the members of both houses shall be sworn, declare the causes of her calling this Parliament ; and it being necessary a Speaker of the House of Commons should be first chosen, that you, gentlemen of the House of Commons, repair to the place where you are to sit, and there proceed to the appointment of some proper person to be your Speaker ; and that yon present such person whom you shall so choose, here, to-morrow (at an hour stated), for her Majesty's royal approbation." ' In 1868, an exceptional course, in the opening of Parlia- Pioceed- ment, was rendered necessary by peculiar circumstances. J,^|^°"^j. Parliament had been dissolved in November, and was sum- ministry moned to meet on Thursday, 10th December. A week recess- before this time, however, the ministers had resigned, and a new administration was formed, which was sworn in on the 9th December. To have prorogued Parliament, at so short a notice, would have been inconvenient ; while without any * On the opening of a new Parlia- been in use, with little variation^ ment, the commissioners, without since the 12th Anne (1713). Before express directions to that effect in that time the sovereign usually came the commission, direct the Commons down on the first day of the new to elect a Speaker, and afterwards Parliament, a custom continued by signify her Majesty's approval. But George III. until 1790. 46 C. J. 6. whenever a vacancy occurs in the On one occasion Queen Anne came office of Speaker, during a session, a, down three times, viz. to open Par- special commission is required to liament, to approve the Speaker, and signify the Queen's approval. Mr. to declare the causes of summons in Speaker Shaw Lefevre, 1839 ; Mr. a speech from the throne (1707), 15 Speaker Brand, 1872, 127 0. J. 23. ib. 393. ' The forms here described have 148 MEETING OF A NEW PARLIAMENT. ministers in the House of Commons, and without previous chapter consultation, it was not possible to open Parliament in the accustomed manner, with a Queen's speech and addresses from both houses. A precedent was found in December, 1765, when the Eockingham ministry having come into office during the recess, the king opened Parliament in a speech, in which he stated that, as matters of importance had occurred in the American colonies, he had called Parlia- ment together to give an opportunity of issuing writs to supply the many vacancies which had happened in the House of Commons, in order that Parliament might be full for the consideration of the weighty matters which would, after the Christmas recess, be brought before them. This precedent, however, was open to objection, as the speech, having all the usual solemnities, required addresses in answer, and was, in fact, the occasion of amendments and debates. The follow- ing course was therefore taken on this and on several sub- sequent occasions. Instead of a Queen's speech, the lords commissioners, under the great seal for opening and holding the Parliament, announced that, as soon as the members of both houses were sworn, the causes of her Majesty's calling this Parliament would be declared, and directed the Com- mons to choose their Speaker. After the election of the Speaker, and some days were spent in the swearing in of members of both houses, the lords commissioners informed Parliament that they had it further in command to acquaint both houses that since the time vrhen her Majesty had deemed it right to call them together, several vacancies had been caused by the acceptance of office from the Crown ; and that it was her Majesty's pleasure that an opportunity should be given to issue writs for supplying the vacancies so caused, and that after a suitable recess they might pro- ceed to the consideration of such matters as would then be laid before them.^ This proceeding obviated the necessity of an address ; the new writs were issued, and both houses Regarding adjourned. On a similar occasion, when a sitting of the "^^^'j''^" ■ 17th Deo. 1765, 31 L. J. 225 ; 30 ib. 5 ; 1880, 135 ib. 123 ; 1886, 141 pending, C. J. 437 ; 1868, 124 ib. 5 ; 1874, 129 ib. 315. see pp. 596. 600. INTBODXICTION OF PEEKS. 149 Chapter house was appointed for the issue of the new writs occa- '. — sioned by a change of ministry, it has been ruled that no debate can be raised, nor business transacted of a con- tentious character.^ But, to proceed with the accustomed forms, the Commons Proceed- withdraw immediately after the Queen's pleasure for the ^0^1" ""^ election of a Speaker has been signified, and return to their own house, while the House of Lords is adjourned during pleasure, to unrobe. On that house being resumed, the prayers, with which the business of each day is commenced. Prayers. are read, for the first time, by a bishop, or if no bishop be Places in present, by any peer in holy orders ; or if there be none see p. 172. pi'ssent, then by the lord chancellor or lord on the woolsack, or by any peer who may be in the house.^ The lord chan- cellor first takes and subscribes the oath singly, at the table. The clerk of the Crown delivers a certificate of the return of the sixteen representative peers of Scotland ; and Garter king-of-arms the roll of the lords temporal; after which the lords may present their writs * at the table, and take and subscribe the oath required by law (see p. 157). A peer of the blood royal takes the oath singly, like the lord chancellor.* At this time also peers are introduced who have received introdue- writs of summons, or who have been newly created by letters pe°e°s! patent, and they present their writs or patents to the lord chancellor, kneeling on one knee.^ They are introduced in their robes, between two other peers of their own dignity, ' Mr. Speaker's ruling, 18th Aug. before he can take his seat for the 1892, 7 Pari. Deb. 3 s. 451. first time, proves his right, to the ' Usually the junior bishop, i.e. satisfaction of the lord chancellor, the bishop last admitted to the house, * Prince of Wales, 95 L. J. 6 ; 73 L. J. 568 ; on the 19th July, 1879, Duke of Edinburgh, 98 ib. 382 ; 118 the 17th Jan. 1881, and again on the ib. 6. following day, prayers were read by " 73 ib. 569 ; 89 ib. 6. The lord the lord chancellor, no bishop being chancellor lays his patent, kneel- present. Lords' Minutes ; 26 L. J. ing, on the chair of state. For 138. 157. proceedings on the introduction of ' A new writ is issued to every the Prince of Wales, also of the Duke peer, except Scotch representative of Tork, see Lords' Minutes, Feb. peers, at the commencement of each 5th, 1863 ; 14th and 17th June, 1892. new Parliament. A peer by descent, 150 INTRODUCTION OF PEEKS. also in their robes, and are preceded by the gentleman usher chapter of the Black Eod (or in his absence by the yeoman usher), by ^^' Garter king-of-arms (or in his absence by Olarenceux king- of-arms, or any other herald officiating for Garter king-of- arms), and by the earl marshal, and lord great chamberlain. It is not necessary, however, that the two last officers should be present. Being thus introduced, peers are conducted to their seats, according to their dignity. When a new representatiTe peer of Ireland has been elected, he is not introduced, but simply takes and sub- scribes the oath. The clerk of the Crown in Ireland attends with the writs and returns, with his certificate annexed, which certificate is read and entered on the journal.^ And A bishop is introduced by two other bishops, presents his '^ °P^' writ, on his knee, to the lord chancellor, and is conducted to his seat amongst the spiritual lords, but without some of the formalities observed in the case of the temporal peers. Peers by Pecrs by desccnt, or by special limitation in remainder, are introduced under standing orders Nos. 13 and 14 — descent. " All peers of this realm by descent, being of the age of one and twenty years, have right to come and sit in the House of Peers without any introduction : no such peers ought to pay any fee or fees to any herald upon their first coming into the House of Peers : no such peers may or shall be introduced into the House of Peers by any herald, or By special '^i^h any ceremony : every peer of this realm claiming by virtue' of a limitations special limitation in remainder, and not claiming by descradi^shall be ■" y^: introduced." ^y^^ mainder. ^^r The lord chancellor explains to^be^'Eouse the descent of a peer who comes to take Tihe oath, on occasions when such explanation is necessary.^ Election of The Commons, in the mean time, proceed to the election Dutks of a^Speaker of ^;^qI^ Speaker. A member, addressing himself to the ^^"^[^^ Commons. Clerk (who, standing up, points to him, and then sits down), proposes to the house some other member then present, and moves that he " do take the chair of this house as Speaker," which motion is seconded by another member.^ ' 73 L. J. 575. 5 Mr. Pitt was desirous of pro- " 120 lb. 6. posing Mr. Addington himself: but ELECTION OF SPEAKER. 151 Chapter If no other member be proposed as Speaker, the motion is VII. ordinarily supported by an influential member (generally the leader of the House of Oommons), and the member proposed is called by the house to the chair, without any question being put.^ He now stands up in his place, and expresses his sense of the honour proposed to be conferred upon him, and submits himself to the house; the house again unanimously call him to the chair, when his proposer and seconder take him out of his place and conduct him to the chair. If another member be proposed, a similar motion is made and seconded in regard to him ; and both the candidates address themselves to the house. A debate ensues in relation to the claims of each candidate, in which the Clerk continues to act the part of the Speaker, standing up and pointing to the members as they rise to speak, and then sitting down. When this debate is closed, the Clerk puts the question that the member first proposed " do take the chair of this house as Speaker," and if the house divide, he directs one party to go into the right lobby, and the other into the left lobby, and appoints two tellers for each. If the majority be in favour of the member first proposed, he is at once conducted to the chair : but if otherwise, a similar question is put in relation to the other, which being resolved in the affirmative, that member is conducted to the chair by his proposer and seconder.^ According to usage, the two members who are proposed for the chair take part in the division, each member giving his vote in favour of his rival.* Mr. Hatsell, on being consulted, said, a university member performed this " I think that the choice of the office. When a Speaker is re-elected Speaker should not be on the motion without opposition, it has been usual of the minister. Indeed, an invidious for the proposer and seconder to be use might be made of it, to represent taken from different sides of the you as the friend of the minister, house, as in 1852, 1859, 1866, 1868, rather than the choice of the house." 1874, 1880 ; and 4th Aug. 1892. 147 Mr. Pitt acknowledged the force of 0. J. 412. this objection. 1 Pellew, Life of ' 2 Hatsell, 218; 112 0. J. 119; Lord Sidmouth, 78. 79. A county 121 ib. 9 ; 139 ib. 74 ; 147 ib. 412. and a borough member are generally " 90 ib. 5. selected for proposing and seconding ^ Election of Mr. Abeicromby, 19th the Speaker. In 1868, a borough and Feb. 1835, 26 H. D. 3 s. 56. Elec- 152 ELECTION OF SPEAKEE. Speaker elect returns thanks. The mace. Chapter VII. Royal ap- probation of the Speaker elect. The Speaker elect, on being conducted to the chair, stands on the upper step, and expresses " his grateful . thanks," or " his humble acknowledgments," " for the high honour the house had been pleased to confer upon him ; " and then takes his seat.^ The mace, which up to this time has been under the table, is now laid upon the table, where it is always placed during the sitting of the house, with the Speaker in the chair.^ Mr. Speaker elect is then con- gratulated by some leading member ; he puts the question for adjournment, and leaves the house without the mace. The house meets on the following day, and Mr. Speaker elect takes the chair and awaits the arrival of the Black Kod from the lords commissioners. When that officer has delivered his message, Mr. Speaker elect, with the house, goes up to the House of Peers, and acquaints the lords commissioners " That in obedience to her Majesty's commands, her Majesty's faithful Commons, in the exercise of their undoubted right and privilege, have proceeded to the election of a Speaker, and as the object of their choice he now presents himself at your bar, and submits himself with all , humility to her Majesty's gracious approbation." In reply, the lord chancellor assures him of her Majesty's sense of his sufficiency, and " that her Majesty most fully approves and confirms him as the Speaker." ' Lays claim When the Speaker has been approved, he lays claim, on Speaker's privifeges behalf of the Commons, " by humble petition to her Majesty, 'cammm^ °J *'^^ to all their ancient and undoubted rights and privileges," P""''W Commons. ° '^ S"'"* s^e p_ 57. tion of Mr. Shaw Lefevre, 94 C. J. 274 ; Division List, 27th May, 1839, No. 75. 1 90 0. J. 5; 108 ib. 7; 112 lb. 119; 135 ib. 123; 139 ib. 74 ; 141 ib. 315. ' The present maoe dates from the restoration of Charles II., when a new mace was ordered, 21st May, 1660, 8 0. J. 39. After the death of Charles I., in 1648, a new mace had been made, which was the celebrated " bauble " taken away by CromweU's order, on the 19th April, 1653, and restored on the 8th July of the same year, 6 ib. 166; 7 ib. 282. = 80 L. J. 8 ; 89 ib. 7, &o. It was formerly custdmary for the Speaker elect to declare that he felt the difficulties of his high and ar- duous office, and that, " if it should be her Majesty's pleasure to disap- prove of this choice, her Majesty's faithful Commons will at once select some other member of their house, better qualified to fill the station than himself" (see also p. 155). ELECTION OF SPEAKER. 153 Chapter which being confirmed, the Speaker, with the Commons, ' retires from the bar of the House of Lords. The Speaker thus elected and approved, continues in that Speaker . elected for office during the whole Parliament, unless in the mean time the whole See also he resigns or is removed by death. If the vacancy in the ^^^\^' Speaker, chair is caused by the Speaker's acceptance of office, pro- ^" ■ tracted illness, or death, the Clerk, at the ensuing meeting of the house, announces the death of the Speaker, or reads a letter which the Speaker, stating the cause of his retire- ment, has addressed to the Clerk. Immediately after the announcement has been made, the mace is brought into the house by the Serjeant, and is laid under the table. A member then rises, and, addressing the Clerk, moves the adjournment of the house, who puts the question " by the direction of the house." The Speaker, on other occasions, informs the house of the cause that compels his retirement from the chair.* In the event of a vacancy during the session, similar Vacancy forms are observed in the election and approval of a session. Speaker ; ^ except that, instead of her Majesty's desire being signified by the lord chancellor in the House of Lords, a minister of the Crown, in the Commons, acquaints the house that her Majesty "gives leave to the house to proceed forthwith to the choice of a new Speaker ; " ^ and when the Speaker has been chosen, the same minister acquaints the house that it is her Majesty's pleasure that the house should present their Speaker to-morrow (at an hour stated) in the House of Peers, for her Majesty's royal approbation. Mr. Speaker elect puts the question for adjournment, and when ' 44 C. J. 45 ; 56 ib. 33 ; 57 ib. sideratlon prevented Mr. Speaker 92 ; 72 ib. 306 ; Mr. Speaker Shaw Manners Sutton from vacating his Lefevre, 112 ib. 89; Mr. Speaker seat in order to stand for the TJni- Evelyn Denison, 127 ib. 9; Mr. versity of Cambridge. 1 Court and Speaker Brand, 139 ib. 68. Cabinets of Geo. IV. 394; Lord ' These forms preclude the pro- Colchester's Diary, iii. 260. posal of any member as Speaker ' 94 C. J. 274 ; 127 ib. 23. For during the session, who has not taken probably the earliest instance of the oaths and his seat. See case of proceedings on the death of a Mr. Charles Duudas, proposed by Speaker, see 1 ib. 116 ; 1 Pari. Mr. Sheridan, 11th Feb. 1801, 35 Hist. 811. Pari. Hist. 951. In 1822, this con- 154 SPEAKER OF THE COMMONS. the house adjourns, he leaves the house, without the mace chapter before him. On the following day, the royal approbation '_ is given by the lords commissioners under a commission for that purpose, with the same forms as at the meeting of a new Parliament, except that the claim of privileges is omitted.^ Exceptions The cercmony of receiving the royal permission to elect a forms.'^ Speaker, and the royal approbation of him when elected, has been constantly observed, except during the Civil War, and the Commonwealth, and on three other occasions, when from peculiar circumstances it could not be followed. 1. Previous to the Restoration in 1660, Sir Harbottle Grimston was called to the chair without any authority from Charles II., who had not yet been formally recognized by the Convention Parliament. 2. On the meeting of the Convention Parliament on the 22nd January, 1688, James II. had fled, and the Prince of Orange had not yet been declared king ; when the Commons chose Mr. Henry Powle as Speaker, by their own authority. 3. Mr. Speaker Corn- wall died on the 2nd January, 1789, at which time George III. was mentally incapable of attending to any public duties ; and on the 5th, the house proceeded to the choice of another Speaker, who immediately took his seat, and performed all the duties of his office.^ So strong had been the sense of the Commons, of the necessity of having their choice confirmed, that in 1647, when the king had been delivered up by the Scots, and was under the guard of the Parliament and the army, they resorted to the singular expedient of presenting their Speaker, Mr. Henry Pelham, to the Lords, who signified their approval.^ Royal ap- The Only instance of the royal approbation being refused re7used.°" "^^^ ^^ *^^® °»«® ^^ S''" Edward Seymour, in 1678.* Sir John ' 71 L. J. 308 ; 11 C. J. 272; 94 Life of Lord Sidmouth, 68. ib. 274; 127 ib. 23. On the election ^ g q j j . lo ib. 9 ; 44 ib. 45. of Mr. AddingtoD, in 1789, the king ^ 5 ;],_ 259. 260 ; 5 Clarendon, himself came down to the House of Hist. 462. Lords, to signify his approbation in * 6th March, 1678-70, 4 Pari. Hist. person, 44 C. J. 435 ; 1 Pellew, 1092 ; 6 Grey's Deb. 404, et seq., 424. SPEAKER OF THE COMMONS. 155 Chapter Popham, indeed, had been chosen Speaker in 1449, but his L., excuse (see p. 152, n. 3) being admitted by the king, another was chosen by the Commons in his place ; ^ and Sir Edward Seymour, who knew that it had been determined to take advantage of his excuse, purposely avoided making any, so as not to give the king an opportunity of treating him as his predecessor had been treated in a former reign. The Speaker, on returning from the Lords, reports to the Oatlis iu house his approval by her Majesty, and her confirmation of mons. their privileges, and " repeats his most respectful acknow- ledgments to the house for the high honour tliey have done him." He then puts the house in mind that the first thing to be done is to take and subscribe the oath required by law ; and himself first, alone, standing upon the upper step of the chair, takes and subscribes the oath accordingly ; in which ceremonies he is followed by the other members who are present. On the following day, the daily prayers are read, for the first time, by Mr. Speaker's chaplain ; ^ and Oath, de- mise of the Crown, see p. 167. Prayers, deputy 191. see p. Mr. Parry inadvertently states that Mr. Serjeant Gregory was elected on that day, and rejected by the king (Parliaments and Councils of Eng- land, 586): but the latter was not elected until the 17th, after a short prorogation, by which the contention between the covirt and the Commons, arising out of the disapproval of Sir E. Seymour, had been compromised. ' 1 Hans. Pari. Hist. 385 ; 5 Kot. Pari. 171. The excuse was genuine. Sir J. Popham had been wounded in the wars of the late reigas. See also the case of John Cheyne, Ist Henry IV., 1399, who excused himself on account of illness, after he had been approved by the king, 3 Eot. Pari. 424. ^ In case of the accidental absence of the chaplain, Mr. Speaker reads prayers, as took place 8 th May, 1856, 26th July, 1858, and 31st March, 1860. No entry is made of the occasion in the journal. Both houses of Parliament use the same form of prayer, which was, prepared in 1660 for the House of Lords, and was, presumably, in the absence of direct evidence, adopted, at that time, by the Commons (Memorandum prepared by Mr. Bull, the clerk of the journals). Chaplains, or min- isters, were first appointed " to pray with the house daily," during the Long Parliament, 3 C. J. 865; 7 ib. 366. 424. 595. Before that time prayers had been read by tbe Clerk, and sometimes by the Speaker. On the 23rd March, 1603, prayers " were read by the Clerk of the house (to whose place that service anciently appertains), and one other special prayer, fitly conceived for that time and purpose, was read by Mr. Speaker ; which was not of duty or necessity, though heretofore of late time the like hath been done by other Speakers," 1 C. J. 150. On the 8th June, 1657, there being no min- ister present, and it being uncertain whether the Speaker or Clerk should read prayers, the house proceeded to business without any prayers, 2 Burton, Diary, 191. 156 OATHS. the Speaker, if the necessity arises, counts the house, and Chapter cannot take the chair unless forty members are present ; as . the oath must, by statute, be taken whilst a full House oif^^e! Commons is duly sitting, with their Speaker in his chair.^ see p. 221. The members continue to take the oath on that and the succeeding day, after which the greater part are sworn, and qualified to sit and vote. Oaths The oaths of allegiance, supremacy, and abjuration, were ta™n"'^ formerly prescribed by the statutes 30 Chas. II. stat. 2, the 13 Will. III. c. 6, and 1 Geo. I. stat. 2, c. 13; and were required to be taken by eyery member. By the 10 Geo. IV. c. 7, a special oath was provided for Eoman Catholic One oath members. But by the 21 & 22 Vict. c. 48, one oath ior Tke pariia- for former Protestant members was substituted for the oaths of oath must oaths. allegiance, supremacy, and abjuration ; and by the 29 & 30 l^^^t to Vict. c. 19, a single oath was prescribed for members of all *A«^rao«fce ' ° ^ of Parlia- religious denominations, which, by the 81 & 32 Vict. c. 72, ment, see is now in the following form : — " I do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria, her heirs and successors, according to law. So help me God." Time and Under standing order No. 86, members may take and taking'^the Subscribe the oath, at any time during the sitting of the oath. house, before the orders of the day and notices of motions S. 0.86, ■ P , Appendix, have been entered upon, or after they have been disposed ^' ■ of: but no debate or business can be interrupted for that purpose. Affirma- Members who object to be sworn, may avail themselves of'oath. ""^ of tlie power granted by sect. 1 of the Oaths Act, 1888, which enacts that a solemn affirmation may be made in lieu of an oath by every person who states, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief. ' Certain membors took the oath, the validity of an oath administered 5th June, 1855, while the chair was in the absence of the Speaker. An occupied by the chairman of ways Act was accordingly passed to es- and means, as deputy Speaker, before tablish the legality of the proceeding the arrangement was confirmed by (see p. 191). statute. Doubts were raised as to OATHS. 157 Chapter On the occasion of a member coming to the table to be Right of a sworn, 26th July, 1858, a member rose to speak upon a^^'^J^e'" point of order : but Mr. Speaker Denison maintained " that "**''■ the taking of his seat by a member is a matter of privilege, and ought not to be interrupted by any discussion what- ever." ^ Nor can any appeal be made to obtain the inter- ference of the Speaker (see p. 164) to stay a member from taking the oath on any ground whatever.^ Pursuant to the 6 & 7 Vict. c. 6, and under standing order Oath, No. 16, the oath or affirmation is taken or made by members Lords. of the House of Peers betwixt the hours of nine and five. When the oaths of allegiance and supremacy were re- Refusal to quired, members who refused to take them were adjudged '^ ^ "^ ^' by the house to be disqualified by the statutes from sitting, and new writs were issued in their room. Soon after the Eevolution of 1688, Sir H. Mounson and Lord Fanshaw refused to take the oaths, and were discharged from being members of the house ; and on the 9th January following, Mr. Gholmly, who said he could not yet take the oaths, was committed to the Tower for his contempt.^ But the most remarkable precedent is that of Mr. O'Connell, who had been returned for the county of Clare, in May, 1829, before the passing of the Roman Catholic Relief Act. On the By a oaths being tendered to him by the Clerk, he refused to CatioUc. take the oath of supremacy, and claimed to take the new oath contained in the Roman Catholic Relief Act, 10 Geo. IV. c. 7, which had been substituted for the other oaths, as regards Roman Catholic members to be returned after the passing of the Act. Mr. O'Oonnell was afterwards heard upon his claim : but the house resolved that he was not entitled to sit or vote, unless he took the oath of supremacy. ' 151 H. D. 3 s. 2106. For the variance with the oath he had taken : circumstances which arose on Mr. but the Speaker stated that it was no Bradlaugh's first claim to take the part of his duty to determine what oath, see p. 160. was consistent with that oath, and ^ In one case, an attempt was made that the terms of the motion were not to obtain from a member, who was in violation of any rules of the house, about to bring forward a motion, a 21Q H. D. 3 s. 252. repudiation of statements made else- ' 10 C. J. 131. 328; 5 Pari. Hist, where, which were alleged to be at 254. 158 OATHS. Mr. O'Connell persisted in his refusal to take that oath, and chapter a new writ was issued for the county of Olare.^ ^^^• Jews un- The only legal obstacle which, prior to 1858, prevented a the oaths J^^ from sitting and voting in Parliament, arose from the until 1858. ^orjg^ « „pQ^ ^jjg ^j,yg f^j^j^ Qf ^ Christian," at the end of Baron the oath of abjuration. In 1850, Baron Lionel Nathan de ' Rothschild, who during the two previous sessions had been one of the members for the city of London, but had not taken the oaths and his seat, was admitted to be sworn on the Old Testament, being the form most binding on his conscience. Having taken the oaths of allegiance and supremacy, he proceeded to take the oath of abjuration, but omitted the concluding Vords, " on the true faith of a Christian," "as not binding on his conscience," adding the words, " so help me God ; " whereupon he was directed to withdraw. After debate, the house resolved that he was " not entitled to vote in this house, or to sit in this house during any debate, until he shall take the oath of abjuration, in the form appointed by law." ^ No new writ, however, was issued, as it appeared that the statutes by which the oath of abjuration was appointed to be taken did not attach the penalty of disability to the refusal to take that oath, but solely to the offence of sitting and voting without having taken it.^ Mr. In 1851, Mr. Alderman Salomons, having been returned SaUmon" ^°^ ^^^ borough of Greenwich, pressed his claim even further than Baron Eothschild. He was sworn on the Old Testament, and omitting the words, " upon the true faith of a Christian," in the oath of abjuration, concluded with the words, " so help me God." This omission being reported to the Speaker, he directed Mr. Salomons to withdraw. On a subsequent day, while further proceedings in this case were under discussion, Mr. Alderman Salomons entered the house and took his seat within the bar, which he retained, although ordered by the Speaker and by the house to with- ' 84 0. J. 303. 311. 311 325. 7 ; 6 Geo. UI. c. 53 ; see also Be- ' 29th and 30th July, 5th Aug. port of the Committee on Oaths of 1850, 105 ib. 584. 590. 612. Members, 1850 (268). » 13 Will. III. c. 6; 6 Anne, e. OATHS. 159 Chapter draw, until the Speaker directed the Serjeant to remoye him VII. _ below the bar ; and the Serjeant having placed his hand upon Mr. Salomons, he was conducted below the bar. In the mean time, however, he had not only sat during debates in the house, but had voted in three divisions. In this case, as in the last, the house did not think fit to issue a new writ; but, having refused to hear counsel on the matter, agreed to a resolution in the same form, declaring that he was not entitled to sit or vote.^ The legal validity of this resolution was afterwards established, beyond further ques- tion, by judgments in the Court of Exchequer^ and the Court of Exchequer Chamber.^ After repeated attempts to remove this disability from Admission the Jews by legislation, an Act was at length passed in to Parlia^ 1858, by which it was provided, that either house might ™^°^- resolve that henceforth any person professing the Jewish religion may omit the words, " and I make this declaration on the true faith of a Christian." * And finally, by the 29 & 30 Vict. c. 19, the words, " on the true faith of a Chris- tian," were removed from the form of oath prescribed for the members of the House of Commons. In 1693, John Archdale, a Quaker, having declined to Declaia- take the oaths, " in regard to a principle of his religion," a Quake"'rs new writ was issued in his room.^ But subsequently to *"'• that case, several statutes permitting Quakers to make afiSrmations instead of oaths were passed ; ^ and upon a general construction of these statutes, in 1833, Mr. Pease, a Quaker, was admitted to sit and vote, upon making affir- mation to the effect of the oaths directed to be taken at the table.' This privilege was extended by various Acts, not 1 18th and 21st July, 1851, 106 0. hearing, 147 H. D. 3 s. 108. J. 372. 373. 381. 407. * Proceedings on admission of the ' Miller v. Salomons, 19th April, Barons de Rothschild, 113 0. J. 345; 1852, Law Journ. vol. 21, n. s. p. 114 ib. 59. 192. 160 ; 7 Exch. Reports, 475. = 12 0. J. 386. 388. = Salomons v. Miller, 11th May, " 6 Anne, c. 23; 1 Geo. I. st. 2, c. 1853,Law Journ. vol. 22, n. s. p. 169; 6 and c. 13; 8 Geo. I. o. 6; 22 8 Exch. Rep. 778. A writ of error Geo. II. c. 46. was lodged in the House of Lords, ' 88 C. J. 41. See also report of but the parties did not apply for a the committee on his case, 1833 (6). 160 OATHS. only to Quakers, but also to Moravians and Separatists ; ^ Chapter VIL and now by the Oaths Act, 1888, the right to substitute an affirmation for an oath is conferred, not only on those who entertain a religious objection to an oath, but also to those who assert that they have no religious belief (see p. 156). Mr. Brad- On the 3rd May, 1880, Mr. Bradlaugh, member for affirma- Northampton, claimed to make the affirmation by virtue of tion, 1880. t]je Evidence Amendment Acts, 1869 and 1870. A select committee appointed to consider this claim reported that persons entitled, under these Acts, to make a declaration in courts of justice cannot be admitted to make an affirmation or declaration in the House of Commons. After this decision, Mr. Bradlaugh, on the 21st May, came to the table to take the oath ; but this being objected to, on the ground of his claim to make an affirmation, which implied that an oath would have no binding effect on his conscience, a select committee was appointed to consider the matter.^ The committee reported that " the house can, and, in the opinion of the committee, ought to prevent Mr. Bradlaugh going through the form " of taking the oath ; though they recommended that he should be allowed to make the affirmation, subject to its legality being tested in a court of justice.* In accordance with this report, a motion was made, on the 21st June, to admit Mr. Bradlaugh to make an affirmation; to which, however, an amendment was made, that, having regard to the reports of two select com- mittees, he be not permitted to take the oath or make the affirmation.* Being now refused either the oath or affirmation, Mr. Bradlaugh again came to the table, on the 23rd June, and claimed to take the oath. On being formally acquainted with the recent resolution of the house, he desired to be heard upon his claim ; and the house having resolved that ' 3 & 4 Will. IV. c. 49 ; 1 & 2 » Report (226, sess. 2). Vict. c. 77 ; 3 & 4 Will. IV. o. 82 ; • 135 0. J. 228. 234. This ro- 29 & 30 Vict. c. 19 ; 31 & 32 Vict. solution was, by order of the house, c. 72. 27th Jan. 1891, expunged from the ' 135 C. J. 124. 137 1 Report (159, journal (see p. 198), 146 C. J. 45. eese. 2). OATHS. 161 Chapter he be heard at the bar, he was heard accordingly, and with- '. — drew. When afterwards informed, by Mr. Speaker, that the house had made no further order concerning his claim, and directed him to withdraw, Mr. Bradlaugh insisted upon his right, as a duly-elected member, to take the oath and his seat, and refused to withdraw. The house ordered his withdrawal, but he refused to obey the order ; and upon a direction given by the Speaker, the Serjeant placing his hand upon Mr. Bradlaugh, conducted him below the bar. Mr. Bradlaugh, however, again advanced within the bar, asserting his determination to resist the order of the house, and he was committed to the custody of the Serjeant.^ On the following day Mr. Bradlaugh was discharged. On the Ist July, standing order No. 87 was passed, which s. 0. 87, allows a member claiming to be a person, for the time being, p. §36. ' permitted to make an affirmation, to make it without question, subject to any liability by statute, and under this order, on the 2nd July, Mr. Bradlaugh took his seat : but Mr. Biad- upon an action for penalties, the High Court of Justice ^^^f^ ^^ggj adjudged that Mr. Bradlaugh had not qualified himself to sit by taking the affirmation, and this judgment was affirmed by the Court of Appeal.^ Having already sat and voted, his seat was vacant, unless the judgment should be reversed by the House of Lords ; and, without awaiting further steps in the suit, he agreed to the issue of a new writ, because by his action he had vacated his seat.^ Being returned a second time, he came to the table, on the 26th April, to take the oath ; and henceforward, until the close of the Parliament, November, 1885, the house enforced the decisions expressed by the two select committees who had considered Mr. Bradlaugh's claim first to take an affirmation, and then to take the oath (see p. 160) ; and whenever Mr. Bradlaugh came to the table, time after time. to assert his right to take his seat, the house determined, ■ 135 0. J. 235. 9th April, 1883, that, under the '7 Q. B. D. 39-61 ; 50 Law statute creating the penalty, the Journ. 342. Crown alone could maintain a suit M36 C. J. 171. Upon appeal to for its recovery. Law Reports, the Lords, he obtained ju'lgment, Appeal Cases, viii. 385. P. M VII, 162 OATHS. by repeated resolutions, that lie be not permitted to take chapter either the oath or an affirmation.^ Mr. Bradlaugh, on the other hand, sought by every means in his power to resist the action taken by the house. He insisted on his right to take the oath and his seat, by pre- senting himself at the table for that purpose, though not called up by the Speaker,^ by refusing to obey the directions given from the chair, and the orders of the house, that he should withdraw below the bar, pursuant to the resolutions of the house. He thus asserted his determination to refuse obedience to the orders of the house, and to resist by force the methods used to maintain those orders. The house, in consequence, ordered the Serjeant to remove Mr. Bradlaugh from the house until he undertook to create no further dis- turbance.^ On one occasion, by the direction of the Speaker, with the subsequent approval of the house, Mr. Bradlaugh was conducted by the Serjeant beyond the precincts of the house ; * and Mr. Bradlaugh was subsequently expelled (see p. 54). Mr. Bradlaugh also sought to test the validity of his ex- clusion from a seat in the house, by bringing an action against the deputy Seijeant for an assault, and another action against the Serjeant (see p. 141). And on two occa- sions, Mr. Bradlaugh suddenly advanced to the table, and read from a paper in his hand the words of the oath, and, having kissed a copy of the New Testament which he had brought with him, signed the paper, leaving the paper and the copy of the New Testament on the table.^ The legal result of Mr. ' 26th April, 10th May, 4th July, Bradlaugh was not permitted to 1881, 136 C. J. 198. 227. 426; 7th enter the door of the house, but Feb., 6th March, 1882, 137 ib. 3. had access to all other parts of the 87; 4th May, 9th July, 1883, 138 building. ib. 184. 332; 11th and 21st Feb. ♦ 186 C. J. 426; 264 H. D. 3 s. 1884; 139 ib. 40. 63; 6th July, 695. 1885, 140 ib. 289. Mr. Bradlaugh » 21st Feb. 1882, 137 0. J. 59. was heard at the bar, on the 26th 61; llth Feb. 1884, 139 lb. 40. April, 1881, 7th Feb. 1882, and 4th On 7th March, 1882, the Speaker May, 1883. stated that, having regard to the re- ^ 267 H. D. 3 s. 390. solution of the house, if an attempt ' 10th May, 1881, 136 0. J. 227. was made to introduce Mr. Brad- Under this order for exclusion, Mr. laugh, he was bound not to call upon OATHS. 163 Chapter Bradlaugh's conduct was not, on the first occasion, subjected '■ — to the decision of a court of justice.^ On the 11th February, 1884, however, he voted twice during the proceedings caused by the course that he had taken ; and an action was brought against him by the Grown, to enforce the penalty consequent Attorncy- Penaiiies Upon the vote of an unsworn member.^ The Court of Appeal Iradkn^ii taking the decided, 28th January, 1885, that the parliamentary " oath ontt, see p. mygt bg taken by a member, with the assent of the house, according to the requirements of the standing orders, and after he has been called upon by the Speaker to be sworn." The court also decided that a member of Parliament who does not believe in the existence of a Supreme Being, and upon whom an oath has no binding effect as an oath, but only as a solemn promise, is, owing to his want of religious belief, incapable by law of making and subscribing the parliamentary oath ; and that if he took his seat and voted as a member, although he has gone through the form of making and subscribing the oath appointed by those statutes, he would be liable, upon information at the suit of the attorney-general, to the penalty imposed by the Parlia- mentary Oaths Act, 1866, s. 5.^ mgit of a On the opening of the new Parliament, 13th January, TakfhV 1886, the Speaker, directly after he had taken the oath, seat, see p. informed the house that he had received an appeal, in the form of letters addressed to him by several members, sug- gesting that the oath should not be administered to Mr. Bradlaugh until the house had expressed an opinion on the matter, in consequence of the decision by the Court of Appeal, that Mr. Bradlaugh was incapable of taking an oath. The Speaker then stated that no case had been cited showing that a Speaker had, in the administration of the parliamentary oath, taken upon himself original and inde- pendent authority. If the Speaker had intervened in the him to come to the table, 267 H. T>. 1882. 3 s. 390. ' 12th Feb. 1884, the ChiUern ' A friendly suit was not tried to Hundreds granted to Mr. Bradlaugh test the legality of this act, as, in the (see p. 608). judgment of the court, the pleadings ' Law Eeports, 1885, part t. p. were collusive. Gurney v. Bradlaugh, 667; 14 Q. B. D. 101. 164 OATHS. matter, it was in consequence of the action of the house, Chapter based on something that had occurred during that Parlia- ;_ ment. On this occasion, however, the Speaker reminded the house that they had met as a new Parliament. He knew nothing of the resolutions of the past; those reso- lutions had lapsed, and were of no effect. It was the right, the Speaker stated, the legal, statutable obligation, of members when returned to this house, to come to the table and . take the oath prescribed by statute ; and that if a member came to the table, and offered to take the oath, the Speaker knew of no right whatever to intervene be- tween the member and the performance of a legal and statutable duty ; and that it would be his duty neither to prohibit Mr. Bradlaugh from coming, nor to permit a motion to be made standing between him and his taking the oath.^ Omission By the 30 Chas. II. stat. 2, 13 Will. III. c. 6, and 1 Geo. oauTs ^ * " !• stat. 2, 0. 13, severe penalties and disabilities were inflicted Penalties, upon any member of either house who sat or voted without having taken the oaths. By the 29 & 30 Vict. c. 19, any peer voting by himself or his proxy, or sitting in the House of Peers without having taken the oath, is subject, for every such offence, to a penalty of 500Z. ; and any member of the House of Commons who votes as such, or sits during any debate after the Speaker has been chosen, without having taken the oath, is subject to the same penalty, and his seat is also vacated in the same manner as if he were dead. When members have neglected to take the oaths from haste, accident, or inadvertence, it has been usual to pass Acts of indemnity, to relieve them from the consequences of their neglect.^ In the Commons, however, it is neces- Exception sary to move a new writ immediately the omission is ^^ j^,-""" discovered, as the member's seat is vacated.^ Salomms, see p. 15". > 141 0. J. 5; 302 H. D. 3 s. 21. ' 45 Geo. III. c. 5 (Lord J. Thynne) ; On 9th March, 1882, the Speaker 56 Geo. III. o. 48 (Earl Gower); 1 stated that to object to any member Will. IV. o. 8 (Lord E. Grosvenoi); taking the oath except on grounds 5 Vict. o. 3 (Earl of Scarborough) ; public or notorious, or within the Lord Plunket, 1880. cognizance of the house, would be ' 60 0. J. 148 ; 67 ib. 286 ; 69 ib. simply vexatious, 267 H. D. 3 s. 442. 144 ; 71 ib. 42 ; 86 ib. 353. In Mr. OATHS. 165 Chapter But although a member may not sit and vote until he has Members taken the oath, he may vacate his seat by the acceptance privileges" Acceptance of the Chiltern Hundreds, and is entitled to all the other ^^^"'^^ ^^^7 of the . . , ^^^ sworn. Chiltern privileges of a member, being regarded, both by the house see'p'^eos ^^^ ^y *'^® laws, as qualified to serve, until some other dis- qualification has been shown to exist. Thus, on the 13th April, 1715, it was resolved " that Sir Joseph Jekyll was Anunsworn Capable of being chosen of a committee of secrecy, though may not ^^ had Dot been sworn at the Clerk's table." ^ On the 11th ^Sn" ^"^y' ^^^^> acting upon this precedent, the house added see p. 501. Barou Rothschild, who had then continued a member for eleven years without having taken the oaths, to the com- mittee appointed to draw up reasons to be offered to the Lords for disagreeing to the Lords' amendments to the Oaths Bill,^ at a conference of which he was appointed one of the managers.8 On the 11th May, 1880, Mr. Bright, who had not yet made his affirmation, was appointed a member of the Parliamentary Oath Committee, upon which he served and voted, before he had made his affirmation. It is usual for members who have not yet taken the oaths, to sit below the bar ; * and care must be taken that they do not, inadvertently, take a seat within the bar, by which they would render themselves liable to the penalties and disqualifications imposed by the statute. At the beginning of a Parliament, the Eeturn Book, Certificate received from the clerk of the Crown (see p. 146), is suf-° *''^'"™- ficient evidence of the return of a member, and the oaths are at once administered. If a member be elected after a general election, the clerk of the Crown sends to the Clerk of the house a certificate of the return received in the Crown Office ; ® and the member must obtain a certificate Bradlaugh's case (see p. 161), he was was taken that strangers were present, allowed to accept the Chiltern Hun- Baron Bothschild retained hia seat dreds (see p. 608). below the bar, although he had not ' 18 C. J. 59 ; Chandler's Debates ; taken the oath ; and Mr. Bradlaugh 7 Pari. Hist. 57; 2 Hatsell, 88, n. was present below the bar, during ' 113 C. J. 167; 150 H. D. 3 s. many divisions, while forbidden to 386. 430. take the oath. ' 113 C. J. 162. ' During the session of 1889, the * When, 18th May, 1849, notice return of a member for Kennington, 166 OATHS. from the Public Bill Office of the receipt of that certificate Chapter for production at the table, before the Clerk of the house '_ will administer the oath. The neglect of this rule in 1848 gave rise to doubts as to the validity of the 9aths taken by a member, Mr. Hawes was elected for Kinsale on the 11th March ; on the 15th, he was sworn at the table : Irregulm-i- T T n 1 /~i ^'^^ regard- hut his return was not received by the clerk oi the Crown ing returns, until the 18th; and it was questioned whether the oaths g^j^'^" P' which he had taken before the receipt of the return, had been duly taken. A committee was appointed to inquire into the matter, who reported that the non-return of the indenture to the Crown Office cannot affect the validity of the election, nor the right of a person duly elected, to be held a member of the house.-^ The committee, at the same time, recommended a strict adherence to the practice of requiring the production of the usual certificate. On the 10th May, 1858, Baron Eothschild having been returned upon a new writ, and not having brought up the certificate of his return, the certificate from the clerk of the Crown was ordered to be read, before a motion was made for adding Baron Eothschild to a committee.^ Subsciip- So soon as a member has been sworn, or has made his Mth or affirmation, he subscribes at the table the " test-roll," which affirmation, jg ^ j.q\\ of parchment folded into the shape of a book, headed by the oath or affirmation which he has taken or made ; and the member is then introduced to the Speaker by the Clerk of the house. yr^^^ Members returned upon new writs issued after the general members election, take the oath or make their affirmation in the sworn after general same manner; and, under the resolution of the 2.3rd February, 1688, " in compliance with an ancient order and on Friday, 15th March, was not de- clerk of the Crown the oiroumstanoes See, when livered at the Crown Office until the of the case, and that action should «" return is following Monday evening at nine be taken thereon, if necessary. The ^, ' P' o'clock. On the meeting of the delay in the delivery of the return house on Monday, notice was taken had arisen in the post-ofSoe ; and the that the return was not in the member took the oath during a sub- hands of the clerk of the Crown ; sequent sitting, 334 H. D. 3 s. 53. and the Speaker informed the house ' Pari. Paper, sess. 1848, No. 256. that he would ascertain from the ^ 113 0. J. 162. THE queen's speech. 167 Chapter custom, thev are introduced to the table between two VII. members, making tlieir obeisances as they go up, that they may be the better known to the house : " ^ but this practice is not observed in regard to members who, having been chosen at a general election, have established their claim to • a seat by an election petition ; ^ for they are supposed to Members hare been returned at the beginning of the Parliament, pe^'t? °" when no such introduction is customary. Another difference of form is to be remarked, in reference to new members, and members seated on petition, when coming to be sworn. The former not being in the original Return Book, must bring with them, as already stated, a certificate of their return from the clerk of the Crown : but the latter having become members by the adjudication of an election judge, the clerk of the Crown amends the return by order of the house (see p. 620) ; and he does not certify to the house the return of such members. In the event of the demise of the Crown, all the members Demise of of both houses again take the oath.^ ^^^ Crown. To return to the ordinary business of the session. When Queen's the greater part of the members of both houses are sworn, ^P^^<='>- the causes of summons are declared by her Majesty in person, or by commission. This proceeding is the com- mencement of the session; and in every session but the first of a Parliament, as there is no election of a Speaker, nor any general swearing of members, the session is opened at once by the Queen's speech, without any preliminary proceedings in either house. Both houses usually meet at Reassembly two o'clock in the aftemoon. In the Commons, prayers are Commons ^^^^ before the Queen's speech, but in the Lords usually at four jjot until their second meeting, later in the afternoon.* The clock, ° see p. 170. ' 10 0. J. 34. 18th Feb. 1874, pensed with, on this occasion. 130 Dr. Kenealy, a new member, came to C. J. 52 ; 222 H, D. 3 s. 486. the table to be sworn, without the ''■ 2 Hatsell, 85, «. introduction by two members. The ^ 6 Anne, o. 7 ; 37 Geo. III. o. 137 ; Speaker acquainted him with the 92 C. J. 490, &c. order of the house, and, refusing to * When a prince of the blood is to hear any comments from him, directed be introduced, prayers are said before him to withdraw ; whereupon the the arrival of her Majesty. house resolved that the order be dis- 168 THE queen's speech. Speaker, after prayers, sits in the Clerk's chair until Blact chapter Eod approaches the door, when he proceeds to his own chair '_ to receive him. This form is observed, because no business can be commenced until Parliament has been opened by the Crown. In case a quorum was not present, the message from the Crown would make a house (see p. 224). When the Queen meets Parliament in person, she pro- ceeds in state to the House of Lords, where, seated on the throne, adorned with her crown and regal ornaments, and attended by her officers of state, the Prince of Wales (in his robes) sitting in his chair on her Majesty's right hand (all the lords being in their robes, and standing until her Majesty desires them to be seated), she commands the gentleman usher of the Black Eod, through the lord great chamberlain, to let the Commons know " it is her Majesty's pleasure they attend her immediately, in this house," The usher of the Black Eod goes at once to the door of the House of Commons, which he strikes three times with his rod ; and, on being admitted, he advances up the middle of the house towards the table, making three obeisances to the chair, and says, " Mr. Speaker, the Queen commands this honourable house to attend her Majesty immediately in the House of Peers." He then withdraws, still making obei- sances ; nor does he turn his back upon the house, until he has reached the bar. The Speaker, with the house, immedi- ately goes up to the bar of the House of Peers ; ^ upon which the Queen reads her speech to both houses of Par- liament, which is delivered into her hands by the lord chancellor, kneeling upon one knee. When the Queen met Parliament in person, on every occasion since the year 1866, the form of these proceedings was so far changed that her Majesty's speech, instead of being delivered by herself, was read by her chancellor, taking directions from her Majesty.^ This was no more, ' If deemed expedient, the pre- in pursuance of resolutions, 7tli Aug. cedence of members in going to the 1851, 106 C. J. 443. 445. House of Lords on the opening and ' In 1871, 1876, 1877, 1880, and prorogation of Parliament by her 1886, 118 L. J. 15; 141 0. J. 8. Majesty, can be determined by ballot. mission. THE queen's speech. 169 Chapter indeed, than tlie revival of an ancient custom, there being VII ' numerous precedents of the lord chancellor or lord keeper addressing both houses, in the presence of a sovereign, and by his command. Henry VIIL, proud as he was of his royal state and personal accomplishments, always entrusted to his chancellor the task of addressing the Parliaments assembled in his presence. On the 9th November, 1605, the chancellor made a speech concerning the recent plot, in the presence of James I. Charles I. also made his chancellors, and sometimes other councillors, his spokes- men. And the same practice was pursued by Charles II. But the example exactly followed by her Majesty was that of George I., throughout whose reign the royal speech was delivered by the chancellor.^ When her Majesty is not personally present, the causes By com- of summons are declared by the lords commissioners. The usher of the Black Eod is sent, in the same manner, to the Commons, and acquaints the Speaker that the lords com- missioners desire the immediate attendance of this honour- able house in the House of Peers, to hear the commission read ; ^ and when the Speaker and the house have reached the bar of the House of Peers, the lord chancellor reads the royal speech to both houses. Until the end of the session of 1867, the lords commissioners' speech was framed as proceeding from themselves; and her Majesty's name was used throughout in the third person. But on that and subsequent occasions, the speech has been that of the Queen herself, in the first person, and delivered by the lord chancellor, or one of the commissioners,^ by her command. When the speech has been delivered, either by her Majesty in person, or by commission, the House of Lords is adjourned during pleasure. The Commons retire from the bar, and, '. See especially 21st Jan. 1599, the usher of the Black Kod of the 1 L. J. 3; 8th June, 1536, ib. 84; word " require," the proper form was 6th Jan. 1541, ib. 164 ; 2 ib. 357 ; 3 explained from the chair, 251 H. D. ib. 435. 470. 637; 11 ib. 240. 684; 3s. 1221. 12 ib. 287. 652 ; 21st March, 1714, ' 97 L. J. 639. At the prorogation, 20 ib. 22, &c. 10th Aug. 1872, the lord chaucellpr's " On the 19th May, 1880, attention sight being impaired, the speech was being drawn to inadvertent use by read by Earl Granville. 170 ADDRESS IN ANSIVBE. Report of Queen's speech. Bill read pro forma. Sessional orders, &c. Appendix, p. 837. Address. returning to their own house, pass through it, the naace Chapter being placed upon the table by the Serjeant, and the house '. — reassembles at four o'clock. When the houses are resumed in the afternoon, the main business is for the lord chancellor in the Lords, and the Speaker in the Commons, to report her Majesty's speech. In the former house, the speech is read by the lord chan- cellor, and in the latter by the Speaker, who states that, for greater accuracy, he had obtained a copy. But before this is done, it is tne practice, in both houses, to read some bill a first time fro forma, in order to assert their right of de- liberating, without reference to the immediate cause of sum- mons. This practice, in the Lords, is enjoined by standing order No. 2. In the Commons, the same form is observed pursuant to ancient custom.^ In the Commons, other business is constantly entered upon before the reading of the bill, as the issue of new writs, the consideration of matters of privi- lege,^ the presentation of papers, and the usual sessional ' orders and resolutions. No petitions are presented ; though questions may be asked of the ministers, generally relating to the business of the house, to urgent matters in foreign affairs, or recent action taken by the government.^ In 1794, Mr. Sheridan raised a debate upon the first reading of this bill, and the Speaker decided that he was in order : * but such a proceeding is prohibited by standing order No. 31. When the royal speech has been read, an address in answer thereto is moved in both houses. Two members in each house are selected by the administration for moving and seconding the address ; and they appear, in their places, » Eeaolved, 22nd March, 1603, " That the first day of every sitting, in every Parliament, some one bill, and no more, receiveth a first reading for form sake," 1 0. J. 150 ; see also 1 ib. 47. =i 95 ib. 4; Mr. T. Healy's im- prisonment, 1883, 138 ib. 4; the letter termed " the forged letter " (Mr. Parnell), 145 ib. 7 ; Mr. Brad- laugh's affirmation, 3rd May, 1880, 135 ib. 124 ; and his oath, 7th Feb. 1882, 137 ib. 3. See also proceed- ings on the opening of the session, in 1763, relative to the reading of the bill before the consideration of the question of privilege arising out of the North Briton, No. 45, 15 Pari. Hist. 1354. ' 284 H. X). 3 s. 39 ; 293 ib. 571. 58; 341 ib, 41. * 31 Pari. Hist. 994. ADDRESS IN AKSWER. 171 Chapter in levee dress, for that purpose. The form of the address used to be an answer, paragraph by paragraph, to the address for Q^^en's Speech. In both Lords and Commons, since the presenta- commencement of session 1890-91, the answer to the royal tion, see p. ' .i 428. speech has been moved in the form of a single resolution, expressing their thanks to her Majesty for the most gracious speech which she had addressed to both houses of Parlia- ment. Amendments to the address, drawn in this manner, are moved by way of addition thereto; and the Speaker decided, session 1893, that the arrangement of the amend- ments upon the notice paper should follow, as far as pos- sible, the order in which the subjects touched by the amendments stand in the speech from the throne.^ The transaction of public business is carried on whilst the proceedings on the address are in progress. Bills are in- troduced, committees are appointed, and, in session 1884, debate on the address was adjourned from day to day, unresumed, whilst a motion of censure on the government, Procedure regarding '^Events in the Soudan," was under consideration.^ "anTways After the address has been agreed to, it is ordered to be "^^'^ '"^^2'^' presented to her Majesty. When the speech has been Preseuta- delivered by the Queen in person, and she remains in town, ^^^l Procedure the address is presented by the whole house : but when it Tresses pre-^^^ been read by the lords commissioners, or the Queen is sentedto the jn the Country, the address of the upper house is presented sovereign . hy Pariia- " by the lords with white staves ; " ^ and the address of the p. 429. Commons by "such members of the house as are of her Majesty's most honourable privy council." * When the ad- ' Since 1861, the appointment of sion of condolence on the death of ■a. committee to prepare the address H.E.H. the Duke of Clarence, 147 has been discontinued in the House ib. 10; 1 Pari. Deb. 4 s. 13. In of Lords. The committee formerly 1812, the address was moved as an appointed in the Commons, to " draw amendment to a qjiestion for an ad- up" an address, has been discon- dress proposed by Sir F. Burdett, tinned since Feb. 1888, pursuant to 21 H. D. 18. 34. standing order No. 9 (see Appen- ' 139 0. J. 46-59. dix, p. 825), as the address is moved " Of the royal household, in a form suitable for presentation, ^ On the 22nd Jan. 1806, an ad- 146 C. J. 7. The resolution was, in dress, in answer to a, speech of the session 1892, accompanied, both in lords commissioners, on the battle Lords and Commons, by an expres- of Trafalgar, and the death of Nel- ress. 172 PLACES OF PEEKS. Presented dress is to be presented by the whole house, the " lords with chapter by the whole house. Places in the House of Lords. white staves " in the one house, and the priyy councillors . in the other, are ordered " humbly to know her Majesty's pleasure when she will be attended " with the address. Each house meets when it is understood that this ceremony will take place, and, after her Majesty's pleasure has been reported,'- proceeds separately to the palace; and care must be taken to make a house at the proper time, to receive the communication of her Majesty's pleasure.^ If before the presentation of the address, by the whole house, any circumstance should be communicated which would make it inconvenient for her Majesty to receive the house, the address is presented by the " lords with white staves " and privy councillors, as was done on the 3rd February, 1844.^ The procedure upon the reception of the sovereign's answer to an address by Parliament is described more fully on p. 430.* In the upper house, under standing order No. 4, "the lords are to sit in the same order as is prescribed by the Act of Parliament, except that the lord chancellor sitteth on the woolsack as Speaker to the house." ^ But this order is not usually observed with any strictness. The bishops VII. son, was presented by the whole house. » TIL. J. 10; 96 0. J. 11; 101 ib. 10; 111 ib. 184, &o. * From a neglect of this precaution, 6th Feb. 1845, her Majesty was kept waiting by the Commons for upwards of half an hour. = 99 C. J. 12 ; and again, 1869, 124 ib. 32. 37. 42. * Her Majesty's answer to the ad- dress, 10th June, 1859, which con- tained the paragraph, added by way of amendment, afBrming that her Majesty's then present advisers did not possess the confidence of the House of Commons, stated that her Majesty had thereupon taken mea- sures for the formation of a new administration, 114 C. J. 219. On the occasion when, 11th Aug. 1892, a paragraph similar in form was added to the address, the usual order was made for the presentation of the ad- dress; but no answer from her Majesty was presented to the house. When, 26th Jan. 1886, an amendment which occasioned a change of admini- stration was added to the address, her Majesty's answer was of a wholly formal character, 141 C. J. 57. ' By 31 Hen. VIII. c. 10, the pre- cedence of princes of the blood royal, and of the bishops, peers, and high oflScers of state, is defined. See also 1 Will. & Mary, c. 21, ». 2 ; 5 Ann. u. 8 ; 10 Ann. c. 4. Eeport from the committee of privileges on the place H.R.H. the Duke of Clarence and Avondale should occupy in the house, 122 L. J. 361. PLACES IN THE COMMONS. 173 Chapter always sit together in the upper part of the house, on the . right hand of the throne : but the lords temporal are too ^n^ds^ much distributed by their offices, by political divisions, and spiritual in by the part they take in debate, to be able to sit according see p. 5, ' to their rank and precedence. The members of the ad- n. 4. ministration sit on the front bench, on the right hand of the woolsack, adjoining the bishops ; and the peers who usually vote with them occupy the other benches on that side of the house. The peers in opposition are ranged on the opposite side of the house ; while many who desire to main- tain a political neutrality sit upon the cross benches which are placed between the table and the bar.^ If the eldest son of a peer be summoned to Parliament by Ancient the style of an ancient barony held by his father, he takes ^'°'"^^' precedence amongst the peers according to the antiquity of his barony ; whereas, if he be created by patent a baron, by a new style or title, he ranks as a junior baron.^ In the Commons no place is allotted to any member : but Places by custom the front bench, on the right hand of the chair, commons. called the Treasury, or privy councillors' bench, is appro- priated for the members of the administration. The front bench on the opposite side, though other members occasion- ally sit there, is reserved for the leading members of the opposition who have served in offices of state. And on the opening x>i a new Parliament, the members for the city of London claim, and generally exercise, the privilege of sitting on the Treasury, or privy councillors' bench.^ It is not uncommon for old members, who are constantly in the habit of attending in one place, to be allowed to occupy it without disturbance. Members who enjoy no place by usage or courtesy, except Secured at members serving on select committees, must, pursuant to^'^''^/^' standing orders Nos. 84 and 85, be present at prayers if they Appendix, ' The standing order was enforced, summoned by writ, and sat as premier 20th Jan. 1640, 10th Feb. 1640, and baron, West, Inq. 49 ; and Lord Stan- 1st Feb. 1771 ; 25 L. J. 572. 593 ; 33 ley, in 1845, 77 L. J. 18. ib. 47 ; see also 69 H, D. 3 s. 1806. ' Members tlianked by the house, ^ Baron Mowbray, eldest son of the by courtesy retain their seats, 2 Hat- Duke of Norfolk, 32 Clms. II., was sell, 94. 174 PLACES IN THE COMMONS. desire to secure a seat until the rising of the house; nor Chapter may a member's name be affixed to a seat in the house L_ ment. before the hour of prayers.^ Attempts to secure a seat, by placing cards on the seats before prayers, were prevented by order of the Speaker to the Serjeant.^ But under rule No. 50, a member, who remains within the precincts of the Suies, house, may leave his hat upon a seat, in order to indicate ^„^ 5*0 ' his intention of acquiring a right to the seat by a subsequent attendance at prayers ; ^ and pursuant to resolution, 23rd Seats of March, 1888, a member serving on a select committee, "rving'^ou whilst in attendance on the committee, may, without being select com- present at prayers, retain a seat in the house by affixing thereto a card, which is delivered to him for that purpose on his application. No seat can be secured by a card, paper, or gloves, placed thereon, except as a matter of courtesy, and not of right.* Sf.„ia^ Every member of the Parliament is under a constitutional of Pallia- obligation to attend the service of the house to which he belongs. A member of the upper house has the privilege of serving by proxy, by virtue of a royal licence which authorizes him to be personally absent, and to appoint another lord of Parliament as his proxy : but since 1868, the use of this privilege has been discontinued (see p. 350). In the House of Commons, the personal service of every member is required. By the 5 Rich. II. c. 4, " if any person summoned obligation to Parliament do absent himself, and come not at the said "-^ "''^'^" GtitC6j S66 p. summons (except he may reasonably and honestly excuse i^^. himself to our lord the king), he shall be amerced, or other- wise punished according as of old times hath been used to be done within the said realm, in the said case." And by an Act, 6 Hen. VIII. c. 16, it was declared that no member should absent himself " without the licence of the Speaker ' Oaida, with the words, " at ' 20th April, 1866, 182 H. D. 3 s. prayers," printed on them, are upon 1765. the table, to receive the names of ' See 20th June, 1867, 188 lb. 163 ; members seeking to secure their 2nd April, 1868, 191 ib. 698 ; 26th seats, pursuant to the standing orders, Jan. 1886, 302 ib. 4:27. by placing the card in the receptacle * 62 H. D. 3 s. 489 ; 252 ib. 1200. on the back of the seat. ATTENDANCE OF MBMBEES. 175 Chapter and Commons, which licence was ordered to be entered of VII ' record in the book of the Clerk of the Parliaments appointed for the Commons' house." The penalty upon a member for absence was the forfeiture of his wages ; and although that penalty is no longer applicable, the legislative declaration of the duty of a member remains upon the statute-book. In 1554, informations were filed in the Court of Queen's Bench against several members who had seceded from Par- liament, of whom six submitted to fines. And numerous orders are to be found in the journals, for summoning absent members to attend the service of the house.^ On ordinary occasions, however, the attendance of Attendai\ce members upon their service in Parliament is not enforced beis. by the house : but when any special business is about to be undertaken, means have been taken to secure their presence. In the upper house, a method formerly in use for Lords obtaining a larger attendance than usual, was to order the ^^■"'"°"'^'^- lords to be summoned ; upon which a notice is sent to each lord who is known to be in town, to acquaint him " that all the lords are summoned to attend the service of the house " on a particular day. No notice is taken of the absence of lords who do not appear : but the name of every lord who is present during the sitting of the house, is taken down each day by the Clerk of the house, and entered in the journal. When any urgent business was deemed to require the Caii of the attendance of the lords, under a usage now in abeyance, an l°X "^ order was made that the house be called over; and this order has been enforced by fines and imprisonment upon absent lords. On some occasions the lord chancellor has addressed letters to all the peers, desiring their attendance, as on the illness of George the Third, 1st November, 1810.^ The most important occasion on which the house was called ' 1 Pari. Hist. 625 ; 15th Aug. 1643, the cases in which this order has 3 C. J. 206; 6th Feb. 1688, 10 ib. been enforced, and the Tarious modes 20 ; 15th March, 1715, 18 ib. 401 ; of enforcement, aie collected in the 17th Dec. 1783, 39 ib. 841 ; 18th 53rd volume of the Lords' Journals, April, 1785, &c. p. 356, et seq. ; 18 H, D. 1. ' 16 L. J. 16. 26. 31. 40, &c. All 176 ATTENDANCE OF MEMBERS. over in modern times, was in 1820, when the bill for the chapter VII degradation of Queen Caroline was pending ; and by a !_ resolution of the house, fines and imprisonment were imposed on such lords as should not attend the sittings of the house.^ Order in The lords Were accordingly called over by the Clerk on peers are each day during the pendency of that bill, beginning, ''^^^^^- according to ancient custom, with the junior baron. The custom of beginning with the junior baron applies to every occasion upon which the whole house is called over for any purpose, within the house, or for the purpose of proceeding to Westminster Hall, or upon any public solemnity. But when the house appoints a select committee, the lords appointed to serve upon it are named in the order of their rank, beginning with the highest ; and in the same manner, when a committee is sent to a conference with the Commons, the lord highest in rank is called first, and the other lords follow in the order of their rank. Call of the When the House of Commons is ordered to be called over. Commons ^^ ^^ usual to name a day which will enable the members to attend from all parts of the country, the interval between the order and the call varying from one day to six weeks.^ If it be intended to enforce the call, not "less than a week or ten days should intervene between the order and the day named for the call. The order for the house to be called over is accompanied by a resolution, " that such members as shall not then attend, be sent for, in custody of the Serjeant- at-arms." ^ On the day appointed for the call, the order of the day is read and is dealt with at the pleasure of the Order in house. If proceeded with, the names are called over from which ^^ Eeturn Book, according to the counties, which are names are » o ' called. arranged alphabetically. The members for a county are called first, and then the members for every city or borough within that county.* The counties in England and Wales • 53 L. J. 364. attend. 'i 77 0. J. 101; 87ib. 311. 'Who ia senior member for a " 12 lb. 552; 16 ib. 565; 17 ib. place? He who has sat longest in 184, &o. It was formerly the custom the house, or he who was returned to desire Mr. Speaker to write to the at the head of the poll 1 This ques- sheriffs, to summon the members to tion arose in 1866, between the lord ATTENDANCE OP MEMBEES. 177 Chapter are called first, and those of Scotland and Ireland in their - order. This point is mentioned, because it makes a material difference in the time at which a member is required to be in his place. The names of members who do not answer when called, When are taken down by the Clerk of the house, and are after- ™.e™bseut. wards called over again. If they appear in their places at this time, or in the course of the evening, it is usual to excuse them for their previous default : but otherwise, no excuse being offered, they are ordered to attend on a future day.^ It is also customary to excuse them if they attend on that day, or if a reasonable excuse be then offered. Non-attendance, no excuse being offered, may be punished by committal to the custody of the Serjeant, and to pay- ment of his fees. But, instead of committing the defaulters, the house sometimes names another day for their attend- ance, or orders their names to be taken down.^ The attendance of members is generally ample; and a call is of little avail in taking the sense of the house, as there is no compulsory process by which members can be obliged to vote ; ^ hence calls of the house have long since ceased to find favour ; and no call of the house has been enforced since 1836.* On several subsequent occasions calls of the house have been ordered : but in every case the order was discharged or negatived. On the 10th July, 1855, and again on the 23rd March, 1882, motions for a call of the house were negatived.® advocate (Mr. Moncrieff) and Mr. near relation, or public service, 80 M'Laren, members for Edinburgh ; ib. 130 ; absence abroad, 80 ib. 150. and also between Mr. Hastings, Eus- 153. 157; 90 ib. 132; 91 ib. 278; sell and Colonel Gilpin, members for see also 1 ib. 300. 862 ; 2 ib. 294 ; Bedfordshire. In each case the junior 9 ib. 75. member, in point of service, being ' See H. D. 19th and 22nd Nov. returned at the head of the poll, was 1852, 123 n. s. 266. 302. entered first in the Keturn Book. * Mr. Whittle Harvey's motion on Earl Eussell and the Speaker con- the Pension List, 19th April, 1836, curred in opinion that the member 91 0. J. 265. who stands first in the Eetum Book * Motions discharged : 22nd Feb. must be accounted the senior mem- 1838, 93 C. J. 300; Eepeal of the ber. — Mr. Spealcer's Note-boolc. Corn Laws, 15th March, 1889, 94 ib. • 80 Q, J. 147; 84 ib. 106. 121 ; National Education, 4th June, ' Illness of the member or of a 1839, 94 ib. 302 ; 24th March, 1840, P. N 178 ATTENDANCE OP MEMBERS. Leave of On the 3rd March, 1801, when a call of the house was Chapter deferred for a fortnight, it was ordered " that no member L_ do presume to go, out of town without leave of the house." ^ And, in the absence of any specific orders to that effect, members are presumed to be in attendance upon their ser- Service in vice in Parliament. When they desire to remain in the mem, see country, they should apply to the house for " leave of ^' ■'^*' absence ; " for which sufficient reasons must be given, such as urgent business, ill health, illness in their families, or domestic affliction. Upon these and other grounds, leave of absence is given, though it has been refused.^ A member forfeits his leave of absence if he should attend the service of the house before its expiration. Obligation Attendance upon the service of Parliament includes the commit"'^ obligation to fulfil the duties imposed upon members by tees. the orders and regulations of the house. And unless leave of absence has been obtained, a member cannot excuse him- self from attending on a committee, when his attendance, as in the case of a private bill committee, is made com- PrimteUll pulsory by standing or other orders.^ In 1846, Mr. Smith «<"»»*«« O'Brien declined serving as a selected member of a rail- see p. 718. way committee, and the committee of selection, not being satisfied with his excuses, nominated him to a committee, in the usual manner. He did not attend the committee ; his absence was reported to the house ; and he was ordered to attend the committee on the following day. Being again absent, his absence was reported to the house ; he attended in his place, and stated that he refused to attend the committee; upon which he was declared guilty of a contempt, and committed to the custody of the Serjeant- at-arms.* 95 ib. 207 ; Eepeal of the Corn Laws, business, No. 120. See debates on 19th Nov. 1852, 108 ib. 53. Motions the absence of Lord Gardner from a negatived: 110 ib. 367; 205 H. D. private bill committee in the House 3 s. 746; 137 C. J. 117. of Lords, 24th and 26th June, 1845, > 56 0. J. 103. 81 H. D. 8 s. 1104. 1190. " 75 ib. 338; 82 ib. 376; 86 ib. * 101 C. J. 566. 582. 603; and 863. Leave of absence has also been Special Rep. of Committee of Selec- enlarged, 126 ib. 266; 127 ib. 96. tion, 24th April, 1846, ib. 555; see ' Commons' standing order, private also case of Mr. Hennessy, March, ACCESS TO PAELIAMENT. 179 Chapter To facilitate the attendance of members without interrup- obstruc- tion, both bouses, at the commencement of each session, by st°°ets''&/ order, give directions that the commissioners of the police of Sessional the metropolis shall keep, during the session of Parliament, Appendix, the streets leading to the houses of Parliament free and open, P" ^^^' and that no obstruction shall be permitted to hinder the passage thereto of the lords or members. And when tumul- tuous assemblages of people have obstructed the thorough- Xumuitu- fares, lobby, or passages, orders have been given to the yages^^™' local authorities to disperse them.^ Presen- With the Same object, it is enacted that not more than ten %mZnI persons shall repair together to the houses of Parliament see p. 495. for the purpose of the presentation of a petition ; and that not more than fifty persons shall meet together within the distance of one mile from the gate of Westminster Hall, save and except such parts of the parish of St. Paul's, Oovent Garden, as are within the said distance, to consider or prepare a petition or other address to both houses, or either house of Parliament, on any day on which those houses shall meet and sit.^ The hours and regulations of the meeting of both houses Extraoidi- on ordinary occasions,^ and on morning sittings, are dealt °.^''y ^'t- I860; 115 ib. 106; 156 H. D. 3 s. otstruotive opposition to the South 2047. Afiiea Bill. As tliere was no ad- > 31 L. J. 206. 209. 213; 32 ib. journment of the house on Tuesday, 147.187; 36 ib. 142; 11 0. J. 667; the twelve o'clock Wednesday sit- 13 ib. 230; 17 ib. 661; 33 ib. 285; ting, under the standing orders, was 37 ib. 901. superseded, and absorbed in the pro- ^ 13 Car. II. stat. 1, c. 5 ; 57 Geo. longed sitting of the previous day. III. u. 19, s. 23. On Monday, 31st Jan. 1881, the ' The history of the House of house, having met at a quarter before Commons, more especially during four, continued sitting until Wedues- reoent years, contains examples of day morning at half-past nine — a •"Pairs" sittings rendered extraordinary by continuous sitting of upwards of during pro- their excessive length. On Tuesday, forty-one and a half hours, 136 C. J. tracted 31st July, 1877, the house, having met 49-51. Among the longest sittings sittings, ^^ ^ quarter before four, continued previously on record were the foUow- „ J ' sitting until Wednesday afternoon ing: — On the 14th Feb. 1764, on at a quarter past sis — a period of Wilkes' case, till half-past seven in twenty-six and a half hours, and the morning; the 17th Feb. 1783, the longest sitting in the previous on the address concerning the peace history of Parliament. This long with France, Spain, and America, sitting was held to overcome an till nearly eight; on the 12th May, 180 EXTBAOEDINAEY SITTINGS. Sittings on Satuy- day. with on p. 206. Saturday not being an ordinary day of Chapter meeting in the House of Commons, it was usual, until 1861, . VII. S. 0. 18, Appendix, p. 826. Sittings on Sunday. at an early hour on Friday, to resolve that the house, at its Saturday •' , sittings, se rising, do adjourn till Monday next, lest the Speaker should p. 253. be obliged, by the want of members, to adjourn the house till Saturday : but, while the committees of supply and ways and means are open, the adjournment of the house until Monday is now effected by standing order No. 18, unless the house shall otherwise resolve. It need scarcely be stated that the meeting of either house on a Sunday is a rare occurrence. On the demise of the Crown (see p. 40), Parliament has occasionally been assembled on a Sunday. During the Commonwealth period the Commons met, on several occasions, on a Sunday,^ as well as on Good Friday^ and Christmas-day.* During the mania of the popish plot, also, both houses met occa- sionally on Sundays.* On the 18th May, 1794, the debate on the bill for securing suspected persons was not concluded until nearly three o'clock on Sunday morning.^ The Beform Bill was read a second time by the Commons on Sunday morning, the 18th December, 1831.^ The royal assent was signified to the Habeas Corpus Suspension (Ireland) Act at a quarter before one o'clock on Sunday morning, the 18th 1785, on commercial intercourse ■with Ireland, till after eight ; on the 30th March, 1810, on the Scheldt expedi- tion, till after seven ; and on the 5th April, on the commitment of Sir F. Burdett, till half-past seven ; on the 12th July, 1831, on the Eeform Bill till after seven; on the 13th May, 1878, until half-past nine ; and on the 11th Aug. 1879, to a quarter past seven. ' 8th Aug. 1641, to stay the king's journey into Scotland, 2 C. J. 245 ; 6th and 13th June, 1647 (chiefly for prayer), 5 ib. 200. 209; 1st Aug. 1647, for secular affairs, 5 ib. 263; 8th May, 1659, for prayers and a sermon, 7 ib. 616. " 23rd April, 1641, 2 C. J. 126. In 1689, the House of Commons met on Easter Monday, as the Puritans and Latitudinarians objected to the usual adjournment, 3 Macaulay, Hist. 113 ; see C. J. 28th March, 1st April, 1689. = 25th Dec. 1656, 1 Burton's Diary, 229-243; 7 O.J. 475; Hist. Eec. MSS. Com. 6th report, 441; Palgrave's Oliver Crom-well, the Protector, 192. < 1st Deo. 1678, the House of Commons met to take the oaths of allegiance and supremacy under the Act 30 Oar. II., recently passed, 9 0. J. 551 ; and again 27th April and 11th May, 1679, 9 ib. 605. 619. On the latter day the Lords also met, 13 L. J. 506. = 49 C. J. 613. « 9 H. D. 3 s. 546. EXTRAOEDINAKY SITTINGS. 181 Chapter February, 1866 : ^ and on some later occasions, the Louse VII " has continued its sitting until Sunday morning.^ Sunday, the 4th May, 1856, haying been appointed a day of thanksgiving, in respect of the treaty of peace with Eussia, the House of Lords met and proceeded to West- minster Abbey ; ^ and the Speaker and the members of the House of Commons met at the house, and tlience proceeded to St. Margaret's Church, to attend divine service : but in the mean time the house had adjourned from Friday till the Monday following; and this precedent was followed when the Commons attended at St. Margaret's Church, on the 22nd May, 1887, in celebration of the fiftieth year of her Majesty's reign.* Whenever a day of thanksgiving, or of fast and humilia- Days of tion, is appointed during the sitting of Parliament, it is givhig^'cv customary for both houses to attend divine service : the *^*^'" Lords at Westminster Abbey, and the Commons at St. Margaret's Church.^ Each house appoints a preacher : the Lords appoint a bishop,® the Commons a dean, a doctor of divinity, or the Speaker's chaplain.^ On the 31st January, 1699, the house resolved " that for the future no person be recommended to preach before this house, who is under the dignity of a dean in the Church, or hath not taken his degree of doctor of divinity." ^ On the 4th June, 1762, this resolution was repeated, making an exception, however, in favour of the chaplain of the house : but a bachelor of divinity has also been selected for this honour.^ It is customary to thank the preacher, and to desire him to print his sermon.^" On some occasions of special solemnity, the king and Houses of Parliament ■ 121 0. J. 89. = 88 L. J. 120. f *° ^'' = 5tli July, 1879, 134 ib. 322 ; 3rd ' 92 0. J. 279 ; 111 ib. 163. 177. ^' July, 1880, 135 ib. 273. On the 22ad May, 1887, the Bishop = 88 L. J. 123. of Eipon was the preacher, 142 ib. ' 111 C. J. 175; 142 ib. 245. 259. 259. » 88 L. J. 123; 40 0. J. 305; 57 « 13 ib. 162. ib. 483;lllib. 175,&c. On the 13th "24 ib. 272; Eev. H. Melvill, Feb. 1801, the Commons went to St. B.D., 13th March, 1855, 110 ib. 121. John the Evangelist's Church, St. '» 88 L. J. 124 ; 98 0. J. 339 ; 142 Margaret's being then under repair. ib. 262. 182 SPECIAL ADJOURNMENTS. both houses of Parliament have attended divine service at Chaptei VII St. Paul's Cathedral ; as on the king's recovery from his ' illness in 1789, after the naval victories in 1797, on the con- clusion of peace in 1814, in 1852 at the funeral of the Duke of Wellington, and on the recovery of the Prince of Wales in 1872. On the latter occasion the house was represented in the royal procession by the Speaker; and in like manner, when both houses attended the service held in Westminster H.M. jubi- Abbey, on the 21st June, 1887, the Commons were, on the desire of her Majesty, and pursuant to a resolution of the house, represented by the Speaker; and the presence of the members was regulated by a select committee.^ Attendance If Parliament be sitting at the time of a coronation, it at corona- tions. has been customary for both houses to attend the ceremony in Westminster Abbey ; and to make orders concerning such attendance.^ Adjourn- Sometimes an adjournment is agreed to as a mark oi Adjoum- mark^T * ^espect to a deceased member. On the 15th September, ^jj respect to 1646, both houses adiourned to mark their sense of the loss """""'"ff^^r deceased ■' see note f.- members. of the Earl of Essex.* On the 3rd July, 1850, an adjourn- ment was agreed to by the Commons, nem. eon., as a suitable mode of expressing the grief of the house on hearing of the death of its most distinguished member. Sir Eobert Peel ; * and on the 14th April, 1863, the like tribute was paid to the memory of Sir George Cornewall Lewis.^ On Friday, 31st May, 1878, the house adjourned, in the course of a ' 23rd Apri], 1789; 38 L.J. 397; regard for Sir G. Lewis, the pro- 44 0. J. 288 ; 53 ib. 140 ; 7th July, priety of this proceeding was ques- 1814; 49 L. J. 1046-; 69 C. J. 441 ; tioned, in private, by eminent slates- 108 ib.-29; 127 ib. 52. 61; 142 ib. men, as invidioiis distinctions might 293 ; 119 L. J. 253. be drawn between the claims to such ' William & Mary, 1689, 10 C. J. an honour.— ilfr. Speaker's Nofe-hooh. 82, &c.; Anne, 1702, 13 ib. 851; f Marriage of her Majesty, 10th William IV., 1831, 86 ib. 793, &c.~; Feb. 1840; of the Prince of Wales,. herMajesty, 1838,93ib. 621, &e. 10th March, 1863, the house ad- = 4 ib. 70. journed. Marriages of the Dukes of * 105 ib, 484. The French As- Connaught, Albany, and York, 15th sembly, in their Procfes Verbal, ex- March, 1879, 27th April, 1882, 6th pressed regret at the loss of this July, 1893, no adjournment. Se& eminent statesman, 163 H. D. 3 s. 772. also Mr. Gladstone's statement, 19th ' Notwithstanding the universal June, 1893. SPECIAL ADJOURNMENTS. 183 Chapter debate, in consequence of the sudden death of one of its members, Mr. Wykeham-Martin, in the library of the house, where his body was then lying.^ On Monday, 8th May, 1882, the house adjourned, nem. con., at a quarter past four, without transacting any public business, on account of the assassination of Lord Frederick Cavendish, chief secretary to the Lord - Lieutenant of Ireland, and Mr. Burke, under secretary, on the previous Saturday, in Phoenix Park, Dublin.^ On the 24th June, 1861, the Lords adjourned, nem. diss., on the death of the lord chancellor, Lord Campbell. Occasionally the house adjourns on the occasion of royal Royal funerals. The funeral of the Duke of Sussex was appointed *'"°'>''>'^- for 4th May, 1843, and the house adjourned over that day. The Duke of Cambridge was buried on the 16th July, 1850, when the house sat from twelve till three, and then adjourned in consequence of the funeral. But on the funeral of the Princess Sophia, 5th June, 1848, the house did not adjourn ; and again, the Duchess of Gloucester was buried on Friday, the 8th May, 1857 (the day after the lords commissioners' speech had been delivered), but the house sat on that day as usual ; and not without due con- sideration. The funeral was at Windsor, at twelve; and the house did not meet until a quarter before four. On Ash Wednesday, since the passing of the standing ^sh ^j^, order No. 2, session 1858, which appoints the meeting of ^gg^^^-o . Select the house on Wednesdays at twelve o'clock, it has been day. &c. committees, •' see p. 391. customary for the House of Commons to meet at two o'clock, in order to give members an opportunity of attend- ing divine service.^ And on Ascension-day, since 1849,* orders are usually made, for the same purpose, that no committees shall have leave to sit until two o'clock.^ This ' 133 C. J. 264. upon division " resolved to sit." But ' 137 ib. 185. on the 1st June, 1614, it was resolved, " 28lh Feb. 1854, 109 ib. 106; upon division, not to sit. 214 H. D. 3 s. 901; and debate, » 122 C.J. 255; 126 ib. 202; 146 Times, 15th Feb. 1893. ib. 264 ; 147 ib. 283. This order was * So far back as 15th May, 1604, repeated on nine occasions between it " being put to question whether 1856 and 1871 inclusive. we should sit on Ascension-day," 184 THE SPEAKER OF THE HOUSE OF LORDS. Queen's birthday and other days. Speaker of the House of Lords. His duty to attend Not neces sai'ily a peer. motion was negatived in 1872. In 1873, however, it was carried by a large majority,^ and has since been repeated - in every succeeding year. On the 19th March, 1866, ap- pointed' by the Bishop of London as a day of prayer and humiliation, it was ordered that no committees do meet before one o'clock. "When the Queen's birthday is kept on any day except Saturday, the house has adjourned over that day;^ and for many years, it has been customary to adjourn over the Derby day, though latterly not without a debate and division.* The duties of the Lord Speaker of the upper house, and of the Speaker of the Commons, will appear in the various proceedings of both houses, as they are explained in different parts of this work : but a general view of the office is neces- sary, in this place, for understanding the forms of parlia- mentary procedure. The lord chancellor, or lord keeper of the great seal of England, is Prolocutor or Speaker of the House of Lords, by prescription;* and by standing order No. 9, it is de- clared to be his duty ordinarily to attend as Speaker : but if he be absent, or if there be none authorized under the great seal to supply that place in the House of Peers, the Lords may choose their own Speaker during that vacancy.^ It is singular that the president of this deliberative body is not necessarily a member. It has even happened that the lord keeper has officiated, for years, as Speaker, without having been raised to the peerage.^ On the 22nd Novem- Chaplier VU. Vote of tU Lord see p. 339. Duties of when not a peer, see p. 186. > 20th May, 1873. 2 Tuesday, 24th May, 1864 ; Wed- nesday, 24th May, 1865 ; Wednesday, 2ud June, 1869. ' This adjournment was generally moved by the leader of the house from 1856 until 1878, and on subse- quent occasions the adjournment was moved by independent members (see p. 243). The motion was negatived, Tuesday, 31st May, 1892, 147 0. J. 306 ; again 1893. House counted out, Wednesday, Ist June, 1892 ■* Lord Ellesmere, Office of Lord Chancellor, ed. 1651. ' See also observations as to the obligations of the lord chancellor to attend, 23rd Aug. 1831, and 20th June, 1834, 6 H. D. 3 s. 453; 7 ib. 646-662; 24 ib. 597. 600. 604. « " When Sir Kobert Henley was keeper of the great seal, and pre- sided in the House of Lords as lord keeper, he could not enter into de- bate as a chancellor, being a peer, does, and therefore, when there was THE SPEAKER OF THE HOUSE OF LOEDS. 185 Chapter ber, 1830, Mr. Brougham sat on the woolsack as Speaker, ' being at that time lord chancellor, although his patent of creation as a peer had not yet been made out.^ When the great seal has been in commission, it was usual Great seai for the Crown to appoint (if he be a peer) the chief justice mission. of the Court of Queen's Bench or Common Pleas, the chief baron of the Exchequer, or the master of the Eolls, to be Lord Speaker.^ In 1827, Sir John Leach, master of the Eolls, and Sir William Alexander, chief baron of the Court of Ex- chequer,^ and in 1835, Sir L. Shadwell, Tice-chancellor,* though not peers, were appointed Lord Speakers, while the great seal was in commission. On the meeting of Parlia- ment, in 1819, the lord chancellor being absent, the prince regent appointed Sir B. Eichards, lord chief baron of the Exchequer, to supply his place, as Speaker.^ At all times there are deputy Speakers, appointed by Deputy commission to ofSciate as Speaker during the absence of the ^^^ ®"' lord chancellor or lord keeper. When the lord chancellor and all the deputy Speakers are absent at the same time, the Lords elect a Speaker pro tempore ; ^ but he gives place immediately to any of the lords commissioners, on their arrival in the house ; who, in their turn, give place to each other according to their precedence, and all at last to the lord chancellor. In 1824, Lord Giffbrd, chief justice of the Common Pleas, was appointed sole deputy Speaker.'' And an appeal from his judgments in the ' 59 L. J. 278. Court of Chancery, and tiie law ' 67 ib. 291. On the 25th Oct. lords then in the house moved to 1566, Sir K. Cattelyn, C. J. of Q. B., reverse his judgments . . . the lord was appointed Lord Speaker, by keeper could not state the grounds commission, which appears to be the of his opinions given in judgment first instance of a commoner holding and support his decisions." Lord that office, 1 ib. 637. Eldon's Anecdote Book; 1 Twiss, ' Ib. 7. This was said to be in Life, 319 ; 5 Lord Campbell, Lives accordance with the precedent of of Chancellors, 188. Sir Robert Atkins, in the reign of ' 63 L. J. 114; so also Sir E. King William, Lord Colchester's Sugden, 1852, 84 ib. 34; Sir F. Diary, iii. 68. Thesiger, 1858 ; Lords' Minutes, " Lord Sheffield, 80 L. J. 10 ; 24th 1858, p. 123; Sir E. Bethell, 1861; Feb. 1873, Lord Chelmsford; and Sir W. Page Wood, 1868; Sir again in 1882. Jlardiuge Giffird, 25th June, 1885. ' 56 L. J. 39; Lord Colchester's = 66 L. J. 113; 70 ib. 42; 82 ib. Diary, iii. 311. 71 ; 84 ib. 126. 186 THE SPEAKER OF THE HOUSE OF LOEDS. on the 22nd. April, 1831, when the king was approaching chapter to prorogue Parliament, the lord chancellor suddenly left the woolsack to attend his Majesty, upon which Lord Shaftes- bury was appointed Speaker pro tempore, and the debate, which had been interrupted for a time, proceeded until his Majesty entered the house.^ For several years from 1851, there was only one deputy Speaker in the commission — the chairman of the Lords' committees : but on the 24th April, 1881, the lord chancellor acquainted the house that her Majesty had appointed four peers to be deputy Speakers, in the absence of the lord chancellor and the chairman of com- mittees.^ On the 6th July, 1865, the lord president of the council, being unanimously chosen Lord Speaker pro tempore, in the absence of the lord chancellor, and of Lord Redesdale, the deputy Speaker, sat as Lord Speaker, and, as one of the lords commissioners, delivered the royal speech, and pro- rogued the Parliament.^ Duties of The duties of the office are thus generally defined by the Lorfs!' standing order "No. 20 — " The lord chancellor, when he speaks to the house, is always to speak uncovered, and is not to adjourn the house, or to do anything else as mouth of the house, without the consent of the Lords first had, except the ordinary thing about bills, which are of course, wherein the Lords may likewise overrule ; as, for preferring one bill before another, and such like ; and in case of difference among the Lords, it is to be put to the question ; and if the lord chancellor will speak to anything particularly, he is to go to his own place as a peer." * His anoma- The position of the Speaker of the House of Lords is Fositim of ^ousposi- somewhat anomalous ; for though he is the president of a^^^^p*';''' deliberative assembly, he is invested with no more authority ^^^- ^''^• than any other member. Upon points of order, if a peer, he may address the house ; though, if not a member, his office is limited to the putting of questions, and other formal proceedings.^ ' 63 L. J. 511. by virtue of his office, to the left of ' 267 H. D. 3 s. 1204. The last the chamber, above all dukes not appointment of deputy Speakers took being of the blood royal, 31 Hen. place, 7th Feb. 1887, 119 L, J. 28. VIII. o. 10, s. 4. ' 97 ib. 639. s See Debate in the Lords, 22nJ " But if lord chancellor, he goes, June, 1869, in which it was suggested THK SPEAEEK OP THE HOUSE OF COMMONS. 187 Chapter The duties of the Speaker of the House of Commons are Speaker VII. . , ^ . TT .1 , of the as various as they are important. He presides over the Commons. Election of, deliberations of the house, and enforces the observance of all rules for preserving order in its proceedings ; he puts Speaker's every question, and declares the determination of the house. s^. 91. ' -^s " mouth of the house," he communicates its resolutions TOfc/"te"'^ to others, conveys its thanks, and expresses its censure, p. 344; his its reprimands, or its admonitions. He issues warrants to ^TiPPOh C17KX vote in com- execute the orders of the house for the commitment of ^348^'' offenders, for the issue of writs, for the attendance of wit- entry of nesses in custody, for the bringing up prisoners in custody, see ;p. 853; and giving effect to other orders requiring the sanction of (money a legal form. He is, in fact, the representative of the house bi s), 202. j^ggjf^ JQ j|.g powers, its proceedings, and its dignity. When Fixes hour , . of meeting he enters or leaves the house, the mace is borne before him 207.* °^^' ^y ^^^ Serjea^nt-at-arms ; when he is in the chair, it is laid upon the table ; and at all other times, when the mace is not in the house, it remains with the Speaker, and accom- panies him upon all state occasions. For the CO- The Speaker is responsible for the due enforcement of Summaiy 'mdeplty ^^ rules, rights, and privileges of the house, and when he ^^jj^g ^*"^Toi ^ises he is to be heard in silence (p. 332). In accordance S66 T). \.iSX% with his duty, he declines to submit motions to the house, which obviously infringe the rules which govern its pro- ceedings ; such as a motion which would create a charge upon the people and is not recommended by the Crown (p. 527) ; a motion touching the rights of the Crown, which has not received the royal consent (p. 424) ; a motion which an- ticipates a matter which stands for the future consideration of the house, which raises afresh a matter already decided during the current session, or is otherwise out of order ^ (p, 264). If a proposed instruction to a committee be out that the chancellor should be invested least experience in the house, he ■with more extended powers : but it could not properly exercise the same was pointed out, on the other side, powers as those of the Speaker of by some peers and by the chancellor the Commons. himself, that as he was a minister of • 112 C. J. 157; 115 ib. 494; the Crown, not chosen by the house 20th Jan. 1880, 257 H. D. 3 s, 1040. itself, and was often a member of the 188 DUTIES OF THE SPEAKER. of order, the Speaker explains the nature of the irregu- Chapter larity (p. 453). ^"' Amendments by the Lords to'a bill which trench upon the privileges of the House of Commons, are submitted to the Speaker ; and, if occasion requires, he calls the attention of the house to the nature of the amendments, and gives his opinion thereon (pp. 545. 792). The Speaker also has decided that motions, which were brought forward as a matter of privilege, did not come within that category (p. 261). When the Speaker is made aware that a member pro- poses to bring forward a motiou, or to- engage in a proceed- ing which would infringe the rules and usages of the house, the Speaker, if it seems desirable, deals with the matter by conveying to the member an intimation regarding the irre- gularity of the course which the member proposes to follow. Appeal may be made to the Speaker regarding the practice or privileges of the house (p. 331), though such in- quiry may not be addressed to him in the form of a question printed upon the notice paper (p. 236) ; nor can the opinion of the Speaker be sought regarding an occurrence in a -committee, although a committee, to obtain the advice of the Speaker, has reported progress for that purpose under the exceptional circumstances stated on p. 365, n. 3. Reflections made in debate, or outside the house, on the conduct of the Speaker, or letters addressed to him criti- cizing the course he had taken in the proceedings of the house, may be punished by suspension or otherwise ; ^ and if the necessity should arise, the Speaker informs the house that such letters have been addressed to him. Nor, accord- ing to the rule stated on p. 279, can the decision of the house regarding the conduct of the Speaker be obtained iupon an amendment, but must be sought for by a substan- tive motion. The Speaker, whenever it seems to him the suitable ■occasion,^ communicates to the house letters and documents • 4th AprU, 1887, 313 H. D. 3 s. > Arrest of Mr. O'Kelly, 25th July, 371 ; 20th July, 1888, 329 ib. 48 1888, 329 ib. 495. ■27th July, 1891, 356 ib. 419-434. DUTIES OF THE SPEAKER. 189 Cl^pter addressed to him as Speaker, such as letters acknowledging a vote of the thanks of the house,^ or which relate to the rights and privileges of the house or of its members, such as communications announcing the arrest or imprisonment of a member (p. 115) ; and when the Speaker has communicated Untry of a document to the house, it is entered on the votes and imrdsZn proceedings of the house, and on the journal, without motion lll^°"'^^^' made, or question put ; ^ though a motion of a breach of privilege has been raised on the form of the document (p. 260). The Speaker is not obliged to read to the house every letter or communication that may be addressed to him as Speaker, but he may at his discretion withhold the same from publication.' To forward the transaction of the business of the house, the Speaker represses irrelevance or repetition in debate (p. 300), deals summarily with dilatory motions (p. 301), and with a claim for a division (p. 350) which, in his opinion, is made in abuse of the rules of the house, or is unduly demanded. When the occasion arises, he directs that words uttered in debate be taken down for conside- ration by the house, if, in his opinion, the words are dis- orderly (pp. 320. 329). The Speaker represses disorder in the house,* by enforcing the withdrawal of a member below the bar, who disobeys the order of the house (pp. 161. 162) ; by calling mem- bers to order (p. 327), when the offence is committed in his presence ; by putting in force standing order No. 21 (the suspension of members) (p. 323) ; by naming a member, under the ancient usage of the house (p. 320) ; and by directing him to withdraw from the precincts, under stand- ing order No. 27 (p. 332). The committal of a member to the custody of the Serjeant is effected by an order of the house ; yet, for the maintenance of order, the Speaker has, ' 99 0. J. 3. be reckoned as a precedent. " 5th July, 1881, 263 U. D. 3 a. ' 31st May, 1881, 2C1 H. D. 3 s. 45-49 ; 13th Nov. 1882, 274 ib. 1 328. 1785. A motion, once made, that a letter * His jurisdiction does not extend communicated by the Speaker be laid to words outside the house. Times, upon the table (138 0. J. 4) cannot 17th March, 1893; sec also p. 330. 190 DUTIES OF THE SPEAKER. upon information that a man liad assaulted, a member in Chapter . TU. the lobby, directed the Serjeant to take the offender into . custody.^ The Speaker has overruled opposition to formal ques- See formal tions essential to the completion of the transaction of 210' ' *"' business, which were unavoidably put from the chair during the time set apart for unopposed business, or after the moment fixed for the interruption of business. The Speaker also may decline to coun^ the house (see p. 224). If the occasion arises, he expresses his opinion regarding cases of personal interest in a vote (see p. 353). Among the duties laid upon the Speaker respecting the Production issue of writs to fill up vacancies in the house (p. 599), he Xw^^"' appoints at the commencement of every Parliament a panel ''<"'«»»> see of members to execute those duties, if need for their inter- vention should arise (p. 601). The Speaker, also, at the com- mencement of every session, nominates a panel of members to act as temporary chairmen of committees (p. 361). By the Lunacy (Vacation of Seats) Act, 1886, the Speaker may be called upon to issue his warrant for the election of a member in the place of the member of un- sound mind (p. 600). It may also be his duty to transmit to j)„fy ,.^. the officials of the Bank of England a certificate in writing, 5<""*'n? cirQijzs out notifying that the house had agreed to a resolution for the the Con- redemption of stock forming part of the National Debt.^ Fund,see^. His rank. In rank, the Speaker takes precedence of all commoners, ' "' both by ancient custom and by legislative declaration. The Act 1 Will. & Mary, c, 21, enacts that the lords commissioners for the great seal "not being peers, shall have and take place next after the peers of this realm, and the Speaker of the House of Commons." ^ By 2 & 3 Will. IV. c. 105, an Act for the better support ' nth June, 1824, 79 C. J. 483. Ireland, whilst a member of the 2 328 H. D. 3 s. 525; 143 C. J. House of OommoDS, see Lord Col- 345 ; National Debt Act, 1870, first cheater's Diary, i. 413. At Mr. schedule. Pitt's funeral, " My place was after ' See also 2 Hatsell, 249, n. ; the eldest sons of viscounts, and be- and regarding tlie precedence be- fore barons' sons," ib, ii. 40. tween the Speaker and a peer of THE DEPUTY SPEAKERSHIP. 191 Chapter of the dignity of the Speaker of the House of Commons, Daiation '. — and by 9 & 10 Vict. c. 77, an Act relating to the officers of after dLo- the house, it is proyided that, in case of a dissolution, the ^'^'"'"• then Speaker shall be deemed to be the Speaker, for the purposes of those Acts, until a Speaker shall be chosen by the new Parliament. Formerly, no provision was made for supplying the place When of the Speaker by a deputy Speaker or Speaker pro tempore, " ^™ ' as iu the upper house ; ^ and when he was unavoidably absent, no business could be done, but the Clerk acquainted the house with the cause of his absence, and put the question for adjournment (see p. 153).^ When the Speaker by illness was unable to attend for a considerable time, it was necessary to elect another Speaker, with the usual formalities of the permission of the Crown, and the royal approval. On the recovery of the Speaker, the latter would resign, or " fall sick," and the former was re-elected, with a repetition of the same ceremonies.^ In 1855, on the report of a select committee, standing Deputy order No. 83 was agreed to,* which enables the chairman of the Com-" ways and means, as deputy Speaker, to take the chair during ^°^^- the unavoidable absence of the Speaker,^ and perform his Appendix, duties. The provisions of this standing order received'^' statutory authority by Act 18 & 19 Vict. c. 84.^ 'During the Protectorate, Speakers 1887, 125 0. J. 265; 142 ib. 306. pro tempore were appointed, 7 C. See also Speaker's statement and J. 482. 483. 612. 811. journal, 5th and 6th July, 1893. " 1 ib. 353 ; 25 ib. 532 ; 39 ib. •= The Serjeant, aooompanied by the 841 ; 44 ib. 45 ; 83 ib. 547. chaplain, enters the house with the ' 9 ib. 463. 476 ; 11 ib. 271. 272. mace, which he places upon the table. * The sanction of the consent of The Olerk informs the house of the the Crown was given to the appoint- Speaker's unavoidable absence. The ment of the committee and to the chairman of ways and means then standing order, 108 0. J. 758. 766 ; proceeds to -the table, and, after 110 ib. 395; Report on the office of .prayers, counts the house if necessary, Speaker, 1853 ; Pari. Paper (478). and takes the chair. If the house ^ The Speaker, 20th June, 1870, goes into committee, the deputy asked the indulgence of the house to Speaker takes the chair thereof, and enable him to receive the degree of subsequently, having put the question D.C.L. at Oxford, when the chairman for reporting progress, he returns to of ways and means was ordered to the chair of the house, and a member take the chair, as deputy Speaker, makes to him the report of the during his absence ; and again in committee. 192 ASSISTANTS OP THE LOEDS. Speaker On the 31st January, 1881, during a protracted sitting, C^ter the^alr the Speaker retired, and the Clerk informed the house of during the j^j unavoidable absence. The chairman of ways and same * sitting. means then took the chair, which, after several hours, was resumed by the Speaker. Objection was immediately taken that the Speaker, having once left the chair, was, according to the terms of the standing order, unable to resume it until the following day : but the objection was overruled by the Speaker, because the standing order could not restrain the inherent authority of the Speaker in the event of his resuming the chair and exercising the authority of his office. When the debate had further continued for many hours, the Speaker was again replaced by the chairman of ways and means, but resumed the chair in the morning, and occupied it until the close of the debate.^ And now, the S. 0. 1, Speaker, under standing order No. 1, after he has taken the 1^823?"^' chair at the commencement of a sitting, without any formal communication to the house, can request the chairman of ways and means to take the chair, either temporarily, or until the adjournment of the house.* A brief notice may now be given of the principal officers whose duties are immediately connected with the 'pro- ceedings of Parliament. Assistants The assistants of the House of Lords are the judges, the Lords. attorney and solicitor generals, and such of the privy council as are called by writ from the Crown to attend.^ The judges, as assistants of the Lords, held a more important place in Parliament, in ancient times, than that which is now assigned to them, having had a voice of suffrage, as well as a voice of advice.* They were also occasionally ' 136 C. J. 50 ; 257 H. D. 3 3. barons of the Exchequer, the master 1707. On other occasions the Speaker of the Rolls, the attorney and solicitor- vacated and resumed the chair during generals, and the Queen's Serjeants, a sitting, 121 0. J. 234. 261. 331. 339. were summoned, at the beginning of ' 144 ib. 393. 394 ; 145 ib. 539. every Parliament, to be " present in 580. Parliament, vf ith ns and with others of ' Lords' standing orders Nos. 6 and our council to treat and give advice " 7. Formerly judges of the Courts of (Macqueen, 36, n.). Queen's Bench and Common Pleas, * Hale, Hist, of House of Lords; CHIEF OFFICERS OF THE HOUSE OF LOEDS. 193 Chapter made ioint committees with the lords of Parliament — a VII. '' practice which continued until the latter end of the reign of Queen Elizabeth.^ Their attendance was formerly en- forced on all occasions, but they are now summoned by a special order, when their advice is required.^ The chief officers of the upper house are — the Clerk of Chief -_~ 0ITlC6rS of the Parliaments, the gentleman usher of the Black Kod, the the Lords, clerk assistant, the reading clerk, and the Serjeant-at-arms.^ The Clerk of the Parliaments is appointed by the Crown, by letters patent. On entering office, he makes a decla- ration, under the Promissory Oaths Act, 1868, at the table, before the lord chancellor, to make true entries and records of the things done and passed in the " Parliaments, and to keep secret all such matters as shall be treated " therein, " and not disclose the same before they shall be published, but to such as it ought to be disclosed unto." * The clerk assistant and the reading clerk are appointed by the lord chancellor,^ the appointments being subject to the appro- bation of the house, and, when appointed, they cannot, under standing order No. 62, be suspended or removed without an order of the house. They attend at the table, with the Clerk, and take minutes of the proceedings, orders, and Lords' judgments of the house.^ These have been published daily ™'d'^'°* journals, Introd. to Sugden's Law of Eeal ' 87 L. J. 44. Property, 2 ; see also Lord Lynd- " 5 Greo. IV. o. 82, s. 3. Eegarding hurst's' speech, 23rd June, 1851, 117 these appointments, the select com- H. D. 3 s. 1069. mittee on the ofSce of the Clerk of ' 1 L. J. 586. 606, 26th Jan., 20th the Parliaments made the following March, 1563; "West, Inq. 48. report : "The committee strongly re- " Their place is on the woolsacks. commend that the appointment to The last attendance of the judges was one of these clerkships should re- during sessions 1880 and 1881, 112. vert to the Clerk of the Parlia- 113 L. J. 405. 102. If the Scotch ments ; and that he should promote judges are called upon to deliver one of the senior clerks of his de- their opinions, the house orders partment, whom he shall consider chairs to be placed for the judges most fit for the post," 2nd report, below the bar, 25 L. J. 99 ; 46 ib. cl. 17 (217), sess. 1889 ; report con- 172. 189. sidered and agreed to, 15th Aug. ' The masters in ordinary in 1889, 121 L. J. 403. chancery, until the abolition of their " Holders of office in the depart- offices, attended the House of Lords, ments of the Lords and Commons and carried bills and messages to the are not subject to clause 10 of the House of Commons. order in council relating to the com- P O 194 CHIEF OFFICERS OF THE HOUSE OF LORDS. since 1824, as the " Minutes of the Proceedings," and they Chapter are printed, in a corrected and enlarged form, as the Lords' L Journals, after being examined " by the sub-committees on the journals." ^ Black Rod. The gentleman usher of the Black Eod is appointed by letters patent from the Crown, and he, or his deputy, the yeoman usher, is sent to desire the attendance of the Com- mons in the House of Peers, at the opening and proroguing of Parliament, when the royal assent is giyen to bills by the Queen or the lords commissioners, and on other occasions. He executes orders for the commitment of parties guilty of breaches of privilege and contempt, and assists at the intro- duction of peers, and other ceremonies. Serjeant- The Serjeant-at-arms is also appointed by the Crown. He attends the lord chancellor with the mace, and executes the orders of the house for the attachment of delinquents,- when they are in the country. He is, however, the officer of the lord chancellor, rather than of the house. Shorthand The shorthand writer to the houses of Parliament is Duty of Lords! appointed by the Clerk of the Parliaments and by the^„-to-" Clerk of the House of Commons, pursuant to a resolution ^ oo^™!<^^^< '^ p. 392; 01 agreed to by both houses during the session of 1813. He election attends at the bar of the House of Lords when persons are ei?.*' ffis summoned to attend the house, when evidence is tendered Vf^ on the second reading of divorce bills, and on peerage <"*''* "/ law, p. 407 cases. He also records the opinions given by the lords of appeal, when the house sits as a judicial court. The short- Commons, hand writer attends at the bar of the House of Commons when members or other persons are summoned to attend the house, and whenever the Speaker, by order, gives utterance to the opinion of the house; and it is the duty of the shorthand writer on these occasions to record the words uttered by the Speaker, and by the persons who have been summoned to attend the house. pulsory retirement of civil servants s. o. 63. at the age of sixty-five years, 29tli ' 49 L. J. 449. 482 ; 68 C. J. 497 ; April, 1892, 3 Pari. Deb. 4 s. 1647; House of Commons' officers, &o., re- 3rd Eep. Pab. Acct. Co. 1893. port of committee, sess. 1883, ques- ' 56 L. J. 369, a ; 84 ib. 91 ; Lords' tion 973. CHIEF OFFICBBS OF THE HOUSE OF COMMONS. 195 Chapter The chief officers of the House of Commons are the Clerk chief '— of the house, the Serjeant-at-arms, the clerk assistant, and the Com- second clerk assistant. The Clerk of the house is appointed ™™^' ^^ by the Crown, for life, by letters patent, in which he is tlie house. styled " Under Clerk of the Parliaments, to attend upon the Commons." ^ He makes a declaration, under the Promissory Oaths Act, 1868, before the lord chancellor, on entering upon his office, " to make true entries, remembrances, and journals of the things done and passed in the House of Commons." He signs the addresses, votes of thanks, orders Endorse- of the house, endorses the bills sent or returned to the ^"j ^ Lords, and reads whatever is required to be read in the assistant, ixouse. He is addressed by members, and puts such see p. 480. _ . questions as are necessary on an election of a Speaker (p. 150), and for the adjournment of the house in case of the absence of the Speaker (see p. 153).'^ He has the custody of all records or other documents,^ and is responsible for the conduct of the business of the house in the official departments under his control. He also assists the Speaker, and advises members, in regard to questions of order and the proceedings of the house. The clerks assistant are appointed by the Crown, under the sign manual, on the recommendation of the Speaker, and are removable only upon an address of the House of Commons.* They sit at the table of the house, on the left hand of the Clerk. Motion to -A- record of the proceedings of the house, entitled " The Votes and t%f.^ Votes and Proceedings," made by the clerks at the table, f^^^^i 287. " is printed and distributed every day (see p. 224).^ From Jo^i-nai^- these the journal is afterwards prepared, in which the entries are made at greater length, and with the forms ' 2 Hatsell, 255 ; London Gazette, ' They had been printed, with 1st Oct. 1850, 3rd Feb. 1871, 4th some interruptions, since 1680. A May, 1886 ; see also 3 0. J. 54. 57. delay of several days formerly took First appointment of the clerk as- place in the printing and circulation sistant, 2 ib. 12 ; of the second clerk of the " Votes, &c.," until 1817, when asaistant, 58 ib. 7. their publication, every morning after = 6th Feb. 1811, 66 ib. 82. the sitting to which the " Votes, &o." ' 1 ib. 306 ; 6 ib. 542 ; 17 ib. related, was established by Mr. John 724, &o. Eiokman, clerk assistant. — Mem. - 19 & 20 Vict. c. 1 ; Treasury Gent's Mag. 1841. Minute, 1856 (Sess. Paper No. 132). 196 THE JOUENALS OP PAELIAMENT. more distinctly pointed out. These records are confined c^ter to the votes and proceedings of the house, without any L reference to the debates. The earlier volumes of the journals contain short notes of speeches, which the Clerk had made, without the authority of the house : but all the later volumes record nothing but the res gestse. It was formerly the 'practice for a committee "to survey the Clerk's book every Saturday," and to be entrusted with a certain discretion in revising the entries : but now the "votes" are prepared on the responsibility of the Clerk j and after " being first perused by Mr. Speaker," ^ are printed for the use of members, and for general circulation. But no person may print them, who is not authorized by the Speaker. I,ords' The Journals of the House of Lords have always been Journals, j^^j^ ^^ -^^ public recoi'ds. They were formerly " recorded every day on rolls of parchment," and in 1621 it was ordered that the Journals of the House of Commons "shall be reviewed and recorded on rolls of parchment." But this practice has long since been discontinued by the Lords, and does not appear to have been adopted by the Commons. Persons have access to the printed Journals of the House of Co'^J^oiis in the same manner as to the journals of the Commons' other house. The Journals of the House of Commons,^ how- journals. g^g^.^ ^^^ ^j^ regarded as records, although their claim to that character has been upheld by weighty arguments.^ How au- When the Journals of the House of Lords are required thenti- as evidence, a party may have a copy or extract, authen- ticated by the signature of the Clerk of the Parliaments, which it may be as well that he should be able to prove on oath, by having been personally present when the copy 1 1 C. J. 673. 885 ; 2 ib. 12. 42. Lords' Journals commence in 1509, For a history of the early journals, 1 Henry VIII. ; 2 Oxford Debs. 22 ; . see 24 ib. 262 ; 1 ib. 676. 683 ; 2 ib. 1 C. J. 608; 3 Hatsell, 37. The Jour- 42 ; sess. order since 1680, 9 ib. 643. nals of the Commons commence in ' Before the commencement of the 1547, 1 Edward VI. ; and, with the Lords' Journals, the proceedings of exception of a short period during Parliament were recorded in the the reign of Elizabeth, are complete KoUs of Parliament, A.D. 1278-1503, to the present time. 6 Edward I. to 19 Henry VIL The ' Coke, 4th Inst. 23, THE JOURNALS OF PARLIAMENT. ' 197 f^^vtei was signed by that officer ; and, if necessary, the Lords have '. — allowed an officer of their house to attend a trial with the original journal. In the Commons, it is usual for an officer of the house to attend with the printed journal, when a cause is tried in London : but when it is tried at the assizes, or at a distance, a party may either obtain frotn the Journal Office a copy of the entries required, without the signature of any officer, and swear himself that it is a true copy ; or, with the permission of the house, or, during the recess, of the Speaker, he may secure the attendance of an officer •to produce the printed journal, or extracts which he certi- fies to be true copies.^ By Act 8 & 9 Vict. c. 113, s. 3' (which does not extend to Scotland), it is enacted that all •copies of the journals of either house pf Parliament, pur- porting to be printed by the printers to either house of Parliament, shall be admitted as evidence thereof by all ■courts, justices, and others, without proof being given that fiuch copies were so printed. Entries in the journal have occasionally been ordered to Entries in be expunged.^ When the resolution of the 17th February, *^^ J"^^'" 1769, affirming the incapacity of Wilkes, was ordered to be motions i .* from tlie expunged, on the 3rd May, 1782, " the same was expunged Clerk's by the Clerk at the table accordingly ; " ^ and the entry was ^^^^ ^' ■erased in the manuscript journal of that day : but the ^'^P^ged. printed journal, though reprinted since that time, still contains the resolution. On the 16th May, 1833, a motion was made by Mr. Cob- bett, impugning the conduct of Sir Bobert Peel, Lord Al thorp moveS, "That the resolution which has been moved be not entered in the minutes:" but the Speaker put the question thus, " That the proceedings be expunged," on the ground that the minutes had already been entered in the Clerk's book. The question thus put was carried by ■ L. J. 13lh and 15th Feb. 1844; 593; 29 Howell, St. Tr. 685; Chubb for cases where the prod action of the v. Salomons, 3 Carringtou v. Kir- original MS. journal was required, wan, 75. see 99 0. J. 128 ; 100 ib. 114 ; Lord ^ 4 0. J. 397, &o. ; 5 ib. 197 ; 7 ib. Melville's case, 29 Howell, St. Tr. 317; llib. 210; 33 ib. 509. .683 ; E. V, Lord G. Gordon, 2 Doug. = 38 ib. 977. 198 THE SEKJEANT-AT-AEMS. 295 to 4, and no entry of the motion or other proceedings ''^'' was made in the " votes." ^ On the 6th March, 1855, a motion was made relative to the appointment of a recorder for Brighton; and on pro- ceeding to a division the mover was left alone, his seconder,. pro forma, declining to vote with him. A member imme- diately rose and moved that the motion should not be entered in the votes, which was agreed to by all the mem- bers except the mover of the original motion. Accordingly^ there is no entry of either motion in the votes.^ The house, 27th January, 1891, resolved that the resolu- tion of the 22nd June, 1880,^ which debarred Mr. Brad- laugh from taking the oath or afSrmation, be expunged from the journals ; and accordingly the Clerk passed Br red line through that resolution, in the volumes preserved in the library and Journal Office of the house, and noted on the margin of the page that the paragraph was expunged pursuant to the resolution of the house.* The Clerk also addressed letters to the librarians of the British Museum, the Universities of Oxford, Cambridge, and Dublin, and the Advocate's Library at Edinburgh, requesting them to note the proceeding on the copies of the journal in their libraries. This notice with regard to the journals has necessarily interrupted the account of the chief officers of the House of Commons, to which it is now time to return. Serjeant- The appointment of the Serjeant-at-arms is in the gift of the Queen, under a warrant from the lord chamberlain, and by patent under the great seal, " to attend upon her Majesty's person when there is no Parliament; and, at the time of every Parliament, to attend upon the Speaker of the House of Commons : " but after his appointment he is the servant of the house, and may be removed for mis- conduct. On the 2nd June, 1675, the house committed Sir James Norfolke to the Tower, for " betraying his trust," and addressed the Crown to appoint another Serjeant-at- > 2 Peel'8 Speeches, 704 ; 17 H. D. 3 s. 1324. » 135 C. J. 234. ' 137 H. D. 3 s. 202. » 146 ib. 45. at-arms. THE SERJBANT-AT-AEMS. 199 Chapter VU. Order in Me house, see p. 325. arms " in hia stead." ^ His duties are to attend the Speaker, with the mace, on entering and leaving the house, or going to the House of Lords, or attending her Majesty with addresses. It is his duty to keep the gangway- at and below the bar clear, and to desire the members to take their places, and not to stand with their backs to the chair, nor to stand, nor remove from their places, with their hats on, when the house is sitting.^ He takes strangers into custody who are irregularly admitted into the house, or who misconduct themselves there; causes the removal of persons directed to withdraw; gives orders, to the door- keepers and other officers under him, to lock the doors of the house upon a division; introduces, with the mace, peers or judges attending within the bar, and messengers from the Lords ; attends the sheriffs of London at the bar, on presenting petitions ; brings to the bar prisoners to be reprimanded by the Speaker, or persons in custody to be examined as witnesses. Tor the better execution of these duties, he has a chair close to the bar of the house, and is assisted by a deputy Serjeant. Out of the house, he is entrusted with the execution of all warrants for the commitment of persons ordered into custody by the house, and for removing them to the Tower or Newgate, or re- taining them in his own custody. He serves, by his mes- sengers, all orders of the house, upon those whom they concern. He also maintains order in the lobby and passages of the house.* It is another of the Serjeant's duties to give notice to all committees, when the house is going to prayers (see p. 390). He has the appointment and supervision of the several officers in his department ; and, as housekeeper of the house, has charge of all its committee-rooms and other buildings, during the sitting of Parliament. Bv the ancient custom of Parliament,* and by orders of Admission ■' of • See Mr. Disraeli's statement, 1st duty of the Serjeant-at-arms attend- strangers. March, 1875, 222 H. D. 3 ». 998; ing the House of Commons, officers and usages of the house, MS. ' 9 H. D. 1. 1805; 9 0. J. 351. ■• 1 C. J. 105. 118. 417. 484; 2 ib. 2 MS. account of the office and 74. 433, &c. 200 ADMISSION OP STEANGEKS. both houses, strangers are supposed not to be admitted Chapter lords. while the houses are sitting. The Lords' standing order '■ — No. 8 prescribes that no person shall be in any part of the house during the sitting of the house, except lords of Parliament and peers ■ of the United Kingdom not being members of the House of Commons, and heirs apparent of peers or of peeresses of the United Kingdom in their own right, and the attendants on the house. Strangers, however, are regularly admitted below the bar, and in the galleries: but the standing order may at any time be enforced. Until 1845, the Commons, by a sessional order, maintained the exclusion of strangers from every part of the house: but since that time that order has not been madOj and the presence of strangers has been recognized in those parts of the house not appropriated to the use of members.-^ On Ladies' the 3rd May, 1836, the house, in pursuance of the report gallery. ^f ^^ select committee, ordered that arrangements should be made for the accommodation of ladies during the debates.^ Commons. By the standing orders of the Commons, the Serjeant sirection fuiU'en. ^s directed to take into his custody strangers who are in g^j^/^ dix, p. 836. any part of the house or gallery appropriated to members,^ ^^^ P- s^^- and strangers who misconduct themselves by a refusal to withdraw, or otherwise ; and members of the house are forbidden to bring a stranger, during the sitting of the house, into any part of the house or gallery appropriated to members.* And in compliance with the general orders '■ Tlie admission of strangers to and so, it seems, was dismist." — the house and its precincts was con- Survey of London and Westminster sidered by a select committee, sess. (Skinners' Company). See also 15 1888, No. 132. C. J. 527, from which it appears that '^ 91 C. J. 319. members had been prevented from = The clerks and officers of the sitting by the pressure of strangers ; house are not " strangers." see also H. D. 12th Feb. 1844 ■" Stow says, " In the year 1584, a (Mr. Christie's motion). On the 9th new Parliament sat in November, March, 1875, two strangers passed when one Bobinson, a lewd fellow, into the body of the house, with a and a skinner, had the confidence to number of members pressing in to a sit in the house all the day, though division, and being discovered after no member. ... He remained for the doors were looked and the di- some time in the Serjeant's custody, vision was proceeding, the Serjeant ADMISSION OF STEANGEES. 201 C^ter of the house, the Serjeant has accordingly taken strangers into custody who have come irregularly into the house, or have misconducted themselves there.^ According to anci,ent usage, the exclusion of strangers could, at any time, be enforced without an order of the house ; for, on a member taking notice of their presence, the Speaker was obliged to order them to withdraw, without putting a question.^ On the 18th May and 8th June, 1849, a member took notice that strangers were present, who were ordered to with- draw. The doors were accordingly closed for upwards of two hours, and no report of the debates, during that -time, appeared in the newspapers.^ Strangers were readmitted without any order of the Speaker. The revival of this exceptional practice led to the appointment of a committee, which unanimously declared against any alteration of the rules of the house.* It was not until the 23rd May, 1870, that strangers were again ordered to withdraw, in order to avoid publicity being given to a debate upon the Con- Meporters, tagious Diseases Acts. This led to further discussion : but the house still adhered to the old rule of exclusion, which was again enforced on the 19th March, 1872. The incon- venience of the rule prompted the house to agree to a resolution, 31st May, 1875, now standing order No. 93, s. o. 93, which provided that, if notice was taken that strangers were p.^837. '^' present, the Speaker, or the chairman, should forthwith put the question that strangers be ordered to withdraw; re- serving to the Speaker, or the chairman, the power, when- ever he thought fit, to order the withdrawal of strangers from any part of the house.^ removed them, and reported their at liberty, with a caution. Times, 20th intrusion to the Speaker. After July, 1891. the diyision they were let out, with- - 15 H. D. 310 (Walcheren Expe- out any report to the house. dition, 1810) ; 77 H. D. 3 s. 138 (see 1 29 0. J. 23; 74 ib. 537; 86 ib. Mr. Speaker's explanation of the 323; 88 ib. 2i6. Pamphlets having rule). been thrown from the strangers' M05 H. D. 3 s. 662; ib. 1320. gallery into the house, the offender * Bep. 1819 (498). was taken into custody by the Ser- = 201 H. D. 3 s. 1307; 30th May, jeaut, and being conducted by a con- 1870, ib. 1640 ; 203 ib. 651. stable beyond the precincts, was set 202 PKOEOGATION, CLOSE OF A SESSION. session. An order for the withdrawal of strangers does not extend Chapter . . VII. to the ladies' gallery, which is not supposed to be within '. — the house. Ladies can therefore only be informed of the subject of debate, and left to withdraw or not, at their own strangers discretion.^ Upon divisions of the house, strangers w eve Procedure diTision. entirely excluded until 1853, but are now merely desired ^i^i^^ to withdraw from below the bar. ^^^ P- ^^^• Soldiers in On the 3rd August, 1855, notice was taken that two soldiers in uniform, lately returned from the Crimea, had been refused admission to the strangers' gallery. The Speaker stated that there was no rule for their exclusion ; ^ and soldiers in uniform, but unarmed, have since been freely admitted. A description may now be given of the forms observed on the prorogation of Parliament at the close of a session. Proroga- If her Majesty attends in person to prorogue Parliament Forfurther close of at the end of the session, the same ceremonies are observed -^^"f"' as at the opening of Parliament : ^ the attendance of the prodama- , . tion, see Commons in the House of Peers is commanded; and, on p. 43. their arrival at the bar, the Speaker addresses ber Majesty, ^-^^(^ on presenting the supply bills, and adverts to tbe most *'*> ^^e p. important measures that have received the sanction of supply Parliament during the session.* The royal assent is then 432' 563^''' given to the bills which are awaiting that sanction, and her Majesty reads her speech to both houses of Parliament herself, or by her chancellor (see p. 168); after which the lord chancellor, having received directions from her Majesty for that purpose, addresses both houses in this manner: "My lords and gentlemen, it is her Majesty's royal will and pleasure that this Parliament be prorogued to " a certain day, " to be then here holden ; and this Parliament is accordingly prorogued," &c. When her Majesty is not present at the end of the session, Parliament is prorogued by a commission under the great seal, directed » 230 H. D. 3 s. 1553-1555. Speaker Abbot's speech, referring to 2 139 ib. 1748. a bill whiob had not received the ' The last occasion, 12th Aug. assent of the house, 69 G. J. 203 ; 1854, 135 H. D. 3 s. 1549. 27 H. D. 466; Lord Colchester's ' See debate in 1814, on Mr. Diary, ii. 453-459. 483-496. PEOBOGATION, CLOSE OF A SESSION. 20S Chapter to certain peers, who, by virtue of their commission, pro- rogue the Parliament. The attendance of the Commons is desired in the House of Peers; and, on their coming, with their Speaker, the lord chancellor states to both houses, that her Majesty, not thinking fit to be personally present, has caused a commission to be issued under the great seal, for giving the royal assent to bills. The com- mission is then read, and the Speaker, without any speech, delivers the money bills to the Clerk of the Parliaments,, who comes to the bar to receive them. The royal assent is signified to the bills in the usual manner; after which the lord chancellor, in pursuance of her Majesty's com- mands, reads the royal speech to both houses. The com- mission for proroguing the Parliament is next read by the Clerk ; and the lord chancellor, by virtue of that commis- sion, prorogues the Parliament accordingly. 204 TRANSACTION OF BUSINESS. CHAPTEE VIII. Chapter VIII. METHOD AND OBDEE IN THE TEANSAOTION OP BUSINESS Table of IN PARLIAMENT. ConUnts, see p. xxui. THE Time of meeting. — The Lords formerly met, for despatch Meeting m tORDS. of legislative business, at fire o'clock in the afternoon : but fessim'^s^ on the 24th March, 1882, they resolved to meet at a quarter P- 1*6. past four, and that the public business for the day should commence at half-past four o'clock, in order to extend the time for debate ; ^ and this arrangement has since been continued, with the following alteration. To meet the convenience of the lords who are members of the standing committees which meet on Tuesdays, the sitting of the standing house commences on that day at half-past five o'clock.^ TZ7dfi'"^ The Lords, as a rule, adjourn over Ash Wednesday, and ^ee p. 376. Ascension-day : but if the Lords meet on those days, they commence proceedings by attending divine service at Westminster Abbey.^ The Lords also rarely meet, except for formal business, on any Wednesday or Saturday.* Adjournment. — No hour is appointed for the rising of the house; and the adjournment cannot take place save upon a question proposed by the Speaker, and agreed to by the house under standing order No. 20. Bules of procedure. — Formerly, the pressure of business in the House of Lords had not been so great as to require strict rules in regard to notices: but by standing order No. 21, the following regulations are established : — " That all notices of proceedings on public bills, and of other matters, be inserted in the minutes of each day, according to tlie priority of every such notice, or as the lords giving the same may have agreed, and that the bouse do always proceed with the same in the order in ' 267 H. D. 3 s. 1784. 1829, the debate in the House of 122 L. J. 64. Lords, on the seoond reading of the " 2nd March, 1881 ; 27th Feb. Catholic Relief Bill, was adjourned 1884. from two o'clock in the morning till * On Saturday, the 4th April, two o'clock the same afternoon. TRANSACTION OF BUSINESS, HOUSE OF LOBDS. 205 Chaptei which they shall so stand, unless the lord who shall have given any ^^■^' such notice shall withdraw the same, or shall, with the leave of the jjfgfigy^g housc, conscnt to its postponement, or shall be absent at the appointed moved, see time after the house shall have entered upon the consideration of the p. 263. gg^j^ notices, in which latter case it shall be held to be a lapsed order, Debate, see g^mj jjgt be proceeded with, until after the notice shall have been p. 296. , ^ " renewed. " That on all occasions notices to suspend any of the standing orders of the house, and notices relating to private bills, shall be disposed of before the house proceeds to the other notices. " That on Tuesdays and Thursdays the bills which are entered for consideration on the minutes of the day, shall, with the before-men- tioned exception, have precedence of all other notices : but petitions relating to any such bill may be presented immediately before the motion is made to proceed with the bill. "That any business for which notice is not required, and all pro- ceedings relating to private bills, may, in accordance with present usage, be entered upon before the notices of the day are called for : but *he house will proceed with the notices in preference to other matters at any time after half-past four o'clock, at the request of any lord who may have a notice on the minutes." Precedence of adjowned husiness. — By standing order No. 22, if procedure on business then in hand be adjourned, or if, the house being in committee, it is ordered that the house be resumed, it shall be lawful for the house there- upon, without notice given, to make further order that the business in question be taken first, either at some later hour of the eTening, or on some future sitting day to be then fixed. Quorum. — The upper house may proceed with business if only three lords be present, of whom one may be a lord attending to take the oath. If, however, on a division upon any stage of a bill in the house or in committee, it shall appear that thirty lords are not present, then by standing order No. 33, the Speaker, or the chairman, shall declare the question not decided. The debate thereon is accordingly adjourned to the next sitting of the house, or, the house being resumed, the committee is set down for the next sitting of the house. Questions to ministers and others. — Questions are put before the commencement of public business to ministers of the Crown concerning measures pending in Parliament, 206 HOTJES OF MEETING, HOUSE OF COMMONS. or public affairs, or matters of administration, and to other Chapter VIII. lords who have charge of a bill, or who have given notices of motions, or are otherwise concerned in some business before the house.^ Interference on the part of the house with these questions is of infrequent occurrence : but on Notice one occasion, 7th June, 1858, when a noble lord proposed refused to . „ . . • i i be received, to rensw a noticc of putting certain questions, the house resolved "that the said questions had been sufficiently answered and ought not to be renewed ; " and, accord- ingly, the proposed notice was not received by the Clerk. And again, 12th March, 1883, notice having been given of certain questions, it was resolved "that such questions be not put." In the Lords, debate is permitted in putting and answer- ing questions, and in commenting upon them, without any question being before the house. In 1867, the Lords' committee on public business, while recognizing and approving this practice, recommended that notice of questions should be given in the minutes, except in cases of urgency. In consequence, it was resolved, by standing order No. 21, that where " it is intended to make a statement, or raise a discussion on asking a question, notice of the question should," in that case, " be given in the orders of the day and notices." And under these conditions impor- tant debates are frequently raised.^ THE The meeting of the house. — The house formerly met at OF^coM- ^^ ®^^^y ^^^^ ^^ *^® morning, generally at eight o'clock, MONs. tut often even at six or seven o'clock, and continued till eleven, the committees being appointed to sit in the after- noon. In the time of Charles II., nine o'clock was the peaces o/ usual hour for commencing public business, and four o'clock "^"^^^s- . 1 . » 1 see p. 173. for its conclusion. At a later period ten o'clock was the ordinary time of meeting; and the practice of nominally adjourning the house until that hour continued ujitil 1806, ' Perhaps the earliest example of ministration, and was answered by a question to ministers is to be found tlie Earl of Sunderland, 7 Pari. Hist. on the 9th Feb. 1721, when Lord 709; 192 H. D. 3 s. 717. Cowper asked a question of the ad- ' 14th Dec. 1847, 100 L, J. 103, HOUES OF MEETING, HOUSE OF COMMONS. 207 Chapter though SO early a meeting had long been discontinued.'- '. Until the year 1888, by a custom then in force for about a century, a quarter before four o'clock was the usual hour of meeting. This hour was chosen to provide that the house should meet as late in the day as possible, and yet enable a new member to take the oath between the hours of nine in the morning and four in the afternoon, pursuant to statutory regulations then in force. The statutes which prescribed those hours have been repealed; and new members can now be sworn in, either at the opening or the close of a sitting (see p. 156), yet the influence of these regulations still exists in the usage that no adjournment of the house caused by the absence of a quorum can take place before four o'clock (see p. 222). Hence also arose the practice that, when the house desires to meet at an hour earlier than four o'clock, no order is made to that effect, and the Speaker fixes, in accordance with the known intention of the house, the hour when the next sitting would be held ; whilst if the house meets at an hour later than four, the hour is fixed by an order of the house.^ 1 The house when in session must, unless the house orders Ordinary' Solfsef otherwise, meet every day of the week except Sunday : but meTing!" p. 146. its freedom as regards the hour and time for sitting, working, and rising, except on Wednesdays and the sittings held at two o'clock, was almost wholly uncontrolled prior to the Extra- year 1888. The system then established prescribes the ordinary }iours for the meeting of the house, for the interruption of sittings, see o » r p. 179. biisiness, and for the adjournment of the house, during every day of the week except Saturday and Sunday. On Monday, Monday, Tuesday, Thursday, and Friday the hour of meeting, pur- Thursday, suant to standing orders Nos. 1 and 2, is three o'clock in ^^'^^^7- S.O. 1. 2, ' Vowel's Order and Usage of the Aug. 1853, to ten o'clock at night, Appendix, Parliaments in England, 1572; 1 106 C.J. 189; 108 ib. 816; and on P- 823. 0. J. 156. 705 ; 2 ib. 116. 120 ; 8 ib. Thursday, 11th May, 1882, the house 271 ; 9 ib. 606 ; 13 ib. 858. met at nine o'clock, in order to en- ' On the opening of the Great able ministers and members to attend Exhibition, 1st May, 1851, the house the funeral of Lord Frederick Oaven- adjourned to six o'clock p.m. ; on dish, at Chatsworth (137 0. J. 190). the naval review at Spithead, 11th 208 INTEEEXTPTION OF BUSINESS. Wednesday the afternoon/ and twelve at noon on Wednesday .^ The chapter Satmday. meeting of the house on Saturday ^ does not take place, save — by order, or unless business be appointed for that ^^Y^mentfrm when, if the house has not ordered otherwise,* the Speaker, ^^2y^ S. 0.4-8, according to usage, fixes twelve o'clock for the meeting of see p. 220. Appendix,' ^jjg house, that being the customary hour. The sittings oii^t'"^' ^' ' the house, known as " morning sittings," held pursuant to ^^S^f^ee standing orders Nos. 4-8, commence at two o'clock in the p- 253. afternoon, and are usually held on Tuesday and Friday. sitUngl°L The official announcement of the hour appointed for the P- 252. next meeting of the house is made by an entry placed, under the Speaker's authority, at the close of the daily record of the sittings of the house, styled " The Votes and Circulation Proceedings ; " as the announcement of the appointed hour %^l^^,, of meeting in the motion which adjourns the house is an ^ee p. 224. exceptional occurrence.^ a Q ■, Interruption of business wider the standing orders. — Onmaimy Appendix, every day of the week, except Saturday and Sunday, the ^L'^'ee working hours of the house are subject to the following P- 2^"- regulations. Business is interrupted on Monday, Tuesday, Thursday, and Friday, at midnight.^ At that moment, if the house be not engaged on exempted business (see p. 211), the Speaker rises from the chair, and interrupts the busi- Qmstima ness then under consideration; or if the house be in com-^^^^" mittee, the chairman leaves the chair to make his report *'™' ^" p- to the house. On Wednesday the moment of interruption is half-past five o'clock, and on sittings commencing at two o'clock at ten minutes to seven.^ ' The house met, 27th Feb. 1888, of Eighteenth Century, 331 ; 27th for the first time at three o'clock in Feb. 1880, 250 H. D. 3 s. 1668. pursuance of standing order No. 1, * 128 0. J. 122 ; 145 ib. 222. 148C. J. 65. » 108 ib. 816; 127 ib. 411; 128 « The sitting of the house on ib. 122; 146 ib. 178. Wednesday, 1 Aug. 1877, was ab- " The standing order which pro- Borbed by a continuous sitting of hibited the transaction of opposed the house begun on the day previous business after half - past twelve (see extraordinary sittings of the o'clock at night was repealed, 7th house, p. 179, n. 3). March, 1888, 143 0. J. 86. = This holiday is said to have ' On'Wednesday,28thMarch,1860, arisen from Sir Robert "Walpole's at the appointed moment of inter- devotion to hunting, 1 Lecky, Hist, ruption, the chairman reported pro- INTEKROPTION OF BUSINESS. 209 Chapter The business under consideration at the moment ofTiaus- — '- — interruption stands adjourned; and the Speaker calls upon business the member in charge thereof to name the day when de- ^'^^"j ™°" bate thereon shall be resumed. iatenup- No opposed business can be taken after the time pre- scribed for the interruption of business; consequently, if objection be taken to the day named for the resumption of the interrupted business, or for the consideration of any business subsequently appointed, the matter on which ob- jection arose must be set down for the next day on which the house shall sit, unless the Speaker ascertains, by the preponderance of voices, that a majority of the house desires that the order should be deferred until a later day.^ The transaction of business can be carried on during the time set apart for unopposed business, although debate may arise thereon, until a division be challenged upon a question proposed from the chair, or objection taken to further proceeding. The business then becomes opposed business; and further consideration thereof must be ad- journed in accordance with the provisions of the standing order.^ If, during the time when no opposed business can be whea Mr. taken, an order of the day for a committee on a bill, not le^^s^he yet in progress, is read, the Speaker, although objection '^''*"■• be signified to his leaving the chair, nevertheless quits the chair forthwith in pursuance of standing order No. 51. If, ^ ^ 5j however, the bill is already in progress, when the order ■*^PP^"'^'^' of the day is read, and objection be taken to proceeding with the bill, the Speaker does not quit the chair, but calls on the member in charge of the bill to name a day for its future consideration. When objection is taken in gress on the Income Tax Bill, when, 8th April, 1892, 147 ib. 171. as there was no opposition to it, the ' As during the time for unop- house again resolved itself into com- posed business no division can be mittee on the bill, and the committee taken, the Speaker has disregarded proceeded through the bill, and re- a challenge to the question put on ported it. The same course was a motion for the adjournment of the adopted on Tuesday, 12th June, 1888, house, and, treating the motion like 143 C. J. 273. a formal motion, he declared that the ' 19th June, 1891, 145 ib. 405 ; ayes had it, and left the chair, P. P 210 PBOCEDTJEE AFTEE INTEEEUPTION. committee, the chairman forthwith leaves the chair to report Chapi ' VII] progress. Formal motions after the moment of interruption. — The other Speaker has overruled an objection that no opposed busi- '^{^„j ness could be taken, because the moment for the inter- ^'^ ?• ^ ruption of business was passed; and has not permitted opposition to formal questions which are essential to the completion of the transaction on which the house is engaged, such as the committal of a bill to a committee See also of the whole house, when a bill has been read a second 5 ^ fyl time, or the addition of the words, "upon this day six months,"^ when the house has disagreed to the second reading of a bill ; or the entry of the Speaker's reprimand or admonition upon the journal of the house ; ^ or motions for the appointment and nomination of a select committee consequent upon the business then before the house.* Formal Nor can a formal motion for the purpose of carrying on during^ the business of the house be stopped by an objection that time for ^j^q proceeding takes place during the time set apart for unopposed i o jr o jr business. Unopposed business, such as a motion for the first reading of a bill from the Lords; motions consequent upon a message from their house ; appointing a day for the con- sideration of their amendments to bills ; ^ ordering the pre- sentation of papers moved by a minister of the Crown ; ^ or for the withdrawal of a bill by the member in charge thereof.^ see also Dilatory Dilatory motions pending at the moment of interruption, ^®^" lapse. i-e. motions for the adjournment of the house or of the debate, or that the chairman do report progress, or do leave the chair, lapse without question put.^ At that moment closure also may be moved; and if closure be moved, or » 31st May, 1888, 143 0. J. 243. July, 1888, Mr. Speaker's ruling ' 143 ib. 143. (private). = 7th April, 1892,3 Pari. Deb. 4 s. ' 19tli July, 1888, 328 H. D. 3 s. 963. 1883 ; Vehicles Lights BiU, 8th May, * 17th Feb. 1887, 310 H. D. 3 a. 1893. 1854; 333 ib. 1101; 30th July, 1889, > On adjournment at six o'clock 338 ib. 1789. on Wednesday, 144 0. J. 55 ; inter- » 3rd Aug. 1888, 329 ib. 1552. ruption at midnight, 144 ib. 134 ; 145 « 27th Feb. 1882, copy record, Mr. ib. 252 ; progress, at midnight, 145 Davitt, 266 H. D. 3 b. 1811 ; 30th ib. 370. EXEMPTED BUSINESS. 211 Chapter if proceedings under the closure rule be then in progress, — the Speaker, or chairman, does not leave the chair until the questions consequent thereon, and on any further question, as provided in standing order No. 25, have been decided (see p. 213). At the interruption of business appointed for a two Intenup- o'clock sitting, dilatory motions lapse,^ and no opposed t'™ o'clock- business can be taken according to the rules applicable ^'"'i>g- to a midnight interruption of business. Business inter- Rules, rupted at ten minutes before seven, and orders of the day nos^98 99' not then disposed of, are placed upon the notice paper for the evening sitting at nine o'clock, after the orders of the day fixed for that sitting, subject to the right of the government to arrange their business mentioned on p. 249.^ Exempted business. — It is provided, by standing order Business No. 1, that at the commencement of business on any day, brmotfon. except Wednesday or Saturday, a motion may be made by ^- 0. 1, a minister of the Crown, and decided without debate, that p. 823. the proceedings on any specified business, if under dis- Adjoum- cussion at midnight, be not interrupted ; and if this motion 'exmipted ^^ Carried, such business is exempt from the provisions of biisiness, see the Standing order which regulates the interruption of business, and the adjournment of the house. Proceedings on a ways and means bill, or pursuant to a Business standing order, or an Act of Parliament, are also perma- by^^-.^ot 1. nently exempt from interruption. As the most critical use of the closure motion arises Closure. upon the moment for the interruption of business, a state- ment of the practice of the house under standing order No. 25 (closure of debate) shall preface the consideration of the treatment of questions pending at the moment of interruption (see p. 214). Closure. — The method of procedure known as closure, ' 144 0. J. 139. 189. mittee, he does not return to the Supply * If a two o'clock sitting of the chair, and the chairman, under house is protracted up to seven standing order No. 7, makes his re- see p. 576. o'clock, the Speaker suspends the port at nine o'clock. 8th June, 1888, Bitting until nine o'clock. If the 326 H. D. 3 s. 1600; 4th and 29th house be at that moment in com- March, 1892, 147 C. J. 82. 141. 212 CLOSTJKE. which brings debate to a conclusion, and compels the house c^apte to decide upon the matter under discussion, which was first authorized by the urgency rule of 3rd February, 1881 (see p. 324),^ was permanently established by a standing order agreed to in the year 1882.^ By this standing order the house was enabled to vote forthwith upon a motion, "That the question be now put;" and the initiative in the proceeding was entrusted to the Speaker, or the chairman of ways and means, whilst the presence of more than two hundred members was required to make the vote effectual. These conditions in the application of the closure were subsequently modified in the sessions 1887 and 1888. aosure Pursuant to standing orders Nos. 25 and 26, whilst the Under a aVTs 26 Speaker, or the chairman of ways and means, is in the cMrmn, Appendix, chair, after a question has been proposed, if a member "^""^f, rising in his place moves, " That the question be now put," enforced, that question shall be put forthwith without amendment nor in « or debate, unless it appears to the chair that the motion ^^^^^ p. 828. is an abuse of the rules of the house, or an infringement ^^^ P- ^'S of the rights of the minority; and if, when a division is taken, it appears by the numbers declared from the chair, that not less than a hundred members voted in the majority in support of the motion, it is decided in the affirmative.^ Closure may be moved, as the conclusion of a speech,* or whilst a member is addressing the house, and intercepts any motion which it was his intention to move. The intervention of the chair regarding closure is restricted to occasions when the motion is made in abuse of the rules of the house, or infringes the rights of the minority. A ' 136 C. J. 57. 1902. 1917. The Speaker declined ' Attempts made by the house to to put a sunilar motion, debate on close debate in former times are address. Times, 3rd Feb. 1893. See traceable on the journals : 9th May, also Mr. Speaker Brand's closure, 1604, resolution that Sir E. Litton 2nd Feb. 1881, p. 272, u. 2. should not speak any more ; 31st ' A motion failed, insufficient March, 1610, resolution to stay majority, 142 0. J. 506 ; another was further debate, 1 C. J. 205. 417. 968 ; negatived, 143 ib. 232. and subsequently on the 20th June, * Speaker's ruling, 12th May, 1880, the motion that Mr. O'Donnell 1893. be not now heard, 185 H. D. 3 s. CLOSURE. 213 Chapter vni. See also debate, p. 310. Illustra- tions of claimed, see p. 218. closure motion may therefore be sanctioned by tbe chair, either immediately upon, or within a few minutes after, the proposal to the house of the question to be closed ; as, in the discharge of the duty thus imposed upon him, the dis- cretion of the Speaker is absolute, and is not open to dispute.^ As — without some further provision, the house might, even with the help of the closure, be unable to complete the matter then immediately in hand — directly after the motion, " That the question be now put," has been carried, and the question consequent thereon has been decided, without having recourse to any further closure motion, the right is given to claim, subject to the discretion of the chair, that such further question be put which may be requisite to bring to a decision any question already pro- posed from the chair.^ The utility of this power is specially proved by its application at the moment, when, pursuant to standing order, an interruption of business, or the ad- journment of the house would otherwise immediately take place.^ An analogous, but wholly distinct, power is also con- ferred by standing order No. 25, whereby, subject to the Further demands based upon the closure motion. S. 0. 1.25, Appendix, p. 828. 1 31st March, 1887, 313 H. D. 3 s. 177. Speaker's statements, 20th July, 1888, 329 ib. 57 ; 28th June, 1889, 337 ib. 1023; 354 ib. 431; Votes, 13th March, 1893; of deputy Speaker, 28th April, 1892, 3 Pari. Deb. 4 s. 1639. " 28th March, 1892, 3 Pari. Deb. 4 B. 138. ■* On two occasions, since the inau- guration of closure, with the sanction of the Speaker, a form of motion, analogous to a closure motion, but not within the provisions of standing order No. 25, were submitted to the house. The first met the case of an excessive number of amendments placed upon the notice paper oh the report stage of a private bill. The motion moved and agreed to, on this occasion, was, " That inasmuch as this bill has been carefully considered by & select committee, this house declines to entertain amendments which ought to have been brought before that committee, and that the bill be ordered to be read a third time." The second example of an exceptional closure motion was occasioned by an unprecedented multiplication of in- structions to the committees upon certain bills. It assumed the form of an amendment to be moved upon the first instruction which stood upon the notice paper, to the committee on Allotments Act Amendment Bill, 1890, to the effect " That this house declines by any instruction to extend the scope of the bill in question." The amendment was not moved, upon the understanding that it was reserved for use, in case more than one in- struction to the bill was moved. 2nd July, 1888, 328 H. D. 3 s. 37 ; 2nd May, 1890, 344 ib. 18 ; see Appendix, p. 844. Closure upon the words of a clause. 214 CLOSURE. discretion of the cliair, -when a clause is under considera- Chaptei ' VIII. tioD, motions may be made, to be acted upon forthwith — . that the question, " That certain words of the clause " defined in the motion " stand part of the clause, be now put," or that the questions, " That a clause stand part of (or be added to the bill), be now put." These motions, if the questions put thereon are carried, override all power of amendment to the words included in their scope : thus, for instance, in committee upon a bill, after certain additions proposed to subsection 3 of the fifth clause had been negatived, a member rose and moved, "That the question, 'That the word wliere ' " (being the initial word of subsection 4) " stand part of the clause, be now put." The closure motion, and the question consequent thereon, were carried, and thereby all further additions to subsection 3 were excluded.^ Appiica- The closure motions that certain words should stand part these" °f ^ clause, or that a clause should stand part of a bill, are closure Jq form and use equally applicable when the house is in motions. _ 1. J ± L committee, and when the Speaker is in the chair. These Eules, motions also can be moved although closure has not been jf^ig^/' previously enforced during the consideration of the clause,- nor is it necessary that closure should have been moved on the question last proposed from the chair. Thus on con- sideration of a bill as amended, no antecedent closure having been moved, a member rose and moved, " That the question, 'That certain specified words of a clause stand- part of the bill,' be now put," and ^the question on the closure motion was put from the chair.^ Questions fending at the interruption of business. — By a convenient, and indeed necessary, elasticity of practice, which arose in consequence of the introduction of fixed hours for the transaction of business upon Wednesdays, the standing orders which prescribe a limit to the time for the transaction of business are not so strictly enforced as t» ' ' 6th May and 9th June, 1891, 1893. 146 0. J. 264. 344; also 2nd June, » 338 H. D. 3 s. 639. 644; 14* 1892, Clergy Discipline Bill, 147 C. J. 343 ; also 9th June, 1891, 14ff ib. 317 ; Army, &o.. Bill, 24th March, ib. 344. QUESTIONS PENDING AT INTEEEUPTION. 215 Chapter prevent the house from completing, when the fixed hour Question . 1_ arrives, the proceeding on which a decision is in' process of ^"^^''^ *"^f being: taken.^ Procedure thereon is, under this practice, interrup- extended, not only beyond the hour appointed for the interruption of business, but also beyond the hour appointed for the suspension of a sitting, or for the adjournment of Question the house. Consequently, whenever a question is under m^onTenr decision, either by collecting the voices, or by a division, ^.°^ ^^' ^^^ at an hour appointed by the standing orders for a cessation in the transaction of business, or of the sitting of the house, the decision of the house is announced and acted upon after that fixed hour. Nor does the fact that the aosure at ™o™^^t ^^ passed when business should be interrupted, or moment of the house adjourned, prevent the proposal from the chair interrup- .... Hon, see p. of the main, original, or any lurther questions consequent ^^" upon that decision of the house, which may be decided, if necessary, by a division.^ If, however, when such a question is proposed from the Adjoum- chair, a member rises to object to further proceeding, or™u°sti°^s offers to speak to such question, his actioli converts the ^^^" ■*■ '- _ moment business then under transaction into opposed business ; ' of inter- as his interference brings into force the provisions of the standing order. The Speaker therefore proceeds to adjourn the debate, or in committee the chairman proceeds to leave the chair to make his report to the house ; * and the conse- quent interruption of business is inevitable, unless there- upon closure be moved, pursuant to paragraph 3 of standing order No. 1 (see p. 217). The practice of completing business begun before thenuistia- tions of • Post-Offioe Balances, 29th July, ameudment, at ten minutes past procedure 1873, 217 H. D. 3 s. 1230-1232 ; 128 midnight (19th March, 1891), 146 at moment O.J. 403; Land Tenure (Ireland) C. J. 165. of inter- Bill, 21st March, 1877, 233 H. D. 3 s. = To create an interruption of busi- '^'"P'l™- 306. ness, a motion to adjourn the debate " The case is unusual, so it may be is out of order, Tuesday, 14th May, mentioned that the Speaker, on con- 1889. Mr. Speaker's ruling not re- sideration of the amendments by the ported. Lords to a bill, when a proposed ' Criminal Law Amendment (Ire- amendment to a Lords' amendment land) Bill, 18th May, 1887, 315 H. was disposed of, proposed the ques- D. 3 s. 488 ; 142 C. J. 249 ; 29th tion for agreeing to the Lords' March, 1892, 147 ib. 141. 216 UNOPPOSED BUSINESS AFTER INTERRUPTION. fixed hour by putting successively all questions pending at Chapter the moment of interruption, is best elucidated by examples. Unopposed husiness after moment of interruption. — The first examples will show the practice of the bouse regarding questions put from the chair after the time prescribed for the interruption of business, or for the adjournment of the Procedure house, when neither objection is taken to further proceed- ""eteT' ^^^' ^°^ closure moved. (1) A division was in progress, questions, at the time fixed for the adjournment of the house, on an amendment to the main question to leave out therefrom all the words after the first word, " That," in order to add other words. The question, that the words proposed to be left out stand part of the question, was negatived ; and then the questions for the addition of the words of the amendment, and the main question, so amended, were successively put from the chair.^ (2) A division was in progress, at the time fixed for the interruption of business, on the question that the word " now " should stand part of the question for the second reading of a bill. The question upon the word "now" was negatived; the words, "upon this day six months," were added: the main question so amended was agreed to, and the bill was put off for six months.^ (3) On another occasion, when a division on an instruction to a committee on a bill was continued until after midnight, and notice of another instruction stood upon the paper, which was out of order, the Speaker, having pointed out the informality of that notice, left the chair forthwith, under standing order No. 51, stating that he did so in order to complete the business begun before midnight.* Opposed business after the moment of interruption. — Examples shall now be given of the adjournment of further proceedings, upon objection taken, the time prescribed for' the transaction of opposed business having elapsed, and when the right to move closure at the moment of the Procedure interruption of business, was not exercised. (1) For tknsTot instance, if the question decided after the prescribed time completed. • 144 0. J. 180. = 4tli April, 1892, 3 Pari. Deb. 4 s. ^ 132 ib. Ill ; 233 H. D. 3 B. 306. 669 ; 147 0. J. 154. CLOSURE AT MOMENT OF INTERRUPTION. 217 Chapter be that a bill be now read the second time, the bill is VIII, committed to a committee of the whole house, or, on the Formal motion of the member in charge of the bill, to a select plVio! ' ^^^ committee ; but, in the latter case, as reference to a select committee is not the ordinary form of motion, oa such an occasion, if objection were taken, or debate arose thereon, the Speaker would interrupt the business and declare that the debate stood adjourned.^ (2) When to the question that a bill be read a second time, an amendment was moved to leave out those words, and to substitute, instead, a state- ment urging reasons why the bill should not be read a second time, and the house had decided that the words proposed to be left out should not stand part of the question, the question for the addition of the words of the amendment was proposed from the chair: but, as the hour for inter- ruption was passed, and objection was taken to the proceed- ing, the debate was immediately adjourned.^ (3) Again, on the consideration of a bill on report, when a division on the second reading of a new clause was concluded after midnight, the Speaker announced that if no amendments were offered, he would put the question, " That the clause be added to the bill : " but on a member intimating that he had an amendment to offer, the Speaker adjourned further proceedings on the clause, and the consideration of the bill was appointed for the morrow.^ Closure at moment of interruption. — It now remains to When the explain the manner in which, under paragraph 3 of stand- l^oraXes. ing order No. 1, closure may be moved at the moment for the interruption of business. Under ordinary circum- stances, on the fixed hour being reached, the Speaker or chairman says, "Order, order," and proceeds to interrupt the business. The Speaker announces that the debate stands adjourned, and the chairman proceeds to leave the > 22nd May, 1889, 336 H. D. 3 s. would depend on the character of 767 ; 28th March, 1892, 147 0. J. 138. the opposition. Closure might be moved on this ' 30th March, 1892, 147 0. J. 141. interruption ; but the propriety of ' 18th June, 1891, 146 ib. 372 ; the motion, and the probability of 354 H. D. 3 s. 877. the Speaker's withholding his assent, 218 QUESTIONS CLAIMED AFTER CLOSTJKB. Interrup- tion at close of a division. Closure claimed on further questions. chair to make his report to the house. These proceedings on the part of the Speaker and the chairman create the - moment of the interruption of business, when closure may- be moved. The moment for the interruption of business is, however, as has been mentioned on p. 214, projected forward beyond the hour fixed by the standing orders, if the house at that hour is engaged in a division. The Speaker, therefore, after the question thereby decided has been Fput, continues the proposal of such further questions as are necessary to complete the proceeding, until a member rises to speak, or says, " I object to further proceedings." It is then that the moment for the interruption of business arrives, and that the closure motion may be moved. For instance, in the committee of supply the proceedings on a division to decide the question for the reduction of a grant were not completed until after midnight ; the chairman thereupon proposed the original question, namely, the grant itself : but as a member offered to speak thereto, the chairman was proceeding to interrupt the business, when closure was moved, and carried : the original question was put accordingly ; and the chair- man left the chair to report the resolution to the house. The Speaker resumed the chair; and the report and the committee of supply were appointed for the following sitting of the house.^ Questions claimed under a previous closure motion. — As has been explained on p. 213, after a closure motion has been moved and acted upon, any member may claim that such further questions be put forthwith as are requisite to bring to a decision the question already proposed from the chair, no second closure motion being necessary.^ In that case, unless the assent of the chair be withheld, the Speaker, or the chairman of ways and means, puts seriatim each such question forthwith, regardless of the fact that the hour for the interruption of business is overpast. > 3l6t May, 1888, 326 H. D. 3 s. 1889, 339 ib. 711. 800. 872 ; see also ib. 999 ; 8th June, ' 10th Dec. 1888, 331 H. D. 1703 ; 1888, 326 ib. 1600 ; 14th Nor. 1888, 6th March, 1889, 333 ib. 1101 ; 13th 330 ib. 1217 ; 6th and 8th Aug. May, 1892, 147 0. J. 249. Chapter VIII, ADJOUENMENT OF THE HOUSE. 219 Chapter Qf this procedure the following examples may be given, niustra- VIII. /, s 1 tions of (1) When a resolution reported from a committee was under claim of the consideration of the house, and an amendment thereto had been negatived upon a closure motion, the question, " That this house doth agree with the committee in the said resolution," was claimed and put accordingly.^ (2) When a closure motion had been carried which disposed of an amendment to an amendment, first the question on the amendment itself, and then on the main question, were forthwith claimed, and decided by the house.^ (3) When the house had negatived the question for the Speaker's leaving the chair, for the committee of supply, upon the con- sequent question that the words proposed by way of amend- ment to the main question be there added, closure was moved and acted upon ; the words were added ; and then closure on the main question, so amended, was claimed, and put from the chair.^ The practice regarding pending questions and closure Pending procedure, which may be enforced at the moment of the ^^ time" for interruption of business, is, if need be, equally applicable ^J°"'°" when the moment is reached for the adjournment of the house, as fixed by the standing orders. Procedure in a Procedure committee of the whole house regarding questions pending miuee.' at the moment of interruption, follows the procedure of the house, including the power of moving closure on the inter- ruption of business.* The adjournment of the house. — Pursuant to standing Adjouin- orders No. 1 and No. 8, on Monday, Tuesday, Thursday, Monday, and Friday, and on evening sittings held after a sitting at ]|;jJ^^'^^''' two o'clock, the house, if not previously adjourned, sits till Friday. Adjourn- One of the clock a.m., unless a bill or proceeding exempted ment after from the operation of the standina; order (see p. 211) be at business, that moment under consideration.^ In such a case the S66 D 220 Speaker does not quit the chair until the exempted business ' 25th July, 1890, 145 0. J. 512. 144 ib. 102. ' 7th and 28th April, 1892, 147 lb. = Unless a notice of motion bo 166. 196. exempted has been reached at one ' 13th May, 1892, 147 ib. 249. o'clock, the Speaker thereupon ad- ' Naval Defences, 1st April, 1889, joiirns the house. 220 ADJOURNMENT OF THE HOUSE. Adjourn- ment after exempted business. is concluded, after which the unopposed business that Chapter stands upon the notice paper is disposed of, under the con- ditions imposed by standing order No. 1 on business taken f^*^^ "^ after midnight (see p. 209) ; when the Speaker adjourns the nnread, house without question put. If more than one exempted motion stands upon the notice paper, and the first is not disposed of until after one o'clock, other exempted business may be brought forward ; ^ and in that case, adjournment without question put is postponed, until that matter and the remaining business upon the notice paper for that sitting has been disposed of. On a Wednesday sitting, the adjournment of the house takes place at six o'clock in the afternoon ; and as standing order No. 1 makes no provision for the consideration, on that sitting of exempted business, the house cannot sit on a Wednesday beyond six o'clock, save to complete business (see p. 215), or by order. In that case, if the house con- tinues sitting on Wednesday beyond six o'clock for the con- sideration of a special matter, the Speaker, immediately upon the conclusion thereof, adjourns the house forthwith.^ Saturday. The time for the adjournment of the house on Saturday is not prescribed by standing order. A djournment beyond the next day of sitting. — When it is Amend- intended tliat the house should be adjourned to a day be- '^l *" yond the next sitting day, a motion is made, by a member of 'moUms, 1 ■ -ii • 1 . , ^ss P- 281. the government, with or without notice (see p. 244, n. 1), that Adjourn- ment on Wednes- day. S. 0. 3, Appendix, p. 834. S. 0. 18, Appendix, p. 826. the house, at its rising, do adjourn until the specified day.* Adjournment from Friday till Monday. — Pursuant to standing order, while the committees of supply and ways and means are open, the house, when it meets on Friday, stands adjourned, at its rising, until the following Monday, unless the house shall otherwise resolve. Adjournment on question. — Except on occasions when a quorum of the house is not present (see p. 222), or when the Speaker, in pursuance of a standing or other order, adjourns 1 26tli July, 1888, 143 C. J. 404; 20th Aug. 1889, 144 ib. 446. ^ 145 ib. 546. " The house, llth Aug. 1892, ad- journed on this form of motion, " That this house do now adjourn till Thurs- day next," 147 ib. 419 ; see also 30th March, 1893. SUSPENSION OF A SITTING. 221 Chapter the house without question put, the house can only be = — adjourned upon a question put from the chair.^ Suspension of a sitting. — The sitting of the house is occasionally suspended with the intention of resuming the transaction of business at a later hour. A suspension of the sitting always occurs on the opening day of a session (see p. 167), and whenever, pursuant to standing orders Nos. 4 and 5, the house meets at two o'clock.^ A sitting also may be suspended on other occasions, as when a bill from the Commons is under consideration by the House of Lords,^ or whilst the house waits for a message from the Suspended lords Commissioners.* During the suspension of a sitting, house in ^^^ Speaker, the mace being left upon the table, retires committee fj-Qm the houso, and returns at the appointed hour, when see p. 368, _ . 11. 4. business is resumed without counting the house. As, technically, the house continues sitting, these occurrences are not noted in the journal. Quorum, presence of. — Forty members, including the House Speaker, form the quorum of the house.^ If the absence of ''°"° ^ ' 9 C. J. 560. sixty was not then a sufBoient 2 Also, when the house has met at number, 1 0. J. 364. A motion was ten o'clock to receive a royal assent madeby Mr. Pierrepoint, 18th March,, message, 3rd July, 1891, 18th Aug. 1801, being the first Parliament of 1892, 7 Pari. Deb. 4 B. 450. the United Kingdom, "That Mr, = 12ih June, 1885, 298 H. D. 3 s. Speaker do not take the chair until 1532. at least sixty members are present * On the 17th Feb. 1866, the Lords in the house : " but negatived, 35 sent a message to the Commons, re- Pari. Hist. 1203. In both houses of questing them to continue sitting for Congress, and the greater part of the some time, to which the latter agreed, state legislatures of the United States, theobjeotbeingtoensure the passing » majority of the house forms a ofthe Habeas Corpus Suspension (Ire- quorum. — Gushing, on Legislative land) Bill on that day, 121 C. J. 88. Assemblies, 96. This rule, which = 5th Jan. 1640, 2 ib. 63. "Forty dates from the year 1640, is only one maketh a House of Commons." of usage, and may be altered at Gaudy's Notes of the Long Parlia- pleasure. The rule was suspended ment, MSS. Brit. Miis. "Awhile by order of the house, 1st March, we had a less number present (in the 1793, 48 C. J. 305, for the purpose grand committee on subsidies) than of receiving messages from the Lords forty, which we account, by the relating to procetdings on the trial orders of the house, to be the least of Warren Hastings. And sucli number present at a grand com- messages were received when even mittee," D'Ewes, 5th June, 1641, one member only was present, 48 C. HarleianMSS. From an entry, 20tii J. 305. 310. 660. 804. In 1883, it April, 1607, it would appear that was determined that sittings of the 222 THE QUOEDM OF THE HOUSE. a quorum be proved after four o'clock, the immediate adjournment of the house takes place : ^ but if before four o'clock, presumably under the usage already mentioned (see p. 207), the sitting of the house is suspended until four o'clock, unless forty members be sooner present.^ At that hour, if the number of members in the house remains below forty, the adjournment must take place. At the meeting of the house it is the duty of the Speaker to consider whether a quorum is present : ^ but Chapter VIII. house from twelve o'clock till three, for private busineBS and petitions, might be held with only twenty- members, 88 C. J. 95. 1 First recorded count out, 22ad April, 1729, 21 ib. 351. 2 The importance attached to the hour of four has been said to arise from the provisions of the Acta which required the oaths to be taken be- tween the hours of nine in the morn- ing and four in the afternoon (2 Hatsell, 90) : but is, perhaps, more properly referable to usage ; four o'clock having been the customary hour for the rising of the house when those Acts were passed. In all times, the proceedings of the house have been liable to such interruptions from the engagements or recreations of members. Writing of the grave Long Parliament in 16il, Mr. Pal- grave relates that "one day's 'dis- course' was stopped because 'the Earl of Sti-afford came in his barge to the upper house from the Tower, and divers ran to the east window^ of the house, who, with them that aat by, looked cut at the said windows, and opened them; and otliers quitted their seats with noise and tumult; ' and another sitting was, in like manner, broken up, in ■the very crisis of national anxiety, because such members preferred ' the play-houses and bowling-alleys' to the committee of supply." — Death •of the Earl of Strafford, in Eraser's Maganine for April, 1873, citing D'Ewes Harleian MSS. I have my- self seen the benches nearly deserted during a boat-race, which could be seen from the same east windows, before the great fire of 1834. In Dec. 1648, so many members were in prison, that sometimes there were not enough to make a house, and the Speaker was "obliged to send to the guards to bring in some of their prisoners to make up the number of 40 ; and when the jobb was done, to receive them again into custody," Carte, iv. 601. — Author's note. ' On Wednesday sittings the Speaker takes the chair although a quorum is not present, and the trans- action of business is commenced when the house is made. If, as occasionally happens on a Wednesday morning, the commencement of busi- ness by the house is prevented for some time by the absence of a. quorum, the Speaker can request the Serjeant to inform the members in the committee-rooms that the house is waiting to form a quorum. According to ancient usage, the Speaker used to send the Serjeant with the mace to desire the members attending select committees to attend to help to make a house ; and the committees were dissolved by the presence of the Serjeant with the mace. — (MS. Account of the office and duty of the Serjeant-at-arms attending the House of Commons.) 245 H. D. 3 B. 1500 ; 18th May, 1892, 4 Pari. Deb. 4 s. 1181. THE QUORUM OF THE HOUSE. 223 ^'viil'^ when he has taken the chair, that responsibility rests upon — the house. Accordingly, the only occasion when the Speaker takes the initiative in this matter is immediately after prayers. At that moment, therefore, if the necessity should arise, the Speaker refrains from taking the chair, . and, standing in the place which the Clerk of the house occupies at the table, he counts the house. The Speaker announces that the house is made by taking the chair, if he ascertains that forty members are present : but if that is not the case, he waits, seated in the Clerk's chair, or he retires from the house, either until a quorum is present, or until four o'clock, when, standing on the upper step of the chair, he again counts the house ; and, if a quorum is not present when he has ceased counting, he adjourns the house, without question put, until the next day of sitting ; ^ on a Saturday, therefore, he adjourns the house until Monday.^ After the house has been made, if notice be taken that Hou forty members are not present, the Speaker directs strangers counted out. to withdraw; the two-minute sand-glass upon the table is turned, and members are summoned as if for a division. Then, after the sand-glass has run down, the Speaker proceeds to count the house, the outer door being kept open throughout the proceeding.^ As has been explained, if it be after four o'clock that the absence of a quorum is proved, the Speaker at once adjourns the house until the next sitting day:* but if before that hour, the Speaker takes the Clerk's chair, and the sitting is suspended until four o'clock, unless the requisite number of members has previously appeared in the house.^ The same course of action is followed, if the non-presence of a quorum is proved by the report of the tellers of a division. Authority In the duty respecting the presence of a quorum that presence of of chair' a quorum inan, see p. in com- 365. > 6th Deo. 1884, 140 0. J. 39 ; 1st Speaker said it was the duty of the mittee. June, 1892, 147 ib. 309. Serjeant to keep free access to the ' 78 ib. 8. house, and he believed that duty had ' On the 10th June, 1874, com- been properly discharged, 219 H. D. plaint was made that members had 3 s. 1304. been obstructed on their return to * 128 C. J. 321. the house during a count. The = 100 ib. 721 ; 140 ib. 39. 224 ORDER IN TRANSACTION OF BUSINESS. devolves upon the chairman of a committee of the whole Chapter Vlll. house, he follows, in every respect, the course pursued by the Speaker. If the chairman ascertains that forty mem- bers are not present, he leaves the chair, the house is re- sumed, and, on his report, the Speaker counts the house.^ If forty members be then present, the house again resolves itself into the committee : but if not, the Speaker either suspends the sitting until four o'clock, or adjourns the house forthwith.^ The Speaker has declined to count the house again, when he had recently satisfied himself regarding the presence of forty members.® Nor would he count the house after a question has been put from the chair, as the division will prove the number of members present.* A message A message from the sovereign, or the lords commis- th°™ne^^ sioners, for the purpose of giving the royal assent to bills, makes a makes a house, without regard to the number present. house. T 1 . . Accordingly, when it is known that the attendance of the house in the House of Peers will be desired, the house meets at the time appointed,^ and, if forty members are not present, the Speaker takes the chair of the Clerk of the house; and when the knock of the Black Eod upon the outer door of the house is heard, the Speaker, although forty members are not present, takes the chair, receives the message delivered by the Black Eod, and passes onward to the House of Peers. On his return the Speaker resumes the chair, makes his report to the house ; and, as the house has been made, business may be proceeded with, until, on notice taken, it is proved that forty members are not present. "The Votes Order in the transaction of business. — On the laoming u 2%e Votes oeedingt." following a sitting of the house, the record of the trans- "^i^°" actions of the past sitting, styled " The Votes and Pro- see p- i9». ceedings," is delivered at every member's residence, together with the notice paper of the house, which con- • 101 C. J. 407. ■• 31st July, 1882, 273 ib. 331. " 85 ib. 60, etc. ; 8th July, 1845, = If the oommisaion is not ap- 100 ib. 701. pointed before four o'clock, the house ' 24th July, 1877, 235 H. D. 3 s. may be counted out, 3rd June, 1856, 1771 ; 811 ib. 620. Ill C. J. 232. ORDER IN TRANSACTION OF BUSINESS. 225 "vill*'^ taiiis the appointed business for the next sitting, both private and public, together with the notices of motion which were handed in at the table during the past sitting. On every Saturday during the session each member re- ceives a notice paper which contains all the notices of The notice motion, and orders of the day, that are set down for the '^''^"'' consideration of the house during the remainder of the session;^ and both these notice papers, namely, for the business of the day, and for the business of the session, are placed upon the table during the sitting of the house, and are distributed to members. When the house meets on ordinary occasions, daily AnaDgc prayers having been read (see p. 155), the private and ^^^^^^^ public business of the house is taken in their appointed order: 1. Private business; 2. Public petitions; 3. Un- opposed motions for returns ; and such motions as may be taken either before the commencement, or at the close of public business (see p. 235) ; 4. Motions for leave of ab- sence; 5. Notices of motions; 6. Questions to members; 7. Motions for the adjournment of the house under stand- ing order No. 17 ; 8. Motions at the commencement of public business; followed by the orders of the day, and notices of motions, as set down on the notice paper for that day's sitting. The consideration of these matters, in their appointed Orders of order, is followed by an explanation of the procedure oi^^^^^^'^"' the house regarding the orders of the day (p. 247), and on notices of motions (p. 250) ; the revival of a proceeding taken pff the notice paper by the action of the house (p. 250) ; and the orders and other arrangements made by the house to forward the transaction of business (p. 252). A statement of the practice regarding incidental inter- ruptions that may arise during the transaction of business, and motions relating to privilege, forms the concluding portion of this chapter (p. 256). • Since Feb. 1865, the notice paper 323. The daily printing of the Las comprised the orders of the day notice paper was begun in 1856. for the whole session, 177 H. D. 3 s. P. Q 226 PRIVATE BUSINESS. 1. Private business. — So soon as prayers are concluded, Chapter tlie private business of the house commences by the pre^ sentation of petitions for private bills. Then the Speaker calls upon the Clerk at the table to read the titles of the Procedure private bills appointed for that day's sitting ; and members orders of rise to move the motions relating to private business of '^24'7'' ^^^ which they have given notice, according to the order in which the inotions are arranged on the paper. The notice paper containing the orders of the day, and notices of motions relating to private business, and to pro- visional order bills, is prepared by the Private Bill Office, in pursuance of the provisions of standing orders (Private Business) Nos. 225 and 225a, and of the orders of the house, and under instructions received from the chairman of ways and means, and from the parliamentary agents. Opposed Pursuant to the rule prescribed by standing order No. budness ^^'^ (Private Business) (see p. 694), if an order of the day, or a notice of motion placed upon the notice paper of private business, when read or called on, is met by an announcement, made by a member rising in his place, that it is opposed, the proceeding is deferred until a subse- quent day, which may again be deferred before that day is reached.^ When the member who gave a notice of motion, which has been deferred on account of opposition, materially alters the form of such notice, the motion becomes subject to this rule ; and, if objection be taken, the consideration of the altered motion is again postponed to a future day. On the other hand, when a notice of motion, which had been deferred on account of opposition, appeared the next sitting day upon the notice paper in the same form, but in the name of another member, an objection, that it was therefore a new notice, was overruled.^ When, in breach of an arrangement that the second reading of a private bill should be postponed, by inad- vertence the bill was read a second time, on notice taken » 142 0. J. 286. Bill; Notices, Private Business, pp. ^ Sutton Water Bill, 142 ib. 181. 259. 265 ; Ist and ith April, 1892, 197; Birmingham Corporation Water 147 0. J. 152 ; 3 Pari. Deb. 4 s. 535. business. see p. 243. PEESENTATION OF PETITIONS. 227 ^'vin*' tliereof, the entry of the second reading was read, the proceeding was rendered null and void, and the bill was set down for second reading upon a future day.^ Provisional Motions and orders of the day relating to proTisional Provisional setp.708. °^*'^6'^ ^ills are, when opposed, dealt with by the house in"'^''^'^^'- conformity with the procedure which regulates the trans- action of private business. 2. Presentation of public petitions. — When private business is concluded, the Speaker calls on the members to present petitions who have intimated to him their desire to do so ; or who have entered their names on a list headed " Public Petitions," which is placed on the table of the house. When all the names on the list have been called, any member may rise and present a petition in the interval Commence- between the close of private business and the commence- public ment of public business:^ but not so as to interrupt the giving of notices, or the asking of questions; nor is the public presentation of petitions permitted after five o'clock. Petitions unless they relate to a motion upon the notice paper, or to ceVedafter Buty of an order of the day. In those cases petitions may be pre- '^"'«o'<=lo<=k. 'thTp^ele'^n- sented when the mover of the motion is called on, or when tation of ^^ order of the day is read for the first time, but not after petitions, •' see p. 500. the question consequent thereon has been proposed, or on resuming an adjourned debate.^ 3. Unopposed returns. — From the time when the pre- Motions for sentation of petitions begins, until the commencement of "°(.„''j^°^^^ public business, if the house be not otherwise engaged, motions may be made for unopposed returns of which notice stands upon the notice paper for the day, which, when the house meet? at two o'clock, includes for this purpose the notices set down for the nine o'clock sitting. If a member who desires to make such a motion enters his name upon a paper which lies upon the table, headed *' unopposed returns," his nam« will be called by the ' 19th Feb. 1884, 139 C. J. 57. rarily withdrawn in order to enable a, ^ Speaker's ruling, 19th March, member to present a petition relating 1868, 190 H. D. 3 s. 1893. thereto, 10th April, 1856, Educa- ' On one occasion the motion made tion, 111 C. J. 131. upon an order of the day was tempo- 228 NOTICES OF MOTIONS. Speaker before the time appointed for giving notices of Chapter motions (see p. 230). A member may, if duly authorized, L make this motion, in behalf of another member, in his absence. Before an unopposed return can be moved, the Speaker should be made aware that the department which furnishes the return has notified its consent; and if an order for a return is obtained as unopposed, without such consent, the order may be struck out of the minute books by the Speaker's direction, or on a subsequent day the order may be read and discharged. If a motion for an unopposed return, made during the time before the com- mencement of public business, is opposed, though official consent may have been given, the motion must be deferred until, during the course of the sitting, notices of motions are called on in their regular order. 4. Motions for leave of absence. — These motions, notice having been given (see p. 235), may be moved before the commencement, or after the close, of public business. Mode of 5. Notices of motions. — By a practice dating from the Rules re- notice^ beginning of this century, the terms of a substantive motion, ^^f^ when moved in the House of Commons, should be stated, see p- 263 and printed on the notice paper of the house.^ It is not sufficient, in the case of a substantive motion, or of an amendment on going in to the committee of supply (see p. 571), to 'give notice that attention will be called to a matter, and that a resolution, or a return, or a select com- mittee will be moved thereon, unless the actual terms are stated of the motion that is to be submitted to the house.^ Of charges affecting personal character or conduct, no form of notice is permitted, save a specific notice of a substantive motion, which distinctly formulates the charges (see p. 263). No debate is permitted when notice of an intended motion is given to the house.^ A substantive » 3rcl and 27th Feb. 1806, Lord Speaker allowed Mr. Grey to make a Colchester's Diary, ii. 35. 41 ; 6 H. speech on giving notice of a motion D. 1 s. 229 ; see also 12th March, on the subject of parliamentary re- 1836, 31 H. D. 3 s. 1154. presentation, which was followed by 2 28th March, 1871, 205 lb. 774. a debate. He said to Mr. Pitt, "that " On the 30th April, 1792, the in strictness it was not allowable; NOTICES OP MOTIONS. 229 Chapter motion, as a rule, must be moved by tbe member in whose name the notice stands (see p. 250). No notice of motion may be fixed, under standing order Extent of No. 19, for a day which lies beyond the interval of time '"'*'°^" included within the "four days next following on which Appendix, notices hare precedence ; due allowance being made for ^' ^^^' any intervening adjournment of the house." Tuesday is the day on which notices of motions have precedence over the orders of the day (see p. 246) ; and for the purposes of this rule, Friday, when amendments can be moved on going into the committee of supply, is also held to be a day on which notices have precedence.^ Following this method of computation, no notice can be given for a day beyond the fourth Tuesday or Friday that occurs after the day on which the notice is given in the house. The " due allowance " in that calculation " for any intervening adjournment of the house," permitted by the standing order, is designed to meet the occasion of a lengthened adjournment of the house, such as an Easter or Whitsuntide adjournment. Under this provision, so ■soon as the motion for the adjournment is agreed to, notice can be given for any Tuesday or Friday which is not beyond the fourth Tuesday or Friday upon which the house will sit, including in that calculation such Tuesdays and Fridays as occur after the conclusion of the period of adjournment. Thus, for example, if it be intended, on the Thursday, to move the adjournment of the house until the Monday next after Easter Monday, a member cannot, on the preceding Tuesday, give notice for a day beyond the fourth Tuesday in advance : but so soon as the house has agreed, on Thursday, to adjourn, at its rising, over the next ten days, notices may be given for the four next notice days which occur after the adjournment. but that it was the spirit of his duty stopped by the Speaker, 212 H. D. io consult the wishes of the house," 3 s. 698. And so again 7th July, Lord Sidmouth's Life, 88. On the 1876, 230 ib. 1135 ; 28th June, 1887, 5th July, 1872, a, member, on rising 816 ib. 1222. *o give a notice, proposed to raise a ^ 191 ib. 20. 53. debate thereon, but was at once 230 NOTICES OF MOTIONS. Notice of Public notice may be given of an intended motion, if the Chapter boVgiTen. ti^e of the house be not otherwise engaged, after the con- ' sideration of private business is concluded, and before the commencement of public business, or subsequently, after the close of public business. Notices of motion may also q^^^^^ ^. be given at any time during the sitting of the house, "" ""''"^ . . . . . : P^Per, see- by delivering the terms of the motion, in writing, at the p. 247. table.i If a member desires to obtain precedence upon the day when he proposes to bring on a notice of motion, he enters his name on the ballot paper, virhich is, at the meeting of the house, placed upon the table for that purpose. Notice may be given in behalf of a member, at that moment absent from the house ; ^ and in that case, the member who gives the notice enters upon the paper the name of the member for whom he acts, answers for him when the name is called, and delivers at the table the written notice in his behalf. The name or signature of a member must not appear more than once upon the ballot paper. Notices on -A-S has been mentioned (p. 170), it is at four o'clock that day o?a *^® house, on the opening day of a session, resumes the session. transaction of business ; and the ballot for notices of motion on the first day of a session is accordingly taken at half- past four o'clock. Members of the government can claim priority in giving notice, whenever they make announce- ments relative to public business ; and on the first day of the session they give their notices before the ballot.' But they do not avail themselves of this privilege to anticipate other members on the Tuesday or Wednesday sittings,. • On the nth April, 1854 (the last vilege gave ininisters a strategic ad- day before the Easter recess), it was vantage over their opponents. Mr.- ordered "that members wishing to Gladstone desired to give notice of move amendments to the Oxford an amendment for the 28th, on going University Bill, do send them to the into committee to consider resolutions Clerk of the house on or before Mon- on the representation of the people ^ day.the 24th day of this instant April, but before the ballot, he was antici- and that the same be printed and pated by the chancellor of the ex- circulated with the votes." chequer, who rose and announced, ' 27th April, 1843, 68 H. D. 3 s. with reference to public business, ^'"'2. that he should not ask the house to ' On the 26th Feb. 1867, this pri- proceed with that committee. BALLOT FOE NOTICES. 231 Copter days that are set apart for the business of unofficial '- — members (see p. 246). When the house meets at three o'clock, if private busi- Ballot for ness is concluded, the ballot takes place at half-past three, °°''™'' or at a quarter past towards the close of the session. At other sittings of the house the ballot is taken immediately- after the close of private business, or, if no private business is set down for consideration, so soon after prayers as suits the convenience of the house. Numbers are assigned by the ballot paper to the names The taking or signatures of the members intending to give a notice, ' ^ * "*' and slips of paper bearing corresponding numbers are folded up and placed in the ballot box. When the Speaker has called on members to give their notices of motions, the clerk assistant, having shuffled the slips of paper, draws them out, one by one, and notifies to the house the number that has been drawn out.^ The Speaker thereupon an- nounces the name of the member to whose signature that number is attached upon the ballot paper ; and, following the Speaker's call, each member, in his turn, rises and states the notice which he gives, and the day that he has To secure chosen for the motion. He afterwards hands to the second the'^n^^'^ clerk assistant the notice, fairly written out, specifying the must be day for which the notice is given. When the ballot paper the notice has been called over, members whose names were thereon, ^pmker's ^^^ other members, may give further notices. statement, Jfoticc of a motion may be given in general terms. Terms of ISth Jane, . i i i ■ i i . m f 1893. unless it involves a personal charge, and, with this excep- ™°"<'°- tion, it is not necessary that the written notice should originally comprise all the words of the intended motion : but if the subject be generally stated in the first instance, a notice of the motion, precisely as it is intended to be proposed, should be delivered at the table some days before, or, at latest, during the sitting preceding the day appointed ' In 1876, attention being called condemned from the chair aa irre- to a combination by several members gular, and an evasion of the rules to give notice of the same motion, to of the house, 9th March, and 19th secure an undue priority for that and 22nd June, 1876, 227 H. D. 3 s. motion in the ballot, the practice was 1718 ; 230 ib. 14. 260 ; 277 ib. 376. 232 IREEGULAB NOTICES. for the motion.^ And this practice applies to notices of Chapter amendments on going into committee of supply, which in this respect are treated as motions (see p. 574). Change of A modification of a notice of motion standing upon the Uotim svi- mZn! notice paper is permitted, if the amended notice does not f ^f^'^ ^<"' exceed the scope of the original notice. If a motion ismtMmwn, ■^ ^ „ , see -p. 266. proposed, which differs materially from the terms of the notice, it can only be made with the consent of the house, or upon a renewal of the notice.^ No positive rule has been laid down as to the time which should elapse between the notice and the motion:^ but some interval is generally assigned to motions that may provoke debate. Notices of motions for leave to bring in bills, or for other matters to which probably no opposition will arise, are frequently given during the day before the sitting on which they are submitted to the house. Notices, unless consequent on government business (see p. 249), cannot be given during a two o'clock sitting for the nine o'clock meeting of the house.* Change of Should a member desire to change the day for which he sam mie, motion ^^^* S^-^e notice, he must defer the notice to a niore distant j^^jjf day, it being irregular to fix an earlier day than that =«« P- 2*9- originally chosen;^ nor can this rule be evaded by changing the motion into an amendment to another question. Irregular -A-S the notice paper is published by authority of the jif(,j,„„s notices. house, a notice of a motion or of a question to be put to a''f*™" ' _ _ ^ _ ^ turns m, member, containing unbecoming expressions, infringing its see p. 263. rules, or otherwise irregular, may, under the Speaker's authority, be corrected by the clerks at the table.® These alterations, if it be necessary, are submitted to the Speaker, ■ Vote of thanks for services in ib. 630. India, 8tli Feb. 1858, Ii8 H. D. 3 s. ' Mirror of Pari. 1835, p. 275 ; 122 865. H. D. 3 s. 959; 154: ib. 537; 21 ib. ^ 148 ib. 719; 161 ib. 854; Fiji 225; 30 ib. 8. Islands, 26th June, 1872, 212 ib. ° 188 ib. 1066; 206 ib. 468; 207 219 ; Church Patronage, 1877, 132 ib. 1881 ; 212 ib. 700 ; 223 ib. 607 ; C.J. 301. 24th May, 1878, 240 ib. 643; 5th ' 16th June, 1871, 207 H. D. 3 s. 143. July, 1880, 253 ib. 1632 ; 16th ^nne, * So ruled- 9th July, 1861, 164 1882, 270 ib. 1409. MOTIONS WITHOUT NOTICE. 233 Chapter vni. Notice of ■amend- ments to bills, see p. 451. Amend- requmng notice, see p. 275. or to the member who gave the notice. A notice wholly . out of order, as, for instance, containing a reflection on a vote of the house,^ may be withheld from publication on the notice paper, or, if the irregularity be not extreme, the notice is printed, and reserved for future consideration ; though, in such cases, it is not the duty of the clerks at the table to inform the member who gave the notice, of an informality that it may contain.^ When a notice, publicly given, is obviously irregular or unbecoming, the Speaker has interposed, and the notice is not received in that form ; ^ and he has also directed that a notice of motion should not be printed, as being obviously designed merely to give annoyance.* If an objection be raised to a notice of motion upon the notice paper, the Speaker decides as to its regularity ; and, if the objection be sustained, the notice will be amended or withdrawn.^ The house has also, by order, directed that a notice of motion be taken off the notice paper.^ Except in the case of an unopposed return, a motion for a leave of absence, and of a notice standing in the name of a member of the government, which may be moved by a colleague (see p. 250), no notice of motion, or amendment which requires notice, can be moved by a member other than the member in whose name the notice stands. Motions made without notice. — The house can waive the Waiver of Tint 106 right of requiring notice for a substantive motion, if the motion is moved under the sanction of the chair and with the general concurrence of the house. Of this usage the > 20th July, 1888, 329 H. D. 3 s. 158. = 7th April, 1892, Mr. Speaker's ruling ; communioation regarding an irregular question is made to mem- bers if the pressure of business per- mits, 16th June, 1882, 270 H. D. 3 a. 1409 ; let April, 1887, 313 ib. 232-234. » 12th Feb. 1861, 161 H. D. 3 s. 342 ; Mr. Rearden's notice, 22nd May, 1868, 192 ib. 711; 212 ib. 706; 223 ib. 607; Dr. Kenealy, 5th April, 1878, 239 ib. 669; and similar cases, 15th July and 25th Aug. 1881, and 2nd Nov, 1882, 263 ib. 1012; 265 ib. 880; 274 ib. 632. * Notice of a return of the convic- tion of Mr. King-Harman for an assault, 21st Feb. 1888, Mr. Speaker's ruling. = 228 H. D. 3 !i. 1183 ; 250 ib. 1313 ; 267 ib. 388. « 90 C. J. 435. 234 MOTIONS WITHOUT NOTICE. following illustrations can be cited, taken from motions Chapter relating to public business. The house, 6th May, 1836, by- general concurrence, resolved itself into the committee of ways and means to receive the financial statement of the session, although the order for that committee had not been appointed for that day.^ Motions have been made without notice, whiclx altered the time when the next sitting of the house was held, or which regulated the adjournment of the house,^ or gave precedence either to orders of the day or to notices of motions, such motions being made either at the close of the sitting prior to the day when the order would operate, or at the opening thereof.^ So also, without previous notice, the standing jvoto of order regulating a "Wednesday sitting was read and sus- "f^™,^" pended upon the foregoing Tuesday ; and in like manner, orders, see on a Friday, an order was made whereby priority was given to the consideration of a bill at nine o'clock, over the order of the day for the committee of supply.* A notice of motion which stood on the notice paper for the day's sitting, to be taken at nine o'clock, has been moved at the commencement of the two o'clock sitting ; ^ and, as is men- tioned elsewhere (see p. 577), estimates were considered in the committee of supply, without the customary notice.^ A motion to give immediate effect to a resolution of the house has also been moved without notice ; for instance, when the house having rescinded and discharged the order for the appointment of a select committee, an order was g^^ ^^^^ made immediately for the reappointment of the committee "ii'*«'»s withdrawn, with altered terms of reference ; ' and a motion to rescind p. 266. the committal of a bill to a standing committee was made in like manner.^ » 91 0. J. 330. * 120 ib. 449 ; 122 ib. 365. 2 133 ib. 355. 397 ; 146 ib. 410 ; ' 27th July, 1875, 226 H. D. 3 s. 147 ib. 137. The resolution, 11th 94. 127; 133 C. J. 183. Feb. 1893, that the Speaker should ' See also Mr. Duoane's motion, adjourn the house without question 156 H. D. 3 s. 1473.. put, was moved without notice. ' Committee Conventual Institu- = 107 C. J. 320 ; 10th Feb. 1880, tious, 2nd May, 1870, 201 ib. 79. 250 H. D. 3 8. 386 ; 9th May, 1892, » Employers' Liability Bill, 4th 147 0. J. 229. May, 1893. MOTIONS WITH NOTICE. 235 Chapter Certain formal iQotions which are necessary for the due Formal - transaction of business are also made without notice, before maarwith- ment of ' ^^^ commencement, or after the close of public business, ""* notice. !r*'"^*o!.o such as motions for a new writ (see p. 598); for the first Order's, &c., see p. 243. _ \ r / > > i^oj-ma? mo- reading of bills received from the House of Lords (see ' thTinter^ p. 441) ; for the consideration of Lords' amendments forth- S'*™ "■^ with, or upon a future day (see p. 475) ; for the postpone- p. 210. ment, the discharge, or the revipal of an order of the day (see p. 250) ; for the presentation of a new bill in lieu of a bill for which the order has been discharged (see p. 444) ; for the appointment of a committee, upon a future day, to consider a charge upon the public exchequer (see p. 528) > for returns or papers to be presented forthwith (see p. 512). On the presentation of a petition for the production of evidence in the possession of the house (see p. 407), unless objection be taken, a motion is made thereon to carry out the object of the petitioners.^ Motions arising out of a matter of privilege (see p. 258), or to appoint a committee on a matter of privilege (see p. 383), are also moved without notice.^ ifoUce Motions of which notice is requisite. — Previous notice of Notice ' • under suspension certain motions is prescribed by the standing orders, standing Of SbOiJiiUilTlCj J -vr orders, namely, notice must be given of new clauses on the report gg "^ l^l p. 145. of a bill ; of a motion or an amendment regarding the nomi- P™'^'^' |P' nation of members for service on select committees, or for Nomination constituting a Select committee of more than fifteen mem- committees bors ; of a proposed addition to a committee (see p. 383); nofee"* on ^^^ ^°'' *^® circulation of a petition with the notice paper privilege gf ^-^^ Ijo^^gg /gge p. 505). cases, see \ i. / p. 383 ; Pursuant to established usage, notice is requisite in the Notice to draw up „ ,, . i j.- i- i -under reasons, following cases, namely, a motion granting leave ot ^^ags. ^'"''^^l absence to a member : to discharge a member from attend- Eules, amend- ' _ „ , Orders, &c.,. ments, see auce on a Select committee,^ when not moved pursuant to No. 363. p. 479 ; ^ on restitu- tion bills, ' 12th June, 1882, 270 H. D. 3 s. ^ For restrictionon motions affect- see p. 435. 805. ing the service of memhers on select ' No notice can be given of an committees who have heen nomi- intention to move the adjournment nated by the committee of selection, of the house under standing order see p. 382. No. 17 (see p. 240). 236 QUESTIONS TO MEMBEES. Notices of questions. S. 0. 20, Appendix, p. 826. Questions to tlie Speaker. the report of a committee ; an amendment to the question for going into the committee of supply (see p. 571) ; an instruction to a committee, and an amendment which en- larges the scope of an instruction (see p. 445) ; and motions to rescind a resolution of the house, or to expunge or alter the form of an entry in " The Votes and Proceedings," except under certain conditions, as in the case of a privilege motion (see p. 287). 6. Questions put to members. — Notice of a question to a member is usually placed upon the notice paper,^ unless the question relates to a matter of urgency or to the course of public business. The custom, formerly in vogue, of giving notice of questions by reading the question aloud, is, under standing order No. 20, no longer allowed. Consequently, notice of a question is given by delivering the terms thereof in writing to the clerks at the table, though, the sanction of the Speaker having been first obtained, a notice of a question may be read to the house. Irregularities in a notice -of a question are dealt with in the manner adopted regarding notices of motions (see p. 232), and are corrected at the table, or reserved for consideration.^ By the Speaker's order, when the number of questions addressed by a member to a minister exceeded a reasonable limit, the notices have been removed ; ^ and questions of excessive length have not been permitted.* The Speaker also has called the attention of the house to an alteration made by his direction in a question.^ As regards questions addressed to the Speaker, no written or public notice of such a question is permissible ; nor can any appeal be Chapter vni. Notice of resolutions in comr mittees of the whole honse, see p. 363. Questions o« first day of new session, see p. 170. Irregular stopped by Mr. see p. 853. > For the earliest known example of a question put in Parliament, see n. 1, p. 206. It was not until 1849 that a special place was assigned to questions on the notice paper. No example of a printed question exists before 27th Feb. and 25th March, 1835. " 24th May, 1878, Dr. Kenealy, 212 H. D. 3 s. 700 ; 223 ib. 607; 240 ib. 651 ; 15th July, 25th Aug. 1881, 263 ib. 1012 ; 265 ib. 880 ; 2nd Nov. 1882, 274 ib. 632; 1st April, 1887, 313 ib. 232-234. ' See twenty-eight notices of ques- tions placed by a member on the notice paper, 19th March, 1890, re- moved owing to a communication from the Speaker. ' 26th July, 1887, 318 H. D. 3 s. 43. ' 12th Feb. 1861, 161 ib. 342. QUESTIONS TO MEMBERS. 237 Chapter made to the chair by a question, save on points of order ■ as they arise, or on a matter which urgently concerns the proceedings of the house.^ Questions addressed to ministers should relate to the Questions public affairs with which they are ofBcially connected, ter"'°'^' to proceedings pending in Parliament, or to any matter of administration for which the minister is responsible. Within these lines an explanation can be sought regarding the intentions of the gOTernment, but not for an expression of their opinion upon matters of policy.^ An answer to a question cannot be insisted upon, if the answer be refused by a minister on the ground of the public interest ; ^ nor can Questions the question be replaced upon the notice paper. Questions answered, may be asked of the ministers who are the confidential ^'° P' ' advisers of the Crown, regarding matters relating to those public duties for which the sovereign is responsible : but no question can be put which brings the name of the sovereign or the influence of the Crown directly before Parliament, or which casts reflections upon the sovereign.* By usage also questions may be addressed to members who are placed on royal commissions, or are trustees of the British Museum, if relevant to their official duties or position.^ This usage, which formerly included members of the Metropolitan Board of Works, is not extended to members of the London County Council,^ nor to members of the London School Board. Questions addressed to unofficial members must relate to Questions a bill, motion, or other matter connected with the business bers.*^ • 155 H. D. 3 s. 870 ; 198 ib. 368 ; " 22nd May, 1863, 192 H. D. 3 s. 17th May, 1881, 261 ib. 695 ; 3rd and 711 ; 5th Aug. 1887, 318 ib. 1373. 6th July, 1882, 271 ib. 1261 1622 ; = To the chairman or other mem- 24th March, 1884, 286 ib. 616. bers of royal commissions, 18th Feb., ^ See Speaker's ruling, 22ud Feb. 12th March, 1868, 12th April, 1869, 1849, 102 H. D. 3 s. 1100, and 155 ib. 15th Feb., 11th April, 30th June, 1345; 203 ib. 242; 204 ib. 1764; 1870, 28th March and 25th May, and 22nd May, 1862, 166 ib. 2027; 1871. To trustees of the British 29th April, 1864, 174 ib. 1914 ; 17th Museum, 26th April, 1869, 6th and Deo. 1878 ; 23rd June, 1879, 247 ib. 16th May, 1870, 234 H. D. 3 s. 1239 ; 430. See also p. 853. 235 ib. 684. = 15th Feb. 1872, 209 H. D. 3 s. " 25th March, 1889, 334 ib. 712. 466; 20th Aug. 1883, 283 ib. 1350. 238 QUESTIONS TO MEMBERS. of the house in which such members are concerned;^ though Chapter . VIII. a question addressed to a member, the leader of the opposi- ^ tion, inquiring the course he intended to adopt regarding a motion by the government, was not allowed.^ Although questions may not be asked regarding statements made by members outside the house,^ a question to an unofficial member has been permitted regarding a circumstance alleged to have happened outside Parliament, because it impugned the veracity of a member in respect to a state- ment made by him in the house.* Questions The purpose of a question is to obtain information, and tahi'arg™" ^^^ ^° Supply it to the house.^ A question may not con- ment, &c., ^a,in statements of facts, unless they be necessary to make nor to . , create de- the question intelligible, and can be authenticated ; nor should a question contain arguments, inferences, impu- tations, epithets, nor ironical expressions. Nor may a question refer to debates, or answers to questions in the current session.^ Discussion in anticipation upon an order of the day or other matter, by means of a question, is not per- mitted;' nor can a question be asked regarding proceedings in a committee which have not been placed before the house by a report from the committee.^ A question cannot be placed upon the notice paper which publishes the names of persons or statements not strictly necessary to render the question intelligible.® The expression of an opinion cannot be sought for by a question, nor the solution of an abstract legal case, or of a hypothetical proposition. Nor is it in order to ask merely whether certain things, such as statements made in a newspaper, are true : but attention may be drawn to such > 29th April, 1864, 174 H. D. 3 s. Baring); 4th, 11th, and 18th May, 1914; 192 ib. 717. 1855, 17th July, 1857, 25th Aug. 2 28th June, 1880, 253 ib. 974. i860, 160 ib. 1827 ; 6th May, 1864, = 8th Feb. 1872,209 ib. 141; 175 H. D. 3 s. 101 ; 14th July, 1870, 27th April, 1876, 228 ib. 1758 ; 3rd 203 ib. 242 ; 10th March, 1871, 204 April, 1882, 268 ib. 556; 5th Aug. ib. 1764; 206 ib. 1602; 208 ib. 781. 1887, 318 ib. 1382. 733. 842 ; 210 ib. 1088 ; 247 ib. 430 ; < 19th April, 1887, 313 ib. 1249. 270 ib. 1132. ° The Speaker, Times, 11th March, 7 228 ib. 1557. 1766 ^^^^- * 2lBt June, 1883, 280 ib. 1147. ' H. D. 12th June, 1853 (Sir F. » 5th j„iy, isso, 253 ib. 1632. MANNER OP PUTTING QUESTIONS. 239 Chapter statements, if the member, who puts the question, makes himself responsible for their accuracy.'' No question can Questions, be asked which reflects on the character or conduct of^^^j.°"tg^ those persons whose conduct, as stated on p. 263, can only be dealt with on a substantive motion ; ^ and for the same reason, a question is not permitted, which makes or implies charges of a personal character.^ Nor can any question be asked regarding character or conduct except o£ persons in their official or public capacity. In 1880, the practice of reading questions was discon- Manner of tinned, and the usage was established that members should questL^ns. put their questions by referring to the number it bears upon the notice paper.* The Speaker calls on the members who have given notices of questions immediately before public business is entered upon, and after the ballot for notices of motions. As each member is called, he rises to put the question, or another member may do so at his request ; and, without such request, a question should not be asked by a member who has not given notice of the question ; ^ although in case the member responsible for a question does not answer to the Speaker's call, a minister may rise and make such statement upon the question as the public interest de- mands. In like manner, a member, other than the member in whose name a question stands, which contains allega- tions affecting personal character or conduct, and therefore requiring prompt reply, may ask for an answer to the question,® or a statement may be made thereon, although the question is not asked. Sometimes replies have been given to questions addressed to ministers on a previous day, without a repetition of the question. An answer should be confined to the points contained Answers to in the question, with such explanation only as renders the ^"^^''°'^^- • 14th June, 1882, 270 H. D. S s. 210 ib. 35-39 ; 7th Fob. 1887, 310 ib. 1132 ; 26th Jan. 1886, 302 ib. 422. 763. " See Mr. Speaker's observations, ' 253 ib. 1920 ; 255 ib. 311. 210 ib. 39 ; 213 ib. 554. ' 5th June, 1888, 279 ib. 1756. 3 23r(i Feb. 1848, 96 ib. 1206; 11th « 1st April, 1886, 304 ib. 437. and 15th March, 1872, 209 ib. 1761 ; 240 MOTIONS FOE ADJOUKNMENT. Former Present iisage. S. 0. 17, Appendix, p. 826. answer intelligible, though a certain latitude is permitted "^^P'*' to ministers of the Grown ; ^ and further questions, without '— debate or comment, may, within due limits, be addressed to them, which are necessary for the elucidation of the answers that they have given.^ The Speaker has called the attention of the house to the inconvenience that arises from an excessive demand for further replies,* and, to hinder the practice, he has occasionally felt it necessary to call upon the member in whose name the next question stands upon the notice paper, to put his question* A question fully answered cannot be renewed.^ 7. Motions for the adjournment of the house before the commencement of publio business. — According to past usagOj it was in the power of two members to move, and second, a motion for the adjournment of the house, rising for that purpose either whilst questions to members were being put, or at any moment before the commencement of public busi- ness, and to raise thereon a general debate. Experience impressed upon the house the necessity of placing upon that power some restrictions.^ Accordingly, in 1882, standing order No. 17 was passed, and the follow- ing procedure and practice have been founded thereon. A motion for the adjournment of the house for the purpose of raising debate, may only be made when all the questions to members upon the notice paper have been disposed of, and before the commencement of public busi- Commence- ness. The member who desires to make such motion, ^f,' "/ . ' pvhha mst- having previously delivered to the Speaker a notice in "«ss, see p. writing of the definite matter of urgent public importance which is to be discussed,'' rises in his place, and asks leave Reply ly to move for that purpose the adjournment of the house, ""qs ^'^ ' 161 H. D. 3 s. 497 ; 174 ib. 1423 ; 209 ib. 466; 210 ib. 153. 596; 240 ib. 1617; 241 ib. 964. 2 211 ib. 1994 ; 212 ib. 298. 1624. ' 10th July, 1884, 290 ib. 686; 22nd March, 1886, 303 ib. 1503 ; 29th Aug. and 6th Sept. 1887, 320 ib. 279. 1360 ; 6th March, 1888, 323 ib. 374 ; 13th June, 1892, 5 Pari. Deb. 4 s.551. * 6th March, 1888, 823 H. D. 3 s. 374. ' 225 ib. 792. 952. 1142; 235 ib. 1797 ; 5th April, 1878, ib. 239 ; 7th March, 1884, 285 ib. 877. « 233 ib. 978; 234 ib. 33. 1301; 237 ib. 1539; 238 ib. 1951; 241 ib. 130. ' 30th Nov. 1882, 275 ib. 407. MOTIONS FOE ADJOURNMENT. 241 Chapter If tl^e leave of the house be not unanimously given, the . Speaker desires those members who support the motion to rise in their places; and if forty or more members rise accordingly, the Speaker calls on the member to make the motion. If, however, fewer than forty mem- bers, and not less than ten have so risen, the member may, if he thinks fit, demand a division, upon question put forthwith, to determine whether such motion may be made.^ A motion under standing order No. 17 must be restricted Rules to a single specific matter of recent occurrence ; ^ and as motTons'for the matter to be discussed must be of an urgent nature, a were ruled to be out of order.^ So also the debates of Orde^-s,&c., the same session, or the terms of a bill before the House of Lords ;^ a matter of privilege or order;' or matters debatable only upon a substantive motion, cannot be sub- mitted to the house under this standing order (see p. 263). The provisions of standing order No. 17, which prescribe that a motion for the adjournment of the house cannot be made until the questions to members set down for the sitting are disposed of, do not preclude a motion for the immediate adjournment of the house made by a minister of the Crown, at any time before the commencement of public business, if occasion for the motion has arisen.** ' 8th July, ] 889, 337 H. D. 3 s. 1697. (private). ^ 23rd March, 1891, Speaker's ml- " Newfoundland Fisheries Bill, ing (private). sess. 1891, Speaker's ruling (private).' ' 12th June, 1890, 345 H.D. 3 s. 738. ' 154 H. B. 3 s. 445. • 341 ib. 1522. 8 6th Deo. 1884, 294 ib. 843-847 = 339 ib. 1669; Speaker's ruling MOTIONS AT COMMENCEMENT OP BUSINESS. 243 Chapter Commencement of pvhlie husiness. — Public business com- mences when the Speaker has called the member in charge of the first motion appointed to be taken at the commence- ment of public business, or which stands first upon the notice paper, or upon the Clerk, to read an order of the day. Consequently, after the Speaker's call, no motion can be made for the adjournment of the house under standing order No. 17; nor, until the business set down for that sitting is. concluded, can a notice be given, or, save with the indulgence of the house, can a question be asked. 8. Motions, &c., at the commencement of public husiness. — All motions relating to the business of the house, set down for consideration at the commencement of public Previous busiucss, must stand in the name of a minister of the permissible Crown, except, by custom, the motion for the adjournment Zotions ^^ *^® house over the Derby day.^ These motions are see p. 269. placed in the following order : — Firstly. Whenever, to meet the requirements of public business, immediate action on the part of the house is needed, upon an order obtained by a minister, orders of the day relating to the stages of a bill, such as a Consoli- dated Fund Bill, or to the consideration of a resolution on which the introduction of a bill is founded, are set down at the commencement of public business before all other orders of the day, or notices of motions.^ Secondly. Motions relating to the business, or the arrange- ments of the house, come next in order upon the notice motions, see paper ; and a motion for a vote of thanks, when moved V- 256. i^y. ^ minister of the Crown,^ is placed among these Rules, Orders, &c., No. 139. Amend- ments to Precedence given by order to govern- ment bills. Rules, Orders, &c. , No. 110. Motions relating to the trans- action of business. ' 3rd June, 187S, 240 H. D. 3 s. 1076. 1171; 306 ib. 34; 136 0. J. 276, &o.; 10th May, 1883, 279 H. D. 3 s. 419; see Mr. Bentinok's motion, notice paper, 13th July, 1871. ' Exchequer Bills Bill, and Ways and Means Eeport, 109 C. J. 226; Annuities Bill, 111 ib. 220 ; Oaths Bill, 113 ib. 167; Tobacco Duties Bill, third reading, 23rd March, 1863, 118 ib. 130; 145 ib. 213. 214; 146 ib. 343 ; 147 ib. 127 ; Consolidated Fund Bill, third reading, 28th Mai'oh, 1873, Friday, 27th March, 1874, Friday, 24th March, 1876, Friday, 24th March, 1882 ; Elementary Education Bill, 9th June, 1891, 146 ib. 343; also 31st March, 1868, 191 H. D. 3 3. 573; 24th March, 1876, 228 ib. 564; 354 ib. 31 ; Wednesday, 22nd March, 1893. ' 15th May, 1884, 288 ib. 434. Operations in India, 8th Feb. 1858, 244 THE COTJESE OF BUSINESS. motions.^ These motions haye precedence over any bill Chapter or other matter to which the house, by order, has given . precedence over all the other orders of the day and notices of motions.* Motions Thirdly. Pursuant to standing order No. 16, motions for to's."o?i6 leave to bring in bills, and for the nomination of select ■'^PP™^''^' committees, are set down at the commencement of public p. 826. business after the foregoing motions. The standing order sets apart for this purpose, Tuesdays and Fridays for un- official members, and Mondays and Thursdays for members of the government. Such bills must be presumably non- contentious ; ^ and when such motions are opposed, the Speaker, after permitting, if he thinks fit, a brief expla- natory statement from the member who moves, and from the member who opposes the motion, puts the question thereon without further debate,* or else the question that the debate be now adjourned.^ The Speaker, pursuant to the standing order, reserves to himself the power of pro- posing the question for an adjournment of th6 debate, and only permits a brief reply to a speech from an opposer of the motion.^ Motions and orders of the day touching a matter of privi- Primkge lege are placed upon the notice paper after these motions, ^'f^gs, and before the appointed business of the sitting.'' Orders of The Ordinary eowrse of business. — The ordinary public noticoJof * business of the house consists of orders of the day, i.e. a motions, bill or Other matter which the house has ordered to be 148 ib. 865 ; Afghanistan, 4th Aug. other notices of motion. Motion, See ad- 1879, 134 C. J. 397. 12th April, 1892, fixing the adjourn- jmmrrmt ■ Although, as a rule, previous ment till 24th April at the conolu- oftliehme, notice is given of motions relating sion of the sitting, 147 C. J. 182 ; P" ^^^' to the business of the house, previous also motion, 24th March, 1891, 146 notice is not essential in the case of ib. 178. motions for the adjournment of the ' 187 ib. 492; 14tb May, 1887, 316 house over Christmas, Easter, or H. D. 3 s. 60. Whitsuntide holidays (4th Deo. 1884, » 6th March, 1893, Speaker's ruling, 4th April, 1871, 19th April, 1886, Duration of Parliament Bill. 13th May, 1869, 11th May, 1880, 15th * 15th March, 1892, 147 0. J. 105. May, 1891); and If notice is given = 10th Feb. 1891, 146 ib. 81. of such motions, the notice may be ' 14th July, 1893, 346 H. D, 8 s. placed either at the commencement 1615. of public business, or among the ' 252 ib. 422. 438. THE COURSE OF BUSINESS. 245 ^vm*' ^^^^^ ii^to consideration on a particular day ; and notices of motions. The relative precedence of orders of the day, and of notices of motions, is prescribed by the standing orders, or s. o. 2. 4. by such orders as the house may make from time to time. Appendix ' According to the arrangement prescribed by the stand- EL^^*" ing orders, upon Monday, Wednesday, Thursday, Friday, and two o'clock sittings, orders of the day are disposed of before notices of motions, not being motions set down at the commencement of public business.^ Upon Tuesdays, the notices of motions which are placed upon the notice paper for that sitting, are considered before the orders of the day. The orders of the day set down for Tuesday or Wednesday are usually, but not exclusively, the orders in the charge of unofficial members.^ By established usage, orders of the day are taken first when the house sits upon a Saturday. The days on which government business has precedence ^ Sittings are Monday, Thursday, Friday, and Saturday, when the for^g "yem- orders of the day or notices of motions are placed in such "'^°* ^"^'' J r ness. sequence as the government may think fit, before other business set down upon the notice paper for those sittings ; * subject, on a Friday, to the priority of motions set down by unofficial members at the commencement of public business (see p. 244), and of the order of the day for the committees of supply or ways and means (see p. 246). When the house meets at two o'clock, subject to the power given to unofficial members by standing order No. 16, priority is given to government business, until the seven o'clock suspension of business takes place, ' The first resolution giving pre- lowing order, 15tli Nov. 1670 : " That cedenoe to orders of the day was lu Mondays and Fridays be appointed 1811, and applied to Monday and for the only sitting of committees to Friday only, 66 0. J. 148; 19 H. D. whom public bills are committed ; 106. 244. In 1835, it was extended and that no private committee do sit to Wednesday. on the said days," 9 C. J. 164 ; see ' 117 H. D. 3 B. 1150. 1254; 212 also 1 ib. 523. 640 (Committee of db. 22. 704. Grievances, 1621). ' The origin of government nights * Government bills on Saturdays, may probably be traced to the fol- 9th Aug. 1878, 242 H. D. 3 s. 1640. 246 THE COXJKSE OP BUSINESS. Orders of Priority, thereforCj is giren on Wednesdays to the orders Chapter motions of of the day of unofficial members, and on Tuesdays to L_ members ^^^^^ notices of motions, and to their orders of the day, after such motions or orders as may be appointed for the commencement of public business. The Friday sitting is also practically placed at the disposal of unofficial members, as, unless the house shall otherwise order, while the committees of supply and ways and means are open, the first order of the day on Friday must be either supply g^p^j^ ^ or ways and means, and on that order being read, the-^^'^S''' ° . ' see p. 576, question must be proposed for the Speaker's leaving the a. 0. 11, chair. Friday is, in consequence, devoted to the motions p.^'sls. "'' of unofficial members, their motions assuming the form of amendments on going into committee of supply, with a Adjourn- contingent residue of time for the consideration of govern- j^^/y'^ ment business; and on this occasion an exception is meiAe^'>^^y' ' ■'^ _ see p. 220. to the rule that government tellers should act, in support of the question that the Speaker should leave the chair for that committee, in case a division be taken thereon.^ Order of When two o'clock sittings are held, the orders of the day two o^clock ^^^ notices of motions which would otherwise have been sittings, brought forward at the three o'clock sitting, are placed upon the notice paper for the nine o'clock sitting of the house. Notices of motions, previously appointed for a Tuesday, are therefore set down upon the notice paper for the nine o'clock sitting; and the committee of supply is placed first order for the sitting on Friday evening.^ Bills and motions of unofficial memhers on government sittings. — Orders of the day in charge of unofficial members may be set down for every sitting devoted to government business, subject to the rights of the govern- g^^^^^y ment, and to an arrangement usually made, on sittings on situngs . . . ° . . -, subject to- special occasions, such as a sitting on Saturday, that the s. 0. 2. 3, see p. 255, ' Mail Contracts, 12th March, also 138 ib. 154. 167; Contagious 1869, 124 C. J. 80 ; Monastic Insti- Diseases Acts, 20th April, 1883, 278 tutions, 31st March, 1876, 131 ib. H. D. 3 s. 855. 132 ; East India (Duty on Cotton " Standing order No. 11 does not Goods), 4th April, 1879, 184 ib. 136; apply to morning sittings, 171 ih. Sale of Intoxicating Drinks on Sun- 707. day, 25th June, 1880, 135 ib. 247, PEOCEDTJKE ON OBDEES OF THE DAT. 247 Chapter time thus made available for business shall be devoted VIII. 1 . 1 , . 1 . exclusively to government business : but a minister may give to a bill or motion, in charge of an unofficial member, a position among the government business.^ Notices of motions, both official and unofficial, are placed upon the notice paper in the order imparted by the ballot, or in which they are handed in at the table, no priority as regards notices of motions being accorded to the govern- ment, save under the power of arranging their business given by standing order No. 10 (see p. 254). Order of hills, other than government hills, after Whitsun- tide. — After Whitsuntide, public bills, other than govern- ment bills, are arranged on the notice paper so as to give priority to the most advanced. Lords' amendments to bills received from the Commons are placed first, followed by third readings, the consideration of bills on report, bills in progress in committee, bills appointed for committee, and second readings. The order of bills standing at the same stage is decided, inter se, by the priority of their appoint- ment for the day on which they appear upon the notice paper, and not by the date on which they reached their present stage. Procedure Procedure upon the orders of the day. — Whenever orders on private ^f ^^^ ^^^ ^^.^ ^j^g appointed business of the house, pur- see p. 226. suant to standing orders Nos. 13 and 14, the Speaker directs the Clerk at the table to read the orders of the day, without any question being put ; and the orders are thereupon disposed of, following the order in which they stand upon the notice paper, subject, however, to an inter- ruption to the proceedings of the house (see p. 256). A motion was formerly permitted, moved when an order of the day was read, that it, either singly or coupled with other orders of the day, be postponed to give priority to a notice of motion, or to another order of the day.^ Such Unofficial bills treated as govern- ment bills. Order of notices of motions. S. 0. 12, Appendix, p. 825. Orders read. S. 0. 13. 14, Appendi.\, p. 825. Kales, Orders, &c., No. 113. • 30th July, 1873, 217 H. D. 3 s. 1256; 19th March, 1886, 303 ib. 1374; Land Tenure (Ireland) Bill, 131 0. J. 295 ; Sale of Intoxicating Liquor on Sunday (Ireland) Bill, 133 ib. 156; Contagious Diseases Acts Bepeal (No. 2) Bill, 141 ib. 118. ' 3rd May, 1853, 107 ib. 186 ; 25th July, 1856, 111 ib. 386. 248 PEOCEDUEE ON OEDEES OF THE DAY. motion, however, is at variance with the provision of stand- Chapter Rules, ing order No. 14, which prescribes that the orders of the !_ No. 113. ' ^^J shall be disposed of in their appointed order ; and the same objection applies to attempts that have been made, after an order of the day has been read, to obtain pre- cedence for other orders of the day by means of an amend- ment moved to the question proposed from the chair.^ Accordingly, whilst the Clerk is reading the orders of the day, the proceedings thereon may not be interrupted by any other business or debate which members may endeavour to interpose.^ Nor can a motion for the adjourn- Enles, ment of the house be made whilst the orders of the day are No'^Tis ' ^^^^S i^e^d, i.e. neither upon an order of the day, nor in the interval between the reading one order and another.^ A motion for adjournment can, under such circumstances, only be made by a member of the government, because it is desirable that the house should adjourn forthwith. When an order of the day has been read, it must there- j^g seconder upon be proceeded with, or appointed for a future day, or ^^p'^^gs be discharged. The Speaker, therefore, calls upon the p,;;, ^-^j. member in charge thereof, no other member being allowed *""'"'J?' S66 p. Ttrkt to interpose, unless with his consent ; * or upon the member, in the case of an adjourned debate, who has moved the adjournment, if he rises to address the chair (see p. 298) ; and the Speaker, therefore, will not permit any question to be asked of a minister or other member when an order of the day has been read, unless it relates thereto. Power of -A-S an order of the day results from the vote of the house oTer'orders "P°^ ^ question put from the chair, the right to move an of the day. order of the day, to a certain extent, belongs to the house at large, and is not vested solely in the member who has charge of the order.^ In his absence, the question thereon ' 19th May, 1852, 107 0. J. 225 ; March, 1860, 157 H. D. 3 s. 1301 ; 28th June, 1854, 109 ib. 342; 5th see also 160 ib. 349. Sir J. Fergus- Aug. 1857, 112 ib. 377. sou, on the Kepresentation of the ^ 7th Aug. 1872, 213 H. D. 3 s. 644. People Bill, 7th June, 1860, 159 ib. » 26th Aug. 1887, 320 ib. 158- 26. 157. » 5th May, 1886, 305 ib. 353. * Bofreshment Houses Bill, 26th PEOCEDUEE ON OEDEES OF THE DAY. 249 Chapter may be moved by another member,^ or, in like manner, a L_ motion may be made that the order be deferred to a future day, though not to a remote date, in order to defeat the bill.^ Nor, on these occasions, can a motion be made in contradiction to any intimation regarding an order of the day, which the member in charge thereof has made at the table. The revival of an order of the day (see p. 251), when it has been removed from the notice paper by an adjourn- ment or other action on the part of the house, is usually reserved for the member in charge thereof. Same rule When the house has appointed a day for the consideration Orders of So*"^ of a bill or other matter, no earlier day can afterwards be nottobe see p. 232. substituted. This rule is enforced, even when a day had brought ' _ forward been named by mistake, and though no objection was raised to an pa 1*1 "IP J* to the appointment of an earlier day.* If, however, an ^ate. error has arisen in the postponement of an order of the day, whilst the orders are being read, by an appeal to the Speaker, the transfer of the order of the day to an earlier day than that originally named has, under the circumstances, been allowed.* Orders of the day which, owing to the suspension of a Orders of sitting, or to an adjournment of the house, have not been unreaT read at the table, are, pursuant to the standing orders, set s. o. i. 6, down upon the notice paper after the orders of the day ^''sls.'^' appointed for the next sitting of the house ; subject to the right of the government to arrange the order of their Rules business, whenever such business has priority.^ Orders of ^^''^gg'^*^'' the day not disposed of at a two o'clock sitting are ac- cordingly set down for the sitting at nine, when the con- ' 420 H. D. 3 s. 1157. been discouraged no less distinctly, ^ Mr. Speaker's ruling (private), 4th June, 1875, 224 ib. 1236, and 13th May, 1886. In the absence of again, 240 ib. 1675. the member in charge, a motion has ' London, Chatham and Dover sometimes been made, without notice, Eailway Bill, 6th July, 1863. In to discharge the order for the second this case the standing orders were reading of the bill. This practice suspended in order to accelerate the has been strongly discountenanced next stage of the bill, 118 C. J. 237 ; from the chair, 22nd May, 1873, 216 172 H. D. 3 s. 246 ; 305 ib. 379. H. D. 3 a. 276. An amendment to * Vehicles Lights Bill, 31st July, the same effect, to a formal question 1893, Pari. Deb. for the postponement of a bill, has ' 16th March, 1888, 323 ib. 1538. 250 PEOCEDUBE ON MOTIONS. sideration of estimates in the committee of supply, of ^^^ ■which notice stood upon the notice paper for the two o'clock sitting, can be resumed ; and the government can, at seven o'clock on a Friday, in other respects, rearrange their orders of the day upon the notice paper for the sitting of the house at nine o'clock. Procedure on motions. — Motions, not being on a matter of See aim privilege (see p. 258), or for unopposed returns, are called ^J^p. over by the Speaker according to the order in which the ^^^• notices stand upon the notice paper; and if a member does not rise when his name is called, he cannot subse- quently ask that his name should be called again, for the purpose of moving the motion of which he had given notice. Motion A member of the government may act in behalf of a col- memb^er^ league, in all cases, including the proposal of new clauses New on the report stage of a bill ; ^ but, with this exception, or *]^g'' ^^^ in the case of an unopposed return, or of a motion for a ^^j 4^,5 leave of absence, no motion can be moved save by the^^^™**™ member in whose name the notice stands. The power of "mend- . . ments, soe moving a motion, in terms that differ irom the notice p. 285. standing upon the paper, has been defined on p. 232. Revival of orders of the day. — When an order of the day has been read, the proceedings thereon may be cut short by the adjournment of the house whilst those proceedings are in course of transaction. An order of the day, in such a case, or if, when the order is read, no day is appointed for its future consideration, drops from off the notice paper, as the house has made no order thereon; and in committee the same result may be produced, either by a failure of a quorum of the house,^ or by a resolution directing the giving notice. Dropped orders. ' On the 12tli May, 1864, in the absence of Lord Palmerston, Sir G. Grey was permitted to move the postponement of the orders of the day, and make a motion relating to inspectors of schools. On the 28th Kov. 1867, in the absence of the chancellor of the exchequer, Mr. Hunt, the secretary of the treasury, made his financial statement in committee of ways and means. On the 24th Feb. 1881, in the absence of Mr. Gladstone, first lord of the treasury, the Speaker ruled that it would be competent for any minister of the Crown to make the motion that stood; in Mr. Gladstone's name, 258 H. D. 3 s. 1664 ; 176 ib. 2034. ' 110 0. J. 449. BEVIVAL OF ORDERS OP THE DAT. 251 Chapter chairman to leave the chair (see p. 369). To replace a dropped order of the day upon the notice paper, a motion orderly ^^ made before the commencement, or after the close, of nmnber in. public business, to appoint the order for a subsequent day ; charge, see ^ ' l ± i j ' p. 249. and these motions are made without notice (see p. 235).-' If on such order of the day procedure had been commenced and interrupted, the proceeding thus revived is set down for resumption at the position indicated by the last de- cision of the house entered upon the votes and proceed- ings.^ If, however, it is essential that proceedings on an order of the day, cut short by an unexpected adjournment. Supply should be resumed at the next sitting, to obtain that object fee"^. 577. * notice of motion is placed for that purpose, in the name of a minister of the Grown, upon the notice paper for the next sitting, at the commencement of public business ; and the dropped order is placed, printed in italics, at the head of the list of the orders of the day.* A motion for the resumption of a dropped order is usually put as a purely formal motion. If debate thereon occurs, it must be strictly limited to the precise object of the motion.* An order of the day may be superseded by the vote of Superseded the house, as, for instance, when an amendment embodying an abstract proposition is substituted for the question that a bill be read a second time, or for the question that Mr. Speaker do leave the chair for the committee of supply. In such a case, if it be deemed expedient to revive the order for the second reading of a bill (see p. 448), a motion can be made to that effect at a subsequent sitting ; though, when the order for the committee of supply is superseded by > Joint stock Companies Bill, 22nd Bill, 139 ib. 208. 209. and 23rd June, 1864, 176 H. D. 3 s. = 26th June, 1876, 230 H. D. 3 s. 99. 101 ; see also Court of Chancery 431 ; Mr. Speaker's explanation, 235 (Ireland) Bill, 119 C. J. 348. 851 ; ib. 203. 261; 131 C. J. 282.283; 132 120 ib. 225. 352 ; 121 ib. 78 ; 122 ib. ib. 294. 296 ; 133 ib. 212. 213 ; 140 377. 404; Supply, 125 ib. 280. 284; ib. 239. 240; 144 ib. 112. 115; de- 145 ib. 305. 307. bate on Special Commission Eepoit, ' 10th Aug. 1877, Sale of Pood, 1888; lOth March, 1890,342 H. D. &o.. Bill, 132 0. J. 434. 435 ; 8th Aug. 3 s. 347 ; 145 C. J. 81. 83. 1878, Sale of Intoxicating Liquor * 14th July, 1884, 290 H. D. 3 s. (Ireland) Bill, 133 ib. 419. 424; 5th 934. May, 1884, Redistribution of Seats 252 TEANSACTION OF GOYEENMENT BUSINESS. an amendment, an immediate sitting of the committee can Chapter vni. be appointed (see p. 575). Benewal of notices of motions. — A notice of motion stand- ing upon the notice paper for the day's sitting which is not brought on before the adjournment of the house, dis- appears from the paper, unless the member in whose name the notice stands, or a member in his behalf, gives a direc- tion at the table for the replacement of the notice upon the notice paper for a future day. Special arrangements for the transaction of government business. — Soon after the commencement of each session Two o'clock the general regulations established by standing order No. 1 sittings, j^j, ^j^g meeting of the house at three o'clock, are partially set aside by those sittings held on Tuesday and Friday, s. 0. 4, when the house meets at two o'clock in the afternoon, j),^824. "^' suspends sitting at seven o'clock, and resumes the sitting • at nine in the evening. By this arrangement, as has been Sittings jor explained, the first portion of those sittings is placed at the f^^^j' disposal of the government for motions,^ or orders of the P- 2*5. day, whilst the nine o'clock sittings are assigned to un- official business, though, on Friday, the time after the debate on going into committee of supply, is at the dis- posal of the government. The appointment of these two o'clock sittings, to be held every week during a fixed time, is made pursuant to an order of the house obtained upon a motion made, upon a printed notice,^ at the commencement of public business.^ An occasional two o'clock sitting may be obtained, in like manner,* or by a motion made when the order of the day is called on, that it be set down for consideration at two o'clock upon a future day, — a motion that should be made during the time set apart for opposed business, as after midnight opposition might prevent a decision being taken on the proposal. When a two o'clock sitting has been fixed, and it proves desirable that the house should revert to a three o'clock sitting, the change is made by an order of the house. ' Debates, 2l6t March, 1893. » 145 C. J. 239 ; 147 ib. 200. ' Speaker's ruling, 3rdMareh, 1893. * 145 ib. 226. TRANSACTION OF GOVEENMENT BUSINESS. 253 Ctapter A. Saturday sitting may be obtained upon the motion of Saturday a minister of the Crown, namely, that the house shall sit ^' '°^*' meeting on On that day, or the appointment of an order of the day,^ Saturdays, ^j, ^f other matter of business for an ensuins; Saturday, or see p. 208. ° • Priority to by a motion made on a Friday, that the house at its rising orders of ^ adioum till to-morrow.2 day, see p. •> 245. Motions to facilitate the transaction of the business of Priority the house are, as has been explained (p. 243), set down upon goVera" the notice paper to be taken at the commencement of'"^""'"^*' ness. public business. Priority is sometimes sought for govern- ment business, either generally or for specified orders of the day, wheneTer the same are set down upon the notice paper; and this object is attained, either by the actual suspension of a standing order, or by an order of the house which prescribes a course of action inconsistent therewith (see p. 145). Thus the Tuesday ^ and Friday sittings, which, when the house meets at three o'clock, are, by standing orders Nos. 10 and 11, devoted to motions, or to debate on going into committee of supply, may be appropriated for a speci- fied order of the day, or for government business generally.* As the provisions of standing order No. 11, which assign priority on a Friday to the order for the committee of supply, are thereby set aside, the order for supply is not of necessity placed second on the list of orders of the day, as it is wholly freed from the conditions imposed by the standing order. On Tuesdays, however, notices of motions are called on as soon as the specially appointed business for the sitting has been disposed of.^ As it is prescribed by standing order that the committee s. o. ii, of supply must be the first order of the day on a Friday, "^P^gs*^'*' the displacement of that order of the day to make room for the transaction of other business should be effected by a • 7th Deo. 1888, 331 H. D. 1486. order, placed first upon the 8uooeed- « 25th March, 1870, 2nd Aug. ing Thursday, 11th March, 1873, 1872, 212 H. D. 3 s. 1953. 128 0. J. 91. » On an occasion of this kind, the • 143 lb. 153. 169. 354; 147 ib. notices of motions and certain orders 325. of the day, which were deprived of » 17th June, 1887, 316 H. D. 3 s. their priority on a Tuesday, were, by 417; 1st May, 1891, 352 ib. 1853. 254 TRANSACTION OF GOVEENMENT BUSINESS. motion set down for the commencement of public business.^ Chapter vm On Tuesdays formerly, when priority was sought for an L_ order of the day, the practice was either to persuade the members whose notices of motions stood upon the notice paper to waive their rights, or else to effect the desired arrangement by a resolution of the house, proposed with- out preyious notice, at the commencement of the sitting, that the house do pass to the orders of the day, or that a bill or motion have precedence.^ Such a mode of pro- cedure is not consonant to present usage ; and though per- suasion occasionally may obtain, on a Tuesday, priority for an order of the day, that position is generally procured by a resolution of the house, agreed to, upon notice given, at the commencement of business. Priority to As On sittings devoted to government business, the motion^ ° govsmment has the power, under standing orders Nos. 14 *f th°ef^'^^ and 15, to arrange their business, whether orders of the & 0. 14. day or notices of motion, as they may think fit, a motion to dix, pfsTs". g^^® priority to a notice of motion over the orders of the day is now rarely needed on those sittings ; though such a motion might be rendered necessary if, in case the occa- sion arose, the government desired to take the opinion of the house, whether priority should be given to an un- ofScial motion (see p. 256). When priority, has been given by the order of the house to a notice of motion over the orders of the day, the Speaker calls on the member in whose name the notice stands, and when the motion has been considered, the house reverts to the orders of the day. Arrange- The arrangements fixed by the standing orders for merits on , , . . Wednesday Wednesday sittings are rarely disturbed. Still those sittings. ■ 12th July, 1867, 122 C.J. 365; 15th May, 1877, Universities of 143 ib. 153. 169; 316 H. D. 3 s. 417. Oxford and Cambridge Bill, 132 ' Tuesday, 6th May, 1856, ad- C. J. 208. 226 ; 11th Jan. 1881, journed debate on the Treaty of 136 lb. 18, &o. ; 23rd April, 1860, Peace; Tuesday, 3rd March, 1857, third reading of Church Rates AboU- adjourned debate on China; Tues- tion Bill, 115 ib. 199; 111 ib. 167; day, 8th May, 1877, adjourned debate 23rd June, 1863, 118. ib. 303; 171 on the Eastern Question; Tuesday, H. D. 3 s. 1253. TBANSAOTION OF QOVEENMENT BUSINESS. 255 Chapter standing orders have been wholly suspended/ or suspended s. o. i. 2. as regards the interruption of business, and the rising of dlx, p^ 823. the house at six o'clock, in the case of certain orders of the day, subject to the immediate adjournment of the house when those orders were disposed of.^ Government orders have also occasionally been given precedence on Wednesdays, and, towards the close of the session, Wednesday, and also Tuesday sittings are so appropriated.^ Sittings on Satur- Saturday days are occasionally held subject to the standing orders ^'"'''ss- which regulate the Wednesday sittings, or to an order that, as soon as government business is concluded, the adjournment of the house shall take place without question put.* Besides the orders made from time to time to appropriate Arrange- the time of the house for government business, precedence ttiTfor-"^ is occasionally given to certain orders of the day over all therance of other orders of the day and notices of motion.^ Orders ment Dllsill6SS also are made, during the progress of each session, to extend the provisions of standing order No. 56, by which 8. 0. 56, the Speaker, on Monday and Thursday, leaves the chair p^l'32 ""' forthwith for the committee of supply, to other sittings of the house." Proceedings on the reports of the resolutions of the committees of supply and ways and means, have always, early in each session, been exempted by a sessional order from all interruption under any standing order, except standing order No. 5, " suspension of sitting at seven s. 0. 5, Appendix, • «h July, 1865, the house eat on land) Bill, 1881, 136 ib. 32; 258 H. P- 824. the 5th, at a quarter before four, D. 3 s. 1744; Prevention of Crime instead of twelve, 120 C. J. 449 ; 140 (Ireland) Bill, Arrears of Eent (Ire- Govern- ib. 407. land) Bill, 1882, 137 C. J. 224. 289. ment of => 7th Aug. 1872, 127 ib. 426; 15th 491 ; Kules of Procedure, 142 ib. 72 ; ^ff"^^^^ July, 1874, 129 ib. 303; 144 ib. 293. Criminal Law Amendment (Ireland) reso'lutions, 447. Bill, 142 ib. 140 ; Consolidated Fund see p. 324,' ' 8th Aug. 1853, 2nd Aug. 1869, Bill, 144 ib. 73 ; Customs, &c., Bill, "• 5. 6th Aug. 1872; see debate, 129 H. 145 ib. 334; Tithe Eent-Charge Bill, D. 3 s. 1463; 124 C. J. 387 ; 127 ib. 146 ib. 81 ; Purchase of Land, &o. 421; 126 ib. 397; 14th July, 1879, (Ireland) Bill, 146 ib. 247; Financial 134 ib. 340 ; 143 ib. 114. Business, 18th March, 1892, 147 ib. * 143 ib. 427. 493 ; 144 ib. 434. 114 ; (Government business) 30th 453 ; 145 ib. 531. 553 ; see resolution March, 4th Sept. 1893. moved, 11th Feb. 1893, p. 234, n. 2. = 145 ib. 239 ; 147 ib. 79. ^ Protection of Persons, &c. (Ire- 256 INCIDENTAL INTEEEUPTIONS. Chapter vra. Amend- ments to motions (business of the house). Facility given by govern- ment to unofHcial motions. o'clock ; " ^ and as the day for the prorogation draws nigh, all the government business is set free, during the remainder of the session, from every restriction on the transaction of business imposed by the standing orders ; ^ and an objection taken to the form of the motion on which these orders are obtained on the ground that the provisions contained in those motions include several, and, to a certain extent, distinct, propositions was overruled.* Amendments to motions relating to the business of the house must be strictly relevant to the terms and purpose of the motion; and amendments stating, as an argument against the motion, that the house had no confidence in the government, or that motions giving precedence to govern- ment business might be rendered unnecessary by altering the procedure of the house, were therefore ruled to be out of order.* Except in the case of motions amounting to a distinct vote of want of confidence in the government, proposed or sanctioned by the leader of the opposition, the question whether the government should concede priority to a notice of motion, or to an order of the day in the charge of an unofficial member, is left entirely to their discretion.^ Incidental interruptions to proceedings. — Besides the in- terruption of business, at the moment prescribed by the standing orders (see p. 208), or by a member rising to move the closure of debate (see p. 210), proceedings in Parliament may be interrupted by a matter of privilege, or order, Order, which calls for the immediate interposition of the house on ^'^^Im. a matter of recent occurrence (see p. 258) ; by occasions of sudden disorder in the house, and by the suspension of • 144 0. J. 145 ; 145 ib. 239 ; 147 motion (Derby day adjournment), 30th May, 1892 and 1893, Kotices, pp. 1593. 1980. See alse p. 853. » Facilities were afforded, 1868, to Uruguay Mr. Gladstone's resolutions upon the Sules, see 9th ib. 95. ' 16th July, 1891, 146 ib. 449 June, 1892, 147 ib. 325. » 19th March, 1889, 334 H. D. 3 h. 142. « 19th March, 30th April, 1889, Mr. Bradlaugh's and Mr. B. Bobert- son's notices of amendments; 16th July 1891, 355 H. D. 3 s. 1433. Amendments, "gambling," &c., to Irish Church, 191 H. D. 3 s. 31-35. P- ^^*- 826. 1746; 24th April, 1872, Dublin University Tests Bill ; 26th Feb. 1883, Kilmainham prisoners, 210 H. D. 3 s. 1754; 277 ib. 850; Mr. Glad- stone's remarks, 24th March, 1893. INCIDENTAL INTERRUPTIONS. 257 Chapter members, or other proceedings thereby occasioned (see ! p. 323) ; by a message from the sovereign or the lords commissioners, commanding or desiring the attendance of the house in the House of Peers ; ^ by the presentation of the answer to an address to the Crown ^ (see p. 430) ; by a message from the other house, and by proceedings taken thereon ^ (see p. 476) ; by a conference with the Lords ; * by a report of reasons for disagreeing to Lords' amendments ^ (see p. 479); by the clerk of the Crown attending by order of the house to amend a return ^ (see p. 620) ; and by a report from the Serjeant-at-arms regarding the execution of the orders of the house.' Examples occur of an interruption caused by a motion for reading an Act of Parliament, an entry in the journal, or other public document : but the practice by which such documents have been permitted to be read, after the com- mencement of the debate, though not absolutely without recognition in modern times, may be regarded as obsolete.^ When the cause of interruption has ceased, or the pro- Causes'of ceeding thereon has been disposed of, the debate, or the tion. "^" business in hand which was interrupted, is resumed at the point where the interruption had occurred; though the » 93 0. J. 227; 106 ib. 443. On = Ground Game Bill, 3rd Sept. the 20tli April, 1863, the reading of 1880, 135 0. J. 431 ; 137 ib. 452. a petition was so interrupted, and " 93 ib. 276. 308. was resumed on the return of the ' 135 ib. 236. The business of Speaker from the Lords. the house was in former times inter- 2 108 C. J. 438 ; 125 ib. 377 ; 17th rupted by a motion that candles be Deo. 1878. This rule, however, does brought in : but, by order 6th Feb. not apply to a message from the 1717, the Serjeant was charged with Grown. On the 5th June, 1866, a the duty of having the house lighted message relating to the marriage of when " daylight be shut in," 18 ib. Princess Mary of Cambridge was 718; and now the direction to that brought up between one motion and effect is given by the Speaker or the another: but not so as to interrupt chairman, a debate. " 2 HatseU, 121. 164 ; 80 C. J. 537 ; ' By the recent practice, a message 93 ib. 204; 97 ib. 129; 98 ib. 112; brought by the Clerk does not ordi- 123 ib. 148 ; 124 ib. 57. In one narily interrupt the business under case certain Acts were directed to be discussion ; but there are occasions read, by way of amendment to the when such an interruption can arise, original question, 19th March, 1854, 126 0. J. 57. 109 ib. 124. • 98 ib. 347. 484. 258 MATTEES OP PEIVILEGE. PriTilege interrup- tions. resumption of a proceeding, subjected to an interruption, Chapter has been sometimes delayed by the occurrence of further 1_ interruptions.'^ Consideration of matters of privilege. — The proceedings of the house may be interrupted at any moment,^ save during the progress of a division (see p. 328), by a motion based on Privilege a matter of privilege, when a matter has recently arisen ""J^im, ■which directly concerns the privileges of the house ; * and ^'^ P- ^^s. in that case, the house will entertain the motion forthwith.* If complaint of a breach of privilege be made whilst the Privilege, house is in committee, the committee reports progress ^31°/ thereon ® (see pp. 78. 366) ; or, upon an act of disorder com- ^ee p. 112. mitted in his presence, the chairman has quitted the chair and sent for the Speaker ^ (see p. 366). Such an interrup- tion may arise if a member be insulted or assaulted, or by a sudden act of disorder in the house ' (see p. 328). A privilege matter may also be brought forward without notice, before the commencement of public business, and is • 103 0. J. 551. 755. ' This ancient rule waa thus ex- pressed in debate by an eminent authority : " Nothing can be so re- gular, according to the practice of this house, as when any member Tarings under the consideration of the house a breach of its privileges, for the house to hear it — ^nay, to hear it ■with or without notice — whether any question is or is not before it; and €ven in the midst of another discus- sion, if a member should rise to com- plain of a breach of the privileges of the house, they have always in- stantly heard him," Mr. Williams Wynn, 11th Feb. 1836, 31 H. D. 3 s. 274. ' See the Speaker's ruling, 17th July, 1860, 159 H. D. 3 s. 2035; 17th March, 1864, 174 ib. 190; 2 1st June, 1880, 253 ib. 433 ; 17th May, 1881, 261 lb. 694 ; 16th Feb. 1882, 266 ib. 788. " 12th May, 1848, interference of a peer with the election for Stam- ford, 98 ib. 931 ; 22nd May, 1848, Sligo election compromise, 98 ib. 1236; Peterborough election, ap- pointment and nomination of com- mittee, 18th and 21st July, 1853, 108 C. J. 691. 703 ; Ameer All Moorad's claim, 22nd Feb. 1858, 113 ib. 68 ; Lisburn election, 21st April, 1864, 119 ib. 184 ; Azeem Jah (forged sig- natures to petitions), 8th May, 1865, 120 ib. 247; King's County election, 12th Feb. 1866, 121 ib. 55; com- plaint of Mr. PlimsoU's book, 20th Feb. 1873 ; complaint of Mr. Sullivan against Dr. Kenealy, 11th April, 1877 ; 132 ib. 144 ; forged signatures to petitions, 21st March, 1878, 238 H. D. 3 s. 1741; Clare writ, 17th April, 1879 ; see Mr. Speaker's rul- ing, 245 H. D. 518, &c. ; forgery of a petition, 1829, 84 C. J. 187; com- plaints against newspapers, 93 ib. 306; 106 ib. 320, &c. ; complaints regarding petitions, 228 H. D. 3 s. 1400. « 143 C. J. 483. ' 142 ib. 407. ' 79 ib. 483 ; 65 ib. 134. MATTEES OF PRIVILEGE. 259 Chapter considered immediately, on the assumption that the matter is brought forward without delay, and that its immediate onpnvi see p. Appoint- consideration is essential to the dignity of the house ; vet, ment of o j y j y committees though, in some respects, a matter of privilege properly 23!^' does not admit of notice, if a member can give notice, and the matter is a question of privilege, precedence is con- ceded to it.^ The right of complaint is not restricted to Orders for the member affected by the breach of privilege.^ Motions in the founded on a breach of privilege are also entertained upon jo«se, see ^jjQ consideration of the report from the select committee Position on which has considered the matter (see p. 124). oSE" The quality of privilege, and the consequent right of Cases of ofprivilegi matters, see p. 262, matters, immediate consideration, does not depend solely on the frtvOege nature and object of the motion, but may be imparted or withdrawn by the circumstances that attend the motion. As a matter affecting the seat of a member of the house is Motion for a matter of privilege,^ precedence is accorded to a motion "*^ ^'^''^' When for a new writ, when such motion is made without notice : * requisite, hut that right ceases when notice of a motion for a new see p. 598. ,^j,j^ jg prescribed by a resolution of the house, in cases of seats declared void for bribery and treating (see p. 598). Again, on the 24th March, 1882, precedence was claimed for a motion for a new writ for the borough of Northampton j but the Speaker stated that such motions were founded upon recent events, e.g. the death of a member, his accept- ance of office, or the report of election judges : but as the object of the motion was to raise an irregular debate upon the claim of Mr. Bradlaugh to take the oath, it was not entitled to privilege.^ So also, when, during the session ' Election 'compromises, 12th and ^ Complaint, Sir C. Lewis, 3rd 22nd May, 1848, 98 H. D. 3 s. 931. May, 1887, 142 0. J. 208. 1236 ; Peterborough election, 18th = 16th April, 1864 ; seat of fifth and 21st July, 1853, 108 0. J. 691. undersecretaryof state, 119 C.J. 174. 703 ; expulsion of James Sadleir, * 17th April, 1879, 245 H. D. 3 s. 24th July, 1856, and 16th Feb. 1857, 518 ; 25th Aug. 1881, 265 ib. 886. The 143 H. D. 3 s. 1386 ; 144 ib. 702 ; Mr. right of privilege was also accorded Townsend's bankruptcy, 1858, 113 to a motion to rescind a resolution €. J. 229 ; case of Mr. Bradlaugh, of the house affecting the seat of a 11th and 12th May, 1881, 261 H. D. member, 23rd June, 1880, 253 ib. 644. 3 s. 218. 282. 431 ; Mr. Davitt, 27th ' 267 ib. 1821. Feb. 1882, 266 ib. 1811. 1842. 260 MATTERS OF PEIVILBGE. Libellous of 1887, a motion was brought forward based on charges Chapter arges. brought by the Times newspaper against certain members L_ of the house, the motion was ruled not to be a motion of priyilege, because it was not a matter requiring immediate consideration, and because the charges did not touch the conduct of members in the house ; ^ but subsequently, in the year 1890, a motion bearing on the subject of those charges, asserting that they were a libel on the house, was treated as of privilege, being brought forward at the earliest moment, the first day of the session, and because the charges were undoubtedly designed to influence the pro- ceedings of the house.^ Nor does a motion embodying a matter of privilege, such as a motion to rescind a resolution of the house affecting the seat of a member, lose its right of privilege, because the motion may have been deferred some days to suit the convenience of the house.^ Cases not A question of order in the house, or in a committee privilege, thereof, cannot be treated as a matter of privilege ; * and, as the privilege of freedom from arrest is limited to civil causes, and cannot be pleaded to arrests made on a criminal crimiMl charge, or to enforce the administration of justice, the^^'j^^ circumstances attending such arrest or imprisonment P- 1' 2. cannot be brought before the house as a matter of privilege.^ Nor can a letter addressed by a member to the Speaker regarding his arrest be treated as a matter of privilege ; ® though, an objection having been taken to the terms of a magistrate's letter communicating to the house the imprisonment of a member, a motion made without notice was permitted, that the letter was a breach of privilege.'' The circumstances connected with the committal of members for contempt of court have, however, been con- sidered as a matter of privilege (see p. 114). A motion to ' 22ad Feb. 1887, 311 H. D. 3 s. 1881, 258 lb. 8-14; 339 ib. 1223. 286. " See debate on Mr. P. O'Brien's ' 11th Feb. 1890, the Times and arrest, 13tli Feb. 1888, 322 ib. 262- Mr. Parnell, 841 ib. 43. 267. ' 12th May, 1881, 261 ib. 282-285. « Slst May, 1881, 261 ib. 1785. * 2nd Feb. 1881, 258 ib. 8; 5th ' 14th May, 1888, 326 ib. 177. 183 ; April, 1878, 239 ib. 671; 2ad Feb. 143 C. J. 222. MATTERS OF PRIVILEGE. 261 ''vm*'^ rescind a resolution for the suspension of a member is not entitled to the position of a matter of privilege.^ Libeh on To justify the claim of privilege for a motion complaining u^^i^ on ^^ ^79 of alleged libels on members, the conduct and language on '"sobers. which the libel is based must be actions performed or words uttered in the actual transaction of the business of the house.^ On this ground a charge made by a newspaper against a member, that a statement he made in the house was false, received the priority accorded to a matter of privilege.^ And although privilege cannot be claimed for a motion containing imputations upon the character of a member which are not immediately connected with his conduct in Parliament, yet, owing to attendant circum- stances, these motions occasionally have been treated as privileged motions.* For instance, when, 22nd July, 1861, a motion was proposed concerning the conduct of a member in connection with a joint stock company, such conduct being wholly unconnected with matters arising in the house, the Speaker said it was doubtful whether the motion was properly a matter of privilege, but as it affected the cha- racter of a member, it could be proceeded with, if it was the pleasure of the house.^ Because a motion has been treated as of privilege, that when right cannot be claimed for subsequent motions bearing on l^^i^^,, the same subject. On the 5th July, 1860, Lord Palmerston f^^^ei. proposed resolutions founded on the report of the committee on Tax Bills, as a matter of privilege, before the orders of the day : but on the 17th, Lord Fermoy having given notice of another resolution on that subject, the Speaker held that he was not entitled to precedence, his object being merely to review a former determination of the house ; and the same ' 18th April, 1887, 313 H. D. 3 s. 15th March, 1888, 323 ib. 1312 ; com- 1124. plaint by Mr. Sexton against Sir W. _ , 2 ggg Speaker's rulings, case of the - Marriott (after excepted passages had 262. postal clerks, 22nd June, 1881, 262 been read at the table), 28th March, H. D. 3 a. 1036 ; complaint against the 1890, 343 ib. 181-187 ; 145 0. J. 221. Times, 22nd Feb. 1887, 311 ib. 286 ; = 31.^ jjay, 1887, 314 H. D. 3 s. 717. complaint by Mr. Sexton against Mr. * 16th March, 1864, 174 ib. 306 ; Brodriok, 25th April, 1887, 313 ib. 5th July, 1877, 235 ib. 829. 1803 ; Mr. J. M. Cameron's complaint, ^ 164 ib. 1285. 262 MATTERS OF PEIVILEGE. Position of privilege motions on notice paper. Claim of privilege overruled from the chair. ruling was applied to a motion to add names to a select com- mittee appointed as a matter of privilege.^ In like manner, - when the house has decided upon the principle raised by a privileged motion, the same principle cannot be brought for- ward as privilege, in another form, during the same session.* Opposition by a direct vote given against a motion in- volving a matter of privilege, is not essential : these motions can be set aside indirectly, as, for instance, by an amend- ment proposing that the house should pass on to the appointed business of the sitting.^ A motion or an order of the day relating to a matter of privilege is either placed at the head of the notice paper, above the other orders of the day, and without a number, below the motions that may be set down for consideration at the commencement of public business (see p. 243) ; * or the order is called on before the other orders of the day, or before notices, if the order has not received that precedence upon the notice paper.^ As precedence is naturally desired by members, care has been taken, by rulings from the chair, not to extend that claim to any motion which does not strictly relate to an urgent matter of privilege, properly so called ; ^ and many motions, more or less affecting privilege, have been brought on in their turn, with other notices of motions.' Chapter VIII. > 28th May, 1880, 252 H. D. 3 s. 667. 788. 2 20th July, 1887, 317 ib. 1489. ' 8th April, 1884, 287 ib. 22. ' To adjourned debates on privilege cases are assigned a similar posi- tion. Case of the printers, 1837, 1840, 92 0. J. 450; 38 H. D. 3 s. 1249 ; 95 0. J. 13. 15. 19. 23. 70 ; 51 H. D. 3 s. 196. 251. 358. 422; 52 ib. 7; case of Azeem Jab, 1865, 120 C. J. 252 ; Mr. PlimsoU's case, 226 H. D. 3 s. 178 ; see also 238 ib. 1741. ° Cai-low and other election cases, 91 C. J. 24. 42, and votes ; 31 H. D. 3 s. 272 ; 97 C. J. 263 ; Mr. Eoebuck (Chiltern Hundreds), 155 H. D. 3 ». 945, &c. ; Mr. Bright (Pontefraot election), ib. 1254; 114 C. J. 357. 362. 376 ; case of printers, 92 ib. 436 ; case of Washington Wilks: votes,., 1st and 2nd June, 1858 ; 3rd July,. 1882, 271 H. D. 1303; Eeport on Yorkshire, &e., Insurance Company, 23rd July, 1889, 338 ib. 1089. « 146 H. D. 3 s. 769 ; 159 ib. 2035; 174 ib. 190. 306; 187 ib. 14 ; 235 ib. 829; 239 ib. 671; 252 ib. 667. 788; 261 ib. 694. 1785 ; 262 ib. 1035 ; 266- ib. 788 ; see also n. 2, p. 261. ' Mr. Isaac Butt's notice relating to the Times newspaper, 7th Feb. 1854, 109 C. J. 40 ; Mr. C. Forster's notice for a committee on the forgery of signatures to petitions, 23rd March,. 1865, 120 ib. 156; Mr. Callan's mo- tion for a committee to inquire how Mr. Newdegate's name was afSxed tO' a petition, 7th April, 1876, &o. MOTIONS. 263 Chapter CHAPTEE IX. IX. Table of MOTIONS AND QUESTIONS. Contents, see p. XXV. jjyjjjy matter is determined, in both houses, upon questions Questions put by the Speaker, and resolved in the affirmative or nega- ^^^^^ ° . tive, as the case may be. ceeding. Notices of When a member is at liberty to make a motion, he may Motions motions in gpeak in its favour, before he actually proposes it : but a p. 204; ik spccch is Only allowed upon the understanding, first, that mons°'p' lie speaks to the question ; and, secondly, that he concludes 228. i^y proposing his motion formally. In the upper house, any lord may submit a motion for Questions made mth- the decision of their lordships without a seconder, — the only seconded. ' out notice, , . . . , i • i i> i p. 233. motion requiring a seconder, by usage, being that lor the address in answer to the Queen's speech : but in the Com- Motions ™oiis, after a motion has been made, it must be seconded made in be- by another member ; otherwise it is immediately dropped, half of another and further debate must be discontinued, as no question is m m^er, see ^^^^j.^ ^j^g house. When a motion is not seconded, no entry Motions not appears in " The Votes and Proceedings," as the house is not ^^""^ ° ' Amend- P^^ ^^ possession of it, and res gestse only are entered. In ments re- the casc of a substantive motion, the Speaker satisfies him- fi'iti'pp ft seconder, self that the motiou has been formally seconded, before he see p. 285. ^^^^ ^^^ question : but where an unopposed return is moved, ^ , or other formal motion made, the formality of seconding the Order m i . i i . i lohich mo- motion is not generally observed, but is taken to be tacitly taien^see Complied with. Orders of the day, and motions in committee, p. 250. ^Q ^q|. require a seconder. Irregular The motion should be placed, in print or writing, in the notices, see Speaker's hands ; as, except in the event of any informality in the form of the motion, which may necessitate the Alterations Speaker's intervention, or may compel him to decline to Matters lo in th^ form p^^ ^^6 question from the chair, the Speaker proposes the ^'thb' iioM, seep, question in the words of the mover. Certain matters IJ'^"'*^"- cannot be debated, save upon a substantive motion which tion. 264 MOTIONS. can be dealt with by amendment, or by the distinct vote chapter of the house, such as the conduct of the sovereign, the heir '■ — to the throne, the Viceroy and Governor-General of India, Rules, the Lord-Lieutenant of Ireland, the Speaker, the chairman Nos. 91, ' of ways and means, members of either house of Parliament, seiate m ■^^°- and judges of the superior courts of the United Kingdom, *^^^* ^^" including persons holding the position of a judge, such as siS- a judge in a court of bankruptcy, and of a county court. These matters cannot, therefore, be questioned by way of amendment, nor upon a motion for adjournment under standing order No. 17 ^ (see p. 242). For the same reason, no charge of a personal character can be raised, save upon a direct and substantive motion to that effect.^ No state- ment of that kind can, therefore, be embodied in a notice stating that the attention of the house will be called to a matter of that nature.^ Matters A matter, whilst under adjudication by a court of Judidai law, should not be brought before the house by a motion decision, ^j, otherwise.* Nor can a motion be brought forward which For appU- Rules, -,, . 1, .- ^ • T T • cation of Orders, &c., IS the Same, in substance, as a question which, during i;^^,^ ^j^s Nos. 145, ^j^g current session, has been decided in the affirmative or ^° ^y*'"^. Matters negative (see p. 286), nor which anticipates a matter already jourmmt cided &c.^' Set down or appointed for consideration by the house.^ house, see Thus, according to this principle, a motion is out of order ^J^ ^^„iy which anticipates, not only a matter standing on the notice *''"*^' ^^^ paper as an order of the day, or as a notice of a motion, or an amendment appointed for a future day, but also a ' (Speaker) 15th July, 1881, 263 * May, 1889, 33.5 H. D. 3 s. 992. H.D. 3 s. 1012; 3rd March, 1885, 294 1254. 1267; 27th June, 1889, 337 ib. 1912 ; 140 C. J. 78; 4th April, 1887, ib. 899 ; Bee also Lord J. Eussell and 313 H. D. 3 s. 371 ; 28th June, 1889, Sir E. Peel (Mr. O'Connell's case), 337 ib. 1020-1023. (Chairman of ways Feb. 1844, 72 ib. 85. 98. and means) 3rd July, 1882, 271 ib. = 2071b. 500. 1640; Mr. Speaker's 1290. (Judges) 18th and 21st March, ruling on Mr. Dillwyn's motion, 1887, 312 ib. 736, 1110 ; 6th April, 25th May, 1875, 224 ib. 915 ; 17th 1887, 313 ib. 637; 9th June, 1887, Feb. 1887, 310 ib. 1777; 311 ib. 315 ib. 1530; 2nd Sept. 1887, 320 ib. 15; 16th July, 1888, 328 ib. 1417; 1024-1025; see also "Questions," 27th June, 1889, 337 ib. 899; 5th P- 289. June, 1874, 219 ib. 1054; 6th May, " 23rd Feb. 1848, 96 ib. 1206. 1890, 344 ib. 307 ; 28th April, 1891, ' 5th April, 1883, 277 ib. 1500. 352 ib. 1636. MOTIONS MADE, 265 Chapter IX. Frinciple applied to amend- ments, p. 279; and to instruo- fe'ons, p.455. Motion expunged, see p. 197. matter of which public notice has been given in the house, at the time when notices are given, or a notice of motion standing as a notice for which no special day is fixed.^ A motion is also equally out of order which anticipates a motion for leave to bring in a bill that includes the subject proposed to be dealt with by the motion,^ or a bill appointed for consideration, though the bill may not have been printed.^ The reference, however, of a matter to a select committee does not prevent the consideration of the same matter by the house.* Formerly it was customary for the Speaker, when he thought fit, to frame a motion out of the debate.^ This ancient custom, however, was open to abuses and miscon- ception,^ and has long since been disused.'' In 1794, Earl Objection- Stanhope had proposed a resolution with a long preamble, omutld'^ ^ which, on putting the question, the lord chancellor omitted. ^''°°^ * On a subsequent day, a complaint and a motion were made regarding this omission. After a debate, from which it appeared that the words omitted had been of an objection- able character, and that the lord chancellor had collected the unanimous opinion of the house for their omission, the motion M'as superseded by adjournment.^ In the Lords, when a motion has been made, a question Proposed is generally proposed " that that motion be agreed to : " but Speaker. on the stages of bills, and on some other occasions, the • 238 H. D. 3 s. 1492 ; 27tli June, 1889, 337 ib. 899. ^ 23rd June, 1871, 207 ib. 500. 3 16th July, 1888, 328 ib. 1411 ; 341 ib. 762. See also the Speaker's opinion regarding a proposed amend- ment, mentioned by Mr. Chamber- lain in debate, with reference to Mr. Parnell's amendment on the address, 11th Jan. 1S81, 136 C. J. U, after notice had been given of the Pro- tection, &c. (Ireland) Bill, Times, 3rd Feb. 1893. 4 13th March, 1891, 351 ib. 933. 5 Scobell, 22 ; 2 Hatsell, 112. * Burnet relates of Mr. Speaker Seymour, that, if the court party was not well gathered together, he kept " the house from doing anything by a wilful mistaking or misstating the question. By that he gave time to those who were appointed for that mercenary work to go about and gather in all their party; and then he would very fairly state the ques- tion, when he saw he was sure to carry it." — 2 Burnet's Own Time, 72. ' The last example, 15th Feb. 1770, was by Sir Fletcher Norton, on the Sudbury election petition, 1 Caven- dish Deb. 458. « 31 Pari. Hist. 149. 197; 6 Camp- bell's Chancellors, 271. 266 QUESTIONS PROPOSED. motioa is put directly as a question. In the Commons, Chapter when the motion has been seconded, it merges in the question, which is proposed by the Speaker to the house, and read by him ; after which the house are in possession DeUte of the question, and must dispose of it in one way or Zrmr^mnt another before they can proceed with any other business. '""*"/" •It: ■' moved, see When de- At this Stage of the proceeding, the debate upon the p. 275. ate arises. q^gg^iQn arises in both houses. The mode in which the determination of the house upon a question is expressed and collected, is explained hereafter (see p. 272). Motions, by The member who has proposed a motion can only drawn!"'*^' withdraw it by leave of the house, granted without any negative voice. This leave is signified, not upon question, as is sometimes erroneously supposed, but by the Speaker taking the pleasure of the house. He asks, "Is it jouv Motion pleasure that the motion be withdrawn ? " If no one ™peaM" dissents, he says, " The motion is withdrawn : " but if any ^«« P- ^ss- dissentient voice be heard, he proceeds to put the question.'^ Occasionally, a motion is, by leave, withdrawn, and another Motions motion substituted, in order to meet the views of the house, ^j ^™^*/' as expressed in debate : but that course can only be taken see p. 234. with the general assent of the house.^ Withdraw- Where an amendment has been proposed to a question, wuh- ind^mend! ^^^ Original motion cannot be withdrawn until the amend- ^Z^l"-^ ments. ment has been first withdrawn or negatived ; * as the ques- ™*"**' ^" p. 282, tion on the amendment stands before the original question. Neither a motion, nor an amendment, can be withdrawn in the absence of the member who had proposed it.* Question The modes of evading or superseding a question are — svipeise e . ^|^ ^^ adjournment of the house ;^ (2) by moving the ' A motion cannot be withdrawn = The motion, " That the orders of in the absence of the member who the "day be read," is obsolete as a proposed it, 159 H. D. 3 s. 1310; substantive motion; though it sur- 186 ib. 887; 247 ib. 841. vivos in the form of an amendment, ' See discussion on Fiji Islands, "That this house do pass to the 25th June, 1872, 212 ib. 219; Church orders of the day," moved upon a Patronage, 1877, 132 0. J. 301. motion interposed before the ordi- = 86 ib. 913 ; 227 H. D. 3 s. 787 ; nary business of the day, such as a 230 ib. 1026. privilege motion, 133 0. J. 196 ; 142 ' 151 ib. 952. ib. 358. QUESTIONS SUPEESEDED. 267 Chapter previous question (see p. 268) ; and (3) by amendment, a subject whicb is dealt with on p. 271, and also in the following chapter, p. 275. 1. In the midst of the debate upon a question, any By ad- member may move, " That this house do noiu adjourn," not J°"^°™™ • by way of amendment to the original question, but as a distinct question, which interrupts and supersedes that already under consideration. It need scarcely be explained that such a motion cannot be made while a member is speaking, but can only be offered by a member who, on being called by the Speaker in the course of the debate, is in possession of the house. If this second question be re- solved in the afSrmaf ive, the original question is superseded ; the house must immediately adjourn, and all the business for that day is at an end.^ In the Commons, the motion for adjournment, in order to supersede a question, must be Motions for simply that the house do now adjourn, and cannot be coupled men/o/'tte 'with any prefatory words ; ^ nor is it allowable to move house to a ^j^g^^. ^]jq house do adjourn to any future time specified, nor future day, •' . see p. 220. to move an amendment to that effect to the question of ad- journment.^ But in the Lords, a future day may be specified in the motion for adjournment.* A motion for the adjourn- ment of the debate, upon a question for the adjournment of the house, being an obvious solecism, will not be entertained;'' nor can a motion for the adjournment of the house be made while a question for the adjournment of the debate is under discussion.6 The house may also be adjourned while a member is speaking, by notice being taken that forty mem- bers are not present (see p. 223). If the original question had not at that moment been proposed to the house by the Speaker, it is not entered in the votes, as the house was not in possession of the question before the adjournment : but if the question had been proposed from the chair, the > Justices of the Peace Qualifica- ■* Supreme Court of Judicature tion Bill, 10th July, 1855, 110 0. J. Act, Address, 25th Feb. 1881, Lords' 367; Volunteers (Ireland) BilJ, 17th Minutes, 306. July, 1860, 115 ib. 893. = Speaker's ruling, 5th March, ' 353 H. D. 3 3. 1246. 1857, 144 H. D. 3 a. 1906. 3 2 Hatsell, 113-115. " 260 ib. 1617. 268 QUESTIONS SUPEESEDED. Motions for iidjourning the house and the de- bate. Motions lapse on interrup- tion. S. 0. 1, Appendix, p. 823. Previous f[uestion. question, having been entered on the minutes, is, of course, Chapter printed in the votes. If the proceeding superseded by ' adjournment be a motion, to bring the matter again before the house, a notice of the motion must be renewed (see p. 252) ; if an order of the day, &c., is so superseded, the order of the day must be revived (see p. 250). When a motion for adjournment has been negatived, it similar may not be proposed again without some intermediate ^^^^'^ proceeding; ^ hence arises the practice of moving alternately, see p. 369. " That this house do now adjourn," and " That the debate be now adjourned."^ But a member who has moved the adjournment of the house is not entitled to move the adjournment of the debate, as he has already spoken to the main question.^ The latter motion, if carried, merely defers the decision of the house, while the former, as already ex- plained, supersedes the question altogether; and therefore members who only desire to postpone the debate to another day, should refrain from voting for an adjournment of the house, as that motion, if carried, would supersede the question which they may be prepared to support.* If, at the moment for the interruption of business under the standing orders (see p. 210), a motion for the adjournment of the house, or of the debate, has been proposed from the chair, such motion lapses without question put, pursuant to the provision in standing order No. 1 ; and other restrictions placed upon the use of these motions, for purposes of obstruction, are treated among the rules of debate ^ (see p. 301). 2. The object of the previous question is to withhold from the decision of the house a motion that has been proposed » 2 Hatsell, 109, note ; Lord Col- chester's Diary, ii. 129. 2 See proceedings, 23rd Nov. 1819, 41 H. D. 136; Ecclesiastical Titles Bill, 12th May, 1851, 106 C. J. 216; Election Petitions Bill, 29th June, 1857; Night Poaching Prevention Bill, 1st Aug. 1862, 117 ib. 388; Protection of Person and Property (Ireland) Bill, 1881, 136 ib. 49-51, &c. ' 184 H. D. 3 s. 1450. * An instance of this occurred on the 23rd March, 1848, on a motion relative to the game laws, 97 ib. 963 ; and again on the 2nd March, 1875, on Mr. Fawoett's motion relating to education in rural districts. ' See Mr. Speaker's evidence be- fore committees on public business, 1848, 1854; and Report of Committee on Public Business, 1858. QUESTIONS SUPERSEDED. 269 Chapter from the chair, by a motiou which compels the house to '- — decide, in the first instance, whether the original motion shall or shall not be submitted to the vote of the house. In the Lords, the Lord Speaker puts the question, " whether the original question be now put." ^ In the Commons, the words of this motion are, " That that question be not noiv put ; " ^ and, if it be resolved in the affirmative, the Speaker is prevented from putting the main question, as the house have thus refused to allow it to be put. The motion may, however, be brought forward again on another day, as the decision of the house merely binds the Speaker not to put the main question thereon at that time. If the previous question be resolved in the negative, the original question on which it was moved must be put forthwith, no amendment, nor debate, nor motion for adjournment being allowed, because, as the house have negatived the proposal, " That that question be not now put," the question must accordingly be put at once to the vote. The previous question has been moved upon the various Previous stages of a bill,^ but it cannot be moved upon an amend- st'^ges°of "° ment ; * though, after an amendment has been agreed to, the ''■'is. previous question can be put on the main question, as amended.^ Nor can the previous question be moved upon Rules, a motion relating to the transaction of public business or ^o'^Ysa^'^ ' 1 71 L. J. 581 ; 74 ib. 87 ; motion 292 ; Harbours of Eefuge, 19th June, respecting Kussia, &o., 28th Jan. 1860, 115 0. J. 316; 2 Lord Sid- 1808, 110 ib. 22. This form of pre- mouth's Life, 136 ; 1 Twiss, Life of vious question was used by the Com- Eldon, 232. mons, 6th Sept. 1641, 2 0. J. 281. = 1 C. J. 226. 825 ; 7 ib. 420 ; 8 ib. 2 146 ib. 96. The Speaker, with 421 ; 30 ib. 418 ; 99 ib. 504 ; 113 ib. the concurrence of the house, first 220; 116 ib. 103. 135. 177; 130 ib. put the previous question in these 356 ; 135 ib. 261, &c. words, 20th March, 1888, 143 ib. ' 2 Hatsell, 116. 112, because the motion, " That the ' Previous question moved, after question be now put," is akin to the amendments proposed and negatived, closure motion (see p. 211). The 117 0. J. 129; 118 ib. 269. Previous new form of motion also enables the question moved to main question as members who support the previous amended, 94 ib. 496. See also pro- question to vote "aye," when that ceedings relative to Kagosima, 119 question is put from the chair. For ib. 45 ; Denmark, ib. 179 ; 174 H. illustrations of the former practice, D. 3 s. 1376 ; Malt Duty, 120 C. J. see 2 Hatsell, 122, n.; Lex Pari. 117; 212 H. D. 3 s. 926. 270 QUESTIONS SUPERSEDED BY- AMENDMENT. the meeting of the house,^ nor in any committee ^ (see pp. Chapter 364. 374. 394). Nor can the motion be amended. As, if the __^^L_ previous question be moyed, no amendment is admissible to the main question, an arrangement may be made to gire priority to the proposal of an amendment thereto.* The motion for the previous question may be superseded by a motion for adjournment, and debate thereon may be adjourned.* By amend- 3. The general practice in regard to amendments is ex- ™^'' '' plained on p. 275 : but here such amendments only will be mentioned as are intended to evade an expression of opinion upon the main question, by entirely altering its meaning and object. This is effected by moving the omission of all the words of the question after the word " that " at the begin- ning, and by the substitution of other words of a different import. If this amendment be agreed to by the house, it is clear that no opinion is expressed directly upon the main question, because it is determined that the original words "shall not stand part of the question;" and the sense of the house is afterwards taken directly upon the substituted words, or practically upon a new question. There are many precedents of this mode of dealing with a question : ® but the best known in parliamentary history are those re- lating to Mr. Pitt's administration, and the Peace of Amiens, in 1802. On the 7th May, 1802, a motion was made in the Commons for an address, "expressing the thanks of this house to his Majesty for having been pleased to remove the Eight Hon. W. Pitt from his councils ; " upon which an amendment was proposed and carried, which left out all the words after the first, and substituted others in direct oppo- sition to them, by which the whole policy of Mr. Pitt was commended. Immediately afterwards an address was moved ' Speaker's private ruling, 30th March, 1858, 149 H. D. 3 s. 712. May, 1892. * 131 C. J. 45, &o. ' The report of the committee on = 24 lb. 650 ; 30 ib. 70 ; 52 ib. privilege (Mr. Gray), 1882, was re- 203 ; 93 ib. 418 ; Mr. Churchward, committed to enforce this rule, 137 19th March, 1867; employment of C- J- 509. Indian Troops in Europe, 1878, 133 ' Lord-Lieutenant of Ireland, 25th ib. 240, &c. QUESTIONS SUPERSEDED BY AMENDMENT. 271 Chapter in both houses of Parliament, condemning the Treaty of ' Amiens, in a long statement of facts and arguments; and in each house an amendment was substituted, whereby an address was resolved upon which justified the treaty.^ This practice has often been objected to as unfair; but the objection is unfounded, as the weaker party must always anticipate defeat, in one form or another. If no amendment be moved, the majority can negative the ques- tion itself, and affirm another in opposition to the opinions of the minority. On the very occasion already men- tioned, of the 7th May, 1802, after the address of thanks for the removal of Mr. Pitt had been defeated by an amendment, a distinct question was proposed and carried by the victorious party, " That the Eight Hon. W. Pitt has rendered great and important services to his country, and especially deserves the gratitude of this house." ^ Thus, if no amendment had been moved, the position of Mr. Pitt's opponents would have been but little improved, as the majority could have affirmed or denied whatever they pleased. It is in debate alone that a minority can hope to compete with a majority. The forms of the house can ultimately assist neither party: but, so far as they offer any inter- mediate advantage, the minority have the greatest protec- tion in forms, while the majority are met by obstructions to the exercise of their will. These are the modes by which a question may be inten- Questions tionally avoided or superseded : but the consideration of a r^'pt^j question is also liable to casual interruption and postpone- ment from other causes, which are described on p. 256. The ancient rule that when a complicated question is pro- CompU- posed to the house, the house may order such question to ^j^^* i"^^' be divided, is observed in the following manner. When two or more separate propositions are embodied in a motion or in an amendment, the Speaker calls the atten- > 57 C. J. 419. 450 ; 36 Pail. Hist. of censure on Earl St. Vincent's 598-654. 686; 3 Stanhope's Pitt, naval administration having been 375-379 ; 48 L. J. 603. negatived, was followed by a vote ' A case precisely similar occurred of approbation immediately moved on the 14th May, 1806, when a vote by Mr. Fox, 7 H. D. 208. 272 QUESTIONS PUT. tion of the house to the circumstance ; and, if objection be Chapter Rules, taken, he puts the question on such propositions separately, '■ — No!* 141. "' restricting debate to each proposition in its turn ; ^ though to this course resort is unfrequent, because it is generally recognized that, if a motion formed of a series of paragraphs is submitted to the house, the question should be proposed on the principal paragraph, which determines the decisioi) of the house upon the various proposals contained in the whole motion. If the necessity should arise, separate subjects contained in a motion can be placed seriatim before the house by way of amendment. Question When debate on a question is closed,^ the question ^"'' must be put, which is done in the following manner. The Speaker, rising from the chair,^ states or reads the question to the house, beginning with " The question is, that." This Question form of putting the question is always observed, and pre- {"f p-'^gg cedes (or is supposed to precede) every vote of the house, except in cases where a vote is a formal direction, in virtue of previous orders.* In the Lords, when the question has been put, the Speaker says, " As many as are of that opinion say, ' Content,' " and " As many as are of a contrary opinion say, ' Not content ; ' " and the respective parties exclaim, " Content," or " Not con- 1 324 H. D. 3 s. 1828. For refer- Person and Property (Ireland) Bill, encestotheanoientand obsolete prao- although members were desirous of tice by which a complicated question continuing the debate, 186 C. J. 50 ; •was divided by order of the house, H. D. Slst Jan., 1st and 2ad Feb. see 2 0. J. 43 ; 32 ib. 710 ; 33 ib. 89; 1881. 34 ib. 330; 35 ib. 217 (a question ' On the 9th April, 1866, the divided into five); 17 Hans. Pari. Speaker, on returning to the house Hist. 429; 2 Hatsell, 118; see also after an illness, said that he should 1 Cavendish Deb. 460-475 ; 2 Wood- claim the indulgence of sitting while fall's Junius, 139 ; 22 L. J. 73 ; 24 putting the questions, 121 C. J. 197. ib. 466. 467; 4 Timberland's De- ' "Order, that nothing pass by bates of the Lords, 392. order of the house without a ques- ' Debate was, on a memorable oo- tion, and that no order be without a oasion, closed by the action of Mr. question, afiBrmative and negative" Speaker Brand, who, on the morning (1614), 1 C. J. 464. " Resolved, of Wednesday, 2nd Feb. 1881, when that when » general vote of the the house had held » continuous house conourreth in a motion pro- sitting from the previous Monday, pounded by the Speaker, without put the question on the motion for any contradiction, there needeth no leave to bring in the Protection of question " (1621), ib. 650. QUESTIONS PUT. 273 Chapter tent," according to their opinions. In the Commons, the ^' Speaker takes the sense of the house by desiring that " As many as are of that opinion say, 'Aye,' " and "As many as are of the contrary opinion say, ' No.' " On account of these forms, the two parties are distinguished in the Lords as " contents " and " not contents," and in the Commons as the "ayes " and " noes." When each party have exclaimed . according to their opinion, the Speaker endeavours to judge. Speaker's from the loudness and general character of the opposing ex- s'*t™«°' clamations, which party have the majority. As his judgment is not final, he expresses his opinion thus : " I think the (' con- tents,' or) * ayes ' have it ; " or, " I think the (' not contents,' or) ' noes ' have it." If the house acquiesce in this decision, the question is said to be " resolved in the affirmative " or. "negative," according to the supposed majority on either side : but if the party thus declared to be the minority dis- frivolously pnte the fact, they say, " The ' contents ' (or ' not contents '), "'"350''' ^^^ *'^® ' ^7^^ ' ('^^ ' °°®^ ') ^^^^ ^*»" ^® ^^^ °^^® ™^y ^® ' ^^ Questions which case the Speaker puts the question a second time, in ita^"''^ order that the numbers may be counted, by the process stated, see which is termed a division (see p. 335). Members must bear in mind that their opinion is collected Voices on from their voices in the house, and not merely by a division ; tion!^"^^ and that if their voices and their votes should be at variance, the voice will bind the vote. A member therefore who gave his voice with the " ayes " (or " noes ") when the Speaker took the voices, is bound to vote with them.^ On the report of the Holyrood Park Bill, 10th August, JdVraised 1848, a member called out with the " noes," " The ' noes ' »S,tee have it," and thus forced that party to a division, although P- ^^^" he was about to vote with the " ayes " and went out into the lobby with them. On his return, and before the numbers were declared by the tellers, Mr. Brotherton addressed the ' Practice on this point was for- nounced such conduct to be "un- merly unsettled. It was debated in becomiog and contrary to the rules the house, 29th Feb. 1796. Mr. Pitt and practice of Parliament," 2 Hat- maintained that a member was at sell, 201, n. The debate is not to be liberty to force his opponents to a, found in the Pari. Hist, division; whilst the Speaker pro- 274 QUESTIONS PUT. Speaker, sitting and covered (the doors being closed), and Chapter claimed that the member's vote should be reckoned with the ' " noes." The Speaker put it to the member, whether he had said, " The ' noes ' have it ; " to which he replied that he had, bat without any intention of voting with the " noes." The Speaker, however, would not admit of his excuse, but ordered that his vote should be counted with the " noes," as he had declared himself with them in the house. This decision was repeated on two subsequent occasions, and on the 4th June, 1866, the Speaker condemned this practice of forcing a division as " irregular and unparliamentary." ^ The Time and objection that a member's vote was contrary to his voice dealityStk should be taken either before the numbers are reported by °^^^^'^ the tellers, or immediately afterwards ; and will not be =«« V- 3*3. entertained after the declaration of the numbers from the chair.^ A member It would seem, however, that by the ancient rules of the Ms^opinfon. ^OMSB, a member was at liberty to change his opinion upon a question. On the 1st May, 1606, "A question moved, whether a man saying ' yea ' may afterwards sit and change his opinion. A precedent remembered in 39 Eliz., of Mr. Morris, attorney of the Court of Wards, by Mr. Speaker, that changed his opinion. Misliked somewhat, it should be so ; yet said that a man might change his opinion." ^ A member who has made a motion is afterwards entitled to vote against it, provided he gives his voice with the " noes " when the question is put from the chair.* Orders and Every question, when agreed to, assumes the form either: Aresohtm resolutions, of an order or a resolution of the house. By its orders, the seT"t86. house directs its committees, its members, its officers, the order of its own proceedings, and the acts of all persons whom they concern ; by its resolutions, the house declares its own opinions and purposes. ' 7tli July, 1854, 109 C. J. 373; • 1 0. J. 303. 23rd June, 1864, 119 ib. 359; 176 • 227 H. D. 3 a. 473- 25th July H. D. 3 s. 235; 183 ib. 1919. 1879, Sir H. Selwin Ibbetson, L ' 15th April, 1856, 141 ib. 1103. committee of supply, Votes, p. 697. AMENDMENTS TO QUESTIONS. 275 Chapter CHAPTER X. X. Table of AMENDMENTS TO QUESTIONS, AND AMENDMENTS TO Contents, PEOPOSED AMENDMENTS, see p. XXV. Restriction The object of an amendment may be to effect such an Objects and "am^^ alteration in a question as will obtain the support of those an'amend" ments, see ^^q without such alteration, must either vote against it or °'^"*- p. 279. _ _ ' ° Amend- abstain from voting thereon, or to present to the house an Teiemnt ^^ alternative proposition, either wholly or partially opposed see p. 278 ; to the original question. This may be effected by moving and ' to omit all the words of the question after the first word, see p. 285. " That," and to substitute in their place other words of a different import (see p. 270). In that case the debate that Debate on follows is not restricted to the amendment, but includes the ^^g' motive of the amendment and of the motion, both matters being under the consideration of the house as alternative Rules, propositions. If the amendment be to leave out or to add no. 165. ' words only, debate should be restricted to the desirability of the omission or the addition of those words. The confusion which must arise from any irregularity in the mode of putting amendments, is often exemplified at public meetings, where fixed principles and rules are not observed ; and it would be well for persons in the habit of presiding at meetings of any description to make themselves familiar with the rules of Parliament in regard to questions and amendments, which, tested by long experience, are as simple and efficient in practice as they are logical in principle.^ Previous notice of a matter brought before the house by when way of amendment is, as a rule, unnecessary. Notice, °^'"^^°^ To femowcZ however, must be given of amendments on going intomentsis 11GGGSS3.W bij memier committee of Supply (p. 236) ; of clauses on the consideration giving i. l •/ \l / notice, p. of a bill by the house (p. 235) : of the names of members to 285 \4. / be nominated by way of amendment, on a select committee ' Mr. Reginald Palgrave has done publication of " The Chairman's good service in this respect, by the Handbook.'' — Author's Note. 2T6 AMENDMENTS TO QUESTIONS. (p. 380) ; and, under certain conditions, of an amendment Chapter to an instruction (p. 455). '. — Order in The time for moving an amendment is after a question Question ^end? ^^3 ^5^®^ proposed by the Speaker, and before it has been/"%^*' S66 p, ^ytj, ments. p^^^ ^ member who has given notice of an amendment is not entitled to precedence on that account, and to be heard before a member who rises to speak to the question ; ^ as, according to the rules of debate, the member who first rises and is called by the Speaker, being in possession of the Speaker's house, IS entitled to conclude with any motion which may properly be made at that time. Nor, though a contrary practice prevails in proceedings on a bill (see p. 457), if a series of amendments are proposed to a motion, can members claim, unless they rise to speak, to, be called in the order in which their notices stand upon the notice paper (see p. 574). The order and form in which the points arising out of amendments are determined are as follows : — Various An amendment may be made to a question, (1) by leaving amend-" out certain words ; (2) by leaving out certain words in order ment. ^^ insert or add others ; (3) by inserting or adding certain words. To leare 1. When the proposed amendment is to leave out certain ou wor s. ^Qj.jg^ ^[jg Speaker says, " The original question was this," stating the question at length ; " Since which, an amend- ment has been proposed to leave out the words," which are proposed to be omitted. He then puts the question, " That the words proposed to be left out stand part of the question." If that question be resolved in the affirmative, it shows that amend- the house prefer the original question to the amendment, ™275.'" and the question, as first proposed, is put by the Speaker. If, however, the question, "That the words stand part of^,.„.5,.^„„ the question," be negatived, the question is put with the «» '""*^' . . „,, J , ^. ^ meat, see f. omission oi those words ; unless another amendment be then 339. moved for the insertion or addition of other words. To leare 2. When the proposed amendment is to leave out certain and Tin-' words ^ in order to insert or add others, the proceeding othe "s^ ^^^ ' 8i H. D. 3 s. 641 ; 163 ib. 1424. ib. 1869. 1486; 246 ib. 265; 250 ib. 80; 282 ' It is not competent to move to AMENDMENTS TO QUESTIONS. 277 Ch^ter commences in the same manner as the last. If the house resolve " That the words proposed to be left out stand part of the question," the original question is put : but if they resolve that such words shall not stand part of the question, by negativing that proposition when put, the next question proposed is that the words proposed to be substituted, be Addition inserted or added instead thereof. This latter question being. thereto, see resolved in the affirmative, the main question, so amended, ^' ' is put. It is sometimes erroneously supposed that a member When the who is adverse both to the original question and to the pro- anramend- posed amendment, would express an opinion favourable to ™*°' *''^ the question, by voting " That the words proposed to be left jected to. out stand part of the question." By such a vote, however, he merely declares his opinion to be adverse to the amendment.^ After the amendment has been disposed of, the question itself remains to be put, upon which each member votes as if no amendment whatever had been proposed. If, however, he be equally opposed to the question and to the amendment, it is quite competent for him to vote with the " noes " on both. A misunderstanding, however, sometimes arises in the application of this rule. On Tuesday, 9th March, 1886, on a motion of Mr. Dillwyn, condemning the continuance of the Church of England in "Wales, an amendment was moved by Mr. Albert Grey, when the government and other members, being equally opposed to the motion and the amendment, voted that the words proposed to be left out should stand part of the question, intending to vote against the main question when proposed. They accordingly went into the lobby with the supporters of the original motion. Hence it was defeated by a small majority of 12 (ayes 229, noes 241). This was generally represented, in the press, as a near approach to the success of the principle of disestablishment : but when the question, with the amendment added, was put to the vote, it was negatived by a very large majority (ayes 49, noes 346).^ leave out all the words of a question. ' 191 H. D. 3 a. 708. The initial word "that" must, at ' 141 0. J. 85. Again, see 19th least, be retained. March, 1886, 141 ib. 106. 278 AMENDMENTS TO QUESTIONS. Questions On the 19th June, 1822, the house having struck out all Chapter by amend- the words of a question after " That " relative to tithes in 1 . ments. Ireland, an amendment to add other words was superseded by the house passing to the other orders of the day ; and the original question was thus left, reduced to the initial word "That."^ Again, on the 8th December. 1857, a majority of the house being adverse to a motion relating to joint-stock banks, and also to a proposed amendment, the original question was ultimately reduced to the word "That;" when, no other amendment being proposed, the Speaker called upon the member whose notice stood next upon the paper.^ On the 2l3t June, 1870, a motion being made " That it is undesirable that opposed business should be proceeded with after twelve o'clock," an amendment was proposed to leave out " twelve " and insert " one." Upon division, the house resolved, -first, that " twelve " should not stand part of the question ; and secondly, that " one " should not be inserted. The question thus stood with a blank, which no one proposed to fill up with any other words ; when the house was relieved from its embarrassment by the with- drawal of the original motion.^ To insert or 3. In the case of an amendment to insert or add words, J^brprac- add words, ^jjg proceeding is more simple. The question is merely put, 52"f that the proposed words " be there inserted " or " added." »«'»*«''' ■^ _ -^ _ amend- If it be carried, the words are inserted or added accordingly, ments, see and the main question, so amended, is put : but if negatived, ''' the question is put as it originally stood,* unless it be after- wards proposed to insert or add other words. Amend- It is an imperative rule that every amendment must be rele- Amend- ™ievaut. ^ ^aiit to the question on which the amendment is proposed,^ ^^^^ motions, '77 0. J. 356. 325; 70 H. D. 3 s. 213; 266 ib. seep. 255, ' 113 ib. 10. For examples of 1846; 11th May, 1882, 269 ib. 461. similar proceedings, see 131 ib. 139 ; An illustration may be given of 132 ib. 40 ; 135 ib. 60. 74 ; 136 ib. the former licence in amendments. 168; 138 ib. 10; 140 ib. 72. To the question for the Speater's ' 125 ib. 270. leaving the chair for the committee * 113 ib. 201. on the Reform BiU, 6th Aug. 1831, ^ This principle was asserted for an amendment was moved for the the first time in the 9th edition, p. production of papers on the state of MODE OF PROPOSING AMENDMENTS. 279 Chapter except in the case of amendments moved to the question '- — for the Speaker's leaving the chair for the committees of supply, or ways and means (see p. 571). As the conduct of the persons mentioned on p. 263 can Eestriction only be debated upon a substantive motion, embodying ments. therein a specific charge, reflections upon their conduct can- not be brought before the house by way of amendment. Nor, following the principle laid down regarding motions Amend- (see p. 264), Can an amendment be moved which revives a (Previous question already decided, which anticipates a motion or Questim), amendment of which notice has been given, or matters con- see p. 269. ° ' tained in an order of the day, or which is inconsistent with words in the motion which have been already agreed upon.^ The Speaker has also ruled that an amendment that was merely an expanded negative, or otherwise irregular in form, could not be proposed from the chair.^ Several amendments may be moved to the same question. The mode but subject to these restrictions. 1. No amendment can be ing^'sererai made in the first part of a question, after the latter part has ^^g' been amended, or has been proposed to be amended, if a question has been proposed from the chair upon such amend- ment: but if an amendment to a question be withdrawn, by leave of the house, the fact of that amendment having been proposed will not preclude the proposal of another amend- ment, affecting an earlier part of the question, so long as it does not extend further back than the last words upon which the house have already expressed an opinion ; for the with- drawal of the first amendment leaves the question in pre- cisely the same condition as if no amendment had been proposed. Each amendment should be proposed in the order in which, if agreed to, it would stand in the amended question ; ^ and should a member be in the act of moving an Poland ; and on an analogous pro- ' 6tli Feb. 1884, 284 ib. 98 ; 17th Deeding, 9th May, 1834, the Speaker Feb. 1887, 310 ib. 1800. 1830; 1st stated " that, according to the forma March, 1887, 311 ib. 965 ; 9th March, of the house and the law of Parlia- 1887, 311 ib. 1633; 4th March, 1889, ment, there was no necessity that an 833ib.851;20thFeb.l890,341ib.762. amendment should be akin to the ' 136 C. J. 26; ruling, 28th Feb. question," 86 C. J. 758 ; 89 ib. 271 ; 1893. 23 H. D. 3 s. 785. = 2 Hatsell, 123. 280 MODE OP PEOPOSING AMENDMENTS. amendment, another member, before the question upon such Chapter amendment has been proposed from the chair, may intimate '- — his wish to move an amendment to an earlier part of the question, and that wish may be carried out, if the member, who is in possession of the house, consents to resume his seat.^ But if the question has been already proposed from the chair upon an amendment, no other amendment can be moved, unless the first be, by leave of the house, withdrawn. 2. When the house have agreed that certain words shall stand part of a question, it is irregular to propose any amendment to those words, as the decision of the house has already been pronounced in their favour : but this rule does not exclude an addition to the words, if proposed at the proper time.* Amend- In the case of a second reading or other stage of a bill, stages of however, it is not allowable to add words to the question, ^'''^' after the house has decided that words proposed to be left out should stand part of that question. Every stage of a bill, being founded upon a previous order of the house, is passed by means of a recognized formula, and may be post- poned or arrested by acknowledged forms of amendment : but when any such amendment has been negatived, no other amendment, by way of addition to the question, can be proposed, which is not, in some degree, inconsistent with the previous determination of the house ; and it has, therefore, never been permitted.^ Nor can an amendment be made, by the addition of words to the question, for read- ing a bill a second time. In like manner, an established form of amendment, such as the " six months " formula used to obtain the rejection of a bill (see p. 446), is not capable of amendment.* The same rule applies to the question for the Speaker's leaving the chair on going into committee of ' 22nd Aug. 1887, 319 H. D. 3 8. ment, notice having been given 1475 ; 26tli May, 1892, i Pari. Deb. thereof. Business of the house 4 s. 1961. On the occasion when motion, 29th June, 1893. the two members who proposed to ' 65 0. J. 480; 129 ib. 52; 138 ib. move amendments rose almost simul- 191. taneously, although his call had ' 4th June, 1866, 183 H. D. 3 s. been given to the other member, the 1918 ; 186 ib. 1285 ; 240 ib. 1602. Speaker has given priority of speech * 334 H. D. 3 s. 929. to the mover of the prior amend- MODE OP PROPOSING AMENDMENTS. 281 Chapter supply. 3. In the same manner, when the house have agreed to add or insert words in a question, their decision may not be disturbed by any amendment of those words : but here, again, other words may be added. Such words, however, may not be to the same effect as those omitted by the amendment. The principle applied to amendments to the questions No ameud- proposed on the stages of a bill, namely, that established missible to forms of procedure can only be dealt with by recognized ^^^^^^j^"; "^ forms of amendment, is also applied to motions for adjourn- ment, ex- cept as to ment; for whilst motions for the adjournment of the house time. or of the debate, moved as dilatory motions (see p. 267), cannot be amended, so to a motion that the house at its rising Motions for do adjourn till a future day, no amendment is permissible nJnt^ie unless it relates to the time of adjournment. On the question p. 220. Qf adjournment from Friday till Monday, an amendment was proposed relating to a day of thanksgiving on the restora- tion of peace, the Speaker ruled such an amendment to be out of order, as the only amendment which could be moved was that the house shall adjourn to some other day than Monday.^ On Tuesday, the 27th May, 1856, it was ruled, privately, that on the question, " That the house, at its risjng, do adjourn till Friday," an amendment to leave out the words, " at its rising," in order to insert the word " now," was not admissible ; the question, " That this house do now adjourn," being always put as a distinct question, having no reference to the time at which it is proposed that the house should meet again. Accordingly, as soon as the question had been agreed to, a motion was made, " That this house do noiv adjourn." ^ But when a member desires to move an amendment to a Anange- part of the question proposed to be omitted by another ^ttag"^ amendment, or to alter words proposed to be inserted, it is amend- ments. sometimes arranged that only the first part of the original amendment shall be formally proposed, in the first instance, so as not to preclude the consideration of the second amend- ' 25th April, 1856, 141 H. D. 3 b. " 111 C. J. 221. 1541 ; 242 ib. 2076. 282 AMENDMENTS TO AMENDMENTS. With- drawal of amend- ments. Amend- ments to proposed amend- ments. ment. This course, though followed in committees on Cliapter bills (see p. 457), or when a bill, as amended, is being con- '- — sidered, is not resorted to in the house, except upon the consideration of extended resolutions. For instance, — in order to obtain freedom of discussion and amendment on the consideration of the rules of procedure, the rule that no member may speak twice to the same question, save in To speak committee, has been relaxed, to enable members to speak "^ °^^' ^ see p. 304. first on the main question, and then subsequently to move amendments thereto.^ The convenience of the house may also be consulted by the withdrawal of an amendment (see p. 266), and, if permitted, by the substitution of another the same in substance as the first, but omitting words to which objections are entertained.^ An amendment may, at any time, as is the case regarding a motion, be withdrawn, and be subsequently again proposed ^ (see p. 289). On the 2nd With- May, 1882, an amendment was, by leave of the house, with- caZ- of the original motion had been™"?'*'^ ° motion, see drawn, after the words negatived, and the question had been proposed for adding p- 266, the words of the amendment.* An amendment, following the practice regarding a motion (see p. 266), cannot be withdrawn in the absence of the member who moved it. Another proceeding may also be resorted to, by which an amendment is intercepted, as it were, before it is offered tcT the house, in its original form, by moving to amend the first proposed amendment. In such cases the questions put by the Speaker deal with the first amendment as if it were a distinct question, and with the second as if it were an ordinary amendment. The original question is, indeed, for a time, laid aside ; and the amendment becomes, as it were, a substantive question itself. Unless this were done, there would be three points under consideration at once, viz. the question, the proposed amendment, and the amendment of ' Eesolutions relating to public business, 26th Feb. 1880, 250 H. D. 3 s. 1450; and in 1882, 274 ib. 46. 247. 252; Feb. 1887, 311 ib. 204. 207 ; 10th June, 1887, 315 ib. 1616- 1619 ; 29th June, 1893. ' Mr. Duncombe's amendment (Education), 22nd April, 1847, 91 ib. 1236; Votes, 16th June, 1893. » 142 0. J. 111. 116. * Wiganwrit, 137ib. 172. AMEKDMENTS TO AMENDMENTS. 283 Chapter X. that amendment : but when the question for adopting the - words of an amendment is put forward distinctly, and apart from the original question, no confusion arises from moving amendments to it, before its ultimate adoption is proposed.^ Where the original amendment is either simply to insert, add, or omit words, an amendment may at once be proposed to it, without reference to the question itself, which will be dealt with, when the amendment has been disposed of. The most difficult form, perhaps, is when the amendment Amend- first proposed is to leave out certain words of the original ^^op'L'ct question ; and an amendment is proposed to such proposed a™™"*- amendment, by leaving thereout some of the words pro- leaving out posed to be omitted, and thus, in effect, restoring them to the original question. In such a case a question is first words. • It appears, from a curious letter of the younger Pliny (Plinii Epistolse, lib. Tiii. ep. 14), that the Koman senate ■were perplexed in the mode of disentangling a question that in- volved three different propositions. It was doubtful whether the consul, Afranius Dexter, had died by his own hand or by that of a domestic ; and if by the latter, whether at his own request or criminally ; and the senate had to decide on the fate of his freedmen. One senator proposed that the freedmen ought not to be punished at all ; another, that they should be banished ; and a, third, that they should suffer death. As these judgments differed so much, it was urged that they must be put to the question distinctly, and that those who were in favour of each of the three opinions should sit separately, in order to prevent two parties, each differing with the other, from joining against the third. On the other hand, it was contended that those who would put to death, and those who would banish, ought jointly to be compared with the number who voted for acquittal, and afterwards among themselves. The first opinion- prevailed, and it was agreed that each question should be put sepa- rately. It happened, however, that the senator who had proposed death at last joined the party in favour of banishment, in order to prevent the acquittal of the freedmen, which would have been the result of sepa- rating the senate into three distinct parties. The mode of proceeding adopted by the senate was clearly inconsistent with a determination by the majority of an assembly ; being calculated to leave the decision to a minority of the members then pre- sent, if the majority were not agreed. The only correct mode of ascertaining the will of a majority is to put but on© question at a time, and to have that resolved in the affirmative or nega- tive by the whole body. The com- binations of different parties against a third cannot be avoided (which after all was proved in the senate); and the only method of obtaining the ultimate judgment of a majority, and reconciling different opinions, is by amending the proposed question until a majority of all the parties agree to afBrm or deny it, as it is ultimately put to the vote. — (Infor- mation supplied by the late Mr. Eickman.) See also Professor Long's Plutarch's Life of Pompey, p. 80. 284 AMENDMENTS TO AMENDMENTS. put, that the words proposed to be omitted, stand part of Ch^ter the proposed amendment. If that question be affirmed, the question is then put, that all the words proposed to be omitted by the first amendment, stand part of the original question. But if it be negatived, a question is put, that the words comprised in the amendment, so amended, stand part of such original question.-' Leaving But where the original amendment is to leave out certain' and adding words, in Order to insert or add other words, 1ao amendment others. gg^jj |jg movcd to the words proposed to be substituted, until the house have resolved that the words proposed to be left out shall not stand part of the question. But so soon as the question is proposed for inserting or adding the words of the amendment, an amendment may be moved thereto. A short example will make this latter proceeding move See also intelligible. To avoid a difficult illustration, (of which f^-*' there are many in the journals ^), let the simple question ™^*° be, " That this bill be now read a second time ; " to which ments, p. 845 an amendment has been proposed, by leaving out the word " now," and adding " upon this day six months ; " and let the question that the word " now " stand part of the ques- tion, be negatived, and the question for adding " upon this day six months," be proposed. An amendment may then be proposed to such proposed amendment, by leaving out "six months," and adding "fortnight" instead thereof. The question will then be put, " That the words 'six months ' stand part of the said proposed amendment." If that be affirmed, the question for adding " this day six months " is put, and, if carried, the main question, so amended, is put, viz. " That this bill be read a second time this day six months." But if it be resolved that " six months " shall not stand part of the proposed amendment, a question is put that " fortnight " be added ; and, if that be agreed to, the first amendment, so amended, is put, viz, that the words "this day fortnight" be added to the original question. ' 27 0. J. 298; 39 ib. 842; 64 ib. tit. Amendments; 108 C. J. 516; 123 131 ; 134 ib. 136. ib. 160. ^ See Com. Gen. Journ. Indexes, AMENDMENTS TO AMENDMENTS. 285 Chapter That being agreed to, the main question, so amended, is put, viz. " That this bill be read a second time this day- fortnight."^ Several amendments may be moved, in suc- cession, to a proposed amendment — subject to the same rules as amendments to questions.^ An amendment to a proposed amendment cannot be moved, if it proposes to leave out all the words of such proposed amendment : but in such a case the first amendment must be negatived before the second can be offered.^ Every amendment proposed to be made, either to a Amend- question or to a proposed amendment, should be so framed "e^^nteJfj. that, if agreed to by the house, the question, or amendment g>''l<=- as amended, would be intelligible and consistent with itself. ^ot In the Commons, every amendment must be proposed Amend- ^committeT ^^^ Seconded in the same manner as an original motion ; "^jed!^" see p. 363. ^nd, if no seconder can be found, the amendment is not proposed by the Speaker, but drops, as a matter of course, and no entry of it appears in the votes.* Except in the case of amendments of which previous notice is required (see p. 275), an amendment of which notice stands upon the notice paper can be moved by any member entitled to speak to the question before the house, if the member who gave notice of the amendment does not rise and move the same.^ • Dublin Waterworks Bill, 27th Pell and Mr. Wilbraham Egerton), Feb. 1849, 104 0. J. 98; 102 H. D. Sad March, 1875, 130 ib. 70. 3 s. 1314. ' 1'^'^ H. D. 3 s. 1528. ' 6th March, 1840 (Supply), 95 0. " Supply (Newfoundland Fish- J. 153; 101 ib. 865; 134 ib. 136; eriea). Speaker's ruling, Times, 11th 145 ib. 53. March, 1893. ^ Education in rural districts (Mr. 286 SAME QUESTION MAY NOT BE TWICE OFFERED. CHAPTER XL Chapter XI. THE SAME QUESTION OB BILL MAY NOT BE TWICE OFPEEED Tdble of ' •■/' Contents, IN A SESSION. ■_ seep.ixT!. Object of Jt is a rule, in both houses, which is essential to the Svie ForappH- the rule. _ ^ , . cation of performance of their duties, that no question or bill shall tUsprm- be offered that is substantially the same as one on which ^^ '"""'' their judgment has already been expressed in the current see p. 264. session.^ Resolutions ^ resolution may, however, be rescinded,^ and an order rescinded. ' of the house discharged, notwithstandmg a rule urged (2nd April, 1604), " That a question being once made, and carried in the affirmative or negative, cannot be questioned again, but must stand as a judgment of the house." ^ iJc/o-«c« Technically, indeed, the rescinding of a vote is the matter jafe^see p. of a new question ; the form being to read the resolution of ^°^- the house, and to move that it be rescinded ; and thus the same question which bad been resolved in the affirmative is not again offered, although its effect is annulled. To rescind a negative vote, except in the different stages of bills, is a- proceeding of greater difficulty, because the same question would have to be offered again. The only means, therefore, by which a negative vote can be revoked, is by proposing another question, similar in its general purport to that which had been rejected, but with sufficient variance to constitute a new question ; and the house would determine whether it were substantially the same question or not. There is a difficulty in discharging an order for an address to the Crown, after it has been presented to her Majesty. Thus, in 1850, an address having been agreed to for dis- • I 0. J. 306. 434. Cases when cation (Inspectors' Eeports)/ 1864, the Speaker has intervened to enforce 119 ib. 463 ; April, 1868, 123 ib. 145 ; this rule, 95 0. J. 495 ; 76 H. D. 3 s. see also 2 Lord Colchester's Diary, 1021 ; 201 ib. 824; 214 ib. 287. 9. 12. ' Baron Smith, 89 C. J. 59 ; Edu- » I C. J. 162. SAME QUESTION MAY NOT BE TWICE OFFERED. 287 Chapter continuing the collection and delivery of letters on Sunday, — — — and for inquiry into the subject, another address was agreed to, some time afterwards, for inquiring whether Sunday labour might not be reduced in the post-office, without completely putting an end to the collection and delivery of letters.^ Again, in 1856, when an address had been voted on the subject of national education in Ireland, in which the majority of the house did not concur, instead of discharging the order for the address, a resolution was agreed to, for the purpose of qualifying the opinions embodied in the address ; and her Majesty's answer was framed in the spirit of the resolution, as well as of the address.^ Notice is required of a motion to rescind a resolution f or to expunge or alter an entry in the " Votes and Pro- ceedings." * This rule, however, was not held to apply to a motion to rescind a resolution which affected the seat of a member, as being a matter of privilege, and which arose out of the proceedings in which the house was then engaged : ^ but under no circumstances is it competent for the house to rescind a resolution during the sitting when the resolution was agreed to." Sometimes the house may not be prepared to rescind a resolution, but may be willing to modify its judgment, by considering and agreeing to another resolution relating to the same subject. Thus, a resolution having been agreed p^^soe"' ^^° ^^ which condemned an oflScial appointment, the house, by a subsequent resolution, withdrew the censure which the previous resolution had conveyed.'' Sec amend- Again, the effect of a resolution, by which the house sacOTirf'^ determined that no legislation should be entertained, reading of during the scssiou, regarding traffic in intoxicating liquor, 447, n. 7. I 105 0. J. 383. 509. of the People Bill on the "Votes," ' 111 lb. 272. 289. 298 ; 111 H. D. was brought forward without notice 3 s. 1404. as privilege, 139 C. J. 324. » 18th April, 1887, 313 lb. 1124. ' 253 H. D. 3 s. 644. « 26th Feb. 1885, 294 ib. 1423; « 138 ib. 1307. 27th June, 1884, a, motion to omit ' Controller of the Stationery " Nem. Con." from the entry of the Office, 16th and 23rd July, 1877, third reading of the Eepresentation 132 0. J. 345. 367. 288 . SAME QUESTION MAT NOT BE TWICE OFFEEED. until provisions dealing with that subject had been placed Chapter before the house by the government, was modified by a subsequent resolution, which declared that, as the house was made aware that the government did not intend to undertake legislation regarding the liquor traffic, the house was free to deal therewith.^ Evasions of A mere alteration of the words of a question without any the rule, substantial change in its object, will not be sufficient to evade this rule. On the 7th July, 1840, Mr. Speaker called attention to a motion for a bill to relieve dissenters from the payment of church rates, before Le proposed the question from the chair.^ Its form and words were differ- ent from those of a previous motion, but the object was substantially the same ; and the house agreed that it was irregular, and ought not to be proposed from the chair. Again, on the 15th May, 1860, the order for the second reading of the Charity Trustees Bill was withdrawn, as it was discovered to be substantially the same as the Endowed Schools Bill, which the house had already put off for six months.^ So, also, on the 17th May, 1870, a motion for an address in favour of emigration was not allowed to be made, being substantially the same as a resolution which had been negatived in the same session.* On the 9th May, 1882, it was ruled by Mr. Speaker that a motion affirming the necessity of legislation to enable members duly elected to take their seats, was inadmissible, as an amendment to the same effect, but in different words, had been negatived on the 7th March.^ It is also possible, in other ways, so far to vary the character of a motion, as to withdraw it from the operation of the rule.^ Thus, in the session of 1845, no less than five » 26tli March, 22nd April, 1890,145 Servants(HoiirsofLabour),Speaker'8 0. J. 214. 257 ; 343 H. D. 3 s. 1170. ruling, 27th Jan. 1891, 349 ib. 1176. " 95 0. J. 495; 55 H. D. 3 b. 553. « See, for example. General Con- ' 115 C. J. 249 ; Mr. Speaker way's motions on the American war, DeniBon'a Note-book. 22nd and 27th Teb. 1782, 38 C. J. * 201 H. D. 3 s. 824. 814. 861 ; proceedings upon the malt ' See also Parliamentary Affirma- duty in 1833, 88 ib. 195. 817 ; and tion, 253 ib. 1266; Mr. O'Donnell's upon the sugar duties in 1845, 100 Suspension, 261 ib. 1985; Kailway ib. 59. 69. 81. SAME QUESTION MAY NOT BE TWICE OFFEEED. 289 Chapter distinct motions were made upon the subject of opening — letters at the post-office, under warrants from the secretary of state. They all varied in form and matter, so far as to place them beyond the restriction : but in purpose they were the same, and the debates raised upon them embraced the same matters.^ But the rule cannot be evaded by renewing, in the form of an amendment, a motion which has been already disposed of. On the 18th July, 1844, an amendment was proposed to a question, by leaving out all the words after " that," in order to add, " Thomas Slingsby Duncombe, esq., be added to the committee of secrecy on the post-office : " but Mr. Speaker stated that, on the 2nd July, a motion had been made, " that Mr. Duncombe be one other member of the said committee ; " that the question had been negatived ; " and that he considered it was contrary to the usage and practice of the house that a question which had passed in the negative should be again proposed in the same session." The amendment was consequently withdrawn.^ Nor can a proposal contained in an amendment, which has been practically negatived by a decision of the house, whereby it was determined that the words of the original motion, on which that amendment was moved, shall " stand part of the question," be again submitted to the house during the same session.® Motion -^s a motion which has been withdrawn, or has not been Motions Tef ^26^' seconded, has not been submitted to the judgment of the may t''"' house, the motion may, therefore, be repeated.* repeated. On the 7th December, 1857, a resolution was proposed for And extending limited liability to joint-stock banks, to which an ^p'eKeded amendment was proposed affirming the same principle in a modified form. The house refused to permit either of these propositions to form part of the question, which was, con- sequently, reduced to the single word " that." On the 11th February following, a bill to the same effect was brought in without objection, the house having pronounced its judgment » 100 C. J. 42. 51 185. 199. 214. * See motion on Eailway Bills « 76 H. D. 3 s. 1021. withdrawn 16th, and renewed 23rd » 10th Feb. 1873; Business of the May, 1845, 80 ib. 432. 798. house, 214 ib. 287; 308 ib. 1708. P. U 290 SAME QUESTION MAY NOT BE TWICE OFFERED. upon a question not substantially the same.^ So, again, on Chapter the Slst March, 1859, an amendment was proposed, but not '■ — made, to a proposed amendment on the second reading of the Eepresentation of the People Bill, expressing an opinion in favour of the ballot : but this was held not to preclude a motion, on a later day, for bringing in a bill for the taking of votes by way of ballot.^ On the 5th March, 1872, a resolution was moved impugning the general operation of the Elementary Education Act, 1870, and enumerating several points in which it failed, including the payment of school fees to denominational schools. In opposition to it, an amendment was carried, afiSrming that it was too soon to review the provisions of the Act. On the 23rd April, Mr. Candlish brought forward a motion for leave to bring in a bill to repeal the 25th clause of the Education Act, which authorized the payment of school fees to denomi- national schools. Exception was taken to this motion, on the ground that substantially it had been embraced in the resolution of the 5th March, and was excluded from considera- tion by the amendment. But it was held that a resolution in terms so general could not prevent a member from moving for leave to bring in a bill to repeal a single clause of the ' Act. Moreover, a motion for leave to bring in this bill differed essentially from a resolution condemning, in general terms, the operation of the Act.* Nor does the rejection of an instruction to a committee on a bill prevent the house from entertaining a separate bill during the same session, which deals with the object of such instruction.* So also, when an objection was taken, 20th July, 1870, that one of the objects of the bill then under discussion was to effect the repeal of an Act, a proposal which the house had negatived during that session, and that the bill, therefore, could not be considered, the Speaker overruled the objec- tion. As he pointed out, the bill had been introduced ' See also proceedings on Negro * Medical Relief Disqualification Apprenticeship, 1838, 93 C. J. 418. Parliamentary Elections Bill, 1885, ■^*1- 294 H. D. 3 s. 1938 ; 140 0. J. 78. ' 114 ib. 145. 170. 317 ; see also p. 292. ' 127 ib. 78. 156. RULE APPLIED TO BILLS. 291 en bills, see p. 449. Ch^ter before the house had arrived at that decision, and that the provision for the repeal of the Act might be struck out of the schedule by the committee on the bill.^ Procedure In passing bills, a greater freedom is admitted in proposing Rule as questions, as the object of different stages is to afford the ^115^ '" opportunity of reconsideration; and an entire bill may be regarded as one question, which is not decided until it has passed. Upon this principle, it is laid down by Hatsell, and is constantly exemplified, " that in every stage of a bill, every part of the bill is open to amendment, either for insertion or omission, whether the same amendment has been, in a former stage, accepted or rejected." ^ The same clauses or amend- ments may be decided in one manner by the committee, in a second by the house on the report, and, formerly, might have been dealt with again on the third reading ; and yet the inconsistency of the several decisions will not be manifest when the bill has passed. On the 8th August, 1836, a clause, which was added on the report of the Pensions Duties Bill, to exempt the pension of the Duke of Marlborough from the provisions of that bill, was struck out by amendment on the third reading of the bill.^ In 1864, in committee on the Poisoned Flesh Pro- hibition Bill, a clause was added, providing that the bill should not extend to Ireland. This clause was left out on the consideration of the bill, as amended, and lastly, on the third reading, the bill was recommitted, when a proviso was introduced imposing restrictions upon the operation of the bill in Ireland.* When bills have ultimately passed, or have been rejected. Bills once the rules of both houses are positive, that they shall not be ^^^erted' introduced again : but the practice is not strictly in accord- Contra- dictory amend- ments not permitted in com- mittee, see p. 458. ' 203 H. D. 3 s. 563. " 2 Hataell, 135. ' 91 0. J. 762. 817. Iq 1844, an amendment of Lord Ashley's (for ten hours' labour) having been car- ried against the government in the Factories Bill (which limited the hours of labour to twelve), the government withdrew the bill, and brought in another to the same effect, which was ultimately carried; and thus the decision of the house, upon Lord Ashley's amendment, was vir- tually reversed, 3 Lord Balling, Life of Lord Palmerston, 136, n. * 119 C. J. 425. 436, &c. ; 176 H. D. 8 s. 1611. 292 SAME QUESTION MAY NOT BE TWICE OFFEEED. ance with them. The principle is thus stated by the Lords, Chapter 17th May, 1606 ^— — " That when a bill hath been brought into the house, and rejected, another bill of the same argument and matter may not be renewed and begun again in the same house in the same session where the former bill was begun : but if a bill begun in one of the houses, and there allowed and passed, be disliked and refused in the other, a new bill of the same matter may be drawn and begun again in that house whereunto it was sent ; and if, a bill being begun in either of the houses, and committed, it be thought by the committees that the matter may better proceed by a new bill, it is likewise holden agree- able to order in such case, to draw a new bill, and to bring it into the house." It was also declared, in a protest, signed by seven lords, 23rd February, 1691, in reference to the Poll Bill, in which a proviso contained the substance of a bill which had dropped in the same session, " that a bill having been dropped, from a disagreement between the two houses, ought not, by the known and constant methods of proceedings, to be brought in again in the same session." The Lords, nevertheless, agreed to that bill, but with a special entry, declaring that they would not hereafter admit, upon any occasion whatsoever, of a pro- ceeding so contrary to the rules and methods of Parliament.^ In the Commons, it was agreed for a rule, 1st June, 1610, that " no bill of the same substance be brought in the same session." But a second bill has been ordered, with a special entry of the reasons which induced the house to depart from the usage of Parliament.^ And when part of a bill has been omitted by the Lords, and the Commons have agreed to such amendment, the part so omitted has been renewed, in the same session, in the form of a separate bill.* Thus when the Lords struck out a provision in the Parliamentary Elections Redistribution Bill, 1885, which enacted that the receipt of medical poor law relief should not disqualify a voter, the Commons agreed to that amendment, and passed a bill which effected the object of that provision.^ ■ 2 L. J. 435. 118 C. J. 24. 203. 2 15 ib. 90. ' The Medical Kelief Dis(iualifi- » 1 C. J. 434 ; see also 158 H. D. cation Removal Bill, 1885, 140 ib. 3 B. 1348 ; 62 0. J. 61. 317 ; 298 H. D. 3 a. 1590. * Drainage (Ireland) Bill, 1863, RULE APPLIED TO BILLS. 293 Chapter ^ method of procedure, moreover, has been adopted, with Lords' ■ the sanction of both houses, by which these rules are partially fng^^g^ted disregarded. When the Lords, out of regard for the privi- leges of the Commons, defer the consideration of the amend- ments made by the committee on a bill received from the The Lords' Commons, for a period beyond the probable duration of the mons'privi- sossion, if such amendments be otherwise acceptable, the Com- /I2'' ^^° P' mons appoint a committee to inspect the Lords' Journals ; and, on receiving their report, which explains the position of the bill in the Lords, to order another bill to be brought in. This bill often has precisely the same title, but its pro- visions are so far altered as to conform to the amendments made in the Lords. With these alterations, it is returned to the Lords, received by them without any objection, and passed as if it were an original bill. Such a bill is not identically the same as that which preceded it : but it is impossible to deny that it is "of the same argument and matter," and " of the same substance." This proceeding can Bills laid be resorted to when the Lords pass a bill and send it down to the Commons, with cl^^uses that trench upon their pri- vileges. The Commons can lay the bill aside, and order another, precisely similar, to be brought in, which, in due course, is sent up to the Lords. A proceeding somewhat similar may arise, when a bill is returned from the Lords to the Commons, with amendments which the Commons cannot, consistently with their own privileges, entertain. In that case, if the Commons be willing to adopt the amendments, they can order the bill to be laid aside, and another to be brought in.^ If a bill has been postponed or laid aside in the House of lords Commons, the Lords have sometimes appointed a committee Commons' to search the Votes and Proceedings of the Commons, and "'°*^^" may, if they think fit, introduce another bill, and send it to the Commons.^ But in all the preceding cases, the disagreement of the Proroga- two houses is only partial and formal, and there is no dit- new bills. > 91 C. J. 777. 810; 100 ib. 664. ^ 75 L. J. 590; 77 ib. 505. CSS.; 103 ib. S8S ; 127 ib. 167. 294 SAME QUESTION MAT NOT BE TWICE OFFEEED. ference in regard to the entire bill. If the second or third Chapter reading of a bill sent from one house to the other be deferred — — '- — for three or six months, or if it be rejected, the bill cannot be revived in the same session. Hence, in 1707, Parliament Effect of a was prorogued for a week, in order to admit the revival of a ^^^''se'ep. bill which had been rejected by the Lords ; ^ and in 1831, *^- Parliament was prorogued from the 20th October to the 6th December, in order to bring in the third Reform Bill.^ Amending By a rule, annulled by 13 & 14 Vict. c. 21, a second bill, Acts of the ^^ Yariance with the provisions of a bill passed during the same ses- ^ r o sion. same session, could not be introduced ; and thus, in 1721, a prorogation for two days was resorted to, in order to enable Acts relating to the South Sea Company to be passed, con- tradictory to clauses contained in another Act of the same session.* Proposals Proposals have been made for a provision, either by statute Fnvate penZgor ^^ ^7 standing orders, for the suspension of bills, from one^iXs'-^ resuming gession to another, or for resuming proceedings upon such P' ^^''• bills. . . ox- bills, notwithstanding a prorogation. These schemes have been discussed in Parliament, and carefully considered by committees : but various considerations have restrained the legislature from disturbing the constitutional law by which parliamentary proceedings are discontinued by a proro- gation.* » 2 Burnet's Own Times, 467; 2 Report of Commons' Committee on Coxe's Walpole, 8 ; 2 Hateell, 127. Business of the House, 1861 ; Mar- 2 86 C. J. 935. quess of Salisbury's Parliamentary ' 19 ib. 639. Proceedings Bill, 1869, 194 H. D. ' Earl of Derby's Parliamentary 3 s. 588 ; again, 7tli May, 1883, 279 Proceedings Adjournment Bill, 1848, ib. 2 ; Eeport of Joint Committee on 98 H. D. 3 s. 329. 981. 1255; 99 ib. Despatch of Business in Parliament,. 246; 100 ib. 131; Eeport of Com- 1869; Reports of Commons' Com- mons' Committee on Public Busi- mittees on Public Business 1878, ness, 1848; Eeport of Lords' Com- and on abridged procedure in 189ft mittee on Public Business, 1861 ; [No. 298]. DEBATE. 295 Chapter OHAPTEE XII. xn. 'fable of EULES OF DEBATE. Contents, see p. xxyi. In the House of Lords, pursuant to standing order No. 25, Manner of a peer addresses his speech " to the rest of the lords in ^^'* '°^" general." In the Commons, a member addresses the Speaker ; and it is irregular for him to direct his speech to the house, or to any party on either side of the house. A member is not permitted to read his speech, but may Reading refresh his memory by a reference to notes. The reading ^^^^'^ *^' of written speeches, which has been allowed in other deliberative assemblies, has never been recognized in either house of Parliament. A member may read extracts from documents, but his own language must be delivered lona fide, in the form of an unwritten composition. Any other rule would be at once inconvenient and repugnant to the true theory of debate.^ In both houses every member who speaks, rises in his place, and stands uncovered. The only exception to the rule is in cases of sickness or infirmity, when the indulgence of a seat is allowed, at the suggestion of a member, and with the general acquiescence of the house.^ Breach of The Only occasion, in both houses, when a member speaks T*.'' sitting and covered is a question of order which has arisen aunng a ° ^ division, see during: a division, when the doors are closed.^ A member p. 338. ^ ' 1 0. J. 272. 494; 7 H. D. 208; Customs and Inland Revenue (No. 83 ib. 3 s. 1169. 1281 ; see also Lord 2) Bill, 1885, the Speaker, in private Colchester's Diary, ii. 60. 432; 223 consultation, expressed his disap- H. D. 3 s. 178; 235 ib. 773. Al- proyal, pointing out that the proceed- though on one occasion, during the ing would be an attempt to carry on debate on the Household Pranchise debate by proxy ; and deference was Bill, 1873, a letter from Mr. Glad- observed to the Speaker's opinion, stone was read to the house, contain- ' Lord Wynford, 64 L. J. 167 ; ing statements regarding the bill Mr. Wynn, 67 H. D. 3 s. 658. Ques- nnder discussion (217 H. D. 3 s. tions proposed by the Speaker sitting 842-844), when it was proposed, in owing to illness, 121 C. J. 197. like manner, to use in debate a letter ' 20th April, 1883, 278 ib. 854; from Mr. Gladstone touching, the 2nd Sept. 1886, 308 ib. 1165. 296 DEBATE. may speak from the side galleries, appropriated to members, Clapter xu. Time of king. No member to speak after a question fully put. Who en- titled to In the Lords. The Speaker's call. The Com- mons. Eules, Orders, &c. No. 167. but not from below the bar.^ Debate arises when a question has been proposed by the Questim Speaker, and before it has been fully put. frlmfhe In the House of Lords, under standing order No, 30, "^^i^s^ " when a question hath been entirely put by the Speaker, no lord is to speak against the question before voting ; " and a question being entirely put implies that the voices have also been given. In the Commons, no member may speak to any question after the same has been fully put by the Speaker ; and a question is fully put when he has taken the voices both of the ayes and of the noes.^ From the limited authority of the Speaker of the House of Lords, in directing the proceedings of the house, and in maintaining order, the right of a peer to address their lordships depends solely upon the will of the house. When two rise at the same time, unless one immediately gives way, the house call upon one of them to speak ; and if each be supported by a party, there is no alternative but a division. Thus, on the 3rd February, 1775, the Earl of Dartmouth and the Marquis of Eockingbam both rising to speak, it was resolved, upon question, that the former " shall now be heard." ^ If the lord chancellor rises from the woolsack to address the house, it is customary to give him precedence over other peers who may rise at the same time.* In the Commons, when two or more members rise to For the speak, the Speaker calls on the member who, on rising in ^^"j"^ ' his place, is first observed by the Speaker. If the Speaker's ™«»»*«" call be questioned by the house, a motion can be made that amend- ments, see p. 574. ' 246 H. D. 3 8. 1363. Speaking from the galleries is inconvenient, and rarely resorted to. ' 12th May, 1606, " Any man may speak after the affirmative and before the negative." Also 40 H. D. 79. Speaker's ruling, 3rd May, 1819, that debate could not be reopened after he had fully put the question, saying that he thought the " noes " had it. Lord Colchester's Diary, iii, 74 ; 2 Hatsell, 102, n. s 34 L. J. 306 ; see also 18 H. D. 719, m. ; proceedings on motion that the Earl Cairns be heard, 11th June, 1884, 116 L. J. 325. * Debate on Roman Catholic Be- lief Bill, 3rd April, 1829, when the lord chancellor and Lord Kenyon rose together. DEBATE. 297 Chapter one among the members who have risen to speak " be now J__ heard " or " do now speak." On the 20th March, 1782, Lord North and the Earl of whentwc Surrey rose together; and on Mr. Fox moving that the ^''^J^b^^g latter be now heard, Lord North adroitly spoke to that "^'^^ *"■ question, and' announced his resignation, which he had been anxious to communicate to the house.^ A similar contest arose between Mr. Pitt and Mr. Fox, oa the 20th February, 1784 ; ^ and more recently between Sir K. Peel and Sir F. Burdett; and between Lord Sandon and Mr. Duncombe.^ On the 9th July, 1850, Mr. Locke being called upon by Mr. Speaker to proceed with a motion, of which he had given notice, and several members objecting on account of the lateness of the hour, Mr. Forbes Mackenzie rose in his place to speak upon the question that certain petitions do lie upon the table, and objection having been made to his proceeding, a motion was made, "that Mr. Mackenzie do now speak," which was put and negatived ; and Mr. Locke proceeded with his motion.* On the 18th May, 1863, in committee of supply, the solicitor-general and Mr. Nicol both rising, the former was called by the chairman : but several members calling upon the latter, a motion was made that Mr. Solicitor-General do now speak. This motion, however, was withdrawn, and Mr. Nicol pro- ceeded to address the committee. This mode of proceeding is not supported by present usage. It is the Speaker's duty to watch the members as they rise to speak; and the decision should be left with him. In the Commons, not less than twenty members have often been known to rise at once, and order can only be maintained by acquiescence in the call of the Speaker,^ • 12th March, 1771, 2 Cavendish to be sworn, the Speaker decided in Deb. 386 : 1 Memorials of Fox, 295. his favour, 24 Hans. Pari. Hist. 269. " 39 C. J. 943. On the 12th Jan. ' 86 C. J. 517; 95 ib. 557. another dispute had arisen. Mr. * 105 ib. 509; 112 H. D. 3 s. Pitt claimed precedence, as hav- 1190. ing a message from the king : but ' On the 26th Feb. 1872, observa- as Mr. Fox had been in possession of tions were made concerning a sup- tbe house before Mr. Pitt rose, and posed "Speaker's List" by which was interrupted by members coming his choice was governed. Such a 298 DEBATE. who, to elicit discussion in the most convenient form, calls, Chapter xn. as a rule, upon members on either side of the house alternately, who answer one another.^ New A new member who has not previously spoken, is generally called upon, by courtesy, in preference to other members rising at the same time : but this privilege will not be con- ceded unless claimed ' within the Parliament to which the member was first returned.^ Precedence On resuming an adjourned debate, the member who moved wh™™]'*'^ its adjournment is, by courtesy, entitled to speak first on the moved the resumption of the debate:^ but for that purpose, he must adjourn- ment of rise in his place in order to avail himself of his privilege, t e e ate. ^^^ mj^ggg ]jg rises, it is not the duty of the Speaker to call upon him ; * though if, having obtained this advantage, he does not avail himself thereof at the resumption of the de- bate, he is not thereby debarred from subsequently joining therein.* A member who moves the adjournment of a de- bate, with a view to speaking upon the main question on a future day, must, to obtain this privilege, confine himself to that formal motion. When a member has moved or seconded a motion for. the adjournment of a debate, and his motion has been negatived, he is not entitled to speak again to the main question ; ^ and the member whose subsequent motion for adjournment has been agreed to, is, therefore, entitled to be called upon, on resuming the debate : "^ but if a motion list, however, was diBolaimed by the 126 ib. 1243. This rule has since Speaker himself, and by Mr. Glad- been repeatedly maintained by the stone on behalf of himself and the Speaker, as in the case of Mr. War- secretary to the treasury, 209 H. D. ren, 9th Feb. 1858. 3 s. 1032. » 26th Aug. 1886, 308 ib. 614. ' An obsolete rule exists on the ° Mr. Beresford Hope and Mr. journal, 6th June, 1604, that if two Cavendish Bentinok, 15th and 16th stand up to speak to a bill, he March, 1869, 194 ib. 1451. 1497; 227 against the bill be first heard, 1 C. ib. 1098; 232 ib. 1341; 5th Feb. J. 232. 1880, case of Mr. Shaw, 250 ib. 126. ' On the 25th March, 1859, it was 130. 142 ; 17th and 18th March, 1892, claimed in vain for Mr. Beaumont, 2 Pari. Deb. 4 s. 1172. 1201. who had sat in the previous Parlia- ' Galway Election, 8th Aug. 1872 ment. (Sir Colman O'Loghlen), 213 H. D. ' 26th May, 1891, 333 H. D. 3 s. 3 s. 761. On the 6th July, 1874, 1132. 1284. Mr. Jenkins having moved the ad- * Speaker's ruling, 6th May, 1853, journment of the debate upon the DEBATE. 299 ^'^^^ for adjournment to secure the power of first speech on the resumption of the debate, be discussed until the business of the house is interrupted and adjourned pursuant to the standing orders, the mover of the motion, although his motion has lapsed (see p. 210), does not on that account lose the privilege which he sought by making the motion for Inter- adjournment.^ In like manner, when a debate has been p"^08?'^^^ adjourned,^ while a member was speaking, upon the inter- ruption of business prescribed by the standing orders, he has been allowed, on the next occasion, to resume the adjourned debate, and continue his speech.^ When a member, who, having received the Speaker's call, is "in possession of the house," unless he chooses to give way, his speech cannot be interrupted by a member who desires to gain priority in moving an amendment (see p. 279) or to make an explanation (see p. 305). He must Must speak direct his speech to the question then under discussion, q„estbn or to a motion or amendment he intends to move,* or to a point of order. The precise relevancy of an argument is not always perceptible;^ when, however, a member wanders from the question, the Speaker reminds him that he must speak to the question.® It follows, therefore, that second reading of the Church Pa- Perceval stated that he had more tronage (Scotland) Bill, which was to offer in concluding, and would negatived, and Mr. Anderson having go on or stop as the house pleased, moved the adjournment of the house, The adjournment of the debate till which was also negatived, Mr. Came- the next day passed by acclamation, ron moved the adjournment of the N.B. — The first instance in my time debate, which was agreed to ; and of adjourning in the middle of a accordingly, on the resumption of speech," Lord Colchester's Diary, ii. the debate, on the 13th July, the 1^2; 13 H. D. 1 s. 114. latter rose and was called upon by » Hypothec (Scotland) Bill, 21st the Speaker. July, 1869 (Mr. Orr Ewing). > 9th and 11th Aug. 1892, 7 Pari: « 59 H. D. 3 s. 507. Deb. 4 s. 300. 334. » See the celebrated debate, 6th ^ An adjournment of the debate May, 1791, on the Quebec Goveru- has been agreed upon, to enable a ment Bill, in which Mr. Burke in- member to continue his speech upon sisted upon the relevancy of Paine's another day. 8th March, 1809, "Mr. Eights of Man, and the recent events Perceval having spoken for three of the French Eevolution, 2 Lord J. hours on the charges against the Eussell's Life of Fox, 253. Duke of York, the house loudly " "If any man speak not lo the called for an adjournment. Mr. matter in question, the Speaker is to 300 DEBATE. debate must not stray from the question before the house to Chapter matters which have been decided during the current session, . nor anticipate a matter appointed for the consideration of jy^^^^ ^ the house, according to the principle laid down by rulings a^Appro- to that effect, mentioned on p. 264.^ For instance, upon a&7?,p.56i| motion for the appointment of a committee upon the game ^^S laws, a member was restrained from criticizing the pro- """""''^f^ o i: of supply, visions of certain bills before the house for the amendment p- 572. of those laws ; ^ though when bills, in the charge of the ff^ "^ government, dealing with subjects bound together by a reading of . , -, . . , . <' ^'") see p. common principle, stand in a series upon the notice paper, 445 ; m debate on the first bill may include therein a discussion of \nnuai^ the bills of a cognate character.^ ^''> ^^ P- On the consideration by the house of the names, taken seriatim, of commissioners to be appointed pursuant to the provisions of a bill,* discussion, sought to be raised upon each name, of the general policy involved in the appoint- ment of the commissioners was not permitted. On a motion for the withdrawal of a bill, or for the postponement of a stage of a bill (p. 301), the provisions thereof must not be dis- cussed, and debate must be strictly confined to the object of the motion.^ Debate also on a motion for the adjournment of the house, or of the debate, must, pursuant to standing order No. 22, be kept to the motive of the motion. Nor, when a remark made in debate has been ruled to be out of order, can those remarks be subjected to debate.® Irrelevance A member who resorts to persistent irrelevance may, or r6p6~ tition. under standing order No. 24, be directed by the Speaker or s. 0. 24, the chairman to discontinue his speech, after the attention p. 828. ' of the house has been called to the conduct of the member;' S. 0. 22, Appendix, p. 827. moderate," 18th May, 1604, 1 C. J. 975. ' 7th March, 1856, 140 H. D. 3 s. 2037; 146 ib. 1702; see also 176 ib. 1797 ; 185 lb. 886 ; 187 ib. 775 ; 210 ib. 1815; and 153 ib. 338; 157 ib. 116. 1804 ; 159 ib. 348 ; 165 ib. 799 ; 167 ib. 1139; 189 ib. 91. 96; 210 ib. 1815; 211 ib. 1281; 212 ib. 1480; 219 lb. 1054 ; 238 lb. 1492 ; 239 ib. 1249; 241 ib. 807; 242 lb. 1443. 2 195 lb, 1718 ; also 14th Jan. 1881, 257 ib. 812. 3 12th April, 1888, 324 ib. 1066; 13th May, 1889, 336 ib. 1594. * 17th July, 1889, 338 ib. 638. » IstJuly, 1889, 337 ib. 1167; 16th Aug. 1889, 339 ib. 1493. = 27th Aug. 1886, 308 ib. 738. ' The Speaker has directed a DEBATE. 301 Chapter and akin to irrelevancy is the frequent repetition of the same . '- — arguments, whether of the arguments of the member speak- ing, or the arguments of other members ; an offence which may be met by the power given to the chair under standing order No. 24.'' For motions Considerable laxity formerly arose in debate upon ques- Debates on J'o«mt«*, *i«°s of adjournment,^ and though efforts were made to ^;,^'J™^/" ^c, see p. enforce a stricter practice, it was not until 27th November, ment. 1882, that standing orders Nos. 22 and 23 were passed, which s. 0.22.23, restrict debate on all dilatory motions, such as motions for ^'327, '^' the adjournment of a debate, or of the house during any debate, or to report progress, or to leave the chair, to the These matter of such motion ; and which forbid members, who TaplTat the move or second any such motion, from moving or seconding interrup- g^ similar motion during the same debate. tion of ousi- ° ness, see p. The Standing orders also empower the Speaker, or the chairman, if he be of opinion that such dilatory motions are an abuse of the rules of the house, to put forthwith the question thereon from the chair,^ or he may decline to propose the question thereupon to the house.* An attempt was made at the same time to mitigate the interference with the transaction of business caused by motions for the adjournment of the house, when there is no question under Forprac- discusslon, by standing order No. 17, and, as is explained V^o\i'' elsewhere, debate must not be permitted on an order of see p. 240. ^j^g ^g^y^ jjqj qq a, motion of which notice has been given, upon a question for the adjournment of the house. Debate on I* ^^ not regular to discuss the merits of a bill, or other Restraints petitio!!^, order of the day, upon a motion for its postponement, "fo^ o/yj'is member to cease his speech, -without 31st March, 1610, 1 C. J. 172. 423. previous notice from the chair, 14th 948. Feb. 1887, 142 C. J. 66. ^ See H. D. 23rd and 26th June, ' For examples, see 240 H. D. 3 s. and 24th and 25th Aug. 1848 ; see 1662. A member suspended for per- ib. 5th Feb. and 22nd Feb. 1849 ; sistent repetition, 25th Jan. 1881, 102 H. D. 3 s. 1100 ; 232 ib. 1733. 257 ib. 1349; 258 ib. 1620-1627; » 81st July, 1888, 329 ib. 1095. 282 ib. 1081. For resolutions vesting < 8th March, 1887, 311 ib. 1648 ; power in the Speaker to stay im- 19th July, 1888, 328 ib. 1887 ; 19th pertinent speeches, passed in former July, 1889, 338 ib. 887; 19th Aug. times, see 14th and 17th April, 1604 ; 1889, 339 ib. 1783. 302 DEBATE. Otherwise, the merits of a bill might be debated not only Chapter upon its several stages, but whenever its postponement is L_ proposed. And, further, the discussion of each stage might be anticipated, by resuming debates before the day appointed for its consideration by the house.^ On 1st June, 1875, a member having moved the postponement of the second reading of a bill, from the next day until a more distant day, another member rose to move that the order be discharged : but upon the Speaker representing the incon- venience and impropriety of such an amendment, which would raise a debate upon the merits of the bill, when its postponement only was in question, the amendment was not proceeded with.^ When no ^° member may speak except when there is a question question is ^lefore the house, or the member is about to conclude with before the house. a motion or amendment. These are the only exceptions which are admitted: questions put before the commence- ment of public business to ministers or other members of the house (see p. 236) ; personal explanations (see p. 303) ; and statements made by the ministers of the Crown regard- ing public affairs. Ministerial Explanations of this kind are made to the house on behalf Uons'"^' °^ *^® government, stating the advice they have tendered to the sovereign regarding their retention of office, or the dissolution of Parliament ; announcing the legislative pro- posals they intend to submit to Parliament ; or the course they intend to adopt in the transaction and arrangement of public business. The time when these explanations are made is after the questions to ministers and to other members have been answered, and before the commencement of public commence- business:^ though a ministerial explanation has been'"?*"/ . ° '^ public ms>- made before the Speaker began to call on members to ness, see p. 243 put their questions upon the notice paper.* As no ques- ' 240 H. D. 3 s. 858. explanations have also been made ' 224 ib. 1235. during debate on motions that af- » 10th June, 1884, 290 ib. 692; 13th forded an opportunity for the state- June, 1892, 5 Pari. Deb. i. 5. 915. ment. For instance, on motion for * 293 H. D. 3 s. 1820. Ministerial committee of supply, 4th March, DEBATE. 303 Chapter XII. Expla- nation during de- hate, see p. 30.4, See also reference to prior de- bates by way of ex- planation, p. 308. tion is before the house, debate on such statements is irregular.^ Explanation by a member of the circumstances which have caused his resignation of an office in the government is usually made immediately before the commencement of public business.^ Though debate must not arise upon the explanation, statements pertinent thereto on behalf of the government have been permitted. In regard to the explanation of personal matters, the house is usually indulgent ; and will permit a statement of that character to be made without any question being before the house : but no debate should ensue thereon. General arguments or observations beyond the fair bounds of explanation, or too distinct a reference to previous debates, are out of order;* though a member has been permitted by the Speaker to make, upon a subsequent sitting, an expla- nation regarding alleged misrepresentation in debate.* The indulgence of a personal explanation should be granted with caution ; for, unless discreetly used, it is apt to lead to irregular debates.^ In one case personal explanations were permitted to be made by one member, on behalf of another who was abroad.^ Explanations have also been allowed on behalf of gentlemen whose conduct had been reflected upon in debate;'' though recently 1859, 153 ib. 334; Mr. Sheridan and the chancellor of the exchequer, 17th March, 1864, 174 ib. 191 ; Mr. Lowe, Lord E. Cecil, Mr. Disraeli, and Mr. Walter, 18th April, 1864, 174 ib. 1203; Mr. Baillie Cochrane, the chancellor of the exchequer, and Mr. Eoebuot, 28th March, 1865, 178 ib. 372 ; 269 ib. 106-132. See also mo- tion to express regret that imputa- tions made against a member had not been withdrawn on the occasion of a personal explanation, 18th March, 1864, 174 ib. 306. " Mr. Bright, 16th March, 1860, for Mr. Cobden, 157 ib. 718. ' Case of Dr. Beke, 29th Nov. 1867, 190 ib. 422 ; case of Mr. Eeed, 210 ib. 403. Expla- nation on leaving office. Personal expla- nation. Rules, Orders, &c,. No. 178. 1867; on motion for an adjournment of the house, 5th March, 1867, 185 H. D. 3 s. 1309. 1339. ' Debate has been raised on » ministerial statement upon a motion for adjournment, 290 ib. 696. " Lord Henry Lennox, 230 ib. 1481 ; Mr. W. E. Porster, 269 ib. 106. Explanations of this nature have been made during debate upon a motion to which such statements were relevant; Mr. Courtney, 4th Dec. 1884, 294 ib. 659 ; Mr. Cham- berlain and Sir George Trevelyan, 304 ib. 1104. 1181. ' Lord C. Paget, 14th March, 1864, 173 ib. 1913. * 87 ib. 480. ' Mr, T. Duacombe, 18th March, 304 DEBATE. an explanation of this nature was not permitted by the Chapter Speaker.' To speak Except on occasions when a reply is permitted (see p. Speech re- 305), or in a committee, it is a rule, strictly observed in termpUd both houses, that no member shall speak twice to the ''^ "fj"""'- ' '^ _ ment, see p. same question, unless he speaks to explain some part of 299. his speech which has been misunderstood. Accordingly, when a member speaks to a motion, and resumes his seat without moving an amendment that he intended to propose. Relaxation he cannot subsequently rise to move the amendment, havina; o/*^""'^ ^ •' ' o Qtusmess of already spoken to the question before the house.^ So also, the house), see T) 282 if, when an order of the day has been read, a member, having made a prolonged appeal that the consideration of the order should be deferred, resumes his seat, he cannot again address the house thereon.* Under special circum- stances, on an explanation from the Speaker, the pleasure of the house has been signified that a member should be allowed to speak a second time ; * and a second speech has been allowed to a minister, who had spoken early in the debate, in answer to a question which had rendered a ministerial explanation necessary, or to answer a question addressed to him after he had spoken.^ To explain. 1. The right of an explanation is regulated in the House of Lords by standing order No. 27, which prescribes that no man is to speak twice to a bill, at one time of reading it, or to any other proposition, except the mover in reply, " unless it be to explain himself in some material part of his speech" (no new matter being introduced), and not without the leave of the house first obtained. Rules So also in the Commons, a member who, during a debate, No'^n's*'' ' ^^® spoken to a question may again be heard to offer explanation of some material part of his speech which has been misunderstood : but he must not introduce new ' 19th May, 1882, 269 H. D. 3 s. March, 1864 (the chancellor of the 1095. exchequer and Mr. H. B. Sheridan), ' 191 ib. 1083. 173 H. D. 3 8. 1549. ' Indian CounoilB Act Amendment ' Lord J. Eussell, 3rd Feb. 1852, Bill, 26th May, 1892, 4 Pari. Deb. 4 119 ib. 88. 153 ; the attorney-general, 8. 1930. 8th April, 1864, 174 ib. 935. ' Government Annuities Bill, 7th DEBATE. 305 Chapter matter, nor endeavour to strengthen by new arguments his '- — former position, which he alleges to have been misunder- stood, or to reply to other members.^ But here, again, a See ^ greater latitude is permitted in cases of personal expla- statement, nation, where a member's character or conduct has been ^' ■ impugned in debate.^ The proper time for explanation is at the conclusion of Propertime the speech which calls for it : but it is a common practice nation. for the member desiring to explain, to rise immediately the statement is made to which his explanation is directed, when, if the member in possession of the house gives way and resumes his seat, the explanation is at once received : but if the member who is speaking declines to give way, the explanation cannot then be offered.^ 2. A reply is only allowed to the peer or member who Reply. has proposed a substantive question to the house ; and this privilege is accorded to the mover of a substantive motion for the adjournment of the house.* It is not conceded to a member who moves an order of the day, such as a motion that a bill be read a second time ; nor an amendment,^ the previous question,^ an adjournment during a debate, a motion on the consideration of Lords' amendments, nor an instruction to any committee.'' Under these circumstances, Eeserred it is not uncommon for a member to move an order of the ^P^^'='^- day, or second a substantive motion by raising his hat, » 165 H. D. 3 s. 1032 ; 167 ib. 1866, 183 ib. 800 ; Mr. Lawson and 1216. Mr. Lowe and Lord E. Cecil, Mr. Gathorne Hardy, 22nd May, ISthMay, 1864, 175 ib. 462; 223 ib. 1868, 192 ib. 749; 208 ib. 343. 367. 1O09 ; 226 ib. 525. 567 ; 231 ib. 1190 ; 213 ib. 728. 301 ; 241 ib. 332 ; 242 ib. 1709. " See 5th Feb. 1858 ; 4th April, ^ 15th June, 1846 (Sir R. Peel 1859 (ministerial explanations); 11th and Mr. Disraeli), 87 ib. 537. April, 1867, 186 ib. 1505 ; 207 ib. ' See explanation of this rule as 1350; 210 ib. 1846; 17th Deo. 1878, stated by the Speaker, 24th Nov. &c. 1819, 41 H. D. 157 ; 27th March, = 174 ib. 2022 ; 240 ib. 1527. 1860, Mr. Gladstone and Mr. White- " 8th Feb. 1858 (Operations in side, 157 H. D. 3 s. 1407; Mr. Glad- India, Mr. Disraeli). stone and Mr. Newdegate, 27th May, ' 186 H. D. 3 s. 1443 ; Conventual 1861, 163 ib. 83 ; Mr. Denman and and Monastic Institutions, 9th May, the chancellor of the exchequer, 1870 (Mr. Matthews) ; Charing Cross 19th May, 1865, 179 ib. 572; Mr. and Victoria Embankment Bill, 1873 Maguire and Sir E. Peel, 11th May, (Lord Elcho). P. X 306 DEBATE. Cliapter xn. No re- served speech on moving adjourn- ment, &c. Eules, Orders, &c., No. 175. In com- mittee. New ({aestion. without rising to address tlie chair, and to reserve his speech for a later period in the debate. Formerly, a member who had moved an order of the day, or seconded a motion in this manner, was precluded from afterwards addressing the house upon the same question, or was heard merely by the indulgence of the house : ^ but under present usage, the option of speaking at a subsequent period of the debate has been conceded.^ But in moving a motion for adjournment, or an amendment, a member cannot avail himself of this privilege,^ as he must rise in his place to make the motion, and thus cannot avoid addressing the house, however shortly. Accordingly, in such a case, the mover and, in like manner, the seconder of a motion have not the power of reserving their speech until a future occasion during the debate.* And as a member who moves an amendment cannot speak again, so a member who seconds an amend- ment is equally unable to speak again upon the original question, after the amendment has been withdrawn or otherwise disposed of. In both cases, the members have .D«6a 31st March, 1887, 313 H. D. 3 s. D. 3 s. 691. - 101; 12th Aug. 1887, 319. ib. 303; ^ 9 q_ j. 147. ygo; 10 ib. 512; 11 28th June, 1889, 337 ib. 1104; 23rd ib. 580. Mr. Duffy's case, 5th May,. June, 1892, 5 Pail. Deb. 4 s. 1842. 1858, 108 ib. 461. The Speaker has condemned the use * 2 L. J. 713; see also 4 ib. 582 i by a member of improper language 1 0. J. 496. 499, &c. ; 3 Hatsell, 73. directed against the House of Lords, * 13 C. J. 629. 634. 637. 639. in giving notice of a motion, 290 H. 316 OKDEE IN DEBATE. Against a statute. Matters pending judicial de- cision. Reflections on the sovereign, &c. Rules, Orders, &c. Nos. 91. 150. and by Lord Herbert of Cherbury, they were commaaded Chapter to withdraw, and were committed to the custody of the L_ gentleman usher.'- On the 14th March, 1770, exception was taken to a statement in debate by the Earl of Chatham, " that the late lord chancellor was dismissed for giving his vote in this house ; " and the house resolved " that nothing had appeared to this house to justify his assertion." ^ Disrespectful or abusive mention of a statute would seem to be partly open to the same objections as improper language applied to the Parliament itself; for it imputes discredit to the legislature which passed it, and has a tendency to bring the law into contempt ; though the necessity of the repeal of a law justifies, as an argument for that course, its condemnation in debate. A statement that the enactment of a law may justify an appeal to force is not within the cognizance of the chair.^ (6) Matters awaiting the adjudication of a court of law should not be brought forward in debate. This rule was observed by Sir E. Peel and Lord J. Eussell, both by the wording of the speech from the throne, and by their procedure in the house, regarding Mr. O'Connell's case (see n. 4, p. 264), and has been maintained by rulings from the chair. (7) Unless the discussion is based upon a substantive motion, drawn in proper terms (see p. 263), reflections must not be cast in debate upon the conduct of the sovereign, the heir to the throne, and members of the royal family, the Viceroy and Governor-G-eneral of India, the Lord- Lieutenant of Ireland, the Speaker, the chairman of ways and means, members of either house of Parliament,* and judges of the superior courts of the United Kingdom,^ ' 4 L. J. 475 ; 5 ib. 77. '' 32 ib. 476. ' 2nd Sept. 1886, 308 H. D. 3 d. 1108. * See Speaker's ruling, that the explicit statement of the prime minister must be accepted, 8th June, 1883, 280 ib. 116. = Disrespectful language towards the royal family, 21st March, 1887, 312 ib. 1061; 25th July, 1889, 338 ib. 1338 ; the Speaker, 1st March, 1887, 311 ib. 954; 4th April, 1887, 313 ib. 472; 25th March, 1875, 234 ib. 1558 ; 8th June, 1877, 238 ib. 1953; the chairman, 302 ib. 1710; the judges, 26th Feb. 1883, 276 ib. 934; 4th April, 1884,287 ib. 1732; 2nd Sept. 1887, 320 ib. 1031 ; 14th Feb. 1888, 322 ib. 463 ; 1st June, 1893. OBDEE IN DEBATE. 317 ZII, Chapter including persons holding the position of a judge such as a . judge in a Court of Bankruptcy and of a county court. Nor may opprobrious reflections be cast in debate on sovereigns and rulers over countries in amity with her Majesty.^ (8) In order to guard against all appearance of person- Personal ality in debate, it is a rule, in both houses, that no member &c. ' shall refer to another by name. In the upper house, every lord is alluded to by the rank he enjoys, as "the noble marquess," or " the right reverend prelate ; " and in the Commons, each member is distinguished by the office he holds, by the place he represents, or by other designations, as " the noble lord the secretary for foreign affairs/' " the honourable " or " right honourable gentleman the member for York," or " the honourable and learned member who has just sat down." ^ The use of temperate and decorous Ian- Against guage is never more desirable than when a member is canvassing the opinions and conduct of bis opponents in debate. The imputation of bad motives, or motives different from those acknowledged ; misrepresenting the language of another, or accusing him, in his turn, of misrepresentation ; charging him with falsehood or deceit ; or contemptuous or insulting language of any kind ; — all these are unparlia- mentary,® and call for prompt interference.* The same » 14th Feb. 1878, 237 H. D. 3 s. charges," 137 ib. 1895 ; 176 ib. 1003 ; 1639; 6th March, 1878, 238 ib. 799. ^ Mr. Berkeley was called to order, 20th March, 1860, for referring to members by name, as having spoken, in former sessions, against the ballot, 157 ib. 939. ^ A charge made against a mem- ber of having obstructed the busi- ness of the house is not out of order, 2 Sept. 1886, 308 ib. 1170. * For examples of unparliamentary expressions, see Debates, 'Srd March 1864; 173 H. D. 3 s. 1406; and law, see p. gases of Viscount Palmerston and Mr. Layard, 27th April, 1755, and of Mr. Gathorne Hardy and Mr. La- yard, 7th July, 1864 (vote of con- fidence) as to the words, " calumnious Threat of force to resist a also 186 ib. 173. 422. 441. 884; 187 ib. 953; 188 ib. 1895. "Dodge" ruled to be an unparliamentary ex- pression, 193 ib. 1297; so also " factious opposition," ib. 1741 ; and "jockeyed," 198 ib. 512; and ac- cusing a member of having "de- liberately raised a false issue,'' 205 ib. 1743; and having "passed a somewhat impertinent censure," 206 ib. 1685; "hypocritical lovers of liberty," 237 ib. 1639; "rude re- marks," 320 ib. 763 ; " falsehood," 96 ib. 1206 ; 314 ib. 258. But not " ca- lumnious," 201 ib. 1455 ; see also 211 ib. 852; 212 ib. 222. 1653; 213 ib. 750 ; 219 ib. 589 ; 223 ib. 1015. Mr. PlimsoU's case, "villains," 22nd July, 318 OEDER IN DEBATE. In the Lords. Words of heat. Lords. right to claim courteous treatment in debate is due alike chapter between both houses of Parliament ; and abusive language, and imputations of falsehood, uttered by members of the House of Commons against members of the House of Lords have been met by the immediate intervention of the chair to compel the withdrawal of the offensive words,^ or, in default, by the punishment of suspension.^ The rules of the House of Lords upon this point are very distinctly laid down in standing order No. 27, which directs " that all personal, sharp, or taxing speeches be forborne " in the house ; and that if any offence be given of that kind, the house " will sharply censure the offender." ^ On the 10th December, 1766, notice was taken of some words that had passed between the Duke of Eichmond and the Earl of Chatham ; upon which they were required by the house to declare, upon their honour, "that they would not pursue any further resentment." * The Lords also, to prevent quarrels in debate between their members,^ have ordered, by standing order No. 29, that a lord who conceives himself to have received an affront or injury from another member within the precincts of the house, shall appeal to the Lords in Parliament for his reparation ; or shall, if he declines the justice of the house, undergo their severe censure. Sometimes the Lords have extended this principle to the. prevention of quarrels which have arisen out of the house. On the 6th November, 1780, the Lords being informed that the Earl of Pomfret had sent a challenge to the Duke of Grafton, upon a matter unconnected with the debates or proceedings of Parliament, declared the earl " guilty of a high contempt of this house," and committed him to the Tower.^ Commons. The House of Commons will insist . upon all offensive offensitie 1875 ; 225 H. D. 3 s. 1826 ; 226 ib. 178; "impertinence," 230 ib. 863; also 320 ib. 763. ' 298 ib. 101; 299 ib. 1792; 302 ib. 230 ; 308 ib, 937; 313 ib. 303. ' 28th Feb. 1890, 341 ib. 1570. ' 12 L. J. 31; Mirror of Pari. «««<' '« 1833, p. 2855. cammitke, • 31 L. J. 448. ^"P'''"- ' 16 ib. 378 ; Earl Bivers, 8th Feb. 1698. ' 36 ib. 191. ORDEE IN DEBATE. 319 Chapter words being withdrawn, and upon an ample apology being '- — made, which shall satisfy both the house and the member to Offensive whom offence has been given.^ If the apology be refused, with by " '^^ ^^ *^^ offended member decline to express his satisfac- Fariia- tion, the houso takes immediate measures for preventing ment, see . ' . . p. 96. the quarrel from being pursued further, by committing both the members to the custody of the Serjeant ; whence they are not released until they have submitted themselves to ~the house, and given assurance that they will not engage in hostile proceedings.^ In 1770, words of heat having arisen between Mr. Fox and Mr. Wedderburn, the former rose to leave the house, upon which the Speaker ordered the Serjeant to close all the doors, so that neither Mr. Fox nor Mr. Wedderburn should go out till they had promised the house that no further notice should be taken of what had happened.^ If words of heat arise in a committee of the whole house, they are reported by the chairman, and the house interposes its authority to restrain any hostile proceedings.* The Commons will also interfere to prevent quarrels Challenges between members, arising from personal misunderstanding qulrj-eis in a select committee, as in the case of Sir Frederick Trench and Mr. Eigby Wason, on the 10th June, 1836. One of those gentlemen, on refusing to assure the house that he would not accept a challenge sent from abroad, was placed in custody ; and the other, by whom the challenge was expected to be sent, was also ordered to be taken ; nor were either of them released until they had given the house satisfactory assurances of their quarrel being at an end.^ The sending a challenge by one member to another, in con- sequence of words spoken by him in his place in Parliament, is a breach of privilege, and will be dealt with accordingly, ' 78 C. J. 224 ; 96 ib. 401 ; 103 ib. J. 9. 11 ; 91 ib. 484. 485 ; 92 ib. 270 ; 442. 443 ; 107 ib. 143. Sir E. Peel 93 ib. 657. 660. and the O'Donoghue, 1862, 117 ib. ' MS. Officers and Usages of the 64 ; 165 H. D. 3 s. 617 ; 167 ib. 854. House of Commons, 1805, p. 138. Sir B. Peel and Mr. Maguire, 11th * 106 0. J. 313. May, 1866, 183 ib. 801. = 91 ib. 464. 468; 34 H. D. 3 s. => 8 H. D. n. s. 1091 ; Lord Althorp 410. 486. and Mr. Sheil, 5th Feb. 1834, 89 C. 320 OEDEE IN DEBATE. unless a full and ample apology be offered to the house.^ Chapter But it does not appear that the Speaker or the house would ' interfere to prevent a quarrel from being proceeded with, where it had arisen from a private misunderstanding, and not from words spoken in debate, or in any proceedings of the house or of a committee. In such cases, if any interference should be deemed necessary. Information would probably be given to the police. But in 1701, Mr. Mason, a member, having sent a challenge to Mr. Molyneux, a merchant, the house required his assurance that the matter should go no further.^ Words When disorderly words are used by a member in debate, Words f^^^_ notice should be immediately taken of the words objected *^^tl"^ to ; ^ and if a member desires that the words be taken down, ^eaier's direction, Eules, he must repeat the words to which he objects, and state see p. 329. j^o/;J9'q_ °'' them to the house exactly as he conceives the words io Bepm-thj have been spoken. Then the Speaker or chairman, if in "i^^^ his opinion the words are disorderly/ having ascertained the •^ot taken '■ . . OOMW, seep. sense of the house or the committee, directs the Clerk to 366. take down the words to which objection has been taken.^ Even the Speaker's own words have been taken down.^ The Commons have agreed " that when any member had spoke between, no words which had passed before could be taken notice of, so as to be written down in order to a censure."' And on the 9th April, 1807, the Speaker decided that certain words could not be taken down, though a member had immediately risen to order, and had objected to the ' Case of Mr. Eoebuok and Mr. been used, in the division lobby, Somers, 16tb June, 1845, 100 C. J. concerning a speech delivered at a 589; 81 H. D.3 s. 601. Notice taken public meeting, 16th May, 1867, 122 of a challenge sent to a member, 0. J. 221. on remarks made outside the house, ' 165 H. D. 3 s. 622. 268. ib. 196. which touched proceedings in the " Eegarding the Speaker's disore- house, 31st May, 1883, 138 0. J. 282. tion in giving the direction, see 2 In 1798, the Speaker did not inter- Hataell, 272, n. ; also 115 H. D. 3 s. fere to prevent the duel between Mr. 276 ; 235 ib. 1806. Pitt and Mr. Tierney : but went to " 2 Hatsell, 269 ; 66 0. J. 391 ; 68 Putney, where it was fought, 1 Lord ib. 322 ; 247 ib. 1382 ; 270 ib. 365 ; Sidmouth's Life, 204. 206. 272 ib. 1563. ' Private memorandum, 22nd Feb. " Feb. 16th, 1770, 1 Oav. Deb. 463. 1849. But see 13 0. J. 444; also ' 2 Hatsell, 269, n. case when offensive language had OEDEE IN DEBATE. 321 Chapter words used, because another member and the Speaker had . '- — spoken to the question of order, before the house expressed a wish to have the words taken down.^ And again, when objection was taken to words, after a question put from the Misbe- chair, it was ruled to be too late.^ This rule applies, if the the'hmsT ™eD^^er is permitted to continue his speech without inter- see p. 328; ruption: and in the Lords, also, the words are required to and for the , , , . suspension be taken down instanter.^ If the words be taken down in see"p- 323!' ^ committee of the whole house, they are reported forth- with, to be dealt with by the house.* Failing the tender of explanation or apology, the consideration of the matter is appointed for the uext sitting, and the member incriminated is ordered to attend. Immediate complaint to the chair is, however, the most effective mode of dealing with offensive words. Another rule, or principle of debate, may be here added. Citiag A minister of the Crown is not at liberty to read or quote norbefore from a despatch or other state paper not before the house, ^^^ ^"^^'i- unless he be prepared to lay it upon the table. This restraint is similar to that rule of evidence, in courts of law, which prevents counsel from citing documents which have not been produced in evidence. The principle is so reasonable that it has not been contested ; and when the objection has been made in time, it has been generally acquiesced in. It has also been admitted that a document which has been cited, ought to be laid upon the table of the house, if it can be done without injury to the public interests.^ The same rule, ' 9 H. D. 326. spatohes and parts of despatches, ' 205 H. D. 3 s. 403. none of which had then been com- ' 48 ib. 321, 17th June, 1839 (Beer munioated to the house, and some Bill). of which the house had determined * Case of Mr. More, 3rd June, 1626, should not be produced, 10 H. D. 1 1 0. J. 866; of Mr. Shippen, 4th Dec. s. 898; 2 Lord Colchester's Diaiy, 1717, 18 ib. 653 ; of Mr. Duffy, 5th 141. Mr. Canning and Mr. Tiemey, May, 1853, 108 ib. 461. 466; of Mr. 11th Feb. 1818, 37 H. D. 388. De- Parnell, 25th July, 1877, 132 ib. bate in committee of supply, 17th 875; 3rd July, 1879; 184 ib. 316; July, 1857 (Sir 0. Wood); 146 H. D. 235 H. D. 3 B. 1810; 272 ib. 1561. 3 s. 1759. See debate, 23rd May, 1565 ; see also p. 858. 1862, on the Longford Election, in = See motion of Mr. Adam, March which Sir Robert Peel referred to in- 4th, 1808, to censure Mr. Canning formation received by the govern- for having read to the house de- ment without citing documents ; and P. Y 322 ORDER IN DEBATE. however, cannot be held to apply to private letters or memo- Chapter randa. On the 18th May, 1865, the attorney-general, on , being asked by Mr. Ferrand if he would lay upon the table a written statement and a letter to which he had referred, on a previous day, in answering a question relative to the Leeds Bankruptcy Court, replied that he had made a statement to the house upon his own responsibility, and that, the docu- ments he had referred to being private, he could not lay them upon the table. Lord E. Cecil contended that the papers, having been cited, should be produced: but the Speaker declared that this rule applied to public documents only.^ Indeed, it is obvious that, as the house deals only with public documents in its proceedings, it could not thus incidentally require the production of papers which, if moved for separately, would be refused as beyond its jurisdiction. Members not connected with the government have also cited documents in their possession, both public and private,^ which were not before the house : but though the house is equally unable to form a correct judgment from partial ex- tracts, inconvenient latitude has sometimes been permitted, which it is doubtful whether any rule but that of good" taste could have restrained. The opinions of the law ofHcers of the Crown, being confi- zegai dential, are not usually laid before Parliament, nor cited in °^^^^^ debate ; and their production has frequently been refused : ^^^ PP' ^^^' but if a minister deems it expedient that such opinions should be made known, for the information of the house, he is entitled to cite them in debate.^ Debate Debate must cease on the question under discussion when closcu the question has been " entirely " or " fully " put by the Speaker of either house of Parliament (see p. 296), in the Lords, pursuant to standing order No 30, and in the Com- mons, under established usage. comments made upon this course, and 282 ib. 2108. See also p. 853. preoedentscited, 166 ib. 2116. Also = Debate,8tliMarch,185S,onnaval statement of rule by Viscount Palm- operations in the Baltic, 137 ib. 261 ; erston, 12th May, 1863 ; and 176 ib. 280 ib. 250. 962 ; 179 ib. 489 ; 235 ib. 935 ; 319 ib. ' Eiota at Belfast, 17th Feb. 1865, 1859. 1869; 336 ib. 651. 177 ib. 354. 355. ^ 179 ib. 489 ; see Speaker's ruling. OBSTKUCTION. 323 Chapter (9) The rules of Parliament are designed to afford every Obstruc- legitimate opportunity of discussion, to ensure reasonable delays in the passing of important measures, and to guard the rights of minorities ; ^ and freedom of debate has been maintained and observed by the rules and usages of both houses, with rare patience and self-denial.^ But, of late, these salutary rules have been strained and perverted, in the House of Commons, for purposes of obstruction. Such a course, if persisted in, would frustrate the power and authority of Parliament, and secure the domination of a small minority, condemned by the deliberate judgment of the house and of the country. That it was unparliamentary and opposed to the principles of orderly government was manifest ; and on the 25th July, 1877, it was declared by the Speaker, " that any member wilfully and persistently obstructing public business, without just and reasonable cause, is guilty of a contempt of the house, and would be liable to such punish- ment, whether by censure, by suspension from the service of the house, or by commitment, as the house may adjudge." ^ That a revision of the standing orders must be made to Suspension secure the due transaction of public business, and to main- bei-s. tain the dignity of the house, became obvious. The matter was considered by a select committee in 1878, and a standing order was passed,* 23j:d February, 1880, amended S. o. 21, 22nd November, 1882, for the suspension of a member from p. 827. the service of the house, on question put forthwith, who shall be named by the Speaker, or the chairman of a committee of the whole house, whether he be the chairman ' Jeremy Bentham contrasts the three times, in resisting the puuish- liberal spirit of tlie English Parlia- ment of the printers of the debates ; ment with the intolerance of revolu- and Burke said of these proceedings, tionary France. " In France, the " Posterity will bless the pertinacity terrible decrees of urgency, the de- of that day," 2 Cavendish Deb. 377. crees for closing the discussion, may 395. well be remembered with dread; they ' 132 0. J. 375. ■were formed for the subjugation of the * Occasions when this standing minority— for the purpose of stifling order was put in force : 136 ib. 31. arguments which were dreaded."— 56. 111. 418; 258 H. D. 3 s. 69-88; Political Tactics, 2, Works, 361. 137 C. J. 149. 322. 346. 395. 483 ; 271 2 On the 12th March, 1771, the H. D. 3 s. 1127. 1262; 273 ib. 1280. minority divided the house twenty- 324 OBSTRUCTION. of ways and means or any other chairman,^ for committing Chapter the offence of disregarding the authority of the chair, or of . ZII. abusing the rules of the house by persistently and wilfully ^^^^' obstructing the business of the house, or otherwise.^ Sus- p- 366. pension under the order lasts, on the first occasion, for a°^^^^ week : on the second, for a fortnight; and on any subsequent ofomor . . more mem- occasion, for a month ; and carries with it exclusion from iers, see the precincts of the house ^ (see p. 332). The offence must 827.'' '^' arise in the house, and be dealt with at once. iNo motion can be made that a suspended member be heard at the bar.* Temporary provision was also made by the urgency reso- lutions of sessions 1881 and 1882, to facilitate the conside- s, 0. 25, ration of several important bills ;^ and during session 1887 C!osure,s(!e ^^823'^'^' ^^^ standing order was passed which provides for the closure ^' ^' of debate. s. 0. 22. Limitations were also placed by standing orders No. 22. Appendix"' ^3. and 30, passed during session 1882, amended session 1888, PP- 827. upon obstructive motions for adjournment, and vexatious divisions (see p. 301), and provision was made, by standing ' 332 H. D. 3 s. 991. decided by a majority of three to one ' The words, " or otherwise," apply in a house of not less than 300), was to any form of disorder which it is enabled to vest in the Speaker " the the duty of the chair to restrain, 26th powers of the house for the regula- Feb. 1885, 294 H. D. 3 s. 1421 ; Mr. tion of its business." The Protection T. M. Healy, 142 C. J. 173. 407. of Person and Property (Ireland) BUI, ^ When suspension is ordered on the Peace Preservation (Ireland) Bill, a motion not made pursuant to the and the Prevention of Crimes (Ire- standing order, withdrawal from the land) Bill, 1881, 1882, were dealt with precincts of the house must be oh- accordingly under rules laid upon the tained by express terms in the reso- table of the house by the Speaker, lution for suspension, 146 C. J. 481; A power conferred by these rules of 318 H. D. 3 s. 1417. For the extent ensuring the completion, at a pre- of exclusion enforced in the case of scribed hour, of the consideration of Mr. Bradlaugh, when ordered to a bill in committee and on report withdraw from the house, and of was used in 1881, 136 C. J. 84. 98. members suspended from its service 113. 116 ; then by order of the house, prior to standing order No. 27, in in 1887 and 1888, on the Criminal 1888, see 136 C. J. 227; 261 H. D. Law (Ii-eland), &c., Bill, the Members 8 s. 182. of Parliament (Charges, &c.) Bill, * 313 ib. 1126-1128. 142 C. J. 285. 332 ; 143 ib. 420, and = Pursuant to these resolutions, a the Government of Ireland Bill, 30th minister of the Crown, by a motion June, 21st Aug. 1893. A motion to which declared that the state of apply urgency to votes in supply public business was urgent (the ques- failed, 136 C. J. 124. tion being put thereon forthwith, and ORDER DURING DEBATE, 325 Copter order No, 24, to check irrelevance or repetition in debate, s. o. 24, ' jLIXi ^ _ Appendix These standing orders, during session 1888, received in- p. 828. creased stringeacy ; and the transaction of business was also furthered by providing for the classification, on the notice s. 0. 12, paper, of bills other than government bills, after Whitsun- p. 825. ' ' tide (see p. 247), and for the appointment of motions for s. 0. 16, the introduction of bills, and for the nomination of select p.''826. "^' committees at the commencement of business (see p. 244). By standing order also, with few exceptions, the Speaker s. 0. 51, leaves the chair forthwith for a committee of the house p^832'^'^' (see p. 360). And the Speaker or the chairman can direct s. 0. 27, a member whose conduct is grossly disorderly, to withdraw p g^s^'^' from the precincts of the house for the remainder of that day's sitting (see p. 332). It may be feared, however, that the occasions for debate, afforded by the forms of the house, and the opportunities for delay created by the fixed hours for the interruption of business, pursuant to the standing orders (see p. 208), may still be used to frustrate the ever- increasing work of legislation. II. The rules to be observed by members present in the Rules to be house during a debate are (1) to keep their places ; (2) to members enter and leave the house with decorum ; (3) not to cross °°* ^v^^^- the house irregularly ; (4) not to read books, newspapers, or letters ; (5) to maintain silence ; (6) not to hiss or interrupt.^ (1) By standing order No. 19, the lords are directed to keep To keep their dignity and order in sitting, and not to move out of pieces. their places without just cause ; and that when they cross Lords. the house, they are to make obeisance to the cloth of estate. £ee Ser- ^7 *^^ resolutions of 10th February, 1698, and 16th Feb- Commons. jeanfs ruary, 1720, members of the House of Commons are ordered 199.^*' ^' to keep their places, and not walk about the house, or stand at the bar or in the passages.^ If, after a call to " order," members who are standing at the bar or elsewhere do not disperse, the Speaker orders them to take their places ; when it becomes the duty of the » For the order, " That no memher table," see 11 0. J. 137. do presume to take tobacco in the = 12 ib. 496 ; 19 ib. 425. gallery of the house or at a committee 326 OEDEE DUEING DEBATE. Commons. Crossing before members speajimg Lords. Commons. Silence. Lords. Commons. Serjeant-at-arms to clear the gangway, and to enforce the order of the Speaker, by desiring those members who still obstruct the passage immediately to take their places (see p. 1 99). If they refuse or neglect to comply, or oppose the Serjeant in the execution of his duty, he may report their names to Mr. Speaker. (2) Members of the Commons who enter or leave the house during a debate must be uncovered, and should make an obeisance to the chair while passing to or from their places.^ (3) In the Lords, it has been seen that care should be taken ia the manner of crossing the house, and it is especially irregular to pass between the woolsack and any peer who is addressing their lordships, or between the woolsack and the table. In the Commons, members are not to cross between the chair and a member who is speaking,^ nor between the chair and the table, nor between the chair and the mace, when the mace is taken off the table by the Serjeant. When they cross the house, or otherwise leave their places, they should make obeisance to the chair; (4) They are not to read books, newspapers, or letters in their places.^ This rule, however, must now be understood with some limitations ; for although it is still irregular to read newspapers, any books and letters may be referred to by members preparing to speak, but ought not to be read for amusement, nor for business unconnected with the debate. (5) Silence is required to be observed in both houses. In the Lords, it is ordered, by standing order No. 24 — " That if any lord have occasion to speak with another lord while the house is sitting, they are to retire to the prince's chamber, or else the Lord Speaker is to call them to order, and, if necessary, to stop the business in agitation." In the Commons, all members should be silent, or should converse only in a whisper. Whenever the conversation is so loud as to make it difficult to hear the debate, the Speaker calls the house to order. On the 5th May, 1641, it was resolved — Chapter XII. > D'Ewes, Journal, 282 ; 2 Hatsell, 232. ' Permissible when a member speaks from the third or any higher bench from the floor. ' 4 C. J. 51. OKDEE DURING DEBATE. 327 Chapter " That if any man shall whisper or stir out of his place to the dis- _ _ turbance of the house at any message or business of importance, Mr. Speaker is ordered to present his name to the house, for the house to proceed against him as they shall think fit." ^ (6) They are not to disturb a member who is speaking, Hissing or by hissing, exclamations, or other interruption ; and the tion. resolution of the house, 22nd January, 1693, enjoins " that Mr. Speaker do call upon the member, by name, making such disturbance ; and that every such person shall incur the displeasure and censure of the house." ^ This rule is too often disregarded. In the House of Membei-s Commons, disorderly noises are sometimes made, which, dMt^is'"''' fi'o™ t^6 fulness of the house, and the general uproar grossly dis- maintained when five or six hundred members are im- orderly . ...... ordered out patiently waiting for a division, it is scarcely possible to Ao«set see p. I'epress. On the 19th March, 1872, while strangers were ^^^" excluded, notice was taken of the crowing of cocks, and other disorderly noises, proceeding from members, prin- cipally behind the chair ; and the Speaker condemned them as gross violations of the orders of the house, and expressed the pain with which he had heard them.^ Without such noises, there are words of interruption « Hear, which, if used in moderation, are not unparliamentary ; but ''^*'''" *"'• when frequent and loud, cause serious disorder ; such as Call to ^^^ ^'^y °^ "question," "order, order," or "hear, hear," order, see which has been sanctioned by long parliamentary usage, in both houses. When intended to denote approbation of the sentiments expressed, and not uttered till the end of a sentence, the cry of "hear, hear," offers no interruption to the speech. But the same words may be used for very different purposes, and instead of implying approbation, they may express dissent, derision, or contempt. Whenever Members exclamations of this kind are obviously intended to interrupt ^^^^^^ *"■ a speech, the Speaker calls to " order," and, if persisted in, he names the disorderly members according to ancient usage ; * or puts in force standing order No. 21 or No. 27. ' 2 0. J. 135. 935 ; 11 lb. 66. 2 1 ib. 152. 473 ; see also motions ' 210 H. D. 3 s. 307. against hissing, &o., 1604, 1 lb. 243. * 1 C. J. 483; 2 ib. 185; see 328 EXAMPLES OF DISOEDER. A gross form of interruption, by loud cries of " shame," Chapter has been strongly condemned by the Speaker, who declared !_ his intention to take notice of the committal of the offence.-'- Misbe- On the 15th December, 1792, Mr. Whitmore, having dis- mMnbers in turbod the debate by a disorderly interruption, was " named " the house. }jy ^j^g Speaker, and directed by the house to withdraw. On the 8th June, 1852, " complaint being made by a member in his place, that Mr. Feargus O'Connor had been guilty of misbehaviour to him, Mr. Speaker informed Mr. O'Connor that if he persisted in such conduct, it would be necessary for him to call the particular attention of the house towards him, in order that the house might take such steps as would prevent a repetition of it for the future. Upon which Mr. O'Connor rose in his place, and addressed the house, without expressing his regret for what had occurred. Whereupon Mr. Speaker called upon him ly name ; and Mr. O'Connor then apologized to the house for his misconduct." ^ On the 3rd February, 1881, Mr, Dillon, Mr. Parnell, Mr. Finigan, Mr. O'Kelly, and Mr. O'Donnell, having persisted in repeated interruptions of Mr. Gladstone, who had been called upon 2)isoc£?«r in bv Mr. Speaker to move a resolution of which he had given *^ '"%» , . • P , 1 " see p. 330. notice, and was in possession of the house, were named and suspended.^ On the 2nd September, 1886, whilst a division was in progress, complaint was made of offensive words addressed by one member to another. They were heard ^„(,(,j ^f sitting and covered ; and then the Speaker recommended f*?" ° ' ^ during a that the division should be completed. After the declaration division, of the numbers, the Speaker informed the house that, as ^*° ''' the words had been uttered in the house, the matter came under his cognizance ; and that he was authorized by both the members to tender to the house due expressions of regret and of apology for the occurrence.* Again, 4th May, anecdotes of Mr. Speaker Oiislo-w and ' 28th Jan. 1887, 310 ib. 166 ; 11th Sir F. Norton, as to the calling of May, 1893. members by name ; 1 Lord Sidmouth's ^ 48 C. J. 11. 13; 30 Pari. Hist. Life, 692 ; Fox's speech, 23rd April, 113 ; 107 0. J. 277. ISOi. The case of Major O'Gorman, » 136 ib. 55 ; 258 H. D. 3 B. 68. 6th August, 1878, 242 H. D. 3 s. * 141 C. J. 347 ; 308 H. D. 3 s. 1380. 1438. 1165. EXAMPLES OF DISORDEB. 329 Chapter XII. See also disorder in com- mitteej p. 366. 1887, complaint having been made of insulting words - directed against certain members of the house by a member standing below the bar, the Speaker directed the Clerk to take down the words. The Speaker then, having sought for an explanation from the member who had so offended, required him to .withdraw the words, and to apologize to the house,^ Indecent interruptions of the debate or proceedings, in intenup- a committee of the whole house, are regarded in the same committee. light as similar disorders while the house is sitting. On the 27th February, 1810, the committee on the Expedition to the Scheldt reported that a member had misbehaved himself during the sitting of the committee, making use of profane oaths and disturbing their proceedings. Mr. Fuller, the member complained of, was heard to excuse himself ; in doing which he gave great offence by repeating and per- sisting in his disorderly conduct; upon which Mr. Speaker called upon him hy name, and he was ordered to withdraw. It was immediately ordered, nem. con., that " for his offensive words and disorderly conduct he be taken into the custody of the Serjeant." The member further aggravated his offence by breaking from the Serjeant, and returning into the house in a very violent and disorderly manner, whence he was removed by the Serjeant and his messengers, upon an order given by the Speaker.^ On the 9th June, 1852, the house being in committee, Mr. F. O'Connor interrupted the proceedings of the committee by disorderly and offensive conduct towards a member, and the chairman was directed to report the same to the house. On the Speaker resuming the chair, a motion was made that Mr. O'Connor do attend in his place forthwith ; but it was represented that on the previous day he had been disorderly and had apologized, and that it was fruitless to deal with him again in the same manner. While his conduct was under discussion, he twice entered the house and approached the chair of Mr. Speaker, and then with- drew. It was thus obvious to the house that he must ' 142 0. J. 211 ; see also com- plaints, 30th July and 2nd Aug. 1888, 143 ib. 410. 413. ' 65 ib. 134. 330 EXAMPLES OF DISOBDEE. be dealt with summarily ; and it was accordingly ordered, Wiapter nem. con., that for his disordedy conduct and contempt of the house, he be taken into the custody of the Serjeant-at- arms.'^ Again in committee, on the declaration of the numbers taken at a division, an interchange of insulting words between two members formed the subject of complaint: but, after an explanation, the words were mutually with- drawn.^ Misbe. In cases of disorder, the jurisdiction of the house is also thJiobbie" extended to the lobbies. On the 11th April, 1877, on the numbers being declared after a division, complaint was made to the house, by Mr. Sullivan, of an offensive expres- sion addressed to him by Dr. Kenealy, in the side lobby, during the division just taken. Mr. Speaker observed that, had the expression complained of been used in the house. See the it would have been his duty to deal with the matter on his fj^f^^g ' * own authority : but as the complaint referred to words used ^^^' "■ *- in the lobby, he left it to the consideration of the house ; and Mr. Speaker called upon Dr. Kenealy to explain his conduct. Dr. Kenealy was heard in his place ; and, having admitted that he had used the expression complained of, desired to submit his conduct to the decision of the house : after which he withdrew. It was then resolved that he be ordered to withdraw the offensive expression, and to apologize to the house for having used it. Dr. Kenealy being called in, the Speaker acquainted him with the resolution of the house, and he withdrew the offensive expression complained of, and apologized to the house for having used it.^ On a subsequent occasion, 18th July, 1887, insulting words addressed by a member to another member in the outer lobby, were brought under the cognizance of the house.* ' H. D. 9tli June, 1852. On the « 13th Aug. 1890, 145 ib. 572. 16th June he was discharged, on the ' 132 ib. 144 ; 233 H. D. 3 s. 951. report of a committee, that arrange- * 317 ib. 1167; 142 0. J. 377. ments had been made for his removal 389. On a former occasion, an ap- to a lunatic asylum, 107 C. J. 278. peal to the Speaker, as a point of 292. 301. order, regarding an alleged threat AUTHORITY OF SPEAKEE. 331 Chapter In the enforcement of all these rules for maintainino' Authority XII. ° of Speaker ; order, the Speaker of the House of Lords has no more Lords. authority than any other peer, except in so far as his own personal weight, and the dignity of his office, may give effect to his opinions, and secure the concurrence of the Position of house. The result of his imperfect powers is that a peer Speaker, i-Tni-n see p. 186. who IS disorderly is called to order by another peer, perhaps of an opposite party; and that an irregular argument is liable to ensue, in which each speaker imputes disorder to the last, and recrimination takes the place of orderly debate. There is no impartial authority to whom a,n appeal can be made, and the debate upon a question of order generally ends with satisfaction to neither party, and without any decision upon the matter to which exception had been taken. Duties of In 80 large and active an assembly as the House of Com- Commons. see p. 187. mons, it is absolutely necessary that the Speaker should be Question of invested with authority to repress disorder, and to give order, see ^ x o p. 307. effect, promptly and decisively, to the rules and orders of the house. The ultimate authority upon all points is the house itself: but the Speaker is the executive ofiBcer, by whom its rules are enforced. In ordinary cases, the breach of order is obvious, and is immediately checked by the Speaker; in other cases, if his attention is directed to a Question of -pomt of order at the proper moment, namely, the moment Point of during a when the alleged violation of order occurred,^ he at once "^ 11,^^ ^'^'^"""l gives his decision, and calls upon the member who is at fault, foifiwith, 338. to conform to the rule as explained from the chair. But doubtful cases may arise, upon which the rules of the house are indistinct or obsolete, or do not apply directly to the point at issue ; when the Speaker, being left without specific directions, refers the matter to the judgment of the house. On the 27th April, 1604, it was " agreed for a rule, that if any doubt arise upon the bill, the Speaker is to explain, but not to sway the house with argument or dispute ; " and uttered by a member to another mem- give an opinion, 5th July, 1881, 263 ber in a lobby, was met by the H. D. 3 s. 50. Speaker's stating that upon an oo- ■ 22nd March, 1872, 210 ib. 53i ; ourrence in the lobby he declined to 20th June, 1879, 247 ib. 325. 332 AUTHOBITY OF SPEAKER. S. 0. 21, Appendix, p. 827. S. 0. 27, Appendix, p. 828. in all doubtful matters this course is adopted by the Chapter Speaker.^ Speaker Whenever the Speaker rises to interpose, in the course Motions ox, bi\7ard° of a debate, he is to be heard in silence,^ and the member g^^^^^,^ who is speaking, or offering to speak, should immediately conduct, see sit down; and members who do not maintain silence, or who attempt to address the Speaker, are called to order by the majority of the house, with loud cries of " order " and "chair." Of late years, the authority of the chair in maintaining order has received an accession of strength by standing order No. 21, session 1882, "Suspension of members " (see p. 323), and by standing order No. 27, session 1888, which empowers the Speaker or the chairman^ to order a member whose conduct is grossly disorderly to with- draw immediately from the house during the remainder of that day's sitting;* or if the Speaker or the chairman deems that the powers conferred by this standing order are inadequate to deal with the offence, he may, in accordance with standing order No. 21, name such member ; or he may call on the house to adjudge upon his conduct. Members ordered to withdraw in pursuance of this standing order, or who are suspended from the service of the house in pursuance of standing order No. 21, must with- draw forthwith from the precincts of the house,^ subject, however, in the case of members under suspension, to the proviso regarding their service on private bill committees. It is a rule in both houses, that when the conduct of a member is under consideration, he is to withdraw during the ^ura/j. The practice is to permit him to learn the charge ''"""'''^ against him, and, after being heard in his place, for him to interest m . , , ' , , „. . . .... a vote, see Withdraw from the house. With- drawal from the precincts Members to with- draw when their con- debate. dnct is under de bate. The precise time at which he p. 357. should withdraw is determined by the nature of the charge. When it is founded upon reports, petitions, or other docu- i 1 0. J. 187; 2 Lord CololieBter'E Diary, 141. 2 1 C. J. 244. ' i.e. any chairman. " 1st Deo. 1888, 331 H. D. 3 s 732 ; also 11th July, 1893. ' The area within the walls of the palace of Westminster compose the parliamentary precincts. Answer by the Clerk of the house, Question 1164, Eeport Select Committee (Privilege), sess. 1888, No. 411. WITHDEAWAL OF MEMBEES. 333 Chapter ments, or words spoken and taken down, which sufficiently '. explain the charge, it is usual to have them read, and for the member to withdraw before any question is proposed.^ But if the charge be contained in the question itself, the member is heard in his place, and withdraws after the question has- been proposed ; as in the cases of Mr. Secretary Canning, in 1808 ; 2 and of Lord Brudenell, in 1836.8 jf ^he member should neglect or refuse to withdraw, at the proper time, the house would order him to withdraw. Thus, in the Lords, Lord Pierpoint, in 1641, and Lord Herbert of Cherbury, in 1642,* were commanded to withdraw ; and in the Commons, in 1715, it was ordered, upon question and division, " that Sir W. Wyndham do now withdraw." ^ When a member's conduct has not been directly impugned by the form of the question, he has continued in the house and voted.^ "When Mr. John Bright, 18th June, 1883, had been heard in reply to a motion that words he had uttered amounted to a breach of privilege, the Speaker reminded him that he should withdraw. Mr. Bright, however, expressed a wish to remain in his place. The Speaker ascertained the general sense of the house, and Mr. Bright's withdrawal was not required.'' And, acting in like manner, when a member against whose conduct a complaint was made, having been first heard, had withdrawn, on the expression of a desire that the member might return to the house whilst a rejoinder was made to his explanation, the Speaker sanctioned the return of the member to his place, until the consideration of the member's conduct was commenced by the house.^ On the 17th May, 1849, petitions were presented com- Petitions plaining of the conduct of three members, as railways directors, wo/"" inenib6i'&. ' See the cases of Lord Coningesby, ' 63 ib. 149. in 1720, 21 L. J. 450 ; Sir F. Burdett, = 91 ib. 319. in 1810, 65 0. J. 224; Sir T. Trou- * 4 L. J. 476; 5 ib. 77. bridge, in 1838, 88 ib. 470 ; Mr. O'Con- = 18 C. J. 49. nell, in 1836, 91 ib. 42; Mr. S. O'Brien, ^ Mr. Stanafeld, 17th March, 1864, in 1846, 101 ib. 582 ; Mr. Isaac Butt, in 174 H. D. 3 s. 340. 1858, 113 ib. 68 ; Mr. Lever, in 1861, ' 280 ib. 812 ; 138 0. J. 280. 116 ib. 377. 381 ; see also Mr. Plim- « 21st July, 1887, 317 H. D. 3 s. soli's case, 1873, 128 ib. 61. 1633-1638. See also p. 853. 334 WITHDRAWAL OF MEMBEES. The members were permitted to explain and defend their Chapter conduct, but did not afterwards withdraw. It being contrary ! — to the standing orders (see p. 503) to make a motion or to enter upon a debate on the presentation of a petition, unless it complains of some present personal grievance or relates to a matter of privilege, the conduct of the members could scarcely be regarded as under the consideration of the house at that time, and as soon as the members were heard, the petitions were ordered to lie upon the table, without further debate. One of the members withdrew, but returned almost immediately to his seat. Members in On the 28th April, 1846, the house had resolved that Mr. con amp . -^ g^ O'Brien, a member, had been guilty of a contempt : but the debate upon the consequent motion for his commit- ment was adjourned until a future day ; upon which Mr. O'Brien immediately entered the house, and proceeded to his place. Mr. Speaker, however, acquainted him that it would be advisable for him to withdraw until after the de- bate concerning him had been concluded. The reason for this intimation was that the member had been already de- clared to be in contempt, although his punishment was not yet determined upon. On the 30th, a request was made, through a member, that he should be heard in his place : but this was regarded as clearly irregular, and he was not per- mitted to be heard.-^ But a member not yet adjudged guilty of contempt may return to his place, when debate on his conduct has been adjourned.^ • 85 H. D. 3 s. 1198. 1291. ' Mr. Parnell, 25th July, 1877, 235 ib. 1815. 1833. DIVISIONS. 335 Chapter CHAPTER XIII. XIII. Table of DIVISIONS. Contents, In both houses, any member who desires to vote is required Members , . ^ not present to be present in the house when the question is put from the when ques- Tlie voice chair the first or second time (see p. 273). If not within cannot ' TOfe™ee p! the folding-doors of the house when the question is put ■'''*^- 2'^^- from the chair, he is not entitled to vote ; and the follow- ing precedents will explain the various circumstances under which this rule has been applied. On the 16th March, 1821, Mr. Speaker called the attention Precedents. of the house to his having, at the previous sitting, caused a member to vote in a division who was not within the doors of the house when the question was put ; and the house resolved, nem. con., "that the said member had no right to vote, and ought not to have been compelled to vote on that occasion." ^ On the 3rd May, 1819, after the numbers had been reported by the tellers, notice was taken that several members had come into the house after the question was put. Mr. Speaker desired any members who were not in the house when the question was put, to signify the same ; and certain members having stated that they were not in the house, their names were struck off from the " ayes " and from the " noes " respectively ; and the numbers so altered were reported by Mr. Speaker to the house.^ On the 14th June, 1836, the house was informed by a member who had voted with the majority on a former day, that he was not in the house when the question was put, and had therefore no right to vote on that occasion ; and it was resolved that his vote should be disallowed.^ On the 5th July, 1855, the chairman of the committee on the Tenants' Improvements (Ireland) Bill, on reporting pro- > 76 0. J. 172. ^ 91 ib. 475. = 74 ib. 393 ; also 80 ib. 483. 336 DIVISIONS. Chapter XIII, gress, stated that, on a division in committee, when the numbers were reported at the table by the tellers, his attention had been called to the fact that three members, who had voted in the majority, were in the lobby beyond the folding- doors, at the back of the Speaker's chair, when the question was put, and asked whether they were entitled to vote. The Speaker ruled " that to entitle a member to vote he must have been in the house and within the folding-doors, and must have heard the question put. After the glass has been turned, and before the question has been put, the officers of the house are bound to clear the lobbies of all members ; any member not wishing to leave the house or to vote, is at liberty to retire to the rooms beyond the lobby." See also Mr. Speaker also stated, in reply to a question from theP'^^*'"'^ chairman, " that the vote of any member not present when the question is put, may be challenged before the numbers are declared, or after the division is over." ^ In accordance with this rule, members who were in the rooms behind the chair or in one of the side lobbies when the question was put, have been informed by the Speaker or the chairman, that they were not entitled to give their vote.^ • These precedents show that at whatever time it may be Tim, ^a, discovered that members were not present when the ques- mth m tion was put, whether during the division, before the^.T.™"j,^ numbers are reported, or after they are declared, or even p- 3*3. at a subsequent sitting, such votes are disallowed. And in the Lords, a similar rule prevails.^ It was formerly customary, before a division took place in either house, to enforce the entire exclusion of strangers : but in the Commons, pursuant to resolution 10th March, 8. 0. 92 1853, and to standing order No. 92, strangers have only Appendix, been required to withdraw from below the bar ; * and in the Lords, under resolution 10th March, 1857, and standing 139 H. D. 3 s. strangers withdraw. ' 110 C. J. 352 486. » 111 C.J. 47 186. ' 65 L. J. 481 (Local Jurisdiction 141 ib. 242; 142 ib. Bill, 1833); 179 H. D. 3 s. 739. * The direction given by standing order No. 92, for the ■withdrawal of strangers from the front gallery, is not enforced. DIVISIONS. 337 Chapter order No. 32, strangers haye not been required to with- ■ draw from the galleries and the space within the rails of the throne. In fact, they withdraw from those parts of the house only in which, if they remained, they would interfere with the division.^ Division The Speaker, directly the debate is closed, puts the Pi'oceed- see p. 273.' question, and when the voices are taken, gives the order to^a ''""' that " strangers must withdraw." One of the clerks at the "^'"^'o"- table then turns a two-minute sand-glass, pursuant to stand- S. 0. 28, ing order No. 28, and, while the sand is running, the door- p.^'fle. ' ' keepers set in motion the "division bells" in every part of the building, to give notice that a division is at hand. When the sand has run out, the Speaker, pursuant to standing s. o. 29, order No. 29, so soon as he shall think proper to direct p.^'flg. ' ' that the doors be closed, cries, " order, order," and imme- diately the Serjeant, and the doorkeepers and messengers under his orders, close and lock all the doors leading into the house and the adjoining lobbies, simultaneously. Those Members members who arrive after the doors are shut cannot gain musrvote admittance, and those who are within cannot leave the house until after the division is concluded.^ Divisions When the doors are closed, the Speaker again puts the Question Mm^ ^ question, and the ayes and noes respectively declare them- "''"^ ^^'' see p. 350. gelyes. By standing order No. 28, the Speaker is obliged s. 0. 28, to put the question twice, because the sand-glass is not p.'^Im'^'^' turned until the voices have been taken ; and in the mean time, members who were not present when the question was Forprac- P'^*' S^''^ admittance to the house. None of these could tice regard- yote unless the question were again put; and therefore the ♦/Iff t*J~ visions at question is put a second time after the doors are closed, in interrupt ordor that the whole house, having had notice of a division, nm''{ *"" ™^y ^^ ^^'^ ^° decide upon the question when put by the 21*- Speaker: but after the question has been first put, no ' In the Irish Parliament, strangers bies until after the doors had been were permitted to be present during locked; and the Serjeant was directed a division ; see 1 Sir J. Barrington, to let him out, without making any Personal Sketches, 195. report ; see also 1 Lord Colchester's ^ On the 16th June, 1857, a peer Diary, 519. remained in one of the division lob- 338 DIVISIONS. Members to clear the house. Procedure on breach of order during a division. Method of fi division. member is permitted to speak ; and the debate cannot, therefore, be reopened after the turning of the sand-glass. When the house proceeds to a division, every member is bound to retire from the house into one of the lobbies. On the 3rd February, 1881, a teller reported that he was unable to clear the house, as several members refused to quit their places. The Speaker, having already called the attention of the house to their conduct during a previous division, now cautioned them that, if they again refused to withdraw, he should consider that they were disregarding the authority of the chair. As they persisted in retaining their seats, the Speaker proceeded to name them, twenty- eight in number, and they were severally suspended from the service of the house.^ On this occasion, and also on the 2nd September, 1886 (see p. 328), the Speaker, after his attention had been called to the breach of order, directed that the division should proceed, and dealt with the matter when the division was completed. A member who is within the folding-doors of the house ^ when the question is put from the chair, for the first or second time, must give his vote. If he has not heard the question put, either the first or the second time,^ the ques- tion is again stated to him from the chair ; * and, if he has entered a division lobby, he may therefore claim to give his vote irrespective of the division lobby into which he may have passed.^ If a member has heard the question put, then his vote must accord with the division lobby that he has entered.® CIiapteT XIII. speak sit- ting, 4-c., see p. 295. See similar m com- mittee, p. 366 ; hut, contra, see p. 853. ' 136 C. J. 56; 258 H. D. 3 s. 78-88. ' The rooms behind the Speaker's chair are not within the house for the purposes of a division; and members may retire to these rooms after the house has been cleared for a division, and before the question has been put from the chair a second time (see p. 336), 123 H. D. 3 s. 713 ; 16th July, 1880, 254 ib. 730. ' A question to ascertain whether a member, being within the folding- doors, has heard the question put, should be invariably addressed to every member who appears at the table, regarding his vote in a division. * 80 C. J. 307; 114 ib. 112; 137 ib. 172 ; 140 ib. 93. ' 137 ib. 172. « Members found in the house." 103 ib. 406 ; 114 ib. 102 ; 121 ib. 140 ; 129 ib. 234. Members found in a division lobby: 117 ib. 151; 129 ib. 243 ; 144 ib. 333; 203 H. D. 8 s. 460. put, see p. 273. Members in the wrong lobby, see p. 343. Divisions in com- mittee, see p. 349. DIVISIONS. 339 *xni" "^ member wlio has not voted upon an amendment is Division nevertheless entitled to vote upon the main question, when ^^°^^^ subsequently put. He therefore should be admitted to the ™<"it- house, so soon as the numbers have been declared after the first division ; ^ and it is the duty of the Serjeant to ensure that the doors of the house are reopened for that purpose. The mode of taking divisions is regulated, in the House Division in of Lords, by standing order No. 32. Until 1857, a division *''' ^"'^'• was effected in the Lords by the not contents remaining within the bar, and the contents going below the bar : but in that year their lordships adopted nearly the same arrangements as those which had been in successful opera- tion, for many years, in the Commons. The proceedings, as at present conducted, may be briefly described. When the question has been "entirely put," the lobbies on the right and left of the house are cleared of strangers, and the When the doors locked. The Lord Speaker appoints two tellers for mfapeer, ®^°^^ P^rty, without respect to their degree.^ The contents see p. 186. then go into the right lobby, and the not contents into the left lobby, and on returning into the house are counted by the tellers, and their names recorded by the clerks, The No casting voto of the lord on the woolsack, or in the chaii', is taken mte, see p. ^j,g^^ j^ ^j^g house ; and any lord may, on the ground of infirmity, by permission of the house, be told in his seat. The tellers having counted the votes, announce them to the lord on the woolsack, or in the chair. Alphabetical lists of the names are printed with the Lords' Minutes; and similar lists, but arranged according to the rank of the peers on the roll, are also inserted in the journal,* If a A peer in peer goes into the wrong lobby, he may, pursuant to standing lotby.'""^ order No. 82, correct the error. Being accompanied by the tellers, to the table, he there declares the vote that he intended to give, which is recorded by them accordingly,* > statements by the Speaker, MS. . ' Eesolutione, lOtli March, 1857 ; notes, 28th May, 1845, and 13th Beports of the Lords' Committee on March, 1849 ; see also 4th June, the minutes and journals, 1857. 1866, 183 H. D. 3 s. 1916. ■■ 166 H. D. 3 s. 1608 ; 94 L. J. = Until 1857, the two tellers were 230; 116 ib. 254. required to be of the same degree. 340 DIVISIONS. When In case of an equality of voices, the not contents have it, •'^p'®' rn'th"*^"^^ and the question is declared to have been resolved in the L. Lords. negative. When this occurs, it is always entered in the journal. " Then, according to the ancient rule of the law," or " the ancient rule in the like cases, ' Semper prsesumitur pro negante,' &c." ^ The effect of this rule is altered when the house is sitting judicially, as the question is then put " for reversing, and not for affirming ; " and consequently, if the numbers be equal, the house refuses to reverse the judgment, and an order is made that the judgment of the court below be afSrmed. Law lonls. As a general rule, none but " law lords," i.e. peers who have held high judicial offices, and lords of appeal, vote in judicial cases, or otherwise interfere with the decisions of the Votes of house. All peers, however, are ^entitled to vote, if they other peers think fit, and the right has been exercised in some very in judicial ' ° •' cases. remarkable cases. In 1685, in the case of Howard v. the Duke of Norfolk, a decree of the Lord Keeper Guildford was reversed, after an angry debate, by a house attended by eighteen bishops and sixty-seven temporal peers.^ In 1689, on Titus Gates' writ of error, the judgment of the court below was afSrmed, on a division, by thirty-five peers against twenty-three, in opposition to the unanimous opinion of the nine judges who attended.* In June, 1806, in the case of Lord Hertford's guardianship of Lord Hugh Seymour's daughter, there was a large attendance of lay peers.* In the writ of error of The Queen v. O'Connell, in > 33 L. J. 519 ; 14 ib. 167. 168. pole, Mem. of Geo. III. 285 ; Hill v. ' 14 ib. 50; Select Chancery Cases; St. John, Sugden, Law of Eeal Prop., 3 Lord Camp. Lives of Chancellors, introduction 21 ; Bishop of London 485. 486. V. Fytche, 36 L. J. 687; 2 Brown's ' L. J. 3lBt May, 1689; 3 Lord Pari. Cases, 211; 5 Lord Campbell, Maeaulay, Hist. 388 ; see also cases Chancellors, 523. of Eeeve v. Long, 16 L. J. 446; * Lord Minto says, 16th June, Sugden, Law of Eeal Prop., Intro- 1806, "The House of Lords made duction ; Bertie v. Falkland, 16 L. a very discreditable appearance on J. 230. 236. 240. 247; Ashby v. this occasion, attending in great White, 17 ib. 369 ; Douglas peerage numbers, at the solicitation or oom- case, 32 ib. 264 ; 16 Pari. Hist. 518 ; mand of the Prince of Wales."— Life 1 Cavendish Deb. 618; Smith v. and Letters of Sir Gilbert Elliot, Lord Pomfret, 33 L. J. 303 ; 4 Wal- first Earl of Minto, iii. 390. DIVISIONS. 341 ''xm'^ 1844, a discussion arose, in which some of the lay lords seemed inclined to exercise their right, but abstained from voting.! On the 9th April, 1883, in the appeal of Bradlaugh V. Clarke, Lord Denman, a lay peer, was present, and expressed his opinion in support of the dissentient lord of appeal, Lord Blackburn. Any lords who desire to avoid voting may withdraw to the woolsacks, where they are not strictly within the house, and are not therefore counted in the division.^ Whilst the Commons sat in St. Stephen's Chapel, the in the separation of the « ayes " and " noes " for the purpose of a ^""■""■'s- division was effected by the retention of one party within the house, to be counted there, and by the withdrawal of the other party into the lobby, who were counted on their return into the house. This practice continued until 1836, when a change of method being thought advisable, the present arrangement was adopted of two lobbies, one at each side of the house, whereby, on a division, the house is entirely cleared; one party being sent into each of the lobbies. The Speaker directs the ayes to go into the right Tellers. lobby, and the noes into the left lobby, and then appoints two tellers for each party ; ^ of whom one for the ayes and another for the noes are associated, to check each other in the telling. If two tellers cannot be found for one of the No division parties, the division cannot take place ; and the Speaker ^wo^Jeliers. forthwith announces the decision of the house. For instance, if it appears that there are no tellers, or but one teller for the ayes, the Speaker declares " that the noes have it." * ' 11 Olar. and Fin. 155. 421. a member, by seconding a motion, ' On the second reading of Queen does not pledge himself to act as Caroline's Degradation BiU, in 1820, teller, 287 H. D. 3 s. 1220. On a Lord Gage enforced an old order, question for the suspension of a and each peer gave his vote, in his member, he was proposed as a teller place, serialim, 53 L. J. 751. 754; 2 for the noes, but Mr. Speaker said Plumer Ward's Mem. 91. that, unless another teller could be 2 A member is bound to act as named, he should declare that the teller for that party with whom he ayes had it ; and a similar case oo- has declared himself, when appointed curred in committee, 20th April and by the Speaker; and his refusal 30th June, 1882,268 H. D. 3 b. 1017; would be reported to the house, 271 ib. 1129. Private Mem. 7th July, 1859 ; though * 97 0. J. 183. 354 ; 98 ib. 605 ; 342 DIVISIONS. "When there are two tellers for each party, the division ^^^^ Two clerks are stationed • — Method of in."he" proceeds, and the house is cleared, Commons, jjj gg^^j^ division lobby, at desks, on which are placed lists of the members, in alphabetical order, printed upon a sheet of paper ; and, as the members pass by, the clerks place a mark against their names; and, at the entrance from the lobby into the house, the tellers count the numbers. Members disabled by infirmity are told in the house. When both parties have returned into the house, the tellers state the numbers in the division to a clerk at the table, to be entered upon the division paper; they then come up to the table (the tellers for the majority being on the right) ; and one of the tellers for the majority reports the numbers. The division paper is handed to the Speaker, who declares the numbers, and states the determi- nation of the house. If two tellers differ as to the niimbers ciencai Tellers' mistakes. error m division on the side told by them, or if a mistake regarding the numbers be discovered, unless the tellers agree thereon, a '"««. sec p. . 349. second division must take place,^ when the numbers will be correctly reported by the Speaker. If a mistake is sub- sequently discovered, it will be ordered to be corrected ia the journal.^ On the 28th November, 1867, an error in tha numbers reported by the tellers in a committee of the whole house having been discovered before the chairman had left the chair, the chairman ordered the numbers to be corrected accordingly.^ Members occasionally remain in a division lobby un- 23rd May, 1850, 105 C. J. 364; 127 ib. 121. 347 ; 132 ih. 61 ; 144 ib. 256. ' Oq the 30th March, 1810, a second division was taken on the Expedition to the Scheldt, 65 ib. 235 ; and again on the 26th June, 1860, in committee on the Tenure and Improvement of Land (Ireland) Bill, 115 ib. 332. In this case a ques- tion was raised privately, whether a member, who had voted with the ayes in the first division, could after- wards vote with the noes : but it was held that, as the first division had become null and void, the house could only deal with the member's voice and vote in the last and valid division. In committee on Parlia- mentary and Municipal Elections BUI, 13th April, 1872, 127 ib. 140, Also Roman Catholic Belief Bill, 8tbj Dec. 1847, 103 ib. 102; 16th June, 1860 (in committee), 115 ib. 332. = 19th Feb. 1847, 102 ib. 131 ; 2nd May, 1860, 115 ib. 216; 13th March, 1863, 118 ib. Ill; 13th March, 1882, 137 ib. 98 ; 141 ib. 57. 103 ; 142 ib. 506, » 123 ib. 16 ; 128 ib. 223. DIVISIONS. 343 Chapter counted by the tellers, and their votes are, by mutual .agreement, included in the tellers statement to the clerk at the table. If the tellers are not made aware that a member has remained uncounted in a division lobby, he can obtain the addition of his vote to the numbers in the division, according to the lobby through which he has passed, if, making an appeal to the chair, he can establish his right to vote, and raises the claim before the report of the numbers by the tellers (see p. 344). Contrary If a member, who, having heard the question put, goes Members in ^'seiecV^ into the wrong lobby, through inadvertence,^ it is the rule lobby.' °"^ committee, in the Commons, in opposition to the practice of the Lords see D. 389 ' i l x (see p. 339), to hold the member bound by the vote he has actually given, without regard to his voice on the question, or his own declared intention. On the 9th April, 1856, " one of the tellers for the noes stated that Mr. Wykeham Martin was with the noes, in the left lobby, but had refused to vote with them " — the fact being that he had gone into that lobby by mistake. As he had heard the question put, he was informed that, having gone forth into the left lobby, his vote must be recorded with the noes.^ Again, on the 21st June, 1864, Sir C. O'Logblen, in com- mittee on the Court of Chancery (Ireland) Bill, went into the wrong lobby, and carried, by his vote, the question that the chairman do leave the chair. He stated his case to the Speaker, when the house was resumed, but was told that, having heard the question put, there was no remedy for his error.^ As has been mentioned (see p. 274), the objection that a Time and member's vote in a division was contrary to the way in ^^^^^l °^ which he had given his voice in the house must be taken ■"'■''^ ^""''^ in a before the declaration of the numbers of the division from division. ' Members who find themaelvea in 1592. the wrong lobby may claim to have '' 111 0. J. 129. the doors unlocked, in order that ' 176 H. D. 3 s. 31. For similar they may pass across into the other cases, see 111 C. J. 129 ; 115 ib. 229 ; lobby, if the claim be made before 119 ib. 359; 121 ib. 137; 137 ib. the tellers begin to tell, 31st May, 172; 164 H. D. 3 s. 210; 142 ib. 1889, 144 C. J. 225; 336 H. D. 3 b. 1814. 344 speaker's casting voice. tlie chair ; and this rule is enforced regarding a demand to chapter record his vote made by a member who, having heard the L_ question put, may have remained in a division lobby, and who had not been counted by the tellers ^ (see p. 342). The objection that a member whose vote had been taken ohjecUm to in a division was not within the folding-doors of the house ^°^ *^^ when the question was put the first or second time from the personal ... , interest^ chair, can be raised either immediately, or subsequently see p. 353. during the sitting when the division took place, or at another sitting of the house. And in the Lords a similar rule prevails (see p. 336). Notice also can be taken, in like manner, either immediately or subsequently, of an error in the tellers' report.^ An error in the report of the numbers taken at a division is brought before the house by both the tellers of the lobby wherein the error arose ; though a statement ipade by one of the tellers has been accepted. It is a teller also who should call the attention of the house to the fact that a vote may have been given in the division by a member, who was absent from the house when the question was put from the chair, or to the case of a member who had re- mained in a division lobby imcounted by the tellers; though the house has acted on notice taken by the member himself, or by another member in his behalf. Casting If the numbers in a division are equal, the Speaker (and Speaker, in committee the chairman, see p. 361), who otherwise never votes, must give the casting voice. In the perform- ance of this duty, he is at liberty to vote like any other member, according to his conscience, without assigning a reason : ^ but, in order to avoid the least imputation upon his impartiality, it is usual for him, when practicable, to vote in such a manner as not to make the decision of the house final, and to explain his reasons, which are entered on the journal.* i Precedents, Til© principle which guides a Speaker in giving his » 245 H. D. 3 s. 919; 11th March, • 93 ib. 587; 95 ib. 536 ; 98 ib. 1885, 140 C. J. 93. 163; 102 ib. 872; 106 ib. 205; 317 2 102 ib. 131. H. D. 3 s. 2015. » 93 ib. 537. speaker's casting voice. 345 Chapter casting vote was thus explained by Mr. Speaker Addington, _ On the third reading of the Succession Duty on Heal Estates Bill, there having been a majority against " now " reading the bill a third time, and also against reading it that day three months, there was an equality of votes on a third question, that the bill be read a third time to-morrow, when the Speaker gave his casting vote with the ayes, say- ing " that upon all occasions when the question was for or against giving to any measure a further opportunity of dis- cussion, he should always vote for the further discussion, more especially when it had advanced so far as a third read- ing ; and that when the question turned upon the measure itself — for instance, that a bill do or do not pass — he should then vote for or against it, according to his best judgment of its merits, assigning the reasons on which such judgment would be founded." ^ On the 24th February, 1797, Mr. Speaker Addington gave his casting vote in favour of going into committee on the Quakers Bill, assigning as his reason that he had pre- scribed to himself an invariable rule of voting for the further discussion of any measure which the house had previously sanctioned, as in this instance it had, by having voted for the second reading : but that upon any question which was to be governed by its merits, as, for instance, "That this bill do pass," he should always give his vote according to his judgment, and state the grounds of it.^ The course adopted by successive Speakers, in giving casting their casting vote, can be traced in the following examples, ^" y^" a" first, of the casting vote given so as to afford the house an matter to ,.. , 1, 1.1*'^^ further opportunity for a further decision ; and secondly, oi the decision of casting vote which decided the matter before the house, * °"^^' given upon the judgment which the Speaker formed upon the occasion which required his vote. (1) In the proceedings taken against Lord Melville, 8th April, 1805, which resulted in his impeachment, the • 12th May, 1792, 1 Lord Col- Lord Colchester's Diary, 85 ; 52 C. J. cheater's Diary, 57 ; 51 C. J. 764. 335. ' 1 Lord Sidmouth'B Life, 187; 1 346 spbakee's casting voice. numbers were equal upon the previous question (moved in *'^P'*' the form, "That the question be now put")— that question being the motion on which Lord Melville's impeachment was f^^^y based— Mr. Speaker Abbot gave his casting vote in favour ^™^^ of the previous question, on the ground that " the original sec p. 269. question was now fit to be submitted to the judgment of the house." ^ (2) On the 10th May, 1860, the numbers being equal upon an amendment to a bill, on report, the Speaker stated that as the house was unable to form a judgment upon the pro- priety of the proposed amendment, he should best perform his duty by leaving the bill in the form in which the committee had reported it to the house.^ A similar course has generally been taken on stages in the progress of bills — often without stating any reasons.^ (3) On the third reading of the Tests Abolition (Oxford) Bill, 1st July, 1864, an adverse amendment having been negatived by a majority of ten, a debate was raised upon the main question that the bill be now read a third time, during which many members came into the house; and upon the division the numbers were equal. Under these circum- stances, the Speaker said he should afford the house another opportunity of deciding upon the merits of the bill, by declaring himself with the ayes, and the question that the bill do pass was negatived by a majority of two.* (1) On a question for the appointment of a committee to whkh inquire into delays in the Court of Chancery, 5th June, 1811, decided a tJ^e Speaker voted with the ayes, it being upon a question before the " whether or not this house shall exercise its own power of inquiry into the causes of existing grievances." ^ (2) On the 26th May, 1826, the Speaker, the numbers being equal, voted in favour of a resolution regarding the practice of the house in cases of bribery at elections, because the • 8th April, 1805, 60 C. J. 201; 536; 96ib. 344; 98 ib. 163; 102 ib. 1 Lord Colchester's Diary, 548. 872 ; 106 ib. 205. ' 115 0. J. 235. " 119 ib, 388. ' 14th Jime, 1821, 76 ib. 439; 1st = 66 ib. 395; 2 Lord Colchester's May, 1828, 83 ib. 292 ; 23rd June, Diary, 334. 1837, 92 ib. 496 ; 93 ib. 587 ; 95 ib. speaker's casting voice. 347 Chapter resolution was merely declaratory of what are the powers, '— and what is the duty of the house.^ (3) On a motion for an address to the Crown in behalf of political offenders, 25th May, 1841, Mr. Speaker declared himself with the noes, as "the vote, if carried, would interfere with the prerogative of the Crown." ^ (4) On a question for referring a petition, complaining of bribery at Bridport, to a committee of inquiry, 19th May, 1846, the numbers being equal, Mr. Speaker declared himself with the noes, because the house had no better means of forming a judgment upon the question than a committee, who had declined to entertain it, and it was open to an elector of the borough, under the provisions of the Act 5 & 6 Vict. c. 2, to present another petition to the house.^ (5) The numbers being equal on the third reading of the Church Eates Abolition Bill, 19th June, 1861, the Speaker gave his casting vote against the bill, stating that it appeared to him that a prevailing opinion existed in favour of a settlement of the question, different, in some degree, from that contained in the bill; and that he thought he should best discharge his duty by leaving to the future judgment of the house to decide what change in the law should be made, rather than to take the responsibility of the , change on his single vote.* (6) On the 24th July, 1862, the numbers being equal on a question for disagreeing to a Lords' amendment, the Speaker said he should support the bill, as passed by this house.^ (7) The numbers being equal upon a proposed resolution relative to Trinity College (Dublin), 24th July, 1867, Miv Speaker stated " that this was an abstract resolution, which, if agreed to by the house, would not even form the basis of legislation : but undoubtedly the principle involved in it was one of great importance, and, if affirmed by a majority of the house, it would have much force. It should, how- ever, be affirmed by a majority of the house, and not merely ' 81 0. J. 387. vote "noe'' on second reading of a = 96 ib. 344. bill, 2nd April, 1821, 76 ib. 229. ' 101 ib. 731. = 168 H. D. 3 s. 785. ^ 116 ib. 282. See also Speaker's 348 speaker's vote in committee. by the casting yote of its presiding officer. For these Chapter reasons he declared himself with the noes." ^ Speaker's By^ while in the chair the Speaker is thus restrained, by speaking in ^ . committee, usage, in the exercise of his independent judgment, in a committee of the whole house he is entitled to speak and vote like any other member. Of late years, however, he has generally abstained from the exercise of his right. This punctilious impartiality was not formerly observed by Speakers. Among the earliest examples are those of Mr. Speaker Glanville, on the 4th May, 1640, upon the granting of twelve subsidies to the king;^ and of Mr. Speaker Lenthall, on the 22nd January, 1641, against the " brotherly gift " to the Scottish nation.^ Sir Fletcher Norton spoke strongly on the influence of the Crown, on the 6th April, 1780 ; and Mr. Speaker Granville, on the Eegency question, on the 16th January, 1789.* On the 17th December, 1790, Mr. Speaker argued, at length, the question of the abate- ment of an impeachment, by a dissolution of Parliament, and cited a long list of precedents.^ On the 4th December, 1797, Mr. Speaker Addington addressed the committee on the assessed taxes, from the gallery.^ The same Speaker also addressed a committee on the union with Ireland, in 1799 ; '' and again, 6th May, 1800, in the committee upon the Inclosure Bill.* In committee on the charges against the Duke of York, 16th February, 1809, Mr. Speaker Abbot moved the commitment of Captain Sandon, a witness, for prevarication.^ Again, on the 1st June, 1809, he made a speech in committee on Mr. Curwen's bill for preventing the sale of seats in Parliament ; ^^ and on the 4th February, 1811, » 122 C. J. 395. On two occasions ' 12th Feb. 1799, 1 Lord Sid- the Speaker has voted for the post- mouth's Life, 219. 225 ; 1 Lord Col- ponement of a proceeding to a future cheater's Diary, 175 ; and see 34 day, 9th Aug. 1878, 142 H. D. 3 s. Pari. Hist. 448; 2 Plowden's Hist. See also p. 1712 ; 25th July, 1887, 142 C. J. 397. of Ireland, 909. S58. * 1 Lord Clarendon, Hist. 242. » 1 Lord Colchester's Diary, 203. " D'Bwes, Notes on Long Parlia- = 12 H. D. 1 s. 743 ; 2 Lord Ool- ment ; Harleian MSS. (162), p. 160. Chester's Diary, 166. * 27 Pari. Hist. 970. " 14 H. D. 1 ». 837 ; 2 Lord Ool- = 28 ib. 1043. Chester's Diary, 193. " Lord Colchester's Diary, i. 121. speaker's vote in committee. 349 *'hii*' ^^ committee on the Lords' resolution for a commission for giving the royal assent to the Eegency Bill.^ Finally he addressed a committee on the Eoman Catholic Eelief Bill, in 1813, and carried an amendment excluding Catholics from Parliament, which caused the abandonment of the bill.^ On the 26th March, 1821, Mr. Speaker Manners Sutton spoke in committee on the Eoman Catholic Disability Bill ; ^ and again on the 6th May, 1825, in committee on a similar bill;* and on the 2nd July, 1834, in committee on the bill for admitting dissenters to the universities, he spoke against the principle of the bill.^ On the 21st April, 1856, in committee of supply, the management and patronage of the British Museum by the principal trustees having been called in question, Mr. Speaker Shaw Lefevre spoke in defence of himself and his colleagues, with great applause. And lastly, on the 9th June, 1870, Mr. Speaker Denison spoke and voted in committee on the Customs and Inland Eevenue Bill, in support of a clause exempting horses kept for husbandry from licence duty, if used in drawing materials for the repair of roads. After the division, the division lists are examined by the Publication clerks, and sent off to the printer, who prints the marked of division names in their order ; and the division lists are delivered on the following morning, together with the "Votes and Pro- ceedings " of the house.^ If an error occurs in marking the q^^^^^^^ name of a member upon the division list, the error is errors. corrected upon application made at the table of the house, or to one of the division clerks, by a memorandum published, at the earliest opportunity, in the " Votes and Proceedings." In committees of the whole house, divisions were formerly Divii,ions in taken by the members of each party crossing over to the committee. opposite side of the house : but the same forms are now • 18 H. D. 1 s. 1107; 2 Lord Col- " 13 ib. 434. Chester's Diary, 315 ; Plumer Ward's " 24 H. D. 3 s. 1092. Mem. i. 379. " The issue of the printed lists of ' Lord Colchester's Diary, i. p. the divisions began on Monday, 22nd xxiii. ; ib. ii. 447. Feb. 1836. s 4 H. D. n. s. 1451. 350 RESTEICTION ON DIVISIONS. Divisions frivolously claimed. 8. 0. 30, Appendix, p. 829. Proxies (Lords). observed in all divisions, whether in the house or in com- mittee. A division in committee cannot be taken unless there be two tellers for each side, as in the house itself.^ It is in the power of two members, when a question is put from the chair, to compel the house to take a division thereupon ; and experience proved the necessity of placing this power under some restraint.^ By standing order 27th November, 1882, power was given to the chair, under certain restrictions, to take the vote of the house upon dilatory motions, such as a motion to adjourn a debate, by calling upon the members who challenged the decision of the chair, to rise up in their places. This standing order was repealed during the session of 1888 ; and a standing order was passed, whereby the Speaker or the chairman, if in his opinion a division is frivolously or vexatiously claimed,^ may take the vote of the house or committee, by calling upon the members who support, and who challenge his decision to rise successively in their places ; and he, thereupon, as he may think fit, either declares the determination of the house or the committee, or names tellers for a division. In case there is no division, the number of the minority who have risen is declared from the chair, and their names, having been taken down in the house, are printed with the lists of divisions.* In the Lords, not only those peers who are present may vote in a division, but on certain questions, absent peers are entitled, by ancient usage, regulated by several standing orders, to vote by proxy.^ In 1867, however, a Lords' com- mittee recommended that the practice of using proxies should be discontinued ; and on the 31st March, 1868, by standing order No. 34, the house agreed to discontinue the practice Chapter XIII. » 105 C. J. 364. ' In the Amerioau House of Ee- presentatlves it is a rule that "No diTision and count of the house shall be in order, but upon motion seconded by at least one-fifth of a quorum of the members." See also the author's pamphlet on Public Business in Par- liament, 1849, 2nd edit. p. 29, and the report of the committee on public business, in 1878. ' See Speaker's remarks, 13th June, 1893. * 145 C. J. 580; 146 ib. 476; 147 ib. 102. = Daringthekuig'sillness,inl811, it was doubtful whether proxies were admissible ; see 18 H. D. 976. PROXIES, AND PAIES, AND PEOTESTS. 351 Chapter of calling for proxies, and resolved that two days' notice 1- must be given of a motion for the suspension of the standing order. No attempt has since been made to suspend this order, and the practice, though capable of being revived on any occasion, at the pleasure of the house, 'may be regarded as in abeyance, A practice, similar in effect to that of voting by proxy, has Pairs, for many years been resorted to in both houses. A system known by the name of " pairs," enables a member to absent himself, and to agree with another member that he also shall be absent at the same time.^ By this mutual agreement, a vote is neutralized on each side of a question, and the relative numbers in the division are precisely the same as if both members were present. The division of the house into dis- tinct political parties facilitates this arrangement, and mem- bers pair with each other, not only upon particular questions, or for one sitting of the house, but for several weeks or even months at a time. There can be no parliamentary recogni- tion of this practice, although it has never been expressly con^ demned;^ and it is therefore conducted privately by individual members, or arranged by the gentlemen known as "the whips," who are entrusted by their political parties with the office of collecting their respective forces on a division. In addition to the power of expressing assent or dissent by Protest. a vote, peers have the right, without asking leave of the house, to record their opinion, and the grounds of it, by a " protest," which is entered in the journals, together with the names of all the peers who concur in it ; and, pursuant to standing order No, 35, the entry of a protest in the Clerk's • On an occasion when, the House nated on Tuesday morning. Doubts of Commons, having met on Monday, having arisen regarding this course sat until half-past one o'clock on of action, a memorandum has been Tuesday afternoon, members wlio drawn up by the " whips " for the paired on Monday for " the night " government and for the opposition, voted in divisions which took place for their guidance, if a similar ocoa- after nine o'clock on Tuesday morn- sion arose. ing, because, as they had not paired ' A motion condemning this prao- for "the sitting," but for "the night," tice, 6th March, 1743, was negatived, it was held that the compact termi- on division, 24 C. J. 602. 362 PEOTESTS. When to be book must be made on the next sitting day, before the hour chapter of two o'clock, and must be signed before the rising of the '__ house the same day.^ Sometimes leave is given to lords to enter a protest against any vote of the house, some time after the period limited by the standing order.^ When a protest has been drawn up by any peer, other lords may either subscribe it without remark, if they assent to all the reasons assigned in it; or they may signify the particular reasons which have induced them to attach their signatures :* but, by the usage of the House of Lords, the privilege of entering a protest is restricted to those lords who were present and voted upon the question to which they desire to express their dissent. But leave is sometimes given to lords to sign the protest of another peer, although they were not present Protest when the question was put.* Any protest or reasons, or parts expunged, thereof, if considered by the house to be unbecoming or otherwise irregular, may be ordered to be expunged.^ Pro- tests or reasons expunged by order of the house, have also been followed by a second protest against the expunging of the first protest or reasons, by which the object of the house has been defeated.^ On the 10th April, 1690, certain reasons having been expunged, the Duke of Somerset desired that, as he had protested for those very reasons, he might have leave to withdraw his name from the protest, which was Protest granted to him, and to any other lords who pleased.'' On the withdrawn. 24tii June, 1824, leave was given to the peers who had entered ' As to dissents in judicial cases, 55 ib. 492 ; Lord Colchester's Diary, see Maoqueen, 28. 29. iii. 273; see 87 H. D. 3 s. 1137; pro- ^ 101 L. J. 257. 480 ; 122 ib. 216. test against Corn Importation Bill, ' Protests with reasons date from when certain peers who had not 1641, 2 Lord Clarendon, Hist. Eeb. been present, signed the protest; b. 4, p. 407. and again, 27th March, 1890, 343 ib. • 101 L. J. 493, 10th Feb. 1823. 8. 134. "The Duke of Somerset had not " 16 L. J. 655. 757; 17 ib. 55; 19 voted on the question for the ad- ib. 220. 480. 481 ; 40 ib. 49 ; 43 ib. 82. dress, but had nevertheless protested " 14 ib. 459 (8th and 10th April, against it ; and upon motion, his 1690) ; 2 Burnet's Own Time,- 41 ; protest, he having been present at 16 L. J. 655 ; 19 ib. 220 ; 21 ib. 695. the debate, though he had not voted, 710 ; 22 ib. 73 ; 43 ib. 82. was allowed to stand on the journal," ' 14 ib. 459. PEBSONAL INTEKEST. 353 Chapter a protest against the Earl Marshal's bill, to withdraw and !_ amend it, as it stated certain facts incorrectly.'- The distribution among members of a circular addressed Canvass for to them by another member, asking for their vote in favour member. * of a motion which the member intended to move, or to state whether their vote would be for or against the motion, was condemned by the Speaker, as a proceeding " contrary to the best usages and traditions of the house, and which would detract from its character." ^ In both houses, personal interest affects the right of mem- Personal bers to vote, in certain cases. In 1796, a general resolution fnteMs"^ was proposed in the Lords, " That no peers shall vote who Peers. are interested in a question : " but it was not adopted.^ It is presumed, however, that such a resolution was deemed unnecessary; and that it was held that the personal honour of a peer will prevent him from forwarding his own pecuniary interest by his votes in Parliament. By standing order (Private Bills) No. 98, lords are "exempted from serving on the committee on any private bill wherein they shall have, any interest." In the Commons, it is a rule that no member who has a Commons. direct pecuniary interest in a question shall be allowed to vote upon it : but, in order to operate as a disqualification, this interest must be immediate and personal, and not merely of a general or remote character. On the 17th July, 1811, the rule was thus explained by Mr. Speaker Abbot : " This interest must be a direct pecuniary interest, and separately belonging to the persons whose votes were questioned, and not in common with the rest of his Majesty's subjects, or on a matter of state policy." * This opinion was given upon a motion for disallowing the votes of the bank directors upon the Gold Coin Bill, which was afterwards negatived with- out a division. And on occasions when the objection of objections personal interest in a vote has been raised, which came J^^^™'^"* obviously within the exemption from the application of the Speaker. > 11 H. D. n. s. 1482. ' 40 L. J. 640. 650. ' 16tli March, 1888, 323 H. D. 3. * 20 H. D. 1001. B. 1439. 2 A 854 FEBSONAL INTEBEST. rule, defined by Mr. Speaker Abbot, tbe Speaker or the Ch^t« cbairman has overruled the objection, or has decided that a motion to disallow the vote \?ould be out of order.^ Questions No instance is to be found in the journals in which the poficy.'* Tote of a member has been disallowed, upon questions of public policy." On the 1st June, 1797, however, Mr. Manning submitted to the Speaker whether he might vote, consistently with the rules of the house, upon the proposition of Mr. Pitt, for granting compensation to the subscribers to the Loyalty Loan, he being himself a subscriber. The Speaker explained generally the rule of the house, and Mr. Manning declined to vote.^ After the division, the votes of two other members were objected to as being subscribers : but one stated that he had parted with his subscription, and the other that he had determined not to derive any advantage to himself; upon which questions for disallowing their votes were severally negatived.* On the 3rd June, 1824, a division took place on a " Bill for repealing so much of an Act 6 Geo. L, as restrains any other corporations than those in the Act named, and any societies or partnerships, from effecting marine insurances, and lending money on bottomry." An entry in the journal, in the form of a memorandum, states that an objection was made to the numbers declared by the tellers, that certain members who voted with the ayes were personally interested in the passing of the bill, as being concerned in the Alliance Insurance Company : but it was decided that they were not so interested as to preclude their voting for the repeal of a public act.^ On the 10th July, 1844, on the question for hearing counsel against a bill for suspending certain actions for penalties under the gaming laws, objections were taken to the votes of members who were » Speaker's rulings: 212 H. D. 3 s. favour of ,the grant in aid of a pre- 1136; 287 ib. 875; 334 ib. 732; liminary survey for a raUway from chairman's rulings: 226 ib. 1742; the coast to Lake Victoria Nyanza, 345 ib. 1232 (see also p. 356). be disallowed, the numbers were- = This statement, by the author, ayes, 154; noes, 149, 147 J 98. has been retained, though, 11th > 33 Hans. Pari. Hist. 791. March, 1892, upon a motion that the * 52 0. J. 632. votes of certain members given in ' 79 ib. 455 PEESONAL INTEKEST. 355 *YTTT*' defendants : but one stated that it was not his intention to take advantage of the provisions of the bill, and plead the same in bar of such action ; and the other that he had not been served with any process. Motions for disallowing their votes were, therefore, withdrawn.^ On the 11th July, 1844, the vote of a member upon the second reading of a public bill relating to railways, was objected to upon the ground that he had a direct pecuniary interest as the proprietor of railroad shares : but a motion for disallowing his vote was withdrawn.^ An objection on the ground of Procedure^ personal interest raised against a vote given in a committee mitteeof of the whole house, must be determined by the committee, ^^ ^^°^^ upon a motion made therein that the vote be disallowed ; and a motion to report progress, in order to bring such an objection before the house, was not permitted.^ Motions, The votes of members, who were subscribers to under- Private tu'meZrs ^^^^S^ proposed to be sanctioned by a bill,* or who were personally interested in private bills, have frequently been disallowed. in a bill. In 1800, the votes of three members were disallowed, as *^^ ^' ■ having a direct interest in a bill for incorporating a company for the manufacture of flour, wheat, and bread.^ On the 20th May, 1825, notice was taken that a member who had voted with the yeas on the report of the Leith Docks Bill, had a direct pecuniary interest in passing the bill : he was heard in his place ; and stated that on that account he had ' not voted in the committee on the bill, and that he had ' voted, in this instance, through inadvertence. His vote ' was ordered to be disallowed.^ Instances, also, may be '' given of motions to disallow the votes of shareholders in the ' 99 C. J. 486. of a salary, for the purpose of con- 9. ' lb. 491. sidering the ofBoial conduct of the k ' 17th June, 1890, 345 H. D. 3 s. holder thereof, his vote against the 1232-1235. Owing to the interrup- motion was in order, 25th March, ^ tion of business at ten minutes to 1889, 334 H. D. 3 s. 732. ,< seven o'clock, a motion that certain • 80 ib. 110 ; 91 lb. 271. ,|t votes be disallowed, given in the ' 35 Pari. Hist. 463-465 ; 1 Wal- committee of supply, on the 4th pole, Life of Spencer Perceval, 76- ^ March, 1892, was made in the com- 78. J mittee on the 11th March, 147 C. J. •■ 80 C. J. 443; see also ib. 110; 98. It was ruled by the Speaker 91 ib. 271. that, on a motion for the reduction 356 PERSONAL INTEEEST. company which was the promoter of the bill on which the ''^^i" division was taken, that have been negatived.^ And in like manner, on the second reading of the Birmingham and Gloucester Eailway Bill, 15th May, 1845, objection was taken to one of the tellers for the noes, as being a landholder whose property would be injured by the proposed line. A motion for disallowing his vote was withdrawn.^ On the 15th July, 1872, objection was taken to two of the tellers in a division, who had voted against the Birmingham Sewerage Bill, on the ground of personal pecuniary interest : but the Speaker stated that they had no such pecuniary interests in the bill as would disqualify them from voting against it.^ The extent^ to which the rule of personal interest in a vote given by a member against a private bill; which would create a project] intended to compete with an undertaking in which he has a pecuniary interest, is as yet undecided. As the Speaker stated, 12th May, 1885, there is no rule of the house on the subject. He recommended that each member should be guided by his own feelings in the matter, and should vote, or abstain from voting, as he thought fit ; though the Speaker added to his statement a reminder, that members should be aware that they ran the risk of having their votes disallowed by the subsequent action of the house.* On the 22nd February, 1825, a member voted against a bill for establishing the London and Westminster Oil Gas Company, and notice was taken that he was a pro- prietor in the Imperial Gas Light and Coke Company, and thereby had a pecuniary interest in opposing the bill. A motion was made that his vote be disallowed : but, after he had been heard in his place, it was withdrawn.^ On the 16th June, 1846, objection was taken to the vote of a member who had voted with the noes, because, as director and shareholder in the Caledonian Eailway Com- pany, he had a direct pecuniary interest in the rejection of • 8th May, 1883, 138 C. J. 189; » 15th July, 1872,212 H. D. 3 s. 11th March, 1884, 139 ib. 103; 9th 1136. March, 1886, 141 ib. 83. * 298 ib. 342. ' 100 ib. 436. » 80 C, J. 110. PERSONAL INTEEEST. 357 ''xiii" *^® Glasgow, Dumfries, and Carlisle Kailway Bill. Where- — upon he stated that the sole direct interest that he had in the Caledonian Eailway was as holder of twenty shares, to qualify him to be a director in that undertaking ; and that he voted against the Glasgow, &c., Eailway, conceiving it to be in direct competition with the Caledonian Railway, as decided by the legislature in the last session. A question for disallowing his vote, on the ground of direct pecuniary interest, was negatived.^ An objection to a vote, on the ground of personal interest, Motions to cannot be raised or mooted except upon a substantive "Ji^^Uow '^ '^ votes. motion, that the vote given in a division be disallowed, on the principle affirmed upon p. 264, and cannot be brought forward as a point of order.^ The member whose vote is under consideration on the ground of personal interest, having been heard in his place, ■ should withdraw imme- diately, and before the question founded thereon has been proposed.^ Personal The principle of the rule which disqualifies an interested in private ^a vote given member from voting, imust always have been intended to mittee™' in a stand- apply as wcU to committees as to the house itself : but it ing com- '^'^ •' mittee, see is undeniable that a contrary practice had very generally obtained in committees upon private bills, although it was not brought directly under the notice of the house until the 21st June, 1844, when the Middle Level Drainage Bill committee instructed their chairman to report that a member " had received an intimation that he ought not to vote on questions arising thereon, by reason of his interest in the said bill ; " and desired the decision of the house upon the following question : " Whether a member, having property within the limits of an improvement bill, which property may be affected by the passing of the bill, has such an interest as disqualifies him from voting thereon." The reply the house made to the application from the committee was an instruction thereto, " That the rule of this 1 101 0. J. 873. ' 91 C. J. 271 ; 80 ib. 110; 138 ib. ' 285 H. D. 3 s. 1222 ; 4th Marob, 189 ; 141 ib. 83. 1892, 2 Pari. Deb. 4 b. 90. p. 374. 358 PERSONAL INTEEEST. house relating to the vote, upon any question in the house, chapter of a member having an interest in the matter upon which . XIII. the vote is given, applies likewise to any vote of a member Euies, SO interested, in a committee." ^ Since that time, com- Reference Orders &c . . . . i of private No. 218. ' mittees on opposed private bills are constituted so as to bWs to exclude members locally or personally interested ; and in of^er t/ian committees on unopposed bills, such members are not ^^-^Snitts^$ titled to vote (see p. 724), And a member of a committee see p. 382. on an opposed private bill, or group of bills, will be dis- o/Zays'^ charged from further attendance, if it be discovered, after ""^ "^"y ° _ (personal his appointment, that he has a direct pecuniary interest in interest), ' the bills, or one of them (see p. 725).^ ' "' Member But though a member interested is disqualified from marpra- votiug, he is not restrained, by any existing rule of the posemotion ^ouse, from proposing a motion or amendment. On the or amend- x i. o meat. 26th July, 1859, Mr, Whalley moved an amendment to a clause added by the Lords to a railway bill, in which he admitted that he was personally interested. In the debate, exception was taken to such an amendment having been proposed by a member having a pecuniary interest : but the Speaker ruled that, though it was a well-known rule of the house, that a member under such circumstances could not be permitted to vote, and though the course adopted was certainly most unusual, yet there was no rule by which the right of a member to make a motion was restrained, and he had been given to understand that Mr. Whalley did not intend to vote.^ Objections that a member alleged to be personally interested, could not give a notice of opposition to a bill, and that a member, who moved an instruction to a committee on a private bill, was a member of a corporation which petitioned against the bill, were overruled by the Speaker.* Offer of The law of Parliament regarding the acceptance of bribes money. ^j. pecuniary rewards for parliamentary services, has been explained elsewhere (see p. 81). • 77 H. D. 3 s. 16. Bill, 27th June, 1892, 147 ib. 398. " 101 C. J. 904; 104 ib. 357; 115 » 155 H. D. 3 s. 459. ib. 218 ; N. E. Eailway (Hull Docks) * 263 ib. 1477 ; 287 ib. 875. PERSONAL INTEREST. 359 Chapter XIII. Disallowance of a TOte on the score of personal interest Personal is restricted to cases of pecuniary interest, and has notn°/peg„. been extended to those occasions when the dictates of self- '"^^'y- respect, and of respect due to the house, might demand that a member should refrain from taking part in a division.^ ' See statement by the Speaker, 18th March, 1864, 174 H. D. 3 s. 340. For cases of members who voted against the motion for their suspen- sion, see Mr. Bradlaugh's votes, 22nd Feb. 1882, 137 0. J. 61 ; 11th Feb.- 1884, 139 ib. 41. On the first occasion, the Speaker stated that it was for the house to consider what should be done with regard to Mr. Bradlaugh's vote; on the second occasion, his vote was disallowed, because he was not a member of the house. See also division lists, seas. 1887, Nos. 91. 481. 483; sess. 1890, No. 16. For the rule regarding the vote of rival candidates for the ee p. 151). 360 COMMITTEES OF THE WHOLE HOUSE. OHAPTEE XIV. Chapter XIV. COMMITTEES OP THE WHOLE HOUSE : AND STANDING T see removed from the table, and placed under it, and the committee commences its sitting. Chairman •"•^^ chair is taken, in the Lords, by the chairman of com- of Lords' mittees, who is appointed by a resolution of the house.^ committee. Pursuant to standing orders Nos. 41 and 42, he takes the chair in all committees of the whole house, and in all committees upon private bills, unless where it shall have been otherwise directed by the house; and if he, or any lord appointed by the house in his place, shall be absent (unless by leave of the committee), the house is resumed. Nor can the committee proceed to business unless a chair- • If the member who has given forthwith, Elector's Qualiflcation notice of an instruction be not pre- Bill, 26th Haj, 1892. sent when the order of the day is ' See 10th May, 1886, 118 L. J. read, the Speaker leaves the chair 180. COMMITTEES OF THE WHOLE HOUSE. 361 Chapter man is appointed by the house. But another chairman is usually appointed before the house goes into committee, or for the whole day.^ See ap- In the Commons the chair (at the table) is generally Chairman of chair- taken by the chairman of the committee of ways and mittees mms'and ^^^^^-^ Difference in a committee concerning the election Commons means, p. of a chairman is determined bv the house itself. 569. •' In the absence of the chairman of ways and means, the chair of a committee of the house is usually taken by a member, on the suggestion of a member of the government, or otherwise, without question on the part of the house ; though in such a case preference is given to one of those Temporary seven members who, in pursuance of the provision contained "^ *"'°^°' in standing order No. 1, the Speaker nominates at the s. 0. i, commencement of every session to act as temporary chair- pPHa. "'' men of committees, when requested to do so by the chair- JSuspension ^^T^ of ways and means. During prolonged sittings of a Occasional tfZmS-" committee it has also been customary for the chairman to '=^='"™^°- rary chair- withdraw, and to be replaced by another member, without men, see p. • a r~n • 323; also any question.^ Closure in committee is enforceable only ^ 27 see p. 33'2. under the chairman of ways and means. The proceedings in committee are conducted in the same Conduct of manner as when the house is sitting. In the Lords, a peer ''"^"'^"• addresses himself to their lordships, as at other times ; in the Commons, a member addresses the chairman, who performs in committee all the duties which devolve upon Order in the Speaker in the house. He calls upon members as they •debate in a • , ^ axt. ±' ' i. • j i • ■committee ^^^^ *° Speak, puts the questions, maintains order, and gives -see p. 365. tiie casting vote in case of an equality of voices. On the 28th June, 1848, in committee on the Eoman Casting Catholic Belief Bill, the numbers in a division were equal, chairman and the chairman gave his casting voice. It was stated, in ' 80 L. J. 125. 406; 81 ib. 233; til that time the chair of committees 88 ib. 38; 95 ib. 106; 108 ib. 12. of the whole house was taken by Viscount Eversley, 10th Feb. 1871, a member appointed by the call of was appointed chairman of commit- the committee, or, if the call was tees, in the absence of Lord Eedes- disputed, by the vote of the house, dale from illness. 59 H. D. 3 s. 606. 2 This usage began in 1841. Un- ' 132 0. J. 395 ; 137 ib. 322, &c. 362 COMMITTEES OP THE WHOLE HOUSE. debate, that no sncli case was recollected, and doubts were ^^^^^ expressed as to the regularity of the proceeding : but a • similar case had already arisen in committee on the High- ways Bill, on the 25th June, 1834 ; it was clearly consistent Standing with the rules of the house, and has since been followed committees, without question.^ In giving his casting voice, the chairman i'^"'* is governed by the same principles as the Speaker (see p. 344). oote, see p. Thus, on the 29th July, 1869, the numbers being equal in committee of supply, upon the reduction of a vote, the chairman declared himself with the noes, as the committee would have an opportunity of voting upon any other reduction of the proposed vote.^ General The Ordinary function of a committee of the whole house Procedure committees ^^ deliberation, and not inquiry. All matters concerning the seeV^sa?' of the imposition of taxes, or the grant of public money, must be house. considered in committee, as a preliminary to legislation ; and any other questions which, in the opinion of the house, may be more fitly discussed in committee, are dealt with in that manner.* The provisions of public bills are usually Reference considered in a committee of the whole house (see p. 451). °{^f' " In former times, important inquiries were entrusted to committees, „ ' , f , ^ „ , see p. 372. committees of the whole house ; as, for example, m 1744, the cause of the miscarriage of the fleet before Toulon ; in 1782, the want of success of the naval forces during the American war ; in 1809, the conduct of the Duke of York ; in 1810, the failure of the Expedition to the Scheldt ; and, in 1808 and 1812, the operation of the orders in council ; * and witnesses were examined at the bar. Such a tribunal witnesses, is, however, ill adapted to close and consecutive examina- ^^® ^' *°**' tions, while the time occupied by its inquiries is a serious impediment to the general business of the session. In 1790, committees of the whole house on the African slave-trade were assisted in their inquiries by select com- mittees appointed to take the examination of witnesses, and ' 89 C. J. 430; 3rd Aug. 1859, » Education, 1856; Government 114 lb. 333 ; 2lBt May, 1860, 115 ib. of India, 1858. 256; 7th Aug. 1876, 131 ib. 398. ' 24 0. J. 773; 38 ib. 644; 64 ib. ' 198 H. D. 8 s. 950; 124 C. J. 371. 15 ; 65 ib. 14 ; 63 ib. 199 ; 67 ib. 333. COMMITTEES OF THE WHOLE HOUSE. 363 ^x*rf*' i^eport the minutes of evidence to the house.^ And of late years no such inquiries have been referred to committees of the whole house, while the investigation of matters of equal importance has been more satisfactorily entrusted to secret and select committees (see p. 378).^ A committee can only consider those matters which have Matters been committed to them by the house. If it be desirable Jnstruc- that other matters should also be considered, an instruction tions, see . . p. 452. IS given by the house, to empower the committee to enter- tain them,* An instruction is moved as a distinct question, after the order of the day has been read, and must be con- sidered before the Speaker leaves the chair, under standing s. o. 5i, order No. 51. ^!'l^"' The general principle which governs debate and amend- ments (see p. 278), applies to all occasions that may arise on the question for the Speaker's leaving the chair for a committee of the whole house, when procedure thereon is excepted from the operation of standing order No. 51 ; the only relaxation of that principle being the exemption from the rule of relevancy accorded to amendments to the question for the Speaker's leaving the chair for the com- mittee of supply or ways and means (see p. 571). It is not necessary to give notice of the express terms of Notice not resolutions intended to be proposed in committee of the anYmoti'on whole house ; * nor does a motion in committee need a ^°^ ^^- conded in seconder. committee. On the 3rd November, 1675, it was declared to be an Question of ancient order of the house, " that when there comes a ques- ^"™' *°'^ tion between the greater and lesser sum, or the longer or shorter time, the least sum and the longest time ought first to be put to the question," ^ in order " that the charge may be • 45 C. J. 11 ; 46 ib. 149. 1720 (French Treaty in committee " War in the Carnatic, 1781, 58 on Customs Act), on the reference of ib. 430. 485 ; Victualling the Navy, the treaty to the committee. 1782, 58 ib. 871; Naval Inquiry, " Navigation Laws, 15th May, 1805, 60 ib. 214. 413; Army before 1848; Sardinian Loan, 12th June, Sebastopol, 1855, 110 ib. 36 ; and see 1856; Annual Budgets, debate on its appointment, 136 H. D. '9 C. J. 367 ; 3 Grey's Deb. 381- 3 s. 979. 1121. 388. ' See the Speaker's ruling, 156 ib. 364 COMMITTEES OF THE WHOLE HOUSE. made as easy upon the people as possible." The application C^Pter of this rule in ordinary cases is rendered unnecessary by modern usage. Formerly, when resolutions, or clauses of a bill, were tendered to a committee, containing proposals for the laying a charge upon the people, the dates and sums were not stated, but were left in blank. Therefore when the committee considered the matter, if two or more pro- posals were made suggesting yarious modes of filling up the blanks, the procedure prescribed by the rule was put in force : but as now arranged, dates and sums are placed before the committee printed in italics (see p. 529), which are dealt with by amendments proposed in the ordinary way : though the principle enforced by the rule is occasionally followed in the committees of supply, and ways and means (see p. 583), and might, if the need arose, be observed by the house. Eoyai mes- -^ message from the Crown, which has been referred to a sage read, committee of the whole house, and resolutions or documents which regulate its proceedings, are read by a clerk at the table, so soon as the committee has been entered upon. Amend- When a resolution is proposed in a committee, every uients amendment may be moved, which might be moved to such moved m ... . committee, a resolution, if proposed in the house itself.^ Thus, in com- Procedure mittee on the government of Canada, on the 14th April, 1837, ^„jj ,•„ ' an amendment was moved to leave out all the words after '"f"^*^^ of supply, " that," in a resolution, in order to add other words ; ^ and see p. 579. again, on the 3rd May, 1858, a similar amendment was moved in committee on the government of India.^ Such a proceeding, however, would not be admissible in considering the clause of a bill (see p. 459) or resolutions in the com- mittee of supply (see p. 579). In committee, amendments are proposed to the " proposed resolution," and not to the " question," as in the proceedings of the house.* Members -^ motion for the "previous question" is not admitted may speak i p^j. examples of proceedings ' 113 ib. 148. upon amendments to resolutions, see ' This variation of practice ap- once. 108 C. J. 198; 109 ib. 254; 113 ib. pears to have been introduced in 148. 159, &o. 1852, 108 ib. 187. 188. ' 92 ib. 264. COMMITTEES OF THE WHOLE HOUSE. 365 Chafer j^ g, committee of the whole house (see p. 270). The main _ difference between the proceedings of a committee and those of the house is that in the former a member is entitled to speak more than once, in order that the details of a question or bill may have the most minute examination ; or, as it is expressed in the Lords' standing order No. 40, "to have more freedom of speech, and that arguments may be used fro et contra;" though it cannot be denied that an unrestricted right of debate offers special opportunities for delay and obstruction. Instances of Members must speak standing and uncovered, as when s^^atei"**"^ the house is sitting ; ^ although it appears that, in earlier and voting times, they were permitted to speak either sitting or standing.^ in com- i-»x^r.T mittees, see Standing order JST o. 43 directs that when the house is put House of ''■ ' '■'- into a committee of the whole house, the house shall not be ce'duie!""" resumed without the unanimous consent of the committee, unless upon a question put by the lord in the chair. Order in debate in a committee is enforced by the chair- Authority Absence of ^an, who is responsible for the conduct of business therein ; ^'^^n''^"' quorum, g^^^ from his decision no appeal should be made to the see p. 223. Speaker.^ Except when a temporary chairman is in the chair (see p. 361), the closure powers created by standing orders Nos. 1 and 25 are as operative in a committee s. o. i. as in the house itself (see p. 211), and are enforced in the arxAp'™' ' 248 H. B. & s. 406. novelty, to take thereon the instruo- '^ In a comSji^'ee on a subsidy, 7th tion of the house, progress was re- Nov. 1601, Sir Walter Ealeigh was ported by a committee, 91 0. J. 104; interrupted by Sir B. Hobby, who and in the session of 1855, doubts said, "You should speak standing, having arisen in a committee re- that so the house Bright the better garding the right of certain members hear you." Ealeigh replied, " that to vote, the chairman, after the being a committee, he might either house was resumed, submitted the speak sitting or standing." Mr. matter to the consideration of the Secretary Cecil rose next, and said. Speaker, 139 H. D. 3 s. 486 ; 110 C. " Because it is an argument of more J. 352. On one occasion only, 6th reverence, I chuse to speak standing." May, 1858, upon a report of progress, 1 Hans. Pari. Hist. 916. a point of order in debate was sub- See also ' 21st Feb. 1860, 156 H. T>. 8 s. mitted to the judgment of the Speaker's 1474 ; see also 170 ib. 109 ; 176 ib. Speaker, who gave his decision ™(!"^' P" 31; 22ad Dec. 1888, 832 ib. 1011; thereon, 126 H. D. 3 s. 1243. Forg^^^JJ^^^ 15th Aug. 1889, 339 ib. 1359. During the Speaker's statement regarding 1 893, 9 the session of 1836, when the present procedure by a chairman of a stand- Farl. Deb, method of taking divisions was a ing committee (see p. 375, n. 5). ^ *• 975. /• 366 COMMITTEES OF THE WHOLE HOUSE. S. 0. 24, Appendix, p. 828. same manner. The rules observed by the house regarding *'^^" order in debate are followed in committee, hence as reference to debate in committee is not permitted in the house (see p. 309), reference in committee to the conduct of the Speaker is not allowed ; ^ nor can the enforcement of closure at a previous sitting of the committee be discussed.^ By standing order No 24 (see p. 300), the chairman is em- For per- powered to check irrelevance or tedious repetition in debate. '"J^gj^ ,„ S. 0. 30, Appendix, p. 829. Disorder in committee. S. 0. 27, Appendix, p. 828. Report by chairman of words not taken down. And the rule that a member who has used obiectionable " ""** '" . • '' committee, words must explain or retract the same, or offer an apology see p. 355. (see p. 318), is as operative in committee as in the house. A division which, in the opinion of the chairman, is frivo- lously or vexatiously claimed can be dealt with by him in pursuance of standing order No. 30 (see p. 350). The chairman possesses the power given to the Speaker jjii,^,.^;^,,, by standing order No. 27 (see p. 332), of directing a member <«»»"»■«««. whose conduct is grossly disorderly to withdraw imme- 329. diately :^ but with this exception, the suspension of members on the chairman's report, and the conduct of disorderly „ * ' ■' suspension members, are considered with the Speaker in the chair. The of members, house is therefore resumed on account of words of heat or disputes between members, or when words have b^en taken down to be reported to the house.* On an occasion, 28th July, 1887, when insulting words were addressed by jifinember to another member, during the progress of a dmsion, after breach of oms: izHta the declaration of the numbers, the chairmaiBitated that "'"*.'■ he must, in consequence, send for thft ^^eaker. The division, Speaker accordingly ttesumedr—the^ chair;' the chairman ^^° ^" reported to him the ofccurrence ; and the Speaker, after a statement from the member, namBdThim for having violated the decorum of thej^ouse.^ A chairman has also reported 1 248 H. D. 3 B. 61. » 323 ib. 1446. « See p. 853. * Keport of oases of disorder : 10 C. J. 806; 11 ib. 480; 43 ib. 467; 3rd July, 1851, 106 ib. 333 ; 9th June, 1852, 107 ib. 2J8. Eeport of words taken down: 1 ib. 866; 18 ib. 653; 106 ib. 313; 5th May, 1853, 108 ib. 461 ; Mr. Pamell, 25tb July, 1877, 132 ib. 375. Beport of suspension of mem- bers for disregarding the authority of the chairman : 136 ib. Ill ; 145 ib. 72; for obstruction : 137 ib. 323. 324, 27th July, 1893. See also p. 853. « 142 ib. 407; see also 3rd July, 1882, 271 H. D. 3 s. 1272. COMMITTEES OP THE WHOLE HOUSE. 367 *'ttv*' ^^ *^® Speaker, at the close of his report of the suspension of certain members for obstruction, that a member during the proceedings had addressed to him insulting words ; and the matter was set down for consideration on a future day.^ The sitting of a committee may also be interrupted Triviiege, by a complaint of a breach of privilege whereon progress is °^* P- ■ reported, and the incident is considered by the house.^ An outbreak of disorder in a committee,^ by which the Speaker re- honour and dignity of the house were affected, has justi- chair in fied the Speaker in resuming the chair immediately, ''^'■'^"' cases. without awaiting the ordinary forms. On the 10th May, 1675, a serious disturbance arose in a committee of the whole house, which threatened bloodshed ; the Speaker, thereupon, "very opportunely and prudently rising from his seat near the bar, in a resolute and slow pace, made his three respects through the crowd, and took the chair." The mace was laid upon the table ; the disorder ceased ; and the Speaker stated that it was to bring the house into order again, that, "though not according to order," he had taken the chair. No other entry appears in the journal than that "Mr, Speaker resumed the chair:" but the same report adds that, though "some gentlemen excepted against his coming into the chair, the doing it was generally approved, as the only expedient to suppress the disorder."* This incident has not been repeated, for subsequently when a member who, for disorderly conduct, had been ordered into custody, returned into the house, during the sitting of a committee, in a violent and disorderly manner, upon a report of progress, the Speaker resumed the chair, and ordered the Serjeant to do his duty.^ So also, when during the sitting of the committee on the Corn Bill, 6th March, 1815, tumultuous proceedings took place outside, and one member complained that the house was surrounded by a military force, and another that he had been beset by a mob, on the report of progress, the Speaker resumed the " 137 C. J. 323. 328. * 3 Grey's Deb. 129. ' 26th Nov. 1888, 143 ib. 483. » Mr. Fuller's case, 27th Feb. ' 1 ib. 837. 1810, 65 C. J. 134. 368 COMMITTEES OP THE WHOLE HOUSE. chair, and, the matter having been considered, the com- Chapter mittee was resumed.^ '- — If an occasion of public business arises in which the house incidental is concerned, the Speaker resumes the chair at once, without TimTsfep any report from the committee ; as if the usher of the Black ^^^• Eod should summon the house to attend her Majesty or the lords commissioners in the House of Peers, or if the time be come for holding a conference with the Lords.^ When the incident which has occasioned the interruption to the sitting of a committee has been dealt with, the house Quorum in forthwith again resolves itself into the committee. aerp!*223. Resoiu- Eesolutions to be proposed in a committee of the whole Forpost- no°b°*"' lio^s® ^^'^ ^® moved according to the order suggested by ctaSo/ postponed, the discretion of the mover; and after a motion for a^fg;^^''*- resolution has been proposed from the chair, a motion to postpone such motion, to obtain priority for another reso- lution, would be out of order. When proposed from the chair, unless progress be reported thereon, a resolution is a question which must be withdrawn, negatived, amended, or agreed to by the committee.* A committee of the whole house has no power either to Suspension adjourn its own sittings or to adjourn a debate to a future see^note^i sitting : * but if a debate be not concluded, or if all the Speahr matters referred be not considered, in the Lords, the house Sv^ing is resumed, and the chairman moves, " That the house be ".."""■ again put into committee " on a future day ; and in the P- 3*8- Commons. Oommons, the chairman is directed to " report progress, and ask leave to sit again." On such a report, the house has occa- sionally thereupon again resolved itself into the committee (see p. 464). If the committee has agreed to certain reso- &e also lutions, but is unable to conclude the discussion of other fyi,°^''" resolutions, it is customary to direct the chairman to report """^^ "-^ the former, and to report progress upon the latter.® So 579. Com- mittees cannot adjourn. lords. > 70 0. J. 143 ; 2 Lord Colchester's Diary, 531. ' 126C. J. 433; 67 ib. 431. ' 149 H. D. 3 s. 2066. ' At the general desire of the of the whole honse was suspended for a certain time on the 11th Aug. 1848, 101 ib. 90; see also 9 0. J. 68. " Customs and Com Importation, 1846, 101 ib. 280. 281; committee committee, the sitting of a committee of ways and means (Income Tax), COMMITTEES OF THE WHOLE HOUSE. 369 Chapter entirely is the principle of adjourning debates in committees of the whole house ignored, that when resolutions have been Procedure on ms'in Proposed, and progress reported before they were agreed to, Xt'ed"'"" committee, resolutions upon other distinct matters have been proposed, business. and agreed to, at ensuing sittings of the committee, and the resolutions first proposed taken up again on a more distant day. Thus, on the 17th February, 1851, in committee of ways and means, a resolution for the continuance of the income tax was proposed, and progress reported. On the 18th March, a resolution was agreed to for paying 8,000,000Z. out of the Consolidated Fund ; and on the 4th April, the resolution for the continuance of the income tax was again proposed, and agreed to.^ And again, on the 28th April, 1853, a resolution was proposed upon the income tax, and m>en progress reported. The committee sat again the same day, 'rmoHpro- ^^^^, instead of resuming the discussion upon that resolu- gress lapse, tion, another resolution was proposed upon exchequer bills ; S66 p* ^vO. are not put, and on the 29th April, the resolution upon the income tax was again proposed.^ For this reason no member can claim to speak first on the renewal of a debate in committee, on the ground that he was in possession of the committee, when the chairman had reported progress.^ It is the practice for members who desire to close the Motions to sitting of a committee, to move that the " chairman do gi-ggs'l™ report progress, and ask leave to sit again," in order to put an end to the proceedings of the committee on that day, this motion, in committee, being analogous to that frequently made at other times, for adjourning the debate. A motion, " That the chairman do now leave the chair," when carried, supersedes the order of the day for a committee, and converts Itevivai of it iuto a dropped order ; as, when the Speaker resumes the m-Xrs'^sea chair, uo report whatever is made from the committee.* p. 250. r£^Q same result is obtained if, when the chairman reports progress in the matter referred to the committee, he does 1853, 108 C. J. 431 ; Customs, 1854, » 7th June, 1858 (Mr. Eoebuck), 109 ib. 470 ; Supply, 5th Aug. 1867, 150 H. D. 3 s. 1618. 122 ib. 429. * 86 C. J. 403; 89 ib. 381. 468; ' 106 ib. 57. 104. 145. 90 ib. 497. 561 ; 117 ib. 177. « 108 ib. 442. 446. P. 2 B 370 COMMITTEES OF THE WHOLE HOUSE. not ask for leave to sit again, upon a direction given by the Chapter member who had obtained the appointment of the com- ^ mittee.^ A motion to report progress, having been negatived, cannot par the be repeated during the pendency of the same question, being '*^'^'"? subject to the same rule as that observed in the house itself, restrict the which will not admit of a motion for the adjournment of the these debate to be repeated, without some intermediate proceed- ^"301.*' ^°^ ing (see p. 268). It has, therefore, been customary to alternate the motion for reporting progress, with the motion , " That the chairman do now leave the chair." ^ On the 7th June, 1858, in committee on the government of India, a question for reporting progress having been negatived, the committee, some time afterwards, were prepared to assent to such a motion : but, in order to adhere to the rule, the chairman put the question upon a formal part of an amend- ment which had been proposed, before he proceeded to put the question for reporting progress.* Report. Eesolutions agreed to by a committee are, upon direction from the committee, reported by the chairman to the house ; and, until such report has been made, no reference may be made to it, nor to the proceedings of the committee. Chairman Formerly, before the chairman could leave the chair for leaves j i ■ the chair that purpose, a formal question was put that he " do now question, leave the chair : " but now, pursuant to the direction given by standing order No. 52, when he has been ordered to s. 0. 52. make a report to the house, the chairman leaves the chair dix, pfS without question put. Resolutions. ^^ Standing order No. 53, reports from committees of the whole hoxise are brought up without any question being put. Eesolutions creating a charge upon the people, as is men- ^ ^^ tioned on p. 529, are considered on a future day : but reso- ^pp^v^ "^ lutions upon all other matters are received immediately.* means, see The resolutions reported by a committee are twice read^'^^**" ' Training Colleges (Ireland) 132 ib. 312. Loans, BOth July, 1891, 146 0. J. 501. ' 113 ib. 214 ; 150 H. D. 3 s. 1688 ; ' On the 2nd July, 1877, there Beealso21st June, 1860, 1150. J. 323. ■were seventeen divisions, in com- * Established Church (Ireland) mittee of supply, upon suoli motions, Report, 123 ib. 160. COMMITTEES OF THE WHOLE HOUSE. 371 Chapter before they are agreed to by the house. The first reading !_ is a formal proceeding ; the question, " That the said reso- lutions be now read a'second time," is proposed by question from the chair, and then the resolutions are read succes- sively by the Clerk at the table, following the order in which the resolutions were reported to the house. The final question put upon the resolution is the question that the house doth agree with the committee in the said resolution. The interval before that question is proposed, and after the resolution has been read a second time, affords the occasion for the proposal of an amendment to the resolution, as no Proposal of amendment can be moved after the proposal of the question, ''™«^'i- that the house agrees with the committee in a resolution. Amendment or debate arising upon the consideration of the report of a resolution from a committee must be strictly relevant thereto.^ Every resolution may be amended, dis- agreed to, postponed, or recommitted to the committee.^ Eesolutions which have been recommitted to a committee of the whole house, and reported, have been again recom- mitted to the committee.^ In the Commons, the principal proceedings in committees of the whole house are in reference to bills (see p. 456), and the voting of supply, and ways and means (see p. 569) ; of which a description will be found in the chapters relating to these matters. "' Since 1832, the annual appointment of the ancient grand Q^^Li c committees for religion, for grievances, for courts of justice, '^'*'«^*- and for trade, has been discontinued. They had long since fallen into disuse, and served only to mark the ample jurisdiction of the Commons in Parliament, When they were accustomed to sit, they were, in fact, constituted like committees of the whole house, but sat at times when the house itself was not sitting.* ' 171 H. D. 3 a. 1551. •• 1 ib, 220. 822. 873. 1042, &c. ; = 112 C. J. 227; 119 ib. 333; 75 2 ib. 3. 153. 202. 321, &o.; Lex Pari, ib. 379 ; 76 ib. 440 ; 95 ib. 169 ; 77 339 ; Scobell, 35-38 ; 4 Eusb worth, ib. 314; 83 ib. 509; 77 ib. 314; 119 Col. 19; see also 3 Lord Colchester's- ib. 122. Diary, 481 ; 3rd April, 1626, 1 C. J. ' 83 ib. 533. 843 ; 14th April, 1641 ; 2 ib. 120, &e. I com- 372 STANDING COMMITTEES. Committee The ancient committee of privileges is also analogous to ^^T^^^ leges! ' ^ grand committee, consisting of certain members specially nominated, of all knights of shires, gentlemen of the long robe, and merchants in the house ; and " all who come are to haye voices." This committee is still appointed at the commencement of each session : but it is not nominated or appointed to sit, unless there be some special matter to be referred to it, as was the case in 1847.^ Entry of In the Commons, the proceedings of committees of the FaTiie "^^ whole house have been entered in the journals since the journals. 23rd February, 1829, when the Speaker submitted to the house that arrangements should be made to effect that object, to which the house assented.^ In the " Votes and Proceedings," all amendments in committee on bills, upon which divisions arise, are entered : but other amend- ments are only referred to in general terms.^ And the Lords have more recently adopted a similar form of entry in their journals. In a committee of the whole house, it is customary for the clert assistant to ofiSciate as Clerk. standing The transaction of public business in the House of Com- oHa^r^^^ mons was forwarded by the appointment, during the session trade, &=. of 1883, pursuant to resolutions agreed to on the 1st December, 1882, of standing committees for the considera- tion of bills relating to law, courts of justice, and legal procedure, and to trade, shipping, and manufactures. These committees, on the one hand, are, in procedure and method, assimilated to select committees, and are, on the other hand, in the number and choice of members, more repre- sentative than a select committee, and follow in many respects the method of business adopted by committees of the whole house.* The resolutions of 1st December, 1882, ' 103 C. J. 139 (West Gloucester the whole house. For example, in Election). 1879, the committee on the Army 2 84 ib. 78. Discipline and Regulation Bill held M91 H. D. 3 s. 574. twenty-two sittings; in 1881, the * The appointment of standing committee on the Irish Land Bill committees was an attempt to meet thirty-nine sittings, and the Preven- the demand made, of late years, upon tion of Crime (Ireland) Bill thirty- the time of the house by the con- one sittings. sideraiion of bills in a committee of STANDING COMMITTEES. 373 Chapter for the appointment of the standing committees, were not, — 1_ until the 7th March, 1888, 'placed among the standing s_ o. 45, orders of the house, when it was ordered that bills relating ''^''I'lj''"'' to agriculture and fishing be deemed bills relating to trade. Twg_j!ta.ndrno; cnmrnittfiRS are accordingly appointed Nomina- during each session, pursuant to standing orders Nos. 47. sJanding 48. and 49, for the consideration of such bills relating to commit- ° tees. law and courts of justice and legal procedure, and to trade, s. 0. 47. shipping, manufactures, agriculture, and fishing, as may be t^l^^^.^ t}^' committed to them. These standing committees, consisting ^^i. of not less than sixty, nor more than eighty, members, are nominated by the committee of selection, who are in their nomination to regard the classes of bills committed to the committees, the composition of the house, and the qualifi- cations of the members selected. The committee of selection has the power of adding not more than fifteen members to a standing committee in respect of any bill referred to it, to serve on the committee during the consideration of such bill ; and of discharging members serving on the standing committees, and of appointing others in substitution for those discharged. The committee of selection also nominates a chairmen's chairmen's panel, consisting of not less than four, nor more than six, ''""^ ' members, of whom three are the quorum; and the chair- men's panel appoint from among themselves the chairman Adjourn- of each- standing committee, and may change the chairman, quonim ^0 appointed, from time to time. The quorum of a stand- absent, see j^g, committee is twenty. p. 384. ° •' The rules and standing orders applicable to select com- Procedure mittees are, by standing order No. 47, made applicable to 'c°^^°t'!'°^ standing committees, unless the house shall otherwise order. *«««• Members have the right of access, as in the case of select committees (see p. 386), to the room occupied by a stand- ing committee ; and strangers are admitted, except when the committee shall order them to withdraw. The chairman Chairman's of a standing committee also, following the rule in select ^''*" committees (see p. 388), can only vote when there is an equality of voices. As is the rule regarding all committees, 374 STANDING COMMITTEES. a motion for the previous question would be out of order Chapter in a standing committee. As these committees are excluded from the operation of standing order No. 66, they cannot sit whilst the house is sitting, without the order of the house, which is obtained before the commencement of public business, upon a motion, made without notice given, by the chairman, or by a member in his behalf.^ Reference No notico is required of a motion to commit a bill to a standing" Standing committee, and this motion can be made though com- ^]^g ijjii ig under consideration by a committee of the whole mittees. ■' Euies and houso (see p. 470). Upon this motion, debate must be 271. ' "restricted to the effect of the reference of the bill to a standing committee, or to its expediency; and general debate upon the merits or clauses of the bill is not per- mitted.^ An amendment to insert at the end of the motion the words, " upon this day six months," has been ruled to be out of order.^ Notice of an instruction to a standing committee can stand insiruc- upon the notice paper, either after the motion for referring g'^^lg a bill to the committee, or as an independent motion.* committees, ^ see p. 455. Proceed- The proceedings of a standing committee are assimilated, Previms Itfndfng as far as possible, to those of a committee of the whole ^^^jlt com- house. The doors 'of the room in which the committee sits ^^ P- ^'"'" mittees. ,,,,.".,... are locked dunng a division, and every member present when the question is put must vote, and if he has not heard the question, the chairman will again state it to him. A Rules, standing committee has also the power of determining the No. 217. ' question of a personal interest in a vote. Notices of amendments, given in the house, are printed and circulated with the "Votes," and stand referred to the committee, although the member who gives the notice is not a member of the committee. The members address the chair standing ; ' 145 C. J. 453. By a motion •' Criminal Code (Indictable Of- made at the commencement of public fences) Bill, 16tli April, 1883, 278 business, the standing committee to H. D. 3 s. 333. 335. 341 ; 287 ib. 1870. •whom the Clergy Discipline Bill =■ 278 ib. 394. was referred were enabled to sit every * The standing committee on law, day, notwithstanding any adjourn- &o., was empowered by instruction ment of the house, until the bill had to consolidate two bUls into one bill, been considered, 147 ib. 269. 138 C. J. 141. STANDING COMMITTEES. 375 *'^^6r amendments are proposed under the rules in force in the house ; and the minutes of proceedings are printed and circulated, with the divisions upon every question.^ Closure cannot be moved in a standing committee.^ It is the duty of standing committees, as it is the duty Duties of of all committees, to fulfil, as far as possible, the duty laid jg™^'"^ upon them by the house, and to give to the matters referred m'ttees. to the committee due and sufficient consideration. The Powers of following examples of procedure show that, whilst a standing COTYLTTiittGGS over bills, Committee can, without an infraction of this rule, report see^pp. 463. ^ jjjjj ^^ ^j^g house in an incomplete state, a motion intended to obtain that object, moved to prevent the further progress of the bill in the committee, was not permitted. The standing committee to whom the Criminal Code Report of a (Indictable Offences Procedure) Bill was referred, made, ''"' '° f"- ^ ' _ mcomplote 26th June, 1883, a special report, stating that, for the state. reasons therein specified, having reached clause 10, the committee had resolved not to proceed further with the consideration of the bill.^ On a subsequent occasion, how- ever, when a member attempted to move a siuiilar motion during the consideration by a standing committee of the Clergy Discipline (Immorality) Bill, the chairman held that the motion was out of order.* Following the principle which governs procedure in committees of the whole house, no appeal can be made to the Speaker regarding the decisions and rulings of a chair- man of a standing committee.^ ' 144 0. J. 160 ; 145 ib. 243. been made, a motion was made to ''■ Question to a chairman of a the effect that the committee decline standingcommittee,aud the Speaker's to proceed With the bill, such a statement, 23rd March, 1893. motion would be an improper motion, ' 138 ib. 301 ; see also p. 853. and that the chairman should decline * 23rd May, 1892, see Times, 24th to put the question. This resolu- May. Diiringthe session of 1890, this tion was formed with reference to matter was considered by the chair- the Companies (Winding-up) Bill, men's panel, at a private meeting, it having been intimated to the and they arrived at the opinion that, chairman that, at the first meeting in the case of a bill committed to a of the committee, a motion might be standing committee, if, before the made that the committee decline to committee had proceeded to consider proceed with the consideration of the the bill, or until some reasonable bill. attempt to deal with the bill had ' The Speaker fully upheld this 376 STANDING COMMITTEES. Report of Under standing order No. 50, a bill reported from a ^^T^^ g Q 5Q standing committee is proceeded with as if it had been Appendix, reported from a committee of the whole house, and need not, therefore, be recommitted. These bills, however, are s. 0. 40, exempted from the operation of standing order No. 40 ; and cmsidera- ^^slf"' accordingly, when the order of the day for the consideration f^^ °{/p_ of the bill, as amended, is read, the Speaker puts the *66. question, " That the bill be now considered." standing The Housg o f Lords, during the sessions of 1889, 1890, mittees ^ud 1891, by standing orders Nos. 45-53, provided for the House of sessional appointment of one or more standing committees to whom every bill shall be recommitted, after passing through a committee of the whole house, unless, on motion made when the bill is reported by the chairman of com- mittees, the house shall otherwise order ; and bills reported from a standing committee are considered in the house on such report. ^Ge4ure^. The procedure of standing committees is the same as in a select committee, though they cannot sit without special leave during a sitting of the house; and the quorum of a standing committee is seven. Standing committees also are empowered to appoint a sub-committee for the fuller consideration of any bill committed to them. The nomination of the standing committees is entrusted to a committee of selection appointed at the commencement of each session, consisting of the chairman of committees and eight other lords to be named by the house ; and the names of the lords so nominated are reported to the house. The lord in charge of a bill committed to a standing committee is a member thereof, during the consideration of the bill. principle, in a statement made that he would not allow an appeal to from the chair, which arose upon a be made to him on a point of order letter addressed to him by several arising in a standing committee; members of a standing committee, yet he added that he could not, as alleging that the chairman had ruled », general rule, assert that amend- that certain amendments to a bill ments hostile to a bill may not be under their consideration were out of admitted, 14th Aug. 1889, 339 H. D. order, because the amendments were 8 s. 1223. hostile to the bill. The Speaker said STANDING COMMITTEES. 377 Chapter The committee of selection also nominates a chairmen's Chairmen's XIV. _ panel panel of not more than twelve nor less than eight lords, who appoint from among themselves the chairman of each Vote of standing committee, and may change the chairman appointed see'p!^88. fi'om time to time. In the absence of the chairman so appointed, the standing committee may appoint another chairman for that meeting, preference being given to a lord (if present) who shall have been appointed to serve as a chairman by the committee of selection. The chairmen's panel also determines to which of the standing committees a bill may be recommitted. Biiispassed Pursuant to standing order No. 39, no report shall be Ropoit ttsuai expe- received from any standing committee with regard to any rfifton^ see }jj|2 (]jQ same day on which such bill is reported from such committee, when any amendments have been made to such bill, either in committee of the whole house or by the standing committee; and no bill shall be read the third time the same day that the bill is reported from the com- mittee. 378 SELECT COMMITTEES. CHAPTER XV. Chapter XV. SELECT COMMITTEES IN BOTH HOUSES: AND JOINT TdbU of Contents, COMMITTEES. see p. XXIX. General A SELECT Committee is composed of certain members select com- aTekcr ° appointed by tlie house to consider or to take evidence ^("^^fe™ committee, upon any matters, and to report their opinion, for the infer- *^^- Reports and mation and assistance of the house. The reports of previous reftrred Committees, or other printed reports and papers, and bills and other documents, may be referred to select committees. And to enable a committee to cite in their report a docu- ment which has been laid upon the table, it is usual to move that it be referred to them. Petitions relating to the subject of inquiry may also be referred, which are laid before the committee by the clerk, from time to time.^ instruo- Like committees of the whole house, select committees tions. g^j.Q restrained from considering matters not specially referred to them by the house. When it is thought necessary to Tmtruc- extend their inquiries beyond the order of reference, an 4^'' ^^° ''" instruction from the house gives them authority for that purpose ; ^ and notice of an instruction can be placed upon the notice paper, to be moved after the appointment of a select committee, or after the nomination of members thereof, or as an independent motion. If it be deemed advisable to restrict or direct the inquiries of a select committee, a mandatory ^ instruction may be given by the house, pre- counsel scribing the limits of their powers,* or the course of their '"''^^^> ^'' > 189 H. D. 3 s. 1047. 268 ; House of Commons (An'ange- 2 Committee of Secrecy, 1817, 72 ments), 8th July, 1867, 122 ib. 351 ; G. J. 318 ; Taxation of Ireland, 2nd and see 137 ib. 117. 132. March, 1865, 120 ib. 107; East India » 15th April, 1872, 210 H. D. 3 s. Communications, 23rd April, 1866, 1262 ; 29th April, 1884, 287 ib. 875. 121 ib. 243 ; Trade in Animals, 16th * 75 0. J. 259 ; 90 ib. 522 ; 119 ib. April and 30 th July, 1866, ib. 222. 147. SELECT COMMITTEES. 379 cWpter proceedings,^ or directing tlie committee to make a special report upon certain matters.^ In the House of Lords, by standing order Ko. 57, notice of Appoint- the names of lords to be nominated for service on select select com- committees, other than those on private bills, must be ^^ Lord". entered among the printed notices for the day. The house resolves that a select committee be appointed, after which it is ordered that certain lords then nominated shall be appointed a committee to inquire into the matters referred, and to report to the house. Lords are nominated in the order of their precedence. Their lordships, or any three of them (or a greater number, if necessary), meet in one of the rooms adjoining to the upper house, and adjourn as they please.^ In special cases the Lords have appointed select committees by ballot.* There are also sessional committees appointed by the Lords at the commencement of every session, viz. the committee of privileges, the sub- committee for the journals, the appeal committee, the stand- ing order committee, the Parliament Office committee, and the library committee. By standing orders Nos. 54-56, a lord of the committee sittings may speak to the rest uncovered, or he may sit still if he ceedin^gs' in Presence of pleases ; and the committees are attended by such judges ^^^ '^°^^^- ^strar^^s °'-' learned counsel as are appointed, who are not to sit there p. 385. or be covered, unless it be out of favour for infirmity. A select committee of the House of Lords may sit, notwitli- standing any adjournment of the house, without special leave. Witnesses The Lords do not give select committees authority to send Witnesses, TfJZi'l' for witnesses or documentary evidence, nor have the com- J'^ ''Z' mentj see p. j ' raoned in 400. niittee any such power: but parties are ordinarily served ">^ ^°'^''^^- with a notice from the clerk attending the committee, that their attendance is requested on a certain day, to be examined before the committee. Until recently, such wit- nesses were required, previously to^ their examination, to be ' 99 C. J. 284 ; 102 ib. 24 ; 137 ib. " 137 ib. 98. 37. 65 ; to take evidence on oath, ' 109 L. J. 30. 142 ib. 97; to omit clauses from a ' 16 ib. 758; 22 ib. 116; 40 ib. bill, 18th March, 1890, 145 ib. 194; 198. to hear connsel, 123 ib. 263. 380 SELECT COMMITTEES. sworn at the bar of the house : but by the 21 & 22 Vict. c. chapter 78, a committee of the House of Lords may administer an com- mittees. oath to the witnesses examined before them. Where a positive order is thought necessary to enforce the attend- ance of a witness, or the production of documents, it emanates from the house itself. A select committee upon a bill cannot examine witnesses, except by order of the house. It is usual to give a Lords' committee power to appoint their own chairman: but when no such power is given, the chairman of committees (though not named as a member) is the chairman, by virtue of his office. Minutes of Pursuant to resolutions of the 25th June and 7th De- cn^Lords""^ cember, 1852, in effect the same as the Commons' standing orders Nos. 71. 72. and 73, a record is made on the minutes of tlie proceedings of the select committees of the House of Lords, of the names of lords who put questions to wit- nesses, who are present at each sitting, and who take part in a division. The chairman of a Lords' committee votes, like the other members, but has no casting vote (see p. 388). Appoint- The constitution of the select committees of the House of st™ution," Commons is regulated by standing orders Nos. 67-74, tke fnttie ^^'^^•^^ make provision respecting the number of members Commons, placed upon the committees, for their attendance, for the 74, Appen- publication of their names on the notice paper of the For nmu iix, p. 834. house, and upon the minutes of proceedings, and require '^^^°^. that due previous notice shall be given of motions for the ™*fe«s ^y '^ ° _ _ motion at nomination of members on select committees. Notice also commence- must be given of a motion for discharge of a raeiahev pyhudusi- therefrom (see p. 383). "^^^ '^' p- Appoint- In compliance with these orders, a select committee is members "sually Confined to fifteen members : but if from any special circumstances a larger number should be thought necessary, the house will, upon notice previously given (see p. 235), order that the committee do consist of a certain other number.^ ' Of twenty-one members (Civil 218 ; of thirty-one members (Indian Bills (Ireland) Bill, 1851), 106 0. J. Territories, 1852), 107 ib. 168; of SELECT COIpIITTEES. 381 Chapter A committee upon a matter of privilege may be Commit- ! appointed and nominated forthwith without notice ; such ^^tters of ^vUeqe^ a committee having been held not to be governed by privilege. see p. 383. any of the orders applicable to the appointment and nomination of other select committees.-^ The nomination of select committees have in special cases been entrusted by the order of the house to sources other than its own decision.^ For instance, the house has appointed certain committees by ballot ; ^ or has named two members, and appointed the rest of the committee by ballot ; * or, having chosen twenty-one names by ballot, has permitted each of two members nominated by the house to strike off four from that number;^ and the house habitually resorts to Fornomi- the committee of selection, for the nomination, either commitZes wholly or partially, of the members of select committees." lais'sef '^^® committee of selection has also been empowered, 20th 443. May, 1892, to divide a select committee into two committees. Division „( Police, &c., and to apportion between the committees the bills referred ^ p"™" committee ■ mittee into see p. 721. to the original committee.'' The select committee oq Mail two com- mittees, thirty members (Leasing Powera, 113 (Bank); 42 ib. 176 (Treasonable &c. (Ireland) Bills), 108 0. J. 284; Conspiracy in Ireland); 43 ib. 97 of twenty-three members (Merchant (Suspension of Habeas Corpus) ; 56 0. Ships), 135 ib. 84; of twenty-seven J. 259 (State of Ireland); 67 ib. 492 members (IMerchant Shipping), ib. (State of Counties) ; 74 ib. 64 (Bank) ; 180 ; Eailway Eates, and Agricul- on the state of the country (Lords), tural Tenants Compensation bills, , 5th Feb. 1818, 37 H.D. 155; see also 1882, 137 ib. 21. 376. 3 Lord Colchester's Diary, 37. » 112 ib. 232; 146 H. D. 3 s. 97; « 88 C. J. 144. 467, &c. 118 0. J. 68; 148 H. D. 3 s. 1855- = Ib. 160. 475. 1867; 143 C. J. 484. ^ The practical difBculty that has ' Until the surrender by the Com- arisen upon the nomination by the mons of their judicature over con- house of a select committee, has sug- tested elections put an end to the gested the transfer of that duty to general committee on elections, the a tribunal such as the committee of nomination of committees was occa- selection. On the 6th March, 1876, sionally entrusted to that body. there were no less than seventeen Stanford, Derby, and Sligo Elec- divisions upon the nomination of the tions, 103 ib. 555; 108 ib. 158; committee upon referees on private 109 ib. 52 ; Mr. Stonor's case, 1854, bills, 131 ib. 80. 109 ib. 182 ; Education (Inspectors' ' Police, &c., bills, 147 ib. 268 ; Eeports), 1864, 119 ib. 281 ; Leeds see also cases of sub-committees in bankruptcy court, 1865, 120 ib. the earlier journals, 1 ib. 845 ; 8 ib. 312. 374. ' Secret committees : 41 L. J. 96. 382 SELECT COMMITTEES. Contracts, 15th March, 1869, was ordered to consist of seven Chapter discharge of mem- bers. members, five to be nominated by the committee of selection, and two to be added by the house. The select committee on the Contagious Diseases Acts, 17th February, 1880, was appointed, ten members to be chosen by the house, and five by the committee of selection. The house ordered, 16th April, 1883, that the nomination of five members to serve on a joint committee of Lords and Commons (Channel Tunnel), be referred to the committee of selection; and again, 10th March, 1887, that the committee (London Corporation, Malversation, &c.) do consist of five members Motion for nominated by the same committee.^ As the house has delegated this duty to the committee of selection, no notice of motion, either for the discharge of a member nominated by that committee or for the substitution of another member in his place, is permissible, unless such motion is given under authority from the committee of selection,^ Members are also nominated to serve on a committee to examine witnesses, without the power of voting,^ or to serve on a committee, and to take part in its proceedings, but without the power of voting.* In the nomination of mem- bers to serve on select committees, and on select commit- tees to whom hybrid bills (see p. 443) or private bills may be referred, the house, and the committee of selection, are not bound to consider whether members are personally interested in the matter or bill referred to the committee, and no objection can be raised in this respect to the consti- tution of the committee (see p. 726). Sessional committees also are appointed, such as the committee of public accounts under standing order No. '77 (see p. 563) ; the committee on standing orders, the com- mittee of selection, the general committee on railway and XV. Sessional com- mittees. ' 124 0. J. 85.26; 135 ib. 26. 47; 138 ib. 148 ; 142 ib. 108. 2 4th April, 1892, 3 Pari. Deb. 4 s. 552; 28th April, 1893, Speaker's statement. ' CarlowElection,91C. J.42; Mr. Stonor's case, 109 ib. 232; Education (Inspectors' Eeports), 119 ib. 281 ; Leeds bankruptcy court, 120 ib. 312; London Corporation (Malvei'sation, &o.), 142 ib. 108. In this case these members had the power to propose, as well as to examine witnesses. * Moorad's claim, 1858, 113 ib. 68. SELECT COMMITTEES. 383 Chapter canal bills, the committee on police and sanitary bills, and . the kitchen and refreshment-rooms committee. As is mentioned on p. 235, pursuant to standing order Members No. 67, the nomination of members on a committee, or the discharged. substitution of members for those who have been nominated ^- 0. 67, . 111. Appendix, thereon, and proposals to increase the number of a com- p. 834. mittee beyond fifteen, or such other number as the house may have agreed upon, cannot be moved, except upon previous notice. Previous notice also is required of a motion to discharge a member from attendance on a committee. '^ , Upon a matter of privilege, or to fulfil the orders or Privilege, amend- the intention of the house, committees are appointed and 'Committees nominated forthwith without notice (see p. 235). to draw up [£Hje number that shall form the quorum of a committee Ouorum reasons, p. ^ ^ 479. is ordered by the house. Where no quorum is named, it is 5"'^*- „ •' ^ _ Orders, &c., necessary for all the members of the committee to attend. No. 334. In cases of an inquiry partaking of a judicial character, the house has named a quorum of five, but at the same time ordered the committee to report the absence of any member on two consecutive days ; ^ or, when such an investi- gation has been undertaken by a committee of five members, no quorum has been fixed by the house.^ Three are generally a quorum in committees of the upper house, and in the Commons the usual number is five when the number of the committee is fifteen and upwards:* but three are sometimes allowed,^ and occasionally seven,^ or nine,'' or any other number which the house may please to direct. Late in the session, the original quorum of a committee is some- times reduced.^ Where a quorum is prescribed by a stand- ing order, the order is suspended before the quorum is reduced.^ ■ 178 H. D. 3 S.956; 125 C.J. 268. " Army before Sebastopol, 1855, ' Great Yai-mouth and York Eleo- 110 ib. 87 ; 125 ib. 40 ; 126 ib. 61, &c. tions, 90 ib. 457. 504. ' Committee of privileges, 1854, ' See cases in vols. 0. J. 109. 119. 109 ib. 75; oaths of members, 1857, 120, cited in note 3, p. 382. 112 ib. 374. * The committee on Moorad's « 106 ib. 279; 116 ib.291; 127 ib. claim, sess. 1858, consisted of seven, 219 ; 128 ib. 361. and the quorum was five. » Public Accounts committee, 123 « 111 0. J. 8. 12 ; 120 ib. 46. ib. 91 ; 124 ib. 340, &c. 384 SELECT COMMITTEES. A committee cannot proceed to business without a chapter XV. s. 0. 74, quorum, and, pursuant to standing order No. 74, the clerk p.^SM. "'' of the committee calls the attention of the chairman to the absence of a quorum, who thereupon suspends the pro- ceedings of the committee until a quorum be present, or adjourns the committee ; and a standing committee is ad- journed in like manner. The Income and Property Tax committee was instructed to report the evidence of a witness, although given when its quorum was incomplete.^ Power to As the object of select committees is usually to take evi- Summons to- persons, dcnce, the House of Commons, when necessary, gives them see p. m. records ^""^ " po^®"" ^^ Send for persons, papers, and records." If that Semune- power be not given, the documents that may be laid before witnesses, the committee are handed in by the chairman. Under the ^^° ^' power to send for persons, &c., witnesses may be summoned tration of by an order, signed by the chairman, and must bring all °^itJsses documents that will be required for the use of the com- P- *"*■ mittee. If the order is neglected or disobeyed, the matter is reported to the house, and an offender is treated in the same manner as if he had been guilty of a similar contempt to the house itself. Witnesses, however, are not summoned from India or the colonies : but application is made to the secretary of state to secure their attendance, or to obtain answers to written questions.^ For papers In 1849, the Fisheries (Ireland) committee was appointed, ™i "°°' ^ with power to send for papers and reo(yrds only,^ but examined witnesses who voluntarily tendered their evidence. By this arrangement, the expense of witnesses summoned in the usual manner was avoided. A select committee on a bill, having power to send for persons, papers, and records, can only take evidence con- cerning that bill, unless the scope of its inquiries be enlarged by an instruction.* ^here -A- select committee have no power to send for any papers papers re- quire an 1 28tli May, 1852, 107 0. J. 254. » 104 C. J. 75. address. ^ ^^^^ ^j^^.^ ^^^ ^^^ Colonies) < 190 H. D, 3 s. 1800. committee, 1867. SELECT COMMITTEES. 385 Chapter which, if required by the house itself, would be sought by ! address (see p. 507). In such cases, the chairman may either move an address in the house, or communicate with the secretary of state to whose department the papers relate, who will lay them before Parliament if he thinks proper, by command of her Majesty. The papers, when received, will then be referred to the committee by the house. Nor is a committee at liberty to send for any papers which, according to the rules and practice of the house, it is not usual for the house itself to order. In the committee on the Thames Embankment, in 1871, objections were raised to the production of a case laid before the law officers of the Crown, on the ground that such a document was not usually required to be produced by the house itself (see p. 322) : but when it appeared that the opinion formed upon the case had been presented, the production of the case, upon which that opinion was founded, could not be resisted, and it was presented to the committee.^ In 1858, the select committee on the Boundaries of Special m- Boroughs had leave to receive and call for maps, memorials, l""^'*^' reports, papers, and records concerning the said boroughs, and to confer with the boundary commissioners, and those employed under them in their inquiries, and with the members of the counties and boroughs affected.^ The select committee of the Lords on the Sweating System was empowered by a resolution of their house to employ a gentleman to visit the localities where the existence of the system was alleged, and to examine into the evidence proposed to be submitted to the committee.* See motions Orders for the appointment of select committees are Appoint- mtn^ke' Occasionally discharged ; * and other committees, with dif- ™'^°* ^^]'- p. 234. ferent orders of reference, appointed.^ During the sitting of a select committee of the Lords, Presence of under standing order No. 56 strangers may be excluded. strangers. • Minutes of the committee, pp. ' 93 ib. 265 ; 99 ib. 300 ; 108 ib. iv.-vi. 487; 109 ib. 251. ' 123 C. J. 183. ^ Conventual, &c., Institutions, ' 120 L. J. 455. 1870, 125 0. J. 169. P. 2 C 386 SELECT COMMITTEES. All lords Any lord is entitled, by standing order No. 55, to attend Chapter buYnoT*' tl^is select committees of that house, and is not excluded '- — vote. from coming in and speaking, but he must not vote, a privilege that does not extend to a secret committee. Commons. In the Commons, the presence of strangers during the sitting of select committees is generally permitted. Their exclusion, however, may be ordered at any time, and continued as long as the committee may think fit. When they are deliberating, it is the invariable practice to exclude strangers. Presence of Members of the House of Commons have claimed the mem eis. ^^gj^^ ^f being present, as well during the deliberations of a committee as while the witnesses are examined ; and although, if requested to retire, they would rarely make any objection, on the grounds of established usage and of courtesy to the committee, they ought immediately to retire when the committee are about to deliberate ; yet it appears that the committee, in case of their refusal, have no power to order them to withdraw. PrecedentB. On the 24th April, 1626, Mr. G-lanvyle, from the select Charges committee on the charges against the Duke of Buckingham, Duke of stated that exceptions were taken by some members of the ham^'"^* ^°^s® against the examinations being kept private, without admitting some other members thereof, and desired the direction of the house. It is evident from this statement that the committee liad exercised a power of excluding members; and though it is said in the journal that much dispute arose upon the general question, "whether the members of the house, not of a select committee, may come to the select committee," no general rule was laid down: but in that particular case the house ordered — " That no member of the house shall be present at the debate, dis- position, or penning of the business by the select committee : but only to be present at the examination, and that without interposition."! East India An Opinion somewhat more definite may be collected from judicature, ^-^q proceedings of the Indian Judicature committee, in 1782. In that case the committee were about to deliberate upon ' 1 C. J. 849. SELECT COMMITTEES. 387 Chapter the refusal of Mr. Barwell to answer certain questions ; and Mr. Bar- '- — on the room being cleared, he insisted upon his privilege, as ^° " a member of the house, of being present during the debate. The committee observed that as Mr. Barwell was the party concerned in that debate, they thought he had no right to be present. Mr. Barwell still persisted in his right,, and two members attended the Speaker, and returned with his opinion, that Mr. Barwell had no right to insist upon being present during the debate ; upon which Mr. Barwell with- drew. Here the ground taken by the committee for his exclusion was that he was concerned in the debate, and not simply that, as a member, he had no right to be present at their deliberations. The house soon afterwards ordered — " That wlien any matter shall arise on which the said committee wish to debate, it shall be at their discretion to require every person, not being a member of the committee, to withdraw." The inference from this order must be that the committee ■would not otherwise have been authorized to exclude a member of the house.-^ When committees were appointed to examine the physi- King's «ians of King George III., in 1810 and 1811, the house also ^ y^'"*"^- ordered, " That no member of this house, but such as are members of the committee, be there present." ^ On the 23rd February, 1849, in the case of the Irish Poor Irish poor committee, the Speaker stated, that although it had been i849. ' the practice for members, not being members of the com- mittee, to withdraw while the committee were deliberating or dividing; yet if members persisted in remaining, the committee have no power to exclude them, unless by order of the house ; and the house acts upon this decision.^ As members cannot be excluded from a committee room General • r 1 • 111 results. by the authority of the committee, if the occasion should arise, the committee must apply to the house for power to effect their exclusion. At the same time, it may be observed, that such applications are not favourably entertained by the house.* • 38C. J. 370; see also Election Pro- = 102 H. D. 3 s. 1183. ceedings committee, 1852, 97 ib. 488. * See Election Proceedings com- 2 66 ib. 6 : 67 ib. 17. mittee, 1852, 99 0. J. 438 ; Army 388 SELECT COMMITTEES. Secret com- mittees. Chairman chosen. Divisions. Casting voice of chaii'man< But when, in the opinion of the house, secrecy ought to C^pter be maintained, secret committees are appointed,^ whose inquiries are conducted throughout with closed doors ; and it is the invariable practice for all members, not on the committee, to be excluded from the room throughout the whole of its proceedings.^ The first proceeding of a committee is to choose a Procedure chairman, who is ordinarily called to the chair by the house general voice of the members present : but if a difference committees of opinion should arise, the choice is obtained by the *^^ P- ^'^^■ procedure observed by the house in the election of a Speaker.* Members attending the sittings of a committee may sit Members or stand without being uncovered. Every question is l^il^t c"m- determined in a select committee in the same manner as ™'**«' "^y secMre in the house to which it belongs. In the Lords' committees, p^f^es m the chairman votes like any other peer ; and, if the numbers see p. 174, on a division be equal, the question is negatived, in accord- persomi ance with the ancient rule of the House of Lords, " Semper ™*^««* ™ ' -i a votej see prsesumiiur pro negante." In the Commons, the practice in P- 357. a select committee, not being a private bill committee (see p. 726), is similar to that observed in divisions of the house itself, pursuant to the resolution of the house: "That, according to the established rules of Parliament, the chair- before Sebaatopol committee, 1st March, 1855, 137 C. J. 18 ; Rochdale Election case, 20th June, 1857, 146 H. X). 3 a. 137; and Complaint, 16th May, 1861, 162 ib. 2095. • 58 L; J. 115; 38 0. J. 430. 435; 65 ib. 37; 66 ib. 6; 67 ib. 17; 72 ib. 318; 92 ib. 26; 99 ib. 461; 112 ib. 24. ' " In the course of the debate (on the committee of secrecy on the Bank of England), Mr. Fox and Mr. Grey both stated distinctly and expressly, and without contradiction, that the nature of a committee of secrecy was only that it excluded from their proceedings all strangers: but that the members of the committee were not otherwise bound to individual secrecy out of the committee, than as their own sense of duty or pro- priety might suggest, according to the nature and object of their in- quiry." — Lord Colchester's Diary, 9th March, 1797, i. 91. For a discussion as to the peculiarities of a secret committee, see debates upon the budget and navy estimates, 22nd Feb. 1848, 96 H. D. 3 s. 987. 1056; Bank Acts committee, 12th Feb. 1857, 144 ib. 596. " Minutes of Committees ; Savings Banks, 1849; Bills of Exchange Bill, 1855 ; Eoohdale Election, 1857 ; Tenure and Improvement of Land (Ireland) Act, 1865. SELECT COMMITTEES. 389 Chapter man of a select committee can only vote when there is an XVt '- — equality of voices." ^ But to suit the composition of committees on private Com- bills, which ordinarily consist of four members/ under stand- private ing order (Private Bills) No. 125, all questions are decided '"^'^' by a majority of voices, including the voice of the chair- man ; and, whenever the voices are equal, the chairman has a second or casting vote. The doors of the committee room are deemed to be locked Rules and whilst a division is being taken, and a member who has 331. ' heard the question cannot abstain from giving his vote. A member, having voted by mistake, has been allowed to correct the error; and a member's vote has been dis- a,llowed, as he was not in the room when the question was put.^ A select committee may adjourn its sittings from time to Adjourn- time, and occasionally a power is also given by the house com- to adjourn from place to place ; * or from time to time, and pro^^piace from place to place.^ This power of adjournment from *° P^*™- place to place is generally intended to enable a committee to hold its sittings in different parts of London, as the Mint committee of 1837, at the Mint ; the Coal Mines committee of 1852, at the Polytechnic Institution ; the National Gallery committee of 1853, at the National Gallery ; and the Oaths committee of 1850, at the house of Mr. Wynn, a member of the committee, who was sick. ' 25th March, 1836, 91 C. J. 214. opinion that the course proposed In the committee on the Consolida- was contrary to the spirit of parlia- tion of the Customs and Inland mentary proceedings, and Mr. Hors- Eevenue, 1863, Mr. Horsfall, the fall resumed the chair : but a corn- chairman, had prepared a report, mittee so balanced being unable to which was negatived by a majority agree, they merely reported the of one. Mr. Cardwell then proposed evidence without any opinion. — Mr. a report embodying the opinions of Speaker Venison's Note-hook. « the majority : but at the next meet- * 119 C. J. 460. ing of the committee, Mr. Horsfall ' Railway Kates,- &c., committee, declined to resume the chair, and 1882, Report, pp. 50. 63. proposed that Mr. Cardwell should * 89 C. J. 419; 101 ib. 152; 105 -take it,— his object being to obtain ib. 215 ; 107 ib. 279 ; 108 ib. 453 ; a majority in favour of his own 111 ib. 318. views. The matter being referred = 72 ib. 318 ; 108 lb. 350. to Mr. Speaker, he expressed an 390 SELECT COMMITTEES, But in 1834, the committee on the Inns of Court appointed cimpter a quorum to go into Essex, to take the evidence of a witness who was unable to move from home. In 1858, it was proposed to give the power of adjourning from place to place to the committee on contracts (Public Departments), in order to enable it to hold its sitting at Weedon : but the proposal was withdrawn, and a royal commission appointed. In 1863, this power was granted to the committee on the Thames Conservancy, to empower it to visit different parts of the river to which its inquiry extended.^ In 1864, the same power was given to the committee on Schools of Art.^ Com- In certain cases, select committees have been appointed pointed to ' Gxpressly for the purpose of taking the examination of wit- examine nesses who were incapacitated by sickness from attending witnesses, personally to be examined before the house or its com- mittees.^ Com- Formerly, without the leave of the house, no committee mittees f ^j^g Commons could sit during a sitting of the house, but may sit, o o 3 except now, by standing order No. 66, all committees, not being AppUcatiow prayers, standing committees (see p. 374), are able to sit on days ^^cmf' S. 0. 66, when the house meets for business, during the sitting:, and '"»*'««/<»' Appendix, . , , . t ■,- » , '^""^ *" ^^r p. 834. notwithstanding any * adjournment of the house, except see p. 374. while the house is at prayers. The Serjeant, therefore, fg'^^dZ S. 0. 76, under standing order No. 76, when the house is going to Serjeant's p^834 '^' prayers, gives notice thereof to the committees, and all 222'. proceedings of committees, after such notice, are null and void, unless such committees be otherwise empowered to sit after prayers. Nor may a committee sit, save by order of the house, on a day when the house is not sitting. Sittings Occasionally, committees have been ordered to sit from day ^onmment *° ^^^ notwithstanding any adjournment of the house, or of the to sit and proceed forthwith, and to sit from day to day.^ ' 118 C. J. 240. ting. 2 119 ib. 255. = 123 C.J. 188 ; 124 ib. 187. Leave » 61 ib. 435 ; 2 Hatsell, 138, n. given to all committees, during re- ' The vf ords, " any adjournment," mainder of the session, to sit, notwith- in the standing order, are held by standing any adjournment of the. usage to mean the adjournment of the house, 21st June, 1892, 147 ib. 390. house whilst the committees are sit- SELECT COMMITTEES. 391 Chapter Without such an order, therefore, on a Friday night, the leaTe of the house must be obtained to enable a committee to sit on Saturday. Sittings of Orders are usually made that no committees shall have the house, •' p. 183. leave to sit on Ascension Day until two o'clock,^ in order to enable members to attend morning service. And on Ash Wednesday, committees rarely sit, but, if necessary, meet after two o'clock, to which hour the house is adjourned. A select committee ought to be regularly adjourned from Adjomn- one sitting till another, though in practice the reassembling ™^. ° of the committee is sometimes left to be afterwards arranged "^i''^^^- by the chairman, by whose direction the members are sum- moned for a future day : but this practice, not being regular, can only be resorted to for the convenience of the members, and with their general concurrence. In 1871, a complaint was made, that, a day having been fixed for the next meet- ing of the committee by the chairman, he had, after consult- ing several members of the committee, appointed an earlier day : but it was ruled that, under the circumstances ex- plained to the house, such a proceeding was not irregular.^ In 1856, the Masters and Operatives committee was a select revived,^ in consequence of an irregularity in its adjourn- i"";™"'^ ment; being the first instance, it is believed, of such a proceeding, except in the case of committees on private bills. Where select committees have been appointed to inquire counsel. into matters in which the private interests, character, or conduct of members of the House of Commons or other persons are concerned, the committees are emjtowered to hear counsel on behalf of such persons, the order of the house for that purpose being obtained on petitions presented to the house, on the report of the committee, or on a motion to that effect. A committee has also been instructed that they do hear the petitioners by counsel or otherwise ; and, on the other hand, the order of the house has provided that such hearing of persons interested shall be at the discretion of the committee.* And in accordance with the resolution » 144 C. J. 215 ; 146 ib. 264. ' 111 ib. 298. ' 205 H. D. 3 s. 685. ' 77 0. J. 405 ; 88 ib. 169. 568. 588 ; 392 SELECT COMMITTEBSi of the 16tli Marcli, 1688, if any information come before Chapter ' •' XV. a committee that chargeth a member of the house, the committee ought only to direct that the house be acquainted <^^fS«« with the matter of such information, without proceeding members, further thereupon.^ Printed The evidence of the witnesses examined before a select Oath taken minutes of ... ..i j • i^i j j •iii-i^^ fit- evidence. Committee IS taken down in shorthand, and prmted daily ^^ses, see for the use of the members of the committee.^ In the Lords, P- ^'^^• the printing is authorized by an order of the house; in some cases with special directions restricting the delivery of the copies of the evidence, or of certain portions thereof.^ Protection In the Commons, evidence before select committees is ^sse$,sii Corrections printed according to long-established usage. A printed P- ^^''• evi ence. ^^^^ ^^ j^jg evidence is sent to each witness for his revision, with an instruction that he can only make verbal corrections, as corrections in substance must be effected by re-examina- Expenses tion; nor is a witness permitted to see the original manu- ^gj^j^'see script notes of his evidence. Alterations should be confined P' ***®' to the correction of inaccuracies, or the necessary explanation of any answer, and are required to be in the handwriting of the witness himself, unless he is disabled by accident or infirmity, in which case they may be written by another person at his dictation. The corrected cop^ should be returned without delay to the committee clerk, who is to examine the corrections, and, if any appear to be irregular, he is to submit them to the chairman. If the evidence be not returned, with corrections, in six days, or some other reasonable time, according to the circumstances, it will be 110 C. J. 367; 116 ib. 307; 119 ib. trade inquiries ; and by the Commons 193 ; 123 ib. 263 ; 124 ib. 48. 51. 87 ; in 1792, on the Eau Brink Drainage. 143 ib. 234; 144 ib. 253. Pursuant to 42 Geo. III. c. 84, 1802, ' 10 ib. 51. shorthand writers attended election Evidence ' For the permanent establishment committees, 3 Lord Colchester'sDiary, of officers oftheshortliand writer to both houses 332; see also resolution 4th May, "/'^ of Parliament, see p. 194. Official 1789, 44 C. J. 320, regarding Mr. '""^'c^^ee reports of evidence by shorthand Gurney, who was appointed to take writers were first ordered by the minutes at the trial of Warren Hast- Lords, on divorce bills, 1699, 1700, ings. 16 L. J. 524. 630. 634. Shorthand ' 115 L. J. 177; 117 ib. 393. 418; writers were subsequently employed 121 ib. 116. by the Lords in 1786, upon the slave- SELECT COMMITTEES. 393 Ctapter printed in its original form.^ Where evidence has been ■ taken upon oath, its correction should be restrained within very narrow limits. On the 20th July, 1849, an instruction was given to a select committee to re-examine a witness "touching his former evidence," as it appeared that he had corrected his evidence more extensively than the rules of the house per- mitted, and his corrections had consequently not been re- ported by the committee ; ^ and in 1849, a committee of the Lords reported that the alterations made by some of the wit- nesses were so unusual, that they had ordered the alterations and corrections to be marked, and printed in the margin.' Leave is occasionally given to the parties appearing before a select committee to print the evidence from the committee clerk's copy, from day to day.* Both as a breach of the Commons' privileges (see p. 72), and pursuant to the resolution of the house forbidding the Evidence publication,^ no member, or any other person, may publish n°t to b°e' any portion of the evidence taken by, or documents pre- P'^^'l'slied sented to select committees, which have not been reported to reported, the house ; and this rule extends equally to the report of a committee before it has been presented to the house.^ For money Select coiftmittees are able to consider and to report to bills re- the house resolutions recommending an outlay of public seCc/oom- money for the purposes therein specified, without the pre- ■mitues, see yjous signification of the royal recommendation (see p. 527), because such a resolution is classed among those abstract resolutions by the house in favour of public expenditure, which are in the nature of suggestions, and are not in them- selves binding upon the action of the house.'' ' Instructions by Mr. Speaker, leth. " The consideration of the irregular April, 1861 ; and see 189 H. D. 3 s. puhlicatlon of reports by royal oom- 1223. missions was referred by the Lords, 2 104 C. J. 525. 20th May, 1883, 116 L. J. 200, to the ' Audit of Railway Accounts committee on the ofSce of the Clerk (North Wales Eailway). of the Parliaments. < The Metropolis Water Bill, 1871, 'Reports: sess. 1857-8, on Mr. 126 C. J. 292 ; 131 ib. 300. 350 ; 132 Barber's case, 113 C. J. 231 ; and sess. ib. 141. 202, &c.; 135 ib. 209. 1877, on Lord Cochrane's case, 132 ■ « 21st April, 1837, 92 lb. 282. ib. 143. Reports on House of Com- 394 SELECT COMMITTEES. Draft reso- When the evidence has been concluded, the chairman chapter ie'o''T '"^ prepares resolutions, or a draft report, which it is customary . to print and circulate among the members, before they are considered. Resolutions are open to discussion and amend- ment, subject to the same rules as in a committee of the wholS house. No resolution or amendment may be proposed, j,^^^. which is not within the order of reference ; and the chair- Q"esUm man will decline to put it from the chair.^ When a resolu- missMe, s< tion has been agreed to, the committee are unable to review ^" '"' and amend it. When there are more than one series of resolutions, it is usual to move that those to be proposed by Mr. A. (generally the chairman) be now taken into con- sideration ; which question may be amended by leaving out " Mr. A." and inserting " Sir W. H. ; " and the opinion of the committee being ascertained, the consideration of the resolutions preferred by them is proceeded with. A draft report is read a first time pro forma, and a second time paragraph by paragraph, every part being liable to amend- ment, according to the ordinary rules which govern amend- ments. A question is also put that each paragraph, or each paragraph as amended, stand part of the report. In case there should be two or more draft reports, proposed by different members, they are severally read a first time, when a question is proposed that the draft report proposed by Mr. 0. be now read a second time, paragraph by paragraph ; to which an amendment may be moved to leave out " Mr. 0." and insert " Lord D. ; " and when the committee have decided which of the rival reports shall be accepted for consideration, it is proceeded with, paragraph by paragraph. New paragraphs may also be inserted throughout the report, or added by way of amendment. When the whole report has been agreed to, a question is put that it be the report of the committee to the house. Select committees formerly had no power to report either report. their opinion, or the minutes of evidence taken before them, without leave given by an order of the house. But by mons (Ventilation), sese. 1. 1886, Pari. 410). Paper No. 173; sess. II. 1886, No. ' Committee on Local Taxation 37 ; see also payment of witnesses (p. 1870, resolution of Sir M. Lopes. Power to SELECT COMMITTEES. 395 Copter standing order No. 75, committees empowered to send for s. 0. 75, persons, papers, and records, can report their opinion and p^lsi"^'^' observations, together with the minutes of evidence, to the house, and also a special report of matters which they may think fit to bring to the notice of the house. When it is desired to report any matters to the house, not Special comprised in the order of reference, or otherwise exceptional, "^°' ' leave is obtained from the house to make a special report. It is the custom not to report the evidence until the Power to inquiry has been completed, and the report is ready to be f^^^'' tj^je presented : but whenever an intermediate publication of the *» t™«- evidence, or more than one report, may be thought necessary, the house will grant leave, on the application of the chair- man, for the committee to " report its opinion or observa- tions, from time to time," or to "report minutes of evidence" only, from time to time.'^ And until the report and evidence have been laid upon the table, it is irregular to refer to them in debate,^ or to put questions in reference to the proceedings of the committee.^ If a committee, as the con- clusion of their inquiry, make a final report to the house, the sittings of the committee are assumed to have been closed ; and if further proceedings were desired, it would be necessary to revive the committee.^ When a committee has not completed its inquiries before the end of the session, it is a frequent practice to reappoint it at the next meeting of Parliament.^ A committee re- appointed cannot report the evidence taken before the com- mittee in the previous session except as a paper in the appendix. To obviate that difficulty, on the 29th April, 1852, the house ordered the evidence of the previous session to be laid before them ; and when presented it was referred to the committee, with leave to report it forthwith.^ There have been instances ia which the chairman of a PnUication committee, after the committee had reported, has published of draft ' 74 L. J. 80, &c. ; 92 C. J. 18. 167 ; London Improvements Bill, Speaker's 112 ib. 282, &c. ruling, 27th April, 1893. » 159 H. D. 3 B. 814; 193 ib. 1124. » 134 ib. 17. 52; 135 ib. 71. 3 189 ib. 604. " Property Tax, 107 ib. 77. < Tyne Kiver, &c., 105 C. J. 201. 396 SELECT COMMITTEES. his own draft report, which had not been accepted, accom- copter panied, in some cases, by additional arguments and illustra- - tions ; ^ and no objection had been urged against such a publication : but on the 21st July, 1858, it was brought to the notice of the house, that the chairman of a committee had published and circulated, in the form of a parliamentary proceeding, a draft report which he had submitted to the committee, but which had not been entertained by them, accompanied by observations reflecting upon the conduct and motives of members of that committee. No formal vote was sought for on this occasion : but it was generally agreed that the proceeding was irregular, and contrary to the usage of Parliament.^ Reports In one case the report of a committee had been made, and ordered to be printed, in the previous session, but was, in fact, prepared by the chairman after the prorogation. A committee was appointed to consider the circumstances under which the document purporting to be the report of the committee had been ordered to be printed; and on their report being received, the house resolved, " That the document was not a report which had been agreed to by the said committee, and that the said document be cancelled." ' On the 28th April, 1863, notice being taken that the analysis of evidence appended to the report of the select committee on Sewage of Towns in the last session, comprised observations and opinions not within the scope of such analysis, it was ordered to be cancelled.* Notice also has been taken of certain errors in a statement comprised in the appendix to a report, and a corrected statement ordered to be laid before the house.^ Reports When the evidence has not been reported by a committee, it has sometimes been ordered to be laid before the house.^ It is usual, however, to present the report, evidence, and appendix together, which are ordered to lie upon the table,'' ' Agricultural Distress, 1836 ; In- * 118 C. J. 189. come Tax, 1861. » 103 ib. 621. = 151 H. D. 3 s. 1867. " 88 ib. 671 ; 105 ib. 637, &o. ' 102 C. J. 254. 682; H. D. 16th ' 14th Nov. 1882, debate on this June, 1847. motion adjourned, 137 ib. 504. of com' mittees. SELECT COMMITTEES. 397 Copter a,iid to be printed. In presenting a report, the chairman ' appears at the bar, and is directed by the Speaker to bring it up. On the 18th May, 1865, it was ordered by the Lords, conside- " That any report presented by. a select committee shall not ^'ortg"*^ merely be laid upon the table of the house, but shall be printed and circulated, and notice shall be given on the minutes of the day on which it may be intended to take the report into consideration." ^ If it be expedient, the Commons appoint the consideration of the report of a select com- mittee for a future day, by a motion made on the presenta- tion of the report,^ or by a subsequent motion for that purpose.^ The report of a committee presented during a previous session has also been thus taken into consideration.* On the consideration of a report, motions have been made expressing the agreement ^ or the disagreement of the house therewith,® or motions are made which are founded upon, or which enforce the resolutions of the committee.'' Motions also may be made that the report be recommitted ;^ Recom- or recommitted, with minutes of proceedings, so far as they Sports! relate to a certain paragraph ; ^ or recommitted, and the order of reference amended ; ^^ or communicated to the Lords at a conference.^^ In 1850, the house, instead of ordering the evidence taken before a committee to be printed, referred it " to the secretary of state for the colonies, for the consideration of her Majesty's government." ^^ Eeficctions, An offer to control the decision of the committee on a offer to mitZs°^l private bill, for a corrupt consideration, was, in session 1879, commi'tter. p. 81. ' 97 L. J. 208. of signatures to petitions, 1865), 120 2 130 C. J. 134 ; 131 ib. 405, &c. ib. 252. ' 57 ib. 413. 481 ; 61 ib. 147. 152 ; " As the previous question cannot special report, Evesham, 86 ib. 168 ; be entertained in a Commons' com- Eailway Servants, &c., 1892, privi- mittee (see p. 270), the paragraph on lege case, 147 ib. 129. 170; see p. 124. the minutes of the proceedings of a ' 86 ib. 161. select committee, which contained au « 15ib. 597; 34ib. 740; 89 ib. 471. entry of a motion for the previous " 64 ib. 413. question, was recommitted to the com- ' 94 ib. 352 ; 100 ib. 642; 142 ib. mittee, 137 ib. 509. 306; 143 ib. 484. " 70 ib. 430. » 76 ib. 213 ; 82 ib. 318 ; 88 ib. " 91 ib. 9. 583 ; 92 ib. 478 ; Azeem Jah (forgery " 105 ib. 661 (Ceylon committee). 398 JOINT COMMITTEES. brought before the house, and dealt with as a breach of Chapter privilege.^ '- — Joint com- There are several early instances of the appointment of Lords and joint committees of the two houses : ^ but until 1864, no such Commons, committee had been appointed since 1695.^ A rule, similar to that adopted in regard to conferences, that the number Cmfe- on the part of the Commons should be double that of the "^^' ^' Lords, in the constitution of a joint committee is no longer in force ; and joint committees consist of equal numbers, representing both houses. This practice began in 1864, when, at the instance of Mr. Milner Gibson, the Commons appointed a committee of &ve members on the railway schemes of that session affecting the metropolis ; and joint cm- requested the Lords " to appoint an equal number of lords ™"^^' to be joined with the members of this house." The Lords ^''J'' ^^* P- accordingly appointed a committee of five lords to join the committee of the Commons,* and this precedent has since been repeatedly followed by both houses.^ Rules, The house that originates the joint committee, appoints Nos. 351- ' a certain number of their members to join with a committee ^^^' of the other house, and sends them a message to that effect for their consideration. Lords It is the custom that the Lords should propose the time pJe^tfrae"' and place of meeting, whether the committee be first and place desired by the Lords or by the Commons ; and the com- ofmeetmg. •' •' ' mittee of the Commons are directed to meet the Lords as ' desired, and they agree in the appointment of the chair- ' Tower Hill Level Bridge Bill, Stationery Office, 1881, 136 ib. 281 ; 1879 ; cases of Grissell and Ward, 134 Government of India, 141 ib. 79 ; 0. J. 322, &o. ; see also p. 88. private bills, Mamorandum of Asaocia- " 3 Hatsell, 38, et seq. ; trials of the tion, 144 ib. 341. Originated by the Lords in the Tower, lltb May, 1769 ; Commons : Railway Companies Amal- Lord Stafford's impeachment, 27th gamation, and Tramways (Metropo- Nov. 1680. lis), 1872, 127 ib. 61. 83; Eailwaya 2 22nd April, 1695, 11 C. J. 314. Transfer and Amalgamation bills, ' 173 H. D. 3 s. 291. 311. 493; 119 1873, 128 ib. 62; Channel Tunnel, C. J. 38. 57. 1883, 188 ib. 116 ; Debates in Parlia- » Originated by the Lords : Parlia- ment, and Private bill legislation, 143 mentary Deposits, 1867, 188 H. D 3s. ib. 86. 93 ; Eailway Rates and Prov. 423; 122 0. J. 811 ; Despatch of Pub- Order bills, 1891, 1892, 146 ib. 129; lie Business, 1869, 124 ib. 87 ; Parlia- 147 ib. 62. mentary Agents, 1876, 131 ib. 282; JOINT COMMITTEES. 399 ci^pter jjian of the joint committee without an order from their house. The practice of the House of Lords, which empowers the The chair- chairman of a committee to vote like the other members, without a casting vote, and establishes that, if the votes of the committee are equal, the question is decided in the negative (see p. 383), is followed by a joint committee.^ An instruction to a joint committee is governed by the instruo- rules which regulate instructions to committees of the whole house (see p. 452), and cannot, therefore, be drawn in a mandatory form, or to endow the committee with powers already possessed thereby. A joint committee has the same power of swearing witnesses as committees sitting separately, in the usual manner.^ In former times, committees of both houses have been put select com- in communication with each other.* In 1861, also, power ™'^'^„„-. was given to the select committee on the business of the rating with » . ■ 1 1 s^oh other. house to communicate,^ from time to time, with a select committee of the House of Lords upon the same subject.* • Despatch of Public BuBines3, committee, 1873. 1869 ; Eailway Companies, 1872 ; * la 1794, Corresponding Societies, Joint Committee Proceedings, vols, 49 C. J. 619. 620 ; in 1801, State of vii. 178, and xiii. 102. Ireland, 66 ib. 287. 291. "Railway Amalgamation Bills * 116 ib. 77; 93 L. J. 13. 400 WITNESSES. CHAPTEE XVI. Chapter XVI. "WITNESSES AND PAELIAMENT. Table of Contents, How sum- Witnesses summoned to give evidence before the House of moned by the Lords. Lords, or any committee oi the whole house, are ordered to attend at the bar on a certain day, to be sworn ; and they are served with the order of the house, signed by the Clerk of the Parliaments. And if a witness be in the custody of a keeper of a prison, the keeper is ordered to bring him up in custody, in the same manner.^ If the house have reason to believe that a witness is purposely keeping out of the way, to avoid being served with the order, it has been usual to direct that the service of the order at his house shall be deemed good service.* If, after such service of the order, the witness should not attend, he is ordered to be taken into custody:^ but the execution of this order is sometimes stayed for a certain time.* If the officers of the house do not succeed in taking the witness into custody by virtue of this order, the last step taken is to address the Crown to issue a proclamation, with a reward for his apprehension.^ Peers, &c., When the evidence of peers, peeresses, or lords of Parlia- moned!™" ^ent has been required, the lord chancellor has been ordered to write letters to them, desiring their attendance to be examined as witnesses : ^ but they ordinarily attend and give evidence without any such form. Witnesses When the attendance of a witness is desired, to be ex- by™™"^ amined at the bar, by the House of Commons, or by a com- Commone. mitteo of the whole house, he is simply ordered to attend at a stated time ; '' and the order, signed by the Clerk of the house, is served upon him personally, if in or near London ; and if at a distance, it is forwarded to him by the 1 68 L. J. 513. 558. = lb. 441. 442. 2 66 ib. 295. 358. . » lb. 144. = lb. 400. ' 78 0. J. 240 ; 91 ib. 338. * Ib. 358. see p. zxx. WITNESSES. 401 ^x^T*' Serjeant-at-arms, by post, or, in special cases, by a messenger. , If he should be in the custody of the keeper of any prison, or sheriff,^ the Speaker is ordered to issue his warrant, which is personally served upon the keeper, or sheriff, by a mes- senger of the house, and by which he is directed to bring Mefusai to the witness in his custody to be examined. If the order for dommmts *^® attendance of a witness be disobeyed, he may be ordered a breach of to be scnt for in custody of the Serjeant-at-arms, and Mr. privilege, j j j see p. 384. Speaker be ordered to issue his warrant accordingly ; ^ or he may be declared guilty of a breach of privilege, and ordered to be taken into the custody of the Serjeant.^ Any person, also, who aids or abets a witness in keeping out of the way, is liable to a similar punishment. When the Serjeant has succeeded in apprehending such persons, they have generally been sent to Newgate for their offence.* If a witness should be in custody, by order of the other house, his attendance is secured by a message, de- siring that he may attend in the custody of the Black Eod or the Serjeant-at-arms, as the case may be, to be examined.^ Witnesses "^^^ attendance of a witness to be examined before a select By select tefore committee is ordinarily secured by an order signed by the mittees private bill •' . i -7 committees, chairman, by direction of the committee : but if any person ''' ■ should neglect to appear when summoned in this manner, his conduct is reported to the house, and an order is made for his attendance at the bar of the house. If, in the mean time, he should appear before the committee, it is usual to discharge the order for his attendance : ^ but if he still neglects to appear, he is dealt with as in the other cases already described. Procedure When witucsses have absconded, and cannot be taken Witnesses thereon, see j^to custody by the Serjeant-at-arms, addresses have been ^''^""""^"'g' p. 539, presented to the Crown for the issue of proclamations, with rewards for their apprehension.'' > 10 C. J. 476 ; 82 ib. 464 ; 86 ib. " 90 ib. 330. 343. 344. 795; 93 ib. 210. 353; 96 ib. 193; 97 = 11 ib. 296. 305; 15 ib. 376; 19 ib. 227 ; 99 ib. 89 ; 126 ib. 228. ib. 461. 462 ; 21 ib. 356. 926. ' 95 ib. 58. ' 91 ib. 352. = 106 ib. 48, &o. ' 75 ib. 419 ; 82 ib. 845, &o. P. 2 D 402 WITNESSES. Attendance If the evidence of a member be desired by the house, or C^^er beis, how 8, committee of the whole house, he is ordered to attend in required, j^jg pj^ce On a certain day.^ But when the attendance of a member as a witness is required before a select committee, the chairman sends to him a written request for his attend- ance. And pursuant to the resolution of the 16th March, 1688, " if a member of the house should refuse, upon being sent to, to come to give evidence or iaformation as a witness to a committee, the committee ought to acquaint the house therewith, and not summon such member to attend the committee." ^ There has been no instance of a member persisting in a refusal to give evidence: but members have been ordered by the house to attend select committees.^ In 1731, Sir Archibald Grant, a member, was committed to the custody of the Serjeant-at-arms, " in order to his forthcoming to abide the orders of the house," and was afterwards ordered to be brought before a committee, from time to time, in the custody of the Serjeant.* On the 28th June, 1842, a com- mittee reported that a member had declined complying with their request for his attendance. A motion was made for ordering him to attend the committee, and give evidence : but the member having at last expressed his willingness to attend, the motion was withdrawn.^ Attendance If the attendance of a peer should be desired, to give bers of the evidence before the house, or any committee of the House other q£ Commons,^ the house sends a message " to the Lords, to request that their lordships will give leave to " the peer in question " to attend, in order to his being examined " before the house or a committee, as the case may be, and stating the matters in relation to which his attendance is required. If the peer should be in his place when this message is received, and he consents, leave is immediately given for him to be examined, if he think fit. If not present, a I 61 C. J. 386 ; 64 ib. 17 ; 65 ib. » 97 ib. 438. 453. 458 ; see also Ee- 21. 30, &o. port of Precedents, from select com- ^ 10 ib. 51. mittee. Pari. Paper, No. 392, sess. ' 19 ib. 403. 1842. * 21 ib. 851-. 852. « 82 C. J. 394; 88 ib. 173. 179, WITNESSES. 403 *x^T*' message is returned on a future day, when the peer has, in his place, consented to go. Exactly the same form is ob^ served by the Lords, when they desire the attendance of a member of the House of Commons. A message is also sent requiring the attendance of a member to be examined, when the Lords are sitting on the trial of an impeachment : ^ but if the Lords be sitting as a court of criminal judicature on the trial of a peer, they order the attendance of a member of the House of Commons without a message.^ Whenever the attendance of a member of the other house is desired by a committee, it is advisable to give him private intima- tion, and to learn that he is willing to attend, before a formal message is sent to request his attendance. But these formalities, though occasionally adopted,^ are not usual or necessary in the case of private bills, where the attendance of witnesses is voluntary.* If a member should be in custody when leave is given him to attend the House of Lords, the Serjeant-at-arms is ordered to permit him to attend, in his custody.^ The same ceremony is maintained between the two houses Officers of in requesting the attendance of officers connected with their house. respective establishments : but when leave is given them to attend (see p. 407), the words " if they think fit," which are used in the case of members, are omitted in the answer.^ Whether a peer, who is not a lord of Parliament, may be P«eis, not ordered to attend in the same form as a commoner, is a matter of Pariia- ° upon which the two houses have not agreed, as although ™''"*' the Commons have ordered such peers to attend,^ the Lords, in the case of Lord Teignmouth, maintained the privilege of peerage as apart from the privilege of Parliament, by a ' 12 L. J. 84 ; 16 ib. 33. 747. ' 3 Hatsell, 21. 2 3 Hatsell, 21, )!. * 11 C. J. 296. 305; 15 ib. 376; ' Liverpool Docks Bill (Lord Har- (Mr. W. S. O'Brien), 101 ib. 603. > rowby), 103 C. J. 438; Salford " 103 ib. 658; 112 ib. 61; 113 ib. Borougb Bill, 108 ib. 434 ; Thames 255. Embankment Approaches Bill, 1873 ' 3rd May, 1779, Earl of Balr (Duke of Northumberland). In this carras, 37 ib. 366 ; proceedings re- case the attendance of the duke was gardlng the attendance of Lord desired by the committee itself, and Teignmouth, sess. 1806, 61 ib. 374. not by the parties. 404 WITKESSES. resolution to that effect, which, however, was not communi- Chapter XVI. cated to the Commons.^ Peers under In 1805, the Commons having sent a message to the Lords, desiring the attendance of Viscount Melville, to be examined before the committee of Naval Inquiry, the Lords acquainted them, at a conference, that the course adopted by the Lords " has been to permit their members, on their own request, to defend themselves in the House of Commons on points on which the Commons have not previously passed criminating resolutions against them, and to give evidence before the house, or any committee thereof, on those points only on which no matter of accusation is depending against them ; " and within these limitations' they gave leave to Lord Melville to attend, though the Commons did not think fit to examine him.^ Inquiry to Before any such message is sent to the other house, or ''? P^T any witness is otherwise summoned, it is right that the viously ■' ° ordered, house should previously have directed an inquiry into the matter upon which evidence is sought.^ Mode of ex- These being the various modes of securing the attendance amination. ^^ witnesses to give evidence before either house of Parlia- ment, the mode of examination is next to be considered. Lords. Lords of Parliament, and peers not being lords of Parlia- X 1 45 L. J. 812; see 2 Hatsell.App. Tower, during the pleasure of this- 9 ; 2 Lord Colchester's Diary, 69. 73, house." 1st June, 1825. "The chancellor, ' On the 31st March, 1813, a by Mr. Cowper's advice, thought it motion being made for a message to- necessary to have leave given by the the Lords for the attendance of Lord house for the Archbishop of Dublin's Moira to give information concerning, attendance before the Commons' the Princess of Wales, the Speaker committee, although, not being on desired the attention of the house to- the rota, he has no seat in the House the proceeding as novel and un- of Peers, or duty to discharge there." parliamentary ; " the rule being, — 3 Lord Colchester's Diary, 394. according to all precedents, not to ? 60 C. J. 265. 272; 1 Lord Col- desire the attendance of witnesses of cheater's Diary, 558 ; and see 4 Hat- any sort, excepting upon a matter sell, 485. By standing order No. 71, pending in the house, and which the "Ko lord shall either go down to house had previously resolved to the House of Commons, or send hia examine." The motion was super- answer in writing, or appear by seded by reading the order of the counsel, to answer any accusation day, 68 C. J. 364 ; 2 Lord Colchester's there, upon penalty of being com- Diary, 434, mitted to the Black Rod, or to the WITNESSES. 405 Chapter ment, and peeresses, are sworn at the table of the house, L^ by the lord chancellor ; ^ and other witnesses who are to be examined by the house, or by a committee of the whole house, are sworn at the bat. An Irish peer, being a member of the House of Commons, is sworn at the bar, as a commoner.^ The Lords formerly claimed the privilege of being examined upon honour, instead of upon oath.^ But this supposed privilege has long since been abandoned, and peers are everywhere examined upon oath, even in the House of Lords itself. If counsel be engaged in an inquiry at the bar, the witnesses are examined by them, and by any lord who may desire to put questions. When counsel are not engaged, the witnesses are examined by the Lords gene- rally. A lord of Parliament is examined in his place ; and peers not being lords of Parliament, and peeresses, have ■chairs placed for them at the table.* Formerly, every witness about to be examined before a oaths ad- select committee, was required to attend previously at the "' Lord?' bar to be sworn ; but since 1858, by statute 21 & 22 Vict. <=<""- mittees. c. 78, any committee of the House of Lords may administer an oath to the witnesses before such committee. Witnesses, however, in accordance with the resolution, 11th June, 1857, " that select committees, in future, shall examine witnesses without their having been previously sworn, except in cases in which it may be otherwise ordered by the house," ^ have only been sworn upon inquiries of a special character. In select committees of the Lords, witne'sses are placed Com- in a witness-box or at the shorthand writer's table, to be "'"°°^" examined : but members of the House of Commons are allowed a seat near the table, where they sit uncovered. Besides the infliction of punishment for perjury, false Oaths, evidence before the Lords, prevarication, or other miscon- duct of a witness, is punishable as a contempt.® ' 38 L. J. 68. 69 ; ib. 14th July, judges of the Court of Justiciary in 1845; 15th June, 1855. Scotland had chairs set for them at 2 Viscount Palmerston, 16th July, the bar, to be examined. 1844. = 89 ib. 60; Eeport on Oaths of ' 24 L. J. 136 ; 14 ib. 18. Witnesses, 1857 (15). ■• 25 ib. 303 ; see also ib. 100 ; 38 « 48 ib. 371, &o. ib. 69; 46 ib. 172. 189, where the 406 -WITNESSES. Oaths by The Commons, except during the Commonwealth,^ never C^Pt^r Commons' aggey(.g^ ^j^g i.jgj^t of administering an oath : though during '— com- mittees. t}je sBTenteenth century they were evidently alive to the importance of such a power, and resorted to various expe- dients in order to supply the defect in their own authority. 1. They selected some of their own members who were justices of the peace for Middlesex, to administer oaths in their magisterial capacity. 2. They sent witnesses to be examined by one of the judges. 3. They sought to aid their own inquiries by having their witnesses sworn at the bar of the House of Lords ; and by examining witnesses on oath before joint committees of both houses ; ^ in neither of which expedients were they supported by the Lords. The Commons also assumed a right of delegating to others a To examine power which they did not possess. On the 27th January, solemV°°^* 1715, they empowered justices of the peace for Middlesex manner, ^q examine witnesses in the most solemn manner before a committee of secrecy ; and the same practice was resorted to in other cases. Between this time and 1757, several similar instances occurred : ^ but from that year the most important inquiries were conducted without any attempt to Power of revive so anomalous and questionable a practice. At fne^oaths'' length, in 1871, in pursuance of the recommendations of a conferred gglect committee of 1869, Act 34 & 35 Vict. c. 83 was 1871. ' passed, empowering the House of Commons and its com- mittees to administer oaths to witnesses, and attaching to false evidence the penalties of perjury. By standing s. 0. 88. orders Nos. 88 and 89, oaths and affirmations, under the Oath ad- dix, vflm'. O^t^s -^^t' 1888 (see p. 156), are administered to witnesseSj TyJ^nt'^'^ before the house or a committee of the whole house, by a l^'^^^f: clerk at the table ; and before a select committee, by the f>y private 1. 1111 Ti .-r ^tioom- chairman, or by the clerk attending the committee. It miWees, see- is not usual, however, for select committees to examine ^' > See 6 0. J. 214. 451 ; 7 ib. 55. 521 ; 10 ib. 682 ; 10 ib. 415. 417 ; 8 287. 484, &o. ; see also 2 ib. 455. See ib. 325. 327; 2ib. 502 ; 8 ib. 647. 655. further the author's evidence before ' 18 ib. 353. 596 ; 19 ib. 301. The the committee on Witnesses (Houge committee on the South Sea Com- of Commons), in 1869. pany, 1721, 19 ib. 403; 21 ib. 851. ' 2 Hatsell, 151, et eeq. ; 9 C. J. 852 ; 2 Hatsell, 151-157. ■WITNESSES. 4.07 Chapter witnesses upon oath, except upon inquiries of a judicial or L_ other special character.^ Offences against Parliament committed by those who with- Contu- hold or give false evidence are treated as a breach of "ftn°g"es privilege (see p. 84). Though while the house punishes protection misconduct with severity, it is careful to protect witnesses *es7es Witnesses from the consequences of their evidence given by order of Shorthand quiries) the housc (see p. 121); and on extraordinary occasions, where i^^'^mQ-t Acf ^1892 further protection has been deemed necessary to elicit full '<>. see p. 122. disclosures. Acts have been passed to indemnify witnesses from all the penal consequences of their testimony.^ The practice of the house regarding' evidence sought for Clerks and outside the walls of Parliament touching proceedings the°house that have occurred therein is regulated by the resolution of "">**" g'^« '=' •' evidence session 1818, which directs that no clerk or officer of the without house, or shorthand writer employed to take minutes of evidence before this house, or any committee thereof, shall give evidence elsewhere, in respect of any proceedings or Evidence examination had at the bar, or before any committee of the %^(^iiament houso, without the Special leave of the house.^ Accordingly see p. 403. parties to a suit who desire to produce such evidence, or any other document in the custody of officers of the house, in a court of law, petition the house, praying that the proper officer may attend, and produce it ; and the term " proper officer " includes an official shorthand writer (see p. 194). The motion for leave may be moved without previous notice (see p. 235).* During the recess, however, it has been the ' The oommittee on Foreign Loans Vict. c. 7. in 1875 was the first to examine ' 73 C. J. 389. Under sect. 24 of witnesses upon oath under the Act; the Election Petitions Act, 1868, the again by the committees on Privilege shorthand writer of the House of (Tower High Level Bridge) ; Mr. Commons shall attend to take notes GofiSn's certificate, 1879 ; Contagious of the evidence before the election Diseases Act, 1882. By an instruc- judge. An order of the house is tion, the committee on London Cor- not required to enable the shorthand poration (Malversation), 1887, were writer who has attended a trial of directed to take evidence on oath, an election petition to give evidence 142 0. J. 97. thereon elsewhere, as the trial is not '' Election Compromises, 1842, 5 a proceeding of the house (private & 6 Vict. c. 31 ; Sudbury Disfran- ruling, 7th Feb. 1873). ohisement, 1843, 6 & 7 Vict. c. 11 ; ' 106 ib. 212. 277 ; 107 ib. 291, Gaming Transactions, 1844, 7 & 8 &o. 408 WITNESSES. practice for the Speaker, in order to prevent delays in the Chapter administration of justice, to allow the production of minutes of evidence and other documents, on the application of the parties to a private suit. But should the suit involve any question of privilege, especially the privilege of a witness, or should the production of the document appear, on other grounds, to be a subject for the discretion of the house itself, he will decline to grant the required authority. During a dissolution the Olerk of the house sanctions the production of documents, following the principle adopted Evidence of by the Speaker. It has been held by the courts, that the courts!" " evidence of members of proceedings in the House of Com- mons is not to be received without the permission of the house, unless they desire to give it ; ^ and, according to the usage of Parliament, no member is at liberty- to give evidence elsewhere in relation to any debates or proceedings in Parliament, except by leave of the house of which he is a member.^ Examined When a witness is examined by the House of Commons, Attendance at the bar. or by a Committee of the whole house,* he attends at the x^^°^''^fc,, bar, which is then kept down. If the witness be not in *" *«*« • 1117 1. minutes, custo.dy, the mace remains upon the table ; when, accordmg see p. 392. to the strict rule of the house, the Speaker should put all the qiiestions to the witness, and members should only suggest to him the questions which they desire to be put : * but, for the sake of avoiding the repetition of each question, members are usually permitted to address their questions directly to the witness, which, however, are still supposed to be put through the Speaker.^ When a witness i^ in the custody of the Serjeant-at-arms, or is brought from any prison in custody, it is the usual, but not the constant, practice for the Serjeant to stand with the mace at the bar. When the mace is on the Serjeant's shoulder, the Speaker has the sole management ; and no member may speak, or even suggest questions to the chair.^ In such cases, there- ^ Ohubb V. Salomons, 3 Carrington 26. & Kirwan, 75. •■ 1 lb. 536. ' IS H. D. n. s. 968-974. » 146 H. D. 3 s. 97 ; 150 ib. 1063. » 2 Hatsell, 140; but Bee 2 C. J. "2 Hatsell, 140. WITNESSES. 409 Chapter fore, the questions to be proposed should either be put in '. — writing, by individual members, or settled upon motions in the house, and given to Mr. Speaker before the prisoner is brought to the bar.^ If a question be objected to, or if any difference should arise in regard to the examination of a witness, he is directed by the Speaker to withdraw, before a motion is made, or the matter is considered. In committee of the whole house, any member may put questions directly to the witness. Where counsel are engaged, the examina- tion of witnesses is mainly conducted by them, subject to the interposition of questions by members ; and where any question arises in regard to the examination, the parties, counsel, and witnesses are directed to withdraw. Atiendance Members of the house are always examined in their Members, by 'or^rZf places ; ^ and peers, lords of Parliament, the judges, and p^^^j^/ the h 1 O.J. 350; 122 ib. 438. Chapter XTII. CONFEKENCES. 415 Chapter however, was departed from on one special occasion. In ' 1836, after two conferences upon the Municipal Corporations Bill, a free conference was held, according to ancient usage :^ but the disagreement between the two houses continued, and the consideration of the Lords' amendments and reasons was postponed for three months. In the following session, another bill was brought in, to which amendments were made by the Lords, to which the Commons disagreed. The results of the free conference, however, had been so unsatis- , factory, that the usage of Parliament was departed from, and four ^ ordinary conferences were successively held, with such success that the bill received the royal assent. A free conference differs materially from the ordinary Free con- conference; for, instead of the formal communication of^"'™°^' reasons, the managers attempt, by discussion, to effect an agreement between the houses. If a free conference should prove as unsuccessful as the former, the disagreement is almost helpless : though, if the house in possession of the bill should be prepared to make concessions, it is com- petent to desire another free conference upon the same subject; or,' if a question of privilege or other new matter should arise, an ordinary conference may be demanded.^ Until 1836, no free conference had been held since the year 1740; nor has there been any subsequent example. When the time appointed for a conference has arrived, p^^g „f business is suspended in both houses, the names of the i^olding a ■>■ _ conference. managers are called over, and they leave tiieir places, and repair to the conference chamber. The Commons, who come first to the conference, enter the room uncovered, and remain standing the whole time within the bar, at the table.* The Lords have their hats on till they come just within the bar of the place of conference, when they take them off and walk uncovered to their seats ; they then seat themselves, and remain sitting and covered during the conference. The lord (usually the lord privy seal) who receives or delivers ' 91 0. J. 783. ■• By order, 16th Jan. 1702, none = 92 ib. 466. 512. 589. 646. but managers are to stand mthin ^ 4 Hatsell, 42-45. 52, the bar. 416 COMMUNICATIONS BETWEEN LORDS AND COMMONS. the paper of resolutions or reasons stands up uncovered, chapter while the paper is being transferred from one manager to '__ the other: but while reading it he sits covered. When the conference is over, the Lords rise from their seats, take off their hats, and walk uncovered from the place of con- ference. The Lords who speak at a free conference, do so standing and uncovered.^ other A few words may be added concerning other means of /(,,•„( g^. TOmmuni- Communication between the two houses, less open ai^d ™^***^''J^^ cation. ostensible than those already described. The representa- see p. 398. tion of the executive government by ministers, in both houses, who have a common responsibility for the measures and policy of the state, secures uniformity in the direction of the councils of these independent bodies. Every public question is presented to them both, from ^he same point of view ; the judgment of the cabinet, and the sentiments of the political party which they represent, are adequately expressed in each house ; and a general agreement is thus attained, which no formal communications could effect. The organization of parties also exercises a marked influ- ence upon the relations of the two houses. When ministers are able to command a majority in the Lords as well as in the Commons, concord is assured. The views of the domi- nant party are carried out spontaneously in both houses, as if they were a single chamber. But when ministers enjoy- ing the confidence of the majority of the Commons are opposed by a majority of the Lords, it is difficult to avert frequent disagreements between the two houses. The policy approved by one party is condemned by the other ; and the minority in the Commons naturally look for the support of the majority in the Lords. Hence the decisions of one house are often contested by the other. When this conflict of opinion arises upon a bill, the proceedings which ensue have already been explained. Wiien it arises upon a ques- tion of policy or administration, the course pursued is, in great measure, determined by the character of the differ- ence. The two houses may differ upon aT)stract questions 1 4 Hatsell, 28, n. ; see also Lords' s. o. Conferences, 101-103; 1 C. J. 156. COMMUNICATIONS BETWEEN LOEDS AND COMMONS. 417 "xto' ^^t^o'^t ^iiy grave consequences. But if the policy of the government is condemned, or their conduct censured, or legislation arrested in one house, it is natural that the other should he ready with resolutions in support of the cause of which it approves. Thus during the contest be- tween Mr. Pitt and the coalition, in 1784, the Lords were forward in giving countenance to the minister, in his struggle with a hostile majority of the Commons.'^ Again, in the great Eeform crisis of 1831-32, the Commons sup- ported the ministers and their cause, when they were imperilled by the hostility of the Lords.^ And in 1839, when the opposition, in the Commons, had failed to arrest the establishment of a system of national education under an order in council by an address to the Crown, the upper house presented an address condemning the scheme, but without effect.^ In the same year, the House of Lords having appointed a committee to inquire into the state of Ireland since 1835, in respect of crime and outrage, the Commons, regarding this step as an arraignment of the policy of the ministers, supported them by a vote of confi- dence.* In 1850, when the Lords censured the government for the course taken in reference to the claims of Don Pacifico upon Greece, the Commons came to the rescue, with a vote of approval and confidence.^ In 1857, a vote of censure upon the policy of the government, in reference to the war in China, was negatived in the House of Lords: but, by a combina- tion of parties, a vote to the same effect was carried in the House of Commons ; ® and was followed by a disso- lution. In 1860, the Lords having rejected the bill for the aboli- tion of the paper duties, the Commons responded by reso- lutions reasserting their privileges in regard to money bills (see p. 550). And again, in 1864, conflicting resolu- 1 1 May, Const. Hist. 7tli edit. ■■ 71 L. J. 148; 94 C. J. 202. 75-83. » 82 L. J. 222 ; 105 C. J. 475. 2 lb. 143. -• « 88 L. J. 533; H. D. 26th Feb, ' lb. 415 ; 48 H. D. 3 s. 229, et seq., 1857, &o. 1322; 49 ib. 128. P. 2 E 418 COMMUNICATIONS BETWEEN LOEDS AND COMMONS. tions were agreed to in the two houses in relation to the chapter ° XVII, Danish War.'^^ . In 1871, a bill having been passed by the Commons for the abolition of purchase in the army, and providing com- pensation to the ojBficers, which was refused a second read- ing by the Lords, a royal warrant was issued cancelling former regulations by which the purchase of commissions had been sanctioned. The Lords were thus constrained to reconsider the bill, in order to secure the pecuniary interests of the officers : but in proceeding with the bill, they placed on record a condemnation of the issue of the warrant. It became a matter for consideration whether the Commons should be invited to respond to this adverse resolution : but as legislation was not arrested, and the vote of the Lords was without effect upon the policy or political position of ministers, the passing of the bill was accepted as a sufficient approval of the course adopted, without any retaliatory resolution. In 1881, the Lords condemned the policy of the government in regard to Afghanistan, and the Commons approved it. In 1882, the Lords having appointed a committee to inquire into the working of the Irish Land Act of the previous year, the Commons, after a long debate, agreed to a resolution that parliamentary inquiry, at the present time, into the working of that Act tends to defeat its opera- tion, and must be injurious to the interests of good govern- ment in Ireland.^ » 96 L. J. 538; 119 0. J. 405. ' 137 ib. 94; 266 H. D. 3 s. 1729, &o. QUEEN PRESENT IN PARLIAMENT. 419 Chapter XVIII. Table of Contents, see p. XXX, CHAPTER XVIII. COMMUNICATIONS FROM THE CROWN TO PARLIAMENT: AND FROM PARLIAMENT TO THE CROWN. The Queen is supposed to be present in the High Court Queen pve- of Parliament, by the same constitutional principle which lament." " recognizes her presence in other courts : ^ but she can only- take part in its proceedings by means which are acknow- ledged to be consistent with the parliamentary prerogatives of the Crown, and the entire freedom of the debates and proceedings of Parliament. She may be present in the House of Lords, at any time during the deliberations of that house, where the cloth of estate is : but she may not be concerned in any of its proceedings, except when she comes in state for the exercise of her prerogatiyes. In earlier times, the sovereign was habitually present in the House of Lords, as being his council, whose advice and assistance he personally desired. King Henry VI., in the ninth year of his reign, declared, with the advice and consent of the Lords, " That it shall be lawful for the Lords to debate together, in this present Parliament, and in every other for time to come, in the king's absence, concerning the condition of the kingdom, and the remedies necessary for it."^ Whence it appears that, at that time, it was customary for the king to be present at the deliberations of the Lords, even if his presence was not essential to their proceedings. When he ceased to take a personal part in their deliberations, it was still customary for the sovereign to attend the debates as a spectator.^ Charles II.,* and his » See Hale, Jurisd. of Lords, o. 1 ; Majesty, 2 Pari. Hist. 742. * 12 L. J. 318. " Charles H. being- sat, he told them it was a privilege he claimed from his ancestors to be present at their deliberations ; that, therefore, they should not for his coming interrupt their debates, but proceed, and be covered." — Andrew Fortescue, o. 8 (by Amos), with note B. ; and 2 Inst. 186. « 3 Kot. Pari. 611. ^ On the 24thFeb. 1640, while the trial of Lord Strafford was pending, the king came to the house, and the articles and answers were read to his 420 MESSAGES FROM THE CROWN. Communi- cations from the Crown, in person or by commis' sion. By message under the sign manual. successors, James II., William III.,^ and Queen Anne,^ were Chapter XVIII. very frequently present : but this questionable practice, '- which might be used to overawe that assembly, and influ- ence their debates,^ has wisely been discontinued since the accession of George I.* And, according to the practice of modern times, the Queen is never personally present in Parliament, except on its opening and prorogation; and occasionally for the purpose of giving the royal assent to bills during a session.* The various constitutional forms by which the Crown communicates with Parliament, and by which Parliament communicates with the Crown, will now be noticed in succession, according to their relative importance and solemnity. The most important modes by which the Crowil commu- nicates with Parliament are exemplified on those occasions when her Majesty Js present, in person or by commission, in the House of Lords, to open or prorogue Parliament, and when a royal speech is delivered to both houses. In giving the royal assent to bills in person or by commission, the communication of the Crown with the Parliament is of an equally solemn character. On these occasions the whole Parliament is assembled in one chamber, and the Crown is in immediate and direct communication with the three estates of the realm. The mode of communication next in importance is by a Committee written message under the royal sign manual, to either house aer^m'lee p. 524,' on the throne, and after, it being cold, on a bench at the fire," Jerviswood " Corr. 15, cited by Lord Stanhope, Eeign of Queen Anne, 166. She was present on the 15th Nov. and 6th Deo. 1705, ib. 205. 208. ' See 2 Lord Maoaulay, Hist. 35. ' 2 Hatsell, 371, «. ; Ohitty on Prerogatives, 74. The last occasion appears to have been the attendance of Queen Anne, on the 9 th and 12th Jan. 1710, during the debates upon the war with Spain. = 63 L. J. 885. Marvell's Letters, p. 405. Nor was Charles IL an inattentive observer ; for on the 26th Jan. 1670, he repri- mands the Lords for their " very great disorders, both at the hearing of causes, and in debates amongst them- selves," 12 L. J. 418. ' William IIL was present during the debate on the second reading of the Abjuration Bill, 2nd May, 1690, 14 ib. 483 ; 8 Lord Maoaulay, Hist. 347. " She was present for the first time on the 29th Nov. 1704, " at first MESSAGES FEOM THE CROWN. 421 x'^iii' ®^°S^y'^ °^ *° ^°^^^ houses separately.^ The message is brought by a member of the house, being a minister of the Crown, or one of the royal household.^ In the House of Lords, the peer who is charged with the message acquaints the house from his place, that he has a message under the royal sign manual, which her Majesty had commanded him to deliver to their lordships. And the lord chancellor then reads the message at length, all the lords being uncovered ; and it is afterwards read, or supposed to be read, again, at the table, by the Clerk.* In the House of Commons, the member who is charged with the message appears at the bar, where he informs the Speaker that he has a message from her Majesty to this house signed by herself; which, on being desired by the Speaker, he brings up to the chair. The message is delivered to the Speaker, who reads it at length, wbile all the members of the house are uncovered.^ On the 21st March, 1882, Mr. Speaker explained that a message from the Crown, under the sign manual, was always received by members uncovered : but that this custom did not apply to an answer to an address, nor to the speech from the throne when read to the house from the chair.^ " The subjects of such messages are usually communications Subjects of in regard to important public events which require the sages""' attention of Parliament ; "^ the calling out for service of the militia and the reserve forces (see p. 525) ; the prero- gatives, or property of the Crown ; ^ provision for the royal family, and other occasions which compel the executive to seek for pecuniary aid from Parliament (see p. 524). They may be regarded, in short, as additions to the royal speech, at the commencement of the session, submitting other matters to the deliberation of Parliament, besides the causes of summons previously declared. 1 86 C. J. 488. covered on the announcement of the ' 66 L. J. 958 ; 89 C. J. 575. death of the German emperor, Frede- ' If brought by one of the house- rick, 15th Jane, 1888. hold, he appears in uniform— in the « 267 H. D. 3 3. 1443. Lords, in bis place ; in the Commons, ' 40 L. J. 186 ; 44 ib. 74 ; 82 0. J. at the bar. 111. < 66 L. J. 958. ' 85 ib. 466; 89 ib. 189. 579. ' All the members present un- 422 MESSAGES FROM THE CEOWN. Should be communi- cated to both houses. This analogy between a royal speech, and a message under Chapter Verbal messages. Members im- prisoned. Queen's pleasure signified. the sign manual, is supported by several circumstances common to both. A speech is delivered to both houses, and every message under the sign manual should also be sent, if practicable, to both houses : but when they are accompanied by original papers, they have occasionally been sent to one house only. The more proper and regular course is to deliver them on the same day : but from the casual circumstance of both houses not sitting on the same day, or other accidents, it has frequently happened that messages have been delivered on different days.^ Another form of communication from the Crown to either house of Parliament, is in the nature of a verbal message, delivered, by command, by a minister of the Crown, to the house of which he is a member. This communication is used whenever a member of either house is arrested for any crime at the suit of the Crown, as the privileges of Parlia- ment require that the house should be informed of the cause for which their member is imprisoned, and detained from his. service in Parliament ; according to the examples of such communications cited on p. 114. The other modes of communicating with Parliament are by the royal " pleasure," " recommendation," or " consent," being signified. The Queen's pleasure is signified at the commencement of each Parliament, by the lord chancellor, that the Commons should elect a Speaker ; and when a vacancy in the office of Speaker occurs in the middle of a Parliament, a communication of the same nature is made by a minister, in the house (see p. 153). Her Majesty's pleasure is also signified for the attendance of the Commons in the House of Peers ; in regard to the times at which she appoints to be attended with addresses; and concerning matters per- sonally affecting the interests of the royal family.^ At the end of a session, also, the royal pleasure is signified, by the lord chancellor, that Parliament should be prorogued. • 2 Hatsell, 366, n. ; 66 L. J. 958 ; 539. 89 C. J. 575 ; 82 L. J. 368 ; 105 C. J. ' 86 ib. 460. EOYAL RECOMMENDATION AND CONSENT. 423 Chapter Under ihis head may likewise be included the approbation L of the Speaker elect, signified by the lord chancellor. For pro- The royal recommendation is signified to the Commons Eoyai re- ^dure upon i • • j. /> j_i /-s • • , • , • commenda-. the royal "J ^ minister 01 the brown, on receiTing petitions, on tion. rjcommen- motions for the introduction of bills, or on the offer of aanon, see ' p. 527. other motions, involving any public expenditure or grant of money not included in the annual estimates, whether such grant is to be made in the committee of supply, or any other committee ; or which would have the effect of releasing or compounding any sum of money owing to the Crown (see p. 531). The royal consent is given, by a privy councillor, Royal to motions for leave to bring in bills ; ^ or to amendments to bjng!"* '" bills,^ or to bills in any of their stages,^ or to instructions to committees on bills,* or to Lords' amendments to bills,^ which concern the royal prerogatives, the hereditary revenues, or personal property or interests of the Crown or Duchy of Cornwall.® When the Prince of Wales is of age, his own consent is signified, as Duke of Cornwall, in the same manner.'' The mode of communicating the recom- mendation and consent is the same ; but the former is given at the very commencement of a proceeding, and must precede all grants of money : while the latter may be given at any time during the progress of a bill, in which Hestituiion the consent of the Crown is required.^ Where bills have w&yee \^QQT^ suffered, through inadvertence, to be read a third time and passed, the proceedings have been declared null and void.^ In June, 1874, notice having been given of an amendment Amend- in committee on the Valuation of Property Bill, rendering commi'ttee Crown property rateable, doubts arose whether, as the effecting r r J ' the Oi'ov the Crowu. ' 106 O.J. 232; 107 ib. 142 ; 117 = 101 ib. 892; 103 ib. 729; 126 ib. 79. In 1853, the Queen's consent ib. 355.' and recommendation were signified " 77 ib. 408 ; 86 ib. 485. 550 ; 91 ib. to the Land Eevenues Bill, 108 ib. 548 ; 105 ib. 492. 625. ' 118 ib. 310; 119 ib. 368. 2 101 ib. 843; 107 ib. 321; 124 ' 98 ib. 287; 99 ib. 309; 104 ib. ib. 222. 192 ; 105 ib. 338 ; 23 H. D. 1 s. 474. 3 Second reading, 108 ib. 375 ; 110 551. ib. 290; third reading, ib. 115, &c. » 107 C. J. 157. < Civil List Bill, 1837, 93 ib. 204. 424 EOYAL CONSENT. consent of the Crown had not been signified, the question Chapter ZYIII. could be put by the chairman upon such amendment : but, after full consideration and review of precedents, it was determined that the chairman was bound to put the question. Several precedents were found, in the last century, in which amendments affecting the interests of the Crown had been made in committees on bills, and the consent of the Crown was afterwards signified when such amendments were agreed to upon the report.^ Hence it appeared that it was for the house, and not for the committee, which cannot receive any communication from the Queen, to guard the interests of the Crown. And it is clear, from many precedents, that the house itself is reluctant to interfere for that purpose until the very latest stages of the bill.^ Consent of The Same point of practice arose in the House of Lords, withheld, on the Ist July, 1844, on the third reading of the St. Asaph and Bangor Dioceses Bill. A select committee was appointed to search for precedents, who reported that there were no precedents : but that the bill belonged to that class to which it had been the usage to give the consent of the Crown before passing the house ; and that it had been the custom to receive such consent at various stages.^ The consent of the Crown was withheld ; and again in 1866, on the third reading of the Blackwater Bridge Bill, notice being taken that the Queen's consent had not been signified, Mr. Speaker declined to put the question.* In 1868, the Peerage (Ireland) Bill was withdrawn upon the second reading, when it was intimated that ministers would not advise her Majesty to give her consent to the bill at a later stage.^ Crown Another form of communication, similar in principle to mtevests\t the last, is when the Crown "places its interests at the the disposal ofParlia- i offences against Customs and May, 1747, 25 ib. 392. ™™ ■ Excise Laws Bill, 12th May, 1736, ' 220 H. D. 3 s. 641. 22 0. J. 714 ; Murder of Captain ' 1st & 2nd Rep. 76 ib. 122. 294. Porteous Bill, 15th June, 1737, 22 ib. 422. 591. 899 ; Westminster Bridge Bill, 23rd * 121 C. J. 423. March, 1740, 23 ib. 693; Tenure of = 191 H. D. 3 s. 1564. Ward-holding (Scotland) Bill, 22nd INTEEESTS OF THE CKOWN. 425 xvin Church Temporalities (Ireland) ' H. D. 6th May, 1833. Bill, 1833, 88 C. J. 381 ; Church of » 123 C. J. 160. 170. Ireland Bill, 1835, 90 ib. 447 ; 91 ib. • 225 H. D. 3 s. 1210. 427; 95ib. 385, &o. 426 ADDRESSES. How acknoW' ledged. Addresses in answer messages. refusal of the royal assent to the bill. And it is one of the advantages of this usage, that it obviates the necessity of resorting to the exercise of that prerogative. Having enumerated all the accustomed forms in which the royal will is made known to Parliament, it may now be shown, in the same order, in what manner they are severally acknowledged by each house. The forms observed on the meeting and prorogation of to wriUeu Parliament, and the proceedings connected with the address in answer to the royal speech, were described in the seventh chapter (see p. 170), and the royal assent to bills will be treated of hereafter (see p. 480), Messages under the royal sign manual are generally acknowledged by addresses in both houses, which are presented from one house by the " lords with white staves," i.e. the lord steward and the lord chamberlain; or sometimes by other lords specially named ; and from the other by privy councillors, in the same manner as addresses in answer to royal speeches, when Parliament has been opened by commission (see p. 172).i In the Commons, however, it is not always necessary to reply to messages under the sign manual by address ; as a prompt provision, made by that house (see p. 555), is itself a sufficient acknowledgment of royal communications for pecuniary aid; whilst messages, other than messages touching pecuniary aid, such as messages relating to important public events,^ or matters connected with the prerogatives, interests, or property of the Crown ; ® or which call for general legislative measures,* are answered by an address. When the house is informed, by command of the Crown, of the arrest of a member to be tried by a military court martial, it immediately resolves upon an address of thanks to her Majesty, " for her tender regard to the privileges of Chapter XVIII. Concurrent address by the Lords, see p. 541. To verbal messages. Examples of such communica- tions, see p. 114. • 109 C. J. 169; 132 H. D. 3 s. 307. 2 82 C. J. 114, &o. ; assassination of the Emperor of Russia, 1881, 136 ib. 223 ; calling out the reserve force, 1882, 137 ib. 399. ' 85 ib. 466 ; 89 ib. 578 ; 95 ib. 520. * 85 ib. 214. ADDEKSSES. 427 Chapter this house." ^ And when the arrest of a member for a XVIII 1_ criminal offence is communicated from the Crown, an address of thanks is voted in answer.^ But as the arrest of a member to be tried by a naval court martial does not proceed immediately from the Crown, and the communi- cation is only made from the Lords of the Admiralty (see p. 115), no address is necessary in answer to this indirect form of message. The matters upon which the royal pleasure is usually On royal signified need no address in answer, as immediate compli- &c^^te7nV ance is given by the house ; and the recommendation and signified. consent of the Crown, as already explained, are only signified as introductory to proceedings in Parliament, or essential to their progress. Addresses These being the several forms of acknowledging eommuni- Addresses. wxkrs 'and cations proceeding from the Crown, it now becomes necessary regulations, ^q describe those which originate with Parliament. It is by see p. 514. f _ _ addresses that the resolutions of Parliament are ordinarily communicated to the Crown. These are sometimes in answer to royal speeches or messages, but are more frequently in regard to other matters, upon which either house is desirous of making known its opinions to the Crown. Addresses are sometimes agreed upon by both houses, and Joint ad- jointly presented to the Crown, but are more generally con- fined to each house singly. When some event of unusual importance ^ makes it desirable to present a joint address, the Lords or Commons, as the case may be, agree to a form of address, and, having left a blank for the insertion of the title of the other house, communicate it, formerly at a con- ference, but now by message,* and desire their concurrence. J ■ t A The blank is filled up by the other house, and a message is dresses, returned, acquainting the house with their concurrence, and practices at that the blank has been filled up. Such addresses are pre- see'p.°623. sented either by both houses in a body,^ or by two peers ' 70 0. J. 70. ' Address, attempt against her 2 37 ib. 903. Majesty's life, 6th March, 1882, 137 » 87 ib. 421 ; 89 ib. 235 ; outrage ib. 88. upontheQueen, 1840, 95 1^422; out- = 87 ib. 424; 72 L. J. 393; 74 rage upon the Queen, 1842, 97 ib. 324. ib. 279. 428 ADDRESSES. and four members of the House of Commons ; ^ and they ^f?^F have been presented also by committees of both houses ; ^ by a joint committee of Lords and Commons,^ and by the lord chancellor and the Speaker of the House of Commons : * but the Lords always learn her Majesty's pleasure, and com- municate to the Commons, by message, the time at which she has appointed to be attended. Separate The addresses of the Commons in answer to the royal addresses. "^ speech at the commencement of the session (see p. 171), were formerly moved as a resolution unprefaced by the preliminary words, " Most Gracious Sovereign, — We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, beg leave to offer," &c., whereby the resolutions are addressed to the Queen ; and the reso- lution was referred to a committee for due preparation. According to present usage addresses are now moved in due form for presentation to her Majesty ; and this practice will be adopted on all other occasions when addresses are presented to the Sovereign, in accordance with the precedent of the address on the war with Russia of session 1854.^ Sometimes addresses are agreed to upon the report oi Addresses committees of the whole house, not only in relation to money, p. matters involving public expenditure, but concerning other ^^^' public affairs.^ Addresses, or resolutions for addresses, are ordered to be presented by the whole house ; '' by the lords with white staves, or privy councillors ; ^ and, in some peculiar cases, by members specially nominated.'' Their sub- The Subjects upon which addresses are presented are too ^^'^ ^' varied to admit of enumeration. They have comprised every « 85 C. J. 652 ; 112 ib. 423 ; 114 ib. = Address on the war with Bnasia, 373 ; 137 ib. 94, &o. A joint address 31st March, 1854, 109 ib. 169 ; 132 having been agreed to, 2ad Sept. H. D. 3 a. 807. 1880, when the Queen was at Bal- ° State of the nation, 22nd Dec. moral, her Majesty dispensed with 1783, 39 C. J. 848. 855 ; defence of its formal presentation, see Lords' the kingdom, 20th June, 1803, 58 lb. Minutes, p. 906. 528, &o. 2 1 0. J. 877. ' 92 ib. 492 ; 113 ib. 31. ' 2 ib. 462. » 92 L. J. 19. * 23rd Dec. 1708, 16 ib. 54. » 10 0. J. 295 ; 67 ib. 391, ADDRESSES. 429 Chapter matter of foreign ^ or domestic policy ; ^ the administration of - justice ; ^ the confidence of Parliament in the ministers of the Crown;* the expression of congratulation or condolence (which are agreed to nem. con.) ; ^ and, in short, representations upon all points connected with the government and welfare of the country. But they ought not to be presented in relation to any bill depending in either house of Parliament.® When a joint address is to be presented by both houses, Mode of the lord chancellor and the House of Lords, and the Speaker Pi'«s<'»'"ig- and the House of Commons, proceed in state to the palace at the time appointed. The Speaker's state coach and the carriages of the members of the House of Commons, are entitled, by privilege or custom, to approach the palace through the central Mall in St. James's Park, On reaching the palace, the two houses assemble in a jojnt ad- chamber adjoining the throne rooni, and when her Majesty "^^^s^^- is prepared to receive them, the doors are thrown open, and the lord chancellor and the Speaker ' advance side by side, followed by the members of the two houses respectively, and ■ 78 C. J. 278 ; 82 ib. 118 ; 88 ib. Consort, and on the death of Prince 471 ; assassination of President Lin- Albert Victor, in tlie address in an- coln, 1865, 120 ib. 229. swer to the royal speech, 117 ib. 7 ; 2 Kemoval of a judge, 89 ib. 235 ; 147 ib. 10. The death of William, appointment of a royal commission German emperor, was announced to with power to examine witnesses on the house, 9th March, 1888, by the oath, 143 ib. 46. first lord of the treasury, 328 H. T>. ' 85 ib. 472. 3 s. 706. Mr. Speaker read to the house, ' 7 ib. 325. 10th April, 1888, a communication = 105 ib. 508 ; 108 ib. 371 ; 113 ib. that he had received through the 31 ; 123 ib. 142. Death of Grand secretary of state for foreign affairs. Duchess of Hesse (Princess Alice), from the chancellor of the German 16th Dec. 1878. Assassination of the empire, that the Imperial German Emperor of Russia, 15th March, 1881. Parliament had unanimously resolved "When this address was answered, a that the veneration for their deceased letter from the Russian ambassador monarch, and participation in the to Earl Granville was communicated, grief of the German people expressed by her Majesty's command, forward- by the House of Commons, had called ing a telegraphic message from the forth the deepest sympathy and grati- Emperor of Russia, in acknowledg- tude throughout Germany, 143 ib. ment of the address, 136 0. J. 141. 142. See also p. 853. Death of the Duke of Albany, 139 ib. " 12 L. J. 72. 81. 88 ; 8 C. J. 670 ; 149. Death of Frederick 'William, 1 Grey's Deb. 5. German emperor, 143 ib. 293. The ' The Speaker is always on the left sympathy of the house was ex- hand of the chancellor, pressed on the death of the Prince 430 ADDKESSES. are conducted towards the throne by the lord chamberlain. Chapter XVIII, The lord chancellor reads the address, and presents it to — L her Majesty, on his knee, to which her Majesty returns an answer, and both houses retire from the royal presence. Separate When addresses are presented separately, by either house, the forms observed are similar to those already described, except that addresses of the Commons are then read by their Speaker. In presenting the address, the mover of the address in the Lords is on the right hand of the chancellor, and the seconder on his left : while the mover and seconder of the addi-ess, in the Commons, are on the left hand of the Speaker, When the lord chancellor or Speaker has read the address, he presents it to her Majesty, kneeling upon Dress of one knee. The lords attend her Majesty in levee dress: members, but the members of the House of Commons can assert their privilege of freedom of access to the throne, by accompany- ing the Speaker in their ordinary attire.^ Answers to When addresscs have been presented by the whole house, £1 did 1*6 S S6 s the lord chancellor in one house, and the Speaker in the other, report the answer of her Majesty ; but when they have been presented in the ordinary way, the answer is reported generally, in the Lords, by the lord chamberlain, in levee dress, with his white staff; and in the Commons, by one of the royal household, who appears at the bar, in uniform, and, on being called by the Speaker, reads her Majesty's answer.^ Resolutions Another mode of communication with the Crown, less caS™"°'' direct and formal than an address, has been occasionally adopted; when resolutions of the house, and resolutions and evidence taken before a committee, have been orderjed to be laid before the sovereign. In such cases the resolu- tions have been presented in the same manner as addresses, and answers have sometimes been returned.* ' They are not permitted to enter ceive her Majesty's answer, 17th Dec. the royal presence with sticks or 1878, 108 C. J. 438. umbrellas, see 2 Hatsell, 390, n. ; 3 = 37 ib. 330; 39 lb. 884; 40 ib. Lord Colchester's Diary, 604-607. 1157 ; 60 ib. 206 ; 67 ib. 462 ; 78 ib. " On this occasion the proceedings 316, &c. ; 90 ib. 534 ; 39 ib. 885 ; 60 of the house were interrupted to re- ib. 211, MESSAGES TO THE EOTAL FAMILY. 431 Chapter It is to the reigning sovereign, or regent, alone that Messages to '— addresses are presented by Parliament : but messages are \^^lij^ frequently sent by both houses to members of the royal family, to congratulate them upon their nuptials, or other auspicious events ; ^ or to condole with them on family bereavements.^ Eesolutions have also been ordered to be laid before members of the royal family. Certain members are always nominated by the house to attend those illus- trious personages with the messages or resolutions ; one of whom afterwards acquaints the house (in the Lords, in his place, or at the table ; and, in the Commons, at the bar) with the answers which were returned.^ Communications are also made to both houses by members Communi- of the royal family, which are either delivered by members fj^oJ^"^]^^ in their places,* or are conveyed to the house by letters ^'"7^^ addressed to the Speaker.^ Such being the direct and formal communications between Eespon- the Crown and Parliament, it may be added that the presence teis^™b"t^i^ of ministers, in both houses, maintains the closest relations ^°^^^^- of the Crown with the legislature. The representation of every department of the state by members of Parliament, and the principles of ministerial responsibility, long since established in our constitution, bring the executive govern- ment and the legislature into uninterrupted intercourse, and combined action. Where no formal communication, between the Crown and Parliament, is technically required, the introduction of a measure by her Majesty's ministers, attests the royal approval ; and when amendments are made, by either house, which ministers accept instead of abandoning the measure, or resigning office, they are under an obligation to advise the Queen to signify her royal » 72 L. J. 53 ; 73 0. J. 424 ; 95 ib. Duchess of Albany, 1884, 139 C. J. 88 ; 40 L. J. 584 ; 74 ib. 6 ; also p. 149 ; to the German empress, 143 ib. 853. 293. " 53 L. J. 367 ; 75 C. J. 480 ; 92 ib. = 53 L. J. 369 ; 72 ib. 53 ; 95 C. J. 493 (the Queen Dowager); 105 ib. 95; 105 ib. 539; 52 H. D. 3 s. 343; 508. To the Duchess of Edinburgh, ib. 18th July, 1850. on the assassination of the Emperor * 58 C. J. 211 ; 75 ib. 288. of Russia, by both houses, 15th March, = 64 ib. 86 ; 68 ib. 253 ; 69 ib. 324. 1881, 259 H. D. 3 s. 1066. To the 433. 432 RELATIONS BETWEEN CROWN AND LEGISLATURE. assent to the bill, when it has been agreed to by both Chapter houses. Again, when the measures or policy of ministers L are condemned by Parliament, a change of administration restores agreement between the executive and the legisla- ture. Ministers are responsible alike to the Crown and to Parliament, and so long as they are able to retain the con- fidence of both, the harmonious action of the several estates of the realm is secured.^ ' For further illustrations of the 231, et seq. ; Bagehot on the English constitutional relations of ministers Constitution ; Mr. Gladstone's " Kin with Parliament, see 4 Maoaulay, Beyond Sea," in North American Hist. 430, et seq. ; May, Const. Hist. Review, Sept. 1878 ; Gleauings of chap. 7 ; 2 Todd, Pari. Government, Past Years, vol. i. PUBLIC BILLS. 433 Chapter CHAPTEE XIX. XIX. TaUeof PBOCEEDINQS OF PAELIAMENT IN PASSING PUBLIC BILLS. Contents, see p. xxxi, . „ „ , . , . If bills were not a more conTenient form of legislation, General both houses might enact laws in the form of resolutions, yn, provided the royal assent were afterwards given. In the Ancient earlier periods of the constitution of Parliament, all bills ^"aotino- were, in fact, prepared and agreed to in the form of peti- '*^^- tions from the Commons, which were entered on the Eolls of Parliament, with the king's answer subjoined; and at the end of each Parliament the judges drew up these im- perfect records into the form of a statute, which was entered on the Statute EoUs.^ This practice was incom- patible with the full concurrence of the legislature ; and matters were often found in the Statute Eolls which the Parliament had not petitioned for, or assented to. Indeed, so far was this principle of independent legislation occa- sionally carried, that, in the 13th and 21st Eichard II., commissions were appointed for the express purpose of completing the legislative measures, which had not been determined during the sitting of Parliament.^ These usur- pations of legislative power were met with remonstrances in particular instances,^ and at length in the 2nd Henry V., the Commons prayed that no additions or diminutions should in future be made, nor alteration of terms which should change the true intent of their petitions, without their assent; for they stated that they had ever been "as well assenters as petitioners." The king, in reply, granted " that henceforth nothing should be enacted to the petitions of the Commons contrary to their asking, whereby they » Kot. Pari, passim. Ko. XXX.) ; 3 ib. 418 (1st Henry ' 3 ib. 256 (IStb Eichard II.) ; ib. IV.) ; Hale, Hiat. of the Common 368 (21st Eichard II.); stat. 21st Law, 14; Eeeves, Hist, of the English Eichard II. o. 16. Law ; Pref. to Cotton's Abridgment ; = 3 Eot. Pari. 102 (5th Eichard II. Euffhead's Statutes, Preface. No. 23) ; 3 ib. 141 (6th Eichard II. P. 2 F 434 PUBLIC BILLS. * should be bound without their assent ; saving always to our Chapter liege lord his real prerogative to grant and deny what him L. lust, of their petitions and askings aforesaid." ^ No distinct consequences appear to have immediately followed this remarkable petition ; and, so long as laws were enacted in the form of petitions, to any portion of which the king might give or withhold his assent, and attach conditions or qualifications of his own, the assent of the entire Parliament was rather constructive than literal ; and the Statute EoUs, however impartially drawn up, were imperfect records of the legislative determinations of Parliament. Origin of But petitions from the Commons, which were originally ^stem. the foundation of all laws, were ultimately superseded ; and in the reign of Henry VI. bills began to be introduced, in either house, in the form of complete statutes, which were passed in a manner approaching that of modern times, and received the distinct assent of the king, in the form in which they had been agreed to by both houses of Parliament. It is true that Henry VI. and Edward IV. occasionally. added new provisions to statutes, without consulting Parliament ; ^ but the constitutional form of legislating by bill and statute, agreed to in Parliament, undoubtedly had its origin and its sanction in the reign of Henry VI. Similarity Before the present method of passing bills in Parliament I'd both'" is entered upon, it may be premised that the practice of houses. ^-j^Q Lords and Commons is so similar in regard to the several stages of bills, and the proceedings connected with them, that, except where variations are distinctly pointed out, a statement of the proceedings of one house is equally descrip- tive of the proceedings of the other. Where bills As a general rule, bills may originate in either house : For the originate. ^^^ ^^^ exclusive right of the House of Commons to grant f^^^ ™' supplies, and to impose and appropriate all charges upon *\^T^\^ the people, renders it necessary to introduce by far the v-pon the greater proportion of bills into that house. ^"hii. A bill which concerns the privileges or proceedings of 1 4 Eot. Pari. 22, No. X. Cotton's Abridgment, Preface. 2 Kuffhead's Statutes, Preface ; PUBLIC BILLS. 435 Chapter either house, should, in courtesy, commence in that house to which it relates.^ But bills affecting privileges of the other house have, nevertheless, been admitted without objection.^ Amendments, however, concerning the privi- leges and jurisdiction of the Lords, have given rise to dis- cussions in both houses.^ The Lords claim that bills for the restitution of honours Restitution and in blood should commence with them ; and such bills '"''^" are presented to that house by her Majesty's command.* The customary practice adopted by the House of Commons in dealing with a restitution bill, is, on the receipt of the bill from the Lords, to read the bill a first and second time, and to commit the bill to a select committee, nominated forthwith, without previous notice of the names of the com- mittee, the Queen's consent having been signified before the first reading.^ On the report of the bill from the select committee, the bill is appointed for third reading upon a future day." Bills of attainder, and of pains and penalties. Attainder generally originate in the House of Lords, being of a judicial character. A bill for a general pardon, or act of grace, as it is com- Act of grace or ' 3 Hatsell, 69 ; 2 Stephen's Black- ' See debate in the Lords on the gs"«ral stone, 372. Court of Chancery Improvement Bill - ^ Votes by Proxy Abolition Bill, (then in" the Commons), 23rd June, 1832; 11 H. D. 3 s. 1156; Election 1851, 117 H. D. 3 s. 1069; and de- ■of Scotch Eepresentative Peers Bill, bates in Lords and Commons in 1873 1869, 194 ib. 988 ; Members' Seats on amendments proposed to be made Vacating Bill (Lords), 8th June, in the Commons to the Judicature 1832, 64 L. J. 286. Lord Radnor Bill, by which appeals from the thought the other house " might take courts of Scotland and Ireland were a technical objection to the measure, to be withdrawn from the Hoiise of on the ground that it was one which Lords, 217 ib. 10. 154. ought not to have arisen in the ' Maxwell's Restitution Bill, 1848 ; House of Lords." Lord Northampton Drummond's Restitution Bill, 1853; did not think " the subject was one Lord Lovat's Restitution Bill, 1854 ; with which their lordships had a Carnegie's Restitution Bill, 1855. right to interfere," 13 H. D. 3 s. 611. •' Drummond's Restitution Bill. 1086. Bishops in Parliament Bills, The signification of the Queen's cou- 1834, 1836, and 1837. The Irish sent being omitted, the proceedings bishops were excluded from their were declared null and void, 108 C.J. seats in the House of Lords, in 1869, 576. 578. by a bill brought from the Commons. " Earl of Mar's Restitution Bill, Lords' Spiritual BiU, 1870, 125 C. J. 1885, 140 ib. 374. 381. 269. 436 INTRODUCTION OF BILLS. monly termed, originates with the Crown, and is read once Chapter only in each house, all the members being' uncovered, after '— which it receives the royal assent in the ordinary form. Such a bill cannot be amended by either house of Parlia- ment, but must be accepted in the form in which it is received from the Crown, or rejected.^ An act of indemnity, protecting persons against the consequences of any breach of the law, is proceeded with as an ordinary bill, though, mispassed being usually an urgent matter, the bill is passed through '^itiun'^itl all its stages at one sitting.^ P- *^'^- Public and Bills are divided into the two classes, of public and private Ml™ ° bills. The former, relating to matters of public policy, are introduced directly by members of the house,' while the latter are founded upon the petitions of parties interested. The greater part of these proceedings apply equally to both Procedure classes of bills : but the progress of private bills is governed uih^sea p. by so many peculiar regulations and standing orders, in ^^*' both houses, that an entire separation of the two classes can alone make the progress of either intelligible. Public bills In the House of Lords, any peer is at liberty to present a fn the'^ bill, and to have it laid upon the table, without notice : ^ Lords. ijut JQ ti-ie Commons, a member must, due notice having the Com- been given, move for leave to bring in a bill. In making Motions for "■""'■ this motion, he may explain the object of the bill, and give fe™^™'* Oil] COTfii' reasons for its introduction ; but unless the motion be op- menoemmt posed, this is not the proper time for any lengthened debate tasi„«ss,sce upon its merits. When an important measure is offered by P' ^**' a minister or other member, this opportunity is frequently taken for a full exposition of its character and objects : but otherwise, debate should be avoided at this stage, unless it be expected that the motion will be negatived, and that no • 14 L.J. 502. 503 (1690); 25 C.J. demnity Bill, 1866; Lord Byron's 406 (1747); 4 Burnet's Own Time, Indemnity Bill, 1880, 135 ib. 306; 121 ; 3 Macaulay's Hist. 575. 254 H. D. 3 o. 646 ; 96 0. J. 542 ; 2 Earl of WiuoMlaea's Indemnity 121 ib. 239 ; 135 ib. 871 (Lord Bill, 5th June, 1820, 75 C. J. 275. Plunket), 1880 ; 254 H. D. 3 s. 646. 276 ; Lord Harborough's Indemnity = 3 H. D. 24 ; 13 H. D. 3 s. 1188. Bill, 21st Aug. 1820, 75 ib. 478 ; By standing order, the name of the Earl of Scarborough's Indemnity lord presenting a bill is printed in Bill, 6th Sept. 1841 ; Forsyth's In- the minutes. INTRODUCTION OF BILLS. 437 fl^^er future occasion will arise for discussion.^ If tlie motion be Member agreed to, the bill is ordered to be prepared and brought in biint^u by the mover and seconder,^ and by such other members '""^■ as may be thought expedient.^ Members also have been nominated by the house to join with the members ordered to bring in a bill, either in substitution for, or in addition to, those included in the order of leave.* Debate on the merits of the bill is not allowed on such an occasion.^ Instructions may be given to these gentlemen to make such provision in the bill, as has been agreed to by the house on the reports Procedure from Committees of the whole house which relate to charges p. 592.' upon the people.* Amendments have been made or pro- posed to a question for leave to bring in a bill, either hostile to the motion,' or to effect the alteration thereof^ On tlie 20th February, 1852, the motion for leave to bring Title of a in a Militia bill, as proposed by Lord John Russell, was 440. ^" amended, on division. The ministers resigned, and a bill was afterwards brought in by the new administration, in conformity with the amended order.^ A bill has been ordered as an amendment to a question for a resolution of the house ; ^^ and on the 17th April, 1834, a bill to admit Dissenters to the Universities was ordered, as an amendment » The lengthened debate on this ' TheSpeaker decided, 1 Feb. 1893 question is of comparatively recent (private ruling), that the names of origin. Debate on the Protection of members ordered to bring in a bill Life and Property (Ireland) Bill con- should not exceed twelve in number, tinned over five sittings, 24:th Jan. to < 91 0. J. 613. 632; 113 ib. 92. 2ndFeb.l881,was closed by Speaker 262; 116 ib. 219. 226; 130 ib. 132. Brand (see p. 272, n. 2) ; Government 171. of Ireland Bill, 1886, four sittings, * 171 H. D. 3 s. 478. 521. 1893, four sittings; Criminal Law " 129 0. J. 114; 138 ib. 131; 140 and Procedure (Ireland) Bill, 1887, ib. 363 ; 145 ib. 260. five sittings, and four sittings on the ' Church Bates, 1853, 108 ib. 516 ; motion to give precedence to proce- County Franchise, 1861, 116 ib. 65; dure on the bill. Protection of Person, &c. (Ireland), ^ This order is ordinarily formal; 1881, 136 ib. 49. An amendment to but, 20th Feb. 1852, Lord Palmer- postpone procedure on the motion to .Eton having carried an amendment that day six months is out of order, to the motion for leave to bring in 151 H. D. 3 s. 1242. Xord J. Eussell's Militia Bill, dis- « 70 C. J. 62 ; 71 ib. 430. cussion arose upon the question, by ° 107 ib. 68. 131. whom the bill should be brought in, " 81 ib. 61. 119 H. D. 3 s. 876. 438 INTEODTJCTION OF BILLS. to a question for an address to the Crown for that purpose.^ Chapter In 1869, a bill for the Disfranchisement of Freemen in the L. City of Dublin was ordered as an amendment to a question for the issue of a new writ.^ Prelimi- In various cases, proceedings preparatory to the bringing in of bills, first occupy the attention of the house. Some- times resolutions have been agreed to by the house, and bills immediately ordered, as in the cases of the Liverpool Elections Bill * in 1831 : at other times, resolutions of the house in a former session have been read, and bills ordered thereupon.* On the 5th March, 1811, resolutions of a former session, relating to the slave trade, were read, and a bill ordered nem. con? In 1833, the introduction of the bill for the abolition of slavery was preceded by several resolutions.^ The Kegency Bills of 1789 and 1811 were founded upon resolutions which had been reported from a committee of the whole house, communicated to the House of Lords, and agreed to, and afterwards presented by both houses to the Prince of Wales and the Queen 7 On other special occasions, resolutions agreed to by both houses, at a conference, have preceded the introduction of a bill.^ It has not been un- common, also, to read parts of speeches from the throne. Queen's messages. Acts of Parliament, entries in the Journal, reports of committees, or other documents in possession of the house, as grounds for legislation, before the motion is made for leave to bring in a bill.^ On the 30th April, 1868, a question, that the oath taken by Eoman Catholic members previous to the alteration of their oath in 1866, be read by the Clerk at the table, was negatived.^" Bills origi- The most frequent preliminary to the introduction of committee. ^^^ ^^ ^^^ report of resolutions from a committee of the ' 22 H. D. 3 s. 900 ; 89 C. J. 191. ' Slave Trade, 1806; 61 C. J. 393, = 124 C. J. 256. 401. ' 86ib. 821. » 82 ib. 442; 91 ib. 639; 95 ib. * 62 ib. 588 ; 75 ib. 65 ; 82 ib. 442. 470 ; 107 ib. 186 ; Established Church « 66 ib. 148. (Ireland), 30th March, 1868, 123 ib. " 88ib. 482. 113; Royal Titles Bill, 1876; 131 ' 27 Hans. Pari. Hist. 1122 ; 18 ib. 47. H. D. 1 s. 478, &c. ; 1 May, Const. " 123 ib. 148 ; 191 H. D. 3 s. Hist. 180, e<«eg. (7th edit.). 1582. INTEODUCTION OF BILLS. 439 c^*^*'^ whole house, in conformity with the standing orders regard- ing charges upon the people.^ The chairman is sometimes duction of directed by the committee to move the house for leave to bills creat- bring in a bill or bills : and sometimes the resolutions are charge, see simply reported, and after being agreed to by the house, a bills creat- bill is Ordered thereupon ; or upon some only ; ^ or a bill ^charge7,sei ^V^^ some of the resolutions, and other bills upon other ?:,?®?' ?/ resolutions.* Sometimes several resolutions have been re- bills far the reduction ported, and agreed to, and another resolution directing the see p. 540.' chairman to move for a bill pursuant to the said resolutions, has been reported separately, on which the chairman imme- diately proceeded to move for a bill.* These resolutions have also been again read and a second bill ordered thereon (see p. 593). In other cases, it has been deemed advisable, for par- other bills ticular reasons, to initiate legislation by preliminary discus- ""fom-'"^ sion in committee, as in 1856, on the subject of education,^ mittee. and in 1858, on the government of India.^ Again, in 1867, it was proposed to found the Representation of the People Bill upon resolutions to be previously discussed in com- mittee : but ultimately the bill was brought in without any preliminary proceedings.'' As the house may refer any matters whatever to the consideration of a committee, this course is not inconsistent with any parliamentary principle : but it is open to these objections, — that it involves a double discussion of the same questions in committee, and that it reverses the accustomed order of proceeding, by giving pre- cedence to the consideration of the details of a measure, instead of to the principle. When a bill stands for a second reading, it is out of order to propose resolutions in a com- ' The standing orders which re- 21st March, 1861, 162 H. D. 3 s. 201. quired that bills relating to religion * 81 C. J. 44 ; 123 ib. 160. 176 ; and trade should originate in a com- 144 ib. 115. 385 ; 145 ib. 198. 263. mittee of the whole house were re- = gg jb. 471 ; 103 ib. 981 ; Blaok- peafed, 29th Feb. 1888, 143 0. J. 75. water Bridge, 1873, 128 ib. 249. The resolution of session 1771, which * 113 ib. 285. required that legislation for the in- = 111 ib. 87. fliction of capital punishment should = 149 H. D. 3 s. 853. 1654 ; 113 originate in committee, 33 ib. 417, 0. J. 135. 235. is obsolete ; see chairman's ruling, ' 185 ib. 214. 1203. 440 INTRODUCTION OF BILLS. mittee, having tlie same legislative objects, until the order ^^*^*' for the second reading of the bill is discharged.^ Preparing In preparing bills, care must be taken that they do not contain provisions which are not authorized by the order of leave, that the prefatory paragraph prefixed to a bill which Effect of defines the object thereof, known as the title of a bill, ^dun,^°i corresponds with the order of leave,^ and that the bill itself P' ^^^' is prepared pursuant to the order of leave,* and in proper mu form ; for, if it should appear that these rules have not been "^ ^^g observed, the house will order it to be withdrawn.* 473. Such objections, however, should be taken before the second reading ; for it is not the practice to order bills to be withdrawn, after they are committed,® on account of any irregularity which can be cured while the bill is in Blanks and Committee,^ or on recommitment. Amounts of salaries, For cm- "*""'■ tolls, rates, or other charges, and dates, formerly left in ZdZ'^' blank, are printed in italics. Wanis, see Bills pre- A bill may be presented during the same sitting as that in which it is ordered, or at a subsequent sitting, whilst the house is not engaged in the transaction of business. It is presented by one of the members who were ordered to pre- pare and bring it in.'' The member who has obtained leave for a bill, should take the draft to the Public Bill Office for inspection, and transmission to the printer, where he will receive the form for the presentation of the bill to the house. To do so, in pursuance of the order, 10th December, 1692,8 j^e gQgg fi-Qm j^jg place to the bar of the house. The Speaker thereupon calls upon him by name : he answers, ' 149 H. D. 3 s. 1595. ' Objection being taken after re- 2 102 C. J. 832 ; 103 ib. 522. port, and recommitment of the In- ^ Poor Removal (Ireland) Bill, 25tli come Tax and Inhabited House April, 1888 ; 138 ib. 161. Speaker's Duties Bill, 1871, that the bill com- rnling. Registration of Electors Bill, prised provisions beyond the order of 23rd March, 1893. leave, and that the second reading « 80 ib. 329; 82 ib. 825; 48 ib. had been agreed to under a mis- 261 ; 92 ib. 254. A clause relating apprehension of its contents, the bill to the qualification of members was withdrawn, 9th and 11th May, having been embodied in a bill for 1871 ; 206 H. D. 3 s. 631. regulating expenses at elections, the ^ 71 ib. 403. bill was consequently withdrawn by ' 33 0. J. 255. order, 90 ib. 411. * 10 ib. 740. FIRST READING OF BILLS. 441 Chapter " a bill, sir ; " and the Speaker desires him to " bring it '. — up ; " upon which he carries the bill to the table, and delivers it to the Clerk of the house, who reads the short title aloud ; when the bill is said to have been " received by the house." ^ After a bill has been received in either house, First read- a question is put, " That the bill be now read the first p'riutLg. time," which is rarely opposed, either in the Lords or Commons ; ^ and in the Commons can only be opposed by a division, as, under standing order No. 31, " when a bill is s. 0. 3i, presented, or is brought from the Lords, the questions, ' that p.^829."^' the bill be now read a first time ; ' and ' that the bill be printed,' shall be decided without amendment or debate." Bills sent from the House of Lords to the Commons are read the first time, and a day is fixed for the second read- ing, upon motion made without notice either before the commencement or after the close of public business (see Formal P- 235). This motion is one of those formal motions for OTe'p"2lo *^® transaction of business which, by usage, are not opposed, and are made, without objection, during the time of unop- posed business. Opposition to the first reading of a Lords' bill is regulated by standing order No. 31. It is to be observed that when the question for the first reading of a bill is negatived, the house merely determines that the bill shall not now be read ; and the question may therefore be repeated on a future day.^ It was formerly the practice for the Clerk, on the first How bills reading, to read to the house, first, the title, and then the ''^^ '^*'^' bill itself; after which the Speaker read the title, and opened to the house the effect and substance of the bill, either from memory or by reading his breviate, which was filed to the bill ; * and sometimes he even read the bill itself.^ According to present usage, when the Clerk at the table has read the title of a bill placed upon the notice paper of the house among the orders of the day, the order of the ' See 1 C. J. 223. was twice negatived, 107 ib. 174. 201 ; 2 Lords' standing order No. 37; Notices, 7tli May, 1852 (p. 396). 88 C. J. 614; 136 ib. 100. (Bill read ' 1 C. J. 380. 456. a first time on division.) * Order and Course of Passing Bills ' The County Elections Bill, 1852, in Parliament, 4to. 1641 ; 1 C. J. 298. 442 FIRST READING OP BILLS. house that a bill be read has been complied with: and Chapter XLS. attempts to obtain that a bill should be read to the house , '. — clause by clause, have been oyerruled by the Speaker.^ The practice of afiSxing a breviate or brief to every bill, pre- vailed during the greater part of the seventeenth century ; ^ and at present a member bringing in a bill may prepare a memorandum explanatory of the contents and objects of the bill, but containing nothing of an argumentative character, which, when revised in the Public Bill Office, will be printed and circulated with the bill.^ Second When the bill has been read a first time, the question point°d.*^' Jisxt put in the Commons is, " That the bill be read a second time." The second reading, however, is not usually BiiUpassed taken at that time, and a future day is named, on which ™^,y«^^" the bill is ordered to be read a second time.* The bill is ^^^ P- ^^''■ then ordered to be printed, in order that its contents may be published and distributed to every member before the second reading.® Unreasonable delay ought not to be allowed in the printing of a bill after its introduction;® though the fact that the bill remains unprinted does not justify a motion that the order for the second reading be read and discharged.'' If a bill has not been printed when it is called on for second reading, the postponement of the bill is the usual course ; though, as no rule forbids the second reading of an unprinted bill, a member is in order in moving its second reading; and it is for the house to de- termine whether, under the circumstances, the bill should be read a second time.^ In the Lords, the questions for the printing and second reading of a bill on a f ature day are 1 178 H. D. 3 s. 181 ; 192 ib. 322. bills, are not circulated, but are ob- ^ 6 C. J. 570. tainable by members, 118 ib. 134; " Mr. Speaker's order, March, resolution 24th March, 1863, 118 C. 1882, 260 H. D. 3 s. 423 \ 289 ib. J. 134 ; see also p. 560. 1513. " Speaker's ruling, 22nd May, « An amendment, proposing to add 1873, 216 H. D. 3 b. 276; 235 ib. " upon this day six months " to this 1429 ; 240 ib. 859. question, is out of order, 279 ib. ' 279 H. D. 879. 519. • 239 H. D. 3 s. 609 ; 256 ib. 776 ; » Copies of indemnity bills, and of 277 ib. 510 ; 289 ib. 1834 ; 9th March, Consolidated Fund and appropriation 1892, 2 Pari. Deb. 4 s. 376. 385. HYBRID BILLS. 443 Chapter rarely put: but are entered in the minutes, upon an in- timation from the peer who has charge of the bill. After a bill has been presented, and read a iirst time, it Alterations is not regular to make any other than clerical alterations "^ ^ ' ■ in it.i On the 28th March, 1873, notice being taken that Procedure the University Tests (Dublin) Bill had been materially withdrawn altered since the first reading, the Speaker ruled that, after see p. 444. ^t^q gjg^ reading, a bill was no longer the property of the member himself, but passed into the possession of the house. The order for the second reading was accordingly dis- charged, and the bill withdrawn.^ Debate'on There Is no rule or custom which restrains the introduc- Bills le- latingto t'on of two or more bills relating to the same subject, and the°fme Srsee containing similar provisions.^ -Meet, p. 445. If it appears, after the' first reading, that a public bill Procedure affects private rights, notice of this circumstance is sent mi* ^ " from the Public Bill Office to the member in charge of the S. 0.200A, bill ; and the examiners of petitions for private bills are Bills™ ^ ordered to examine the bill with respect to compliance with the standing orders relative to private bills : but the refer- ence to the examiners does not affect the order for the second reading of the bill, which remains upon the notice paper, though the second reading cannot be moved until the examiners have reported on the bill.* If the examiners report that the standing orders have been complied with, or the select committee on standing orders report that the bill may be proceeded with, the bill Procedure ^^ ^^^^ ^ sccond time, and committed to a select committee, mittee'on ^^ominated partly by the house and partly by the com- hybrid mittce of selection ; ^ and the committee may be empowered bills, see p. , . . . 719. to near suitors, their agents, and counsel, for and against the bill ; and the bill, when reported from the select com- mittee, is recommitted to a committee of the whole house, and is subsequently treated as a public bill. » 108 H. D. 3 s. 969. * 306 ib. 425. ' 215 ib. 303. 305. " Eegarding motions to discharge ' 268 ib. 1656 ; 278 ib. 93. Borough these members from attendance, see Franchise (Ireland) Bill, 1883 ; Cri- pp. 382. 383. minal Law Bills, 1883, &o. 444 BILLS WITHDRAWN. If the examiner of petitions for private bills reports tbat Chapter the standing orders applicable to the bill have not been L- complied with, and the select committee on standing orders report that such non-compliance ought not to be dispensed with, the order of the day for the second reading of the bill is read and discharged, and the bill is withdrawn. Public bills which aflfect private rights, thus combining the characteristics of a public and a private bill, are termed in practice "hybrid bills," and are subject, as also are petitioners against the bill, to the payment of fees in respect of a private bill. Bills with- It may become necessary, before the second reading of a other bills l^iUj to make considerable changes in its provisions, which presen e . ^^^ ^^^y \,q accomplished, at this stage, by discharging the order for the second reading, and withdrawing the bill. If a change of title be necessary, the practice is to order the bill to be withdrawn, and to move subsequently for leave to bring in another bill : but where the bill is withdrawn, for the purpose of making numerous amendments, without any change of title, a simpler form of proceeding is adopted. Upon the withdrawal of the first bill, a motion is made forthwith that leave be given " to present another bill in- stead thereof." ^ Debate on the merits of a bill is not per- mitted on a motion for its withdrawal, and must be germane to the motion.^ A bill has been withdrawn, and another bill ordered, after reading the resolution upon which the first bill was founded.^ Second By a standing order of the House of Lords, No. 37, the name of the lord who moves the second reading of any public bill is entered on the journals ; and the name of the lord presenting a public bill, and of the lord who gives notice to the clerk assistant that he intends to move the ' 69 0. J. 369 ; FiBheries (Ireland) » 131 C. J. 128. By old parlia- Bill, 1853, 248 H. D. 3 s. 1119 ; 108 mentaiy rule, a bill brought from the O.J. 612; 143 ib. 94; 144 ib. 407; other bouse should not be -withdra-wn. Forged Transfers Bill, 146 ib. This rule is still observed in the 266. Lords ; not so of late years in the 2 226 H. D. 3 s. 860 ; 337 ib. 1167 ; Commons. 339 ib. 1493. reading. SECOND BEADING OF BILLS. 445 Orders of the day read, see p. 247. Chapter second reading of a public bill brought up from the Oom- '-^ mons are printed in the minutes of proceedings.^ The day having been appointed for the second reading, Second the bill stands upon the notice paper, amongst the other moredf orders of the day, and is called on in its proper turn, when that day arrives. The second reading is the most important stage through which the bill is required to pass; for its whole principle is then at issue, and is affirmed or denied by a vote of the house ; ^ though it is not regular on this occasion to discuss, in detail, its several clauses,^ and this principle has been enforced on other stages of a bill.* The No secmder memher who has charge of the bill moves, "That the bill 8ee"p!^^263. ^® ^0^ vead a second time ; " and takes this opportunity of enforcing its merits. Debate on the stages of a bill should be confined thereto, and should not be extended to a criticism of the provisions of other bills then before the house re- lating to the same subject : but the Speaker remarked, when called upon to enforce this rule, that on many such occa- sions some licence was conceded to honourable members who addressed the house ; ^ and the rule is occasionally re- laxed (see p. 300). The opponents of the bill may vote against the question that the bill " be now read a second time : " ^ but this course is rarely adopted, because it still ' A question arose whether the motion for the second reading of the Medical Eelief Disqualification Ke- moval Bill should stand in the name of the Earl of Miltown or of the Earl Granville ; and on motion, it was agreed that the Earl of Miltown should have precedence, 27th July, 1885, 300 H. D. 3 s. 27; 117 L. J. 414. ' Instances of protracted debate on the second reading of bills: 1851, Ecclesiastical Titles Assumption Bill, seven sittings ; 1881, Land Law (Ireland) Bill, eight sittings ; 1884, Kepresentation of the People Bill, six sittings; 1886, Government of Ireland Bill, twelve sittings; 1887, Criminal Law (Amendment) Ireland Bill, seven sittings; 1888, Local Government (England and Wales) Bill, six sittings; 1890, Purchase of Land and Congested Districts (Ireland) Bill, five sittings; 1893, Government of Ireland Bill, twelve sittings. = 233 H. D. 3 s. 33 ; 237 ib. 1593 ; see also debate on an Expiring Laws Continuance Bill, 321 ib. 38. * 223 ib. 35 ; 224 ib. 1297 ; 225 ib. 684. 1683; 232 ib. 1196 ; 236 ib. 396. " 19th June, 1861, 163 ib. 1300. " 97 C. J. 354; 99 ib. 486; Church Eates Eedemption Bill, 6th May, 1863; Judgments Law Amendment Bill, 13th May, 1863; 118 ib. 206. 221. 222. In former times, when the question for now reading a bill a second time has been negatived, it has been followed by an order for 446 SECOND READING OF BILLS. remains to be decided on what other day it shall be read a chapter second time, or whether it shall be read at all ; and the bill, , '. — therefore, is still before the house, and may afterwards be Amend- proceeded with.^ The ordinary practice is to move an Eestrictim question amendment to the question, by leaving out the word "now," ^^ts to r^Xr* and adding "three months," "six months," or any other ^^f^™^ term beyond the probable duration of the session. The *A« ^y> see p. 280. postponement of a bill, in this manner, is regarded as the most courteous method of dismissing the bill from further consideration, as the house has already ordered that the bill shall be read a second time ; and the amendment, in- stead -of reversing that order, merely appoints a more distant day for the second reading. The acceptance by tlie house of such an amendment being tantamount to the rejection of the bill, if the session extends beyond the period of post- ponement, a bill which has been ordered to be read a second time upon that day " three months," is not replaaed upon the notice paper of the house.^ The same form of amend- ment is adopted when it is desired to postpone the second reading for any shorter time. Amend- It is also competent to a member who desires to place on Se form of rccord any special reasons for not agreeing to the second resolutions, j-gading of a bill, to move, as an amendment to the question, a resolution declaratory of some principle adverse to, or differing from, the principles, policy, or provisions of the bill ; ^ or expressing opinions as to any circumstances con- nected with its introduction, or prosecution ; * or otherwise reading the bill a second time that lb. 265 ; Bank Charter Bill, 1844, ib. day three or six months, 106 C. J. 396; Sugar Duties Bill, 1844, ib. 139; 107 ib. 267; 110 ib. 199. 421; Poor Law Amendment Bill, 1 Parliamentary Electors Bill, 102 1844, ib. 468 ; Lunatics Bill, 1845, ib. 822. 837. 872. 901; 322 H. D. 100 ib. 721; Representation of the 3 B. 1496; Church Bates Commu- People Bill, 1859, 114 ib. 125. In tation Bill, 118 0. J. 206. 222 ; this case, the Speaker stated that in Dublin, Wioklow, &o., Railway Bill the time of his predecessor, between (on consideration), 142 ib. 394. 402. forty and fifty such resolutions had ' Poor EemoYal (Ireland), No. 2 been moved as amendments to stages and Beer Adulteration bills, 1882, of bills, 153 H. D. 3 s. 1006 ; Army 137 ib. 206. 354. Discipline Bill, 1879, 134 0. J. 141 ; ' Corn Importation Bill, 1842, 97 Arrears of Bent (Ireland) Bill, 1882, ib. 113; Property Tax Bill, 1842, 137 ib. 220. 337; 142 ib. 162, &o. 37 ib. 321; Factories Bill, 1844, 99 ^ Inhabited House Duty Bill, 1851, SECOND BEADING OF BILLS. 447 Chapter opposed to its progress ; ^ or seeking further information in relation to the bill by committees,^ commissioners,^ the production of papers or other evidence,* or, in the Lords, the opinions of the judges.^ The principle of relevancy in an amendment (see p. 278) governs every such proposed resolution, which must, therefore, "strictly relate to the bill which the house, by its order, has resolved upon con- sidering,"® and must not include in its scope other bills then standing for consideration by the house. Nor may such an amendment deal with the provisions of the bill upon which it is moved, nor anticipate amendments thereto which may be moved in committee.'' When such a resolu- tion amounts to no more than a direct negation of the principle of the bill, it is an objectionable form of amend- ment : ^ but there are special cases for which it may be well adapted. On the 21st February, 1854, an amendment was made ta the question for reading the Manchester Educa- tion Bill a second time, that "education to be supported by public rates, is a subject which ought not, at the present time, to be dealt with by any private bill," which gave legitimate expression to the opinion of the house.^ Amend- Second naents, however, to the question for the second reading of reading of jQg q j ggj . Conspiracy to Murder ' 88 L. J. 543 ; 102 C. J. 865 ; 106 Ss,"see •'^'^'' ■^*^^' ^^^ '**■ ^^' ^^^^^ ■'^"'y ib. 382; 107 ib. 186; 137 ib. 77. p. 708. Eepeal Bill, third reading, 8th May, « Bank Charter Bill, 1833, 65 L. J. 1860, 115 ib. 229; Intoxicating 613. Liquor, &c. (Ireland) Bill, 145 ib. ' Report on Public and Private 214; Newfoundland Fisheries Bill, Business, 1837 (No. 517), p. 5; 143 28th May, 1891, 146 ib. 313. H. D. 3 s. 643 ; 269 ib. 961. • Australian Colonies Grovernment ' 192 ib. 1571. A resolution pro- Bill, 1850, 105 ib. 334; Govern- posed, 11th June, 1873, upon the ment of India Bill, 23rd June, 1853, second reading of the Eoads and 108 ib. 609; Kepresentation of the Bridges (Scotland) Bill, that the People Bill, 1866, 121 ib. 213 ; Ele- house declines to entertain any legis- mentary Education Bill, 1876, 131 lation involving the compulsory im- ib. 262 ; Valuation of Property Bill, position of local burthens, &c., was 1877,132 ib. 86; Customs and Inland held to affect other bills as well as Revenue Bill, 1878, 133 ib. 182, &c. that under consideration, and was " 82 L. J. 284 ; 83 ib. 201 ; 85 ib. therefore restricted to that bill only, 279 ; 88 ib. 337 ; 95 C. J. 476 ; 98 ib. 128 C. J. 270. 354. 398 ; 99 ib. 31 ; 104 ib. 384; 105 ^ Jewish Disabilities Bill, 1848, ib. 139 ; 110 ib. 238. 103 ib. 414. 5 95 ib. 469 (Amendment for an » 109 ib. 90. Address); 100 ib. 719. 448 SECOND BEADING OF BILLS. a private bill, wliich seek to substitute for that question Chapter a resolution declaring the opinion of the house on a matter L_ of public or general policy, are out of order.^ Effect of It must be borne in mind, however, that the resolution, solution, if agreed to, does not arrest the progress of the bill, the second reading of which may be moved on another occa- sion. The effect of such an amendment is merely to super- sede the question for now reading the bill a second time; and the bill is left in the same position as if the question for now reading the bill a second time had been simply negatived^ or superseded by the previous question. The house refuses, on that particular day, to read the bill a second time, and gives its reasons for such refusal : but the bill is not otherwise disposed of.* Such being the technical effect of a resolution, so carried, it need scarcely be said that its moral and political results vary according to the character and importance of the resolution itself, the sup- port it has received, and the means there may be of meeting it, in the further progress of the bill. Thus the amendment to the second reading of the Conspiracy to Murder Bill, in 1858, being also a vote of censure, was not only fatal to that measure, but caused the immediate fall of Lord Palmer- ston's ministry. Again, the amendment to the second reading of the Eeform Bill of 1859, was decisive as to that measure, and led to a dissolution. So, on the 22nd July, 1872, a resolution being carried, on the Thames Embank- ment (Land) Bill, that, having regard to the advanced period of the session and the pressure of more important business, it was not expedient to proceed further with the consideration of the bill, the bill was necessarily abandoned.* But where the resolution relates to a matter which is inci- dental to the legislation intended by the bill, such a reso- ' London and N. W. Eailway Bill, course would be to withdraw the bill 1891, 352 H. D. 1-3. and introduce another in harmony 2 244 H. D. 3 s. 1384. with the expressed opinion of the ' lu 1861, the second reading of house, 162 ib. 892. the Marriage Law Amendment Bill *.See also the case of the resolution- having been superseded by a resolu- moved on consideration of the East tion, the Spealier, on an appeal from Indian Eailways Bill, 1st July, 1879,, its mover, suggested that the best 134 C. J. 308. SECOND READING OF BILLS. 449 Chapter Xution does not arrest its progress, provided the principle ' affirmed can be considered at a further stage. Thus, on the 6th May, 1872, on going into committee upon the Education (Scotland) Bill, a resolution was carried, affirm- ing that instruction in the holy scriptures was an essential part of education, and ought to be provided for in the bill. Questions To give effect to this resolution, an amendment was moved offered, see i^ Committee; the amendment, was negatived; and thus ^' ' the resolution of the house was practically reversed, — a proceeding, however, in strict conformity with parlia- mentary usage. In the Lords, resolutions relating to a bill have been moved separately, before the order of the Orders day, and not by way of amendment,^ — a course which p. 247. would be incompatible with the rules of the House of Commons. Sometimes the previous question is moved on the second Previous reading of a bill (see p. 269) ; though the use of that form i""'*'""' is open to the same objection as a simple negative of the second reading, as the bill is not disposed of, but may be appointed to be read on another day. It may here be stated, that if, when the order of the day Bills is read at the table, no motion be made for the second ™^^* ' reading or other stage of a bill, or for its postponement, Eemmlof it becomes a dropped order, and does not appear again ti^seckd "P°^ *^® notice paper, unless another day be appointed for orders of its consideration. If a bill has been read a second time by tJw day, see . . -,•-,-, p. 250. mistake or inadvertence, the proceedmgs have been declared null and void, and another day has been appointed for the second reading.^ A motion that a bill be rejected, formerly not un- Bills common, is not consonant with established practice.^ In ''^J^"'^''- more ancient times, bills were treated with even greater ignominy. On the 23rd January, in the 5th Elizabeth, a bill was rejected and ordered to be torn ; so, also, on the 17th March, 1620, Sir Edward Coke moved " to have the ' Supreme Court of Judicature 1859, 114 C. J. 139 ; 153 H. D. 3 s. Bill (Lord Kedesdale), 2nd May, 816. 1873, 215 H. D. 3 s. 1396. = 37 C. J. 444 ; 80 ib. 425. ' Masters and Operatives Bill, P. 2 G ordered. 450 SECOND BEADING OF BILLS. bill torn in the house : " and it is entered that the bill was Chapter XIZ accordingly "rejected and torn, without one negative."^ L_ And even so late as the 3rd June, 1772, the Lords having amended a money clause in the Corn Bill, Governor Pownall moved that the bill be rejected, which motion being seconded, the Speaker said "that he would do his part of the business, and toss the bill over the table." The bill was rejected, and the Speaker, according to his promise, threw it over the table, "several members on both sides of the question kicking it as they went out." ^ Counsel The sccond reading is the stage at which counsel have been heard, when the house has been of opinion that a public bill was of so peculiar a character as to justify the hearing of parties whose interests, as distinct from the general interests of the country, were directly affected by it.^ It is a general principle of legislation, that a public bill, being of national interest, should be debated in Parlia- ment upon the grounds of public expediency ; and that the arguments on either side should be restricted to members of the house, while peculiar interests are represented by the petitions of the parties concerned. Questions of public policy can only be discussed by members : but where pro- tection is sought for the rights and interests of public bodies, or others, it has not been unusual to permit the parties to represent their claims, either in person or by counsel. Counsel have also been heard at various other stages of bills, as well as on the second reading. In the case of bills of pains and penalties, disabilities, or disfran- • 1 C. J. 63. 252. 262. 311. 560. Revenues Bill (Lords), 1840 ; Sud- 2 17 Pari. Hist. 512-515. bury Disfranchisement Bill (Lords), ' Cotton Factories Bill, 1818, 51 1842 and 1844 ; Newfoundland Fiah- L. J. 662; 88 0. J. 501 ; 90 ib. 587, eries Bill, 1891, 352 H. D. 3 s. 1131 ; &c. ; Municipal Corporations Bill 123 L. J. 158; 146 C. J. 308. 313. (Lords), 1833; Warwick Borough For explanations of the principle Bill (Lords), 1834; Stafford Dis- upon which Parliament has per- franchisement Bill (Lords), 1836; mitted counsel to be heard against Canada Government Bill (Commons), public bills and precedents cited, see 1838, Mr. Roebuck; Jamaica Bill Lords' Debate on Australian Colo- (Commons), 22nd and 23rd April, nies Bill, 10th June, 1850, 111 H. D. and 7th June, 1839 ; and (Lords), 3 s. 943, 28th June ; Ecclesiastical Duties and BILL COMMITTED. 451 Chafer chisement, it has been usual to order a copy of the bill, and the order for the second reading, to be served upon the parties affected, and to hear them by counsel.^ The attorney-general has also been ordered to appoint counsel to manage the evidence, at the bar of the house, in support of the bill,^ or to take care that evidence be produced in support of the bill.^ When a bill has been read a second time, a question is Commit- put, " That this bill be committed," which, in the House of biUs. Commons, cannot be opposed, being a mere formal sequel to the second reading (see p. 210) ; and a day is named for the committee. Notices of amendments to a bill in com- Notice of mittee are not receivable at the table, until the bill has^^t^" been read a second time. On_ the order of the day being read for the committee, it is moved in the Lords, " That the house be now put into committee on the bill ; " to which an amendment may be moved, that the house be put into committee on a future day, beyond the probable duration of the session. When the order of the day is read in the Commons, for the house to resolve itself into a committee on the bill, the Speaker, pursuant to standing order No. 51, g, o. 51, MUee of unless a member rises to move an instruction which stands ■^P||°'^'^' 'tions see upon the uotice paper, leaves the chair forthwith. When the p. 455. order of the day for committee on a bill is read, the member in charge thereof can move that the order be discharged, and the bill referred to a select committee. If that motion Procedure is moved by another member, the member in charge of the ^^ereon, see j^^^^ jf j^g objccts to that course. Can express his desire that the Speaker should leave the chair, which the Speaker would do forthwith, pursuant to standing order No. 51. The Lords occasionally, as in the case of Consolidated committee Fund bills, when the bill has been read a second time, ^^^^l^ negative the committee stage, and proceed at once to the "^s'"- third reading. Numerous instances of this practice are to be found upon the journals of the House of Commons, until > Wilson's DisabUitles Bill, 1737; ' Rumbold's Bill, 7th May, 1782. Rumbold's Pains and Penalties Bill, " O'Sullivan's Disabilities Bill, 5th 1782 ; Queen's Degradation Bill, 1820 May, 1869, 124 0. J. 180. (Lords). 452 INSTRUCTIONS. the year 1786, in the case of urgent bills, acts of grace, and '^^Ij^^ even in taxation bills, when there were no blanks to be filled up, and no amendment was tendered to the bill. The bill recognizing King William and Queen Mary, and for avoiding all questions touching the Acts made in the Parliament assembled at Westminster on the 13th February, 1688, was, perhaps, the most important bill treated in this manner.^ instruo- Before the house resolves itself, for the first time, into a committees Committee of the whole house upon a bill, an instruction on bills, jj^g^y ijg giygn to the committee, empowering them to make provision for matters which would exceed a fair interpretation of the rule concerning relevant amendments. Instruc- To explain the principles that govern the proposal oii„stnio- commutees iiistructions to committees of the whole house, it must he'j^f^' of the borne in mind that, under the parliamentary usage in force ^«« P- ''^^• house. in former times, an amendment might be wholly irrelevant to the motion or bill to which it was proposed (see p. 278), and that consequently to a bill in its progress through the house, clauses might be added relating to any matters how- ever various and unconnected, whether with each other or with the bill as originally drawn. A reaction from such laxity of procedure led to the establishment of rules and practice which imposed on the House of Commons an in- convenient rigidity in dealing with a bill. No amendment could be moved which was not strictly within the scope of the prefatory paragraph, known as the title, which is pre- j^^n^ gt ^ fixed to every bill, and describes its object and scope. To ^'^'i ««^ P- obviate the difficulty thus created, the house, in 1854, by s. 0. 34, standing order No. 34, gave a general instruction to all Appendix, committees of the whole house to whom bills were committed, p. 830. Ill which empowered them to make such amendments therein ' 10 0. J. 373. Naturalization of oruiting of the Land Forces, 1744 the Electress Sophia, 1705; 15 0. J. 24 ib. 637; Justices of the Peace 47; Act of Grace, 1747, 25 ib. 406; Qualification Bill, 1766, 31 ib. 44; South Sea Company Bill, 1760, 28 ib. Sinking Fund Bill, 1786, 41 ib. 977.— 983; Importation of Tobacco, 1728, (Information communicated by Mr. 21 ib. 284 ; Proceedings of Courts to Archibald Milman.) be in English, 1732, 22 ib. 81 ; Ee- INSTEUCTIONS. 453 Chapter as they should think fit, provided that the amendments ' were relevant to the subject-matter of the bill ; and, if such amendments were not within the title of the bill, the title was to be amended, and reported specially to the house. This general and standing instruction to committees on bills meets all ordinary occasions. Amendments to bills may, however, be offered which exceed the operation of standing . order No. 34, and which, without a special in- struction from the house, could not be considered by the committee. niustra- In entertaining an instruction, the house is subject to this Principle structions, primary condition, namely, that the amendments to bestj.ugt^°„ dix ^^^839 sanctioned by an instruction must come within a fair inter- pretation of the rule laid down by standing order No. 34, namely, that those amendments should be relevant to the subject-matter of the bill. Thus as the subject-matter of a subject- bill, as disclosed by the contents thereof, when read a second "^"j*"^ °^ time, has, since 1854, formed the order of reference which governs the proceedings of the committee thereon, it follows that the objects sought by an instruction should be pertinent to the terms of that order ; and that the amendments, which an instruction proposes to sanction, must be such as would further the general purpose and intention of the house in the appointment of the committee. The object of an instruction is, therefore, to endow a committee with power whereby the committee can perfect and complete the legislation defined by the contents of the bill, or extend the provisions of a bill For the *o cognate objects ; and an attempt to engraft novel principles leading de- jj^^q ^ jjjj] -^^iiich would be irrelevant, foreign, or contradictory ctswnsfrom > a ' j the chair to the decision of the house taken on the introduction and tions, see second reading of the bill, is not within the due province of p. 843. j^P^lg**'^' an instruction. Accordingly, an instruction can be moved that authorizes the introduction of amendments into a bill which extends its provisions to objects not contained there- in, if those objects are relevant to the subject-matter thereof, or which would augment the legislative machinery whereby the bill is to be put into force, as shown by the examples contained in the Appendix, class 1, p. 839 ; whilst, on the 454 INSTBUCTIONS. other baud, no instruction is permissible wbicb is irrelevant, Chapter foreign, or contradictory to the contents of the bill, or that ! seeks the subversion thereof, by substituting another scheme for the mode of operation therein prescribed (see Appendix, class 3, p. 841). Amend- An amendment to an instruction must be strictly relevant Notice iastiuction. thereto, and must be drawn in such a shape that, if accepted, "^J^. the question as amended would retain the form and effect "^"*«' ^*« ^ _ p. 455. of an instruction.^ An instruction is necessary to enable a committee to divide a bill into two or more bills, to consolidate two bills into one bill,^ or to give priority to the consideration of a portion of a bill, with power to report the same separately to the house ;^ and instructions have been given to committees of the whole house, on the presentation of a petition, em- powering the committee to hear counsel and examine witnesses.* An instruction also may be required to render the provisions of a bill bearing a limited title applicable to the whole of the United Kingdom, or otherwise to extend the operation of a bill beyond the limits defined in the title^ (see Appendix, class 4, p. 842). Informal A motion for an instruction which seeks to confer upon a committee of the whole house power to make amendments in a bill that is already possessed by the committee, is out of ■ 21st Feb. 1893, Liverpool Corpo- Bill, 1819, 74 ib. 441 ; Silk Trade ration Bill; Mr. T. P. O'Connor's Bill, 1824, 79 ib. 180; Coventry amendment; Speaker's ruling (pri- Magistracy Bill, 1827, 82 ib. 536; vate). East Eetford Disfrancblsement Bill, ' Bepresentation of tbe People and 1828, 83 ib. 122 ; Liverpool Franchise Kedlstribution of Seats Bill, 28th BUI, 1832; Municipal Corporations May, 1866, 183 H. D. 3 8.1319. For Bill, 1835, 67 L. J. 329; Gaming other precedents, see 73 L. J. 188 ; Actions Discontinuance Bill, 1844, 85 ib. 294; 107 C. J. 140. 223; 108 76 ib. 550. 553; St. Albans Dis- ib. 645; 116 ib. 376 (three bills); franchisement Bill, 1851, 84 ib. 101. 124 ib. 194. 246; 125 ib. 246; 126 Motion for hearing the electors of lb. 114; 127 ib. 230; 144 ib. 319. Lancaster before the committee on 339 ; 205 H. D. 3 s. 977. the Bepresentation of the People = Purchase of Land, &c. (Ireland), Bill, 1867, 186 H. D. 3 s. 982. Bill, 1890, 146 C. J. 30. « The Chairman, in default of such * Corn Eegulation Bill, 1791, an instruction, has declined to put 46 ib. 466; Sinecure Offices Bill, the question on a new clause, 142 1812, 67 ib. 309; Apprentices Bill, C. J. 333; or the clause has been 1814, 69 ib. 335 ; Penryu Bribery withdrawn, 143 ib. 500. instruc- tions. INSTRUCTIONS. 455 Chapter order ^ (see Appendix, class 2, p, 840) ; nor, in the Commons, can an instruction be moved to a committee of the whole j,-^'"q'[^j'' house in a form other than the permissive form, namely committee — « ^^at they have power " — to consider the matter dealt of supply, _ . . see p. 571. with by the instruction ;^ and this rule applies to instruc- tions to standing or joint committees (see p. 399). No such restriction applies to instructions to select committees (see p. 378) or private bill committees (see p, 709), nor to commit- tees of the whole house, in the Lords.* To these committees a mandatory or imperative instruction, defining the course erf action which they must follow, can be given by the house. An instruction to make provisions in a bill which would Bilk entail a charge upon the people cannot be put from the ehlrg'esf chair, unless the recommendation of the Crown be given to the instruction (see p. 531). Nor can matters already decided during the current session,* or which are appointed for the future consideration of the house,^ be brought forward by an instruction, in accordance with the general practice of the house regarding motions and debates (see p. 263). The powers conferred by an instruction moved when a bill is committed for the first time, continue operative, if occasion should arise for the subsequent recommittal of the bill.^ Notice is required, not only of an instruction,'' but of Notice of amendments to an instruction, which, if agreed to, would t^ons"*^' enlarge the scope of the instruction, or convert the same Rules, into a novel proposition. Nor, even in the case of an instruction nq. sg's. ' to a committee on a private bill,^ can an amendment be proposed, without notice, to alter the form of a mandatory 1 195 H. D. 3 s. 847 ; 207 ib. 402. Mr. H. Gardner's InstructioD, Local If such an instruction has been pro- Government Bill, 7th June, 1888, posed from the chair, on notice taken, 326 ib. 1440. the Speaker declines to put the * 4th June, 1860, 158 ib. 1851- question thereon, 24th July, 1884, 1854. 139 C. J. 396. ° National Education (Ireland) ^ 1 Lord Colchester's Diary, 431 ; Bill, 1892. Instruction and com- 2 Lord Sidmouth's Life, 144 ; 189 H. mittee, 15th June ; recommitted 16th D. 3 s. 1070. June ; instruction read in committee. ' 65 L. J. 551 ; 68 ib. 151 ; 71 ib. ' 176 H. D. 3 s. 1940 ; 269 ib. 218 ; 532. 317 ib. 856; Speaker's ruling, 16th * Conventual Establishments, 10th Feb. 1893. May, 1870, 201 H. D. 3 s. 534; « 27th Feb. 1891, 350 ib. 1825. 456 INSTRUCTIONS. instruction which stands upon the notice paper into a per- ''^*^®' missive instruction.* Debate on a motion for an instruction must be strictly relevant thereto, and must not be directed towards the general objects of the bill to which the instruction relates;^ and the mover has not the right of reply.* When in- An instruction to a committee of the whole house can only can be be moTcd when the order of the day for the first sitting of Mover to be ""^^ ■ the committee has been read (see p. 360). Instructions to p™*go^n^i° committees of the whole house upon bills are also moyed, when founded on the report of a committee of the whole Euies, house.* In the case of bills referred to standing or select No. 360. "' committees, an instruction can be moved when the order is made that the bill be committed, or subsequently. Bill n- When the Speaker has left the chair, the mace is re- sideied in rnoved from the table, and the committee begin the con- sideration of the bill.^ As its principle has been affirmed at the second reading, the details of the bill are examined in committee, clause by clause and line by line ; for which purpose the permission to speak more than once offers great facilities. Proceed- In the Lords, the first proceeding of the committee is to oommutee. postpoDO the title, which is there treated as a part of the bill : but in the Commons the title, if it requires amend- ment, is dealt with on the third reading. The preamble is Postpone- ^6^t postponed in a Lords' committee ; and on the 29th ment of June, 1869, in committee on the Irish Church Bill, a long preamble. . ., ., ^ 5 35 debate was raised upon the postponement of the preamble, Appendix, vvhich was, however, agreed to without a division ; ^ whilst p. 830. in the Commons, by standing order No. 35, the preamble stands postponed until after the consideration of the clauses, without question put. This practice is adopted because the house has already ' 5th Dec. 1890, 349 H. D. 3 s. empowers the reference of several 667. bills to one committee, has become = 12th Aug. 1889, 339 ib. 1073. unused, owing to the operation of ' 10th April, 1867, 186 ib. 1443. standing order No. 51 (see p. 451). • 105 C. J. 635. " 197 H. D. 8 s. 689. ' Standing order No. 33, which BILLS IN COMMITTEE. 457 Chapter afBrmed the principle of the bill on the second reading, and XIX. When notice of amend' ments it is therefore the province of the committee to settle the clauses first ; and then to consider the preamble in reference to the clauses only. By this rule the preamble is made subordinate to the clauses, instead of governing them. The chairman proceeds to read the number of each clause, Amend- which is thus brought under the consideration of the com- ™hen to be mittee ; and to call on the members who have given notice "^o^'^^- see p. 451. of amendments. A member is not at liberty to speak gene- rally upon a clause, upon its being called by the chairman, there being no question before the committee until an amendment has been moved, or a question put that the clause stand part of the bill.^ If no amendment be offered to any part of a clause, the chairman at once puts the question, " That this clause stand part of the bill," and proceeds to the next : but when an amendment is proposed, he states the line in which the alteration is to be made, and Procedure puts the question in the ordinary form. Members who are moment dcsirous of offering amendments in committee should watch of inter- carefully the progress of the bill : for if the committee have ruption, see i i i . i . i p. 208. amended a later- line or words in the same clause, amend- Procedure ments cannot be made in an earlier part of the bill. When- on new clauses, see ever Several amendments are about to be moved to the ^' ■ same clause, the chairman proposes each of them in such a form as not to exclude any later amendments ; and with this view he often proposes only the first words of an earlier Practice in amendment : ^ but if an amendment has been proposed cmnmiHees f^^j^ ^.jjg chair, which, if carried, excludes amendments that of the whole home on other members seek to submit to the committee, the ques- mmts, see tion on that amendment must be put, if the mover insists ''■ ^®^" upon obtaining the decision of the committee thereon ^ (see also p. 276). Amendments may be made in every part of the bill, Amend- whether in the preamble, the clauses, or the schedules ; "j^-bie^" clauses may be omitted, and new clauses and schedules ' Eepresentation of the People Bill, 18th June, 1866 (chancellor of the exchequer), 184 H. D. 3 s. 536. 2 181 ib. 539; 184 ib. 445. ' Labourers' Allotments Bill, 27th Aug. 1887, 320 ib. 200. 458 BILLS IN COMMITTEE. added ; though no amendments can be moved to the grant- Chapter ing or enacting words of money, and of other bills. Those words are part of the framework of the bill, and are ueyer submitted to the committee.^ An amendment must be Amend- Coherent, and consistent with the context of the bill ; and Omissible, when a proposed amendment had been so amended as to form an incoherent question, the chairman stated that if no further amendment were proposed, he should proceed with the question which next arose upon the clause.^ Amendments also cannot be moved which are based on schedules or other provisions, the terms of which have not been placed before the committee.^ Amendments are out of order that are — irrelevant to the bill; governed by amendments already negatived ; inconsistent with, or con- tradictory to, the bill as agreed to by the committee ; or that are tendered to the committee in a spirit of mockery ; and the chairman would decline to put such questions from the chair.* The chairman also, regarding an amendment offered to a bill that was limited in scope to the repeal of a clause in a statute, ruled that the amendment was out of order, because its object was the continuance and the exten- sion of the clause to be repealed. The chairman stated see also that, though the committee had full power to amend, even ^^itfees to the extent of nullifying the provisions of a bill, they <"'«'' ^*^«' could not insert a clause which reversed tlie principle which the bill, as read a second time, sought to affirm.® In like manner, it is not within the scope of a committee on an expiring laws continuance bill to amend the pro- visions of the Acts proposed to be continued, or to abridge the duration of such provisions ; ^ nor can an amendment be moved whereby an Act still in force would be included among the provisions of a statute law revision bill, which dealt ' 332H. D. 3 s. 1010; 339 ib. 218. 1333. 1451. 1455; 12th June, 1882, -■^ Prisons Bill, 1877, 132 C. J. 73. 270 ib. 862 ; 296 ib. 800 ; 305 ib. 83 ; 'Tithe Kent -Charge Keoovery 111 0. J. 213. Bill, 29th Jan. 1891, private ruling. » 15th March, 1880, 251 H. D. 8 s. * 167 H. D. 3 s. 112; 179 ib. 522; 1134. 187 ib. 1942; 188 ib. 811 ; 211 ib. « 30th July, 1874, 221 ib. 1018. 137. 2026; Feb. 1881, 258 ib. 1239. BILLS IN COMMITTEE. 459 Chapter solely with statutes no longer in foroe.^ It has been held, however, that a committee on a bill to effect the consolida- tion of the law on the subject to which the bill relates may, without an instruction, amend the provisions of the statutes which by the bill are to be consolidated and fused together,^ No amendment can properly be proposed to a clause which is irrelevant to the subject-matter of such clause : such an amendment should be moved as a new clause.® Neither may an amendment be proposed to leave out from the word " That " to the end of the clause, in order to sub- stitute other words, — such an amendment being in the nature of a new clause.* In such a case the regular course is to negative the question, that the clause stand part of the bill, and to bring up a new clause, at the proper time. But when an amendment has already been made at the beginning of a clause, and it is afterwards proposed to leave out the remainder of the clause, such an amendment has been held to be regular.^ When a clause has been amended, the question put from the chair is, " That this clause, as amended, stand part of the bill ; " and no other amendment can be proposed to a clause, after this question has been proposed from the chair.^ It has been ruled that when the question, " That this clause stand part of the bill," has been put from the chair, it cannot be withdrawn, as it necessarily follows upon the consideration of the clause, and is not a motion made by any member which he could ask leave to withdraw.'' No amendment should be admitted which is in the nature clauses of a previous question. Clauses naay be postponed, unless they have been already partly considered and amended, in » 346 H. D. 3 8. 1618. ib. ,359 ; Army Discipline Bill, 19th ' Procedure in a standing com- June, 1879, 24:7 ib. 278. mittee on the County Courts Con- * 116 ib. 666; 196 ib. 74; 200 ib. solidation Bill, 1888, and in a select 1037, &c. committee on the Military Lands ' Irish Land Bill, 1st April, 1870, Consolidation Bill, 1892. 200 ib. 1057. ' Divorce and Matrimonial Causes ' 147 ib. 1191. Bill, 6th Aug. 1857, 147 H. D. 3 a. ' Hypothec Abolition (Scotland) 1190. 1198 ; Prisons Bill, 1st and Bill, 1st April, 1879, private ruling. 22nd March, 1878, 232 ib. 1242 ; 233 460 BILLS IN COMMITTEE. Proceed- ings upon blanks. S. 0. 37, Appendix, p. 830. which case it is not regular to postpone them ; ^ though if a proposed amendment be withdrawn, the clause may be post- poned.^ Upon a question for the postponement of a clause, the debate is limited to the simple question of postpone- ment, and may not be extended to the merits of the bill.^ Postponed clauses are considered after the other clauses of the bill have been disposed of, and before any new clauses are brought up. But they have also been considered, under special circumstances, after new clauses,* or certain other clauses,^ or some of the schedules of the bill.® When instructions have been given by the house for the purpose, the committee may receive clauses or make provision in the bills committed to them, which they could not otherwise have considered, or they may consolidate or divide the bills referred to them.' By standing order No. 37, no question is put for the filling up of words printed in italics ; and if no alteration has been made in such words, the bill is reported without amendment. When a real blank has been left, if it be desired to fill it up with words different from those first proposed, a distinct motion is made upon each proposal, instead of moving an amendment upon that first suggested. The chairman puts the question upon each motion separately, and in the order in which they were made.^ It was formerly an occasional, but not the constant, practice to put first the motion for a smaller sum or longer time : ^ but according to later prac- tice, this rule has not been observed in committees upon bills. Thus, on the 18th July, 1856, in committee on the Chapter SIX. Procedure on new clauses, see p. 461 ; on instruc- tions, see p. 452. Provisions creating charges, see p. 529. Ways and means pro- cedure, see p. 589. • 207 H. D. 3 s. 722, Elections (Parliamentary) Bill, 25th July, 1871. ^ Supreme Court of Judicature Bill, 8th July, 1873, 128 C. J. 3i0. ' 207 H. D. 3 s. 1378 ; 318 ib. 145. * 122 C. J. 141. 149; 132 ib. 235; 142 ib. 206-210 ; 186 H. D. 3 s. 768. 912. = 136 ib. 267. ° Supreme Court of Judicatni'e Bill, 1875, 130 ib. 425. ' The effect to which the rejection of an instruction afifeots the power of a committee in considering amend- ments which trench upon the purport of the rejected instruction, will be found in the decision by the chair- man, Tithe Eent-Charge Recovery Bill, 1889, 339 ib. 1185. 1228. » 93 0. J. 204. 526; 94 ib. 465. 497. ' 88 ib. 617. BILLS IN COMMITTEE. 461 Chapter Vice-President of the Committee of Council on Education XIX. Bill, it was proposed to fill up the blank, for the salary of the office, with 2000Z. : it was afterwards proposed to fill it up with 1200Z. ; and the question was put and decided upon the sum first proposed.^ Where the proposed sum has already been printed in italics, and another sum is proposed, the latter is put in the form of an amendment, without reference to the relative amount of the two pro- posals ; ^ and this practice is now uniformly observed. When, pursuant to an instruction (see p. 454), two bills Consoiida- are to be consolidated, the preambles of the two bills are iiyision of severally postponed, and the clauses of each are successively '''^^^• proceeded with. When a bill is to be divided into one or more bills, it is usual to postpone those clauses which are to form a separate bill, and, when they are afterwards con- sidered, to annex to them a preamble, enacting words and title. The separate bills are then separately reported. In the Lords, new clauses are brought up and inserted in New their proper places, while the committee are going through the bill : ^ but in the Commons, all the clauses of the bill are considered before any new clauses are brought up and added to the bill ; though new clauses have been considered before postponed clauses. The new clauses proposed by the minister, or other member in charge of the bill, are proposed before other new clauses.* If a new clause be offered, the chairman desires the mem- s. o. 38, ber to bring it up, and it is read a first time, under standing p^glg*^'^' order No. 38, without question put. A question is then put for reading the clause a second time, and, if agreed to, the clause may be amended before the question is put for adding it to the bill. The committee may divide one clause into two, or decide that the first part of a clause, or the first part of a clause with a schedule, shall be considered as an entire clause.^ A new clause, however, will not be entertained New » 111 0. J. 363. Lords' Minutes, pp. 1277. 1279. clauses out 2 110 ib. 223; 111 ib. 353. ■• 208 H. D. 3 s. 802. " *"' "'' 3 88 L. J. 234; Eepresentation of ^ 86 C. J. 728; 87 ib. 80; 89 ib. the People Bill, 30th July, 1867, 409 ; 132 ib. 235. 462 BILLS IN COMMITTEE. Schedules and new schedules. Close of if inconsistent with clauses agreed to by the committee,^ if Chapter substantially the same as a clause previously negatived,^ if L_ properly an amendment, or needing an instruction. Schedules to a bill are considered, as a rule,^ after new clauses are disposed of, and they are treated in the same manner as clauses. When the schedules have been con- sidered, new schedules are offered. If a schedule be dis- agreed to, another cannot be offered to supply its place, until the remaining schedules have been disposed of. A new schedule is brought up, read a iSrst time and second time, amended, if need be, and added to the bill.* When all the clauses and schedules have been agreed to, on°a biir ^^^ ^^7 ^^^ clauses or schedules added, the preamble, which had been postponed, is considered, and, if necessary, pmceciure is amended so as to conform to amendments made in the "" enacting words, see bill ; ^ and the chairman puts the question, " That this be p. 458. the preamble of the bill," which he reads (short) to the committee. Lastly, in the Lords, the title of the bill is y,«e considered and agreed to ; and in the Commons, when any "^^^^ amendment is to be made to the title, this is the last pro- '»?. see p. . . 473. ceeding of the committee.^ Sometimes the short title of the bill is also amended in committee.'' Power of Doubts have arisen whether the committee, to whom a bill Procedure oTCT™biur^ has been referred, can by amendment so change the provisions ^'^^' of the bill, that when it is reported to the house, the bill is ^"'^''V committees, in substance a bill other than that which was referred to see p. 375; the committee. A committee can negative every clause comm/te, of which the bill committed to them is composed, and can ^'^ P- *^°' substitute for those clauses new clauses, if relevant to the bill as read a second time, and which are otherwise in order. This course has been followed.^ On the other hand. ' Municipal Elections Bill, 1859, 114 C. J. 103. ' 179 H. D. 3 s. 538. See p. 853. ' Schedules have been considered before new clauses. Poor Law Amendment Bill, 18th July, 1844 ; Turnpike Trusts (South Wales) Bill, 24th July, 1844, 99 C. J. 517. 536. * Metropolitan Buildings Bill, 99 ib. 512; Pari. Eep. Bill, 1867, 122 ib. 365; 188 H. D. 3 s. 1280. = 99 C. J. 48. 154; 100 ib. 135; 104 ib. 505. « 110 ib. 223; 111 ib. 276 ; 112 ib. 373. ' 135 ib. 860. 398. * Coroners in Boroughs Bill, 17th May, 1892, 147 ib. 259. BILLS IN COMMITTEE. 463 Chapter when, in 1856, the Partnership Amendment Bill having ' been committed pro forma, was extensively amended, no amendment being inserted which it was not clearly com- petent for the committee to entertain, when objection was taken that it had become a new bill, the minister in charge of it, while denying the alleged extent of the amendments, consented to withdraw the bill.'' And, again, on the same principle, the Speaker stated, appeal having been made to him regarding extensive alterations made by the committee on the Tithe Eent-Charge Eecovery Bill, that, whilst he desired to safeguard the rights and jurisdiction of the chairman of ways and means in giving an opinion on a matter of committee procedure, though he could not, as Speaker, stop the bill on the point of order that the bill was a new bill, he unhesitatingly affirmed that the practice of the house had been, in a case of this kind, to withdraw a bill which had been so dealt with, and to introduce Alteration another bill in the amended form, on which the decision fore second °^ *^® house could be obtained upon a second reading. The rea^ng, see jjju ^^s thereupon withdrawn.^ When the lord, or member, having charge of a bill desires Bills oom- to introduce numerous amendments, in order to improve l^J^/"^" the measure, and render it more generally acceptable to the house, he may move that the bill be committed pro forma — a course which is rarely objected to. In such cases the proposed amendments are not separately con- sidered; nor is any question put upon the several clauses of the bill. The proceeding is entirely formal ; the chair- man reports the bill, with the amendments, to the house ; and it is reprinted in its amended form, and recommitted for a future day. Lords' bills are so treated in the House of Commons, like other bills. It is not, however, regular to > 140 H. D. 3 s. 2200. &o., Bill, 21st July, 1876, 230 ib. ' 16th Aug. 1889, 339 lb. 1487. 1679. "No committee can destroy The Speaker has also ruled that the a bill, but they can lay it down." amendments made by a select com- More's Notes of Debates in the Long mittee to a private bill should not Parliament, 14th April, 1641 ; Harl. be so extensive as to create a bill MSS. ; Mr. Speaker's ruling, 176 H. other than the bill ~read a second D. 3 s. 99. See also p. 470. time by the house ; Toll Bridges, 464 BILL EEPOETED. commence the consideration of a bill in the usual way, and Chapter . XIX. to deal with the remaining clauses jpro forma : but it has - !_ been arranged that all subsequent amendments, though put from the chair, shall be accepted without discussion.^ The limit beyond which these amendments should not exceed has been explained on p. 462. When a bill, having been committed ipro forma, is recommitted, it is considered as if the bill had been committed for the first time. Proceed- The housc is not supposed to be informed of any of the commfttee pi'oceedings of the committee until the bill has beeu re- not known ported; and discussion of the clauses, with the Speaker in ported. the chair, is consequently irregular. Report of If the committee cannot go through the whole bill at one progress. gj^j.jjjg j^ ^jjg Lords, the chairman puts a question that the house be resumed, which being agreed to, he leaves the chair, and moves that the house be put into committee on a future day ; and in the Commons, the committee direct the chairman to report progress, and ask leave to sit again.^ On the chairman's report, the house has occasionally thereupon resolved itself again into the committee.* When com- The proceedings of a committee on a bill may be brought See also mike no abruptly to a close, by an order, « That the chairman do now "^^^l""'' report. leave the chair; "* or by a proof that a quorum is not present (see p. 223) ; in which case the chairman, being without instructions from the committee, makes no report to the house. A bill disposed of in this manner disappears from the order book ; though it can be revived by an order of the house (see p. 250). When a committee on a bill is revived, its proceedings are resumed at the point at which they were interrupted, — having been valid, and duly recorded in the minutes, until the chairman was directed to leave the chair.^ ' Literary and Scientific Societies ' 90 ib. 497. 562 ; 105 ib. 345 ; 111 Bill, 4th June, 1856, 142 H. D. 3 s. ib. 201 ; 112 ib. 310 ; 126 ib. 339, &o. 939. " Savings Banks and Friendly ^ See report, " no progress," when Societies Bill, 31st July, I860, MS. several bills have been referred to a Committee Minute-Book ; 115 C. J. committee, 124 C. J. 268, &o. 402. 427. ' \n ib. 316 ; see also p. 575. PROCEEDINGS ON EEPORT. 465 Ohapter When the bill has been fully considered, the chairman Report of '— puts a question, " That I do report this bill without amend- ment," or " with the amendments, to the house ; " which being agreed to, the chairman leaves the chair, understand- S. 0. 52, ing order No. 52, without question put, and Mr. Speaker p.^gsa. '^' resumes the chair; upon which the chairman approaches the steps of the Speaker's chair, and reports from the com- mittee that " they had gone through the bill, and had made amendments," or " several amendments thereunto." If no amendments have been made, he reports, " that they had gone through the bill, and directed him to report the same, without amendment." In the Lords, the bill is at once reported if there be no Proceed- amendments : but, unless the standing orders be suspended l°poi"t? (see p. 487), the bill cannot be further proceeded with. Lords. .Standing order No. 39 also directs that when amendments are made to a bill, no report can be received from a committee ■of the whole house, " the same day such committee goes through the bill ; " and this standing order is extended to the procedure of the Lords' standing committees (see p. 377). In the absence of the chairman of committees, leave has been given to another peer to report the amendments.-' On the 2nd April, 1868, it was resolved, that in entering in the journals the reports of bills amended in committees of the whole house, the only name entered therewith shall be that of the lord who moves the reception of the report, and takes charge of the bill in that stage.^ In the Commons, pursuant to standing order No. 39, the Proceed- chairman, at the close of the proceedings of the committee, iefor™ reports the bill forthwith to the house, and any amend- Commons, ments thereto are received without debate, and a time is f- ^' ^?' ' Appendix, appointed for taking the same into consideration. p. 830. On the report of a bill, if no amendments have been made., rthe bill is immediately ordered to be read a third time (see p. 472), or a future day is appointed for the third reading. If amendments have been made by the committee, the bill .as amended is usually ordered to be taken into consideration ' 91 L. J. 33. = 100 ib. 103, P. 2 H 466 BILLS REPORTED. on a future day ; though, if the occasion should arise, the Chaptei' bill as amended may, upon the report thereof, be immediately considered by the house. If the title has been amended, such amendment is specially reported.^ Bills re- BiUs materially amended in committee are, if it be printe . requisite, reprinted before consideration as amended, by order made when the bill is reported to the house ; though occa- sionally, while a bill has been in progress, the amended clauses, so far as they have been agreed to, have been printed, by direction of the Speaker, and circulated with the votes.^ Considera- By standing order No. 40, when the order of the day for Exception I'm, as ^^^ consideration of a bill,. as amended in the committee of '^^^^y^^f amended, ^jjg ^hole houso, has been read, the house proceeds to con- ported from Appendix, sider the same without question put, unless the member in commitues, p. 830. charge thereof desires to postpone its consideration, or a motion be made to recommit the bill. Accordingly, if these motions are not made, or if no member moves a new clause, whereof notice stands upon the notice paper, or an amendment to the bill, on this stage no question arises ; and the Speaker calls upon the member in charge of the bill, who names a day for the third reading,' or moves that the bill be read the third time.* Considera- When the bill, as amended by the committee, is con- Debate on on report, sidered, the entire bill is open to consideration, and new i""««*'^ clauses may be added, and amendments made. According to former usage, the amendments might be wholly irrelevant j^^nd- Eestriction to the subiect-matter of the bill.^ This vicious practice "^f*/' ^°° on amend- P- *^'^' ments on was, in 1888, rendered impossible by standing order No. 41, reports. which prescribes that no amendment may be proposed to a Appendix, bill on consideration, which could not have been proposed ^'^ ' in committee without an instruction from the house. New By standing order No. 38, no clause may be offered on the clauses on /> i -n n • ■, i, ■, t report. report stage oi a bill, unless notice thereof has been given ; S. 0. 38, Appendix, ' 115 C. J. 343 ; 120 ib. 95, &c. (Ireland) Bill, 1891. p. 830. 2 Representation of the People ' 280 H. D. 3 s. 1825 ; 282 ib. Bill, 1867 ; Irish Church Bill, 1869 ; 1096. Irish Land Bill, 1870 ; Land Law * Eules and Orders, No. 258. (Ireland) Bill, 1881 ; Land Purchase " 99 C. J. 63. PROCEEDINGS ON REPORT. 467 *'ttv*'^ and it has been held that such notice must comprise the '■ — words of the clause intended to be proposed ; and where a New clauses clause has been offered, differing materially from the notice, order, see i* ^^^ ^^^ ^©^n entertained.^ Nor can this defect of notice p. 461. ][jg supplied by an amendment being proposed to the clause by another member ; as the clause cannot be amended until New clauses it has been received and read a second time.'' A member moved hy . , another has not been permitted to move a clause, of which another Ihegmeni- member had given notice.^ New clauses are first offered, 250*' ^^^ ^" priority being given to clauses moved by the member in charge of the bill ; after which amendments may be made Notice of to the several clauses of the bill as reported by the corn- amend- . 1 • 1 ments not mittce. A clause that is moved on the consideration of the 7^"^.\i5. I'ill 8'S amended is read a first time without question put ; and before this stage, the member who proposes the clause may speak in support thereof. The question is then proposed from the chair, " That the clause be read a second time ; " which is the proper time for opposing the clause ; and the member proposing the same can address the house. If this question be affirmed, amendments may then be proposed to Committee the clauso. Amendments are offered, as in committee, in see"p. 457. *^^ Order in which, if agreed to, they will stand in the amended clause : but if a proposed amendment be withdrawn, a prior amendment may be moved.* Sometimes the motion for reading the clause a second time, and also the clause after its second reading (an amendment proposed thereto having been withdrawn), are, by leave of the house, with- drawn.^ The last question put by the Speaker is, " That this clause, or this clause as amended, be added to the bill ; " and on this question a further debate may arise.® When the new clauses upon the notice paper have been Amend- disposed of, the Speaker calls on the members who have bill on re- port. 1 Oxford University Bill, 26tli ib. 1995. June, 1854, 109 C. J. 336; 134 H. ■■ Elementary Education Bill (14th T>. 3 s. 694 ; Government of India clause), 4th Aug. 1876, 231 ib. 525. Bill, 6th July, 1858 (Mr. Seymour); = 112 C. J. 332. 398; 125 ib. 300, 151 ib. 1036. &o. = 134 ib. 694. ° 171 H. D. 3 s. 188. = 5th Aug. 1876, 231 ib. 662 ; 282 468 BILLS EEPOETED. given notice of amendments to the bill, and on the members Chapter. . . . . YTY who rise in like manner, not having placed their amend- L_ ments upon the notice paper. Where an amendment is For imd- proposed by leaving out a clause of the bill, a question is amend- put, that such clause " stand part of the bill." ^ No amend- ^45'^'" ments will be allowed which are inconsistent with the provisions of the bill which have been considered by the house ; ^ and clauses having been introduced, not relevant to the subject-matter of the bill, the bill has been recom- mitted in respect of those clauses.^ Charges On Consideration of a bill on report, no clause or amend- Pnoedwe people. ^ ment may be proposed which creates a charge upon the ^j^ges, see public revenue, or upon rates or local burthens upon thePP-^^^- people, but the bill may be recommitted in respect of any such proposed clause or amendment. In respect of a charge upon rates or local burthens, a bill may be recommitted and considered in committee forth- with : but in the case of a clause or amendment which creates a charge upon the public revenue, it is necessary that such charge shall have been recommended by the Crown, and sanctioned by a resolution of a committee of the whole house, which has been agreed to by the house upon report. Bills re- It may be necessary to recommit a bill to a committee comrai . ^£ ^j^^ whole houso, and occasionally to a select committee, before it is read a third time ; and debate on this motion must be restricted to the purpose and extent of the pro- posed recommitment of the bill.* A bill may be recommitted: 1. Without limitation, in which case the entire bill is again considered in committee, and reported with " other " or " further " amendments. 2. The bill, may be recommitted with respect to particular clauses or amendments only,^ or to the clauses in which amendments are proposed to be made, and the preamble." » 113 0. J. 285. 339. clause struck out, 109 ib. 403. 2 258 H. D. 3 a. 1597. 1628 ; 338 ib. ' 212 H. D. 3 s. 1277. 1155 ; 282 ib. 1198 ; 354 ib. 184-189. » 83 C. J. 533; 94 ib. 510; 143 ib. « 119 0. J. 172. Notice taken on 213. 407. 437. 528. report tbat a clause has been in- = Bank Notes Issue Bill, 1865, &o; ; sorted in committee by mistake : 120 ib. 304 ; 125 ib. 208. 346. PROCEEDINGS ON EEPOET. 469 Chapter 3. On clauses or schedules beinar offered, or intended to be XIX. . ! — proposed, the bill may be recommitted with respect to these clauses or schedules.^ In these two latter cases no other parts of the bill are open to consideration.^ A bill, how- ever, has been recommitted in respect of certain clauses, and of any new clauses relating to the subject-matter of those clauses,* 4. The bill may be recommitted, and an instruc- tion given to the committee, that they have power to make some particular or additional provision.* If the member who has charge of the bill, and other members also, desire the recommitment of the bill, the former has priority in making the motion for that purpose.^ A bill may be recommitted as often as the house thinks Again re- fit. Bills have been recommitted once or twice,^ and even six, and seven times.'' The proceedings on the report of a recommitted bill are similar to those already explained : and on report the bill, as amended, is taken into considera- tion forthwith, and is read the third time (see p. 472), or further proceedings thereon are appointed for a future day. Sometimes, after the house has ordered a bill to be read a third time on a future day, this order is discharged, and the bill recommitted ; ^ or amendments have been moved to the question for reading a bill a third time, in order to obtain the recommittal of the bill.^ standing Notwithstanding the facilities for discussion afforded by Committed 5^^*372^ a committee of the whole house, the details of a bill may *om!'"* often be considered more conveniently by a standing or by a '"ittess. select committee. Indeed, according to the ancient practice, all ordinary bills were committed to such committees, and none but the most important were reserved for the con- sideration of a committee of the whole house : but now, even though a bill has been considered by a select com- ' 108 C. J. 570 ; 116 ib. 121 ; 126 « 83 0. J. 354 ; 89 ib. 286 ; 98 ib. ib. 289 ; 127 ib. 427 ; 132 ib. 411. 605 ; 94 ib. 318. ' 179 H. D. 3 B. 826. ' 65 ib. 384. 396. 420 ; 69 ib. 420. ' 128 C. J. 360. 444. 460. * 89 ib. 127; 93 ib. 605; 94 ib. » 110 ib. 117; 111 ib. 208; 113 318 ; 107 ib. 311. ib. 318. 339. 384, &c. '> 179 H. D. 3 a. 800. » 112 ib. 391 ; 118 ib. 167. 275. 470 SELECT COMMITTEES ON BILLS. mittee, it is recommitted to a committee of the whole house. Chapter XIX., Sometimes a bill is referred to a select committee to '- — which other bills have been committed ; ^ or to committees appointed to inquire into or consider other matters ; ^ or two or more bills are referred to the same committee.^ When it has not been determined, until after the second reading, to commit a bill to a select committee, the order of the day for the committee of the whole house, is read and discharged, notice not being required, and the bill is committed to a select or standing committee ; * a motion Priority to which can be made, although the bill is under consideration charge of by a committee of the whole house.^ Debate on the refer- wee!' ^** ence of a bill to a select committee follows the rule stated on p. 374.^ In the Lords, a bill may be committed to " a private committee of the lords present this day." ' When it is deemed advisable to take evidence, the necessary powers are given to the committee for that purpose.^ Power of a The irregularity of the conversion, by amendments, of a mittee'o "r ^^^^ ^^*° ^ °®^ ^^^^> ^J *^® Committee to whom the bill was a bill. referred, has been considered (p. 463) ; though a select com- mittee, after consultation with the Speaker, have negatived all the clauses, and the preamble of a bill ; and made thereon a special report to the house.^ If the select com- mittee should fail to report the bill, the committee may be revived, and the bill recommitted to it.^" • 84 L. J. 172 ; 92 ib. 70 ; 116 C. J. mitted to a committee of the whole 146 ; 120 ib. 65 ; 129 ib. 151 ; 133 ib. house be committed to a select oom- 61. 222, &e. mittee, such motion cannot be made, ' 103 ib. 929; 105 ib. 396; 106 if, on the order of the' day being ib. 243 ; 111 ib. 59 ; 114 ib. 67 ; 115 called, the member in charge of the ib. 87. bill claims that the house should go ' 119 ib. 165; 120 ib. 65. into committee, because, in pursuance ' 72 L. J. 355 ; 110 C. J. 143 ; 111 of standing order No. 51, the Speaker ib. 207; 112 ib. 387; 119 ib. 256. is bound to leave the chair ,forth- = 10 ib. 399. 400 ; 136 ib. 154. 236 ; with without putting any question 261 H. D. 3 s. 502 ; Evidence in (see p. 451). Criminal Cases Bill, 147 C. J. 154. ' 66 L. J. 150. 583. 225 ; Superannuation Acts, &o., Bill, ' 104 C. J. 253 ; 106 ib. 164. 147 ib. 221. 264. " Sale of Liquor (Sunday) Bill, ° If a member, other than the 1868, 123 ib. 305 ; Pari. Paper, 1868, member in charge of the bill, pro- vol. 14, p. vi. poses that a biU which stands com- " 115 C. J. 373. THIKD BEADING. 471 Chapter Though the power of the house of making relevant Title L_ amendments in a bill, under standing order No. 34 (see p. by select 452), is, in terms, confined to committees of the whole house, committee. it is acted upon by select committees, as the rules of select committees follow, as far as possible, those of the house, and of committees of the whole house.^ A select committee has, consequently, the power of considering a money clause, if duly sanctioned by a resolution (see p. 529).^ When the bill is reported from a select committee, it is Bills re- recommitted to a committee of the whole house,^ unless it from select be first recommitted to the same select committee.* If, t"™""'' in addition to reporting' the bill, with or without amend- Speoial ments, the committee desire to inform the house of any p^-^'ggg*' ^^^ matters relating to the bill, they make a special report.^ The appointment, by the committee of selection, of com- Provisional mittees to consider public bills for confirming provisional hybrid orders or certificates of boards or commissions, and also the *" ^' class of bills termed "hybrid bills," is mentioned on pp. 443. 709. 719. In 1849, the ancient system of ingrossing bills upon Discon- parchment, after the report, was discontinued, and both ingross- houses agreed to substitute bills, printed on vellum by the "'"*■ Queen's printer, for the parchment rolls.® By the adoption of this system, the old form of question, " That this bill be ingrossed," upon the report stage, was dispensed with. On the third reading of a bill, such amendments as have Third been already described in reference to a second reading '^^*'^'"-^* (see p. 446) may be proposed to the question for now ' Pier and Harbour Orders Confir- in a bill by a select committee, mation Bill, 1863, 118 0. J. 248; which, unsanctioned by a previous Government Annuities Bill, 1864, committee's resolution, charged the 119 ib. 255 ; Municipal Corporations payment of salaries upon the Con- (Borough Funds) Bill.and "Wild Fowl solidated Fund ; and the bill was Protection Bill, 1872, 127 ib. 169. consequently recommitted,17th July, 342. 1843, 98 0. J. 487. => Electric Telegraphs Bill, 1868, = 106 ib. 393 ; 107 ib. 199. .123 ib. 350; County Officers and * 97 ib. 446; 98 ib. 487; 106 ib. Courts (Ireland) Bill, 1877, 134 ib. 239. 301 ; MS. Minutes of Proceedings. » 110 ib. 236 ; 120 ib. 386. The Speaker has drawn the atten- « 81 L. J. 16. 25; 104 C. J. 51. tion of the house to a clause inserted 578. 620. 472 THIRD EEADING. Bills read readinsr the bill a third time. According to present usage Chapter a third . °_ „ „ . . 1 , , XIX. time forth- ID the Houss 01 Oommons, it IS not unusual to take the '''* * third reading of a bill immediately after the consideration thereof in the house upon report/ or upon the report oi Bills passed the bill from a committee of the whole house, if the bill us^i g^. is reported without amendment.^ Bills also have been^^**"™'- ^ see p. 48 1 . committed to a committee of the whole house immediately after the second reading, and on the report, without amend- ment, the bills were read the third time. Nor to the pro- zeave of posal from the chair of the questions consequent upon ^^^ ^qq such procedure, the general concurrence of the house being accorded, is it necessary to obtain, as a preliminary, the leave of the house thereto. These facilities are, however, Encecture never accorded in the case of a bill founded on a com- seeV 5^&!^ mittee resolution based on the recommendation of the Crown. Amend- The question for the third reading may be negatived : Sbd^ead- ^^^> ^^ previously stated (see p. 445), such a vote is not '°s- fatal to the bill.* In the Lords, new clauses may be added, and amendments made to the bill, at this stage; and the same practice formerly prevailed in the Commons : but, by 8. 0. 42, standing order No. 42, verbal amendments only can be made ^830. '^' *° ^ ^^ °^ *^® third reading. When material amendments' are desirable, the order for the third reading of the bill may be discharged, and the bill recommitted to introduce the amendments in committee. In such cases it has been cus- tomary to consider the bill as amended, and to read it a. third time, immediately.* gjjj A bill has been read a third time, and further proceedings passed. upon the question, "That this bill do pass," have been adjourned to a future day.^ Such a course is impossible- • 135 0. J. 360; 147 ib. 83. 98. 112 ib. 384; Stamp Duties Bill, 31st 294. 369, &o. March, 1860, 115 ib. 174 ; 144 ib, " 97 ib. 480. 482 ; 107 ib. 335 ; 113 309. 381. ib. 352; 133 ib. 435; 147 ib. 103. 106. " After the third reading of the 125. 148, &o. Queen's Degradation Bill in the- ' Combination of 'Workmen Bill, House of Lordo, 10th Nov. 1820, the- 18th April, 1853, 108 ib. 410. further consideration of the bill was- ♦ New Zealand Government Act put off for six months, 53 L. J. 762. Amendment Bill, 7th Aug. 1857, THIRD READING. 473 ''xix"^ in the House of Commons, as, according to established practice, that question, being practically obsolete, is inyari- ably omitted, though the form is preserved upon the journal ; ^ and thus, according to established usage, a bill, Rules, when read the third time, has passed, and consequently the No'^'2'^6'2 ' question thereon is not put from the chair.^ An entry is occasionally made in the journal, at the discretion of the house, that a bill was read the third time and passed, nemine contradicente.^ In the Lords, the original title of a bill is amended at Title of any stage at which amendments are admissible, when amended. alterations in the body of the bill have rendered any change in the title necessary : but in the Commons, the original Title title is not amended, during the progress of the bill, to amended in jemjer it conformable with amendments which may have commttee, •' see p. 462. been made to the bill since its first introduction, unless the house agree to divide one bill into two, or combine two into one, or the committee have amended the title. Such amendments are accordingly offered to the title on the third reading stage of a bill.* When amendments to a bill are material, the short title by which the bill is distin- guished in the votes is also altered.^ It may be as well to Temporary recall to mind, in this place, that standing order No. 45 of ^^^' the Commons directs that the precise duration of every Appendix, temporary law shall be expressed in a distinct clause at the ^' end of the bill. By Act 48 Geo. III. c. 106, if a bill be in Parliament for ' Under the former procedure, ' Mr. Speaker's Retirement Bill, the question, " That this bill do 1857, was passed nem. con., whereon pass," has been negatived, and de- the Speaker addressed his acknow- bate and divisions have taken place "ledgments to the house, 112 ib. 110. thereon, 76 0. J. 413; 80 ib. 617; See debate and motion regarding 89 ib. 497; Tests Abolition (Oxford) this entry on the occasion of the Bill, 1864, 119 ib. 388; Eeform Bill, Eepresentation of the People Bill, 1831, 86 ib. 860 ; Ecclesiastical Titles 26th and 27th June, 1884, 139 C. J. Bill, 1851, 106 ib. 335; Succession 321.324; 289 H. D. 3 s. 1561. Duty Bill, 1853, 108 ib. 692 ; Edu- * 104 C. J. 581 ; 105 ib. 338; 117 cation (Scotland) Bill, 12th July, ib. 378. 1855. 110 ib. 372 ; 117 ib. 383. « 109 ib. 316 ; 111 ib. 309 ; 112 ' 258 H. D. 3 s. 1832; 289 ib. ib. 384; 116 ib. 378. 392; 135 ib. 48. 1583. 323. 474 BILLS SENT TO THE OTHER HOUSE. the continuance of any temporary Act, and such Act expires Chapter before the royal assent is given to the bill, the Act to be !_ continued does not lapse in the interval. The bill Throughout all these stages and proceedings, the bill Alteration altered * itsclf Continues in the custody of the Clerk or other officers first read- than b ''" ^^ *^^ house, and no alteration whatever is permitted to be ^^3 "' ^' amend- made in it, without the express authority of the house or ment. . • ■, i. \ i i i a committee, m the form of an amendment regularly put from the chair, and recorded by the clerks at the table or by the chairman in committee.^ Communi- The next step is to communicate the bill to the other LOTds to™ house. It has been already stated (p. 411) that the Lords Commons, ordinarily send their bills to the Commons by the Clerk of the Parliaments, or a clerk at the table. When the bill has originated in the Lords, " a message is ordered to be sent to the House of Commons to carry down the said bill, and desire their concurrence." If the bill" has been sent up from the Commons, and has been agreed to without amendment, the Lords send a message " to acquaint them that the Lords have agreed to the said bill without any amendment," but do not return the bill : but if they have made amendments, they return the bill with a message, " that the Lords have agreed to the same with some amend- ments, to which their lordships desire their concurrence." From The Commons send up their bills to the Lords by their tolOTds.' ^^^^'^> or by one of the clerks at the table, who delivers it at the bar, to one of the clerks at the table of that house. The form of message adopted by the Commons in sending bills to the upper house is similar, mutatis mutandis, to that used by the House of Lords. The Lords, by standing order No. 38, direct " that when a bill brought from the House of Commons shall have remained on the table of this house for twelve sitting days, without any lord giving notice of the second reading thereof, such bill shall not any longer appear among the bills in progress, and shall not be further ' See debate, 3i'd June, 1782, as to grossment of a bill for regulating alterations alleged to have been made the pay office, 23 Pari. Hist. 989 ; without authority by Mr. Burke, 3 Wraxall's Mem, 431. paymaster of the forces, in tl)e in- BILLS SENT TO THE OTHEE HOUSE, 475 Chapter proceeded with ia the same session, except after eight ' sitting days' notice given by a lord of the second reading thereof; provided that such notice shall not be given after the first day of August." And in 1873, the Public Worship Facilities Bill, brought from the Commons, having come under the operation of this order, was accordingly removed from the minutes. But on the 20th May, the standing order was suspended in respect of that bill, which was allowed to proceed. Again, in 1870, the Common Law Procedure Bill, having fallen under the operation of this order, was revived on the 26th April, with a slight alteration in the title. In 1886, however, the Lords refused to suspend standing order No. 38 in the case of the Copyhold Enfranchisement Bill.^ Every bill received from the Lords, except appropriation bills (see p. 562), when passed, with or without amendments, is returned to them by the Commons, the House of Lords being the^place of custody for bills, prior to the royal assent. If a bill or clause be carried to the other house by mistake. Bills sent or if any other error be discovered, a message is sent to have ^ ™'^*^ °" the bill returned, or the clause expunged, or the error other- wise rectified by the proper officer.^ In 1844, an amendment made by the Lords, in the Merchant Seamen's Bill, was omitted from the paper of amendments returned with the bill to the Commons. After all the amendments received by the Commons had been agreed to, they were informed by the Lords that an amendment had been omitted, by mistake, desiring their concurrence: but, at the instance of the Speaker, the Commons declined to take the amendment into consideration, and the Lords did not insist upon it.^ By standing order, No. 43, Lords' amendments to public Considera- bills are appointed to be considered on a future day, unless, lotiIs' amend- ments. ' 118 L. J. 261. Burial Acts Amendment Bill, 1857, 2 1 C. J. 132 ; 75 ib. 447 ; 78 ib. 112 ib. 420 ; Hereford and Brecon 317; 80 ib. 512; 91 ib. 639. 646; Eailway Bill, 1859, 114 ib. 241; 92 ib. 572. 609 ; Lunatic Asylums 119 ib. 370. 874. Bill, 100 ib. 804 ; Poor Employ- ' 99 ib. 637. 638. 644 ; 76 H. D. ment (Ireland) Bill, 101 ib. 1277; 3 s. 1994. Cruelty to Animals BUI, 103 ib. 736; 476 LOEDS' AMENDMENTS. s. 0. 43, according to ordinary usage, the house shall order that the Chapter p. 830. ' amendments be considered forthwith;^ though if objection —^ — be taken, the consideration of the amendments may be madewith- deferred. Occasionally, also, if the proceeding be required <>"* "°*''^«' S66 p. JOUr by the state of public business, the reading of the orders of the day has been interrupted by the communication of a Procedure Lords' message to the house (see p. 257), and the amendments ^^/^y to the bill thereby transmitted to the Commons have been ^^^ P- 24*- considered forthwith.^ Amendments more than verbal are, if it be desirable, ordered to be printed and circulated with the notice paper ; and an order has been made that the bill, as amended by the Lords, be printed.^ When the order of the day is read for considering Lords' amendments to a bill, a question is put, "That the Lords' amendments be now taken into consideration ; " to which an amendment may be moved, to leave out "now," and add "this day three months," or to leave out " now taken into consideration," and add " laid aside : " * but generally the house proceeds to the consideration of the amendments, which, after being read a second time, are severally agreed to, or otherwise disposed of. The order for the consideration of Lords' amendments has also^been read and postponed. And during the con- sideration of such amendments certain amendments have been read and postponed, and subsequent amendments taken into consideration.^ Where the Lords have added a clause, leaving a blank for a penalty, the house has gone into com- mittee on the clause, and filled up the blank.^ When the Procedure question for agreeing to an amendment is before the house, ^™^ an amendment to insert " not " is inadmissible, as that P- ^''^• question may be voted against, and negatived, when put from the chair.'' In debate on a Lords' amendment no reply or second speech is permitted on the motion that the » 110 C. J. 458. 464, &o. ; 135 H. Bill, 12th Aug. 1887, 319 H. D. 3 s. D. 3 s. 1411; 225 ib, 650. 263-304; 142 C. J. 456; see also 2 8th June, 1891, 146 C. J. 340. Tithe, &o., Bill, 19th March, 1891, ' 111 ib. 812. 324 ; 131 ib. 365. 351 H. D. 3 s. 1470. » 113 ib. 349; 97 ib. 278; 99 ib. « 123 ib. 345; 125 ib. 398; 126 ib. 572; 108 ib. 393. 420. » 90 ib. 624 ; Irislr Land Law ' 12th Aug. 1876, 231 ib. 1176. PEOCEDDEB ON AMENDMENTS. 477 Chapter house do agree or disagree thereto : ^ debate also must be ! confined to the amendment, and may not extend to the general merits of the bill.^ If one house agree to a bill passed by the other, without Amend- any amendment, no further discussion or question can arise agreed upon it ; but the bill is ready to be put into the commission^ Imended for receiving the royal assent. If a bill be returned from one house to another with amendments, these amendments must either be agreed to by the house which had first passed Agreement ^^^ ^i^^j o^ t^^ other house must waivs their amendments : to amend- otherwise the bill will be lost. Sometimes one house agrees ments tn- ° sistedupon to the amendments, with amendments, to which the other other house, house agrees.* Occasionally, this interchange of amend- Orders'&c. ^011*8 is Carried even further, and one house agrees to No. 267, p. amendments with amendments, to which the other house ■853. agrees with amendments ; to which, also, the first house in Consequen- its turn agrees.* In some cases the Lords have left out ^^11'™'° " clauses or words, to which amendments the Commons have disagreed : but on restoring such clauses or words have, at the same time, proposed to amend them.^ A Lords' amend- ment has been divided, and a separate question put upon each part of it.^ Sometimes one house does not insist upon its amendments, but makes other amendments.' When an amendment made by the Lords has been agreed to, by mistake, with an amendment, the proceedings have been ordered to be null and void, and the amendment disagreed to.^ An amendment made by one house to an amendment made by the other, should be relevant to the same subject- matter. And if an amendment be proposed to a Lords' ' 197 H. D. 3 s. 1949. Land Law (Ireland) Bill, 1881, and 2 241 ib. 846. 1059. the Arrears of Eent (Ireland) Bill, ' 90 0. J. 624. 626. 629. The title 1882. of a bill has been amended, to make ' Municipal Corporations (Ireland) it conform to the Lords' amendments. Bill, 4th Aug. 1838, 93 ib. 824-826 ; 109 ib. 486. 118 ib. 326. 365 ; 125 ib. .346 ; 127 * 111 ib. 373 ; 112 ib. 416 ; 118 ib. ib. 305. 343 ; 128 ib. 346. 356. 581. 412; 125 ib. 384; 127 ib. 158. ° Irish Church Bill, 1869, 124 ib. 413; 128 ib. 128. 357; 138 ib. 478. 332. 486. For examples of an interchange ' 125 ib. 403. of amendments between the two " Ware, &c., Railway Bill, 1858, houses, see the proceedings on the 113 ib. 264. 478 lords' amendments. amendment, not consequent on, or relevant to, such amend- *'^^®'^ ment, the question will not be put from the chair.^ A departure from this rule was permitted, under peculiar cir- cumstances, in the case of the Bolton Police Bill, 1839 : but the Lords agreed to it with a special entry in the journal, that it was not to be drawn into a precedent ; and a protest was signed by five very influential peers against agreeing to the amendment.^ It is also a rule, that neither house may, at this time, leave out or otherwise amend anything which they have already passed themselves; unless such amendment be immediately consequent upon the accept- ance or the rejection of an amendment of the other house. In 1678, it was stated by the Commons at a conference, " that it is contrary to the constant method and proceedings in Parliament, to strike out anything in a bill which hath been fully agreed and passed by both houses;"^ and in allowing consequential amendments, either in the body of the bill, or in the amendments, the spirit of this rule is still maintained.* So binding, indeed, has it been held, that in 1850, a serious oversight, as to the commencement of the Act, having been discovered in the Pirates' Head Money Bill, before the Lords' amendments had been agreed to, no attempt was made to correct it by way of amendment,^ but a separate Act was passed for the purpose. ^ Amend- Procedure on amendments by the Lords to a bill which See th affe°Hng affect the privileges of the Commons, in regard to matters zords,and privilege, ^f g^j^ qj. guppjy ig considered elsewhere. charges rr J ' upon the people, p. > 115 0. J. 494. Debts) Bill, 1859. la this case the 5*2- '■' 71 L. J. 643. Commons disagreed to a clause in- 2 1 0. J. 388 ; 9 ib. 547. serted by the Lords, on the ground of ' Municipal Corporations (Ireland) privilege, but inadvertently agreed Bills, 1836, 1838, and 1840, 91 ib. to a subsequent amendment, -which 592 ; 93 ib. 829 ; 95 ib. 604 ; 97 ib. was consequent on that clause. The 577. 597 ; Parliamentary Voters (Ire- Lords did not insist upon their clause, land) Bill, aud County Courts Ex- and corrected the latter part of the tension Bill, 1850, 105 ib. 592. 596. bill by a consequential amendment, 631; Patent Law Amendment Bill, 114 ib. 375. Other examples will 1852, 107 ib. 358 ; Oxford University be found, 115 ib. 394. 491. 495. 501 ; Bill, 1854, 135 H. D. 3 s. 828 ; 117 ib. 344. 368 ; 121 ib. 472 ; 131 ib. Dulwich College Bill, 1857, 112 C. J. 268. 422. 420 ; Poor Law Boards (Payment of ' 105 lb. 471. PKOCEDURE ON AMENDMENTS. 479 Chapter When it is determined to disagree to amendments made when '- — by the other house : 1. An order may be made that the ^j^ "^lig. bill, or the Lords' amendments, be laid aside ; ^ or the order ^g'^'** t^"- for the consideration of the Lords' amendments may be discharged, and the bill withdrawn ; ^ 2. The consideration of the amendments may be put off for three or six months, or to any time beyond the probable duration of the session;* 3. A message may be sent to communicate reasons, which See inter- are drawn up by a committee appointed forthwith for that ruption of . . proceed- purpose,* for disagreeing to the amendments ; ^ or, 4. A con- tngs,]). . (jQjjfej.ence maybe desired with the other house (see p. 412). ^"''"^■ According to established usage, when a bill has been re- turned by either house to the other, with amendments which are disagreed to, a message is sent, or a conference is desired, by the house which disagrees to the amendment, to acquaint the other with the reasons for such disagreement, in order to reconcile their differences, and, if possible, by mutual concessions to arrive at an ultimate agreement. If such agreement cannot be secured, the bill is lost for the session (see p. 546). When one house agrees to amendments made by the When other, or does not insist upon its own amendments, or upon agrees or its disagreement to amendments, no reasons are offered ; f°gYst°°no the object of reasons being to persuade the other house, reasons are 1 . I. . rn 1 offered. and not to justify a resolution of its own. Thus, on the 21st July, 1858, the Lords having made an amendment to the Oaths Bill, upon which they insisted, after reasons had been offered against it, at a conference : but having in the meantime passed a separate bill virtually to effect the same object — the admission of Jews to Parliament, — the Commons, in order to record the true circumstances of the case, without departing from the usage of Parliament, agreed to a resolution, " That this house does not consider 1 110 0. J. 417. Bill, 1881, 136 ib. 453, etc. ' 111 ib. 880. 386. ' A message has been sent to the ' 94 ib. 546 ; 141 ib. 271. Lords that the Commons insist on ■■ 106 ib. 438 ; 108 ib. 809. Eepre- their disagreement to the Lords' sentation of the People Bill, 1867, amendments : but the course is un- 122 ib. 440 ; Land Law (Ireland) usual, 133 ib. 377. 480 THE KOTAL ASSENT TO BILLS. it necessary to examine the reasons offered by the Lords Chapter . . XIX. for insisting upon the exclusion of Jews from Parliament, L_ as, by a bill of the present session, their lordships have provided means for the admission of persons professing the Jewish religion, to seats in the legislature." After which a message was sent to acquaint the Lords that the house did not insist upon their disagreement, without any reasons.^ Indorse- The official record of the assent of one house to bills bills. passed, or amendments made by the other, is by indorse- ment of the bill in old Norman French. Thus, when a bill is passed by the Commons, the Clerk of the house ^ writes upon the top of it, " Soit haille aux seigneurs." When the Lords make amendments, it is returned with an indorse- ment, signed by the Clerk of the Parliaments, " A ceste iille avesque des amendemens les seigneurs sont assenfus." When it is sent back with these amendments agreed to, the Clerk of the House of Commons writes, "A ces amendemens les communes sont assentus;" and bills are communicated by the Lords to the Commons with similar indorsements, mutatis mutandis. When amendments are disagreed to, such disagreement is not indorsed upon the bill, but forms the subject of a message. If amendments made by the Lords are agreed to by the Commons, the latter return the bill with the message signify- ing their agreement. If amendments made by the Commons are agreed to by the Lords, their lordships send a message,* but retain the bill for the royal assent (see p. 475). Royal When bills have been fiually agreed to by both houses, they only await the royal assent to give them, as Lord Hale says, " the complement and perfection of a law ; " * and from that sanction they cannot legally be withheld.^ So binding is this principle, that doubts have arisen whether a Com- mons' bill may be read a third time and passed by the 1 113 0. J. 332. Hatsell, 591. ' lu his absence, the clerk assistant * Jurisd. of Lords, o. 2. is authorized to indorse bills. » See 2 Hatsell, 339 ; 13 L. J. 756 ; ^ This message has been received 2 Burnet's Own Time, 274 ; 3 Lord by the Commons after the royal Campbell's Lives of the Chancellors, assent has been given to the bill, 2 354. assent. THE EOYAL ASSENT TO BILLS. 481 Chapter XIX. Assent to appropria- tion bills, see p. 483. Soyal as- sent given in person, see p. 485. Lords, without amendment, after a commission has been submitted to the Queen, and before it is brought down to Parliament. For this reason, procedure on third readings and on Lords' amendments has been postponed : but this has not been an invariable practice.^ On the 3rd June, 1856, the Commons having adjourned, for want of forty members, before a commission was received, another com- mission was appointed for the 5th, and in the mean time intimation was given that no bills should be returned to the Lords agreed to without amendment, or with Lords' amendments agreed to, until after the commission, lest it should become necessary to alter the commission, so as to embrace them. For the purpose of obtaining the royal assent, bills remain in the custody of the Clerk of the Parliaments, except money bills, which are returned to the Commons before the royal assent is given; and when the necessity arises, the lord chancellor has notice that a commission is wanted. The Clerk of the Parliaments then prepares two sets of the titles of all the bills, each title being stated on a separate piece of paper: one set being for the Clerk of the Crown to insert in the commission, and the other for her Majesty's inspection, before she signs the commission.^ Money bills are placed first in these sets, which are followed by public bills, local and personal, and private bills. When the Queen comes in person to give her royal assent, the clerk assistant of the House of Lords waits upon her Majesty in the robing-room,^ before she enters the house, reads a list of the bills, and receives her commands upon them.* During the progress of a session, the royal assent is gene- g com- Kiission. » See Whale Fisheries Bill, 10th July, 1789, 38 L. J. 497. * The forms of commissions for declaring the royal assent, when Parliament has been opened by the Queen, and by commission, are pre- scribed by the rules made by her Majesty by order in council, pur- suant to the Crown OflSce Act, 1877. Pari. Papers, 1878 (87). These oom- P. missions now have the wafer great seal attached, instead of the old wax seal. ' Mr. Birch's Evidence, p. 10, No. 413, of 1843. * The idea that a session was con- cluded by the royal assent being signified to a bill, ceased to exist mors than two centuries ago. 2 I sion. 482 THE EOYAL ASSENT TO BILLS. rally given by a commission issued under the great seal for Chapter Origin of that puTpose. The first instance in which the royal assent '— royal as- appears to have been given by commission was in the 33rd commL Henry VIII., although proceedings very similar had oc- curred in the 23rd and 25th years of the reign of that king.* The lord chancellor produced two Acts agreed to by the Lords and Commons ; one for the attainder of the queen and TnformaUty her accomplices ; and the other for proceeding against luna- mission, see tics in cases of treason ; each Act being signed by the king, P' '^^'^' and the royal assent being signified by a commission under the great seal, signed by the king, and annexed to both the Acts.^ To prevent any doubts as to the legality of this mode of assenting to an Act, the two following clauses were put into the Act for the attainder of the queen, enacting " That the king's royal assent, by his letters patent under his great seal and assigned with his hand, and declared -and notified in his ab- sence to the Lords spiritual and temporal, and to the Commons assembled together in the high house, is and ever was of as good force as though the king's person had been there personally present, and had assented openly and publickly to the same : — And that this royal assent, and all other royal assents hereafter to be so given by the kings of this realm, shall be effectual to all intents and purposes." ' commis- Form of In strict compliance with the words of this statute, the commission is always, "by the Queen herself, signed with her own hand," and attested by the Clerk of the Crown in chancery. But on the 7th March, 1702, William III. signed, with a stamp, the commission assenting to the Abjuration Act.* And towards the latter end of the reign of George IV., it became painful to him to sign any instrument with his own hand, and he was enabled, by statute, to appoint one or more person or persons, with full power and authority to each of them to affix, in his Majesty's presence, and by his Majesty's command, given by word of mouth, his Majesty's royal signature, by means of a stamp to be prepared for that purpose;^ and the commission for giving the royal • 33 Hen. VIII. o. 21; Stat, of Ixxiv. the Eealm, vol. i. p. Ixxili. • 5 Macaulay, Hist. 308. » 1 L. J. 176. = 11 Geo. IV. c. 23. ' Stat, of the Eealm, vol. i. p. " THE EOYAIi ASSENT TO BILLS. 483 Chapter assent to bills on the 17th June, 1830, bears the stamp of the '— king, attested according to the provisions of that Act.^ On the 5th February, 1811, the Eegency Bill received the Regency royal assent by commission, under peculiar circumstances, ' The king was incapable of exercising any personal autho- rity : but the great seal was nevertheless affixed to a com- mission for giving the royal assent to that bill. When the Commons had been summoned to the bar of the House of Lords by the lords commissioners, the lord chancellor said, " My lords and gentlemen, by the commands, and by virtue of the powers and authority to us given by the said commis- sion, we do declare and notify his Majesty's royal assent to the Act in the said commission mentioned, and the clerks are required to pass the same in the usual form and words ; " after which the royal assent was signified by the Clerk in the usual words, " Le roy le vault." ^ The form in which the royal assent is signified by com- Form of mission is as follows. Three or more of the lords commis- asfent by sioners, seated on a form between the throne and the wool- ™™™'^- ' sion. sack in the House of Lords, command the usher of the Black Forms of Kod to signify to the Commons that their attendance is ^evv>"' desired in the house of peers to hear the commission read, 168. 169. upon which the Commons, with the Speaker, immediately come to the bar. The commission is then read at length, and the titles of the bills being afterwards read by the Clerk of the Crown, the royal assent to each is signified by the Clerk of the Parliaments, in Norman French ; and is so entered in the Lords' Journal. A supply bill (see p. 562) being carried up by the Clerk of the House of Commons, is handed to the Clerk of the Parliaments by the Speaker, and receives the royal assent before all other bills. The assent is pronounced in the words, " La reyne remercie ses hons sujets, aceepte leur henevolence, et ainsi le veult." For a public bill the form of expression is, " La, reyne le veult ; " for a private bill, " Soit fait eomme il est desire;" upon a > 62 L. J. 732. (Commons) ; 1st and 9tli March, ■' 48 ib. 70 ; Pari. Debates, 1124 ; 1804 (Lords) ; 1 Twiss, Life of see also Debates, 27th Feb. 1804 Eldon, 2nd edit. 416. 418. 484 THE EOYAL ASSENT TO BILLS. petition demanding a right, whether public or private, Chapter " Soi droit fait comme il est desire." In an act of grace or '— pardon which has the royal assent before it is agreed to by the two houses, the ancient form of assent was, "Les prelafs, seigneurs, et communes, en ee present parlment assemhlees, au nom de touts vos autres sujets, remercient tres humblemeni vostre majeste, et prient a Bieu vous donner en sante bonne vie et longue ; " ^ but according to more modern practice, the royal assent has been signified in the usual form, as to a public Royal bill.^ The form of words used to express a denial of the assent re- , , . »i q mi fused. royal assent would be, "La reyne s avisera. ° ihe necessity of refusing the royal assent is removed by the strict ob- servance of the constitutional principle, that the Crown has no will but that of its ministers, who only continue to serve in that capacity so long as they retain the confidence of Parliament. This power was last exercised in 1707, when Queen Anne refused her assent to a bill for settling the militia in Scotland.* Use of the During the Commonwealth, the lord protector gave his French. asscnt to bills in English : but on the Eestoration, the old form of words was reverted to ; and only one attempt has since been made to abolish it. In 1706, the Lords passed a bill " for abolishing the use of the French tongue in all proceedings in Parliament and courts of justice." This bill dropped in the House of Commons ; and although an Act passed in 1731 for conducting all proceedings in courts of justice in English, no alteration was made in the old forms used in Parliament. Until the latter part of the reign of Edward III., all parliamentary proceedings were conducted in French, and the use of English was exceedingly rare until the reign of Henry VI. All the statutes were then enrolled in French or Latin, but the royal assent was occasionally given in English. Since the reign of Henry VII,, all other proceedings have been in the English language, but the old form of royal assent has been retained.^ ' D'Bwea, Journ. 35. * 18 ib. 506. "^ 20 L. J. 546; 27 ib. 137. ' See Pref. to Statutes of tbeKealm, »1 ib. 162; 18 ib. 394 (with and Eep. of Stat. Law Commrs. 1835 reasons) ; 18 ib. 506. (406), p. 16. THE BOYAL ASSENT TO BILLS. 485 Chapter The royal assent is rarely given in person, except at the Given by close of a session, when the Queen attends to prorogue the in person? Proroga- Parliament, and then she signifies her assent to such bills as Queen in may have passed since the last commission was issued : but p^"o2' ^°° ^'^'^ ^^^ making provision for the honour and dignity of the Crown, such as bills for settling the civil lists, have generally been assented to by the sovereign in person, immediately Titles of after they have passed both houses.^ When her Majesty gives OliiS SUO- mitted to her royal assent to bills in person, the Clerk of the Crown eee p.'48i'. ^^^ads the titles, and the Clerk of the Parliaments makes an obeisance to the throne, and then signifies her Majesty's assent, in the manner already described. A gentle inclina- tion, indicative of assent, is given by her Majesty, who has, however, already given her commands to the Clerk of the Parliaments, as already stated. During the year 1876, her Majesty being about to visit Givenwhen the continent during the session, it became a question absgnt'frora whether her Majesty could give her royal assent to bills, by ^^^ realm. commission, during her absence from the realm. No case could be found in which the royal assent had been so given : but in the 2nd William and Mary, "for the exercise of the Government by his Majesty during his Majesty's absence " (in Ireland), there was a proviso that "nothing should be taken to exclude or debar his Majesty, during his absence from the realm, from the exercise of any act of royal power, but that every such act should be as good and effectual as if his Majesty was within this realm ; " and it had been stated by the lord chancellor (Lyndhurst), 7th August, 1845, that any act which her Majesty " could do as sovereign ' See Civil List Bills, 1820, 75 0. platform raised for that purpose be- J. 258 ; 1831, 86 ib. 517 ; 1838, 93 ib. tween tiie archbishops' bench and the 227. On the 2nd Aug. 1831, the bishops' door, and after the royal as- Speaker, after a short speech in re- sent was pronounced, her Majesty lation to the bill for supporting the stood up and made three courtesies, royal dignity of her Majesty Queen one to the king, one to the Lords, and Adelaide, delivered it to the Clerk, one to the Commons. 63 L. J. 885, when it received the royal assent in the and Index to that volume, p. 1157. usual form : but the Queen, attended The precedent here followed was that by one of the ladies of her bedcham- of George III. and Queen Charlotte ; ber, and her maids of honour, was pre- Earl Grey's Corr. with Will. IV., i. fient, and sat in a chair placed on a 314. 486 THE KOYAL ASSENT TO BILLS. would have as much validity and effect, if done on the con- Chapter tinent of Europe, as if done in her own dominions." ^ The ^ lord chancellor (Cairns) also, in 1876, gave it as his opinion (privately) that her Majesty would be able to give the royal assent to bills while absent from the realm ; and this course has been followed whenever the necessity arose. Ingross- When Acts are passed, the original ingrossment rolls (or, since 1849, the authenticated vellum prints) are preserved in the House of Lords ; and all public and local and personal Acts, and nearly all private Acts, are printed by the Queen's printer ; ^ and printed copies are referred to as evidence in courts of law. The original rolls or prints may also be seen when necessary, and copies taken, on the payment of certain Commence- All Acts of Parliament, of which the commencement was Act. not specifically enacted, were formerly held, in law, to take effect from the first day of the session : but the Clerk or clerk assistant of the Parliaments is now required by Act 33 Geo. III. c. 13, to indorse, in English, on every Act of Parliament, immediately after the title, the day, month, and year when the same shall have passed and received the royal assent, which indorsement is to be a part of the Act, and to be the date of its commencement, when no other commence- ment is provided in the Act itself. Forms not The foTms commonly observed by both houses, in the- the pro-'" passing of bills, having been explained, it must be under- gress of stood that they are not absolutely binding. Though founded upon long parliamentary usage, either house may vary its- own peculiar forms, without question elsewhere, and without affecting the validity of any act which has received, in proper form, the ultimate sanction of the three branches of the- legislature. If an informality be discovered during the progress of a bill, the house in which it originated will either order the bill to be withdrawn, or will annul the in- formal proceeding itself, and all subsequent proceedings : * ' 82H. D. 3 a. 1515. 687. = See debate on printer's error in » 106 0. J. 82. 209; 108 ib. 412.- the Elementary Education Act, 1891, 578; 109 ib. 96; 114 ib. 138; 134 ib, ' 18th Feb. 1892, 1 Pari. Deb. 4 s, 300. BILL PASSED WITH EXPEDITION. 487 *'x*ix^'^ but if irregularities escape detection until the bill has passed, no subsequent notice can be taken of them, as it is the business of each house to enforce compliance with its own orders and practice. Bills read In the Ordinary progress of a bill, the proceedings either Bills passed fortiiwiiJr ^ollow from day to day, or some days are allowed to inter- us'uaiTx'- see p. 472. vene between each stage subsequent to the first reading ; yet P^'^''"'"- Procedure when a pressing emergency arises, bills are passed through all nity hills, their stages in the same day, and even by both houses,^ and ^' ' the royal assent has also been signified on the same day.^ This unusual expedition is, in the Lords, at variance with standing order No. 39, which strictly forbids the passing of a bill through more than one stage in a day, and which is formally dispensed with on such occasions.^ On the 9th Suspension April, 1883, no notice having been given on the previous day orderr^'"^ to Suspend the standing orders in regard to the Explosive Lords, see Substances Bill, the house resolved, " That it was essentially necessary for the public safety that the bill should be pro- ceeded in with all possible despatch, and that notwithstanding the standing orders, the lord chancellor ought forthwith to put the question upon every stage of the said bill, on which this house shall think it necessary for the public safety to proceed thereon ; " and immediately passed the bill through all its stages.* In the Commons, there are no orders which forbid the passing of public bills with unusual expe- dition ; and it is nothing more than an occasional departure from the usage of Parliament, justified by the circumstances ■ 58 C. J. 645. 646 ; 98 ib. 491 ; 103 houses having been comraunioated ib. 770 ; 107 ib. 77. 363. 378 ; 108 ib. later in the day by telegraph, her 21 ; 110 ib. 294 ; 121 ib. 239. Majesty signed the commission and ^ Bill for recruiting the land forces, despatched it to Westminster. In 3rd April, 1744, 24 ib. 636-639 ; 1871, the Queen being at Balmoral, Seamen's Additional Pay Bill, 9th and again, in 1876, while the Queen May, 1797, 52 ib. 555. 557. 558. was in Germany, the telegraph was Habeas Corpus Suspension (Ireland) used in like manner. On the 9th Bill, 17th Feb. 1866, 121 ib. 88. In April, 1883 (138 ib. 127. 128), the this latter case, the bill was passed Explosive Substances Bill was passed by both houses on a Saturday, and through all its stages, in both houses, the Queen being at Osborne, the and received the royal assent on the oonunission, with the bill annexed, following day at twelve o'clock, was forwarded to her Majesty in the ' SOL. J. 661 ; 98 ib. 41. morning, and the agreement of both * 115 ib. 76. 488 BILLS, INFORMALITIES. of the particular case, sanctioned by the general concurrence Chapter of the house (see p. 472^, as, though one stage may follow !_ another with unaccustomed rapidity, they are as open to discussion as at other times.^ infoima- But, though a departure from the usage of Parliament, agreement^ during the progress of a bill, will not vitiate a statute, of both informalities in the final agreement of both houses have been treated as if they would affect its validity. No de- cision of a court of law upon this question has ever been obtained : but doubts have arisen there ; and in two modern cases Parliament has thought it advisable to correct, by law, irregularities of this description. It has already been explained that, when one house has made amendments to a bill passed by the other, it must return the bill with the amendments, for the agreement of that house which first passed it. Without such a proceeding, the assent of both houses could not be complete; for, however trivial the amendments may be, the judgment of one house only would be given upon them, and the entire bill, as amended and ready to become law, would not have received the formal concurrence of both houses. If, therefore, a bill should receive the royal assent, without the amendments made by one house having been communicated to the other and agreed to, serious doubts naturally arise concerning the effect of this omission; since the assent of the Queen, Lords, and Commons is essential to the validity of an Act. 1. Will the royal assent cure all prior irregularities, in the same way as the passing of a bill in the Lords would pre- clude inquiry as to informalities in any previous stage? 2. Is the indorsement on the bill, recording the assent of Queen, Lords, and Commons, conclusive evidence of that fact ? or, 3. May the journals of either house be permitted to contradict it ? The first case in which a difiSculty arose was in the 33rd ton's case, Henry VI. In the session commencing 29th April, 1450, VI. the Commons passed a bill requiring John Pylkington to appear, on a charge of rape, "by the Feast of Pentecost ' 184 H. D. 3 s. 2107. BILLS, INFOEMALITIBS. 489 ^^K*' *^®'^ "^^^ fiiisuing." ^ It does not appear distinctly whether the bill was even brought into the Commons before that day in the year 1450 : but it certainly was not agreed to by the Lords until afterwards. By the law of Parliament then subsisting, the date of an Act was reckoned from the beginning of a session ; and the Lords, to avoid this con- struction, altered the date to " the Feast of Pentecost, which will be in the year of our Lord 1451 : " but did not return the bill, so amended, to the Commons. Pylkington ap- peared before the Exchequer Chamber, to impeach the validity of this Act, " because the Lords had granted a longer day than was granted by the Commons, in which case the Commons ought to have had the bill back." Chief Justice Fortescue held the Act to be valid, as it had been certified by the king's writ to have been confirmed by Parliament ; though he added these words to his deci- sion, " peradventure the matter ought to wait until the next Parliament, then we can be certified by them of tlie certainty of the matter." But Chief Baron Illingworth and Mr. Justice Markham were of opinion that if the amendment made the bill vary in effect from that which was sent up from the Commons, the Act would be invalid. In 1829, a bill " to amend the law relating to the employ- Factories ment of children in factories," passed the Commons, and was agreed to by the Lords, with an amendment: but instead of being returned to the Commons, it was, by mis- take, included in a commission, and received the royal assent. The amendment was afterwards agreed to by the Commons : but, in order to remove all doubts, an Act ^ was passed to declare that the Act " shall be valid and effectual to all intents and purposes, as if the amendment made by the Lords had been agreed to by the Commons before the said Act received the royal assent." In 1843, the Schoolmasters' Widows' Fund (Scotland) Bill school- was returned to the Commons with amendments : but, before ™*j*^^'^' Widows these were agreed to, the bill was removed from the table, Fnnd Bill- ' Year Books, 33rd Henry VI. ; » 10 Geo. IV. c. 68. Pari. Eep. No. 413, of 1843. 490 BILLS, INFOBMALITIES. Imparfect indorse- ment. Informa- lities in royal assent. Dake of Norfolk's attainder. without authority from the house, and carried up to the Lords with other bills. The proper indorsement, viz. " A ■ ces amendemens les communes sont assenius," was not upon this bill ; yet the omission was not observed, and the bill received the royal assent on the 9th May. After an examination of precedents, this Act was made valid by a new enactment.^ It is a curious fact, in connection with an informality of this character, on the face of a bill, that a commission expressly recites that the bills "have been agreed to by the Lords spiritual and temporal, and the Commons, and indorsed by them as hath been accustomed." The informality in this case would therefore appear to have been greater than in that of 1829 ; because, in the former, the endorsements were complete, and, as they are without date, it would not appear, except from the journals, that the amendment had been agreed to after the royal assent had been given : but in the latter, the agreement of the Commons would be wanting on the face of the record. In case of any accidental omission in the indorsement, the bill should be returned to the house whence it was received ; as, on the 8th March, 1580, 23rd Elizabeth, when a schedule was returned to the Commons and the indorsement amended there ; because " soit haille aux seigneurs '' had been omitted, and the Lords had therefore no warrant to proceed.^ Having noticed the effect of informalities in the consent of both houses to a bill, the last point that requires any observation is the consequence of a defect or informality in the commission or royal assent. On the 27th January, 1546, when King Henry VIII. was on his death-bed, the lord chancellor brought down a commission under the sign manual, and sealed with the great seal, addressed to himself and other lords, for giving the royal assent to the bill for the attainder of the Duke of Norfolk, which had been passed, with indecent haste, through both houses. Early the next Chapter XIX. ' 6 & 7 Vict. c. Ixxxvi. (local and and Course of Passing Bills in Parlla- personal). ment, 4to. 1641. ' D'Ewes, 303 ; 1 0. J. 132; Order BILLS, INFOBMALITIES. 491 Chapter morning the king died, and the duke was saved from the scaffold, but was imprisoned in the Tower during the whole reign of Edward VI. On the accession of Queen Mary, he took his seat in the House of Lords, was appointed to be one of . the triers of petitions ; and also, by patent, on the 17th August, to be lord high steward for the trial of the Buke of Northumberland. In the next session, the Act of Attainder was declared void by statute,^ because, after reciting certain informalities in the commission, no record existed showing that the com- missioners did give the king's royal consent to the bill, which therefore " remayneth in verie dede as no Aote of Parlyament, but as a bill onelie exhibited in the saide Parlyament, and onelie assented unto by the saide lordes and comons, and not by the saide late king." The same Act declared — " That the lawe of this realme is and alwaies hath byn, that the royall assent or consent of the king or kings of this realme, to any Acte of Parlyament ought to be given in his own royall presence, being personallio ia the higher howse of Parlyament, or by his letters patents under his great scale, assigned with his hande, and declared and notified in his absence to the lords spiritual and temporal, and the Comons, assembled together in the higher howse, according to a statute made in the 33rd yere of the reigne of the saide late King Henry VIII." In 1809, the titles of two bills relating to the town of Transposi- Worthing were transposed, and the royal assent signified to t^tfes". both, so incorrectly indorsed, without further notice. But, in 1821, the titles of two local Acts had been, by a similar error, transposed in the indorsement when the bills received the royal assent. Each Act, consequently, had been passed with the title belonging to the other ; and the mistake was corrected by Act of Parliament.^ In 1844, there were two Eastern Counties Eailway Bills Eoyal as- in Parliament. One had passed through all its stages, and bl^mfsteke the other was still pending in the House of Lords, when on the 10th May the royal assent was given, by mistake, to the ' 1 Mary, No. 27 ; Introduction to ' 1 & 2 Geo. IV. o. xcv. (local and Statutes of Bee. Com. p. 75. personal). 492 BILLS, INFOEMALITIBS. latter, instead of to the former. On the discovery of the Chapter error, an Act was passed by which it was enacted that when '. — the former Act shall have received the royal assent, it shall be as valid and effectual from the 10th May, as if it had been properly inserted in the commission, and had received the royal assent on that day ; and that the other bill shall be in the same state as if its title had not been inserted in the ■commission, and shall not be deemed to have received the royal assent.^ ' 7 Vict. 0. xix. (local and personal). PUBLIC PETITIONS. 493 Chapter CHAPTEE XX. XX. Table of MODE OF PETITIONING PAELIAMENT. Contents, see p. xxxu. The right of petitioning the Crown and Parliament, for Ancient redress of grievances, is acknowledged as a fundamental petition- principle of the constitution ; ^ and has been uninterruptedly '°°' exercised from very early times. Before the constitution of Parliament had assumed its present form, and while its judicial and legislative functions were ill-defined, petitions were presented to the Crown, and to the great councils of the realm, for the redress of those grievances which were beyond the jurisdiction of the common law. There are From petitions in the Tower of the date of Edward I., before to Henry' which time it is conjectured that the parties aggrieved came ^^• personally before the council, or preferred their complaints in the country before inquests composed of officers of the Crown. Assuming that the separation of the Lords and Commons had been effected in the reign of Henry III. (see p. 20), these petitions appear to have been addressed to the Lords alone : but, taking the later period, of the 17th Edward III., for the separation of the two houses, they must have been addressed to the whole body then constituting the High Court of Parliament. Be this as it may, it is certain that, from the reign of Edward I., until the last year of the reign of Eichard 11.,^ no petitions have been found which were addressed exclusively to the Commons. During this period, the petitions were, with few excep- Eeoeivers tions, for the redress of private wrongs ; and the mode of of pe'ti""* receiving and trying them was judicial rather than legisla- ''°"^- tive. Eeceivers of petitions were appointed, ordinarily the • "Nulli negabimua, aut differe- Bill of Eights, art. 5; 1 & 2 Will, mua rectum vel justitiam." — Magna & Mary, sess. 2, o. 2. Charta of King John, o. 29 ; see = 3 Eot. Pari. 448. 494 PUBLIC PETITIONS. XX. Receivers and triers still ap- pointed. Reign of Henry IV. Petitions to the Commons. Origin of private bills. Change of system. masters in chancery, who, sitting in some public place Chapter accessible to the people, received their complaints, and transmitted them to the auditors or triers. The triers were committees of prelates, peers, and judges. By them the petitions were examined ; and, if the common law offered no redress, their case was submitted to the High Court of Parliament.^ The functions of receivers and triers of peti- tions have long since given way to the immediate authority of Parliament at large : but their appointment, at the open- ing of every Parliament, has been continued by the House of Lords without interruption. They are still constituted as in ancient times, and their appointment and jurisdiction are expressed in Norman French.^ In the reign of Henry IV., petitions began to be addressed, in considerable numbers, to the House of Commons. The courts of equity had, in the mean time, relieved Parliament of much of its remedial jurisdiction ; and the petitions were now more in the nature of petitions for private bills than for equitable remedies for private wrongs. Of this character were many of the earliest petitions ; and the orders of Par- liament upon them can only be regarded as special statutes, of private or local application. As the limits of judicature and legislation became defined, the petitions applied more distinctly for legislative remedies, and were preferred to Parliament through the Commons : ^ but in passing private bills, Parliament has retained the mixed judicial and legis- lative character of ancient times. Proceeding to later times, petitions continued to be received in the Lords, by triers and receivers of petitions, or by com- mittees whose office was of a siutiilar character ; and in the Commons, they were referred to the committee of grievances, and to other committees specially appointed for the examina- 13 ' See Elsynge, chap. 8 ; Coke, 4th Inst. 11. ' There are receivers and triers for Great Britain and Ireland; and others for Gasoony and the lands and countries beyond the sea, and the Isles. No spiritual lords are now appointed triers, 73 L. J. 579 ; 80 ib. 89 ib. 11. ' See 1 Pari. Writs, 160; 2 lb. 156; 3 Hot. Pari. 448; Coke, 4th Inst. 11. 21. 24; Elsynge, chap. 8; Hale, Jurisd. of the Lords, chap. 6-13 ; Report on Petitions, 1833 (j^j) ; especially the learned evidence of Sir F. Palgrave. PUBLIC PETITIONS. 495 Chafer tion and report of petitions : ^ but since the Commonwealth, it appears to have been the practice of both houses to con- sider petitions in the first instance,^ and only to refer the examination of them, in particular cases, to committees. In early times, all petitions prayed for the redress of some specific grievance : but after the Eevolution of 1688, the pre- sent practice of petitioning, in respect of general measures of public policy, was gradually introduced.^ Regarding the presentation of petitions to Parliament, Tamui- Meeting of statute 13 Car. II. c. 5, " enacts that no person shall sentatim ' Tnent^es repair to both or either of the houses of Parliament upon ^^^^*'" p. 179. pretence of presenting any petition, accompanied with an excessive number of persons, nor, at any one time, with above the number of ten persons ; " and, under statute 57 Geo. III. c. 19, s. 23, " a meeting of more than fifty persons within the distance of one mile from the gate of Westminster Hall, for the purpose of considering any peti- tion to both or either house of Parliament, on any day on which the two houses, or either house, shall meet and sit, is an unlawful assembly." The existing practice in regard to petitions shall be con- sidered under three divisions : viz. 1. The form of petitions; 2. The character and substance of petitions ; 3. Their pre- sentation to Parliament. 1. Petitions to the House of Lords should be superscribed, Form of " To the right honourable the lords spiritual and temporal in P^''*'™' Parliament assembled;"* and to the House of Commons, " To the -honourable the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled." A general designation of the parties to the petition should follow ; and if there be one petitioner only, his name after this manner: "The humble petition of [here insert the 1 1 C. J. 582; 2 ib. 49. 61; 3 ib. 431 (Septennial Bill); 2 Hallam «49 ; 4 ib. 228 ; 7 ib. 287. Const. Hist. 445 ; 2 May, Const. 2 11 L. J. 9. 57. 184; 14 ib. 23; Hist. 60 (7th ed.). 12 C J. 83. * A petition intended for the last ' See 13 Chas. II.' o. 5; 10 C.J. Parliament will not be received ; see 88 ; 13 ib. 287 ; ib. 518 (Kentish Mirror of Pari. 1831, vol. 3, p. 2199. petition, 1701); 18 ib. 425. 429- 496 SIGNATUEES TO PETITIONS. name or other designation] shewetli." The general allega- Chapter tions of the petition are concluded by what is called the " prayer," in which the particular object of the petitioner is expressed. To the whole petition are generally added these words of form, "And your petitioners, as in duty bound, will ever pray, &c. ; " to which are appended the signatures or marks of the parties, Eemon- Without a prayer, a document will not be taken as a petition ; ^ and a paper, assuming the style of a declaration,^ an address of thanks,^ or a remonstrance only, without a proper form of prayer, will not be received. In other cases, remonstrances respectfully worded, and con- cluding with a proper form of prayer, have been received : * but a document, distinctly headed as a remonstrance, though concluding with a prayer, has been refused.^ A so-called memorial, properly worded, and concluding with a prayer, has been received,^ The petition should be written upon parchment or paper, for a printed or lithographed petition will not be received Signatures, by the Commons ; '' and at least one signature should be upon the same sheet or skin upon which the petition is written.^ It must be in the English language, or accompanied with a translation, which the member who presents it states to be correct ; ^ it must be free from interlineations or erasures ; it must be signed ; it must have original signatures or marks, Addresses and not copies from the original, nor signatures of agents on g^™"' behalf of others, except in case of incapacity by sickness ; ^° signatures, 1 7 C. J. 427 ; 98 ib. 457. thelLords. 2 60 H. D. 3 s. 640. » 62 0. J. 155; 72 ib. 128. 144 ; ' 64 ib. 423. 77 ib. 127; 66 H. D. 3 a. 1032 ; 100 ' 97 C. J. 470; 98 ib. 461; 10th C. J. 335; 109 ib. 293. If petitions Aug. 1842, 65 H. D. 3 s. 1225. 1227 ; are presented without any signatures 21st June, 1860, 159 ib. 761 ; Coast to the sheet on which they are Defence Association, 6th July, 1860, written, they are not noticed in the ib. 1524; see also 67 0. J. 398; 74 votes. ib. 891. " 76 ib. 173. 189 ; 100 ib. 560. » 70 H. D. 3 s. 745. '» 82 ib. 118. 262 ; 86 ib. 748 ; 85 « 240 ib. 1682. ib. 541 ; 91 ib. 325. 576 ; 9 ib. 369. ' 48 0. J. 738; 68 ib. 624. 648; 433; 10 ib. 285; 34 ib. 800; Eep. 72 ib. 128. 156; 53 H. D. 3 s. 158. Pub. Petitions Committee, 26th This rule has not been adopted by June, 1848. SIGNATURES TO PETITIONS. 497 ^'^P*" and it must not have letters, affidavits, appendices, or other documents annexed.^ The signatures must be written upon the petition itself, and not pasted upon, or otherwise trans- ferred to it.^ Petitions of corporations aggregate should be under their common seal. To these rules another may be added, that if the chairman of a public meeting signs a petition on behalf of those assembled, it is only received as the petition of the individual, and is so entered among the proceedings of the house,* because the signature of one party for others cannot be recognized.* Any forgery or fraud in the preparation of petitions, or in Forgery the signatures attached, or the being privy to, or cognizant "^ of, such forgery or fraud, is liable to be punished as a breach I3reach of of privilege,^ and is considered and dealt with by the house privilege, ^g g^ matter of privilege.® And there have been frequent instances in which such irregularities have been discovered and punished by both houses.^ In some cases the house has satisfied itself by the rejection of the petition,^ or by discharging the order for its lying on the table.^ A motion to that effect has been permitted without previous notice ; though a claim to draw attention, as a matter of privilege, to expressions in a petition presented at a previous sitting, has not been conceded.^" 2. The language of a petition should be respectful and character » 81 0. J. 82; 82 ib. 41 ; 111 ib. bury Election petition, 1851, 106 C. gj'alice'o'f 102. J- 193. 289; Prince Azeem Jah (J. petitions. = Special Reports Petitions com- M. Mitchel and others), 1865,120 ib. mittee, 104ib. 283; 105 ib. 79. 157. 336; Special Eeport of Oom- ' The presentation of petitions is mittee on the Glasgow Municipality recorded in the Commons' Journal Extension Bill, 1879, 134 ib. 175. 180; by a reference to the Reports of the East Gloucester Railway Bill, 1862, committee on Public Petitions. 94 L. J. 300. 321. 378. 386; 142 C. J. * 10 C. J. 285. 292. 306. 318. = See resolution, 2nd June, 1774, ^ Halifax petition, 5th July, 1867, 34 ib. 800. 122 ib. 345 ; Special Eeport of Pe- « 238 H. D. 3 s. 1741. titions committee, 22nd July, 1872, ' Ballinasloe petition (R. Pilking- 127 ib. 370. 395. ton), 1825, 80 C. J. 445 ; Athlone ° Petitions from Dublin against Election petition (T. Flanagan), 82 tbe Sale of Intoxicating Liquors on ib. 561. 582; 84 ib. 187; 89 ib. 92; Sunday (Ireland) Bill, 1878, 133 Epworth petition, 1843, 98 ib. 523. ib. 130. 139. 181 ; Special Report, 528; Liverpool Corporation Water- 20th April, 1883, 138 lb. 153. works Bill, 82 L. J. 367. 477 ; Ayles- " 228 H. D. 3 s. 1400 ; 187 ib. 14. P. 2 K 498 INFORMAL PETITIONS. temperate, and free from disrespectful language to the Chapter Queen,^ or offensive imputations upon the character or . conduct of Parliament,^ or the courts of justice,^ or other Petitions tribunal,* or constituted authority ;5 and if objection be™'"j^^.^^ taken to a petition upon such a ground, the petition should ^^^ P- ^^o. be read at the table.® On the 2nd March, 1822, a petition from Newcastle, imputing notorious corruption to the House of Commons, was, on a division, not received ; '' and a motion having been made that a petition alleging that members oi Petitions Parliament had taken a bribe, do lie upon the table, the'^^^^'g^ motion was withdrawn. On the 2nd August, 1832, a^"^-'"' petition threatening to resist the law, was not allowed to lie upon the table.^ In 1838, a petition containing disrespectful language towards the other house of Parliament was with- drawn.^ In 1840, a petition from J. J. Stockdale was rejected, as containing an intentional and deliberate insult to the house.^" On the 28th March, 1848, a petition having been brought up and read, objection was taken to a paragraph praying for the abolition of the House of Lords, on the ground that it prayed for a fundamental alteration of the institutions of the country : but the objection, after debate, was not pressed, and the petition, being otherwise temperately expressed, was ordered to lie upon the table.^^ On the 3rd May, 1867, a petition in favour of certain Fenian prisoners, expressed in strong but guarded language, was allowed to lie upon the table ; and a motion afterwards made for dis- charging that order was not supported by the house.^^ On the 8th June, 1874, notice being taken that a petition con- tained offensive imputations upon the conduct of the Public 1 122 H. D. 3 s. 863. two otlier M.P.'a, 105 H. D. 3 s. 581 ; ' 82 0. J. 589 ; 84 ib. 275. also the petition alleging fraudulent ^ 76 ib. 105. practices against a member, 116 C. J. ; " Ib. 92; 83ib. 541. 364. 377. 381; see also debate on ^ 78 ib. 431 ; 91 ib. 698. petitions complaining of members « 164 H. D. 3 s. 978 ; 202 ib. 1307. (p. 333). ' 6 H. D. n. B. 1231 ; 26th June, « 87 ib. 547. 1823, 9 ib. 1253; see also debate on ' 93 ib. 236. » petition praying inquiry into the " 95 ib. 193. mismanagement of the Eastern Ooun- " 103 ib. 384 ; 97 H. D. 3 s. 1055. ties Eailway, by Mr. Hudson and " 186 ib. 1929; 187 ib. 1886. INFORMAL PETITIONS. 499 '"^P'er Petitions committee, it was ordered to be withdrawn.^ On the 3rd July, 1874, notice being taken that a petition con- tained imputations upon the conduct of certain judges, and statements affecting the social and legal position of indi- viduals, it was ordered to be withdrawn, and the printed copies to be cancelled.^ On the 12th April, 1875, the petitions committee reported that a petition from Prittle- well contained offensive imputations upon the lord chief justice and two of the judges of the Court of Queen's Bench, and reflected, in an unbecoming manner, upon the Speaker and the proceedings of the house; and on the 15th April, the order for the petition to lie upon the table was, after discussion, read and discharged.^ A petition may not allude to debates in either house of Parliament,* nor to intended motions, if merely announced in debate : ® but when notices have been formally given, and printed on the notice paper, For pro- petitions referring to them are received. And by standing s. 0. 82, "'^iZZ ^"^^^^ ^°- ^^' *^® "®^Se "iider which the house refused to p.^sss!^'''' praym^ /or entertain petitions against a resolution or bill imposing a money, ^c, tax or duty for the service of the year, was discontinued. In see p. 531. ^j^^ Lords, a petition relating to a bill before the Commons, but which has not yet reached the house, or which has been already thrown out, will not be received. On the 18th June, 1849, a petition was offered from Petition W. S. O'Brien and others, attainted of treason, praying to pe°™on be heard by counsel against the Transportation for Treason attainted. (Ireland) Bill. It was objected that no petition could be received from persons civilly dead: but the house, after debate, agreed, under the peculiar and exceptional circum- stances of the case, to receive the petition. The petitioners' sentence of death had been commuted to transportation; they had denied the legal power of the lord-lieutenant to transport them, and the bill against which they had peti- tioned was introduced in order to remove doubts upon the ' 129 0. J. 209. 105 ib. 160; 19th Feb. 1851 (Wiadow ' Ib. 276. Tax), 109 ib. 160. ^ 130 ib. 134. 145. » 85 ib. 107; 63 H. D. 3 s. 192; ' 77 ib. 150; 82 ib. 604; 91 ib. 114 ib. 820. G16; 97 ib. 259; 103 ib. 406. 633; 500 PRESENTATION OF PETITIONS. question which they had raised. It was, in fact, a bill to Cl^pter declare the legality of a sentence which they maintained to be contrary to law. Before the introduction of a bill, a petition from W. S. O'Brien, upon the subject of his sen- tence, had been already received by the house.^ Petitions Petitions from British subjects resident abroad have always abTOad ^^^"^ received ; and also of foreigners resident in this country. Petitions have also been occasionally received from foreigners not within British jurisdiction : but on the 7th April, 1876, a petition from inhabitants of Boulogne-sur-Mer, several of whom appeared to be British subjects, being offered, a com- mittee appointed to consider the matter, did not advise its reception.^ Duty of 3. Petitions are to be presented by a member of the house Method of ^^^^^l^'^'to which they are addressed, who must, pursuant to the|^^^'^ tation of order of the house, affix his name at the beginning thereof.^ "« P- 502. pe 1 ions. Q^ ^j^^ g^j^ April, 1876, notice being taken that a member's Eespomi- name had been affixed to a petition without his authority, the ^^J^"^ petition was ordered to be withdrawn : * and it has been ruled f'"' *^" '^ ■ nature of that the member's name should be signed by his own hand, petitions, and that it is irregular to authorize another person to affix it.^ '°° ^' But petitions from the corporation of London are presented to the House of Commons by the sheriffs, at the bar^ (being introduced by the Serjeant with the mace),^ or by one sheriff only, if the other be a member of the house,^ or un- avoidably absent.^ In 1840, both the sheriffs being in the custody of the Serjeant-at-arms, petitions from the corpora- tion of London were presented at the bar by the lord mayor, an alderman, and several of the common council ; by the lord mayor, aldermen, and commons ; and by two aldermen, and several members of the common council.^" Under a * 106 H. D. 3. s. 389. » On the 17th April, 1690, a ques- ' 131 0. J. 181. 200 ; Eep. of Com. tiou for admitting the sheriffs was ne- 228 H. D. 3 s. 1411. gatived, on division, 5 Pari. Hist. 586. = 140 C. J. 11 ; see also resolu- ' MS. Officers and Usages of the tions, 20th March, 1833, and 9th House of Commons, p. 46. May, 1844, 98 ib. 190; 74 H. D. 3 s. » 90 C. J. 506'; 103 ib. 122. 331. 714 ; 99 C. J. 284. 731 ; 136 ib. 248. * 131 ib. 141 ; 228 H. D. 3 s. 1320. » 75 ib. 213 ; 94 ib. 432. * 229 ib. 586. •» 95 ib. 43. 82. 198. PRESENTATION OF PETITIONS. 501 *'^x*'^ privilege conceded in the year 1813, petitions from the corporation of Dublin may be presented in the sanie manner, by their lord mayor.^ If the lord mayor should be a member, he must present the petition, in his place as a member, and not at the bar.^ Lord Cochrane proposed to extend this privilege to the Lord Provost of Edinburgh, but his amendment was lost, Mr. Tierney remarking " that the Scotch were generally thought a prudent people, and the corporation of Edinburgh would know better than to send their provost four hundred miles to present a petition." * A peer or member may petition the house to which he Piesenta- belongs : but if a member desires to have a petition from petition himself presented to the house, he should entrust it to some ''''°™^ J^ _ member. other member, as he will not be permitted to present it himself.^ A member who has not taken the oath or affirm- ation cannot present a petition.^ Petitions are not received on the first day of a session, when the Queen's Speech is delivered (see p. 170).^ To facilitate the presentation of petitions, they, may be Transmis- transmitted through the post-office, to members of either post. house, free of postage, provided they be sent without covers, or in covers open at the sides, and do not exceed 32 oimces in weight. 1 By resolution, 23rd Feb. 1813, 59 H. D. 3 d. 476; 30th April, 1846 68 ib. 209 ; 24 H. D. 698 ; 124 0. J. (Sir J. Graham), and 9th July, 1850 85 ; 134 ib. 269 ; 137 ib. 288 ; 143 ib. (Mr. F. O'Connor). 109 ; 144 ib. 183. = Objection waa taken, in March, ^ On the 1st July, 1850, a petition 1881, to the presentation of a petition from the corporation of Dublin was by Mr. Bradlaugh, the High Court- presented by the lord mayor in his of Justice having adjudged that the place as a member (wearing his making an affirmation had not quali- lobes). The officers of the corpora- fied him to sit and vote: but notice tion, in their robes, were allowed of appeal having been given, it was seats below the bar : but having allowed, 259 H. D. 3 s. 892. On the brought the mace into the house, 22nd June, 1882, he was informed they were desired by the Serjeant by Mr. Speaker that lie could not to remove it, MS. note. So again present a petition until he had taken Friday, 14th March, 1851, 6th Feb. the oath, 187 C. J. 295. 1880, and on several other occasions. " In Feb. 1880, the Lord Mayor of MS. Officers and Usages of the House Dublin had arranged to present a of Commons, p. 46. petition on the day of meeting, but ■* 68 C. J. 209 ; 24 H. D. 698. 705. on receiving an intimation of the * So ruled by Mr. Speaker, 30th practice, he postponed the ceremony Aug. 1841 (Sir Valentine Blake), untU the next day. 502 BKESENTATION OF PETITIONS. To be read In both houses it IS the duty of members to read petitions Chapter bers?^"' which are sent to them, before they are presented, lest any '- — Tiolation of the rules of the house should be apparent on the face of them ; in which case it is their duty not to offer Petitions them to the house. If the Speaker observes, or any member Regarding cdveT takes notice of, any irregularity, the member having charge j°f wfj withdrawn of the petition does not bring it up, but returns it to the «?o™s* and re- . . . '"I'Smbers jected. petitioners. If any irregularity escapes detection at \h.\s far the ob- time, but is discovered when the petition is further ex- t^is duty, amined, no entry of its presentation appears in the votes. ^^^ P" ®^' In other cases more formal notice is taken of the violation of the rules of the house, and the petitions are not received;^ or are ordered to be withdrawn,^ or are rejected.^ A member who has reason to believe that the signatures to a petition are genuine, is justified in presenting it, although doubts may have been raised as to their authenticity : but in such cases the attention of the house should be directed to the circumstance.* Presenta- ^P ^^ *^i^ point the practice of the Lords and Commons tionofpe- is similar: but the forms observed in presenting petitions differ so much, that it will be necessary to describe them separately. On the 1st May, 1868, it was ordered, " That the name of the lord presenting a petition shall be entered lords. thereon." It was ordered by the Lords, 30th May, 1685, " That any lord who presents a petition, shall open it before it be read." At the same time, the lord may comment upon the petition, and upon the general matters to which it refers ; and debate thereon may ensue : but a lord who intends to speak upon a petition, usually gives notice of its presentation. When the petition has been laid upon the table, an entry of that fact is placed on the Lords' Minutes and Journals, with the prayer of the petition : but petitions are rarely printed at length in the journals, unless they relate to proceedings of a judicial character.^ • 96 0. J. 159 ; 104 ib. 154 ; 105 ib. house and other parties). 160 ; 109 ib. 160; 111 ib. 102. » 95 ib. 193 ; 122 ib. 345. « 93 ib. 236 ; 100 ib. 335 ; 103 ib. • 117 H. D. 3 a. 399. 633; 116 ib. 364 (as containing libel- ' 100 L. J. 138; 14 ib. 22; 74 ib. Ions charges against a member of the 236. PBESENTATION OF PETITIONS. 503 tions are received. Chapter It is to the representatives of the people that petitions Petitions are chiefly addressed, and to them they are sent in such Commons. numbers, that restrictions, of necessity, are imposed upon the discussion of their merits. Formerly, the practice of presenting petitions hiad "been generally similar to that of the House of Lords : but the number had so much in- creased,^ and the business of the house was so much inter- see p. 227. rupted by the debates which arose on receiving petitions,^ that, under standing orders Nos. 78-81, adopted in 1842 and Petitions to 1853, a member, on the presentation of a petition, may read by mem- the prayer and make only a general statement regarding ''^''^• the source and nature of the petition ; and every petition si, Appen- which conforms to the rules or practice of the house, is "^' ^' ^^^' brought to the table by the direction of the Speaker,^ who does not allow debate thereon, but the petition may be read May be by the Clerk, at the table, if required. In the case of a petition complaining of a present personal Urgent grievance, calling, as an urgent necessity, for an immediate cussed. remedy, the matter contained in such petition may be brought into discussion on the presentation thereof (see p. Petitions 504). All other such petitions, when laid on the table, are committee" Procedure referred to the committee on Public Petitions, without any o° P"biic Petitions question being put, though if the petition relates to a subject and in cer- ser™505 ^^*^ respect to which the member presenting it has given ordered to notice of a motion, and the petition has not been ordered ^ ^""'^ " to be printed by the committee, he may, after notice given. When the move that the petition be printed and circulated with the r^^e notice paper Of the house, p. 505. Thus while a member may state the purport and material read by the Clerlf. ' In the five years ending 1832, 23,283 public petitions were presented to the House of Commons ; in the five years ending 1842,70,072 ; in the five years ending 1852, 62,248 ; in the five years ending 1862,63,003; in the five years ending 1867, 53,305 ; in the five years ending 1872, 101,573; in the five years ending 1877, 91,846; in the five years ending 1882, 72,850 ; in the five years ending 1887, 73,815 ; and in the five years ending 1892, 50,141. Since 1833, 844,062 petitions have been presented. 31,963 petitions were presented session 1893 , (23rd Sep.), a number only exceeded by the 33,898 of session 1843. ' In 1833 and 1834, sittings Trom twelve to three were devoted to pe- titions and private bills. ' Not by a member, 105 C. J. 99. 504 PETITIONS, PERSONAL GEIEVANCE. allegations of a petition, he is not at liberty to read the Chapter whole or greater part of the petition itself : but if he desires '. that the petition should be read, the proper course is to require it to be formally read by the Clerk, at the table.^ Debate on On the 14th June, 1844, it was ruled, by Mr. Speaker, (personal *^^^ ^ petition of parties complaining of their letters having grievance), ^esn detained and opened by the post-office, and praying Appendix, f°i' inquiry* was not of that urgency that entitled it to p. 835. immediate discussion, especially as notice of its presentation had been given on the previous day, which proved that the matter was such as admitted of delay : ^ but on the 24th June, 1844, a similar petition, of which no previous notice had been given, was permitted to open a debate. In the latter case, however, the complaint was that " letters are secretly detained and opened ; " and thus a " present personal grievance " was alleged, while in the former case a past grievance only had been complained of.^ On the 5th July, 1855, a petition complaining of the recent misconduct of the police in Hyde Park, and of injuries personally sustained by the petitioners, was held not to justify a debate, as the grievance complained of did not demand an immediate remedy.* Oa the same ground, the Speaker ruled that a petition presented 1st May, 1890, praying for the appoint- ment of a commission to inquire into the municipal contracts of the borough of Salford, did not come within the operation of standing order No. 80.^ Neither, under cover of a motion for the adjournment of the house, will a member be per- mitted to bring under discussion the contents of a petition which he would be restrained by the standing order from debating : ^ but a personal explanation has been permitted without any question being before the house, upon matters affecting a member, which have been alluded to in a petition.' Debates It wiU be observed that, although the standing orders upon peti- tions. ' 79 H. D. 3 s. 496 ; 106 ib. 300. « 7th July, 1856 (attorney-general " 75 ib. 894; 99 C. J. 398. and the Bedford Charities). = 75 H. D. 3 s. 1264. ' 48 H D. 3 s. 226; 109 ib. 235; * 139 ib. 453. and 7th July, 1856. ' 343 ib. 1800. PUBLIC PETITIONS COMMITTEE. 605 '^'^^T^' restrict debate to urgent cases, that restriction does not extend to a petition complaining of a matter affecting the Privilege privileges of the house, such a case being governed by the «ores™ic p. general rule, that a question of privilege is always entitled ^^®' to immediate consideration.^ But if the matter does not Petitions demand the immediate interposition of the house, the sons com- course would be to appoint by order that the petition be Th^mse ^^^^^ i^to consideration on a future day, and be printed see p. 91. for the information of the house.^ A motion for printing and circulating a petition with Petitions Notice of the notice paper of the house, pursuant to standing order ^y/t^ the requisite, No. 81, if unopposcd, Can be made before the commence- ■*''''^^- see p. 235, mg^^ of public busincss (see p. 243). The proposal is not a matter of right, but is open to debate and objection like any other motion.' All public petitions, except petitions regarding a personal Committee grievance or a matter of privilege, are referred to the "com- Petitions! mittee on Public Petitions," under whose directions they are classified, analyzed, and, when necessary, printed at length.* The reports of this committee, printed twice a week, point out, under classified heads, not only the name of each petition, but the number of signatures to which addresses j^^jregses are affixed,^ the general object of every petition, and the°fP*" total number of petitions and the signatures in reference to each subject ; and whenever the peculiar arguments and facts, or general importance, of a petition require it, it is printed at full length in an appendix to the notice paper of the house, and is accessible by purchase to the public. In some cases, petitions have been ordered to be printed with the notice paper, with the signatures attached thereto,^ and ' 104 0. J. 302; 105 ib. 110; 112 order has been made regarding peti- ib. 231; 113 ib. 68; 114: ib. 357; tions presented in a former session, 146 H. D. 3 s. 97; 168 ib. 1855; 102 C. J. 22. 203; 112 ib. 155; 118 Koyal Atlantic Steam Company, ib. 331. 19th July, 1861, 164 ib. 1178; 116 * 88 ib. 95. O. J. 377. 381. ' Pursuant to Special Report, Pub- ' 86 H. D. 3 s. 328; Lisburu lie Petitions committee, 11th April, Election, 18th April, 1864, 119 0. J. 1878, 133 ib. 205, and to sessional 173. orders. ' Southampton writ, 97 ib. 329; = 97 ib. 302; 98 ib. 396. 460. 549; 63 H. D. 3 a. 1057; 79 ib. 686. This 101 ib. 142. 506 PUBLIC PETITIONS COMMITTEE. in others for the use of members only.^ A petition has been Chapter ordered to be printed for the use of members only, with the names of the persons who had signed it.^ Sometimes petitions which have been already printed, have been ordered to be reprinted.^ ' 100 C. J. 538. 648 ; 101 ib. 1021 ; ' 97 ib. 57. 105 ib. 45 ; 106 ib. 209 ; 116 ib. 377. » 98 ib. 216 ; 103 ib. 30. ACCOtTNTS AND PAPERS. 507 Chapter CHAPTER XXI. XXI. Table of ACCOUNTS, PAPERS, AND EECOEDS PRESENTED TO Contents, seep.xxxiii. PARLIAMENT. Parliament is invested with the power of ordering all docu- Returns by ments to be laid before it, which are necessary for its in- ^y Address. formation. Each house enjoys this authority separately, but Documents not in all cases independently of the Crown. Accounts and Pariilnwnt V^V^^^ relating to trade, finance, and general or local matters, pursuant to are ordered directly, and are returned in obedience to the statute, see p. 514. order of the house whence it was issued : but returns of matters connected with the exercise of royal prerogative, are obtained by means of addresses to the Crown. Production ^^® distinction between these two classes of returns should of papers j^g boruo in mind : as, on the one hand, it is irregular to before select _ > o committees, order directly that which should be sought for by address ; and, on the other, it is a compromise of the authority of Parliament to resort to the Crown for information, which it can obtain by its own order. The application of the principle is not always clear : but, as a general rule, it may be stated that all public departments connected with the collection or management of the revenue, or which are under the control of the treasury, or are constituted or regulated by statute, maybe reached by a direct order from either house of Parlia- ment : but that public officers and departments, subject to her Majesty's secretaries of state, or the privy council, are to receive their orders from the Crown. Thus, returns from the Commissioners of Customs and of Inland Eevenue, the Post-ofSce, the Board of Trade, and the Treasury, are obtained by order. These include every account that can be rendered of the revenue and expenditure of the country ; of commerce and navigation ; of salaries and pensions ; of general statistics ; and of facts connected witli the administration of all the revenue departments. Addresses are presented for treaties with foreign powers, for despatches have not been made. 508 EETUENS ORDERED. to and from the governors of colonies, and for returns con- Chapter . . XXI. nected with the army, the civil government, and the ad- '- ministration of justice. Where returns relate to the ex- penditure of public money upon any Crown property, they are obtained by order, and not by address.^ When re- When an address for papers has been presented to the addresses Crown, the parties who are to make them appear to be within the immediate reach of an order of the house ; as orders of the House of Commons for addresses have been read, and certain persons who had not made the returns re- quired, have been ordered to make them to the house forth- with.^ In other cases, however, further addresses have been moved, praying her Majesty to give directions that papers be laid before the house forthwith.^ Orders dis- When it is discovered that an address has been ordered for papers which should properly have been presented to the house by order, the error is corrected by discharging the order for the address, and ordering that the papers be laid before the house.* In the same manner, when a return has been ordered, for which an address ought to have been moved, the order is discharged, and an address is presented instead.^ Where the order for a return is found not to comprise all the particulars desired, it is usual to discharge the order, and make another in a corrected form. Some* times, however, without discharging the order, public papers or other particulars have been ordered to be added to the return,^ or the resolution for an address has been read, and another address ordered for the additional information.'' An order has been made that certain particulars specified in an order for a return shall be separately stated, or so much ' Windsor Oastle and Buckingham established. Palace, 19th April, 1826 ; Greenwich ' 90 0. J. 413. 650 ; 95 ib. 448. Park, 3rd June, 1850 ; Marble Arch, ^ 95 ib. 220; 102 ib, 692; 120 18th March, 1852; Blchmond Park, ib. 70. 12th June, 1854 ; Metropolitan Parks, ' 92 ib. 580, &o. 28th July, 1854 ; St. James's Park, » Ib. 365 ; 104 ib. 623, &c. 21st April, 1856, and 20th May, 1857. " 110 ib. 56. 230; 116 ib. 99; 117 In the latter case the right of the ib. 337 ; 121 ib. 143; 123 ib. 69; 127 house to order such a return having ib. 277. been questioned, was conclusively * 109 ib. 288. SUBJECTS OF KETUBNS. 509 Chapter of the order as related to certain portions of the return has XXI. been discharged or otherwise amended.-' Orders of a former session relating to papers are also amended, or otherwise dealt with, as circumstances may require. The addition of Similar particulars to a return, not specified in the order of the the"zords bouse, has been ruled by Mr. Speaker to be an irregularity.^ see p. 510. j£ qj^q house desires any return relating to the biisiness Returns re- or proceedings of the other, neither courtesy nor custom the othel.- allows such a return to be ordered : but an arrangement is ^°^^^- generally made, by which the return is moved for in the other house ; and, after it has been presented, a message is sent to request that it may be communicated.* Or a message is sent requesting that a return of certain matters may be communicated ; and such return is prepared and communi- cated accordingly.* But it is not usual to send a message for a return which has been obtained from other departments, by order or address. For such a return it is more regular to move in the usual manner.^ Hocumenis Keturns may be moved for, either by order or address. Subjects of idectTm. relating to any public matter, in which the house or the '''*°™'" mittees, see Crown has jurisdiction.^ They may be obtained from all public offices, and from corporations, bodies, or officers con- stituted for public purposes, by Acts of Parliament or other- Eestiiction wise : but not from private associations, such as Lloyd's, for "f morfn example,'' nor from individuals not exercising public func- for returns. tions. The papers and correspondence sought from govern- ment departments should be of a public and official character, and not private or confidential. On the 3rd July, 1884, notice having been taken that the order for an address for ^ 123 C. J. 178; 122 ib. 322; 127 = lb. 396. 408. ib. 277 ; 126 ib. 89. " To secure regularity in the form * 338 H. D. 3 s. 1717. of these returns, it was recommended = 111 ib. 250.270. 294. In 1856, by the printing committee, 1841, that a notice had been given of a return every member be advised, before he of fees on private bills in both houses, gives notice of a motion for a return, but on an intimation from the to consult the librarian. Pari. Paper, Speaker, the return was confined to 1841 (181); see also Eeport, 17th the House of ^Commons, 111 C. J. March, 1857(122). 120. ■ IIH.D. 271. ' 123 ib. 212; 127 ib. 141. 510 RETURNS NOT MADE. a copy of Dr. Crichtoa Browne's treatise on Education, Chapter . XXI. related to a private matter over which the house had no '— jurisdiction, and involved a question of copyright, the order was discharged.^ The opinions of the law officers of the DacumenU Crown, given for the guidance of ministers, in any question <»*«'' ™ „ , . ° ° _ . , . .•,,,. , , „ debate, see of diplomacy or state policy, being included m the class of p. 322. confidential documents, have generally been withheld from Parliament. In 1858, however, this rule was, under peculiar and exceptional circumstances, departed from, and the opinions of the law officers of the Crown upon the case of the Cagliari, were laid before Parliament.^ But however ample the power of each house to enforce the production of papers, a sufficient cause must be shown for the exercise of that power ; and if considerations of public policy can be urged against a motion for papers, it is either withdrawn, or otherwise dealt with according to the judg- ment of the house. Ketuins If parties neglect to make returns in reasonable time, they cot made. ^^^ ordered to make them forthwith : ^ or so much of returns as has not been made.* If they continue to withhold them, they are ordered to attend at the bar of the house ; * and, unless they satisfactorily explain the causes of their neglect, and comply with the order of the house, they will be censured or punished according to the circumstances of the case.^ A person has been reprimanded by the Lords for having made a return to an order, which he was not required or authorized to make, and for framing it in a form calculated to mislead the house (see also p. 509).'' When Parliament is prorogued before a return is pre- jj;^^ ^f a sented, the order for the return should be renewed in the P'yoS"- tion, see ensuing session, as if no order had previously been given ; p. 43. because a prorogation puts an end to almost every pro- ceeding pending in Parliament ; yet returns are often pre- sented by virtue of addresses in a preceding session, witliout ' 139 C. J. 336. ' 75 ib. 404 ; 89 ib. 380 ; 96 ib. = 149 H. D. 3 B. 178. 363. = 90 C. J. 413 ; 114 ib. 371 ; 119 « 90 ib. 575 ; 81 L. J. 134. ib. 291 ; 121 ib. 143. • 82 ib. 89. * 131 ib. 354. PEESENTATION OP PAPERS. 611 ^'x?!*' ^^^ renewal of the address,^ and occasionally in compliance with an order of a former session.^ Orders have also been made which assume that an order has force from one session to another. For example, returns have been ordered " to be prepared in order to be laid before the house in the next session ; " ^ and orders of a former session have been read, and the papers ordered to be laid before the house forthwith.* And the order for an address made by a former Parliament has been read, and the house being informed that certain persons had not made the return, they were ordered forth- with to make a return to the house.^ Besides the modes of obtaining papers by order and by Papers pie- address, both houses of Parliament are constantly put in command possession of documents by command of her Majesty, and """^ "^^ •^'='' in compliance with Acts of Parliament. Judgment rolls, exhibits, and certified copies of docu- Forms ob- ments relating to appeals, are delivered in at the bar of the prelentino- House of Lords, upon oath. Other papers and returns were pfT^iS' formerly delivered at the bar, upon oath, in the same manner: but now they are either presented by a minister of the Crown, or are forwarded by the department to the Clerk of the Parliaments, for presentation. In the Commons, when a minister of the Crown has any papers of special impor- tance to present, he goes to the bar, and, on being called by the Speaker, he brings them up ; ^ and they are ordered to lie upon the table : but the more usual practice is to deliver them to the clerks at the table. When such papers are Debate on brought up, they are generally ordered to lie upon the table, {"tTon!" as a matter of course : but upon the question that they do lie upon the table, the mover can found a statement to the house, and a debate can arise ; '' though not without objec- ' 98 0. J. 428; 103 ib. 579. 775; " By usage, suoh papers are only to 104 ib. 239. 284, &o. ; 106 ib. 5 ; 108 be presented by privy oounoillors. ib. 209. ' 8th July, 1857, Sir G. Lewis on 2 99 ib. 301; 103 ib. 131; 104 ib. an estimate of the cost of the Persian 35. 88. 133, &c. ; 106 ib. 24 ; 108 ib. War, 146 H. D. 3 s. 1132 ; Mr. Lowe, 293 ; 129 ib. 7 ; 135 ib. 126, &c. 13th Feb. 1862, and Mr. Bruce, 5th ' 78 ib. 472 ; 80 ib. 631. May, 1865, on papers relating to ' 78ib. 72; 114ib. 371. : education, 165 ib. 191; 178 ib. » 90 ib. 413. 1535 ; Mr. Bruce, 10th Feb. 1873, on 512 PKESENTATION OF PAPERS, "Dum- mies." Papers to lie upon the table. Parlia- mentary Papers (Distribu- tion) com- mittee (Com- mons) tion being taken to a course which brought on debate under Chapter mconyenient conditions.^ ' In the Lords, if the paper relate to judicial proceed- ings, the person is called to the bar, sworn, and examined respecting it : but if it be an ordinary paper, he is called in, delivers the paper at the bar, and is directed to with- draw. In the Commons, it was formerly the custom to present papers in this manner : but by resolution 7th April, 1851, accounts and other papers which are laid before the house by Act of Parliament, or the order of the house, are presented, by the deposit of the papers in the office of the Clerk of the house, A minister may move for a return from his own department, without notice, and immediately see motiom present it, in compliance with the order which has iust ""/^ f .*''' ^ J out nottcet been made.^ p. 235. Occasionally, blank papers, familiarly known as "dummies," are presented, instead of the real documents, a practice which the exigencies of public business renders necessary : but if used as a colourable compliance with an order of the house, it is open to grave objections. It was therefore ordered, 20th March, 1871, that papers are to "be laid upon uhprinted the table in such a form as to ensure a speedy delivery ^"^??' ^°* thereof to members ; " ^ and this order was communicated to the several public departments. When accounts and papers are presented, they are ordered to lie upon the table, when an order has been made, that the paper be taken into consideration on a future day ; and on the consideration thereof a motion has been founded.* If necessary, the papers are ordered to be printed, or are re- ferred to committees, or abstracts are ordered to be made and printed. Sometimes papers of a former session are ordered to be printed or reprinted. In the Commons, a the Eoyal Parka (Rules), 214 H. D. 3 s. 199 ; again, 23rcl Jan. 1884, Egypt (the proposed conference); 19th Feb. 1885 (Egypt No. 1). Affairs in the Soudan, statement by Mr. Glad- stone. • 178 ib. 1535. ' See debate on the attorney- general's motion for copy record (Mr. Davitt), 27th Feb. 1882, 266 H. D. 3 s. 1804; 137 C. J. 75. = 126ib. 96. * 125 ib. 8. 27. DISTRIBUTION OP PRIKTED PAPERS. 513 Chapter select committee is appointed at the commeneement of '- — each session, " to superintend the form, and to regulate the distribution of parliamentary papers." ^ Papers printed by order of the Lords are, on application, Distribu- distributed gratuitously to members of the House of Com- papers. mons, and to other persons with orders from peers. They ^'>^^^- are also accessible to the public by sale. The Commons Commons. haye more fully applied the principle of sale, as the best mode of distribution to the public.^ Each member, under the regulations now in force, can, on application, receive a copy of every paper printed by the house : but he is not entitled to more than one copy, without obtaining an order from the Speaker.^ Certain reports and papers, viz. reports of royal commissions and of select committees, and all papers relating to the estimates, are distributed to every member as a matter of course, without application. The Vote Office is charged with the delivery of printed Delivery to papers to members of the house, who should leave their by the addresses at the office, in order that papers may be forwarded ^°*^ *^'''^°^- to them, either during the session or in the recess. To facilitate the distribution of parliamentary papers, they Transmis- are sent through the post-office, to all places in the United p"^" ^^ Kingdom, at a rate of postage not exceeding one halfpenny for every two ounces in weight, whether prepaid or not, pro- vided they be sent without a cover, or with a cover open at the sides, and without any writing or marks upon them. The members of both houses are also entitled, during a session, to send, free of postage, all Acts of Parliament, bills, minutes, and votes, by writing their names upon covers pro- vided for that purpose, in the proper offices. By these various regulations, the papers laid before Par- Arrange- liament are effectually published and distributed, and each ™™ijj°^ paper is distinguished by a sessional number at the foot of mentary the page, and by the date at which the order for printing is ' 144 C. J. 20. as regards bills and estimates before ' Eeports of Printed Papers com- the house, which may generally be mittee, 1835 (61. 392) ; 90 C. J. obtained by members, on application 544. at the Vote Office. ' This rule is not strictly enforced, P. 2 L 514 ORDERS, &C., LAID BEFORE PARLIAMENT. made ; and they are classified and arranged in volumes at Chapter the end of each session. ! Unpriuted Papers which are not printed are open to the inspection papers. ^£ members in the library of the house. In some cases, papers of a local or private character have been ordered to be printed at the expense of the parties, if they think fit.^ In other cases, they have been ordered to be returned to a public department.^ Sometimes part of a return only has been ordered to be printed.* The orders of a former session, that a return do lie upon the table, and be printed, have been discharged ; and papers have been withdrawn that have been laid upon the table.* Orders and Administrative orders and regulations relating to prisons, See also laki^before^ education, charities, endowed schools, and other matters are xxvi., p. Pariia- presented to both houses, in pursuance of Acts of Parlia- ^''''■ ment, which come into operation, unless disapproved of by either house, within a certain number of days.^ These days are calculated, not according to the days on which the House of Commons actually sits, but of days during the session of Parliament.^ Unless it be otherwise expressly enacted by statute,'' "this period must be comprised in the same session,^ a prorogation or dissolution being conclusive of such proceedings or business pending at the time (see p. 43). Disap. The method by which Parliament signifies disapproval thereof ^^ proposed alteration of these orders and regulations must, unless otherwise directed by statute, be signified in the Procedure . on Oft form of an address to her Majesty. address, sec p. 427. ' 101 C. J. 990 ; 113 ib. 42. 363 ; Parliament for a period of not less- 115 ib. 505; 116 ib. 125. than thirty days before any such ' 100 ib. 880 ; 125 ib. 80. report shall be submitted to her ' 124 ib. 209 ; 125 ib. 70. Majesty. ' 7th Feb. 1873, 134 ib. 18 ; 135 " Letter from the Clerk of the ib. 235. house to the secretary of the Home = By statute 34 & 35 Vict. c. 63, Office, 23rd March, 1866 (No. 36720- B. 2, a copy of draft charters and of 45). proceedings thereon under the con- ' See University Act, 40 & 41 Viot. sideration of a committee of her c. 48, s. 50. Majesty's privy council, for the foun- ' See Speaker's ruling (Educa- dation of any college or university, tional Endowments, Scotland), 28th shall be laid before both houses of Feb. 1887, 311 H. D. 3 s. 852. THE CEOWN, AND CHAEGB3 UPON THE PEOPLE. 515 Chapter CHAPTEE XXII. XXII. Table of PAELIAMENT, AND CHARGES UPON THE PEOPLE. Contents, seep.xxxiii. p^rt J, The Crown. Part II. The House of Lords (p. 540). Part III. The House of Oommons (p. 553). Part IV. Procedure in the Committees of Supply, and "Ways and Means, &c. (p. 569). Part I.— The Soveeeign, being the executive power, is charged Control of CEOWN. with the management of all the revenues of the state, and with oTer pubHc all payments for the public service. The Crown, therefore, f^P^"*^'"; acting with the advice of its responsible ministers, makes revenue. known to the Commons the pecxiniary necessities of the government ; the Commons, in return, grant such aids or supplies as are required to satisfy these demands ; and they provide by taxes, and by the appropriation of other sources of the public income, the ways and means to meet the sup- ine _posi- plies which they have granted. Thus the Crown demands *Zordsre- money, the Commons grant it, and the Lords assent to the garding grant: but the Commons do not vote money unless it be public ° _ _ •' money, see required by the Crown ; nor do they impose or augment ^' ' taxes, unless such taxation be necessary for the public service, as declared by the Crown through its constitutional . advisers (see p. 532). The demand by the Crown for grants of aid and supply Demand for the service of each financial year is made in the speech auhcopen- from the throne at the opening of Parliament. The sove- i?s "f each ■^ ° financial reign addresses the Commons, demands the annual supply year. for the public service, and acquaints them that estimates will be laid before them of the amount that will be required. Proceed- The form in which the Commons vote those supplies is con- ings in gequently a resolution that each sum " be granted to her of supply. Majesty ; " nor is a grant of supply, even when endowed with the force of law, available for use until the sovereign 516 THE PEBSENTATION OF ESTIMATES. The royal puts it at the disposal of the treasury by a royal order under chapter Xl^:^; the sign manual.! _^^ Other demands for a supply from the sovereign may also be ^"'' ''• made during the progress of the session by messages desir- ing pecuniary aid, by a demand for a vote of credit (p. 524), or by the presentation of an estimate. Presenta- Presentation of the annual estimates. — In accordance with annual ^ ^^^ royal direction, estimates are laid before the House of estimates. Commons, Stating the specific grants of money which will, during the current year, be required for the army, navy, and civil services ; and by resolution, 19th February, 1821, the house directs that whenever Parliament assembles before Christmas, the estimates for the naval and military services should be presented before the 15th day of January then next following, if Parliament be then sitting ; and that such estimates should be presented within ten days after the opening of the committee of supply, when Parliament does not assemble till after Christmas.^ The directions given by this resolution are observed, as far as possible, by the army, navy, and civil service departments. Estimates Until 1854, estimates were not presented in respect of reve^nue de- *^® revenue departments. Prior to that year, the charges partments. of Collecting the revenue were deducted by each depart- ment from the gross sums collected. This practice, which Systm re- withdrew the full produce of the taxes, and the cost of ^j*"f collection, from the immediate control of Parliament, was '^P^^' "5„ n. 2, p. 558. condemned by a resolution of the house, 30th May, 1848 ; and, pursuant to an Act passed in the year 1854, the whole of the net revenue derived from taxation is paid into the exchequer, and the cost of the revenue departments is included among the annual estimates.* Militia '^^^ i^"l® t^^* estimates of public expenditure cannot estimates, ^q presented to Parliament, save by royal command, was formerly set aside in the case of the charge for the dis- embodied militia. The Commons there took the initiative : the estimate was prepared by a committee, and was re- '■ Public ;ineome, &c., Pari. Paper ^ 7G C. J. 87. [366], sesa. 1869, part ii. p. 651. » 103 ib. 580 ; 109 ib. 467. THE PRESENTATION OF ESTIMATES. 517 Chapter ferred to the committee of supply, when the Queen's "_ recommendation was signified. But inconveniences arose ""^ ■ from this method of procedure ; and, pursuant to resolution, 9th February, 1863, the militia estimates, like the other estimates for the public service, are presented by com- mand.^ As the sovereign is responsible for the presentation of Power of the estimates of the public expenditure, the Crown, acting form^ of ^^^ through its ministers, controls, subject to the requirements of estimates. the Exchequer and Audit Act, the form in which the estimates are presented. Under established usage, however, important changes in the customary form of the estimates should not PuUio ^^ made without the previous approval of the Public Ac- Accounts counts Committee, acting on behalf of the House of Com- comrmttee, _ ... see p. 563. mons; and, in deference to this principle, ofiQcial alterations in the estimates are restricted to such rearrangements as involve no question of principle.^ Form of the estimates. — The ordinary sessional estimates Ordinary are presented in three parts or divisions, comprising the estimates. three branches of the public service — the army, navy, and civil services ; and each estimate contains first a statement of the total grant thereby demanded, and then a statement of the detailed expenditure thereof, divided into subheads and items. These estimates should embody the total Total an- amount of the expenditure which is required for each penditure financial year ; and accordingly, by way of example, when *°^^jg , an increase over the demands made by the annual estimates for the army and the navy was requisite, revised or additional estimates were presented, specifying the amounts ultimately found necessary for those services.* Besides the ordinary sessional estimates for the service other of the current year, to meet the requirements of the ""'^ ^^' executive government, estimates for grants on account, for supplementary grants, and for excess grants, are pre- • 169 H. D. 3 3. 198, 449, revised estimates to carry out ' 341 ib. 1517 ; Public Accounts a reduction of the army and navy committee, 3rd Report, 1891. estimates, -were presented in 1856, ' On the same principle, following 111 ib. 172 ; and of the army the precedents of 1814, 69 C. J. 18. estimates in 1858, 113 ib, 112. 120. 518 GRANTS ON ACCOUNT. sented during each session ; and occasionally an applica- Chapter tion is made for a vote of credit to cover extraordinary naval or military charges, or for such other object of exceptional expenditure as may have, arisen during the session (see p. 524). Grants on account. — Owing to our financial system, and Procedure the conditions of parliamentary business, the presentation ^aud Fund of estimates for grants in advance upon the estimated de- ^^^^' *^^ P- partmental expenditure of the year, before a complete sanction has been given to that expenditure, is'an annual necessity. These grants are known as " votes on account." In the hope that the vote of the committee of supply ■would be taken upon the bulk of the annual estimates during the earlier portion of each session, the financial year closes the 31st March, and begins on the 1st April.i The futility of a hope centred on the 1st April is the experience of every session. When that day comes round, session after session, but very slender provision has been made for the requirements of the new financial year. On the other hand, as every grant of supply is limited to the service of the financial year for which the grant is made, the grant lapses, if it has not been utilized before the 31st March ; and, under the provisions of the Ex- chequer and Audit Act, all unexpended sums in the hands See charges of the departments are returned into the exchequer. ^^soiC Thus, obviously, during the first quarter of each year, a *'*|^*'"'i vote on account must be demanded ; for, if no grant in advance has been made upon the 31st March, the main- tenance of the public service will be wholly unprovided for. Use of During sessions uninterrupted by a dissolution, the army Grants on navysTiv ^^^ ^^^1 departments are usually exempted from thocS^a pluses. necessity of obtaining grants on account.^ Owing to the ''"'j*'""'' ' Public Income, &c., Pari. Paper of 1848, for the army and navy, 103 [366], sess. 1869, part ii. p. 330. C. J. 253. 254 ; in 1858, for both ser- ^ To suit the exigencies of parlia- vices, 113 ib. 78 ; 149 H. D. 3 a. mentary business, grants on account 110; in 1867, for the navy, 122 C. J. were taken, before the number of 112. 153; see also 267 H. D. 3 s. , men were voted, during the session 852. 855. GEANTS ON ACCOUNT. 619 *5^P*" nature of the duties entrusted to them, a peculiar privilege IS accorded to those departments. The constitutional prin- ciple which insists that each grant of supply shall be jipp-opn- devoted exclusively to the object for which the grant aiion, see p. . , . , 560. IS made, m the case oi the army and navy departments, is subjected to a temporary suspension. Under sanction from the treasury, authorized by a provision in the Appro- priation Act of each current financial year, and subject to a confirmation of the transaction by the next year's Appro- priation Act, the military and naval services have the power of using, at their discretion, until the close of each financial year, such unexpended balances or surpluses as they can save out of the grants made to their departments. Accordingly, to meet the necessity of carrying on the army and navy services, those departments are permitted to make a temporary advance, on account, out of any one grant, towards any other grant which appears upon the estimates for that service. Thus it is customary to obtain, before the 31st March in each year, the grant for the pay and wages of the men in the army and the navy for the ensuing financial year, and to use the money so granted, on account, for the general maintenance of those services, until the grants to the army and navy are com- pleted. This facility is not extended to the civil service Civil ser- departments ; and grants on account are therefore required paitments. to maintain those departments during the fii'st quarter of the ensuing financial year. Besides the grants on account thus required during the month of March, the necessity of one or more grants on account during the months of May, June, or July, is occasioned by that recurring pres- sure of parliamentary business which postpones the con- sideration of supply to the end of the session. According to established usage, demands for grants on Nature and account are restricted to such services as have received the s^sbnai"^ sanction of Parliament, though an exception is occasionally giai^ts on , . account. made to this rule in favour of trifling, or non-contentious new services. A limit has also been placed by practice upon the total amount that may be demanded by estimates 520 GRANTS ON ACCOUNT. for a " Tote on account." To retard or to obyiate a re- Chapter newal of these demands, estimates have been presented for the first sessional grant on account, comprising an expendi- ture in advance for the ensuing three months. This course was followed in 1879 and 1881-2 : but such opposition arose, that the proposal for a three months' supply was not pressed, and provision for two months was accepted.^ Ac- cordingly, since 1881-2, the practice has been to limit the first grant on account to the ensuing two months, and the supply granted by the later votes on account to two months, or less. The power of Parliament is, in this matter, unrestricted ; and, in the session of 1888, to pro- vide for an impending adjournment from August to Novem- ber, the third grant on account was made for the period of four months.^ Grants on Grants on account may also be rendered necessary by a beforTa dissolution of Parliament. If the dissolution occurs in the dissolution, early portion of a session, before supply is completed, it may be necessary to take votes on account sufficient to carry on all the services, army and navy, as well as civil, until the new Parliament is able to consider the grant of supply.* When Parliament was dissolved in 1886, as the navy department was possessed of a sufficiency of supply, by the exercise of the power of making a temporary appli- cation of the grants they had received towards the service in general, nominal sums only were taken on account for the navy services:* but, in future, on such an ocuasion, substantial grants on account will be demanded for both army and navy services. The amounts demanded for grants on account caused by a dissolution were, to take the case of 1841,^ a supply consisting of one-half of the civil and miscellaneous expenditure. In 1857 ® and 1886,'' supply was taken for four, and five months. In 1880, supply was taken for three months, in behalf of the bulk of the navy and the civil services, and a four months' grant for ' 244 H. D, 3 s. 1593; 259 ib. ■■ 141 ib. 275. 1146. » 96 ib. 383. ' 143 C.J. 428. " 112ib. 93. 98. ' 114 ib. 158. ' 141 ib. 220. 275. Part I. GRANTS ON ACCOUNT. 621 Chapter education, and for those other special services, that are ■ seldom voted, in full, until late in the session.^ Part I. The facility thus given for carrying on the executive government without reference to Parliament, has not been unnoticed. In 1841, Lord John Eussell, on 7th June, pro- Assemhhj posed to take supply up to 1st October. Sir Eobert Peel tnent after objected, that this would enable the government to defer lioTl^ii. *^® meeting of Parliament until October ; and this objection was met by an assurance that the new Parliament should be summoned as soon as possible ; ^ and, under similar circumstances, when, in 1886, supply was asked for extending from June to 31st October, Mr. Gladstone stated that he thought it quite certain that Parliament ought to meet at an early period of time.^ The grants on account caused by a dissolution should be Appropri- A'ppropri- legalized by an Appropriation Act, passed before Parlia- advance see°p. 560. ment is dissolved, appropriating in detail all the supply g™°J^^^^ voted in the expiring session in the manner used at the dissolution. close of an ordinary session ; and the amount of supply left unvoted is dealt with by the succeeding Parliament.* The prorogation or dissolution of Parliament without an Appro- priation Act is a constitutional irregularity, as thereby all the grants of the Commons are nullified, and the sums must be voted again in the next session, before a legal appro- priation can be effected, a course which was followed on the two occasions when Parliament was dissolved, no Appro- priation Act having been passed,* On the occasion of the dissolution of 1820, the Commons did not pass a bill to effect the due appropriation of certain temporary supplies ; a course which drew from the Lords a remonstrance, which that house recorded on its journal (see p. 540). When, owing to the course of events, grants voted on Grants on account ' 135 0. J. 92. 93. 1784, and of Lord Grey in 1831. amount ° * 58 H. D. 3 s. 1274. The Commons, in 1784, resolved that required. ' 306 ib. 1817; see also debate, 1st the persons who acted on supply April, 1892, 3 Pari. Deb. 4 s. 507. grants, unsanctioned by an Appro- * See Appropriation Acts, sess. I. priatiou Act, would be guilty of a and II. 1886. high crime and misdemeanour, 39 0. 5 On the advice of Mr. Piit in J. 858. 522 SUPPLEMBNTABY GRANTS. account, as ia the case of the army and navy departments, "^^P^er exceeded the requirements of the current financial year, . statements were presented, by command, showing the amounts of the original scale of expenditure, together with reduced estimates for the sums ultimately found to be sufficient, which were referred to the committee of supply.^ In one case, a grant made on account was in excess of the total amount required. The due amount was accordingly Toted de novo in committee; and the previous resolution was rescinded, before the new resolution was agreed to by the house.^ Supplementary grcmts. — A supplementary estimate may be presented either for a further grant to a service already sanctioned by Parliament, in addition to the sum already demanded for the current financial year, or for a grant caused by a fresh occasion for expenditure that has arisen since the presentation of the sessional estimates, such as expenditure newly imposed upon the executive government See also p. by statute, or to meet the cost created by an unexpected dental emergency, such as an immediate addition to an existing '""''^^*' service, or the purchase of land, or of a work of art. Debate on a Supplementary estimates for the army and navy services j^^^!^}^ were presented during the session of 1884-5, to meet ^"^^ P- ^^^• increased expenditure caused by operations in Egypt and South Africa, and to provide for an increase of the ranks of the army.^ This method of placing before Parliament the demand for a supply created by that occasion, was adopted in preference to a vote of credit (see p. 524), because a fairly definite estimate could be formed of the amount that would be required, and of the general heads under which that expenditure would fall.* Depart- ^^® need for a supplementary grant to an existing mental an- service is uot infrequently caused by the system in force to ticipation . . of expen- ensure the control of Parliament over public expenditure. To provide for the early presentation of the annual estimates, the departments are obliged to compute in the month of ' 69 C. J. 18. 449 ; 111 ib. 172. => 140 ib. 26. 27. 92. ' Transport Service, 111 ib. 268. * 285 H. D. 3 B. 672. 873. . EXCESS GEANTS. 623 ^J^P*^"^ November their anticipated expenditure for the ensuing financial year, dating from the coming 1st April. Falli- bility must attend calculations which range over sixteen months in advance ; and as too large a demand for money is a grave departmental error, the official tendency is to make the demand too small. If the lesser error occurs, to avoid the still greater evil of excess expenditure, recourse of necessity must be had to a supplementary grant. Excess grants. — An estimate for an excess grant arises when a department has, by means of advances from the civil contingencies fund, or out of funds derived from " extra receipts," carried expenditure upon a service beyond the amount granted to that service, during the financial year for which the grant was made. The title of this class of estimate attests the nature of the grants ; and to place on record a permanent disapproval of these departmental excesses, the Commons resolved, 30th March, 1849, that " when a certain amount of expenditure for a particular service has been determined upon by Parliament, it is the bounden duty of the department which has that service under its charge and control, to take care that the expen- diture does not exceed the amount placed at its disposal for that purpose." ^ A demand for an excess grant by the army and navy Army and departments is of exceptional occurrence, as under the cess graats. privilege, which has been explained (see p. 518), the military and naval services have the power of applying the surpluses they can save out of the grants made to their departments, to meet excess expenditure made upon other grants, in cases where such expenditure is of public advantage. Excess grants are accordingly usually required by the civil service departments alone, as that financial privilege is reserved for the army and navy departments. Demands for excess grants, having been first brought before the committee of public accounts (see p. 563), are presented to the committee of supply in the form of a single resolution, which includes all the occasions for excess > 104 0. J. 190. 524 EXCEPTIONAL GRANTS. Excep- tional charses. Messages from the Crown. Procedure on ex- ceptional grants. expenditure that have occurred in the branch of the public service to which the resolution applies; and the grants should be voted, and the money made available before the end of the current financial year, in order that the irregu- larity may be set right at the earliest possible moment. Grant of a vote of credit. — Unexpected demands upon the resources of the United Kingdom for the defence of the empire, or for a warlike expedition, which, on account of the magnitude or indefiniteness of the service, cannot be stated with the detail given in an ordinary estimate, are laid before Parliament by an application, based on an estimate of the total sum required, for a vote of credit.^ Sums obtained upon a vote of credit are, like other grants of supply, available solely during the financial year when the vote was made.^ Exceptional grants. — An exceptional grant may be re- quired to meet the cost of an imperial undertaking which forms no part of the current service of the year, such as the 20,000,OOOZ. granted to facilitate the abolition of slavery in the British Colonies ; loans to foreign countries, and to Ireland ; ^ or the grant for the purchase of the Suez Canal shares. Demands also for pecuniary aid are made by a message from the sovereign, bearing the sign manual ; the object of these messages being usually to obtain a grant for the maintenance of the dignity and well-being of the Crown,* or for the reward of men who have rendered distinguished service to the empire.^ These demands for exceptional grants are brought before Chapter XXII, Part I. See also supplemen- tary grants, p. 522. Application of the Con- solidated Fwnd, see p. 558. Committees on excep- tional ex- penditure, see p. 593. Seception of royal p. 420. > 1856, 111 0. J. 269 ; 1884, 140 ib. 173, &c. The practice of demanding a vote of credit by a message from the Crown, has, since 1854, 109 ib. 432, been discontinued. ^ 285 H. D. 8 s. 875. ' West India Relief, 1832, 87 C. J. 452; Slavery, 20,000,000/. grant, 1833, 88 ib. 482; Sardinia and Turkish Loans, 1855 and 1856, 110 ib. 142. 406; 111 ib. 273; Fortifi- cations and Works, 1860, 1862, 1863, and 1867, 115 ib. 403. 441, &c. ' 43 L. J. 566 ; 86 0. J. 719 ; Duke of Cambridge, 1850, 105 ib. 539; Princess Eoyal, 1857, 112 ib. 153; Prince of Wales, 1863; resolutions agreed to nem. con. 118 ib. 69 ; Prince Albert Edward, 1889, 144 ib. 290. ' Sir H. Havelook, 1857, 113 ib. 9; Sir Rowland Hill, 1864, 119 ib. 293 ; widow of Earl of Elgin, 1864, 119 ib. 293; Lords Alcester and Wolse- ley, 1883, 138 ib. 146. 217. INCIDENTAL CHARGES. 525 (aapter Parliament either by a resolution proposed in a committee Part I. of the whole house, appointed to sit on a future day, for that purpose ^ (see p. 528), or by the presentation of an estimate, according to the nature of the demand. A grant Committee based upon an exceptional demand, or a royal message, may sage, que^ be Toted either by the committee of the whole house that ^fromthe '^ appointed to consider the matter, or wholly or partially chair, see by the Committee of supply. For instance, the grant for the emancipation of the negro was voted in a committee ; ^ the grant for the purchase of the Suez Canal shares was voted in committee of supply ; * and in the case of the demands occasioned by the marriage of the Princess Royal, 1857, the marriage portion, paid out of the revenues of the year, was voted upon estimate by the committee of supply, whilst the annuity granted to the princess was charged upon the Consolidated Fund by a resolution originating in a committee of the whole house,* a practice which has been followed on similar occasions. The grants voted in the committee of supply are dealt with by the Appropriation Act, and the grants voted in a special committee, by a bill brought in for that purpose (see p. 559). Grants and charges not lased on the annual estimates. — incidental Incidental charges necessary to carry on the public service, " ^"S^^- which are not of the nature of the annual supplies, are voted every session, upon the recommendation signified by See also p. a minister of the Crown (see p. 528). Usually these charges pf^^fanj are for salaries and other expenses caused by the imposition grants. ^f novol dutics upon the executive government by the legislation of the session. Parliament Mcssagcs from the Sovereign also are sent to inform Messages, to be sum- Parliament, when an emergency occasions the calling reserve "**• out for service, the militia, and the army and militia ^°'''^"' reserve forces.® The army reserve messages are commu- » 112 C. J. 153 ; 121 ib. 99 ; 144 ib. ' 3 Hatsell, 172 ; 67 C. J. 377. 380 ; ib. 355. 69 ib. 254 (Duke of Wellington); ' 88 ib. 383. Princess Charlotte, 71 ib. 220. = Suez Canal sharee, 131 ib. 55. = 1815, 70 ib. 399 ; 1854, 109 * 112 ib. 170. 175. ib. 242 ; 1878, 133 ib. 156 ; 1885 526 CONSOLIDATED FUND BILLS. nicated pursuant to statute; the messages regarding the *l^^**'^ militia are communicated in accordance with the constitu- tional principle, that warning should be given to Parlia- ment of events which must inflict an increased charge upon the people. These messages are, according to usage, referred to the consideration of a committee of the whole house. Issues in Consolidated Fund bills. — Until a grant of supply has The Appro- tim"? the ^i^en appropriated by statute to the service and object for slii, see p. ■'^PP™??'!: which the grant is destined, the treasury, unless otherwise ^®°" authorized, is not capable of making an issue of the sum so granted from the Consolidated Fund. The introduction The Cm- of the Appropriation Bill cannot, however, take place until ^^'gee all the grants have been voted for the service of the current P- ^^^• year, — a process usually ranging over the period of six months. A more prompt issue must therefore be made of the money granted from time to time for the current service Consoli- of the Crown. Accordingly, from time to time bills are stlL ™ passed during each session, in pursuance of the provisions of the Exchequer and Audit Departments Act, 1866, and of the Public Accounts and Charges Act, 1891, s. 2, known as the Consolidated Fund bills, which empower the treasury to issue out of the Consolidated Fund, for the service of the departments for whose use the grants are voted, such sums as they may require, in anticipation of the statutory sanction conferred by the Appropriation Act. The first Consolidated Fund Bill of the session is passed during the month of March. It includes the supply grants for the service of the financial year that ends on the then ap- proaching 31st March, together with the excess grants for the preceding financial year ; and this bill must receive the royal assent in time to allow of the necessary issues being made before the 31st March ; and it is also a neces- Grants on sity that some amount of supply for the service of the "^g"™*' ^'^'^ ensuing financial year should be made available upon the 1st April. 140 C. J. 51. 124 • 30 & 31 Vict. cc. 67, s. 14 ; 45 «& 46 Vict. c. 49, s. 18. HO, HI, ss. 10. 8 ; 33 & 34 Vict. c. Part I. KOYAL BECOMMBNDATION OF CHAEGES. 527 'xxii'^ The remaining Consolidated Fund bills are passed, during the progress of the session, at such times as may be requisite for the maintenance of the public service. Regulations adojpted hy the Commons to enforce the royal Procedure control over piibUc expenditure and revenue. — The Commons charge"!^ have faithfully maintained the duty and responsibility of No increase ih.Q sovereign, and their own, regarding the custody of of sums •,■,. , T T demanded, puDlic money, by standing orders framed specially for that see p. 580. pm,pQgg_i rpj^j.^^ ^^ ^^^^^ standing orders, Nos. 57-59, -s-.o. 57-59, were the first, and, for more than a century, were the only, p.''832. '^' standing orders ordained by the Commons for their self- government; and the regulations prescribed by those standing orders have been from time to time extended and applied.^ Under the practice thus established, every motion which in any way creates a charge upon the public revenue,^ s. o. 57.61, or upon the revenues of India, must receive the recom- p.^'sss. ' ' mendation of the Crown, before it can be entertained by Charges not the house ; and then, the recommendation having been svitject to . , , , , . IT 1 , royal given, procedure on the motion must be adjourned to a 'dationTee ^^^ure day, and be referred to the consideration of a com- p. 565. mittee of the whole house. Unless the recommendation of the sovereign enjoined Eecom- by these standing orders be signified, in the manner here- of the inafter mentioned (see p. 528), the Speaker cannot put the siVnTfi'ei'. question on a motion which comes within the scope of these standing orders. Accordingly, if any motion, or bill, or ' 3 Hatsell, 241. The Imperial from the damage the French troops Diet of Japan, during the session of inflicted on the islands of St. Kevis April, 1892, distinguished themselves and St. Christopher, during Feb. and by embodying in their procedure the March 1705, 15 C. J. 323. principle of imperial control over ' In the case of Lords Aloester and the initiation of public expenditure. Wolseley, the grant of a pension was — (Information supplied by the submitted to the House of Commons courtesy of Mr. Kentaro Kaneko.) by a royal message (see p. 524). ^ The first grant of public money Whilst the house was acting upon proposed upon a formal recommen- the message, a change from a pension dation of the Crown, took place on to an equivalent sum of money was 5th March, 1706, when Mr. Secretary thought desirable ; and the grant of Harley informed the house that her the sum of money was founded upon Majesty had been made acquainted a resolution of a committee appointed with a, petition praying for a grant upon the recommendation of the of 500,000?., presented by sufferers Crown, 138 ib. 217. 528 EOYAL RECOMMENDATION OF CHARGES. proceeding is offered to be moved, whether in the house Chapter or in a committee, which requires, but fails to receive, the recommendation of the Crown, it is the duty of the chair ''*'' ^• to announce that no question can be proposed upon the motion, or to direct the withdrawal of the bill.^ In like manner, after the question has been proposed on an amend- ment, and it has appeared that the amendment would vary the incidence of taxation, the Speaker has declined to put the question. Procedure on legislation creating a public charge. — In pur- s. 0. 57- suance of the standing orders which regulate the financial dix, p. 832. procedure of the house, committees of the whole house are appointed to sanction by their resolutions grants of public money, or the imposition of a charge upon the people. The committee is appointed, either before the commence- ment or after the close of public business, by a motion that Motions " this house will," on a future day, " resolve itself into a "^ "?*''' ' •' ' out notice, committee " to consider the matter specified in the motion, see p. 235. The royal If Satisfied that the motion will receive the royal recom- raenfetion. mendation, the Speaker proposes the motion as a question from the chair, and thereupon a minister of the Crown or a privy councillor, acting under instructions from the treasury, signifies to the Speaker, and to the house, that the motion is recommended by the Crown ; and the recommen- dation, and the name of the member who signified it, are recorded upon the journal of the house. Bills creating a cha/rge, — When the main object of a bill is the creation of a public charge, resort must be had to this procedure before the bill is introduced, and upon the report of the resolution of the committee of the whole house thereon the bill is ordered to be brought in.^ If the charge created by a bill is a subsidiary feature therein, resulting from the provisions it contains, the royal recom- mendation and preliminary committee are not needed in • 2 Hatsell, 168, n. ; 59 C. J. 335 ; C. J. 396 ; 98 ib. 167 ; 101 ib. 615 ; C3 ib. 266; 142 H. D. 3 s. 1302; 164 104 ib. 412; 113 ib. 31; Education ib. 173. 997 ; 241 ib. 1591. and Local Taxation Belief (Scotland) ' 19th April, 1800, Income Tax Bill, 25th Feb. 1892, 1 Pari. Deb. 4 Duties Acts Amendment Bill, 55 s. 315 ; 147 C. J. 67. 79. PROOBDUEE ON CHARGES. 529 Chapter XXII. Part I. Procedure on blanks, see p. 460. Money clauses (^select com- mittees'), see p. 471. on supply^ and ways and means reports, p. 590. the first instance, and the bill is brought in on motion. But before the clauses and provisions for the creation of incidental charges can be considered by a committee on the bill, those clauses and provisions must be sanctioned by the resolution of a committee appointed upon the recommen- dation of the Crown, and agreed to by the house ; ^ and in the presentation copies of the bill, the clauses and pro- Clauses, visions which create these charges are printed in italics, to jtaud^ mark that they do not form part of the bill, and that no question can be proposed thereon, unless vitality has been imparted to those provisions by a committee resolution ; ^ and amendments to bills which are not thus sanctioned, are . not proposed from the chair, or, if agreed to inadvertently, are cancelled.^ The Speaker also has declined, in like manner, to put the question on an amendment which would have varied the incidence of taxation.* In deference to the usage expressed in standing order Consideia- No. 62, that consideration of a charge upon the people charges "shall not be presently entered upon, but shall be ad- ^'^J'"'™^''- journed " to a future day, the resolutions of the committees of supply, and ways and means, and of all resolutions which are sanctioned by the recommendation of the Crown, are not considered on the day on which they are reported from the committee, but on a future day appointed by the house ; ^ and bills brought in upon such resolutions are, also, not Stages of passed through more than one stage at the same sitting of ™o'stponed.* the house.® 234 ; 55 ib. 396 ; 111 ib. 371 ; 137 H. D. 3 s. 1897 ; 164 ib. 173; 191 ib. 1877. * 123 0. J. 157 ; 191 H. D. 3 s. 1878. * A resolution from a committee See also of the whole house, authorizing the exemptions, collection of fees in the Court of P' ^^^• Bankruptcy by means of stamps, was reported forthwith, as the fees were not increased, but the mode of collec- tion only altered, 25th July, 1849, 104 C. J. 567 ; see also the Speaker's remarks, 315 H. D. 3 s. 789. ' 239 ib. 1419 ; see proceedings (Customs, &c., Bill), 5th May, 1893. 1 When the scope of a clause ex- ceeded the power given by the resolu- tion on which the bill was founded, the chairman declined to put the question thereon, 138 C. J. 234. ^ Public OflSoes (Site and Ap- proaches) Bill, 1865, 177 H. D. 3 =. 1308; 252 ib. 196. 533, &o. On an intimation from the Speaker, a bill reported to the house by a select committee containing a money clause not printed in italics was recom- mitted to the committee to set the matter right, 98 C. J. 487. 2 112 ib. 393 ; 137 ib. 345 ; 138 ib. P. 2 M 530 PEOCBDUKE ON GUARANTEES. Matters needing recommen- dation. Remission of ad- vances. 38&39 Vict. c. 89 s. 33. Recom- mendation of guaran- tees. Examples may be given of matters which need recom- mendation from the Crown ; namely, advances on the security of public works, when funds in addition to the funds already available to such purposes must be pro- vided to meet such advances ; ^ advances to landlords or tenants beyond the scope and objects of the Public Works Loans Acts ^ (see p. 536) ; bills relating to savings banks which create a charge upon the Consolidated Fund or other public liability ;,^ the imposition of stamp duties by private or provisional order bills ; * the release or com- pounding of sums due to the Crown ; ^ the repeal of an exemption from an existing duty, as the burthen of the duty is thereby augmented ; ^ the charge of certain pay- ments upon the Civil Contingencies Eund;'' a proposal to repeal an existing drawback on the export of sugar, as it effected an increase of charge upon the importers who desired to export sugar ; ^ a provision granting costs against the Crown or the revenue ofiScers, and thereby imposing a public charge ; ^ and petitions praying for compensation out of the public revenues.^" Prior to 1875, it had been held that a proposal for the remission of statutory advances made by the treasury did not come within the standing orders. But this exemption no longer exists, because these advances are made recoverable by statute, as specialty debts due to the Crown.^^ Procedure on guarantees. — Contingent or prospective charges upon the public revenue, and upon the revenue of India, come within the purview of these standing orders ; therefore before clauses in a bill can be considered, which Chapter XXII. Part I. • Exchequer bills for temporary reHef, 1817, 72 C. J. 220 ; 57 Geo. III. 0. 34. ^ Distress (Ireland) Compensation for Disturbance Bill, sess. 1880. ' 108 C. J. 558 ; 118 ib. 55 ; 130 lb. 1791. ' 132 ib. 180 ; 133 ib. 106 ; 135 ib. 95. 187; 146 ib. 353. = 75 ib. 152. 167 ; 98 ib. 52. To a clause about to be proposed for that purpose in committee on a bill, 20th June, 1861, 116 ib. 285. " Stamp Duties Bill, 1854, 109 ib. 334. ' St. Alban's Inquiry Commission Bill, 1851. ' 120 C. J. 313. » 166 H. D. 3 s. 1593. '» 81 C. J. 66 ; 83 ib. 212 ; 93 ib. 586 ; 112 ib. 219 ; 119 ib. 177. " Public Loans (Ireland) Eemis- sion Bill, 1881. EOYAL RECOMMENDATION, INSTRUCTIONS, ETC. 531 Chapter apply the Consolidated Fund — money to be voted by XXII. Part I. Parliament ^ — or the revenues of India ^ as a guarantee for sums to be raised, paid, or borrowed for any purpose, such clauses must receive the preliminary authority of a committee resolution, founded upon the recommendation of the Crown ; and the guarantee clauses in the bill must be printed in italics.^ insiruc- Instructions needing recommendation from the Crown. — instruc- p. 452. No instruction to a committee on a bill can be proposed *"'°^' which would enable the committee to add provisions to the bill creating a charge upon the people, unless such instruction receives the recommendation of the Crown.* Petitions for the creation of a charge. — In pursuance of Petitions. standing orders Nos. 57 and 58, a petition praying directly s. 0. 57. Procedure ^^ indirectly for an advance of public money ; ^ for com- ^j^^ pf 832" onpetitio^, pounding or relinquishing any debts due to, or other claims S66 p. 4yo, of the Crown ; ^ or for remission of duties or other charges payable by any person ; '' or for a charge upon the revenues of India,^ will only be received if recommended by the Crown ; ^ and, in case of debts due to the Crown, on proof of the steps taken for the recovery of such debts. Petitions distinctly praying for compensation, or indemnity for losses, out of the public revenues, are refused, unless recom- ' Main Drainage (Metropolis) Bill, 1858 ; Canada Eailway Bill, 1867. ' 1859, 114 C. J. 55. 315 ; 1860, 115 ib. 455; Military Orphan Fund, 1866, 121 ib. 156, &o. = 154 H. D. 969 ; 151 H. D. 3 s. 1519. * Notice of an instruction to extend the provisions of the Education (Scotland) (Sutherland and Caith- ness) Bill (1875) to Scotland gene- rally, notice paper, 15th June, 1875, p. 1430; and of an instruction. Local Taxation (Customs) Bill, 1890, to sanction the admission of clauses empowering the treasury to make » loan, were on this account ruled to be irregular. The words, "for an advance by way of loan from the treasury," were, consequently, withdrawn from the notice, p. 1575 of the notices. May, 1890. See also the Speaker's refusal to put the question on an instruction, Dublin Barracks Bill, 12th May, 1892, 147 C. J. 243. On one occasion, the royal recommenda- tion was refused to an instruction : but the refusal showed that the motion for the instruction should not have been proposed from the chair, 93 ib. 204. ' Captain Manby, 1823, 78 ib. 261. 285 ; 90 ib. 42. 487. 507; 111 ib. 247; 119 ib. 177. " 75 ib. 167; 81 ib. 66; 83 ib. 212. ' 81 ib. 353 ; 92 ib. 872 (Duke of Marlborough). ' 111 ib. 366. » 73 ib. 157 ; 74 ib. 422 ; 87 ib. 571 ; 90 ib. 487 ; 104 ib. 223, &c. 532 THE CKOWN AND TAXATION mended by the Crown : but petitions are received praying Chapter tHat compensation may be made for losses contingent upon the passing of bills pending in Parliament.^ No increase of sums demanded on lehalf of the Crown. — As is subsequently explained (see p. 580), the constitutional principle which vests in the Crown the sole responsibility of incurring national expenditure, forbids an increase by the Commons of a sum demanded on behalf of the Crown for the Royal re- servics of the state. This principle, however, is apparently tilm'^rde*' disregarded when the recommendation of the Crown is in general gjyen to a resolutiou empowering the expenditure of public money which, framed in general terms, places no limitation on the amount of expenditure to be authorized by the reso- lution. As the resolution sanctions, without any specific limitation, the application of money to be provided by Parliament to certain purposes, when the clauses in a bill founded upon such a resolution are before the com- mittee, the freedom of action sanctioned by that resolution can be exercised. The committee is not bound by the terms of the provisions which the ministers of the Crown have inserted in the bill ; and any member may propose an increase of the grants specified in these clauses, or to extend the application of the provisions of the bill, whatever may be the cost resulting therefrom, so long as the power conferred by the royal recommendation is not exceeded. Acting on this principle, when, in 1812, a committee was considering a message from the Prince Eegent recommending, in general terms, provision to be made for the family of Mr. Spencer Perceval, amendments were permitted for increasing the provision proposed by the ministers ; ^ and this practice has been supported by rulings from the chair, though, on the last occasion, not without remarks which deserve careful consideration.^ No pro- Responsibility of the Crown and Parliament regarding posai of taxation. — The principle that the sanction of the Crown must new taxes except by a be giveu to every grant of money drawn from the public minister. • 90 0. J. 136 ; 92 ib. 469. of Spencer Perceval, 303. ' 23 H. D. 199 : 2 Walpole, Life » 263 H. D. 3 s. 53 ; 354 ib. 1898. Part I. THE CROWN AND TAXATION. 533 Chapter XXII. Part I. See pro- ways and means, p. 588. Seduction of public charges, see p. 540. revenue, applies equally to the taxation levied to provide that revenue. No motion can therefore be made to impose a tax, save by the minister of the Crown, unless such tax be in substitution, by way of equivalent, for taxation at that moment submitted to the consideration of Parliament ; nor can the amount of a tax proposed on behalf of the Crown be augmented, nor any alteration made in the area of imposition.^ In like manner, no increase can be considered by the house, except on the initiative of a minister, acting on behalf of the Crown, either of an existing, or of a new or temporary tax for the service of the year ; nor can a member other than a minister move for the introduction of a bill framed to effect a reduction of duties, which would incidentally effect the increase of an existing duty, or the imposition of a new tax, although the aggregate amount of imposition would be diminished by the pro- visions of the bill. When a schedule of duties has been reported from a committee, and agreed to by the house, the committee on the bill cannot increase such duties, nor add any articles not previously voted : but if the duties so voted are less than those payable under the existing law, it is competent for the committee on the bill to increase them, provided such increase be not in excess of the existing duties. The house, accordingly, can make amendments which diminish the amount of a reduction of taxation, or post- pone the day when the reduction takes place, although the amendments may so far increase the charges upon the people. So long as an existing tax is not increased, any modification of the proposed reduction may be introduced in the committee on the bill, being regarded as a question, not for increasing the charge upon the people, but for deter- mining to what extent such charge shall be reduced. > On the 14th March, 1844, Mr. bate duty on real estate as was paid Howard Blphinstone proposed a com- on personal property. Objection mittee of the whole house to consider being taken, the Speaker observed the Stamp Acts, with the view of on the irregularity of the proceedings, imposing the same amount of pro- and the motion was withdrawn. Reduction of duties. Duties not to be in- creased by committee on the bill. Reduction of taxation. 534 THE CROWN AND TAXATION. Thus, on the 19th March, 1845, resolutions were reported Chapter . XXII. from a committee on the Customs Acts by which the import duties on glass were reduced from and after a prescribed date. In the committee on the bill introduced upon those resolutions, it was proposed to postpone the period at which such reduction of duty would take place ; and the amendment was ruled, privately, by the Speaker to be regular, although the amendment postponed the relief from taxation beyond the time voted by the preliminary committee, and agreed to_ by the house.^ Draw- As a final illustration of the way in which the reduction of public charges is dealt with, it may be mentioned that, as a " drawback " is a fiscal arrangement made to facilitate the exportation of goods liable to excise duties, and is so far an alleviation of taxation, a provision creating a " draw- Bounties back " can be considered without recommendation from ^^^ ?• ^^''^ the Crown, or a preliminary committee resolution. Thus when, in 1857, resolutions affecting the sugar duties had been voted in the committee of ways and means, although those resolutions did not touch duties levied in the Isle of Man, the grant of a drawback upon sugar imported into the Isle of Man was inserted in the Customs Bill which was founded upon those resolutions. In like manner, when upon the consideration of the Lords' amendments to a bill which was designed to relieve the Consolidated Fund of charges to the amount of 20,000Z., an amendment to the bill consequent upon a Lords' amendment, which limited the extent of that relief to 18,000Z., was held to be admissible, as not imposing an addition to the existing charge on the Consolidated Fund.^ Questions Doubts have been entertained whether, on the report of duties°on ^tago of resolutions from a committee by which duties are report. reduced, it is regular to propose any amendment by which such reductions would be negatived, or the amount of reduction diminished. It has been contended that such an amendment would, in effect, increase a charge upon the > 100 C. J. 206. See also proceed- " 193 H. D. 3 s. 1887. 1920 ; see ingB on Sugar Bill, 1848, 103 ib. 853. also n. 1, p. 549. Part I. WHEN EOYAL RECOMMENDATION IS NOT NEEDED. 535 Chapter people, which cannot be done with the Speaker in the chair, even upon royal recommendation, and the resolution of a committee. But it is clear that, if the amendment were made, it would merely leave unchanged the duty existing by law, or would reduce it ; and that the charge upon the people would not be increased. It would, indeed, be an anomalous form to report such resolutions to the house at all, unless the house could disagree to or amend them, and there are numerous cases in which amendments of this cha- racter have been proposed, without objection, on the report.^ Exemptions from the standing orders touching charges on Use of the people. — Unless a new and distinct charge be imposed charged upon the public revenue, the standing orders which regulate financial procedure are not applicable. This principle Financial applies to cases where it is proposed to authorize advances bfthe *"" oil the security of public works, out of moneys already set 549*se^ apart for such purposes.^ For the same reason, it was held, also cJiarges 30th June, 1857, that a bill which repealed a section of the to royal re- Superannuation Act that created a superannuation fund by S'"p^" means of annual deductions from official salaries, did not 565. 567. come within the scope of these standing orders, because. Charges to although the bill effected a diminution of public income, it within *^i*i ^^^ increase salaries, nor the public charge in respect committee, gf salaries. The same exemption also applies to legislation which varies the appropriation of the proceeds of an existing charge upon public revenue, whereby no new burthen is imposed; such, for instance, as the University Education (Ireland) Bill, 1882, which diverted to the use of the Eoyal University of Ireland, grants out of the Con- solidated Fund which were payable by statute to the Queen's Colleges in Ireland ; and this principle was applied to the Local Government Bill of 1888, which diverted from the exchequer to the county fund a portion of the probate duty, because, although thereby certain sums would ' Customs Act Report, 15th, 16th, Drainage (I.) Act, 5 & 6 Vict. o. 89 ; and 17th March, 1846, 101 C. J. 323. Puhlio Works (Manufacturing Dis- 335. 349. tricts) Bill, 1868 ; Drainage (I.) Act, ' Bailways (I.) Bill, 1847 (advance 9 Vict. o. 4, ss. 10. 31.51; Public of 16,000,000?.), (Lord G. Bentinok) ; Works (I.) Act, 9 Vict. c. 1. 536 WHEN ROYAL RECOMMENDATION IS NOT NEEDED. be intercepted, and the public revenue would be so far chapter diminished, no fresh payment arose out of the Consolidated 1_ Fund, or out of moneys provided by Parliament, nor was Par'i- any additional charge imposed upon the people, A ruling to this effect was, during the session of 1891, also made from the chair regarding the Russian Dutch Loan Bill.^ Nor do standing orders Nos. 57 and 62 apply to bills dealing with local loans. Moneys in Legislation regarding moneys administered by the public public works loan commissioners affords another mode of illus- raSners." ^rating the foregoing principle. By the National Debt and Local Loans Act, 1887 (50 & 51 Vict. c. 16, s. 6), the national debt commissioners are empowered to issue to the various commissioners mentioned in the Act, the sums required for local loans to an amount not exceeding that authorized by Parliament ; consequently, the particu- lar mode of application of those sums does not increase the total amount available for loans. The Act of 1887 created a Local Loans Fund, under the control of the national debt commissioners, which receives the repay- ments of the principal of local loans, and the income derived from interest thereon. The Act made the Consoli- dated Fund a security in case of deficiency ; and the reso- lution which sanctioned the liability so imposed upon the Consolidated Fund was, with the recommendation of the Crown, voted in committee.^ The provisions of the standing orders regarding the imposition of a charge were thus fully complied with by the procedure upon the National Debt Local Loans Bill of 1887; and, as compliance with the standing orders in respect of what may be termed the principal Act is held applicable to all subsequent bills which fulfil its purposes, since the passing of the National Debt and Local Loans Act, 1887, annual Public Works Loans Bills are ordered in on motion, without a preliminary recommendation from the Crown. On the same principle, and in like manner, the Land Purchase (Ireland) Bill, 1888, was introduced on motion, because the financial ' 354 H. D. 3 s. 171. ^ 142 0. J. 303. WHEN EOYAl RECOMMENDATION IS NOT NEEDED. 537 Chapter operations of the bill were based ou tbe Local Loans ^^"- Fund under the Act of 1887.^ Part I. Other cases of procedure may be mentioned in which Other ex- the recommendatioa of the Crown has not been held ^"'' "'°*' necessary, such as the transfer of certain charges from the Consolidated Fund to the supplies annually voted by Parliament, as no increased charge upon the people was effected ; ^ an exemption from penalties due to the Crown created by the Under Secretaries Indemnity Bill of 1864 ; * bills relating to savings banks, when solely of a legal and administrative character ; * and bills applying the land revenues of the Crown to improvements of Crown property, although by statute such land revenues are carried to the Consolidated Fund.^ The rule that recommendation from the Crown must be Indirect given to a guarantee based on the public, or Indian revenues created by (see p. 530), is only applicable to a provision which creates g"»''*°*^^^- a direct, though prospective, charge upon the public revenue. The application of this principle has received the follow- ing illustrations from transactions with the Government of India. revenue ;ees. The Government of India Act, 1858, s. 55, prescribes Indian that the revenues of India shall not be applied to expe- gulranl ditions beyond the frontiers, without the consent of both houses of Parliament; and if the resolution whereby this consent is given follows the directions of the Act, and is unaccompanied by a guarantee upon the exchequer, the resolution is exempt from the operation of the standing orders, and can be considered by the House of Lords Communi- without a previous communication from the Commons.* the°Lo*i^s '^^^ resolution, however, which, in 1867, was submitted to see p. 538. Parliament to empower the employment of Indian native ' 330 H. D. 3 s. 1550. Bill, 1852; Sunk Island Roads Bill, ^ 147 ib. 1220. 1852 ; Whychwood Forest Bill, 1853. ' 175 lb. 83. * Afghan War, 134 0. J. 23 ; 111 * 117 C. J. 90. L. J. 13 ; Egyptian and Burmese = Newborough Church Bill, 1 Expeditions, 137 C. J. 416 ; 141 ib. Will. IV. 0. 59; Hainault Forest 57. Bill, 1851 ; Pimlico Improvement 538 ADDRESSES FOR PUBLIC MONEY. forces in the Abyssinian War, was accompanied by a pro- Chapter vision that the contingent charges, which might arise out of the expedition, should be defrayed by the exchequer. *'' " The resolution approving that application of the Indian revenues, as it was accompanied by that proviso, was con- sequently moved upon recommendation from the Crown, and was referred to a committee ; and as the initiative in the imposition of charges rests with the Commons, the resolution was subsequently communicated to the Lords, and their concurrence obtained.^ The same question arose during the session 1885, when the consent of Parliament was sought to the employment of the Indian native forces upon an expedition into the Soudan and Nubia: but on this occasion it was held that the resolution was not brought by that proviso within the scope of the standing orders, because it created only an indirect liability, which could not arise unless the contingency creating such liability took place, and a grant was voted by Parliament towards the expenses of the expedition. The resolution was there- fore considered with the Speaker in the chair, and was sub- mitted directly to the Lords without previous communi- cation from the Commons.^ Addresses Grants needing no royal recommendation. — A grant of money^'''^ public money can be obtained, not only without a previous signification of the royal recommendation, but against the wish of the ministers of the Crown, by a motion, made in Charges s. 0. 60. accordance with the provisions of standing orders Nos. 60 Z*mr^ai 62, Appen- ^^^ 62, for the appointment of a committee of the whole ^^"'^ . dix, p. 833. ' '■'■ . mendation, house. Upon a future day, to consider a resolution for an p. 565. address to the Crown, asking for the issue of a sum of money for the purposes therein assigned, concluding with an assurance, " that this house will make good the same ; " ^ ' 123 C. J. 15. 18. 26 ; 100 L. J. dressed the Prince Regent to pay 14. Mr. Palmer's arrears of percentage, ' 140 0. J. 89. amounting to 54,000^. The Lords took » 83 ib. 456 ; 95 ih. 474 (Church notice of this vote for payment of a Extension); 96 ib. 57; 98 ib. 415 debt, which they had denied to be due. (DaniBhClaims);174H. D.3a. 1922; The Prince Eegent returned an 29th April, 1864 (Mr. Bewioke's case). answer declining to issue the money, On 21st May, 1811, the Commons ad- being the first instance of the kind. ADDEBSSES FOR PUBLIC MONEY. 539 Chapter procedure to whicli resort is made on occasions when a XXII . public monument to a deceased statesman is desired.^ If ^^^^ ^- a motion for an address for public money is submitted to the house in any other manner, the Speaker declines to propose the question to the house/ — a rule which has been held to apply to an address to the Crown to offer a reward See wit- for the apprehension of a witness who had absconded,* and nesm, p. ^^ ^jj address for the issue of gun-metal to be cast into a statue of a distinguished soldier.* To a certain extent, evasions are, by usage, permitted of Methods of the restriction imposed by the standing orders upon pro- public ex-^ posals for the expenditure of public money. Bills devising p™<^i*"''«- a large scheme for public expenditure, accompanied by provisions for the application of the same, have been brought in upon motion, the money clauses being printed in italics.^ In such cases, the principle of the bill is dis- cussed, and, if approved on behalf of the Crown, the neces- sary pecuniary provision is subsequently made; otherwise further progress of the bill is prevented by the refusal of the royal recommendation. In like manner, motions advo- cating public expenditure, or the imposition of a charge, if the motion be framed in sufficiently abstract and general terms, can be entertained, and agreed to by the house." Resolutions of this nature are permissible because, having A motion by Mr. Whitbread to (Ireland) Bill, ith Feb. 1847; Electric censure ministers for this answer Telegraphs Bill, 1st April, 1868 ; was negatived, 66 C. J. 357. 383 ; 20 Bailways (Ireland) Bill, 5th March, H. D. 1 B. 343 ; Lord Colchester's 1872, 209 H. D. 3 s. 1952. Diary, ii. 152. 332. " National Monuments, &c., 1844, ' Sir E. Peel, 1850, 105 C. J. 512 ; 99 C. J. 206 ; Emigration, 1848, Viscount Palmerston, 1866, 121 ib. 103 ib. 600 ; Kiver Thames (amend- 100 ; Earl of Beaconsfield, 1881, 136 ment on going into committee of ib. 230. Addresses for monuments to supply), 9th July, 1858, 151 H. D. Lord Chatham in 1778, and Mr. Pitt 3 s. 1168; 113 C. J. 294; National in 1806, were voted without a com- Defences, 1859, 114 ib. 318 ; Eecrea- mittee, being before the date of the tion Grounds, 1860, 115 ib. 246 ; standing order. Sailors' Homes, 1863, 118 ib. 181 ; ' 98 ib. 321 (Danish Claims), 16th County Court Judges (salaries), 1869, July, 1861, 164 H. D. 3 s. 997. 124 ib. 289 ; Harbours of Eefuge, 117 " St. Alban's case, 1851, 106 C.J. ib. 182; 126 ib. 98; 131 ib. 374; 189. Irish Sea Coast Fisheries, 1874, 129 * 125 ib. 355. 362. ib. 120 ; Volunteer Equipments, 145 « Lord Geo. Bentinck's Railways ib. 187. 540 THE HOUSE OF LORDS, AND CHAEGES. no operative effect, no grant is made or burthen imposed chapter by their adoption. And although, on one occasion, the house declined to receive a report from a select committee P"' '• which proposed compensation for losses incurred by certain patentees, because it had not been recommended by the Select com- Crown,^ the precedent has not governed the usage of the pyoceckre, house regarding resolutions agreed to by select committees ^°° P" ^^^' advocating an outlay of public money. Reduction Procedure for the ddminution of puhlio charges. — It follows. Seduction charges." ^s a matter of course, that a motion to alleviate the "^ pfTs's ■ burthens upon the people is not within the scope of the<'/''*''W standing orders relating to the imposition of charges upon the people. Hence a bill for diminishing or repealing a tax or other public burthen, unless the imposition of a new tax Is proposed by way of substitution, needs no royal recommendation or preliminary committee stage, and is brought in upon motion.^ Amendments, also, strictly con- fined to relief from pecuniary burthens, can be considered both in committee and with the Speaker in the chair (see p. 567). _ The responsibility discharged by the Lords in the grant THE of supplies for the service of the Crown, and in the imposi- OF tion of taxation, is concurrence, not initiation. Thus whilst lords, ^^g demand for supply made in the speech from the throne, on the opening of a session, is directed to the Commons, the speech is addressed to both houses of Parliament ; and to the financial legislation which that demand creates, the Lords must be a consenting party. Of their position in this respect the Lords have not been unmindful. When the Commons failed to provide for the appropriation of certain temporary supplies which they voted prior to the dissolu- tion, 1820, caused by the death of George IIL (see p. 521), the Lords, by a resolution, took notice that those supplies ' 92 0. J. 478. duty on bricks, 1839 ; Penny Post- ^ Repeal of stamp duty on admis- age Bill, 1840 ; Stamp Duty on sion to corporations, and repeal of Policies of Insurance, 2ud July, 1844 ; 4| per cent, duties, 1838 ; repeal of Paper Duties Bill, 1860. THE HOUSE OF LORDS, AND CHARGES. 541 Chapter had not been duly brought before them by an appropriation ^"^- bill.i The Lords hare taken exception, if a message from the Messages _. „ . . ,.-, ■, ^ from the Orown lor pecuniary aid is sent exclusively to the Commons ; i.rS ^^^ ^^^ ^^^ upwards of a century it has been the custom to pre- sent such messages to both houses, if possible upon the same day,^ addressing the demand for the grant to the Com- mons, and desiring the concurrence of the Lords by the message presented to tbeir house, a procedure which main- tains the constitutional relations of the two houses of Parlia- ment in matters of supply .^ The reply made by the Lords to the message is an address to the Crown, declaring their willingness to concur in the measures which may be adopted by the other house.* The Lords also express their opinion upon the public ex- penditure, the method of taxation, and of financial adminis- tration, both in debate and by resolution, and they investi- gate those matters by their select committees.^ Nor do the Commons, as formerly, attempt to exclude the Lords from inquiries of this nature by not transmitting to them reports and papers relating to taxation, or by declining to permit the attendance of a member to give evidence on this subject before a select committee of the Lords.^ Sight of the Origin of the Lords^ position. — The Commons, having The House ioTSaie *^'^"^S ^^s^^-^y *^''®® centuries claimed the right to include and charges grants, see the members of the House of Lords in the taxation levied "^ "pie"^^ upon the subjects of the Crown, advanced this claim still further by resolving, 1671, " That in all aids given to the king by the Commons, the rate or tax ought not to be altered by the Lords ; " and, by a second resolution, 3rd ' 41 Pari. Deb. 1631-1635. and Lord Wolseley, 1883, &o. 2 25tli June, 1713, and 28th Feb. ■■ 63 L. J. 892. 1739, 2 Hatsell, 366, n. The mes- * 1 Todd, Pari. Govt. ed. 2, 696. sage in regard to the provision for her " Poor Law (Ireland), 1846, 101 C. Majesty Queen Adelaide, on the 14th J. 238. 335 ; Parochial Assessment, April, 1831, was presented to the 1850, 105 ib. 368. The report, 24th Commons alone, 86 C. J. 488. May, 1867, on metropolis local ' 73 L. J. 28 ; 96 C. J. 29 (Lord taxation, was communicated to the Keane); 88 L. J. 129; 111 C. J. Lords. 186 (Sir F. Williams) ; Lord Alcester 542 THE HOUSE OP LOBDS, AND CHARGES. July, 1678, " That all aids and supplies, and aids to his Chapter Majesty in Parliament, are the sole gift of the Commons ; and all bills for the granting of any such aids and supplies ^*''* ^^• ought to begin with the Commons ; and that it is the un- doubted and sole right of the Commons to direct, limit, and appoint in such bills the ends, purposes, considerations, con- ditions, limitations, and qualifications of such grants, which ought not to be changed or altered by the House of Lords." 1 Bills or The Commons' privileges and legislation by the Lords. — See uii meats to By the practice and usage based upon that resolution, the p. 434. ' infringe"' Lords are excluded, not only from the power of initiating ^ or the Com- mons' amending bills dealing with public expenditure or revenue. privileges, but also from initiating public bills which would create a Poor law charge upon the people by the imposition of local and other buis laid rates, or which deal with the administration or employment p^'293^''^ of those charges. Bills which thus infringe the privileges of the Commons, when received from the Lords, are either laid aside or postponed for six months.* It follows, accordingly, that the Lords may not amend the seiaxatim provisions in bills which they receive from the Commons ^^f™' dealing with the above-mentioned subjects,* so as to alter, privileges, whether by increase or reduction, the amount of a rate or charge — its duration, mode of assessment, levy, collection, appropriation, or management ; ^ or the persons who pay, receive, manage, or control it ; ^ or the limits within which it is leviable. Other forms of amendment by the Lords ' 9 C. J. 235 ; ib. 509. bill, but defrayable out of moneys ' See p. 853. to be provided by Parliament. This ' See special entry, 24:th July, 1661, method of procedure was terminated on laying aside the Westminster in deference to a statement made by Paving Bill, 8 ib. 311 ; 56 ib. 88; the Speaker, 23rd Aug. 1860, 115 C. 86 ib. 905 ; 92 ib. 659 ; Deodands J. 500 ; 160 H. D. 3 s. 1629. 173i. Abolition Bill, 1846, 101 ib. 724 ; * Forfeited Estates (Ireland) Bill, Railway Audit Bill, 1850, 105 ib. 458; 1700, 13 ib. 318; 3 Hatsell, App. Parochial Schoolmasters (Scotland) No. 12 ; 105 0. J. 491. Bill, 1857, 112 ib. 404; 115 ib. 308. ' See Speaker's ruling on Munici- 361 ; 144 ib. 304. 316 ; 159 H. D. 3 s. pal Corporations (Ireland) Bill, 1839, 539. The Commons formerly ac- 50 H. D. 3 s. 3. cepted bills from the Lords, creating ' Baths, &c., Bill, 1846, 101 C. J. charges, not directly imposed by the 1234. Part II. THE HOUSE OF LOEDS, AND CHAEGES. 543 Chapter have also been held to infringe on the privileges of the Commons, such as the addition of a clause providing that payments into and out of the Consolidated Fund should be made under the same regulations as were applicable by law to other similar payments ; ^ of provisions for the payment of salaries to officers of the Court of Chancery out of the suitors' fund ; ^ and alterations in a clause prescribing the order in which charges on the revenues of a colony should be paid.^ The privilege claimed by the Commons has also been Local loans held to include legislation affecting the Local Loans Fund, ^^^ * """' a fund derived from local taxation, with the guarantee of the Consolidated Fund (see p. 536), created under the National Debt and Local Loans Act, 1887. For instance, the Land Purchase (Ireland) Bill, 1888, placed a limitation on the total amount to be advanced out of the Local Loans Fund to any one purchaser; and when the bill was con- sidered by the Lords, an amendment was proposed to re- strict this limitation to "any application made after the passing of this Act : " but the amendment was ruled out of order by the lord chancellors of England and of Ireland, as being outside the competence of their house.* On the same principle, two private bills were laid aside, piivHese because the bills sent by the Lords to the Commons con- ;°*'"°g«'' •' by priTate tained clauses irnposing a stamp duty on memorials ; ^ and bills. second bills were brought in, in accordance with the practice See also mentioned on p. 444. Another private bill, brought from the private bill Lords, Containing privileged clauses, was, however, permitted procedure, i • <. in p. 647. to proceed, on an explanation from the Speaker that the promoters of the bill were not responsible for the irregularity, and that the clauses would be withdrawn.^ • Naval Prize Balance Bill, 1850, reading, in the Lords. 105 C. J. 483. " 331 H. D. 3 s. 1224. 1226. ' Admimstration of Justice Bill, ' The Proyident Life Assurance 1841 ; Master in Chancery Bill, Bill and the Imperial Life Assurance 1847,— a clause to this effect was Bill, 1889, 144 0. J. 304. 316 ; see struck out on third reading, in the also Eoyal Dublin Society Bill, 1877, Lords. 132 ib. 299. ' Canada Government Bill, 1840; " 128 ib. 194; 213 H. D. 3 s. amendment withdrawn on third 1675. 544 THE HOUSE OF LORDS, AND CHAEGBS. Amend- ments indi' rectly touching privileged matters. Amend- ments in- fringing privilege. Part II. Aeeejatanee hy the Commons of privileged amendments. — If chapter otherwise unobjectionable, the Commons usually accept amendments by the Lords, which, though not strictly regular, do not materially infringe the privileges of the Commons ; and they justify their conduct by an entry in- serted in the journal, under direction from the Speater, ex- plaining the motives of the agreement, stating, for instance, that the 'amendments are verbal, — further the intention of the house, — carry out the intention of the Commons, — make the provisions of the bill uniform and consistent, — are rendered necessary by several Acts recently passed, — or that the amendment does not alter or otherwise affect any valu- ation or assessment of taxation.^ Even when amendments by the Lords are an infringement of privilege, it is not the invariable practice of the Commons to assert their claim regarding amendments made to bills that they have sent to the Lords, which dealt with the relief of the poor, or with municipal, county, and local rates and assessments ; more especially when those amendments affected charges upon the people incidentally only, and were made for the purpose of giving effect to the legislative intentions of the Commons.^ The difficulty also of sepa- rating those amendments from other legislative provisions or amendments, to which there was no objection, has frequently prompted their acceptance by the Commons.* Nor have the Commons, in dealing with amendments by the Lords to bills for the administration of local and other • 79 C. J. 524; 80 ib. 579. 631 ; 81 ib. 388; 86 ib. 684; 90 ib. 375; 91 ib. 823; 92ib. 659; 107 ib. 236; 112 ib. 389. 418; 116 ib. 205; 120 ib. 449; 122 ib. 426. 456; 123 ib. 345. 362; 131 ib. 412; 135 ib. 196. 369; 136 ib. 453; 137 ib. 389; 145 ib. 570. 575. == Prisoners' Eemoval Bill, 1849, the Lords made the bill perpetual, instead of being in force for three years. lu the Industrial Schools Bill, 1861, the Lords struck out a limitation of the Act, and thereby extended the charge: the Commons agreed to the amendment. ' Municipal Corporations Bill, 1837, 92 0. J. 465; Irish Poor Eelief BUI, 1838, 44 H. D. 3 s. 575 ; 93 C. J. 744 ; Municipal Corporations (Ire- land) Bill, 1838, 44 H. D. 3 s. 871 ; Poor Eelief (Ireland) Bill, 1847, 92 H. D. 3 s. 1299; 102 0. J. 593; Landed Property (Ireland) Bill, 1847, 120 ib. 594 ; Poor Eelief (Ireland) Bill, 27th July, 1849, 107 H. D. 3 s. 1039 ; Poor Law Loans Bill, 1871 (special entry); Poor Law Act Amendment bills, 1876, 1878, &o. Part II. THE HOUSE OF LORDS, AND CHARGES. 545 Chapter rates and charges, which touched matters of privilege, refrained from acting on the principle that, if the Lords' amendments, both in object and intention, dealt with legis- lative and not fiscal objects, a rigid adherence on the part of the Commons to their privileges might exclude the Lords from the practical consideration of such bills. On an occasion of this nature, in the session of 1838, when the Commons had before them Lords' amendments, many of which dealt with privileged matters, Speaker Abercromby explained the course which in his judgment should be followed. Speaking as the authorized guardian of the privileges of the house, he remarked, after reference to a precedent which had occurred in the year 1834, that the bill affected " not only the proprietors of the land, but the great mass of the people of Ireland ; " and that, " as the prin- ciple of rating was necessarily incidental to such a measure, he considered that, if the privileges of this house were strictly pressed in such a case, they would almost tend to prevent the House of Peers from taking such a measure into its con- sideration in a way that might be, on all grounds, advisable. Influenced by these considerations, as appears by the debates which took place on three occasions, in the years 1838, 1847, and 1849, with the expressed sanction, not only of Mr. Abercromby, but of Mr. Shaw Lefevre, the Commons waived the exercise of their privilege, and con- sidered amendments made by the Lords, which, not only by the omission of provisions, but by distinct enactment, changed the area, and therefore the burthen, of local taxation, and imposed rates higher than the rates fixed by the House of Commons.^ And, though the Commons disagreed to certain amendments, which proposed to apply loans drawn from the Consolidated Fund to objects other than those prescribed by the Commons, and to extend the time appointed for the application of the loans, their disagreement was not based on a claim of privilege.^ In like manner, although it ' 24tli July, 1838, 44 H. D. 3 s. 1847, 102 C. J. 594. 606; 92 H. D. 575 ; 92 ib. 1339 ; 107 ib. 1039. 3 s. 1299. 1339. 2 Landed Property (Ireland) Bill, r. 2 N 546 THE HOUSE OF LOEDS, AND CHARGES. is not competent for the Lords, by a private bill, to alter Chapter rates leviable under a public Act, the Speaker suggested '- that a Lords' amendment to' that effect, and therefore an * amendment which affected the privileges of the Com- mons, should be accepted, with a special entry upon the journal to justify and explain the course adopted by the house.^ Bejeetion of privileged amendments. — When the Lords' amendments necessitate an assertion of the Commons' privileges, the disagreement is made on the ground of privilege; and in the message to the Lords from the Commons, communicating the reasons for their disagree- saipro- ment, the assertion of this claim usually takes the form of "^g^^l' a statement that the amendments would interfere with the <""«»<'- ■ments, seo public revenue, or affect the levy and application of rates, p. 475. or alter the area of taxation, or otherwise infringe the privileges of the house, and that the Commons consider that it is unnecessary on their part to offer any further reason, hoping the above reason may be deemed suflBcient.^ This hint of privilege is generally accepted by the Lords, and the amendment is not insisted upon. Though, on a recent occasion, when the rejection by the Commons of an amendment, because, as stated in their reasons, the amend- ment would create "a further charge upon the revenue," was accepted by the Lords, that house asserted, by a resolu- tion, that they made no admission in respect of any deduction which might be drawn from the reasons offered by the Commons, and did not consent that these reasons should thereafter be drawn into a precedent.* Final dis- If the Lords return a message to the Commons insisting Procedure to Lorfs" "po'i a privileged amendment, the course adopted by the °^^.'*' amend- Commons is to order that the Lords' amendments be laid "js"**. see p. 479. > Dublin Corporation Bill, 1890, Licences Suspension Bill, 1871, 126 348 H. D. 3 s. 964. ib. 432 ; 208 H. D. 3 s. 1736 ; Erne ' Naval Prize Balance Bill, 1850, Loch and Eiver Bill, 1881, 136 0. J. 105 C. J. 491 ; Tramways (Ireland) 474. Bill, 1860 ; Juries Bill, 1862 ; Peace = 356 11. D. 3 s. 122; Elementary Preservation (Ireland) Bill, 1870, Education Bill, 1891. 125 ib. 123; Intoxicating Liquors mcnts. THE HOUSE OF LOKDS, AND CHARGES. 547 Chapter aside, or that the consideration of the amendments be XXII 1_ deferred for six months. "'' ^^' Relaxation of Commons' privileges. — The claim to ex- Pecuniary- elusive legislation over charges imposed upon the people an^^fg^f was formerly extended by the Commons to the imposition of fees and pecuniary penalties, and to provisions which touched the mode of suing for fees and penalties,^ and to their application when recovered ; and they denied to the Lords the power of dealing with these matters. The rigid enforcement of this claim proved inconvenient; and in 1849, the Commons adopted a standing order, based on a s. o. 44, resolution passed in 1831,^ which gave the Lords power to p.'gao. '^' deal, by bill or amendment, with pecuniary penalties, forfeitures, or fees, when the object of their legislation was to secure the execution of an Act ; provided that the fees were not payable into the exchequer, or in aid of the public revenue; and when the bill shall be a private bill for a Teers con- local or personal act. And the Commons also agreed to s. o. (?n- ThelevTof ^''^^^^^^ standing order, whereby they surrendered their no.^226. a charge, priyileges SO far as they affected private and provisional Tolls and order bills sent down from the House of Lords, which refer l^ thl'^ "° to tolls and charges for services performed, not being in the "^^^^'^ °^ nature of a tax, or which refer to rates assessed and levied by local authorities for local purposes. The practicaf result of these standing orders is a waiver by the Commons of their privilege with respect to pecuniary penalties in public and in private bills.^ Fees imposed in a public bill can oiily be dealt with by the Lords provided they are not paid into the exchequer ; whilst it is competent Primte ^^^ *^® Lords by a private bill to impose fees and tolls for bill pro- rendered services, and to authorize the levy of rates to be ccdure, see ■ • i< i i p. 647. assessed and levied by local authorities for local purposes. Legislation hy the Lords regarding charges, — The following Breach of expedients have been adopted, when it is desirable that a ^"J^i^^y bill containing provisions which deal with charges upon underlined provisions. » 8th March, 1692, 10 C. J. 845; 3 = Court of Chancery (Duchy of Hatsell, 126. 135. Lancaster) Bill, 1850 ; Burial Ser- ' 86 0. J. 477. vice Bill, 1846 (burial feea). 548 THE HOUSE OP LOKDS, ANB CHAKGES. the people should be introduced into the House of Lords. Chapter XXII In such a case, the bill is presented and printed, con- L_ taining the necessary provisions for giving full effect to ^'"'*^^- the intention of the bill, and is considered and discussed in the Lords in that form. On the third reading the provisions infringing upon the privileges of the Commons are struck out ; and the bill, drawn so as to be intelligible after their omission, is sent to the Commons in that form. The bill is printed by the Commons containing the omitted provisions, formerly printed in red ink, but now marked by underlines and brackets, and with a note stating that these provisions are to be proposed in committee. Thus, as these provisions form no part of the bill received from the House of Lords, no privilege is violated ; whilst the bill before the Commons contains every provision necessary for giving it full effect ; and in committee the privileged provisions, if approved of, are inserted.^ Breach of Occasionally, the same purpose is met by the form in aToldedby which the bill, or the amendments are drafted. For in- the bin™or^ Stance, when the Lords, by an amendment, extended the of the Contagious Diseases Prevention Bill, 1846, to Scotland ments. and Ireland, as the bill contained rating clauses, they inserted a clause providing that the rating power conferred by the bill should not be thereby extended. To this clause the Commons disagreed; the Lords did not insist thereon, and thus the whole bill was extended to Scotland and Ireland.^ A bill to continue the Crime and Outrage (Ireland) Act, 1854, was introduced in the Lords, but a& the Act contained sections which authorized charges upon the county cess and the Consolidated Fund, a clause wa& inserted which excepted those sections from the operation of the bill ; this exception was disagreed to by the Commons, ' Good examples of this practice Bill, 1873. A poor law administra- are afforded by the Burial Grounds tion bill, a class of bill formerly not Bill, in 1853 ; the Police (Scotland) accepted by the Commons from the- Bill, in 1857; the Probates, &c., Act Lords, was, by the adoption of this Amendment Bill, in 1858 ; the Cay- method, received and considered by man Islands Government Bill, 1863; the Commons. PoorKelief Bill, 1868» British North America Bill, 1867 ; 123 C. J. 262. and Supreme Court of Judicature ' 101 ib. 1290. Part II. THE HOUSE OF LOEDS, AND CHARGES. 549 xml' ^^'^ ^^'^^ *^® entire Act was continued.^ Again, as the creation of conservancy districts, with boards and rating powers, was one of the objects of the Eivers Conservancy Bill, 1879, the provisions dealing with rates were struck out on the third reading in the Lords ; and the Commons inserted those provisions in the bill, when it came before them. When the Irish Land Law Bill, 1887, was introduced in the Lords, as, under the Act of 1885 and the National Debt and Local Loans Act, 1887, advances to tenants are made out Localloans, of moneys in the hands of the National Debt commissioners — funds with which the Lords cannot deal — they inserted a subsection in the bill, providing that those advances should be made out of the Irish Church Fund surplus, — a fund which, by Act, had been placed at the disposal of Parliament, with a footnote stating that the subsection was inserted by the Lords to avoid a question of privilege, and suggesting the omission of the subsection. This was done by the Commons ; and the advances consequently came out of funds provided by the Public Works Loan commissioners, as desired by the Lords. Money hills outside the Commons' privileges. — The claim ^'"^ f^'"™ to an exclusive right over financial legislation exerted to which by the Commons has not been extended to bills dealing „,0Qg>p™i'yi. with funds set apart for the purposes of general, but not '^^^ ^° ""' public, utility. For instance, bills comprising charges upon the property and revenues of the Church or the Queen Anne's Bounty ; ^ dealing with the property and land re- venues of the Crown, the proceeds of which are not consigned ' The Commons, in the session of 123 0. J. 371 (see also p. 534). 1868, refused to strike out a formal " Church Endowment Bill, 1843 ; provision introduced by the Lords Ecclesiastical Commissioners (Eng- into the West Indies Bill for the pur- land) Bill, 1843; Bishopric of pose of its omission by the Commons, Manchester Bill, 1847. It was ruled, to make way for the substitution of privately, that a bill could not be a clause whereby a charge of 2000?. received from the Lords affecting a year might be retained upon the the revenue arising, under the Consolidated Fund ; and the pro- Church Temporalities (Ireland) Act, vision consequently appears as sec. 1843, from a tax, rate, or assessment 2 of the Act 31 & 32 Vict. c. 120, imposed upon all benefices. 550 THE HOUSE OF LOEDS, AND OHAEGES. by statute to the Consolidated Fund ; ^ and bills applying Chapter to various purposes tbe fund created by the Irish Church . Act, hare been received from the Lords by the Commons, or amended by the Lords, without objection on the score of privilege.^ Rejection hy the Lords of Mils and provisions creating charges wpon the people. — As the functions of the House of Lords in the grant or imposition of supply and taxa- tion are reduced to a simple assent or negative, it be- comes necessary to examine how far the power of dissent may be exercised without invading the privileges of the Commons. The legal right of the Lords, as a co-ordinate branch of the legislature, to withhold their assent from any bill whatever, to which their concurrence is desired, is unquestionable; and, in former times, their power of rejecting a money bill had been expressly acknowledged by the Commons : ® but, until the year 1860, though the Lords had rejected numerous bills concerning questions of public policy, in which taxation was incidentally involved, they had respected bills exclusively relating to matters Paper of Supply, and ways and means. In 1860, the Commons lhu.ies Bill, determined to balance the year's ways and means by an increase of the property tax and stamp duties, and the repeal of the duties on paper. The increased taxation had already received the assent of Parliament, when the Lords rejected the Paper Duties Eepeal Bill, and thus overruled the financial arrangements voted by the Commons. That house was naturally sensitive to this encroachment upon privileges : but the Lords had exercised a legal right, and their vote was irrevocable during that session. The Com- mons, therefore, to maintain their privileges, recorded upon their journal, 6th July, resolutions affirming that the right of granting aids and supplies to the Crown is in the Commons alone ; that the power of the Lords to reject bills ' Waste Lands (Australia) Bill, 1882, 137 ib. 451. 184g_ » 3 Hatsell, 110-157; 2 May, 2 Intermediate Education (Ire- Const. Hist. (7th ed.), 105 ; Report land) Bill (Lords), 1878, 133 C. J. on Tax Bills, Pari. Paper No. 414, 338 ; Arrears of Kent (Ireland) Bill, 1860. Part II. THE HOUSE OP LOEDS, AND CHAEGE3. 551 "^P**' relating to taxation "was justly regarded by this house Part 11. with peculiar jealousy, as affecting the right of the Com- mons to grant the supplies, and to provide the ways and means for the service of the year ; " and " that to guard, for the future, against an undue exercise of that power by the Lords, and to secure to the Commons their rightful control over taxation and supply, this house has in its own hands the power so to impose and remit taxes, and to frame bills of supply, that the right of the Commons as to .the matter, manner, measure, and time may be maintained inviolate." ^ In accordance with these resolutions, during the next session, the financial scheme of the year was presented to the Lords for acceptance or rejection, as a whole. The Commons again resolved that the paper duties should be repealed : but, instead of seeking the concurrence of the Lords to a separate bill for that purpose, they included in one bill the repeal of those duties with the property tax, the tea and sugar duties, and other ways and means, for the service of the year ; and this bill the Lords were constrained to accept.^ The budget of each year has since Composite that occasion been comprised in a general or composite Act, ^^'^ ^''^^' — a proceeding supported by precedent. In 1787, Mr. Pitt's entire budget was comprised in a single bill ; and during many subsequent years great varieties of taxes were im- posed and continued in the same Acts.^ Bejeetion hy the Lords of provisions creating a charge. — The right of the Lords to reject a money bill has been held to include a right to omit provisions creating charges upon the people, when such provisions form a separate subject in a bill which the Lords are otherwise entitled to amend. The claim of privilege cannot, therefore, be raised by the Commons regarding amendments to such bills, whereby a whole clause, or series of clauses, has been omitted by the Lords, which, though relating to a charge, » 115 C. J. 360; 159 H. D. 3 s. & 25 Vict. o. 20. 1383. ' 27, 35, Geo. III. c. 13, c. 1, &c. « 162 ib. 59i; 163 ib. 69, &c.; 24 552 THE HOUSE OF LORDS, AND CHAEGBS. Part II. and not admitting of amendment, yet concerned a subject Chapter separable from the general objects of the bill.^ On the 30th July, 1867, it was very clearly put, by Earl Grey and Yiscount Eversley, that the right of the Lords to Omit a clause which they were unable to amend, relating to a separate subject, was equivalent to their right to reject a bill which they could not amend without an infrac- tion of the privileges of the Commons.^ Tacks to hills of supply. — In former times, the Commons abused their right to grant supplies without interference from the Lords, by tacking to supply bills provisions which, in a bill tliat the Lords had no right to amend, must either have been accepted by them unconsidered, or have caused the rejection of a measure necessary for the public service. This is an invasion of the privileges of the Lords, no less than their interference in matters of supply infringes the privileges of the Commons ; and has been met by the Lords by standing order No, 59, and by their resolution of the 9th December, 1702 — " That the annexing any clause or clauses to a bill of aid or supply, the matter of which is foreign to, and different from, the matter of the said bills of aid or supply, is unparliamentary, and tends to the destruction of the constitution of the government." ^ On no recent occasion have clauses been irregularly ' Coroners Bill, 1844 ; District the schedule, and the Commons Lunatic Asylums (Ireland) Bill, made amendments which met the 1846 ; Courts of Common Law Bill, views of the Lords. Metropolis 1853 (stamp duty in schedule) ; Local Management Act Amendment Turnpike Trusts Arrangements Bill, Bill, 1862 (clause altering qnaliflca- 1856 (clauses relating to insolvent tion of vestrymen); Corrupt Prac- trusts) ; Poor Belief (Ireland) Bill, tices at Elections Bill, 1863 (clause I860 ; Prisons (Scotland) Bill, 1861 H, charging costs of commissions (schedule). In this case the bill upon local rates); Drainage (Ire- constituted prison boards, having land) Bill, 1863, Part I., omitted, taxing powers, and in the schedule which comprised many provisions appointed the numbers of each which the Lords could not have board, and the districts by which amended; Inclosure (No. 2) Bill, they were to be returned. The 1867, in which ■ the Lords omitted Lords desired to alter the constitu- Elsdon, Eochester, Northumberland, tion of the Edinburgh and Forfar ' Parliamentary Eepresentation boards, but being unable to make Bill (clause 7), 189 H. D. 3 s. 411. such amendments, they wholly 417. omitted Edinburgh and Forfar from ' 17 L. J. 185. THE HOUSE OF COMMONS, AND CHARGES. 553 xxir *^°^®*^ *° ^^^^s °f supply : but, in 1807, acting on the above resolution, the Lords rejected a bill for abolishing fees in '• the Irish customs, and also the Malt Daties Bill, "on account of its containing multifarious matter.' 1 OF COM- MONS Part III.— In England, as in many other countries of Europe, the Origin of HOirsE origin of taxation may be referred to "the feudal aids and ^''entaiy services, due from the tenants of the Crown to their feudal 'a^"''""- superior. The greater portion of the soil of England was held by military service, and the councils of William, being composed of the tenants-in-chief of the Crown (see p. 15), granted and confirmed, as a Parliament, the aids and ser- vices to which the king, as their feudal superior, was entitled. After the property in land had undergone many changes Growth of and subdivisions, and the commonalty had grown in numbers ^^^ *^,°™", '' o mons I'lght and wealth, the taxation became less feudal in its character ; "f supply. and the Commons assumed their place as an estate of the realm in Parliament, and represented wealthy communities. These changes are marked by the well-known statute, De tallagio non concedendo, in the 25th Edward I., by which it was declared, " That no tallage or aid shall be taken or levied without the good will and assent of the archbishops, bishops, earls, barons, TcnigMs, burgesses, and other freemen of the land." The popular voice being thus admitted in matters of taxation, the laity were henceforth taxed by the votes of their representatives in Parliament. The lords spiritual and the lords temporal voted separate subsidies for them- selves ; and from the reign of Edward I., the clergy, as a body, granted subsidies, either as a national council of the clergy, in connection with the Parliament, or, at a later period, in Convocation, until the surrender or disuse of their right in the reign of Charles 11.^ » 46 L. J. 342 ; 62 C. J. 61 ; 8 H. to meet at the same time as the Par- D. 1 s. 427. liament, but from 1717 until within ^ Eegarding the origia of Convo- the last half of the present century, cations, and of their time of meeting, were not permitted to transact any see the Parliamentary Original and business. See Debates, 18.52-53, on Eights of the Lower House of Con- the Proceedings of Convocation ; ] 28 vocation, by Bishop Atterbury, p. 7, H. D. 3 s. 247. 277; 124 ib. 978. 4to, 1702. They are still summoned 554 THE HOUSE OF COMMONS, AND CHAEGES. Commons' right to originate grants. Taxes by preroga- tive. S. 0. 54, Appendix, p. 832. Functions of the com- mittees of supply, and ways and means, At length, when the Commons had increased in political Chapter influence, and the subsidies Toted by them had become the . Part III. principal source of national revenue, they gradually as- sumed their present position in regard to taxation and supply, and included the Lords as well as themselves in their grants. So far back as 1407, it was stated by King Henry IV., in the ordinance called " The Indempnity of the Lords and Commons," that grants were "granted by the Commons, and assented to by the Lords." That this was not a new concession to the Commons is evident from the words that follow, viz. " That the reports of all grants agreed to by the Lords and Commons should be made in manner and form as hath hitherto been accustomed ; that is to say, by the mouth of the Speaker of the House of Commons for the time being." ^ Concurrently with parliamentary taxation, other imposts were formerly levied by royal prerogative with the con- sent of Parliament : but none of these survived the Revolu- tion of 1688.^ Since that time the public revenue of the Crown has been dependent upon Parliament, and is derived either from annual grants for specific public services, or from payments already secured and appropriated by Acts of Par- liament, and which are commonly known as charges upon the Consolidated Fund (see p. 558). Action of the Commons on the royal demand for a supply, — The action taken by the House of Commons upon the demand of aid and supply for the public service made by the speech from the throne, is the appointment, pursuant Speech to standing order No. 54, of those committees of the whole {^"^^5^^ house, which are known as the committee of supply and the P- 167. committee of ways and means. Motions setting up these committees are made immediately after the house agrees to the address in answer to the speech, and are put forthwith from the chair, no interference being permitted.' In these committees the financial duties of the House of Commons are mainly discharged. The committee of supply • 3 Eot. Pari. 611. » Bill of Bights, art. 4. » 23rd Feb. 1888, 322 H. D. 3 s. 1348. THE HOUSE OF COMMONS, AND CHAKGES. 555 Chapter controls the public expenditure by considering the grants "_ of money that will be required for the army, navy, and ■ civil services of the current year, upon the estimates of Procedure iii •• „ ■, rn in supply, that expenditure prepared by the ministers of the Crown. Indians ^^® Committee of ways and means provides the public see p. 577. income raised by the imposition of annual taxation, and see p. 516'. votos the resolutions that authorize the issue out of the Consolidated Fund of the sums required to meet the grants voted by the committee of supply (see p. 588). Committees Committees of the whole house are also appointed for Other on excep- ,i • i x- j> , -i • _p financial tionaiex- *he Consideration ot grants made in pursuance ot messages com- i^r**593 ^^^^ *^® Crown, or other exceptional demands for expendi- ™"**«es. ture. The matter of permanent taxation is also considered by similar committees ; and upon their resolutions bills are brought in to effect the objects sought by the appointment of these committees. The imposition of taxation, — The consideration of the The annual financial statement for the year made by the chancellor of taxation! the exchequer/ is an important feature in the financial legislation of each session. This statement, familiarly known as "the budget," is made when the minister has completed his estimate of the probable income and ex- penditure for the ensuing financial year, and usually after some progress has been obtained in voting the grants for the army and navy and other public services.^ In that See pro- Statement the chancellor of the exchequer develops his "(ways and '^iews of the resources of the country, communicates his ^l^"*)' P- calculations of probable income and expenditure, and declares whether the burdens upon the people are to be increased or diminished ; and, as the consideration of the taxes for the service of the year is the province of the committee of ways and means (see p. 556), to that com- mittee his statement is generally addressed.* ' Or sometimes the flrat lord of the votes ia committee of supply, 77 H. treasury, if a member of the House D. 3 s. 455 ; 96 ib. 900. 987. of Commons. ' Financial statements have not 2 In the years 1845, 1848, 1852, invariably been made in the com- and 1857, the budget statement was mittee of ways and means. In 1823, made in anticipation of the customary the budget was brought forward in 556 THE HOUSE OF COMMONS, AND CHARGES. The resolutions which form the usual basis of the chancellor's statement are the resolutions for the con- tinuance, during the ensuing financial year, of the customs duty upon tea, and of the income tax duty, as these duties are the only duties not, at present, made permanent by statute ; ^ and upon these resolutions, when agreed to by the house, the bill is introduced which gives legislative effect to the financial objects of the government.^ Yearly Taxes foT the revenue of the year. — In the procedure adopted sidered by by the Commons for the imposition of taxation, the following (mUtTe"!)f distinction is generally, if not uniformly, drawn. Taxes ways and applicable to the immediate exigencies of the public income, which are renewed from year to year, and Chapter xxn. Part III. Ways and means pro- cedure, see p. 588. the committee on the Exchequer Bills Bill, 9 H. D. n. s. 1413. On the 3 id December, 1852, and again on the 13th February, 1857, the statement was made in committee of supply, 123 H. D. 3 s. 836; 144 ib. €31. In 1860, it was introduced in a committee on the Customs Acts, 156 ib. 812. ' The duty on malt was made per- petual by statute in 1822, on tobacco in 1826, on offices and pensions in 1836, and on sugar in 1846. The continuance on the tea duty by annual resolutions, and not by statute, is presumably in accordance •with the established usage that one important branch of the revenue should be voted from year to year. See Mr. Gladstone's statement, 1863, 170 ib. 228. — (Information supplied by Mr. S. Spring Bice.) ' An anticipatory authority is im^ parted by usage to the resolutions of the house which impose or alter taxation. Under orders from the treasury, although statutory legal effect may not for some time be given to these resolutions, the reduced or the increased duties are collected from the date prescribed by the reso- lutions, as soon as they are agreed to by the house. These proceedings are, at the time, without legal au- thority: but they are subsequently legalized by the statute under which those altered duties are levied. Cus- toms Duties, 1842; ladian Corn, 1846; Sugar Duties, 1848. In the latter instance, the committee bad resolved that the new duties should commence on the 5 th July : but as the resolution was not reported until the 11th, it was amended on the report by substituting 10th July. Alterations were afterwards made in the scale of duties sanctioned by that resolution, 103 0. J. 708. Scotch and Irish Spirits, and Malt, 8th May, 1854. Molasses having been omitted from the resolution of the 8th, it was proposed, on the 10th, to supply the omission by a retrospective resolution, dating the increase of duty from the 9th May: but this course, being objected to, was not pressed, although the revenue officers had received in- structions to collect the increased duty, 133 H. D. 3 s. 119; 109 C. J. 230. Excise Duty on Spirits, and Customs Duties, 20th April, 1858 ; 113 ib. 125; Chicory, 15th April, 1861, 116 ib. 144; Tea and Sugar Duties, 24th April, 1863; Sugar Duties, 15th 'April, 1864, 119 ib. 170 ; Income Tax, 13th April, 1877, 132 ib. 153. 263. THE HOUSE OF COIVIMONS, AND CHARGES. 557 ^xxrc'^ temporary and other taxes imposed to obtain an immediate source of revenue, are considered by the committee of ways and means.^ Fiscal regulations, and alterations of Permanent permanent duties, not haying directly for their object the '*^^*"'"- increase of revenue, are dealt with by committees of the whole house.2 An illustration of this procedure can be illustration, drawn from past legislation on the sugar duties. Being an inthes"^ar annual duty, the duty on sugar was, until 1846, voted in the Paper Duty Repeal Bill, 1860, been preBented instead of a treasury el. 2, 157, H. D. 3 s. 2094. minute, the order for resuming the ' 120 C. J. 813. adjourned debate on the contract was ' On the 16th June, 1873, in the discharged ; and amended papers case of the Cape of Good Hope and were presented. Zanzibar mail contract, notice being * 125 C. J. 414, &o. taken that a treasury letter had ' 24 Pari. Hist. 720. Part III. THE COMMITTEE OF SUPPLY. 569 Chapter maintained during the year for the army and for the sea . services, the bill for the regulation of the army is ordered ^^^ ^^"^y in. A complete code of military law was formerly re- Bill, enacted by each sessional Mutiny Bill. In the year 1879, this legislative necessity was obviated, and a permanent Act was passed for the discipline and regulation of the army;^ though, to secure the rights of Parliament to give or to withhold its consent to a standing army, the permanent Act is inoperative, unless it be put in force by an annual Act, to which, under established constitutional usage, only a twelve months' duration is given. By this limitation, the Commons, in addition to their control over the number of the naval and military forces, and the yearly sums to be appropriated to their support, reserve to themselves the power of determining whether a standing army shall be kept on foot. The Mutiny Bill of former sessions is accordingly replaced by the Array Annual Bill, a bill which must become law before the 30th April in each year, the day on which the Army Act of the previous session See Debate, expires.^ On the second reading of an Army Annual Bill, p. 300. general debate on the enforcement of the existing army regulations is out of order.^ Part IV.— In eeplt to the sessional announcement from the throne, Appoint- aniTEEs" ^^^^ provision must b&made by the Commons for the service ™™* y^^^ni or SUP- of the Crown, and that the estimates for the requisite ex- ways and WAYS penditure will be laid before them, they appoint, acting on mittees. MEANS standing order No. 54, the committees of supply, and ways and ^. g. 54, &o. ' means (see p. 554). i^lsf'"' At the beginning of a new Parliament, when the house Appoint- resolves itself for the first time into the committee of supply, ™^"' "^ '■'■•'' chairman. the leader of the house, or a minister of the Crown in his behalf, calls upon a member to take the chair of the com- ' The Army Discipline, &o., Act, discipline of the marines, when 1879, re-enacted 1881, 44 & 45 Vict. ashore, is maintained by the Army c. 58. Discipline Acts of 1879 and 1881, as ' The discipline of the Koyal Navy kept in force by the Army Annual and the marine force, when afloat, is Bill, secured by permanent statutes. The = 334 H. D. 3 s. 807. 570 THE COMMITIEB OF SUPPLY. mittee. If difference should arise in the committee con- Chapter XXTT earning the election of a chairman, the matter must be , determined by the house itself. The Speaker at once re- ^'"^' ^^• sumes the chair ; and a motion being made, " That A B do take the chair of the committee," the Speaker puts the question, whicli being agreed to, the mace is again removed from the table, and the house resolves itself into committee.^ Duties of The chairman so appointed, known as the chairman of chairman. ^-^^ committee of ways and means, presides over that com- mittee, and over the committee of supply for the remainder of the Parliament.^ He also presides over the other com- mittees of the whole house (see p. 361), acts as deputy Deputy Speaker, and executes various duties in connection with g^^" [91^ private bills (see pp. 708, 716, 721, 756, 789). He is also assisted by the services of temporary chairmen, who take the chair on his request ; and, in their absence, by other members, according to the usage which regulates com- mittees of the whole house, as stated on p. 361. Retirement If the chairman of ways and means resigns the chair of chair- (Juj-jng the sitting of Parliament, he usually announces his retirement to the house, when observations are made by the ministerial and opposition leaders.^ Days of ^J ^ custom nearly as ancient as the institution of the sitting. committees of supply, and of ways and means, these com- ' 19tli Jacobi, a dispute being house, 15 H. D. 302; 65 C. J. 30. in the committee, which of two Mr. Playfair having resigned the members named should go to the ofBce, Sir A. Otway was called to chair, the Speaker was called to his the chair, 2ud March, 1883, when a chair, and put the question, that member rose to address the corn- Sir Edward Ooke (who was one of mittee. Mr. Speaker thereupon re- the persons named) should take the sumed the chair ; and upon question chair, and then the Speaker left his it was ordered that Sir A. Otway do chair. Memorials of the Method, take the chair of the committee, 138 &o., of Proceedings in Parliament, by ib. 63 ; 276 H. D. 3 s. 1321. H. S. B. C. P., 1658, p. 37 ; 1 0. J. ' His salary, first paid out of the 650; 9 ib. 386; 13 ib. 791; 21 ib. civil list, then voted on address, is 255; 40 ib. 1126, &c.; 3 Grey's De- included among the annual estimates, bates, 301. Two members having 55 C. J. 790 ; 8 H. D. 1 s. 228; see been successively called upon to take also report on office of Speaker, 1853. the chair of the committee of ways ^ Colonel "Wilson Patten, 5th April, and means, 2nd Feb. 1810, the 1853,125 H.D. 3 s. 591 ; Mr. Dodson, Speaker immediatelyreturned to the 8th April, 1872, 210 ib. 892; Mr. chair to submit the question to the Lyon Playfair, 1st March, 1883. THE COMMITTEE OP SUPPLY, 571 Chapter mittees are placed among the orders of the day for every Monday, Wednesday, and Friday ; ^ and the sitting of the Part IV. committee was formerly restricted to those days. This re- striction is no longer in force. Standing order No. 55 pro- s. 0. 55, vides that these committees may be set down for any sitting ''832 "'' of the house ; though, following the directions given by the standing order, these committees are always appointed for every Monday, Wednesday, and Friday ; nor can this arrangement be disturbed, save upon motion made by a member of the government to provide for the transaction of business.^ Under standing order No. 11, the order of the day for Supply on the committee either of supply or of ways and means, is " *^^" placed the first order on Friday, and the question must be proposed, that the Speaker do leave the chair (see p. 246). An instruction to the committee of supply cannot be instiuc- moved, as, following the Speaker's ruling, " nothing can be *'°"" brought on in that committee of which notice has not been given in detail, by the estimates laid before the house." * Amendments on going into committee of supply. — The ancient constitutional doctrine," that redress of grievances should be considered before the grant of supply, is main- SuU of tained by the usage which sets aside the rule of relevancy relevancy, y/T^Qj^ the question is proposed that the Speaker do leave the see p. 278. ^ '■ chair for these committees ; and standing order No. 51 pre- s. 0. 51, scribes that this question must be proposed, whenever it is p.^832. '^' intended that the house should resolve itself into the com- mittees of supply, or ways and means ; though, as is shown (p. 573), the operation of this standing order is considerably restricted by the provisions of standing order No. 56. Ac- cordingly, under this usage, any matter, if otherwise in order, can be brought forward by debate raised with or without notice, on the main question for the Speaker's Motions of leaving the chair, or upon an amendment to that question whichnotiae ^vhich is proposcd bv a member who has placed upon the iS requisite, r r j r r see p. 236. notice paper a notice * of the amendment. ' 11 C.'J. 98. 501. ' Mirror of Pari. 1828, p. 1972. 2 17th June, 1878, 240 H. D. 3 s. * Notice requisite, 8th May, 1868, 1669; leth July, 1880, 254 lb. 731. 191 H. D. 3 s. 2053; 1st May, 1887, 572 THE COMMITTEE OF SUPPLY. Debate on The Ordinary rules of debate are applicable on this Chapter commutee. occasioD. For instance, the opportunity created by the . question of the Speaker's leaving the chair cannot be used ^*'^' ^^• to bring forward a matter already decided by the house, of onS^akll's which notice has been given, or which stands upon the ^^"".^ *''" ° ' t chatr, see notice paper.^ Matters which should be considered upon a p. 574. substantive motion (see p. 263), are equally inadmissible. Nor can any subject, or matter of detail, which should be discussed in the committee, be debated on these occasions. Accordingly, neither debate nor amendment can be per- mitted relating to grants already agreed to, or to resolutions which will be proposed in the committees of supply,^ or ways and means,* or to items upon the estimates. So also, under the rule that a member cannot speak twice to the same question (see p. 304), a member who spoke when the main question, " That Mr. Speaker do leave the chair," was before the house, caimot speak again thereon ; though, when an amendment has been proposed from the chair, he can re-enter into the debate, because a new question has been New ques- submitted to the house ; and, in the same way, members who p^s'oe^^ have spoken to one amendment may speak again, after another amendment has been proposed.* Sittings of the committee of supply on Monday and Thv/rs- day, under standing order No. 56. — The power of raising general debate upon the question for going into the com- s. 0. 56, mittee of supply is regulated by standing order No. 56, Appendix, p. 832. 314 H. D. 3 a. 1718 ; Kules, Orders, ovder, as the vote to which it referred &o., No. 314. had already been agreed to by the > 142 ib. 1026 ; 189 ib. 91 ; 308 ib. house, and could not be reopened 1755. ' in that form, 164 ib. 1500; see ' 2nd June, 1856 (Mr. Blackburn), also 24th Feb. 1862, 165 ib. 639 ; not reported. On the 25th July, Dockyard Commission, 22nd Feb. 1861, Mr. Hope rose to move as an 1864, 173 ib. 903 ; Greenwich Hos- amendment to the question for the pital, 5th Aug. 1867, 189 ib. 857; Speaker's leaving the chair, an ad- Number of Land Forces, 4th March, dress, praying that a sum already 1872, 209 ib. 1327. voted for the Eoyal Military College = On the 21st April, 1864, Mr. at Sandhurst should not bo expended Sheridan's amendment on fire in- until the house had had time to con- surances was framed so as to avoid aider the plan of certain proposed this irregularity, 174 ib. 1447. buildings : but the Speaker ruled * 175 ib. 770. that such an amendment was out of THE COMMITTEE OF SUPPLY. 573 ^xsai ""^^^^ provides that when that committee is taken on a when '— Monday or Thursday, the Speaker leaves the chair without fP^^"^"; Part IV. . 1 leaves the question put, unless on the first time of going into com- "hair foith- mittee of supply upon the army, navy, and civil services ^' respectively, or for a vote of credit, an amendment is moved, or discussion raised, relating to the estimates of which notice has been given. He therefore quits the chair without question put, when notice is given that estimates for supplementary, or excess grants, or grants on account, will be taken ; ^ and the only occasion when, pursuant to standing order No. 56, the Speaker proposes the question for his leaving the chair for the committee of supply, is limited to the sittings Estimates, when the annual estimates for the ensuing financial year, see p. 516. ^j, ^^j. ^ ^^^^ ^^ credit, are first set down for consideration ; ^ Vote of and in the debate on amendments that may follow thereon, Enforce- p.^524 ^^^ relevancy to the class of estimates of which notice has been "uvancy, given is strictly enforced. For instance, such matters as """^'^ ^- *■ the desirability of an appeal in criminal cases, or the conduct of the Lord-Lieutenant of Ireland, were held to be subjects which could not be debated on the civil service estimates, because, in the first case, the amendment did not refer to any present action on the part of the government, and because, in the second, the lord-lieutenant's salary was not granted by the committee of supply,^ and, for an analogous cause, the subject of the Greenwich Hospital funds was excluded from debate upon the navy estimates.* Monday and Thursday, owing to the facility given to tbe Debate on transaction of the business of supply under standing order „"c[eTs' o No. 56, are the days usually chosen for the sittings of that i'- committee ; and, during the progress of the session, the pro- ' 2nd and 12tli March, 1883, 276 and a motion that Ihe house will im- H. D. 3 s. 1261; 277 lb. 220; 5th mediately resolve itself into supply March, 1884, 285 ib. 549; 13th Nor. has been agreed to, 2nd Aug. 1884, 1884, 293 ib. 1598 ; 12th March, 1885, 291 ib. 1531. 295 ib. 893. = 30th March, 1885, 296 ib. 1010 ; ' The Speaker leaves the chair 9th Sept. 1886, 308 ib. 1756. 1774- forthwith on occasions when a sitting 1779. 1785-1789. of the committee held under standing * 17th March, 1890, 342 ib. 1027. order No. 56 has been interrupted, 574 THE COMMITTEE OF SUPPLY. visions of this standing order are habitually extended, by an Chapter order of the house, to every sitting of the committee of . supply except on a Friday, which' is generally reserved, ^"^ '^• throughout the chief portion of the session, as an opportunity for raising general debate. Order in Procedwe On the question for the SpeaJcer's leaving the "mln'd^ cJ^aiV. — Under established usage, members who desire to raents. bring forward amendments of which they have given notice. Rules, do not wait for the Speaker's call, but rise to do so when No'^314. "^ ' *'^® opportunity occurs.^ Accordingly, when several notices have been given of amendments on going into the com- mittee of supply, though the Speaker endeavours to follow the order taken by the notices of amendments upon the notice paper, that order cannot be observed, unless the members themselves rise in due course, and claim their opportunity. As notice is required of these amendments, they can only be moved by the member who gave the notice (see p. 285). In this, and in other respects, order in debate on going into committee of supply conforms to ordinary practice ; thus when an amendment to the question for the Speaker's leaving the chair has been negatived, as it has been decided that the words proposed to be left out shall stand part of the question, no further amendment can be moved thereto ; though, as has been mentioned (p. 572), general debate on the main question can be maiutained by those members who have not moved nor seconded an amend- ment thereto, or spoken on the main question before an amendment was moved. Effect of -'^^^ adjournment of debate on au amendment to the 5. 0. n on question for the Speaker's leaving the chair creates, occa- journed sioually, an exceptional result, owing to the direction con- ment." tained in standing order No. 11, that on Fridays the ques- supply on tion that the Speaker do leave the chair must invariably ■^"''"^g^g be proposed. If an adjourned debate on that question is standing upon the notice paper when the ensuing Friday comes round, the order of the day for resuming the adjourned debate is removed, and procedure on the amendment lapses, ' 174 H. D. 3 s. 1960. THE COMMITTEE OF SUPPLY. 575 Chapter XXII. Part IV. Revival of orders of the day, see p. 250. in order that the Speaker, in obedience to the standing order, may propose afresh the question for his leaving the chair.^ The order for an adjourned debate is removed in like manner whenever the committee of supply is taken s. 0. 56, forthwith in pursuance of standing order No. 56.^ p.^832^'^' Revival of the order for the committee of supply. — The committee of supply must be kept on foot throughout the session, until closed in due course (see p. 587). Accordingly, when the house, by the acceptance of an amendment to the question for the Speaker's leaving the chair, has thereby superseded the order of the day for the committee of supply, that order is revived by a motion, made forthwith, either that the house will immediately,^ or upon a future day,* resolve itself into the committee of supply.^ This course has also been followed on those occasions when, the motion for the Speaker's leaving the chair having been negatived, the house could not agree in the amendment that should follow thereon. For instance, four successive amendments having been tendered in vain for the acceptance of the house, an ' lOtli and 17tli April, 1891, 146 O. J. 197. 216 ; 352 H. D. 3 s. 383. 2 27th and 30th May, 1892, 147 0. J. 297. 300. See also supply pro- cedure (" Votes " and notice paper), 9th, 10th, and lltli March, 1893. The order for the adjourned debate ■was removed on Friday, 10th March, and when the question was repro- posed (11th March) for the Speaker's leaving the chair for the committee of supply (Army Estimates), it was held (private ruling) that, as on the 0th March the house decided against an amendment to that question, no amendment could be proposed there- to on the 11th March, but general debate was maintained on the ques- tion. ' Flogging in the Army, 15th March, 1867, 122 ib. 106; Duchy of Lancaster, 5th May, 1871, 206 H. D. 3 s. 323; Slave-Trade (Egypt and Turkey), 16th March, 1877, 1 32 C. J. 104; Turkey and Greece, 6th May, 1881, 136 ib. 219; also 136 ib. 288; 138 ib. 63. On the 27th July, 1874, this proceeding was adopted in the case of the committee of ways and means, after an amendment to the question for the Speaker to leave the chair had been agreed to (Monastic and Conventual lustitutions), 129 ib. 337. * 14th March, 1879, Ordnance Corps, 134 ib. 94 ; 4th April, 1879, East India Cotton Goods, ib. 136; 2nd May, 1879, Irish Land Act, 1870, ib. 177; 138 ib. 168; 143 ib. 200 ; 145 ib. 284. ^ Tlie motion that the house will, Formal on Monday next, resolve itself into motions the committee of supply was made, "fi^'' mter- 27th May, 1892, immediately after an "'^^IT' ^^^ adjourned debate on an amendment to the question for the Speaker's leaving the chair for supply had been adjourned by the midnight interruption of business, 147 ib. 297. 576 THE COMMITTEE OF SUPPLY. Committee to sit again forthwith. Supply committee on Friday. Kesump- tiou of sittings. addition to the initial word " Tliat " was accepted, whereby the sitting of the committee of supply was postponed to a future day ; ^ and, on another occasion, by words so added, the house immediately resolved itself into committee of supply.^ Except on occasions when, under standing order No. 56, the Speaker leaves the chair forthwith, the resolution for the immediate resumption of the committee of supply compels the reproposal of the question for the Speaker's leaving the chair; and a division has been taken against that question,^ and amendments moved thereto.* As the appointment, by standing order, of the committee of supply as first order of the day on Friday was designed to facilitate debate, it has been contended that, on a Friday sitting, it is the duty of the government, when an amend- ment has been carried, to move that the house will again resolve itself into the committee, to create a further oppor- tunity for discussion or amendment. This course is not unfrequently followed: but it is not obligatory, either by standing order or by usage, and the expediency of making the motion is left to the judgment of the government.^ In order to meet the requirements of the public service, the house exercises much freedom of action in dealing with the committee of supply. Occasionally, the resumption of ih6 committee is obtained, immediately after business has been transacted therein, upon the report to the house of the resolutions of the committee. Thus on one occasion, the house went into committee, three resolutions were passed, and on the report of the resolutions, a motion was made forthwith that the sitting of the committee should be resumed;® and a like motion was made at a nine o'clock Chapter XXII. Part IV. Question reduced to " nat," see p. 278. Fi-iday (supply), see p. 246. 1 120 0. J. 379 ; 180 H. D. 3 s. 369-427. 2 126 0. J. 416. = 24th May, 1860, 115 lb. 267. * Assiatant-Surgeons, Navy, 8th April, 1850, 105 ib. 198 ; Billeting Soldiers, 7th April, 1856, 111 ib. 124; Forms of Prayer, 13th July, 1858, 113 ib. 306 ; 115 ib. 454 ; Flogging in the Army, &c., 15th March, 1867, 122 ib. 106; Recruits, 16th May, 1867, ib. 219 ; 133 ib. 266 ; 174 H. D. 3 s. 1960 ; 205 ib. 1515 ; 206 ib. 322. " Mr. Speaker's observations, 5th May, 1871, 206 ib. 322; 6th April, 1883, 277 ib. 1716 ; 19th March, 1886, 303 ib. 1423-1426 ; 26th Feb. 1892, 1 Pari. Deb. 4 s. 1447. ' 27t.h June, 1879, 134 C. J. 301. THE COMMITTEE OF SUPPLY. 577 Chapter sitting, when, pursuant to standing order No. 7, the chair- 8. 0. 7, man made his report to the house ^ (see p. 211, n. 2). p. 825.' ' Part IV. And when the order of the day for the committee of supply becomes a dropped order by a sudden adjournment of the house, under the practice explained elsewhere (see p. 250), if necessity arises, the house at the next sitting immediately resolves itself into the committee of supply. Notice of transaction of business in committee of supply, — Notice of When the transaction of business is desired, notice of the H J,™ co^n- estimates intended to be submitted to the committee at that sidered. sitting is affixed to the order of the day. The notice of an estimate has been waived by the house, on the 11th June, Waiver of 1886, Under urgent circumstances ; and, similarly. Class III. see p!'233. 0^ ^^^ ^ivil Service estimates was considered, public notice in the house having been given of an intention to take that class, although notice to that effect was accidentally omitted from the notice paper circulated among the members of the house.^ Form of supply resolutions. — Each grant is placed before Supply the committee of supply by a motion, which repeats the '^^° ^^^°^=- definition contained in the estimate of the total amount of each grant, and of the particular service for which the sum is demanded. The form the motion takes is, " That a sum, not exceeding I., be granted to her Majesty, to defray the charge which will come in course of payment during the year ending on the 31st day of March, 18 — , for" the object therein specified. Procedure on supply grants. — A motion for a grant may CommiUee be submitted to the committee in the order selected by the procedure, mover without regard to the order and arrangement of the see p. 369. ° .... estimates.^ The grants for future expenditure arising in an ensuing financial year can 'be voted before a supplementary grant to make good past expenditure which had arisen in the then current financial year.* Nor is a partially con- » 15th July, 1887, 142 0. J. 373; (1) men, (2) wages, (3) supplementary, 247 H. D. 3 s. 888. 1016. 142 0. J. 121 ; do. 5th and 9th March, ' 2l8t June, 1889, 337 ib. 425. 1891, 146 ib. 125. 131. Army: (1) men, ' 215 ib. 1014. (2) pay, (3) supplementary, 14th and ' 18th March, 1887, Navy Grants : 19th March, 1890, 145 lb. 187. 192. P. 2 p 678 THE COMMITTEE OF SUPPLY. sidered motion, of necessity,^ brought forward as the first Chapter motion at the next sitting ; and when such motion is again !_ submitted to the committee, the chairman proposes the ^"^ ' question thereon disengaged from any amendment which may have been already proposed thereto, as the renewal of the amendment is left to the option of the committee.^ Items voted A grant may also be submitted to the decision of the " committee, at the discretion of the mover, by a proposal of the items of which a grant is composed, in separate reso- lutions. For instance, an estimate for the purchase of land at South Kensington comprised three items. The first item was moved as a separate grant, which was agreed to ; and the two other items, taken together, were proposed as another gra,nt, which was negatived, — a course which was pursued with the express sanction of the chair.^ This course was also taken, during the session of 1890, regarding the grants for the household of the Lord-Lieutenant of Ireland, and for the offices of his chief secretary, which were, in the first instance, proposed in a single resolution.* In like manner, a grant, composed of differing forms of demand, and founded on various estimates for the same service, can Supple- be proposed in one motion ; for instance, a supplementary Debate on 2ran*tT^ grant, in addition to the original grant specified in the^jtn estimates, can be taken in one resolution, the words, estimates, " including a supplementary sum of I.," being inserted ^°° ^" therein.^ Nor is the committee precluded from considering at the same sitting both a grant on account, and the grant itself for which the grant on account was made.^ Procedure The motion by which a grant on account is proposed, Deiate m OQ aofount. follows the customary form. The motion states the total f^oZt!lee sum required ; and the various amounts needed for each P- 5^''- department, which compose that sum, are stated in a schedule appended to the resolution. The question proposed thereon from the chair follows the terms of the resolution, > 28th June, 1883, 280 H. D. 3 s. ■• 145 C. J. 466. 1713. ' Suppression of the Slave- Trade, ^ 7th Sept. 1886, 31 9 ib. 1629 ; 23rd 1 44 ib. 456. Aug. 1887, 319 ib. 1629. « 26th March, 1863, 9th April, ' 171 ib. 937. 1877, 118 ib. 140; 132 ib. 138. THE COMMITTEE OF SUPPLY. 579 132 C. J. 139. ■■ 175 H. D. 3 s. 77. 2 178 H. D. 3 B. 710. = 145 C. J. 64, 72. 187. 2 146 0. J. 145. 580 THE COMMITTEE OF SUPPLY. the grant is composed : but the committee have no other Chapter function. L. No increase The Constitutional principle which vests in the Crown P*'^'^^- specified by the sole responsibility over national expenditure, and which ^5^,-^;.^' mates"' forbids the Commons to increase the sums demanded by the !""^ '^' Crown for the service of the state (see p. 532), is strictly "*'"" °f "'« enforced in the committees of supply, and ways and means, p. 527! For instance, it was held, 9th March, 1863, that a member could not move an addition to the number of men stated upon the army estimates, although apparently the grant for pay upon the estimates provided for a number of soldiers larger than the number therein specified ; and analogous motions have been ruled out of order, although the proposed increase in the number of men was nominal, designed only for the correction of an alleged error in the estimates.^ No amendment can, therefore, be proposed, whether by a minister of the Crown, or by any other member, to increase the amount of a grant beyond the sum specified in the estimate. If such increase be necessary, the original estimate must be withdrawn, and a revised estimate presented, specifying the number of men required, or the sum to be demanded, or additional estimates must be pre- No altera- sented.^ Nor can the committee attach a condition or an destination, expression of Opinion to a grant, nor alter its destination.* This rule came under consideration when a grant for the ■ 169 H. D. 3 s. 1267; see also Pay but as regards the navy estimates, no of General Officers, 10th March, 1834, such precaution was taken. 21 ib. 1377; General Officers of ' See Speaker's ruling, 4th Aug. Marines, 29lh Feb. 1864, 173 ib. 1843, 7l' H. D. 3 a. 294. 'J'hough 1282. undoubtedly out of order, ameud- ^ In 1858, the new ministry having ments of this nature have been proposed reductions in the army and moved, but the proceeding has been navy estimates prepared by their pre- either withdrawn, or subsequently deoessors, a question arose wliether, negatived, such as an amendment to in committee of supply, the votes a building grant for the University proposed by them might not be in- of London, by a proviso, " That no creased to the amount of the original part of such sum shall be applied to estimates. To obviate these doubts, the erection of any building accord- revised army estimates were prepared, ing to either of the designs now and the order for referring the origi- exhibited," — a proviso omitted on re- nal army estimates to the committee port, 122 0. J. 266. 270 ; see also 130 was discharged (118 C. J. 112. 120) : ib. 324. Part IV. THE COMMITTEE OF SUPPLY. 681 Chapter packet service was proposed, accompanied by a proviso prescribing that no part of the grant was applicable to certain payments for the conveyance of mails subsequent to the 20th June, 1863. An objection was taken to the proviso as an infraction of this rule : but as the proviso was strictly relevant to the grant for the packet service, and merely defined the purposes for which the grant was designed, the objection was not sustained by the chairman, and the regularity of the proviso was subsequently confirmed by the action of the house.^ On a subsequent occasion, this precedent was followed ; and an amendment to the words defining the destination of a grant was permitted, as the intention of the amendment was to define the purpose for which the vote was designed, and to render the resolution consistent both with the object to which the grant was destined, and with the description thereof in the estimate.^ Mode of proposing amendments in the committee of supply. Priority — The method which regulates the proposal of amendments fmend-" in the committee of supply is not in accord with the ™^°*s, '•'■■' over the habitual practice of the house. In the contest which must, original during a debate, inevitably arise between a motion, and an amendment proposing an alteration of the terms of the motion, undue priority is given to the second proposal, namely, to the amendment, if it be submitted for decision as a substantive proposal taking the place of, and as a substitute for the original motion. Yet a due position in debate must be secured for the amendment. The house, according to its ordinary mode of procedure, meets this difficulty by a method which secures equality of treatment between the motion and the amendment. Both proposals are simultane- MetJiodof ously submitted to consideration. The house is not asked ^e^quesion whether they approve of the amendment, or of the motion, on an b^t whether the motion shall be altered, so as to make way amendment, •' «ee p. 276. for the reception of the amendment. This method of putting the question on an amendment Ameud- is disregarded in the committee of supply. When an "™\^ ° * ■ 118 C. J. 231. 239; 170 H. D. » 3rd May, 1886, 141 C. J. 180; 3 s. 1882. 2024. 305 H. D. 3 s. 166. amendment is proposed for the reduction of a grant, the *'^*P**^ 582 THE COMMITTEE OF SUPPLY. amendment is proposed for the reductio: motion originally proposed is wholly set aside, and can be withheld indefinitely from the decision of the committee ; for the amendment, as proposed from the chair, takes the same form as the original motion, but offers, in lieu of the sum thereby demanded, a reduced sum for acceptance by the committee.^ The amendment thus takes the place of the original motion ; and consequently, the rejection of the amendment does not, as would happen under the habitual usage of the house, bring the original motion under the decision of the committee, but leaves room for the proposal, without limit, of amendments in the same form, and of ever-varying amount. Amendments based on the items of a grant. — The form of amendment hitherto considered is to obtain a reduction of the total grant proposed from the chair. Following the like method of procedure, a motion for a grant can be dealt with, in detail, by proposals to omit or to reduce the items of expenditure which compose the grant, in the manner Rules for prescribed by the following rules, which were, on the 9th tuh Hems February, 1858, and' the 28th April, 1868, adopted by the house : — " That when a motion is made, in committee of supply, to omit or reduce any item of a vote, a question shall be proposed from the chair for omitting or reducing such item accordingly ; and members shall speak to such question only, until it has been disposed of." " That when several motions are offered, they shall be taken in the- order in which the items to which they relate appear in the printed estimates." " That after a question has been proposed from the chair for omitting or reducing any item, no motion shall be made, or debate allowed upon any preceding item." " That when it has been proposed to omit or reduce items in a vote,, the question shall be afterwards put upon the original vote, or upon the reduced vote, as the case may be." " That after a question has been proposed from the chair for a reduction of the whole vote, no motion shall be made for omitting or reducing any item." " ' 115 0. J. 191 ; 117 ib. 190 ; 143 prior to the adoption of these rules, ib. 492. 504, &o. see 145 H. D. 3 s. 1729. 2047 ; 146 ' 113 ib. 42; 123 ib. 145. For ib. 58-68. debates on the committee practice THE COMIVIITTEE OF SUPPLY. 583 Chapter Under these rules, the question upon the whole grant is Procedure '_ first proposed from the chair j and if a motion be made to '^'^°"' ■ omit or reduce any item comprised in that grant, a question is put, that such item be omitted therefrom, or be reduced by a specified sum ; ^ and when a reduction has been made in the amount of an item, a further motion may be made to omit the reduced item.^ Nor can the original motion for the whole grant be proposed until this method of amend- ment has run its course. The rules framed for the guidance of the committee of supply have been enforced by the following decisions from the chair. In dealing with the items of an estimate, it has been ruled that items must be dealt with separately,^ and that an amendment including more than one item cannot be proposed by way of reduction of an item, but must be moved as a reduction of the whole grant.* The rule which prohibits any return in debate to an item prior to the item upon which debate has arisen, or a question has been pro- posed, remains in force, after the withdrawal of the motion on which that question was founded ; ^ nor can a proposal be made for the reduction of the whole grant, for the purpose of renewing discussion upon an item on which a question lias been proposed, or debate arisen, or upon any item previous thereto.^ The reduction of a grant or item must be of a substantial, and not of a trifling amount ; '' nor may a series of motions be made upon the same grant, raising, substantially, the same issue.^ When two or more amendments upon the Greater same grant are, at the same time, tendered to the com- gumg^^^" raittee, the chairman puts first the amendment which • 132 C. J. 138 ; 134 ib. 97. 396 ; . ^ 13t]i Nov. 1888, chairman's pri- 137 ib. 83 ; 139 ib. 401 ; 144 ib. 426. vate ruling. 431. 435. ' 21st April, 1884, 287 H. D. 3 s. 2 119 ib. 211. 235; 22nd Aug. 1887, 319 ib. 1484. ' 177 H. D. 3 s. 1990. 1485. < Chairman's ruling. On a pro- ' On the 9th June, 1879, the posal to move the omission of three chairman declined to put the ques- items, he submitted for the decision of tion on a reduction of 51., 246 ib, the committee the question upon the 1439 ; 13th June, 1878, 240 ib. 1456. first item, 6th Nov. 1888, 330 ib, 497- " 7th Aug. 1877, 236 ib. 592. 499. 684 THE COMMITTEE OF SUPPLY. proposes the largest reduction, and then, if that be not Chapter accepted, the lesser amendments ; ^ still, as reductions are L moved upon a grant independently the one of the other, a ^^ succession of reductions may be moved alternating between larger or smaller amounts, as may seem expedient to the movers, subject to the authority of the chairman, who may intervene to determine the most convenient order in taking the amendments offered.^ Where a motion has been pro- posed for the reduction of the whole grant, no motion can be made for a reduction by the omission of an item there- from, unless the motion for reduction be withdrawn.* Relevancy In accordance with general usage, the main principle which governs debate in the committee of supply is relevancy to the matter which the question proposed from the chair submits to the committee. To this rule a necessary exception is made. The expenditure on the army and navy services, though spread over various sources of outlay, is expenditure devoted to one object. Debate on ^y established usage, therefore, the minister in charge of the army ^.j^g army or navy estimates makes a general statement services, concerning the services for the year upon the first votes that are proposed to the committee, namely, the votes which determine the number of the land forces and seamen that shall be maintained, or for their pay ; and a general discussion upon the army and navy services is taken thereon. This power of general debate does not, however, sanction discussion in detail upon special subjects, which must be reserved until the grant for that special service is before the committee, such as the reorganization of the controlling authorities over navy expenditure, or the tactics adopted during naval manoeuvres.* After the pay, or wages vote ■ 12th June, 1857, 145 H. D. 3 s. should be put from the chair, affects 1733; 21st July, 1879, 248 ib. 911. the procedure of the committee. This, and the practice mentioned " 14th Aug. 1848, 103 C. J. 405. on p. 363, are the only instances in 924 ; 111 ib. 101. 106. 124 ; 124 ib. Tyhich the spirit of the ancient rule, 283. now practically obsolete, regarding = 9thApril, 1877,233H.D. 3s.784. charges upon the people, which pre- * 303 ib. 1215; 14th March, 1889, scribed the order in which the ques- 333 ib. 1731. tion upon greater and lesser sums THE COMMITTEE OF SUPPLY. 585 Chapter has been agreed to, debate must be confined to the particular vote before the committee ; ^ but if, in consideration of the Part IV. pressing needs of the services, the number of men, and the grants for pay of the navy or army services are voted without full discussion, general debate has been permitted, in respect of the navy, upon the grant for victuals and clothing, and, in respect of the army, on the grants for provisions or clothing ; ^ though this permission has, at the ■discretion of the chairman, been refused, as when the claim was urged regarding debate on the navy services.^ No method has been established for obtaining in the Debate on committee a general discussion upon the administration oi ^J^fJ^l_ the expenditure sanctioned by the civil service estimates ; and debate must be kept to the specific object of the grant which is placed before the committee.* For instance, the grant for the salary of the Chief Secretary for Ireland does not justify a review of his conduct regarding prosecutions, — a subject which is relevant to the grant for public prosecu- tions.^ Criticism made on the grant for prisons upon the enforcement by the officials of the prison rules, was permitted, but not of the conditions imposed by those rules from a legislative point of view ; nor can the circumstances attend- ing the trial which resulted in sending a prisoner to gaol, be discussed on the prisons vote.® Debate on supplementary and excess grants is restricted Debate on to the particulars contained in the estimates on which those mentary grants are sought, and to the application of the items ^"^^^g'^^*^ which compose those grants ; and the debate cannot touch the policy or the expenditure sanctioned, on other heads, by the estimate on which the original grant was obtained, except so far as such policy or expenditure is brought ' 223 H. D. 3 s. 655. for going into supply, 233 lb. 651 : ' 267 ib. 851 ; 2nd March, 1891, but a similar attempt regarding the 350 ib. 2039. education vote during that session, = 9tb April, 1875, 223 ib. 655. by the vice-president of the com- * An attempt was made, with- mittee of council, failed to obtain out success, 12th June, 1857, 145 approval, 235 ib. 1048. ib. 1712. In 1877, a statement re- = 3rd Dec. 1888, 331 ib. 859 ; 20th garding the civil services was made Aug. 1889, 339 ib. 1827. by Mr. W. H. Smith, on the motion « 27th July, 1891, 356 ib. 447. 586 THE COMMITTEE OP SUPPLY. before the committee by the items contained in the supple- Chapter Debate on a mentary or excess estimates.^ In debate on a grant on !._ account, account, matters which. can be discusssd upon the grant on ^*'''^^'- which the advance is sought, may be discussed, in anticipa- Procedure tion, upon the motion for the grant on account ; though the °^ acemmt proper occasion to examine the grants in detail is when ^^^ P- ^'^^■ the final grant to complete is proposed to the committee. If, as occasionally takes place, the whole amount required for a particular service (as, by way of example, for a special diplomatic mission which had been brought to a conclusion). Authority of chair- man, see p. 365. ' 302 H. D. 3 s. 794; 311 ib. 1418. 1424; report select committee on estimates (procedure), sess. 1888, No. 281, p. V. ; questions 2. 164. 446. 705 ; debate on grant for diplo- matic buildings (Egypt), reported Times, 3rd March, 1893. On the 3rd March, the Speaker made the follow- ing statement, in answer to a ques- tion put to him by the chancellor of the exchequer, regarding debate on supplementary estimates : " I have always, since being in the chair, manifested great reluctance to answer any question which might seem to be in the nature of an appeal from the chairman of committees to my- self: but the way in which the riglit hon. gentleman has put his question clearly indicates to me that he does not wish to refer to me as a court of appeal. . . . Undoubtedly, of late years a certain limitation has been enforced upon the discussion of sup- plementary estimates. As a general rule, on the supplementary estimates it is in order to discuss only the par- ticular items which constitute the supplementary estimates, and the subheads of the original estimates can only be referred to so far as they are involved in the fair discussion of the points contained in the items asked for in the supplementary esti- mates. Of course, it is quite obvious that it would be improper, as a gene- ral rule, to raise on a supplementary estimate the whole question of policy involved in the original estimate; and, as I have stated, the discussion is properly confined to the items of the supplementary estimate. I think, however, that I ought to state that items of supplementary esti- mates may raise in themselves ques- tions of policy, but the interpretation whether they do raise questions of policy, or not, must clearly be left ta the chairman of committees. If I may be allowed to illustrate what I mean, I would say the question of the draining of Constantinople would clearly not raise the whole question of foreign embassies. But, on the other hand, a vote which would largely increase the vote for a rail- way to Uganda might raise the whole question of the policy involved in the original vote for Uganda. I do not know that I need say anything else, but that I entirely sever myself from anything that occurred last night. The question has been asked me; and it is quite true that restriction has been placed upon the discussion of items in supplementary estimates ; and the question whether principles are involved, either new principles, or principles which were originally involved in the original estimates, must be one entirely at the discretion of the gentleman who occupies, and worthily occupies, the chair." See also debate (Evicted Tenants Com- mission), 27th March, 1893, etc. THE COMMITTEE OF SUPPLY. 587 *xxi'i'^ tas been obtained on a grant on account, the committee is not thereby debarred from debate on the subject of that Part IV mission, when the final grant for missions abroad is being considered, although, as has happened, no money being- included for that mission in the grant then before the committee, no reduction thereon can be proposed.^ Matters to Eegarding the general conduct of debate in the committee General withly a of Supply, it may be observed that remarks on the conduct debate in motim, see of ^ servant of the state, made on the grant containing his committee p. 263. ' ° o of supply. salary, must be restricted to his official conduct.^ Nor can a member discuss a grant on which the committee have resolved, nor a grant not yet brought forward. So also when a proposal has been made to omit or reduce an item, debate is restricted to that item, and reference is not permitted to any other item in the grant.' Eeply in com- mittee to statements made in the house upon the estimates is not permitted. On the 16th April, 1860, a general discussion on the navy services arose before the Speaker left the chair, and the secretary to the Admiralty reserved his explanations until the house was in committee : but when he was proceeding to refer to matters not comprised in the vote under consideration, he was stopped, being out of order.* When all the supplies for the service of the year have close of th(? been granted, the sittings of the committee of supply are dis- ^l^^lfi continued. Care must be taken not to close the committee '°ss of the session. until all the necessary grants have been obtained; for, if the committee of supply be designedly closed, it cannot be reopened save by the demand for further supplies from the Crown made by a second speech from the throne, or by a royal message.^ When the committee of supply is closed, the financial arrangements of the year are completed by » Chairman's private ruling, Sir 329; 20th July, 1715, 18 ib. 232. H. D. "Wolff's mission, sess. 1887. 231 ; 16th June, 1721, 19 ib. 592. = 6th Aug. 1888, 329 H. D. 3 s. 602; 18th April, 1748, 25 ib. 611. 1431-1434; 341 ib. 1213. 626. 635; 3 Hatsell, 168. The com- ' 175 H. D. 3 8. 1673; 177 ib. mittee of ways and means was closed, 1990. sess. 1807; and was revived, being * 157 ib. 1851. set up again for a future day, 62 " 6th March, 1706, 15 C. J. 326. C. J. 803. 806. 588 THE COMMITTEE OP WAYS AND MEANS. votes in the committee of ways and means (see p. 559) ; and Chapter upon the final resolution of that committee the appropria- tion bill is ordered in (see p. 560). P^'' ^^• Procedure in the committee of ways and means. — The duty See impo- imposed on the committee of ways and means is to raise or taxation, consider such portion of the public revenue as is needed to P- ^^^" meet the expenditure required for the service of the Grown during the current financial year ; and to vote money from the proceeds of taxation to cover grants in supply. The consideration of the public revenue is placed before the committee by the financial statement of the chancellor of the exchequer (see p. 555). Following the practice used in the committee of supply, which sanctions an explanation of all the army and navy estimates upon the first motions relating to those services (see p. 584), the chancellor of the exchequer founds the " budget " statement, which extends over the finances of the current year, upon the first resolu- tion that he proposes to the committee of ways and means, whatever may be the purport of the resolution; and the debate that ensues follows the lines traversed by the chancellor's statement. On the resolutions subsequently proposed in the committee of ways and means, debate must be relevant to the resolution immediately under con- sideration. Rules re- The established usages of the house, in the form and amend? method of dealing with amendments, and not the practice ments. jjj ^gg j^ ^}^q committee of supply (see p. 581), is followed Order's, &c. ^^ the committee of ways and means; and every motion No. 320. ^Qj. amendment must relate to the matter submitted to its consideration, and is governed by the rule of relevancy.^ Though it is the function of the committee of ways and means to impose rather than to repeal taxes (see p. 556), examples of the repeal of taxation effected in this committee ' Amendments formerly offered to or the imposition of a tax (see 108 substitute for a resolution proposed 0. J. 431; 126 H. D. 3 s. 453; by the government, an abstract reso- Notices, vol. i. p. 681, 27th April, Intion condemning in argumentative 1871), are not according to existing terms either their financial proposals practice. Ruling, 27th April, 1893. THE COMMITTEE OF WAYS AND MEANS. 589 Chapter are to be found upon the journals.^ Proposals for the !_ variation or modification of taxation can therefore be made Part IV. in the committee : but these proposals must be grafted upon the financial scheme submitted by the government, and must not aifect the balance of ways and means voted for the service of the year. Amendments, therefore, can be proposed to substitute another tax, of equivalent amount, for that proposed by the government, as, for instance, a proposal to substitute probate and legacy duty on real property as an alternative for an inhabited house duty; the necessity of new taxation, to that extent, being already declared on behalf of the Orown.^ No augmentation of a tax or duty asked by the Crown, No increase as has been already explained (p. 532), can be proposed to the committee, nor tax imposed, save upon the motion of a minister of the Crown ; and accordingly, an amendment designed to extend the imposition of licences upon brewers, as proposed by the government, to other manufacturers, was ruled to be irregular ; nor would an amendment to extend the imposition of a tax to persons enjoying an exemption therefrom be now permitted.^ The practice formerly in use regarding the proposal of Questions the questions for the longer or shorter time, had reference longer "r to the ancient mode of granting subsidies, which were sl"'''*^'' ° ° time of rendered a lighter burden by being extended over a longer duration. period (see p. 460) ; and this rule, in principle, is still regarded in the committee of ways and means ; * and when ' lOth May, 1766, duties on cotton ' Notice paper, 10th April, 1862, wool, &o., repealed, 30 C. J. 812; p. 407 ; 77 H. D. 3 s. 637. 751. 15th May, 1777, duties on materials * 88 C. J. 325. The princijle of for making glass, 36 ib. 508 ; Ith Dec. this rule was not adhered to, 6th 1798, additional house and window May, 1853, in putting the question duty repealed, and income tax im- for levying the property tax in the posed, 51 ib. 56 ; 14th July, 1807, United Kingdom, 108 ib. 467. The Irish beer duties repealed, 62 ib. 710; proceedings in committee of ways paper duties repealed, 7th May, 1861, and means, 6th March, 1857, on the 116 ib. 195. tea and sugar duties, afford a good 2 10th Deo. 1852, 108 ib. 187; illustration of the application of this 123 H. D. 3 8. 1571 ; see also sub- rule, 112 ib. 86. Also on the income stitution of a duty on soap for a duty tax, 21st July, 1859, and 23rd March, on newspapers, 91 C. J. 524. 1860. 590 REPORTS, SUPPLY, AND WAYS AND MEANS. the time at which a tax shall commence is being considered, Chapter XXII, as the most distant time is an alleviation of the burthen, '~ the question upon the most remote date is first put from the chair. Reports Procedure upon reports of supply, and ways and means. on a future — ^^ deference to the usage mentioned on p. 529, the reso- ^^^- lutions of the committees of supply, and ways and means, are not considered on the day on which they are reported from the committee, but on a future day appointed by the house. A relaxation of this rule is permitted in cases of extraordinary urgency, but not to facilitate the ordinary transaction of public business. During the mutiny of the fleet, 8th May, 1797, the report from the committee of supply of a grant for an increase of pay to the seamen and marines was, by order of the house, at once received and agreed to ; and on the 24th, an increase of pay was voted to the land forces in the same manner.^ On the other hand, when, 10th May, 1860, the house ordered a resolution on wine licences, agreed to by the committee of ways and means, to be reported forthwith, to forward the progress of a bill, notice thereof having been taken, the proceeding was an- nulled, and an order made that the resolution be reported on a future day.^ Considera- Resolutions reported from the committees of supply, and ponsVom ^^y^ ^^^ means, are considered according to the practice the com- observed regarding other reports from committees of the mittees of o o x supply, and wholc house (sco p. 370) ; and accordingly, the interval Questions means"" before the question, "That the house doth agree with the "-^ T"""' committee in the said resolution," is proposed, after the report, see resolution has been read a second time, affords the occasion for the proposal of a reduction of the sum specified in the resolution, as no amendment can be moved after the pro- posal of the question, that the house agrees with the com- mittee in a resolution. Examples are to be found upon the journal of general debate upon the question for the second reading of resolutions of these committees, and of ■ 52 0. J. 552. 605; 33 Pari. Hist. ' 15S H. D. 3 s. 1161. 1167; 115 477. C. J. 234. 240. EEPOETS, SUPPLY, AND WAYS AND MEANS. 591 Chapter the proposal of amendments to that question, and also to !_ the concluding question that the house agrees with a ait IV. resolution.^ According to existing practice, procedure upon a report of the grants made by the committee of supply consists of debate strictly relevant to each resolution,^ as it is separately submitted to the house, raised either on the grant itself, or on an amendment proposing a reduction thereof,^ no other form of amendment being in order,* or when the final question that the house agrees with a reso- lution is proposed from the chair, though to that question no amendment can be moved. An amendment to the question that the resolutions be now read a second time, must be relevant to a matter contained in the resolutions that await a second reading ; ^ and on that question general observations are permissible.^ If moved before the final question put upon each reso- Postpone- lution, the postponement of the consideration thereof may "mmUtat be proposed,' or a motion may be made for its recommittal,^ if, when the" amount of a supply grant has been reduced in committee, an alteration of that sum is sought, either by a complete or a partial restoration of the original sum, 1 26th April, 1847, Education, 102 " 103 C. J. 790 ; 114 ib. 92 ; 125 ib. C. J. 415; 25th July, 1854, Vote of 157. 338; 135 ib. 367. 372. 375; 143 Credit, Lord Dudley Stuart's amend- ib. 473 ; 144 ib. 213. 445. Amendment meut for an address praying that proposed to proposed amendment, 76 Parliament might not be prorogued ib. 487. until the house had received more ■* 17th March, 1892, 2 Pari. Deb. full information as to our foreign 4 s. 1172. relations, 135 H. D. 3 s. 716 ; 109 » 20th Feb. 1879, 243 H. D. 3 s. 0. J. 437; 10th March, 1857, Ex- 1.549; 8th Aug. 1879, 249 ib. 531. penditure of the State, 112 ib. 94; " 25th April, 1864, 174 ib. 1551 ; American Prize Courts, 1863, 118 ib. 8th Aug. 1879, 249 ib. 531. These 322 ; 127 ib. 120 ; 129 ib. 263. Two observations should, in the opinion instances exist, 20th Deo. 1796, and of Mr. Speaker, be restricted to sub- 1st July, 1823, 52 0. J. 220 ; 73 ib. jects strictly connected with the 443, of amendments whereby it was resolutions which are to be read a sought to attach a condition to a second time, 1st Aug. 1893. grant upon the report of the resolu- ' 119 C. J. 324; 142 ib. 322. 386. tions: but the rule forbidding such » 77 ib. 314; 113 ib. 211; 117 an amendment, in force in committee, ib. 81. 87. 93; 135 ib. 372; 141 ib. is equally applicable upon the report 88. 92. 104. 108 ; for recommittal of stage of a grant. a ways and means resolution, see 124 2 178 H. D. 3 s. 360; 25th March, ib. 203. , 1889, 334 ib. 771. 592 REPORTS, SUPPLY, AND WAYS AND MEANS. as in committee alone an addition to the public burthens Chapter XXII, can be made.^ If a recommitted grant has been in- creased on reconsideration by the committee, the resolution „ ^^ ■^ Procedure specifies that, in addition to the sum already granted, on tte o-ea- a further sum has been granted for the purpose therein public stated.2 "^'"jW ''^ Amend- If a reduction of a resolution is moved, the question reports. that the Speaker puts from the chair is that the original sum " stand part of the question." * If that question passes in the negative, the question follows that the reduced amount " be there inserted," and upon that question a further amendment may be proposed. Thus, by way of example, when a resolution was read for a grant of 34,026?. (Houses of Parliament), an amendment was proposed to leave out 34,026Z., and insert instead 28,526Z. The original sum, 34,026Z., was negatived ; the insertion of 28,526Z. was moved, when a proposal was made to substitute for 28,526Z. the sum of 31,026Z. The house negatived the consequent question, namely, that " 28,526Z. stand part of the proposed amendment," and then agreed to the insertion of the sum of 31,026Z.* Bills No further proceeding is founded on the reports of the ConsoH- 'he°wa'^s°° ^"PP^y grants : but when the resolutions of the committee of and appro- and means ^yays and means are agreed to, bills may be ordered thereon •^ijl''*'™ T6SolU'tiOIlS OlltSj S66' to carry the resolutions into effect. When such a bill has pp- 526.. been ordered, but not presented, the members appointed to prepare the bill may be instructed to make provision therein, pursuant to such further resolutions of the com- mittee as have been agreed to since the bill was ordered ; ^ or an instruction is given to the committee on the bill to make such provision therein, if the bill has been read a second time." When a bill brought in on ways and means resolutions, or ' See amendment proposed by Mr. •■ 124 ib. 312. Greville, 27th Jan. 1767, 31 0. J. 76 ; « ,124 ib. 132 ; 143 ib. 145 ; 145 ib. 3 Hatsell, 179. 260. = 113C. J. 320: 141 ib. 108. « 100 ib. 743. 784; 143 ib. 172. ' 3 Hatsell, 184, n.; 126 C. J. 107 ; 173 ; 144 ib. 171. lilib. 214. 445; 145 ib. 364. 512. COMMITTEES, EXCEPTIONAL EXPENDITURE. 593 Chapter on the resolutions of any other committee of the whole XXII house, be withdrawn, and it is expedient to bring in Part IV. another bill of a similar nature, the usage is to read again the resolutions on which the bill was founded, and to order another bill, either on all, or on some of those resolutions.^ If an inland revenue bill is founded on a committee i'esolution expressed in general terms, such as that it is expedient to amend the law relating to inland revenue, no instruction is needed to enable the committee thereon to receive clauses for the remission of inland revenue duties, irrespective of the scope and object of the bill. Committees on exceptional expenditwe. — Under standing ^r. o. 51, order No. 51, the question for the Speaker's leaving the ^112 ''^' chair must be proposed when the house resolves itself into a committee on a message from the Crown. Procedure in a committee of the whole house appointed to consider expenditure not included in the estimates for the year's supply, follows, in principle, the procedure of the committee of supply (see p. 581). The approval or the reduction of the expenditure under Procedure consideration, or a modification of the terms and conditions ments^° ' of the charge thereby created, are tiie matters specially entrusted to such a committee, and to these objects amend- ments are directed. In the case, however, of a committee appointed to consider the creation of a fund for the naval defence of the United Kingdom, to be available during the then ensuing seven years, an amendment was admitted to the resolution proposed by the government, which proposed to substitute for that resolution an argumentative justi- fication for the refusal of that demand.^ The constitutional principle that no increase can be made of an amount demanded on behalf of the service of the Crown (see p. 580), is obviously binding on these ' 111 C. J. 126; 112 ib. 185; 140 when an analogous amendment was ib. 264. 306. proffered, upon an objection taken 2 25th March, 1889, 144 ib. 88. by the chairman to its argumentative On a subsequent occasion, in the East form, the amendment was not moved India(Kevenue Accounts) committee, (see p. 564). P. 2 Q 594 COMMITTEES, EXCEPTIONAL EXPENDITUEE. committees ; and thus when a committee was considering Chapter the resolution, founded on a royal message, for the grant L. of lOOOZ. a year to Sir Henry Havelock, an amendment ^*'^'^^- to obtain the continuance of the pension to his son was not permitted.^ The reports of committees which authorize grants not voted in the committee of supply, are dealt with according to the practice in force regarding the reports from a com- mittee of the whole house, subject, as regards amendments, to the rules which govern the consideration of financial resolutions (see pp. 370. 590), and, if necessary, bills are ordered in upon those reports. » 8th Dec. 1857, 148 H. D. 3 s. 392. ELECTIONS, THE ISSUE OP WRITS. 595 Chapter CHAPTER XXIII. XXIII. Table of ISSUE OF WRITS, AND TRIAL OF CONTROVERTED ELECTIONS. Contents, ±jee p.xxxvi. The law of elections, as declared by various statutes,^ by the Parport decisions of committees of the House of Commons, and of chapter, election judges, has become a distinct branch of the law of England : but as the issue of writs, and other matters con- cerning the seats of members, form an important part of the functions of the House of Commons, an outline of these proceedings, apart from the general law in reference to elections, cannot be omitted. Whenever vacancies occur in the House of Commons, from Issue of any legal cause, after the original issue of writs for a new Issue of Parliament by the Crown, all subsequent writs are issued "■Speaker °^* °^ chancery, by warrant from the Speakei", issued when during tj^g housc is sitting, upon the order of the House of Commons. recess, see i i p. 599. A motion for a new writ is, as has been explained (p. 259), a matter of privilege, and is made without notice : but in the case of a seat declared void on the ground of corrupt or illegal practices, the house, by resolution, renewed from time to time, has directed that two days' notice shall be given of the motion for the writ to fill up such a vacancy (see p. 598).^ The causes of vacancy are the death of members, their ele- vation to the peerage (see p. 597), the acceptance of office under the Crown (see p. 603), bankruptcy and lunacy (see p. 600), and the determination of election judges that elec- tions or returns are void (see p. 620). When the house is sitting, and the death of a member, Vacancies his elevation to the peerage,^ or other cause of vacancy, is ^^^„l^ > In 1850, there were upwards of ' 130 C. J. 23 ; 137 ib. 20 ; 7th April, 240 statutes relating to elections, ex- 1886, 141 ib. 149 ; see also debate elusive of Acts for the trial of con- on the issue of new writs, Times, 1st troverted elections, some few of which Feb. 1893. have since been repealed. Seethe ^ See 26 H. D. 3 s. 839, 11th March, author's pamphlet on the Consoli- 1835 ; 2 Hatsell, 65, n., 393-397. dation of the Election Laws, 1850. 596- ELECTIONS', THE ISSUE OF WRITS. known, pursuant to a motion, moved by any member, Mr. Chapter Speaker is ordered by the house to issue his warrant for a L new writ for the place represented by the member whose Writs not seat is thus vacated. But where a vacancy has occurred while re- pi'ior to, or immediately after, the first meeting of a new Issue of turns may Parliament, the writ will not be issued until after the time Speaker, '^' tioned. limited for presenting election petitions.^ Nor will a writ ^^° P" ®''°' be issued, if the seat which has been vacated be claimed on behalf of another candidate. In December, 1852, several SeeOhiltem members accepted office under the Crown, against whose A^"p^^606. Issue of return election petitions were pending. After much con- ^lectlon^*" sideration, it was agreed that where a void election only was petitions alleged, a new writ should be issued ;^ and again, in 1859, 3.1*6 lI)6UCl~ ing. and in 1880, the same rule was adopted.^ But where the seat is claimed, it has been ruled that the writ should be withheld until after the trial of that claim,* or until the petition has been withdrawn.^ In 1859, Viscount Bury accepted office under the Crown, while a petition against his return for Norwich, on the ground of bribery, was pending ; and, as his seat was not claimed, a new writ was issued. Being again returned, another petition was presented against his second election, and claiming the seat for another candi- date. The petition against the first election came on for trial, and the committee reported that the sitting members. Lord > By the Election Petitions Act, counties at a somewhat later date, 1868, 0. 6, the petition is to be pre- writs were not issued until the 29th. sented within twenty-one days after And again, in 1874, after another the return has been made to the change of ministry, writs were not Clerk of the Crown in chancery. By issued for Buckinghamshire, and sec. 49, in reckoning time for the some other counties, for several days ^ purposes of this Act, Sunday, Christ- after the issue of writs for the mas-day, and any day set apart for boroughs, and for some counties a public fast or thanksgiving, shall where the returns had been made be excluded; and it has been held early. that Sundays are excluded from the ' Southampton and Carlow writs, computation of twenty-one days. 29th Dec. 1852. Pease v. Norwood, 4 L. R., 0. P. 235 ; ' Sandwich and Norwich writs, Southampton case, 11th Jan. 1869. 22nd June, 1859, 154 H. D. 3 s. 450, On the change of ministry, before the 454; Chester writ, 3rd May, 1880, meeting of Parliament in Dec. 1868, 135 C. J. 125. writs were issued for several of the - ' Athlone Election, 1859. new ministers on the 15th; but for " Louth Election (Mr. Chichester those who had been returned for Fortescue), 1866. ELECTIONS, THE ISSUE OF WKITS. 597 XXii? ■^^'■y ^" Glasgow writ, 1837, 92 C. J. 410. 418. ' 95 ib. 122. 127. = Newport (Hants), 1831, Mr. Hope Vere, 86 ib. 578 ; Kirkcaldy return, 1875, Sir George Campbell, 180 ib. 165; Perth county return, 1878, Colonel Moray, 133 ib. 53; Poole, 139 ib. 175 ; Mid Antrim, 141 ib. 8 ; Longford, 142 ib. 54 ; Birmingham, 144 ib. 149 ; Kirkcaldy, 147 ib. 104. * Carlow county, 1841, "Novem- ber " being inserted instead of " De- cember," 96 ib. 3. ' Northampton county, 26th Feb. 1846, 101 ib. 207; Worcester county (eastern division), 25th Feb. 1859, 152 H. D. 3 s. 855. " 110 C. J. 4. 7, Sess. Paper, 1854- 55 (2). ' Waterford writ, 1806, 61 0. J. OFFICES UNDER THE CROWN. 603 Chapter By the 25tli sec. of the Act 6 Anne, c. 41, if any member offices "shall accept of any office of profit from the Crown, during q"^" -i'own ; ?^f^t such time as he shall continue a member, his election shall be old "ffi^es ; wtt/iout ' holders salary, see and is hereby declared to be void, and a new writ shall issue capable of P- 612. 1 .• - -n 1 ,. re-election, Disquaiifi- ^^ ^ ^^^ election, as it such person, so accepting, was ""f?^ 0/ naturally dead ; provided, nevertheless, that such person new offices, shall be Capable of being again elected." ^ By virtue of '^' ' this provision, whenever a member accepts an office of profit from the Crown, a new writ is ordered; and it is the usual practice to move the new writ when the member has kissed hands, instead of waiting for the completion of the formal appointment. On the 18th April, 1864, a writ being moved for Merthyr Tydvil, in the room of Mr. Bruce, who had accepted the office of vice-president of the committee &!e also of council for education, it was objected that not having been notm7aM ^^OJ"^ * privy Councillor, he was not qualified to hold the p. 608. office : but it was conclusirely shown by the attorney-general that his seat had been vacated by the acceptance of office, and that the writ ought to be issued, as in the case of Mr. Lowe, who had accepted the same office, and of Mr. Hutt, who had accepted the office of vice-president of the board of trade, before they had been sworn of the privy council.^ In 1861, Viscount Palmerston, while first lord of the Lord war- treasury, accepted the honorary offices of Constable of Dover cinque Castle and Lord Warden of the Cinque Ports, from which P°'''^' the salary formerly payable by the Crown had been with- drawn. Lord North and Mr. Pitt had vacated their seats on accepting these offices, together with the salary attached to them : but doubts were now entertained whether they could any longer be regarded as offices of profit. It appeared, 169. 175; 6 H. D. 536. 562. 751; it would act as a partial repeal of Great Grimsby, 1831, 86 C. J. 758. sec. 24, by enabling liolders of new 762, &o. ; 6 H. D. 3 s. 95. 159. 294. offices within that section to be re- 460. elected, who are by that sectioTi ' It is pointed out, in Eogers on rendered incapable of being elected, Elections, part ii. 16th ed. pp. 9. and of sitting in the house ; and the 63, that, although sec. 25 applies in effect of the words in tlie definition terms to offices generally, old as well of the offices, " from the Crown " and as new, its effect must of necessity " under the Crown," is also explained, be limited to old offices, as otherwise ' 174 H. D. 3 s. 1196. 1287. 604 OFFICES UNDER THE CEOWN. Disqualifi- cations from member- ship. Colonial governors and officers. however, that the warrant granted " all manner of wrecks," and of " fees, rewards, commodities, emoluments, profits, per- quisites, and other advantages whatsoever, to the said offices belonging," including the occupation of Walmer Castle ; and, after full consideration, it was determined that a new writ should be issued.^ Upon the union of Great Britain and Ireland, in 1801, by 41 Geo. III. c. 52, s. 1, disqualifications before applicable to the British Parliament were extended to members sitting in the United Parliament for places in Great Britain ; by sec. 2, disqualifications applicable to the Irish Parliament were similarly extended to members sitting in the United Parliament for places in Ireland ; and by sec. 9, it is declared that offices accepted immediately or directly from the Crown of the United Kingdom, or by the appointment and nomina- tion, or by any other appointment subject to the approba- tion of the Lord-Lieutenant of Ireland, shall vacate seats in Parliament.^ Another class of offices the acceptance of which vacates a seat is that of colonial governors or deputy-governors, who, by the Act of Anne, c. 41, s. 24, are incapable of being elected, or of sitting and voting ; and cannot, therefore, be re-elected.^ In 1878, a new writ was moved for the county of Clare, in the room of Sir Bryan O'Loghlen, who, since his election, had accepted the office of Attorney-general of Victoria : but as his seat had already been vacated in the colonial legislature on the acceptance of office, and it being doubtful whether his appointment was from the Crown or the governor, the matter was considered by a select com- mittee, and upon their report the house resolved, " That Sir Bryan O'Loghlen had vacated his seat." * Chapter XXIII. 1 116 ib. 126; 1891, Mr. W. H. Smith, 146 ib. 269. ' Rogers on Elections, part ii. leth ed. p. 19, n. ». ^ Sir A. Leith Hay,' Governor of Bermuda, 1838; Sir J. K. Carnao, Lieutenant-governor of Bombay, and Mr. Poulett Thomson, Governor- general of Canada, 1839; Sir IT. Hardinge, Governor-general of India, 1844 ; Sir H. Barkly, Governor of British Guiana, 18i9; Sir John Young, Lord High Commissioner of the Ionian Islands, 1855 ; Mr. Grant Duff, Governor of Madras, 1881, &i. * 133 0. J. 376. 415 ; 134 ib. 161 ; 245H. D. 3 3. 1104. THE CHILTEEN HDKDEEDS. 605 xxiiT ^^' ®°"t^®y' ^" 1826, elected for Downton, during his Want of absence on the Continent, addressed a letter to the Speaker, quaiifica- in which he stated that he had not the qualiScation of estate ^™ted'' then required by law (see p. 27).^ The house waited until after the expiration of the time limited for presenting election petitions, and then issued a new writ for the borough.^ In like manner, Mr. Cowan, member for Edin- Disqualifi- burgh, addressed a letter to the Speaker, 25th Novembei', mitted!* ' 1847,^ stating that at the time of his election he had been disqualified, as being a party to a contract then subsisting with her Majesty's stationery office. At the expiration of fourteen days, when his seat could no longer be claimed by any other candidate, his letter was read, and a new Disqmlifi- writ ordered.* The same course was adopted, in 1874, con- by Mr. Eamsay, member for the Falkirk Burghs, on seeVVo; discovering that he held a small share in a contract with lankrupts, ^^g post-office.^ On the 24th June, 1880, a new writ see p. ol ; '■ anun- was issued for Buteshire in the room of Thomas Eussell, memher Esq., who, having entered into a contract for the public fnthehouse s^i^^ice, at the time of his election, was incapable of being see p. 164. elected.^ It is a settled principle of parliamentary law, that a chiltern member, after he is duly chosen, cannot relinquish his seat ; ' ^""^'''^''*- and, in order to evade this restriction, a member who wishes to retire, accepts office under the Crown, which legally vacates his seat, and obliges the house to order a new writ. The offices usually selected for this purpose are the offices of steward or bailiff of her Majesty's three Chiltern Hundreds of Stoke, Desborough, and Bonenham ; or the steward of the manors of East Hendred, Northstead, or Heiflpholme f which, though the offices have sometimes been > 82 C. J. 28. seats, 18 Pari. Hist. 411. 2 lb. 108. ' According to Hatsell, this prac- ' 103 ib. 17. tice began about the year 1750. The * 8th Deo. 1847, 103 ib. 102. first instance was that of Mr. John = 19th March, 1874, 129 ib. 12. Pitt, on the 17th Jan. 1750, and the « 253 H. D. 3 3. 727. next that of Mr. Henry Vane, M.P. ' 1 0. J. 724 ; 2 ib. 201. In 1775, for Downton in 1753. The office of Mr. George Grenyille moved for a escheator of Munster was abolished bill to enable members to vacate their in 1838. GOG THE CHILTEKN HUNDREDS. refused,^ are ordinarily given by the treasury to any member Chapter who applies for them, unless there appears to be sufficient '^ ground for withholding them. The ofiSee is retained until the appointment is revoked to make way for the appoint- ment of another holder thereof. These offices can be granted during a recess : ^ but the statutory power conferred on the Speaker, for the issue of a writ to fill up a vacancy caused by acceptance of office (see p. 600), does not extend to vacancies caused by the acceptance of these stewardships. The acceptance of any of these offices, however, at once vacates the seat of a member, and qualifies him to be elected elsewhere, although no new writ can be issued for the place which has become vacant by his acceptance of office. These offices, indeed, are merely nominal : but as the warrants of appointment grant them "together with all wages, fees, allowances," &c., they assume the form of places of profit. All words, however, which formerly attached honour to the appointment, are omitted, in order to remove any scandal in granting these offices to persons unworthy of the favour of the Crown, who may desire to vacate their seats in Parliament.^ Members Sir Fitzroy Kelly, solicitor-general, having been returned tobVre^ for Harwich on the 15th April, 1852, immediately after- elected, wards announced himself as a candidate for East Suffolk, the election for which county was appointed to be held on the 1st May. He had been returned for Harwich without see issue of opposition, yet on the 29th April a petition was lodged ^J^^* ""g^'j ' See letter of Mr. Goulbuin to an appointment under the hand and Viscount Chelsea, Pari. Paper, 1842 seal of the chancellor of the ex- (544) ; and see 3 Lord Balling, Life chequer," Lord Colchester's Diary, of Lord Palmeraton, 103. In 1775, 175. Lord North refused to give one of ^ In answer to a question, Mr. these offices to Mr. Bayly, who de- Goschen stated that during the years sired to stand for Abingdon, in oppo- 1882-1888, on nine occasions the sition to a ministerial candidate, office of the Chiltern Hundreds was saying, " I have made it my constant granted during a parliamentary re- rule to resist every application of that cess, 15th Feb. 1892, 1 Pari. Deb. 4 kind, when any gentleman entitled s. 46. to my friendship would have been * The words, "reposing especial prejudiced by my compliance," 18 trust and confidence in the care and Pari. Hist. 418, n. " The office of fidelity of," &c., were first omitted in steward of the Chiltern Hundreds is the year 1861. THE CHILTEKN HUNDREDS. 607 Chapter against his return, in the hope of preventing the treasury '__ from granting him the Ohiltern Hundreds. But as his seat was not claimed, he at once received the required appoint- ment ; and was returned for East Suflblk, and took his seat again, before a new writ had been issued for Harwich.^ Again, in February, 1865, The O'Donoghue, being member for Tipperary, offered himself as a candidate for Tralee : but before the day of election, he qualified himself to be elected by accepting the Ohiltern Hundreds.^ In 1878, Mr. Wing- field Malcolm, member for Boston, accepted the Ohiltern Hundreds, in order to qualify himself as a candidate for the county of Argyll.^ In the session of 1847-48, a member having had doubts chiltern suggested whether he had not been disqualified at the time accepted by of his election, as a contractor (see p. 30), thought it a member prudent not to take his seat, in case of being sued for the fied. penalties under the Act. He was, however, unwilling to admit his disqualification ; and he accordingly applied for the Chiltern Hundreds. Doubts were raised as to the pro- priety of allowing him to vacate his seat by this method : but it was agreed that, as the time had expired for question- ing, by an election petition, the validity of his return, and as the house had no cognizance of his probable disqualifi- cation, there could be no objection to his accepting office, which solved all doubts, and at once obliged the house to issue a new writ. In 1880, Mr. Dodson, elected at the general election in March for the city of Ohester, afterwards accepted the office of president of the local government board, and was re- elected without opposition. Meanwhile a petition had been lodged against his first election ; and in July the election judges determined that his election was void, on the ground of bribery by his agents. It was generally held that, by ^ The entry in the votes is as fol- and being returned for the eastern lows : " Sir Fitzroy Kelly having, division of the county of Suffolk, since his return for the borough of took the oaths and his seat," Votes, Harwich, accepted the office of 1852, p. 285. steward of her Majesty's manor of ^^ 120 C. J. i. 50. Hempholme, in the county of York, ' 133 ib. 402. 608 WHEN SEATS NOT VACATED BY OFFICE. virtue of the 17 & 18 Vict, c, 102, and the Parliamentary Chapter xxin. Elections Act, 1868, s. 46, he was thenceforth incapable of '- sitting for Chester in that Parliament. But as his second election had not been questioned, doubts were raised whether he had legally ceased to be a member, and was qualified to sit for another constituency. To remove all doubts upon this question, he accordingly accepted the Ohiltern Hundreds, and was elected for Scarborough. Unsworn members can avail themselves of these offices ; ^ and when Mr. Bradlaugh voted, on the 11th February, 1884, being an unsworn member (see p. 163), the office of the Chiltern Hundreds was granted to him, whereon the new writ was issued to supply the vacancy which by his conduct had taken place.^ When seats If one of her Majesty's principal secretaries of state should cate™' be transferred from one department to another, his seat is not vacated, as there is no such division of departments in the office of secretary of state as to render them distinct offices under the Crown. And by the Keform Acts of 1867 Position of and 1868, members holding certain offices are not required ^muh^L to vacate their seats on the acceptance of any other office "-^Jf • ^'"^ p. 610. there enumerated ; and as this list comprises, or was intended to comprise, all the parliamentary offices under the Crown which vacate the seats of members, it may now be stated generally that any member who has already vacated his seat on the acceptance of one of these offices, is not required to vacate it, on the immediate acceptance of another.* But if he has held an office which did not vacate his seat, a new writ is issued on his acceptance of another office, by which his seat is vacated by law.* The resumption of an office ' Baron L. de EothsoMld, 27th shire, in the room of Mr. Hunt, June, 1849, 104 C. J. 430 ; 23rd July, secretary to the treasury, on his 1857, 112 ib. 343. acceptance of the office of chancellor ' 12th Feb. 1884, 139 ib, 46. of the exchequer. Again, Mr. Ayr- ' 30 & 31 Vict. c. 102, B. 52, and ton, secretary to the treasury, vacated soh. H. The like clauses and sche- his seat in 1869, on accepting the dules are also comprised in the Scotch office of first commissioner of works, and Irish Reform Acts of 1868. Mr. Stansfeld having been a com- ■■ On the 28th .Feb. 1868, a new missioner of the treasury in 1868, writ was issued for Northampton- was afterwards appointed secretary WHEN SEATS NOT VACATED BY OFFICE. 609 Chapter which has been resigned, but to which no successor has been L appointed, does not vacate a seat. As the secretaries of the treasury, the several under-secretaries of state, and the secretary to the admiralty, are by 15 Geo. II. c. 22, qualified to sit in Parliament, their seats are not vacated; and in like manner, the 30 & 31 Vict. c. 72 enacted that the vice-presidentship of the board of trade, substituted for the office of parliamentary secretary to the board of trade, shall not render the person holding it incapable of being elected, or of sitting or voting as a member, or vacate his seat if returned. By 29 & 30 Vict. c. 55, it was declared that the office of postmaster-general should not be deemed a new office, disqualifying the holder from being elected, or sitting and voting as a member of the House of Commons : but that any member accepting the office, though eligible for re-election, should vacate his seat. By the 22 Geo. III. c. 82, not more than two principal Under- secretaries of state could sit in the House of Commons ; and „£ state. not more than one under-secretary to each department would appear to have been admissible to the House of Commons under the 15 Geo. II. c. 22, s. 3 ; and as doubts were entertained whether more than two under-secretaries could sit there, in practice there were, until 1855, only two under- secretaries who held seats in that house at the same time."- But on the establishment of the secretary of state for war in 1855, an Act was passed to enable a third principal secretary, and a third under-secretary, to sit in the House of Commons; and again, in 1858, by the 21 & 22 Vict. c. 106, on the appointment of a fifth secretary of state for India, it was to the treasury, and in March, 1871, described in seh. H to this Act an- having accepted the oflSce of com- nexed, the subsequent acceptance by missioner for the relief of the poor, him, from the Crown, of any other it became a question whether his seat office or offices described in such was again vacated. A writ had been schedule, in lieu of, and in immediate- issued on his acceptance of one office suecesiion the one to the other, shall in the schedule, and now he had ac- not vacate his seat ; " and as he had cepted another : but the words of the occupied an intermediate office, not Act are, " where a person has been in the schedule, a, writ was issued returned as a member to serve in for Halifax on the 8th March, 1871.. Parliament since the acceptance by '2 Hatsell, 63, n. him, from the Crown, of any office P. 2 B 610 WHEN SEATS NOT VACATED BY OFFICE. provided that four principal and four under-secretaries may Chapter sit as members of the House of Commons at the same time. L_ In 1864, notice was taken that five under-secretaries had been sitting in the house, in violation of the latter Act, and a motion was made that the seat of the fifth under-secretary had been vacated. The house, however, referred the question to a committee, who reported that the seat of the under- secretary last appointed was not vacated.^ At the same time, as the law had been inadvertently infringed, it was thought necessary to pass a bill of indemnity. An Act, 27 & 28 Vict. c. 34, was also passed, providing that in future, if, when there are four under-secretaries in the house, another member accepts the office of under-secretary, his seat shall be vacated, and he shall not be re-eligible while four other under-secretaries continue to sit in the house. If five secretaries or under-secretaries are returned at a general election, none shall be capable of sitting and voting until the number is reduced to the statutory limit. And the same rule is further applied to other offices, of which the number may be limited by statute. Curauia- The Act of Anne has, in some cases, been held not to tive offices, apply to the acceptance of other offices of state, by gentle- men already holding office from the Crown. Thus the acceptance of the paid offices of lord justice in England and in Ireland, when held in conjunction with other offices of state, was ruled not to vacate seats in Parliament, as appears from the cases of Mr. Craggs, Mr. Walpole, and Lord Midleton.2 First lord After the Eevolution of 1688, the office of lord high treasury, treasurer being executed by commissioners, it was customary ^"u ?of ' ^°^ *^® ^^^^ commissioner (or lord) of the treasury to hold the ex- also the office of chancellor of the exchequer. Among other chequer. -ii ,> n- -A t ~ examples may be mentioned that of Sir R. Walpole in 1716, and again from 1721 to 1741 ; of Mr. Pitt from 1783 to 1801, and again in 1804 until his death ; of Mr. Canning in 1827, and Sir Robert Peel in 1834. But as the two offices were generally accepted at the same time, no question arose ' 174 H. D. 3 s. 1218. 1231, &c ' 2 Hatsell, 47. WHEN SEATS NOT VACATED BY OFFICE, 611 Chapter as to the vacation of the seat. In 1770, however. Lord XXIIT '_ North, being then chancellor of the exchequer, accepted also the office of first lord of the treasury. On that occasion, no new writ was moved, nor was any doubt expressed as to the legal effect of the acceptance of this second office. Again, in October, 1809, Mr. Spencer Perceval, while chan- cellor of the exchequer, succeeded the Duke of Portland as first lord of the treasury, but retained his former office. Doubts were expressed by Lord Eedesdale, whether he had not vacated his seat : but Lord Chancellor Eldon and Mr, Speaker Abbot agreed that he had not ; and no new writ was issued.^ In August, 1873, Mr, Gladstone, already first lord of the treasury, further assumed the office of chancellor of the exchequer. Controversy ensued as to the legal con- sequences of this proceeding : but as Parliament was dis- solved during the recess, the complicated questions involved in this case, including former precedents under the Act of Anne, and the due construction of remedial provisions of the Eeform Act of 1867, did not become the subject of adjudication. By the 6 Anne, c, 41, s, 27, the receipt of a new or other New army commission by a member who is in the army or navv. is ™ °*™' excepted from the operation of the Act, and does not vacate ^'^°°'^- his seat ; ^ and the same exception has been extended, by construction, to officers in the marines ; ^ and to the office of master-general or lieutenant-general in the ordnance, ' 2 Lord CololieBter's Diary, 214. seat ; to reaocept the same office 215. Lord Eldon wrote, 25th Dec. under a new commission has never, 1809, " I think Mr. P.'s seat is not in practice, been held to vacate a Bee offices void by any acceptance of any office seat ; and the acceptance of a new without of proflt since his election. The Act annexation of profit to an office salary, j^^g ugt g^i^ jij^t if the king gives an already in possession, has been con- P' ■ increase of proflt to a person already sidered equally free from the same holding an office of profit, his seat consequences," 2 Walpole, Life of shall be void, but only that if any Spencer Perceval, 51-54. person accepts an office of profit his ' " The receipt of any new corn- seat shall be void." mission in the army or navy, unless " I think with you," wrote the within this exception, disqualifies Speaker, " that under the statute of under sec, 24," Eogers on Elections, Anne, there must be the concurrence part ii. p. 16 (16th ed.). of office and profit conjointly in the ' 2 Hatsell, 45, n. new grant, which is to vacate the 612 "WHEN SEATS NOT VACATED BY OFFICE, Military commands. Ambas- sador. Pension- holders. Offices withont salary. accepted by an officer in the army ; ^ and to military Chapter governments accepted by officers in the army.^ On the 9th !_ June, 1733, General Wade having accepted the office of governor of the three military forts in Scotland, it was resolved that the acceptance of such an office by a member, being an officer in the army, did not vacate his seat.^ The acceptance of a commission in the militia does not vacate the seat of a member.* It has always been held that the office of ambassador, or other foreign minister, does not dis- qualify, nor its acceptance vacate the seat of a member : but the acceptance of the office of consul or consul-general has been deemed to vacate a seat, though the member was con- sidered to be re-eligible;' By 22 & 23 Vict. c. 5, it was declared that persons holding diplomatic pensions were not disqualified from being elected or sitting and voting in the House of Commons. And by 32 & 33 Vict. c. 15, pensions, &c., for civil services, under the Superannuation Acts, do not disqualify the holder from being elected, or sitting or voting, as a member of the House of Commons. A recorder is eligible to serve in Parliament except for the borough of which be is recorder.® In January, 1821, Mr. Bathurst held temporarily the presidentship of the board of control, without its emolu- ments, in connection with another cabinet office then held by him ; and under those circumstances did not vacate his seat ; '' and the holder of a new office, created in 1887, of parliamentary under-secretary to the Lord-Lieutenant of Ireland, did not come within the scope of 41 Geo. III. c. 52 (see p. 603), because no salary or profit attached to the office.^ » 22iid June, 1742, 24 C, J. 284. ^ General Carpenter, Governor of Minorca, 1716; General Conway, Governor of Jersey, 1772, 17 Pari. Hist. 538 ; 2 Hatsell, 48. 52, n. ; 39 C. J. 97.0; 54ib. 292. » 22 ib. 201. * 38 & 39 Vict. c. 69. « 2 Hatsell, 22. 54; 106 0. J. 12 (Dungarvan writ). ^ • 3 & 4 Vict. 0. 108, B. 66; 45 & 46 Vict. c. 50, s. 163. New writs issued on acceptance of office, 125 0. J. 412; Mr. B. Kowlands, 28th June, 1893. ' 3 Lord Sidmouth's Life, 339. 1 15tli and 28th April, 1887, 313 H. D. 3 s. 888. 1003 ; see also n. 1 p. 611. In 1881, a new writ was issued in the case of Mr. Herbert Gladstone, who accepted a lordship of the treasury, without salary. TBIAL OF CONTROVERTED ELECTIONS. 613 Chapter XXIII. Members returned for two At one time it was doubted whether a candidate claiming Petitioning . a seat in Parliament by petition, was eligible for another ei^jbie. *^ place before the determination of his claim : but it was re- solved, on the 16th April, 1728, " that a person petitioning, and thereby claiming a seat for one place, is capable of being elected and returned, pending such petition." ^ In case the petitioner should, after his election, establish his claim to the disputed seat, the proper course would appear to be to allow him to make his election for which place he would serve, in the same manner as if he had been returned p^aoes, see f^j. j^q^Jj places at a general election.^ ip. 614, Whenever any question is raised, affecting the seat of a Questions member, and involving matters of doubt, either in law or tfeteat^s of fact, it is customary to refer it to the consideration of a m«ml>ei-s. committee.^ Before the year 1770, controverted elections were tried Trial of and determined by the whole House of Commons, as mere y™ted' party questions, upon which the strength of contending elections. factions might be tested.* In order to prevent so notorious a perversion of justice, constitu- the house consented to submit the exercise of its privilege *'»'' »f ''o™- ■r o mittees to a tribunal constituted by law, which, though composed "nder the Orcnyills of its own members, should be appointed so as to secure Act. impartiality, and the administration of justice according to the laws of the land, and under the sanction of oaths. The principle of the Grenville Act, and of others which were passed at different times since 1770, was the selection by lot of committees for the trial of election petitions. Partiality and incompetence were, however, generally com- > 21 C. J. 135; 2 Hatsell, 73. It fieems also that a person letuined for one place may petition for another, see n. e, p. 224, Rogers on Elections, part ii. (16th ed.). ^ This point was considered in 1849, when such a case seemed likely to occur: but there have been no precedents. " Case of Mr. "Wynn (stewardship of Denbigh), 94 C. J. 58; of Mr. Whittle Harvey, registered hackney carriages, ib. 29 ; of Mr. Hawes (see p. 166) ; of Baron Kothsohild, as a government contractor (see p. 31); and of Sir B. O'Loghlen (see p. 604). * E.g. Sir Eobert Walpole's resig- nation (1741) in consequence of an adverse vote upon the Ohippeuham Election petition ; see also 1 Caven- dish, Deb. 476. 505 ; 1 May, Onst. Hist. (7th ed.), 362. 614 MEMBERS EBTUKNBD FOE TWO PLACES. plained of in the constitution of committees appointed in chapter this manner ; and in 1839, an Act was passed establishing ^"^^' a new system, upon different principles, increasing the responsibility of individual members, and leaving but little to the operation of chance. Present This principle was maintained, with partial alterations of the means by which it was carried out, until 1868, when the jurisdiction of the house, in the trial of controverted elections, was transferred by statute to the courts of law (see p. 616). Members At the commencement of each session, the house agrees Sessional for two to resolutions dealing with the case of members who are pendTx, p. returned for two or more places in any part of the United ^^'^' Kingdom. This order regulates the manner of choosing Whenmm- for which place a member will sit when he has been withdraw, returned for more than one, and his withdrawal from the ^^^ P" ^^^' house, if debate arose upon the matter of his election. When the time limited for presenting petitions to the court against his return has expired, and no petition has been presented, he is required to make his election within a week, in order that his constituents may no longer be deprived of a representative.^ This election may either be made by the member in his place ^ or by a letter addressed to the Speaker.^ When a petition has been presented against his return for one place only, he cannot elect to serve for either.* He cannot abandon the seat petitioned against, which may be proved to belong of right to another, and thus rebder void an election which may turn out to have been good in favour of some other candidate ; neither can he abandon th& other seat ; because if it should be proved that he is only entitled to sit for one, he has no election to make, and cannot give up a seat without having incurred some legal disqualification, such as the acceptance of office, or bank- > 103 C. J. 99. 100. Parnell, 11th May, 1880, 103 ib. 99 f « Mr. O'Connell, 24th May, 1842, 129ib.l2; 135 ib. 128; also 141 ib. 97 ib. 302 ; Mr. Gathorne Hardy, 9. 26. 318 ; 142 ib. 5. 2lBt Feb. 1866, 121 ib. 104; also < Case of Mr. O'Connell, 1841, 95 141ib. 28; 142 ib. 4. ib. 564; 59 H. D. 3 s. 503; Mr. » Mr. C. "Villiers, 8th Deo. 1847 ; Sexton's case, 1886, 308 ib. 168. Mr. Callan, 19th March, 1874 ; Mr. DOUBLE EETDKNS. 615 Chapter XXIII. Notice of intention not to de- fend, 4'0., see p. 618. Heturn amended, see p. 620. ruptcy. Upon this principle, on the 24th May, 1842, . Mr. O'Oonnell, who had been chosen for the counties of Cork and Meath, elected to sit for the former, directly after the report of the election committee, by which he was declared to have been duly elected for that county.^ When there is a double return, there are two certificates Double endorsed on the writ,^ and both the names are entered in the '^ "'°^' return books. Both members may therefore claim to be sworn, and to take their seats : * but after the election of the Speaker, neither of them can vote until the right to the seat has been determined ; because both are, of course, precluded from voting where one only ought to vote ; and neither of them has a better claim than the other. The practice of making such returns, though apparently prohibited in Eng- land by the 7 & 8 Will. III. c. 7, was sanctioned by the law and usage of Parliament.* In Scotland the making of double returns was directed by the Scotch Reform Act, 1832 (s. 33). In Ireland, on the other hand, a double return was expressly prohibited.^ By sec. 2 of the Ballot Act, 1872, 35 & 36 Vict. c. 33, the law of the Unitfed Kingdom regarding double returns is assimilated,^ which provides that where there is an equality of votes between any candidates, and the addition of a vote would entitle a candidate to be declared elected, the returning officer, if a registered elector, may give such additional vote, but shall not, in any other case, be entitled to vote at an election for which he is returning officer.^ ' 97 C. J. 302. " The ancient form of an indenture was abolished by the Parliamentary and Municipal Elections Act, 1872, Ist sch. s. 44. ' Keport, Oaths of Members, 1848, Q. 23-25. In 1852, three members were returned for Kuaresborough. They were all sworn at the table, 8th Nov., and directed by Mr. Speaker to withdraw below the bar. In 18S9, there were double returns for Knaresborough and Aylesbury, when the members were sworn in the same way. So also in May, 1878, when there was a double return for South Northumberland. * See Helston Election Petition Report, 1866, 121 C. J. 436. 486. = 35 Geo. HI. li. 29, s. 13, and 4 Geo. IV. 0. 55, s. 68, repealed by the Ballot Act, 1872. ° Eogers on Elections, part i. p. 188 (15th ed.). ' In the South Northumberland election, 1878, the sheriff declined to give his casting vote, and made a double return. 616 ELECTION PETITIONS ACTS. Inter- ference of peers and ministers. The house, also, agrees to resolutions in condemnation Chapter of irregular practices to influence the freedom of election Election Petitions, &c., Act, 1868, and later Acts, regarding the votes of peers,^ and the interference of peers „^^^j^ ^^p. and lord-lieutenants^ and bribery at parliamentary elections. PI"**"' P- On the 10th December, 1779, the Commons resolved that it was " highly criminal in any minister or ministers, or other servants under the Crown of Great Britain, directly or indirectly to use the powers of office in the election of representatives to serve in Parliament, &c." * By the Election Petitions and Corrupt Practices at Elections Act, 1868, the Parliamentary Elections and Corrupt Practices Act, 1879, and the statute 44 & 45 Vict, 0, 68, the trial of controverted elections is confided to two been agreed to in its present form in 1801 and 1802, it was intended to apply to the Irish peers and bishops not having seats in Parliament, under the Act of Union ; and now extends • See debates in the Lords, 27th June, 1853, 128 H. D. 3 s. 791 ; 5th July, 1858, 151 ib. 926. 927. Opinion of attorney-general, 24th Nov. 1882, 275 ib. 121. In 1872, the legal ques- tion of the right of peers to vote, or to be entered upon the register of voters, was conclusively decided by the Court of Common Pleas. The Earl of Beauchamp and the Marquess of Salisbury, having had their names struck off the register by the revising barrister, appealed to the Court of Common Pleas. The court unani- mously decided that, in law, as de- rived from authorities and from the determination of election committees, as well as by resolutions of the House of Commons, peers had no right to vote ; and the appeal was accord- ingly dismissed with costs, 15th Nov. 1872, 8 L. E. C. P., pp. 245-255. * In February, 1868, two bishops (one not beiug a lord of Parliament) were on the committee of one of the candidates for the University of Cam- bridge : but on notice being taken of the circumstance, they withdrew, (Question of Mr. Whitbread, and Sir W, Stirling Maxwell's answer, 18th Feb.) Doubts were raised whether the resolution embraced a bishop not being a lord of Parlia- ment ; but it is clear that, having to English bishops not yet summoned to the Lords, by later statutes, 56 C. J. 25 ; 57 ib. 376. See cases of Bishop of Carlisle, 16 lb. 548; of Duke of Leeds, 68 ib. 344; 26 H. D. 796. 989, &c. Debate, 14th Deo. 1847 (West Gloucester election), and precedents cited by the attorney- general in regaxd to proceedings of the house against peers who have interfered in elections, 95 H. D. 3 s. 1077; and Debate, 19th Feb. 1846, 83 ib. 1167; Stamford borough case, 1848, 98 ib. 932. 976; Earl of Oado- gan, 28rd Feb. 1880, 250 ib. 1198. For complaints made of lord-lieu- tenants interfering in elections, see Duke of Chandos, Lord-Lieutenant of Southampton, 37 0. J. 507. 513. 538. 557; Duke of Bolton, a peer of Parliament, in the same election, 37 ib. 530. Use of peers' carriages at elections, 142 ib. 358; Beport of Commons* Select Committee, Pari. Paper, sess. 1887, No. 50 ; of Lords' Committee, Pari. Paper, sess. 1888, No. 204 ; 11th and 20th July, 1887, 317 H. D. 3 s. 363. 1489. » 37 C. J. 507. ELECTION PETITIONS ACTS. 617 aapter judges, selected, as regards England, from the Queen's L Bench Division of the High Court of Justice ; as regards Ireland, from the Court of Common Pleas at Dublin ; and as regards Scotland, from the Court of Session. Petitions Election complaining of undue elections and returns are presented to bt'trLd to these courts instead of to the House of Commons, as ^7 *•'■''<> formerly, withm twenty-one days after the returns to which they relate, and are tried by two judges of those courts, within the county or borough concerned. The house has Trial of no cognizance of these proceedings until their termination : petitions, when the judges certify their determination, in writing, to the Speaker, which is final to all intents and purposes.^ The judges are also to report whether any corrupt practices have been committed with the knowledge and consent of any candidate ; the names of any persons proved guilty of corrupt practices ; and whether corrupt practices have extensively prevailed at the election.^ They may also make a special report as to other matters which, in their judgment, ought to be submitted to the house. Provision is also made for the trial of a special case, when required, by the court itself, which is to certify its determination to the Speaker. By sec. 5 of the Corrupt and Illegal Practices Prevention Act, 1883, the election court is directed also to report to the Speaker whether candidates at elections have been guilty by their agents of corrupt practices. The judges are also to report the withdrawal of an election petition to the Speaker, with their opinion whether the withdrawal was the result of any corrupt arrangement. All such certificates and reports are communicated to the house by the Speaker, and are treated like the reports of election ' On the 1st June, 1874, Mr. titled to he heard, 129 C. J. 184. O'Donnell (lately member for Gal- ' The Election Petitions Act, 1868, Shorthand way) appeared at the bar and s. 24, directs that notes of evidence viriter of claimed to make a statement before given at an election trial shall be -'^'"■'"'" Tnenif see the certificate of the judge, by which taken by the shorthand writer of the „_ ig4_ he was unseated, was read : but the House of Commons, whose transcript Speaker informed him that it ap- shall be sent to the Speaker with the peared from the judge's certificate judge's certificate. The shorthand that he was disqualified from sitting, writer does not report proceedings and that he therefore was not en- on the withdrawal of a petition. 618 ADJUDICATION BY HOUSE OP ELECTIONS. committees under the former system. They are entered in Chapter the journals ; and orders are made for carrying the deter- L minations of the judges into execution. A report that corrupt practices have extensively prevailed is equivalent to the like report from an election committee, for all the purposes of the 15 & 16 Vict. c. 57, for further inquiry into such corrupt practices. Where there is a double return (see p. 615), and notice is given by one of the parties that he does not intend to defend his return, a report is made to the Speaker, and the return is amended accordingly. This Act also makes further provision for the punishment of corrupt practices at elections. Commis- In addition to these inquiries by election judges, if upon a petition to the House of Commons, presented within twenty-one days after the return, alleging the prevalence of corrupt practices at an election, an address of both houses for inquiry is presented, a commission is appointed under the 15 & 16 Yict. c. 57. Proceed- A few words will suffice to explain the proceedings of the hcmse°in house, SO far as its judicature is still exercised in matters of matters of election. It being: enacted by sec. 50 of the Election Petitions, election. . &c.. Act, that " no election or return to Parliament shall be questioned except in accordance with the provisions of this Act," doubts were expressed whether this provision would not supersede the jurisdiction of the house, in determining questions affecting the seats of its own members, not arising out of controverted elections. It is plain, however, that this section applied to the questioning of returns by election petitions only. Under the procedure in force before the Election Petitions Act, 1868, when returns were questioned, by petition, the matter was determined by the statutory tribunal ; otherwise the house uniformly exercised its con- stitutional jurisdiction. And such continues to be the position of the house, after the judicature of its election committees had been transferred to the judges. In the autumn of 1868, an election petition had been pre- sented to the Court of Session in Scotland, complaining of the election of Sir Sydney Waterlow for the county of Dum- ADJUDICATION BY HOUSE OF ELECTIONS. 619 Chapter fries, on the ground of his holding a government contract. L In the ensuing session, however, the petition having been withdrawn, a select committee was appointed to "consider whether Sir Sydney Waterlow is disqualified from sitting and voting as a member of this house, under the statute 22 Geo. III. c. 45 ; " and on receiving the report of this committee, which declared him disqualified, a new writ was issued for the county of Dumfries.'- Thus the very same question which might have been determined, upon petition, by an election jadge, was adjudged by the house itself. The house is, in fact, bound to take notice of any legal disabilities affecting its members, and to issue writs in the room of members adjudged to be incapable of sitting.^ In Case of 1870, O'Donovan Eossa, a convict then in prison, and Eosg^a"!"^*" sentenced to penal servitude for life, for felony under the Treason-Felony Act, had been returned as member for the county of Tipperary. The house took action, and ordered the issue of a new writ.^ The case of John Mitchel, in 1875, further illustrates the Case of position of the house, in relation to elections, and the legal jiitcheL disqualifications of its members. John Mitchel had been returned for the county of Tipperary without a contest. No question could, therefore, arise as to the election or return, the sole matter for determination being the qualification of the member. It was notorious that he was an escaped convict, and had not completed the term of transportation to which he had been sentenced. The facts of the case were proved ; and his legal disqualification was clearly established to the satisfaction of the house.* A new writ was accordingly issued ; and John Mitchel was again returned. But, on this occasion, there had been a contest ; and the house therefore left the merits of the election and return to be determined under the Election Petitions Act. Mr. Moore, the other candidate, having given due notice of the disqualification, proved his claim to the seat, and the return was amended ' 124 C. J. 12. 43. 82. 88. mpra, p. 33, n. 3. = 94 ib. 48; 103 ib. 102. * Under 9 Geo. IV. o. 32, b. 3; 9 » H. D. 10th Feb. 1870 ; anil see Geo. IV. e. 54, s. 33. 620 DETERMINATION OP ELECTION TRIALS. accordingly.^ And again, on the 28th February, 1882, the Chapter Y YTTT house resolved that Michael Davitt, having been adjudged L guilty of felony, and sentenced to penal servitude for fifteen years, and being then imprisoned under such sentence, was incapable of being elected or returned as a member.^ In such cases as this, the jurisdiction and duty of the house cannot be questioned, as the incapacity of a felon is expressly declared by statute.^ A petition relating to an election, but not questioning the return of the sitting member, may properly be received.* Proceed- Where it has been determined that the sitting member house upon was not duly elected,^ and that some other candidate was j^'^Xj*' duly elected, and ought to have been returned, the Clerk oi Error in tion trials. t]je Crown is ordered to attend, and amend the return, by amended, substituting the name of the duly elected candidate for the ^^^ ?• ^^^' name of the other candidate.* In the case of a double Double return, the Clerk of the Crown is ordered to attend and p^'g^s', ^" aniend the return, by rasing out the name of one of the parties, and what relates to him in the return.'' When the election is void, a new writ is ordered, unless the house shall think fit to suspend its issue. In the case of the Wigton election, 1874, the judge reported that the Right Hon. John Young was duly elected : but it appearing that since his election he had been appointed a judge of the Court of Session, in Scotland, a new writ was issued.^ ' 130 C. J. 49. 52. 239 ; 222 H. D. was important, the question was oan- 3 s. 493. vassed whether Mr. Mills could vote. " 137 0. J. 77. It was admitted that his vote could ' 33 & 34 Vict. i>. 22, o. 2. See not be disallowed : but on taking H. D. 28th Feb. 1882, and espe- counsel with his friends, he very cially the speech of the attorney- properly desisted from voting. — Mr. general. Spealcer Venison's Note-hook. * 194 H. D. 3 s. 1185. » Tipperary Election, 27th March, ' No notice can be taken of a de- 1875, 130 0. J. 236 ; Evesham Elec- termiuation until reported to the tion, 1881, 136 ib. 5. house. On the 27th May, 1866, Mr. ' 97 ib. 203; 124 ib. 173; Mont- Mills, member for Northallerton, had gomery Election, 1848, 103 ib. 218; been declared not duly elected : but Dumbartonshire Election, 1866, 121 no report had been made to the house, ib. 156; South Northumberland and the division on the second read- Election, 1878, 133 ib. 333. sng of the Eeform Bill was expected ' Votes, 1st and 2ud June, 1874. the same evening. As every vote SPECIAL REPORTS, ELECTION TRIALS. 621 Chapter Where there have been special reports concerniDg bribery,^ Special 1_ or riots at elections ;^ the conduct of returning officers ;^ undue "^""^ ^' influence, and spiritual intimidation ;* the alteration of the poU;^ the absence, misconduct, or perjury of witnesses;" defects or uncertainty in the law ; ' the propriety of suspending the writ ; ^ or any other exceptional circumstances ; ^ — the house has taken such measures as were required by law or usage, Tho short- or as appeared suitable to the occasion. It has been usual, 'writer's i^ such cascs, to Order a copy of the judgment delivered by notes, see ^]jq judge, and the minutes of evidence, to be laid before the p. 617, n. 2. J b > > house. The penalties, inflicted for corrupt practices at elections Penalties ' may have the following effect upon the composition of the J'l^aotices'^' House of Commons. "A person may, at an election, be disqualified for being elected by reason of corrupt practices committed at an election previous thereto. So also a person not disqualified before an election may, during the election, become disqualified by reason of corrupt practices being committed at such election : but the latter disqualification can only arise ex post facto upon an investigation into such election. This disqualification always existed at common law," and the statutory provisions to which reference will be made are " intended only to giye fuller efi"ect to the common law of Parliament." " Under sec. 4 of the Corrupt and Illegal Practices Prevention Act, 1883, a candidate for parlia- Seports mentary election who is reported by an election court as 'Uo'^murts personally guilty of corrupt practices, is incapacitated, to the during seven years from the date of the report, from being see p. 617. elected for any constituency, and for ever from sitting for the constituency where the corrupt practice took place. Under sec. 5, a candidate who is reported as guilty by his ' Peterborough, 1853, 108 0. J. 826. » 114 ib. 330. 350 ; 115 ib. 167. " Drogheda petition, 1857, 112 ib. " 115 lb. 94. 167, &o. 383; Limerici: city petition, 1859, ' 93 ib. 275; 97 ib. 198; 98 ib. 114 ib. 338. 133; 103 ib. 511. 965. ' Helston Election, 1866, 121 ib. « Beverley case, 1859, 114 ib. 359. 436. ° 112 ib. 292. 295. 369. 385; 114 ♦ Mayo petition, 1857, 112 ib. 307; ib. 369; 121 ib. 288. Galway County Election, 1872, 127 '" Eogers on Elections, part. ii. p. ib. 258. 31 (leth ed.). 622 SPECIAL REPORTS, ELECTION TRIALS. agent is incapacitated, during seven years from the date of chapter xxm. the report, from being elected for the constituency where the corrupt practice took place. Under sees. 6 and 38, any person who is convicted on indictment, or who is reported by an election court, or by election commissioners to have been guilty of a corrupt practice, is incapacitated for being elected to any constituency, during seven years from the date of the conviction, if convicted, or, if reported, from the date of the election. These incapacities are imposed in addition to the election being avoided.^ Extensive By the Corrupt Practices Act, 1863, election committees practfces. ^^'®^® required to report whether corrupt practices had extensively prevailed, and consequent provision was made for the institution of prosecutions by the attorney-general. This duty is now laid upon the public prosecutor by sec. 45 of the Corrupt and Illegal Practices Act, 1883, who, when informed tha^ corrupt or illegal practices have prevailed in any election, shall, subject to the regulations under the Prosecution of Offences Act, 1879, make such inquiries and institute such prosecutions as the circumstances of the case appear to him to require ; and thus the intervention of the house, in such cases, is rendered unnecessary by the direct operation of the law. Writs sus- When general and notorious bribery and corruption have been proved to prevail in parliamentary boroughs, the house has suspended the issue of writs,^ with a view to further ' Eogers on Eleotiona, part ii. pp. was no prospect of passing a disfran- 31. 33 (16th ed.). For the proofs of chlsement bill ; see debate, 13th agency in election inquiries and its Feb. 1837, on issue of writ, 90 ib. results, see ib. pp. 200. 375 (16th 262 ; 91 ib. 792. Sudbury ; writ Bus- ed.), pended from lith April, 1842, till = Liverpool, 1831, 86 0. J. 458. 1st Aug. 1843, 97 ib. 188. 467, &o. ; 493; Warwick, 1833, 88 ib. 611 ; 89 Disfranchisement Act, 7 & 8 Vict. c. ib. 9. 579; Carrickfergus, 1833, 88 53. Ipswich, 1842; writ suspended ib. 531. 599 ; Hertford, 1833, ib. 578. from 25th April until 1st Aug. 1842, 649. In the three last cases, the 97 ib. 221. 554. Yarmouth, 1848; writs were suspended until the dis- writ suspended from 14th Feb. until solution in Deo. 1834. Meanwhile 30th June, 103 ib. 213 ; freemen dis- bills of disfranchisement, or for pre- franchised by 11 & 12 Vict. c. 24. venting bribery in these boroughs, Harwich, 1848, 103 ib. 330. 702. In were pending. Stafford, 1835 ; writ 1851, an Act was passed for inquiring suspended until 1837, until there into bribery at St. Albans, 14 & 15 pended. COMMISSIONS OF INQUIRY. 623 Chapter inquiry, and proceedings for the ultimate disfranchisement L of the corrupt constituencies by Act of Parliament.^ An effectual mode of investigating corrupt practices at Commis- sions of ' inquiry. elections was also established by 15 & 16 Vict, c, 57, i^""^" which provided for the appointment of a royal commission of inquiry, upon a joint address of both houses of Parliament, or in consequence of a report from the election judges.^ Addresses were agreed to in the cases of Canterbury, Cambridge, Maldon, Barnstaple, Kingston-upon-Hull, and Tynemouth, in 1853 ; G-alway, in 1857 ; Gloucester and Wakefield, in 1859 ; Lancaster, Great Yarmouth, Eeigate, and Totnes, in 1866 ; Beverley, Bridgwater, Casbel, Sligo, Dublin, and Norwich, in 1869; Norwich and Boston, in 1874; Boston, Canterbury, Chester, Gloucester, Knares- borough, Macclesfield, Oxford, and Sandwich, in 1880 ; and in 1869, commissioners were appointed, by statute, to inquire into corrupt practices reported, by an election judge, to have been committed by the freemen of Dublin. In pursuance of the reports of election commissioners, Bills by the Eeform Act of 1867, the four corrupt boroughs of i.°ports of" Lancaster, Great Yarmouth, Eeigate, and Totnes were ] disfranchised. In 1870, the boroughs of Bridgwater, Bever- ley, Sligo, and Cashel, and certain voters of the citiys of Norwich and Dublin, were disfranchised by special Acts ; ^ and in 1871, certain other voters of Norwich were disfran- Vict. c. 106; and the borougb was Election, 1880; writ suspended until disfranchised by 15 & 16 Vict. u. 9. Nov. 1881. On several other occa- Barnstaple ; writ suspended from sions, writs have been suspended for 22nd April, 1853, until 11th Aug. shorter periods until the printing of 1854. Cambridge; writ suspended evidence; e.g. Nottingham, 1843; from Srd March, 1853, until 11th Harwich, 1848 ; and Clitheroe, 1853. Aug. 1854. Canterbury ; writ sus- ' Copies of disfranchisement bills pended from 22nd Feb. 1853, until are served upon the returning oflBcer 11th Aug. 1854. Wakefield and before the second reading, 99 C. J. Gloucester; writs suspended from 443; 103 ib. 366. Lancaster, Great July, 1859, until 20th Feb. 1862. Yarmouth, Eeigate, and Totnes, See 156 H. D. 3 s. 771 ; 157 ib. 1637 ; 1866 ; Bridgwater and Beverley, 161 ib. 247 ; 163 ib. 1070, &c. Nor- Sligo and Cashel, 1870 ; Norwich wich ; writ suspended in 1875, 130 and Boston, 1876, 131 ib. 325. C. J. 247; Act passed in 1876, for- ' See Rogers on Elections, part ii. bidding any election during the Par- p. 272 (16th ed.). Jiament, 39 & 40 Vict. c. 72. Wigan ' 33 & 34 Vict. cc. 21. 25. 38. 54. , commis- sioners. 624 COMMISSIONS OP INQUIRY. chised. In 1876, after the reports of two commissions, an chapter . - XXIII Act was passed forbidding an election for Norwich until the L end of the Parliament, and disfranchising several persons for a period of seven years, in Norwich and Boston.^ ' 39 & 40 Vict. 0. 72 ; see also the Boston, Canterbury, Chester, Glou- Acts 14 & 45 Vict. c. 42; 45 & 46 cester, Macclesfield, Oxford, and Vict. c. 68, prohibiting elections for Sandwich. IMPEACHMENT. 625 Chapter CHAPTEE XXIV. XXIV. Table of IMPEACHMENT BY THE COMMONS. TEIAL OF PEEKS. BILLS Contents, seep. OF ATTAINDER. xxxvii. Impeachment by the Commons, for high crimes and mis- Rarity of demeanours beyond the reach of the law, or which no other ments in authority in the state will prosecute, is a safeguard of public y^''eg™ liberty, which happily, in modern times, is rarely called into activity ; ^ as the times in which its exercise was needed — ^when the people were jealous of the Crown ; when the Parliament had less control over prerogative; when courts of justice were impure; and when the Crown and its officers screened political offenders from justice, — have passed away. Impeachments are reserved for extraordinary crimes and Grounds of extraordinary offenders : but by the law of Parliament, all ment. persons, whether peers or commoners, may be impeached for any crimes whatever. It was always allowed that a peer might be impeached for Peers and any crime, whether it were cognizable by the ordinary moners. tribunals or not: but doubts have been entertained, upon the authority of the cases of Simon de Beresford, in the 4th Edward III.,^ and of Fitzharris, in 1681, whether a commoner could be impeached for any capital offence, ' The earliest recorded instance and the Eevolution, 1688, about forty of impeachment by the Commons oases of impeachment occurred ; in was in the reign of Edward III., the reigns of William III., Queen 1 376. During' the next four reigns, Anne, and George I., fifteen ; and cases of impeachment were frequent ; in the reign of George II., that of but none occurred in the reigns of Lord Lovat, 17i6. The last cases Edward IV., Henry VII. and VIII., were Warren Hastings, 1788, Lord Edward VI., Queens Mary and Eliza- Melville, 1805. beth, Hallam, 1 Const. Hist. 357. In = 2 Eot. Pari. 53, 54 ; 4 Edward III. the reign of James I., the practice of Nos. 2 and 6, 14 L. J. 260 ; Black- impeachment was revived. Between stone, 4 Comm. c. 19 ; Lord Camp- 1620, when Sir Giles Mompesson bell, 3 Lives of the Chancellors, 358. and Lord Bacon were impeached, 359. 410 ; 13 L. J. 755. P. 2 S 626 IMPEACHMENT. The authority of the cases of Simon de Beresford and Chapter XXIV of Fitzharris has been superseded.^ When on the 26th '— Case of Sir June, 1689, Sir Adam Blair and four other commoners A. Blair and others, were impeached of high treason, the Lords, after receiving and considering a report of precedents, including that of Simon de Beresford, and negativing a motion for requiring the opinion of the judges, resolyed that the impeachment should proceed.^ And thus the right of the Commons to impeach a commoner of high treason has been affirmed by the last adjudication of the House of Lords. Commence- It rests, therefore, with the House of Commons to deter- ment of . proceed- mine when an impeachment should be instituted. A '°^^' member, in his place, first charges the accused of high treason, or of certain high crimes and misdemeanours, and, after supporting his charge with proofs, moves that he be impeached. If the house deem the ground of accusation sufficient, and agree to the motion, the member is ordered to go to the Lords, " and at their bar, in the name of the House of Commons, and of all the commons of the United Kingdom, to impeach the accused ; and to acquaint them that this house will, in due time, exhibit particular articles against him, and make good the same." The member, accompanied by several others, proceeds to the bar of the House of Lords, and impeaches the accused accordingly. Articles of A committee is appointed to draw up the articles, and on ment!'^ ' their report, the articles are discussed, and, when agreed to, are ingrossed and delivered to the Lords, with a proviso that the Commons shall be at liberty to exhibit further articles from time to time.^ The accused sends answers to each article, which, together with all writings delivered ' Jiidioature of Parliament, 3 Seld. Hist. 1333; 8 Howell's St. Tr. 326; Works, part ii. 1589 ; see also Lord Chief Justice Soroggs, 13 L. J. 752. Hale, Jurisd. of the Lords, e. 16 ; 4 « 4 Hatsell, 428 ; 14 L. J. 260. Hatsell, 60, n., 84. 163. 187. 216, «. ; ' 45 ib. 350 ; 60 0. J. 482. 483. In 2 Hallam, Const. Hist. 144 ; Sir E. the case of Warren Hastings, articles Belknap and others, and Simon de of impeachment were prepared before Beverley and others, 1383, 3 Kot. the formal impeachment: but the Pari. 238. 240, 13 L. J. 755; 8 visual course has been to prepare Howell's St. Tr. 231-239; 2 Burnet, them afterwards. Own Times, 280; 4 Hans. Pari. IMPEACHMENT. 627 Chapter in by him, are communicated to the Commons by the L_ Lords ; and to these, replications are returned, if necessary.^ If the accused be a peer, he is attached or retained in Accased custody, by order of the House of Lords ; if a commoner, custody. he is taken into custody by the Serjeant-at-arms attending the Commons, by whom he is delivered to the gentleman usher of the Black Rod, in whose custody he remains, unless he be admitted to bail by the House of Lords, or be other- wise disposed of by their order.® The Lords appoint a day for the trial, and in the mean Managers time the Commons appoint managers to prepare evidence ^^P"'" and conduct the proceedings, and desire the Lords to sum- Witnesses mon all witnesses, who are required to prove their charges.^ The accused may have summonses issued for the attendance of witnesses on his behalf, and is entitled to make his full defence by counsel.* The trial has usually been held in Westminster Hall, The trial. which has been fitted up for that purpose. In the case of peers impeached of high treason, the House of Lords is presided over by the lord high steward, who is appointed by the Crown, on the address of their lordships : but, at other times, by the lord chancellor or Lord Speaker of the House of Lords. The Commons attend the trial, as a com- ciiarges to mittee of the whole house,^ when the^ managers make their t^t^e ° charges, and adduce evidence in support of them : but they ^^''^i^^- are bound to confine themselves to charges contained in the articles of impeachment. Mr. Warren Hastings complained, by petition to the House of Commons, that matters of ac- cusation had been added to those originally laid to his charge, and the house resolved that certain words ought not to have been spoken by Mr. Burke.^ When the case has been com- pleted by the managers, they are answered by the counsel for the accused, by whom witnesses are also examined, if necessary ; and, in conclusion, the managers, as in other trials, have been allowed a right of reply. 1 20 L. J. 297 ; 18 C. J. 391 ; 61 '61 0. J. 169. 224. ib. 164. ■■ 20 Geo. II. c. 30 ; 45 L. J. 439. 2 20 L. J. 112 ; 27 ib. 19 ; 16 G. = 45 ib. 519. J. 242 ; 42 ib. 793. 796 ; 37 L. J. 714. « 44 0. J. 298. 320. 628 IMPEACHMENT. Lords de- termine if the accused be guilty. Commons demand judgment. The judg- ment. Proceed- ings not concluded by proroga' tion or diS' solution. When the case is thus concluded, the Lords proceed to '^^i.' determine whether the accused be guilty of the crimes with which he has been charged. The lord high steward puts te each peer, beginning with the junior baron, the question upon the first article, whether the accused be guilty of the crimes charged therein. Each peer, in succession, rises in his place when the question is put, and standing uncovered, and laying his right hand upon his breast, answers " guilty," or " not guilty," as the case may be, " upon my honour." Each article is proceeded with separately, in the same manner, the lord high steward giving his own opinion the last.^ The numbers are then cast up, and, being ascertained, are declared by the lord high steward to the lords, and the accused is acquainted with the result.^ If the accused be declared not guilty, the impeachment is dismissed ; if guilty, it is for the Commons, in the first place, to demand judgment of the Lords against him ; and they would protest against any judgment being pronounced until they had demanded it.^ When judgment is to be given, the Lords send a message to acquaint the Commons that their lordships are ready to proceed further upon the impeachment; the managers attend ; and the accused, being called to the bar, is then permitted to offer matters in arrest of judgment. Judgment is afterwards demanded by the Speaker, in the name of the Commons, and pronounced by the lord high steward, the lord chancellor, or Speaker of the House of Lords.* The necessity of demanding judgment gives to the Com- mons the power of pardoning the accused, after he has been found guilty by the Lords ; and in this manner an attempt was made, in 1725, to save the Earl of Macclesfield from the consequences of an impeachment, after he had been found guilty by the unanimous judgment of the House of Lords.^ So important is an impeachment by the Commons, that ' Printed trial of Lord Melville, p. 4:02. « lb. p. 413. ' Commons' resolutionB, Earl of Winton's and Lord Lovat's impeach- ments, 18 C. J. 405 ; 25 ib. 320. ' 22L. J. 556. 560; 27 ib. 78. ' Ib. 554. 555; 20 0. J. 541 (27tli May, 1725) ; 6 Howell, St. Tr. 762. TBIAL OF PEEKS. 629 Chapter not only does it continue from session to session, in spite of XXIV L_ prorogations, by which other parliamentary proceedings are determined, but it survives even a dissolution, by which the very existence of a Parliament is concluded.^ In the case of the Earl of Danby, in 1679, the Commons Pardon not protested against a royal pardon being pleaded in bar of an '' ** * impeachment ; ^ and it was declared by the Act of Settle- ment, " That no pardon under the great seal of England shall be pleadable to an impeachment by the Commons in Parliament." But, although the royal prerogative of pardon is not But may be suffered to interfere with the exercise of parliamentary wards. judicature, yet the prerogative itself is unimpaired in regard to all convictions whatever ; and, after the judgment of the Lords has been pronounced, the Crown may reprieve or pardon the offender. This right was exercised in the case of three of the Scottish lords who had been concerned in the rebellion of 1715, and who were reprieved by the Crown, and at length received the royal pardon. Concerning the trial of peers, very few words will be Crimes for necessary. At common law, the only crimes for which a Tre tried by peer is to be tried by his peers, are treason, felony, misprision ^^^" P°^''^' of treason, and misprision of felony ; and the statutes which give such trial have reference to the same offences, either at common law or created by statute. For misdemeanours, and in cases of praemunire, it has been held that peers are to be tried in the same way as commoners, by a jury.* During the sitting of Parliament, they are tried by the in Parlia- House of Peers ; or, more properly, before the court of our court of lady the Queen in Parliament,* presided over by the lord stg^arf J* high steward appointed by commission under the great seal : ® but at other times, they may be tried before the court • 39 L. J. 191 ; Keport, ib. 125 ; 405 ; 3 Lord Maoaulay, Hist. 407. 46 C. J. 136 ; 2 May, Const. Hist. ■■ Eex v. Lord Vaux, 1 Bulstr. 197. (7th ed.), 93 ; see, however, the Acts ' Foster, Crown Law, 141. passed in the case of Warren Hast- = After the trial, his grace breaks ings and Lord Melville, 26 & 45 the white staff, and declares the Geo. IIL cc. 96. 125. commission dissolved. See published " See 4 Hatsell, 197, /.. 208. 400. trial of the Earl of Cardigan. 630 TEIAL OF PEEKS. of the lord high steward,^ to which, under 7 Will. III. c. 3, Chapter XXIV all the peers must be summoned. '_ Indict- By the 4 & 5 Vict. c. 22, it was enacted, " That every ments against lord of Parliament, or peer of this realm, having place and P'^"' voice in Parliament, against whom any indictment may be found, shall plead to such indictment, and shall, upon con- viction, be liable to the same punishment as any other of her Majesty's subjects." Indictments are found, in the usual manner, against peers charged with treason or felony : but are certified into the House of Lords by writs of certiorari, when the proceedings are immediately taken up by that house. It is usual, in such cases, to appoint a committee to inspect the journals upon former trials of peers, and to consider the proper methods of proceeding ; and if the accused peer be not already in custody, an order is forthwith made for the gentle- man usher of the Black Kod to attach him, and bring him to the bar of the house.^ Accused Peers on trial before the Lords for misdemeanours are thrbar. allowed a seat within the bar : but if tried for treason or felony, they are placed outside the bar.^ Trial of By standing order No. 72, it was resolved by the Lords, Fn"uU Par- " That it is the ancient right of the peers of England to be BeSaral t^'J^d Only in full Parliament for any capital offences : " tion con- fcut « That this order should not be understood or construed appeals of to cxtcnd to any appeal of murther or other felonye, to be murt ei, {jj-Q^gj^^ against any peer or peers." Lord high When a peer is tried in full Parliament, the lord high steward votes with the other peers : but when the trial is before the court of the lord high steward, he is only the judge to give direction in point of law ; and the verdict is given by the lords-triers.* Spiritual In the trial of peers, the position of the bishops is at once anomalous and ill defined. Not being themselves ennobled • See i Blackstone, Comm. 260; 1848); SOL. J. 415. trial of Lord Delamere, 11 Howell, ' 3 Lord Campbell, Lives of Chan- St. Tr. 539 ; 2 Lord Macaulay, Hist. cellors, 538, n. 38. ' lb. 557, n. ' 99 H. D. 3 s. 1050 (23rd June, steward. lords. TRIAL OF PEEKS. 631 Chapter in blood, they are " not of trial by nobility," but would be '— tried for a capital offence by a jury, like other commoners.^ Though not entitled to a trial by the peers, they claim, and to a certain extent exercise, the right of sitting, as judges, upon the trial of peers in full Parliament. When a peer is to be tried in full Parliament, the bishops, as lords of Parliament, are entitled to take part in the proceedings of the House of Lords, of which they are members, and they are always summoned to attend with the other peers.^ Here, however, they are restrained from the full exercise of their judicial functions, by their ecclesiastical obligations. By the canons of the Church,^ they are prohibited from voting in cases of blood ; and by the Constitutions of Clarendon, it was declared, " That bishops, like other peers (or barons), ought to take part in trials in the king's court, or council, with the peers, until it comes to a question of the loss of life or limb." It was declared by the Lords, on the impeachment of the Spiritual Earl of Danby, "That the lords spiritual have a right to/ra^."" stay and sit in court in capital cases, till the court proceed to the vote of guilty or not guilty." And in accordance with this rule, the bishops are present during the trial of peers in Parliament, but ask leave to be absent from the judgment ; which being agreed to, they withdraw, in com- pliance with the canons of the Church, but enter a pro- testation, "saving to themselves and their successors, all such rights in judicature as they have by law, and by right ought to have." * In passing bills of attainder, the bishops are not subjected Bishops to the same restraints as upon an impeachment. The pro- biHs of ceedings, though judicial, are legislative in form ; and as ^t'*""!*""- they consist of numerous stages, no particular vote involves • Lords' S. O. No. 73 ; 1st Inst. 31 ; summoned to attend tlie court of 3rd Inst. 30 ; Gibson, Codex, 133 ; the lord high steward. Gilbert,Exch. 40; lBurn,Eecl. Law, 'Gibson, Oodex, 124. 125; and 221, et seq. ; Trials of Bishop Fisher see 2 Burnet, Own Times, 216; and and Arohbisbop Oranmer, 1 Howell, 3 Stillingfleet, Works, 820. St. Tr. 399. 771. * 11 Henry II. A.r. 1164; 1 Wil- ' 73 L. J. 16 ; Foster's Crown kins' Concilia, 435 ; 13 L. J. 571 ; 27 Law, 247. Spiritual lords are not ib. 76 ; 73 ib. 43. 632 TEIAL OF PEERS. a conclusive iudgment upon the accused. In the attainder chapter "^ XXIV. of Sir John Fenwick, in 1696, the bishops voted in all the . proceedings, and even upon the final question, for the passing of the bill.^ Represen- -^7 ^^^ 23id. article of the Act of Union with Scotland, it tative peers |g declared that the sixteen representative peers shall have of Scotland, . , ■ ■, n the right of sitting upon the trials of peers ; " and in case of the trial of any peer in time of adjournment or prorogation of Parliament, they shall be summoned in the same manner, and have the same powers and privileges at such trial, as any other peers of Great Britain ; " and in case there shall be any trials of peers when there is no Parliament in being, the sixteen peers who sat in the last Parliament shall be summoned in the same manner. All peers of Scotland enjoy the privilege of being tried as peers of Great Britain. and Ire- ^V *^® ^^^ article of the Act of Union with Ireland, it laud. ^as enacted that" the (representative) lords spiritual and temporal respectively, on the part of Ireland, shall have the same rights in respect of their sitting and voting upon the trial of peers, as the lords spiritual and temporal respectively on the part of Great Britain ; " and that all the peers of Ire- land shall be sued and tried as peers, but shall not have the right of sitting on the trial of peers. Bills of at- The proceedings of Parliament, in passing bills of attain- tainder and ^^^ ^j^^ q{ pains and penalties, do not vary from those and penal- adopted in regard to other bills ;^ though the parties who are subjected to these proceedings are admitted to defend themselves by counsel and witnesses, before both houses. The highest Whenever a fitting occasion arises for its exercise, a bill ^°™. "^ of attainder is, undoubtedly, the highest form of parlia- taryjndi- mentary judicature. In impeachments, the Commons are but accusers and advocates ; while the Lords alone are > 16 L. J. 44. 48 ; 13 Howell, St. 1722, the bill of pains and penalties Tr. 750, et seg. against Dr. Atterbury, Bishop of ' Bills of attainder generally com- Eochester, was brought into the mence in the House of Lords. In Commons, 20 C. J. 165. catnre. TRIAL OF PEEKS. 633 Chapter judges of the crime. On the other hand, in passing bills of 1- attainder, the Commons commit themselves by no accusation, nor are their powers directed against the offender : but they are judges of equal jurisdiction, and with the same responsi- bility, as the Lords ; and the accused can only be condemned by the united judgment of the Crown, the Lords, and the Commons. ( 634 ) BOOK III. THE MANNER OF PASSING PRIVATE BILLS. CHAPTER XXV. cJ^aptw XXV. DISTINCTIVE CHAEACTEE OP PEIVATE BILLS. Table of Contents, see p. Definition EvEEY bill for the particular interest or benefit of any xxxvii. biiFs?™ ^ person or persons is treated, in Parliament, as a private bill. Whether it be for the interest of an individual, a public company or corporation, a parish, a city, a county, or other locality,^ it is equally distinguished from a measure of public policy, in which the whole community are interested ; and this distinction is marked by the solicitation of private bills by the parties themselves whose interests are concerned. By the standing orders of both houses, all private bills are required to be brought in upon petition ; ^ and the payment of fees, by the promoters, is an indispensable condition to their progress. Bills con- But while the distinction between public and private bills metropolis, may be thus generally defined, considerable difficulties often arise in determining to what class particular bills properly belong. Though a bill relating to a city is generally held to be a private bill, bills concerning the metropolis have been dealt with as public bills, — ^the large area, the number of parishes, the vast population, and the variety of interests concerned, constituting them measures of public policy rather than of local interest. Thus the Metropolis Police Bills in 1828 and 1839, the Metropolis Local Management Bill in 1855, the Main Drainage of the Metropolis Bill in ' See infra, Chap. XXXI., and 2 held to be a private bill, 1 C. J. 388. Hatsell, 281-288. A bill for the ' But see exceptions, infra. Chap. benefit of three counties has been XXVIII. PBIVATB BILLS. 635 Chapter 1858, and other similar bills,^ were brought in, and passed ! — through all their stages, as public bills. In 1851, 1852, and 1878, the Metropolis Water Supply Bills, which, while they concerned the metropolis, yet more particularly dealt with the special interests of existing water companies, were brought in as public bills, but were otherwise dealt with as " hybrid," or quasi private bills.^ Numerous other bills concerning the metropolis have been brought in as public bills, but private property and interests being affected by them, they were similarly dealt with.^ Such bills, however, appear among the public orders of the day, and are treated in the house as public bills; and petitions against them are presented to the house, and not deposited in the Private Bill Office. In 1857, the Thames Conservancy Bill, and in 1882, the Metropolis Management and Floods Prevention Bill, were introduced as private bills, on petition : but the latter was afterwards consolidated with a public bill.* In 1881, the Thames Navigation Bill was brought in as a private bill: but many objections having been raised to this course of proceeding, the bill was afterwards withdrawn, and a public bill was introduced.^ In 1874, and every succeeding year during its existence, bills for giving further powers to the Metropolitan Board of Works, and, since 1890, to its successor the London County Council (chiefly in respect of new streets and other local improvements), were intro- duced and passed as private bills.® Such bills were in the nature of private bills, and were properly so treated : but if ' Metropolitan Police Courts, 1839, 1877 ; Metropolitan Waterworks Pur- 1840; Metropolitan Sewers Bills, chase Bill, 1880; Hyde Park Corner 1 848 and 1854 ; Annoyance Juries (New Streets) Bill, 1883 ; Metropolis ("Westminster) Bill, 1861 ; Metropolis Water Supply Bill, 1891 : Watermen's Management and Buildings Act and Lightermen's Company Bill, Amendment Bills, 1875 to 1890. 1892. « 106 C. J. 191 ; 133 ib. 13 ; see * 137 0. J. 24. 132. infra, p. 696. ' 136 ib. 162. 214. » ThameaEmbankmentBills,1862, « 129 ib. 26; 130 ib. 19, &c.; 1868; Metropolis Gas Bills, 1867, London Subway, &c.. Bill, 1890; 1876 ; Metropolis Water Supply and London County Council (General Fire Prevention Bill, 1874; Metro- Powers) Bills, X890 to 1892; London politan Toll Bridges Bill, 1877; Sky Signs Bill, and London Over- Thames (Prevention of Floods) Bills, head Wires Bill, 1891. London. 636 PRIVATE BILLS. they contained powers to raise money, they were required by Chapter standing order No. 194 to be introduced as public bills, and L_ referred to a select committee, nominated by the committee of selection. In 1891, this standing order was amended by adding to it a limitation that it should not apply to bills complying with certain conditions, and standing orders 194 A to 194 E were passed ; these standing orders, becoming applicable in the session of 1892, together regulate For amend- the procedure with regard to bills promoted by the London ^^94 County Council. Their general effect is that all the ^^^ P- ^^'' ordinary bills of the London County Council are introduced as private bills, though in any special case where it might be necessary to apply for powers inconsistent with the limitations of these standing orders, the procedure should be by public bill, and that the government no longer brings in the annual money bill for the purposes of the London County Council.1 On the 9th February, 1893, the Speaker ruled that the London Owners Improvement Eate or Charge Bill should be introduced as a public bill, on the ground that the interests involved were too vast and the terms of the standing order too specific to admit of its introduction as a private bill : but on the 14th April following he ruled that the London Improvements Bill might be introduced as a private bill, inasmuch as, in view of the exceptions in standing order No. 194, the bill as a whole need not be introduced as a public bill, and the clause in it for raising further money under a new principle, i.e. " betterment," to which objection was taken, might be dealt with on a later stage of the bill.^ City of Bills concerning the City of London only have generally been private bills, having been solicited by the corporation itself, which desired special legislation affecting its own pro- perty, interests, and jurisdiction.^ Thus even the bill for establishing a police force within the city was brought in upon petition, and passed as a private bill.* And in 1863, when it was sought to repeal that Act by a public bill for » 147 C.J. 217; 263 H.D. 3 s. 1880. 1848; City Elections Bill, 1849; ^ 8 Pari. Deb. 4 s. 856 ; 11 ib. 310. Coal Duties Bill, 1851. ^ City Small Debts Bills, 1847 and * 94 C. J. 175 ; 129 ib. 83. PEIVATE BILLS. 637 Chapter the amalgamation of the city and metropolitan police, with- '. — out the required notices, the standing orders committee refused to allow the bill to be proceeded with. Prirate bills also have been solicited for the reform of the corporation itself; ^ while the goTernment have proposed public measures, in the interests of the public, for the same object.^ Again, . the corporation and others sought, by means of private bills, to improve Smithfield Market, or otherwise provide a suitable market for cattle ; ^ while the Metropolitan Cattle Market was ultimately established by a public bill, brought in by the government, but otherwise treated as a private or " hybrid " bill.* This Act, however, was amended in 1875, by a private Act ; ^ and the Metropolitan Cattle Market Bill was treated, in the same year, as a private bill.^ Other bills, again, con- cerning the City of London, but at the same time affecting public interests, and involving considerations of public policy, have been introduced and passed as public bills.' In 1864, the Weighing of Grain (Port of London) Bill was held to be properly a public bill, as affecting an extensive area, and a population of 3,000,000, and its object being to substitute weighing for measurement of grain, in conformity with a public Act of the same session, by which the duty on foreign grain was levied by weight instead of by measure.^ But in 1872, and again in 1877, private bills were passed for regulating the metage of grain in the port of London.^ In 1870, on the second reading of the Brokers (City of London) Bill, objection was taken that it ought to have been brought in as a private bill : but the deputy Speaker stated that the bill had been referred to the examiner, who had decided otherwise ; ^^ and in 1883, another bill, founded upon this ' 104 C. J. 15; 107 ib. 57; 119 minster, 1845. (There was also a H. D. 3 a. 1035. private bill in tbe same year.) Bal- 2 141 ib. 314; 154 ib. 946; 156 ib. last-beavers (Port of London), 1852; 282. Coal and "Wine Duties Continuance, » 103 C. J. 176 ; 106 ib. 26. 1861, 1863, and 1868 ; and Coal and * 106 ib. 66, &o. Wine Duties Abolition Bill, 1889, = 130 ib. 34. 336 H. D. 3 s. 701. 8 lb. 11. " 176 ib. 171. ' Coalwhippers (Port of London), " 132 C. J. 8. 1843, 1846, and 1851 ; Vend and De- " 202 H. D. 3 s. 740. livery of Coals in London and West- 638 PRIVATE BILLS. precedent, was introduced as a public bill. In 1871, the **^**' Court of Hustings (City of London) Bill, which established — a court having jurisdiction over the metropolis, was brought in as a private bill : but on notice being taken of the extent and public importance of the measure, it was withdrawn.^ In 1879, the London Bridge Approaches Bill, and the Lon- don (City) Tithes Bill ; in 1881, the London (City) Lands ' Bill; and in 1882, the Metropolitan Markets (Pish), &c.. Bills, were brought in upon petition. In 1881, and again in 1882 and 1883, the Parochial Charities (London) Bill was brought in as a public bill ; and in 1882, a bill for the same purpose was also introduced, upon petition, as a private bill.^ Edinbuigh Bills Concerning Edinburgh and Dublin have also been " ' ■ public or private, according to their objects, and the circum- stances connected with their introduction.^ The abolition of the annuity tax in Edinburgh has thus been the subject of both public* and private bills.^ In 1879, and again in 1882, the Edinburgh Municipal and Police Bill was introduced as a private bill upon petition.® The collection of rates in Dublin has also been the subject of public and private bills ; '' while legislation for the port of Dublin has gene- rally been proposed in public bills.^ In 1876, the Dublin (South) City Markets Bill was introduced and passed as a private bill.^ But in 1882, the Dublin (City) Highways Bill was brought in as a public bill, and afterwards treated asa"hybrid"bill.i'' Bill cou- In 1861, the Bed Sea and India Telegraph Bill, which goTern-* amended a private Act, was introduced and proceeded with ™^°* as a public bill, as it concerned the conditions of a govern- ment guarantee." ' H. D. 23rd March, 1871. » 107 ib. 48. ' 136 0. J. 12 ; 137 ib. 19. » 134 ib. 32 ; 137 ib. 27. » Edinburgh Courts of Justice Bill, ' 98 ib. 62; 104 ib. 342; 105 ib. 1838 ; Edinburgh and Leith Agree- 329. ment Bill, 1838, &o.; Edinburgh » 6 & 7 Will. IV. c. 117; 1 & 2 Municipality Bill, 1856 (private) ; Viet. u. 36 ; 17 & 18 Viot. c. 22. General Eegister House Bill, 1847 " 131 C. J. 69, &c. (public); Edinburgh Improvement "137ib. 75. Bill, 1876 (private), 131 ib. 286. " 116 ib. 36; Mr. Speaker Deni- ' 108 ib. 612 ; 112 ib. 298. son's Note-boot. guarantee. PRIVATE BILLS. 639 XXV, Chapter In 1856, the Passing Tolls on Shipping Bill was held to a bin . be properly a public bill. It concerned the harbours of f„^^ ^°f. Dover, Eamsgate, Whitby, and Bridlington ; abolished '">"^^- passing tolls, transferred those harbours to the Boafd of Trade, imposed rates, and repealed local Acts : but being a measure of general policy, its character was not changed by the fact that these harbours only came under its operation. And again, the Harbours Bill, in 1861, affected the same four harbours, and the local Acts under which they were administered, but otherwise dealt with so many matters of general legislation, as to be unquestionably a measure of public policy.^ In 1875, the Dover Pier and Harbour Bill, promoted by the government for public objects, was introduced as a public bill, but was proceeded with as a" hybrid "bill.2 In 1873, a public bill was introduced, for the protection a bill and preservation of certain ancient, monuments, in various puwic"^ parts of the country, the monuments in question being ™°°"- enumerated in the schedule to the bill. Objections were raised that, as the bill affected the property of persons upon whose lands those monuments were situated, it should have been brought in as a private bill: but its nature and objects were obviously of a public character, and it concerned too many counties and localities to be treated as a private bill; nor were any of its objects such as are contemplated by the standing orders, or referred to in them.* Bills relating to the administration of justice, and other Adminis- public jurisdictions, have often been treated as public bills : * ^^^^°^ °^ • 24 & 25 Vict. 0. 47. Quarter Sessions and Gaol Bill, 1865, 2 130 0. J. 74. 28 & 29 Vict. o. 8 ; Sussex County 2 See 218 H. D. 3 s. 574 ; 223 ib. Business and Quarter Sessions Act, 879. 1865, 28 & 29 Viot. u. 37; Chester * King's CountyAsBizes Bill, 1832; Courts Bill, 1867, 80 & 31 Vict. o. Dublin Sessions Acts, 6 & 7 Vict. 36; Glasgow Boundary Bill, 1871; c. 81 ; Buckingham Summer Assizes Bath Prison Bill, 1871. The Belfast Bill, 1849; Newgate Gaol (Dublin) Municipal Boundaries Bill, 1853, Bill, 1849"; Sheriff and Commissary was brought in as a public bill, but Courts (Berwickshire) Bill, 1853; was otherwise treated as a private Cinque Ports Acts, 18 & 19 Vict. bill. County of Hertford and Liberty c. 48 ; 20 & 21 Viot. o. 1 ; Falmouth of St. Alban's Bill, 1874. 640 PEIVATB BILLS. but ordinarily they haye been solicited, by the promoters, as *i|^*" private bills. In 1868, exception was taken to the Salford Hundred and Manchester Courts of Record Bill, on the ground that it ought to have been introduced as a public bill : but it was shown by the chairman of ways and means that the rules and precedents of the house justified its introduction as a private bill.^ Public In 1839, three measures were passed, as public bills, for tration. improving the police in Manchester, Birmingham, and Bolton,^ the provisions being compulsory upon those towns, in the interest of public order, and the chief commissioners of police being appointed by the Crown.^ In 1854, the Manchester Education Bill was introduced as a private bill : but on the second reading, an amendment was carried, de- claring the subject to be one which ought not, at the present time, to be dealt with by any private bill.* In 1865, a private bill was brought in to alter the licensing system at Liverpool. It was objected that as this bill proposed to deal with the public revenues, it ought not to have been introduced as a private bill: but as the bill was strictly local, and the clauses relating to licence duties were printed in italics, and reserved for the consideration of a committee of the whole house, it was held that the bill was not open to any technical objection requiring its withdrawal.® But on the second reading, an amendment was carried that the granting of licences for the sale of intoxicating liquors is a subject which ought not, at present, to be dealt with by any private bill.^ Bills relating to the sale of intoxicating liquors on Sunday, in particular counties, have been introduced and treated as public bills.'' Religious In 1871, a biU for regulating the management of certain tieT.'"^°'' trust properties of the Presbyterian Church of Ireland was introduced into the House of Lords as a private bill : but objection being taken to legislation upon such a subject by ' H. D. lOth March, 1868. * 177 H. D. 3 s. 651. 'i 2 & 3 Viot. CO. 87. 88. 95. " 120 C. J. 92. ' H. D. 9th August, 1839. '■ ' Cornwall, 1882 and 1883 ; Dur- ■* See also Victoria University Bill, ham, Yorkshire, Isle of Wight, 1888, 143 C. J. 129. Northumberland, 1883. PRIVATE BILLS. 641 Chapter means of a private bill, the bill was withdrawn, and a public ^^^' bill for effecting the same object was passed by both houses.^ And, in the same session, the like proceedings occurred in the case of a bill to regulate the proceedings and powers of the Primitive Wesley an Methodist Society of Ireland. In 1848i the Farmers' Estate Society (Ireland) Bill other bills, having been brought in upon petition, the committee on the bill reported that the matter was so important that it ought to be dealt with as a public bill.^ In 1888, the Keble College Bill was thrown out on third reading, on the ground that it was inexpedient to amend the general law of mortmain by a private bill ; and in the same year, a bill to exempt the Victoria University from the Mortmain Act, and to give to it the power of conferring degrees, was brought in as a public bill. The distinction between two bills, of apparently the same Church character, is sometimes sufficient to constitute one a public, P''°P°^ ^■ and the other a private, bill. Thus, in 1855, the Carlisle Canonries Bill, which suspended the appointment to the next vacant canonry, and directed the ecclesiastical com- missioners to pay the income to the augmentation of certain livings at Carlisle, was treated as a public bill ; as it related to the ecclesiastical commissioners, — a public body holding certain church funds in trust for public purposes prescribed by law, and merely diverted the application of some of these funds from. one purpose to another.^ On the other hand, the South Shields Parochial Districts Bill was held to be a private bill, as it sought to appropriate to local purposes, viz. the increase of certain small livings at South Shields, a sum of 15,O0OZ., to which the dean and chapter of Durham had become entitled, by the sale of lands for the execution of certain public works.* In 1871, the Eock of Cashel Bill was brought in as a public bill, vesting that rock, and the buildings and ruins thereon, in trustees. ' 204 H. D. 3 s. 1968. * See also Burnley Eeotory Bill, ' 103 0. J. 782. 1890 ; Hanover Chapel Bill, and ' See also Newcastle Chapter Bill, Handsworth (Staffordshire) Eeotory 1884, 139 ib. 342. Bill, 1891. P. 2 T 642 PEIVATB BILLS. Being referred to the examiners, it was held to be a private Chapter bill. But in the following year, another bill, for the same '__ objects, but empowering the church temporalities com- missioners, and the secretary to the commissioners of public works in Ireland, with the consent of the lord-lieutenant, to transfer and assign the rock and buildings to trustees, was held to be a public bill, as it merely sought powers for public bodies, already having a statutory interest in the property. In 1873, exception was taken to the Union of Benefices Bill having been introduced as a public bill, on the ground that it amended the Union of Benefices Act, 23 & 24 Vict. c. 140, as to the city of London : but it was held ProTisional to be properly a public bill.^ Particular classes of local order i s. ]^^Y[s, such as bills for the confirmation of provisional orders, which are otherwise treated under the practice applicable to private bills, are directed, by statute, to be deemed public bills (see p. 650). Bills brought in by the government for carrying out national works or other local purposes, or affecting Crown property, are introduced as public bills, and subsequently treated as hybrid bills.^ But a bill, commenced as a private bill, cannot be taken up and proceeded with as a public bill. In 1865, the pro- moters of the Middlesex Industrial Schools Bill, dissatisfied with some amendments relative to Koman Catholic chaplains, made in committee, determined to abandon it ; whereupon Mr. Pope Hennessy gave notice that he should proceed with it as a public bill : but it was held that such a proceeding would be irregular, and was not persisted in.^ Turkish In 1877, notices were given of a private bill for settling '''^°^- a scheme of arrangement for the Turkish loans of 1854, 1855, and 1871 : but its subject was obviously not one to be dealt with by a private bill, and it was not proceeded with. Repeal of It has been questioned whether a public Act may properly by^'privatf be repealed or amended by a private bill ; and undoubtedly ' ^' > 214 H. D, 3 s. 282. Streets) Bills, 1883, 1884, 1886 ; ^ Public Offices Site, 1882 ; Forest Dublin Barracks Improvement Bill, of Dean Highways, New Forest 1892. Highways, Isle of VFight Highways ^ Mr. Speaker Denison's Note- Bills, 1883 ; Hyde Park Corner (New book. PRIVATE BILLS. 643 Chapter such provisions demand peculiar vigilance, lest public laws '- — be lightly set aside for the benefit of particular persons or places. But no rule has been established which precludes the promoters of private bills from seeking the repeal or amendment of public Acts; and there are precedents in which this course has been sanctioned by Parliament. For example, in 1832, after the Bristol riots, a bill was passed to provide compensation for the damage suffered by many of the inhabitants, under which the public Act 7 & 8 Geo. IV. c. 31, was amended in reference to that city.^ Again, in 1864, the City of London Tithes Act repealed a public Act of Henry VIII. ; and on the 18th July, 1864, objection beijig taken, on the third reading of the Metropolitan District Eailways Bill, that the Thames Embankment Act (a public or hybrid Act) was amended by the bill, the Speaker ruled that no such objection, in point of order, could be sustained.^ On the 28th February, 1887, the Dover Harbour (Corporation) Bill was read a second time, notwithstanding the objection that it repealed the Dover Harbour (Public) Act of 1861.^ With regard to Acts passed prior to 1798, when the divi- Public and sion of local and personal Acts was first introduced into the ActTprior statute-book, it is difScult to determine whether Acts were, '" ^''^^■ in fact, public or private, the only Acts included in the latter category being estate, divorce, naturalization, and other Acts of a personal character, while Acts for the making of roads, bridges, harbours, and other local improve- ments, which are now comprehended in the local and personal Acts, are found printed indiscriminately with other public Acts. These are eliminated from the revised edition of the statutes recently completed by the statute law committee. And, since 1868, public Acts of a local character have been printed with the local Acts of each year. In treating of petitions, tlie origin of private bills has been Origin of already glanced at (see p. 494) : but it may be referred to llih. ^ ' 2 & 3 Will. IV. c. Ixxxviii. (local on second reading of Brokers' Bonds and personal). (City of London) Bill, 176 ib. 408. ' 176 H. D. 3 s. 1619. But see ' 311 H. D. (Lords) 3 s. 656. 668. debate in Lords, 28th June, 1864, 644 PRIVATE BILLS. again, in illustration of the distinctive character of such chapter bills, and of the proceedings of Parliament in passing them. _ The separation of legislative and judicial functions is a refinement in the principles of political government and jurisprudence, which can only be the result of an advanced civilization. In the early constitution of Parliament these functions were confounded ; and special laws for the benefit of private parties, and judicial decrees for the redress of private wrongs, being founded alike upon petitions, were not distinguished in principle or in form. When petitions sought obviously for remedies which the common law afforded, the parties were referred to the ordinary tribunals : but in other cases. Parliament exercised a remedial juris- diction. Other remedies of a more judicial character, and founded upon more settled principles, were at length supplied by the courts of equity ; and from the reign of Henry IV., the petitions addressed to Parliament prayed, more distinctly, for peculiar powers beside the general law of the land, and for the special benefit of the petitioners. Whenever these were granted, the orders of Parliament, in whatever form they may have been expressed, were in the nature of private Acts ; and after the mode of legislating by bill and statute had grown up in the reign of Henry VI. (see p. 434), these special enactments were embodied in the form of distinct statutes.^ Peculiarity Passing now to existing practice, the proceedings of Par- "ngs™n'^ liament, in passing private bills, are still marked by much billT** peculiarity. A bill for the particular benefit of certain persons may be injurious to others; and to discriminate between the conflicting interests of different parties involves the exercise of judicial inquiry and determination. This circumstance causes important distinctions in the mode of passing public and private bills, and in the principles by which Parliament is guided. Legislative In passing public bills, Parliament acts strictly in its ofptl°°a- legislative capacity: it originates the measures which mentin appear for the public good, it conducts inquiries, when public bills, necessary, for its own information, and enacts laws according • See Statutes of the Kealm, by Eeeord Commission, 9 Henry VI. XXV. PEIVATE BILLS. 645 *xxv*' to its own wisdom and judgment. The forms in which its deliberations are conducted are established for public con- venience; and all its proceedings are independent of individual parties, who may petition, indeed, and are some- times heard by counsel, but who have no direct participation in the conduct of the business, or immediate influence upon the judgment of Parliament. In passing private bills. Parliament still exercises its legis- Its funo- lative functions, but its proceedings partake also of a judicial pa™uy jy. character. The persons whose private interests are to be '^'"*' '" * "^ passing promoted appear as suitors for the bill ; while those who private , , . . n ■ 1 , . . , . bills. apprehend injury are admitted as adverse parties mthe suit. Many of the formalities of a court of justice are maintained; various conditions are required to be observed, and their observance to be strictly proved ; and if the parties do not sustain the bill in its progress, by following every regulation and form prescribed, it is not forwarded by the house in which it is pending. If they abandon it, and no other parties undertake its support,^ the bill is lost, however sensible the house may be of its value. The analogy which all these circumstances bear to the proceedings of a court of justice, is further supported by the payment of fees, which is required of every party promoting or opposing a private bill, or petitioning for or opposing any particular provision. It may be added that the solicitation of a bill in Parliament Suitors has been regarded, by courts of equity, so completely in the by inj'uno- same light as an ordinary suit, that the promoters have been '^''°- restrained, by injunction, from proceeding with a bill, the object of which was held to be to set aside a covenant ; ^ or ' The Manohester and Salford Im- commissioners, under their corporate provement Bill, in 1828, was aban- seal, had withdrawn from its pro- doned in committee, by its original motion, refused to allow them to promoters; when its opponents, proceed with it, as individual peti- having succeeded in introducing cer- tioners. In the Horncastle Gas Bill, tain amendments, undertook to so- 1876, the promoters and opponents licit its further progress. But in the agreed in soliciting the bill in an Cork Butter Market Bill, the com- amended form. Minutes of Com- mittee would not allow this course mittee. to be taken, Minutes, 1859, iii. 8i. ^ North Staffordshire Railway And, in 1873, the committee on the Co., 1850 ; Stockton, &c., Eailway Kingstown Township Bill, after the Co. v. Leeds and Thirsk and Clarence 646 PRIVATE BILLS. which was promoted by a public body, in evasion of the Chapter Towns Improvement Act, 1847.^ Parties have also been L restrained, in the same manner, from appearing as petitioners against a private bill pending in the House of Lords.^ Such injunctions have been justified on the ground that they act upon the person of the suitor, and not upon the jurisdiction of Parliament ; which would clearly be otherwise in the case of a public bill. And acting upon the same principles. Par- liament has obliged a railway company, under penalty of a suspension of its dividends, to apply in the next session for a bill to authorize the construction of a line of railway which the company had pledged itself to make, and in good faith to promote it.* Principles This union of the judicial and legislative functions is not Pai-iiament Confined to the forms of procedure, but is an important prin- is guided, cipie in the inquiries and decision of Parliament, upon the merits of private bills. As a court, it inquires into, and adjudicates upon, the interests of private parties ; as a legis- lature, it is watchful over the interests of the public. The promoters of a bill may prove, beyond a doubt, that their own interest will be advanced by its success, and no one may complain of injury or urge any specific objection ; yet, if Parliament apprehends that it will be hurtful to the community, it is rejected as if it were a public measure, or qualified by restrictive enactments, not solicited by the parties. In order to increase the vigilance of Parliament, in protecting the public interests, the chairman of the Lords' Railway Companies ; 5 Eailway and justified by the circumstances of the Canal Oases, 691. On the 27th May, case, while they acknowledged the 1869, the directors of the London, authority of the court to make such Chatham, and Dover Eailway Com- an order, if the occasion should war- pany were restrained by Vice-Chan- rant it, 5 Chancery Appeals, 671. cellor Stuart from further promoting ' Kingstown Township Bill, 1873 ; a bill, which had already passed the see also p. 779. Commons, and had been read a first ' Hartlepool Junction Eailway, time in the House of Lords, and 100 H. D. 3 s. 784. from using the seal of the company ' South Western Eailway, Capital for any such or the like purpose and Works Act, 1855, 18 & 19 Vict. {Times, 28th May, 1869). But on c. clxxxviii. ss. 62-69 ; see also Sup- the 31st May, the lords justices dis- plement to Votes, 1853, p. 945 ; ib. charged this order as not being 1855, p. 251. PBTVATE BILLS. 647 ''^^'er committees in one house, and tlie chairman of ways and - means in the other, are entrusted with the peculiar care of unopposed bills, and with a general revision of all other private bills ; while the agency of the government depart- ments is also applied in aid of the legislature (see p. 722). In pointing out this peculiarity in private bills, it must. Private however, be understood that, while they are examined and through" contested before committees and officers of the house, like ^^^ ^^"° ' stages. private suits, and are subject to notices, forms, and intervals, unusual in other bills; yet in every separate stage, when they come before either house, they are treated precisely as if they were public bills. They are read as many times, and similar questions are put, except when any proceeding is specially directed by the standing orders ; and the same rules of debate and procedure are maintained throughout. In order to explain clearly all the forms and proceedings Proposed to be observed in passing private bills, it is proposed to describino' state them, as nearly as possible, in the order in which they *''' P''"- successively arise. It will be convenient, for this purpose, private to begin with the House of Commons, because, by the privi- leges of that house, every bill which involves any pecuniary charge or burthen on the people, by way of tax, rate, toll, or duty, ought to be first brought into that house (see p. 542). It has followed from this rule that by far the greater number of private bills have hitherto, from their character, necessarily been passed first by the Commons. But the Com- mons, by standing order No. 226 have now resolved, " That this house will not insist on its privileges, with regard to any clauses in private bills, or in bills to confirm any provisional orders or provisional certificates, sent down from the House of Lords, which refer to tolls and charges for services performed, and are not in the nature of a tax, or which refer to rates assessed and levied by local authorities for local purposes" (see p. 547). And this resolution has been held to extend to turnpike, harbour, drainage, and other similar bills.-' But it has been ruled not to extend to ^ Reading and Hatfield Koad Bill, Melton Mowbray Navigation Bill, 1858; Wexford Harbour Bill, 1861; 1877; DeameValley Water Bill, 1880. 648 GENERAL ACTS. clauses in an improvement bill, imposing a tax upon all Chapter insurance companies having policies upon houses within the borough. On the 8th May, 1873, the Speaker called atten- tion to clauses of this character in the Bradford Improvement Bill: but "as the promoters were not responsible for the introduction of the bill into the other house, and had signified their intention to withdraw these clauses, he sub- mitted to the house that this course would be sufficient, under the circumstances, to repair the irregularity." And upon this condition the bill was allowed to proceed. This relaxation of the privileges of the Commons enables the promoters of many bills which must previously have been brought first into the Commons, to solicit them in the House of Lords, in the first instance, if they think fit ; and provision having been made, in 1858, for introducing, by arrangement, such bills into the Lords, as may be conveniently under- taken by that house (see p. 722), Parliament has been able to ensure a more equal distribution of the private business of the session between the two houses. It will be more convenient, however, to pursue this description of bills in their progress through the Commons, and afterwards to follow them in their passage through the Lords. Those private bills which have usually originated in the Lords, as naturalization, name, estate, and divorce bills, will, for the same reasons, be more conveniently followed from the Lords to the Commons. Private But before these classes of private bills aremore particularly superseded described, it will be necessary to advert to an important by public principle of modern legislation, by which special applications to Parliament for private Acts have, in numerous cases, been superseded by general laws. A private Act is an exception from the general law ; and powers are sought by its promoters, which cannot be otherwise exercised, and which no other authority is able to confer. It is obvious, however, that the public laws of a country should be as comprehensive as may be consistent with the rights of private property ; and it has accordingly been the policy of the legislature to enable parties to avail themselves of the provisions of public Acts, adapted GENERAL ACTS. 649 Chapter to different classes of objects, instead of requiring them to '. apply to Parliament for special powers in each particular case. This policy has been carried out, not only by the amendment of the general law for the benefit of particular interests as above described, but also by extending in this direction the powers of administration of the government departments, and especially by the establishment of the system whereby these departments are authorized to grant provisional orders, which in effect are private bills, and, when confirmed by Parliament, become the law of the land. The following are some of the principal statutes relating General to matters which formerly have been the subjects of^jg*^^™^' private Acts of Parliament, viz. the Tithe Commutation Acts, the Acts for the enfranchisement of copyholds, the Joint- Stock Companies Acts, the Acts for the regulation and management of railway companies, the Settled Estates and Settled Land Acts, the Acts relating to entail in Scot- land, the Towns Improvement (Ireland) Act, the Incum- bered Estates Act in Ireland, the Endowed Schools Acts, the Naturalization Act, the Divorce and Matrimonial Causes Acts, the Education Acts, the Municipal Corporation Acts, the Local Government Acts for England and Wales and Scotland. The greater number of these statutes have been passed in the present reign, and they sufficiently show the progress which has been made in this department of legis- lation. The statutes which authorize the grant of provisional orders and certificates by government departments, and more directly affect the practice of Parliament, are the most important to this work, and will be the subject of the ensuing chapter. By many of these statutes, the government departments are also invested with large powers of administration, in addition to their powers by provisional order, thus further showing the amendment of the general law in matters which otherwise would have been the subject of special legislation. 650 PROVISIONAL OEDBES. CHAPTBE XXVI. Chapter XXVI. PROVISIONAL OEDEES, OEETIFICATES, &0. ; AND THE Table of Contents, ACTS UNDEE WHICH THEY AEE GEANTED. ^ge p. xxxviii. Provisional The System of legislation by Provisional Order, which pariil-' ^^^ ^^ ^**® years been greatly extended, gives facilities to mentaiy parties personally or locally interested to deal with a variety procedure. •■'■•'•' •' of different subjects which otherwise would have been proceeded with by private bill. Upon the application of parties interested, several of the government departments are enabled, under various Acts of Parliament, to grant Provisional Orders which, in effect, are private bills. These orders are scheduled to a public bill, brought in by the government department, which declares the expediency of their confirmation, and in this form they are submitted to Parliament for consideration. The confirming bill, being a public bill, is brought in on motion ; and, prior to its intro- duction, Parliament takes no cognizance of a Provisional Order, as the standing orders made for the conduct of private business preliminary to the proceedings in Parlia- ment, are, with the exceptions hereinafter mentioned (see p. 705), not applicable to a Provisional Order. Those Further interests, however, which are protected by the standing ^™p^*"3* orders, in the case of a private bill, do not suffer j for in this msioml Orders and respect the government department takes the place or Certificates, Parliament, and imposes on the promoters of a Provisional and^hap. ' Order the observance of rules and regulations similar in^^^'"- nature and effect to the standing orders, relating to notice by advertisement of the objects of the Order, notice to owners and occupiers, deposit of documents, consents, and other matters, which are laid down by the provisions of the enabling Acts, or made by the department. An important feature in the procedure, and peculiar to the Provisional Order, is the provision in these enabling Acts for a previous inquiry into the merits of the case sub- mitted to the government department for approval. This PROVISIONAL OKDEBS. 661 Chapter inquiry is obligatory on some of the departments, if it be '_ deemed advisable to proceed with the case ; while with others the inquiry is only held if it be thought expedient. The inquiry is usually public, and held in the locality affected by the proposed order, after due notice, by an officer of the department, or other properly qualified person, who makes a report on the case to the department. These preliminary proceedings in provisional legislation, being distinctly departmental and apart from the practice of Parliament, will not be noticed in detail. Parties pro- posing to proceed by Provisional Order learn the necessary procedure by reference to the special provisions of the enabling Act, and to the instructions issued by the govern- ment department empowered to deal with the particular subject in which they are interested. It is proposed, in this chapter, to mention the statutes under which each govern- ment department is enabled to issue Provisional Orders, and to state briefly the purposes for which they are available, and who the parties are on whose application they are granted. The promoters of a Provisional Order, but not S. 0. 151. the opponents of it, are exempt from the fees chargeable on private bills. Certain expenses are incurred, including, in some cases, fees, in carrying the Orders through the government departments. The departments above referred to are the Home Office, Board of Trade, Local Government Board, Board of Agri- culture, Education Department, the Committee of the Privy Council, Post Office, "War Office, and the Charity Commis- sion, the Department of the Secretary for Scotland, the Lord-Lieutenant of Ireland in Council, the Local Govern- ment Board, Office of Public Works, and the National Edu- cation Department in Ireland. County Councils in England and "Wales, and the Local Authority in any burgh or county in Scotland, are also empowered to issue Provisional Orders. The improvement of the dwellings of the working classes. Home Office and of the sanitary condition of populous places, has been g" vera-* the subject of numerous Acts of Parliament, which have ™™^^^ been repealed and their provisions amended and consoli- 652 PEOVISIONAL ORDERS. HomeOffice dated by the Act of 53 & 54 Vict. c. 70, applying to the Chapter Govern- United Kingdom. Under the provisions of this Act, Pro- L ^^^j visional Orders may be granted for authorizing a scheme Dweiihi s ^°^ (*) *^® improvement of unhealthy areas in a crowded of the district by the rearrangement and reconstruction of streets Classes, &c. (Part I.) ; for (6) the improvement of lesser areas of the same description by the same means (Part II.) ; for (e) the modification of an authorized scheme for either of these purposes, if the modification involves a larger expenditure, or the taking of land compulsorily, or affects injuriously other property without consent ; and for (d) the acquisition of land for additional accommodation for the housing of the working classes (Part III.). The Local Authority is enabled to make a scheme for either of the two former purposes (a and h), based upon petition to the Secretary of State for the Home Depart- ment or to the Local Government Board, as the case may be. On their approval, the scheme, either absolutely, or with modifications so that there be no addition to the land to be compulsorily taken, is embodied in a Provisional Order for putting in force the compulsory powers for the purchase of land of the Lands Clauses Consolidation Acts, and otherwise for the execution of the scheme. If the scheme relates to Part I., and to the county or city of London, the Order is granted by the Home Office. If the scheme relates to Part I. or II., and to England and Wales, or to Part II. in the Metropolis, it is granted by the Local Government Board. An order, however, under Part II., if not petitioned against by an owner within a certain period fixed by the Act, comes int operation without con- firmation by Parliament. So also for the purpose (d) (Part III.), these compulsory powers may, by the application of sees. 175 to 178 of the Public Health Act, 1875, be put in force by the Home Office for the Metropolis, and by the Local Government Board for England and Wales, if the part of the Act for providing lodging-houses for the working classes has been adopted by the Local Authority. The London County Council and the Commissioners of PEOVISIONAL ORDERS. 653 ^^^^^ Sewers for the City are respectively the Local Authority Home XXVI. n , . 1 i. •! 1 OfBce lor this purpose, and also for the larger scheme of improve- — ' ment (a) (Part I.) for the Metropolis ; whilst the vestry or district board of works is the Local Authority for the smaller purpose (h) (Part II.), for which the London County Council is, under certain circumstances, also empowered to act. For elsewhere throughout England and Wales the urban sanitary authority is, for the purposes of the whole Act, the Local Authority, and, for Parts 11. and III., the rural sanitary authority. The Home OfiSce is also enabled, under the following Acts, to grant Provisional Orders for the purposes hereinafter enumerated : — I. Under the Explosives Act, 1875,^ for the repeal or Explosive alteration of any local Act, charter, or custom by which powers are conferred on any Local Authority respecting the manufacture of, or other matters in relation to, explosive substances, on the application of any Local Authority, borough council, or urban sanitary authority, or of any persons dealing in any way with explosives within the jurisdiction of these authorities, due notice being given to the latter by the department. A like Order may also be made for revoking or altering the Provisional Order above described. The Act applies to the United Kingdom, but is administered in Scotland by the Secretary for Scotland. II. Under the Metropolitan Police Act, 1886 ; ^ on the Metropoli- application of the receiver for the metropolitan police, for the compulsory purchase of land under the Lands Clauses Consolidation Acts in order to provide sites for police buildings. III. Under the Police Act, 1890,® Provisional Orders may Police. be granted for authorizing (a) the application of any excess over liabilities of a pension fund for such purposes as it may seem expedient; (h) the discontinuance of further investments of capital by reason of a pension fund being sufficient to meet its liabilities, on the application of the 1 38 Viot. 0. 17, 3. 103. = 53 & 54 Viot. c. 45, s. 22. 2 49 Viot. 0. 22, s. 4. Trade. Harbours. 654 PEOVISIONAIi OBDEES. " police authority " as defined by the Act ; and (c) to pro- dapter vide for the adjustment of financial relations between a police force and a special force, i.e. a fire brigade or other like force, in the same police area, as regards the payment of pensions, &c., provided for both forces by a local Act, and also to apply, with or without modification, the provisions of the Police Act to the special force. The application for this latter order is to be made by the authority controlling the special force. The Act extends to England and Wales. Board of The Board of Trade is invested under the following Acts with large and extensive powers in the granting of Pro- visional Orders and Certificates, namely : — Piers and I. Under the General Pier and Harbours Acts, 1861 and 1862,^ Provisional Orders may be granted, on the applica- tion of persons desirous of constructing such works, for the formation, management, and maintenance of piers and harbours throughout the United Kingdom (except parts of the Eivers Thames, Mersey, Clyde, Wear, Humber, and Tyne), the estimated expenditure on which shall not exceed lOOjOOOZ. ; for the election or appointment of commissioners as undertakers ; the incorporation of a company ; the making of bye-laws by the undertakers ; the taking of land on lease ; the levying of rates ; and the borrowing of money on the security of the rates. II. Under the Merchant Shipping Amendment Act, 1862,^ and the Merchant Shipping (Pilotage) Act, 1889 ; * on the application of persons interested in the pilotage of a district, or in the operation of the laws regulating it ; for the transfer of the whole or part of a pilotage jurisdiction from one port to another, and the consequent arrangements for the constitution of new pilotage authorities ; and for the extension of the limits of existing ones, on the condition that in the new district there be no compulsory pilotage, and no restriction placed on the power of duly qualified persons to obtain licences ; for the grant of licences ; and • 24 & 25 Vict. 0. 145; 25 & 26 "^ 25 & 26 Viet. i;. 63, B. 39. Vict. c. 19. ' 52 & 53 Vict. c. 68. PROVISIONAL OKDEES. 655 ^*Pji' the direct representation of pilots and shipowners on the Board of pilotage authority of any district. These Acts apply to the — ' United Kingdom. III. Under the Sea Fisheries Acts, 1868 ^ and 1884 ; ^ for Sea the establishment or improvement, and for the maintenance and regulation of an oyster, mussel, and cockle fishery on the seashore, in England and Wales, including, if desirable, the constitution of a body corporate for the purpose of the Order ; on the application to the Board of any person desirous of obtaining such an Order ; and for amending any such Order which has been previously granted and conferred by Parliament. IV. Under the Sea Fisheries (Clam and Bait) Act, 1881,^ Provisional Orders may be granted when the Board are satisfied that the unrestricted use of beam trawls for sea fishing is injurious to any clam or other bait beds, — for its restriction or prohibition. The application for the Order may be made by any person representing the fishermen of the locality, or, if they appear to the Board to be interested in the fisheries, by the justices of the peace in general or quarter sessions, in Scotland by the commissioners of supply, by urban or rural sanitary authorities, or by owners or the authorities of any harbour ; and the Order may be repealed or amended by the provisions of an Order made under the Sea Fisheries Act, 1868. Orders made under these Acts either limited to the grant of a right of fishery for a period not exceeding twenty-one years, over an area not exceeding five acres, or amending a previous Order, without extending the area, may, if unopposed, be confirmed by an Order in Council, and the sanction of Parliament be dis- pensed with ; and these Orders may also, by Order in Council, be wholly or partially cancelled on the representation of the Board of Trade. V. Under the Gas and Water Facilities Act, 1870,* and Gas and the Gas and Water Facilities Amendment Act, 1873;^ « 31 & 32 Vict. c. 45, s. 29, et seq. < 33 & 34 Viet. c. 70. 2 47 & 48 Vict. c. 27. = 36 & 37 Vict. ^. 89, s. 12. ' 44 Vict. 0. 11. 656 PROYISIONAL OEDEKS. Board of Trade. (a) for the construction and maintenance of gas or water- works, tlie condition precedent being that in either case - there be not an existing supply of gas or water by a company or person authorized by Parliament within the proposed district ; (h) for raising additional capital for these purposes ; (e) for authorizing agreements between companies or persons for the joint supply of gas or water, and for the amalgama- tion of such undertakings. The Act applies to the United Kingdom excepting the Metropolis. The Act of 1873, inter alia, enables the Board to amend or wholly or partially to revoke by Provisional Order any Order made under the first- mentioned Act. Tramways. VI. Under the Tramways Act, 1870 ; ^ for authorizing the construction of tramways in any district in England and Wales on the application of (a) the Local Authority of such district, subject, however, to the special approval of the application by a majority of its members in manner pre- scribed by the Act ; ^ and (h) any person, cbrporation, or company, with the consent of the Local or Eoad Authority : but this consent may be dispensed with if the Board be satisfied, after inquiry, that two-thirds of the proposed tram- way is to be laid in districts where these authorities consent to its construction. VII. Under the Salmon Fishery Act, 1873 ; » upon the application of a board of conservators of any salmon river in England and Wales, for putting in force the compulsory powers of the Lands Clauses Consolidation Acts; for the purchase of and subsequent removal of any weir or other artificial obstruction hindering the passage of fish, not being a weir constructed under Act of Parliament for the purposes of navigation or of a supply of water to a town. This power, together with all the other powers of the Home Of&ce under the Salmon and Freshwater Fisheries Acts, was transferred to the Board of Trade in 1886.* VIII Under the Electric Lighting Act, 1882 ;« for Chapter XXVI. Salmon Fisheries. Electric Lighting. 1 33 & 34 Vict. 0. 78, s. 4. ^ lb. sohed. A. part ill. 5 36 & 37 Vict. 0. 71, 8. 49. * 49 & 50 Vict. c. 39. » 45 & 46 Vict. 0. 56 (U. K.). PROVISIONAL OEDBES. 657 Chapter authorizing any Local Authority, company, or persons to Board of — supply electricity for any public or private purposes within — ' any area, for such period limited or unlimited as the Board may think proper. By the amending Act of 1888,^ the consent of the Local Authority of any district in which such supply is proposed, is required, unless the Board be of opinion that this consent ought to be dispensed with, and make a special report to Parliament of the grounds on which they have so decided. The latter Act contains a reservation that the grant to supply electricity to any area should not hinder or restrict the granting of a licence or Provisional Order to the Local Authority or others within the same area. IX. Under the Railway and Canal Traffic Act, 1888,^ Railway Provisional Orders may be granted for fixing railway rates Traffic. for merchandise. Every railway company is directed by the Act to submit [to the Board of Trade a revised classi- fication of merchandise traffic, and a revised schedule of maximum rates, including terminal charges, and these are embodied in a Provisional Order (of which the railway company shall be deemed the promoters), if the Board, after hearing all the parties whom they consider entitled to be heard on the subject, come to an agreement with the railway company ; and the Board make a report thereon to Parlia- ment. The Board, in case of failure on the part of the railway company to submitthis classification and schedule within the prescribed time, or of their inability to agree with the company, are empowered to determine the classification and schedule of maximum rates which ought to be adopted by the railway company, making a report to Parliament in support of their decision ; and the Act provides that, after the presentation of this report, on the application of the railway company to the Board to submit the question to Parliament, " the Board shall, . . . and in any case may, embody" in a Provisional Order the classification and schedule which in their opinion ought to be adopted by the railway company. It may be assumed that in this case the • 51 & 52 Viot. 0. 12. See also 53 in Scotland. & 54 Vict. 0. 13 as to local authority = lb. o. 25, s. 24. r. 2 U 658 PROVISIONAL CEETIFICATES. Board of railway company would be the opponents of the Order when, Chapter Tj-ade. following the ordinary course, it is referred to a committee for consideration. At any time after the confirmation of the Order, at the instance of any railway company or of any person giving twenty-one days' notice to the railway company, the Board has the power of making amendments in it, and these amendments take effect after publication in the Gazette. Raihyays In addition to the Provisional Orders already mentioned, Ceitifi- the Board of Trade is empowered to grant Provisional cates. Certificates for matters relating to railways, in pursuance of several statutes presently to be mentioned. A Provisional Certificate is similar to a Provisional Order, its purpose being to facilitate and simplify legislation in matters other- wise the subject of a private bill, but, if it be unopposed, the proceedings are simpler than those applying to Provisional Orders. The promoters address the Board by memorial, and they propose a draft Certificate, which the Board, if it thinks fit, settles and lays before both houses of Parlia- ment, and if neither house, within six weeks afterwards, resolve that the certificate ought not to be made, the Board may make and issue the Certificate, which is published in the Gazette, and thereafter has the same force and operation as if expressly enacted by Parliament. If, however, there be opposition from a railway or canal company affected by the Certificate, notice of such must be lodged at the OfBce of the Board of Trade, within the period prescribed by an Act of 1870,^ and the Certificate, scheduled to a public bill, is submitted to Parliament for confirmation, and thereafter treated in the same manner as an opposed Provisional Order. These Certificates may be granted by the Board under the following Acts : — X. The Eailway Companies Powers Act, 1864,^ for enabling railway companies (a) to enter into working agreements inter se ; (b) to extend the time for the sale of their superfluous lands ; (c) to raise additional capital ; and, by the Regulation of Railways Act, 1868,^ for making ' 33 & 34 Vict. 0. 19. ' 30 & 31 Vict. c. 119, s. 38. 2 27 & 28 Vict. 0, 120. XXVI. .PROVISIONAL 0EDEE3. 659 Chapter provision as to general meetings, the right of voting by !_ shareholders, the appointment, number, and rotation of directors, their powers, proceedings, and liabilities, and the appointment and duties of auditors. XI, And under the Kailways Construction Facilities Act, 1864 ; ^ (a) for the construction of railways (the purchase of the land being first contracted for, and all landowners and other parties beneficially interested consenting) ; (&) for the deviation of existing railways, or railways in course of con- struction ; (c) for the execution of new works connected with existing railways ; and (d) for the incorporation of a company for the purposes of the Act. By an Act of 1871,^ the Local Grovernment Board was Local established, to which were transferred the powers and duties men""' of the Poor Law Board, and of the Home Office and Privy Board. Council, concerning the public health and local government. Under the Public Health Act, 1848, the Local Government Act, 1858, the Public Health Act, 1872, and the Sanitary Amendment Act, 1874, and other Acts amending the same (called the Sanitary Acts), large powers of provisional legis- lation were authorized. These Acts have been wholly or partially repealed, and their provisions consolidated in the Public Health Act, 1875.^ Beginning with this Act, which is the authority for their most important duties, the Local Government Board is empowered to grant Provisional Orders for places in England and Wales, except the Metropolis,* under the following Acts, namely : — I. Under the Public Health Act, 1875, Provisional Orders Local Go- may be granted : (1) For wholly or partially repealing, IncTsanl altering, or amending (a) Local Acts relating to the same p^^^^"'" subject-matter as the Public Health Act, 1875; ^(6) Acts for confirming Provisional Orders made in pursuance of any of the Sanitary Acts, or of the Public Health Act, ' 27 & 28 Vict. 0. 121. the Public Health Act, 1875, apply to ' 34 & 35 Vict. t. 70. Woolwich, which may be considered = 38 & 39 Vict. 0. 55. as no longer within the Metropolitan ^ By the Public Health (London) area for the purposes of the Act. Act, 1891 (54 & 55 Vict. c. 76, s. 102), » 38 & 39 Vict. o. 55, s. 303. most of the following provisions of 660 PROVISIONAL ORDBES. Local Govern- ment Board, and any Order in Council made in pursuance of the Sanitary Chapter Acts.^ '— (2) For enabling sanitary authorities to put in force the powers of the Lands Clauses Consolidation Acts for the com- pulsory purchase of lands, for the purposes of the Public Health Act.^ (3) For the alteration of areas, local government, urban and rural districts, and improvement districts in the manner set forth in the Act ^* and for dissolving a special drainage district in which a loan has been contracted for works, and merging it in the parish or parishes in which it is situated.* (4) For declaring a rural district or any portion of such district to be a local government district, and for dividing the same into wards or altering or abolishing such wards.^ (5) For uniting districts, whether urban, rural, or con- tributory, for the purposes of procuring a common supply of water, of making a main sewer, or carrying into eflfect a system of sewerage, or for any other of the purposes of the > 38 & 39 Vict. 0. 55, s. 297, sub-s. 5. ' lb. o. 176. The purposes of the Act for which land is required are disposal of sewage, public necessaries, receptacles for rubbish, water supply, hospitals, mortuaries, burial-grounds (under the Public Health (Inter- ments) Act, 1879, to be construed as one with the Act), new streets or the improvement of the same, public parks and recreation-grounds, mar- kets, slaughter-houses, and offices. With regard to water supply, the powers of a local authority are sub- ject to an important limitation, for they are prohibited by the Act from constructing waterworks within the limits of any water company autho- rized by Parliament who are "able and willing" to provide a proper and sufficient supply (see 52). Local authorities under the Public Health (Scotland) Act, 1867, the Burgh Police (Scotland) Act, 1892, and under the Public Health (Ireland) Act, 1878, are under similar limita- tion. It has been held that water rights cannot be compulsorily pur- chased under Provisional Order granted under the Public Health Act, 1875. In the West Houghton case, heard in a Lords' Committee in 1877, a preliminary objection was sustained that the Provisional Order granted by the Local Government Board for the acquisition of certain water rights was ultra vires, on the ground that the power under the Act to purchase " land " ■ did not include " water." ' The powers of the Board for the alteration of areas under s. 270, sub-ss. 1 and 2, and also for the constitution of a local government district (4) under s. 271, though not repealed, are now exercised by county councils, subject in some respects to the control of the Board under s. 57 of the Local Government Act, 1888, and the Pro- visional Order is dispensed with. * lb. B. 270, Bub-s. 3. ' lb. s. 271. See note a PROVISIONAL ORDERS. 661 Mvi' ■P'^^li° Health Act, and for appointing the governing body j^^^^^ '— of the united district.^ Govern- ment (6) For constituting a sanitary authority in any port or a Board. joint representative board exercising such authority over two or more ports, by the Public Health (Ships) Act, 1885. This Order is provisional if objected to within a prescribed period by a riparian authority affected thereby ; if not objected to, it becomes absolute under the provisions of the Act.a (7) For dissolving a main sewerage district or a joint sewerage district made respectively under the Public Health Act, 1848, or the Sewage Utilization Act, 1867, or for con- stituting them united districts.^ (8) For altering the mode of defraying the expenses of an urban authority for sanitary purposes in certain cases.* (9) For removing exemptions from assessment to general district rates, where such exemptions arise under any local Acts.^ (10) For settling doubts and differences and adjusting accounts arising out of any transfer of powers under the Public Health Act, 1875, or under any Provisional Order made under it, on the application of any authority concerned or any person affected by such transfer, if for these purposes any rate has to be made or other thing to be done which, apart from the provisions of the Act, could not be done by law ; ^ and any settlement or adjustment so made may be included in a Provisional Order which gives rise to the same. (11) For authorizing the supply of gas by urban authori- ties in districts where there is no company or person with statutory authority to supply gas, under the provisions of the Gas and Water Facilities Act, 1870, and the Act of 1873 amending the same, and for revoking, amending, and extending or varying such Orders.'' The majority of these Orders are made on the application of the Local Authority. Those, however, which appear » 38 & 39 Vict. c. 55, Ba. 279. 280. « lb. b. 208. = lb. s. 211.(c). .' 2 lb. s. 287. ' lb. s. 323. ' lb. s. 304. ' lb. s. 161. 662 PEOVISIONAL ORDERS. tocai under the heading of 16, 3, 4, 6, 7, and 9, may be initiated ^^^^^^ Govern, by the Board. '' Board. H. Provisional Orders may also be granted by the Local Readjust- Government Board, under the Poor Law Amendment Act, DWisVn'of 18671 (amended in detail by Acts of 1868 ^ and 1879 «) Parishes. ^^^ £qj, repealing wholly or partially or altering a local Act, to the control of which the relief of the poor and the levy of the poor rate are subject in any union or parish in Englaind and Wales, on the application of the Board of Guardians, or of any person having powers under the local Act ; (6) for readjusting or dividing parishes extensive in area, or parts of which are separated from one another or are intermixed with other parishes, on the application of " one-tenth part in value of owners of property and of ratepayers in the parishes interested in the subject." This latter power has been extended and defined by the Divided Parishes Act and Poor Law Amendment Act, 1876,* and by the amending Acts of 1879 ^ and 1882 ; ^ and now an Order initiated by the Board, which only becomes provisional requiring confirmation by Parliament if objected to, may be made for dealing with several divided parishes at the same time, for constituting separate parishes out of any such divided parishes, for uniting any parts of a divided parish or of several divided parishes with each other, for amalgamating the parts so united with an adjoining parish, and for amalgamating any part of a divided parish, or parts of several divided parishes, with an adjoining parish or adjoining parishes, for similarly dealing with an isolated part of a parish, and for treating an extra-parochial place as a divided parish. The Order may include consequential alterations with regard to the maintenance of highways, and the constitution of school districts, unless the Education Department otherwise directs, but ecclesiastical divisions of parishes or the boundaries of boroughs for municipal or parliamentary purposes are not to be affected by it. These Acts apply to England and Wales. ' 30 & 31 Vict. c. 106, S3. 2. 3. ' 39 & 40 Vict. c. 61. " 31 & 32 Viot. c. 122, s. 3. ' 45 & 46 Vict. c. 58. M2 & 43 Vict. c. 54, s. 9. PROVISIONAL ORDBES. G63 ^apter The Local Government Board is also empowered to grant Local Provisional Orders under the following Acts, namely : — men" III. Under the Act of 14 & 15 Vict. c. 38 (for the relief ^°_^- of turnpike trusts, where the revenues of a turnpike road Tiirnpike are insufiBcient to meet its liabilities), on the application of the trustees and with the consent of two-thirds in value of the creditors, for the reduction of the rate of interest on the mortgage debt, or for the extinguishment of arrears of interest. This power was transferred from the department of the Secretary of State to the Board in 1872,^ and applies to England and Wales.^ IV. Under the Contagious Diseases (Animals) Act, 1878 ; ^ Contagious for authorizing a Local Authority (as defined by the Act) in (Animals), England and Wales to acquire land by compulsory purchase, under the provisions of the Public Health Act, 1875, s. 176, for wharves or other purposes, or for use for the burial of carcases. V. Under the Alkali and Works Eegulation Act, 1881 * Alkali (after an inquiry by one of its inspectors, and where it "' appears that the purpose can be effected at a reasonable expense) ; for requiring the owners of salt works or cement works to adopt the best practicable means for the prevention or partial prevention of the discharge into the atmosphere of certain gases specifically mentioned in the Act, and for extending to such works such of the provisions of the Act as they think fit. The Act applies to the United Kingdom, but for Scotland it is administered by the Secretary for Scotland. VI. Under the Eedistribution of Seats Act, 1885,^ forPaiiia- determining in England and Wales any doubt as to the "f "istons. parliamentary division of a county or borough in which a parish or other place was intended by the schedules to the Act to be included, on the application of any voter. VII. And under the Local Government Act, 1888 ^Powers regarding (England and Wales), Provisional Orders may be granted : — County Councils. ' 35 & 36 Viot. c. 79, s. 36. » 41 & 42 Viot. o. 74, s. 40. " The turnpike trusts now existing * 44 & 45 Viot. c. 37, b. 10. are bo few, that this power has of » 48 & 49 Vict. c. 23, s. 23. late been seldom exercised. ' 51 & 52 Viot. c. 41. 664 PEOVISIONAL ORDEKS. Local (1) For transferring to a county council the powers of ^*^|'^ ^^menT any quarter sessions or justices under a local Act, which are Board, gij^ilar in character to those transferred to a county council by the Local Government Act.'- (2) For transferring to county councils {a) the powers of government departments conferred by statute, and appearing to relate to county matters, or to be of an administrative character ; also (6) such powers within the county of com- missioners of sewers, conservators, or other public body corporate or unincorporate (not being a borough corporation, or urban, or rural sanitary authority, school board, or board of guardians), provided that the draft of the order be approved by the government department or public body respectively, the powers of which are thereby affected. The powers so dealt with, if arising in two or more counties, may be transferred to these counties jointly, and be exercised by joint committees of the council.^ (3) For constituting a joint committee representing all the administrative counties through which a river or any tributary stream passes, for carrying out the provisions of the Eivers Pollution Prevention Act, 1876, upon the appli- cation of the Council of any of the counties concerned.* (4) For dealing with every case where the council of a borough is not the urban sanitary authority for the whole of its area, being wholly or partly included in the latter, and for determining the area of the county district, thus pro- viding for the council of the borough becoming the district council, and for that purpose to alter the boundaries of the borough or county ; and, if the population exceed 50,000, for constituting the borough into a county borough, and for making provision for carrying the Act into effect in such county borough.* (5) For {a) altering the boundary of a county or borough ; (6) providing for the union of a county borough with a county; (c) the union of any counties or boroughs or the division of any county ; or (cZ) constituting a borough with > 51 & 52 Vict. 0. 41, B. 4. » lb. s. 14. ., ' lb. s. 10. < lb. 8. 52. PROVISIONAL ORDERS. 665 ^^vf ^ population of 50,000 into a county borough ; and for Local making, as consequential upon such alterations, changes as ment to the number and boundaries of wards, and numbers of ^^• councillors and aldermen. The county council having considered the report of the Boundary Commissioners affecting it, makes representations to the Board with a view to carrying out any of these purposes which they may think expedient.^ It is obligatory on the Board to cause a local inquiry to be made before granting a Provisional Order under this section. (6) For providing for the administrative, judicial, or financial arrangements consequential on the alteration of boundaries in a county made by the Board, provided that the scheme or order is petitioned against by any county council, sessions, or Local Authority affected thereby within the time prescribed by the Act ; and, under the same con- ditions, for amending such a scheme or order which has been previously authorized ; and also, if a scheme or order be required by the Act to be laid before or confirmed by Parliament, such scheme or order may amend any local Act.^ (7) For enabling a county council to put in force the compulsory powers of the Lands Clauses Consolidation Acts for the purchase of land for the purposes of the Act.^ (8) For authorizing the exercise of borrowing powers by a county council, where its total debt, or a proposed loan, exceeds one-tenth of the annual rateable value of the county.* The power of the Board of granting Provisional Orders Highways, under the Highway and Locomotive Amendment Act, 1878, ^°-' ^'^^• for declaring that certain roads should become ordinary highways, has been repealed by the Act of 54 & 55 Vict. c. 63, under which further powers are conferred on county councils with respect to main roads, and the procedure by Provisional Order dispensed with. ' 51 & 52 Vict. c. 41, as. 53. 54. 55. county buildings, police stations, and « lb. s. 59, sub-Bs. 4. 5. 6. assize courts. » lb. 8. 65. The purposes of the * lb. s. 69. Act are bridges, county asylum?, 666 PKOVISIONAl ORDERS. Local VIII. Provisional Orders may be granted under the Brine- Chapter Govem- XXVI ment Pumping (Compensation for Subsidence) Act, 1891 ; ^ (a) for L °"'^ ' forming a Compensation District, and for establishing a Pumpi Board entrusted with powers of rating brine-pumpers in order to provide for the claims for compensation under the Act, and for a reserve fund and other expenses of the Board, on the application of any owner or owners of land in England or Wales of the rateable value in the aggregate of 2000J., or of any Local Authority, suffering through the subsi- dence of the ground caused by the pumping of brine. The limit and basis of this rate are threepence per 1000 gallons of brine pumped within twelve months; also (6) for altering the boundaries of a compensation district on a like application, or on the application of a brine- pumper. The Bond The earliest attempt to provide, by a general law, for the culture! objects Usually sought by the promoters of private bills, was luolosures. that of the General Inclosure Act in 1801.^ By that Act several provisions which had been usually inserted in each Act of inclosure were consolidated, and the necessary proofs before Parliament were facilitated when such Acts were applied for : but the necessity of applying for separate Acts of inclosure was not superseded. lu 1836, a general law was passed to facilitate the inclosure of open and arable land ; ^ and in 1845, the Inclosure Commissioners were constituted, to whom, under this and numerous other Acts usually cited together as the Inclosure Acts, 1845-78, were entrusted many of the powers previously entrusted to Parliament ; of these the most important is the Commons Inclosure Act, 1876, for the inclosure and regulation of commons. By an Act of 1889,* the Board of Agriculture was constituted, and invested with the powers and duties of the Inclosure Com- missioners (lately entitled by Act of Parliament Land Com- missioners); and the Board is consequently the authority by whom the Provisional Orders and schemes are granted under the following Acts : — ' 54 & 55 Viot. 0. 40. ' 6&7 WUl. IV. c. 115. » 41 Geo. III. c. 109. * 52 & 53 Viot. c. 30. PKOVISIONAL ORDERS. 667 Chapter J. Under the Commons Inclosure Act, 1876 : ^ (1) for the Boai \ / j^^gri. regulation of a common; (2) for the enclosure of a common culture. or parts of a common ; the term " regulation," as stated by the Act, includes "adjustment of rights" and "improve- ment of a common," and these terms again are particularly explained by the Act. The application for the Order is to be made by persons interested ia any common representing at least one-third in value of the interests proposed to be affected. If on consideration of the application it be deemed expedient to proceed with the case, a report is made to Parliament by the department certifying tlie expediency of the Provisional Order, and before a bill for its confirmation is introduced; this report is referred to a committee specially appointed by the house every session for consideration, who require the Board of Agriculture to give notice in the locality affected, of the meeting of the committee, in order that persons objecting to the Order may appear and be heard. The reference of the Order to this committee does not dispense with its subsequent consideration by a com- mittee to which, whether opposed or unopposed, it may be For Law of referred by the committee of selection. The Act contains ^mend" elaborate provisions for the protection of public and private I'oQa ^'''' interests, including rules for the guidance both of the per- p. 853. sons making the application and of the department in making the Provisional Order, notably in the latter case for holding a public inquiry on the spot by an assistant commissioner. II. Under the Metropolitan Commons Acts,^ 1866 and 1869 ; for making a scheme for the local management and improvement of a metropolitan common, on the presentation of a memorial by the lord of the manor, by any com- moners, or by twelve ratepayers of the parish in which the common is situated. After certain preliminaries required by the Act of 1866, the scheme may be approved and cer- tified by the Board, who make an annual report to Parlia- ment, in which is set forth in full every scheme certified during the past year, and all the proceedings held in ' 39 & 40 Vict. 0. 5G. ' 29 & 30 Vict. c. 122 ; 32 & 33 Vict. c. 107. 668 PROVISIONAL OEDBES. Board of Connection with it ; and the confirming bill, if a petition Chapter culture, be presented against the scheme, is treated as an opposed — private bill. By the Act no application for the enclosure of a metropolitan common can be entertained by the department. Drainage, III. Under the Land Drainage Act, 1861 ;^ (1) for putting in force the powers of the Lands Clauses Consolidation Acts for the compulsory purchase of lands required for the main- tenance and improvement of existing works, and the con- struction of new works for the drainage of land for agri- cultural purposes in England, on the application of com- missioners of sewers, to whom, on the recommendation of the Board, drainage areas have been assigned ; and (2) ^ for constituting separate elective drainage districts, on the application of the owners of one-tenth part of an area of land requiring a system of combined drainage. IV. Under the Thames Valley Drainage Act, 1871 ; ^ for enabling the commissioners thereby appointed, either at the instance of a district board or at their own desire, to put in force, for the purpose of carrying out any of the works authorized by the Act, the compulsory powers of the Lands Clauses Consolidation Acts for the purchase of land. Education By the Elementary Education Act, 1870,* the Education meat. Department, on the application of a school board in England Sites to and Wales, may, after a public- inquiry, grant a Provisional ^' "' Order empowering the latter to put in force the compulsory powers of the Lands Clauses Consolidation Acts for the purchase of a school site ; and by a subsequent Act of 1876,* the Education Board are invested with the same power, in order to provide an office when the school board has satisfied them that, having regard to the large population of their district, such provision is necessary. This latter power, however, has not been exercised : but by a special Act of 1872,^ the powers of the Act of 1870 are conferred on the ' 24 & 25 Vict. 0. 133, s. 21, et seq. • 33 & 34 Viot. o. 75, s. 20. = lb. Part II. « 39 & 40 Vict. o. 79, s. 42. » 34 & 35 Vict. 0. 158 (Local and « 35 & 36 Viot. c. 27. Personal Acts). PKOVISIONAL OBDBES. 669 Chapter department, in order to provide offices for the school board of London.^ Under the Municipal Corporations Act, 1882,^ where a The Privy petition for a charter of incorporation is referred to a Com- jaunicipal mittee of Council, and it is proposed to extend the Municipal c^i""'** Corporation Acts to the borough to be created, the Com- mittee of Council may settle a scheme for the adjustment of the powers, property, or liabilities of the existing Local Authority in such place, which, if unopposed, may be con- firmed by an Order in Council. If opposed by any Local Authority affected thereby, or by a certain proportion of the owners and ratepayers, the scheme is submitted to Parlia- ment for confirmation by a public bill, and treated as an opposed Provisional Order. A scheme before being settled is referred for consideration to the Home Office, the Local Government Board, and to the Board of Trade, if a harbour authority is thereby affected. The Postmaster-General and the Secretary of State for The Post War have also special statutory powers of dealing with the Secie- private property in order to meet the requirements of the gtate^for public service. With the Postmaster-General the procedure w^i'- is directly by a public bill containing all the enacting Public bills .. 1 ' 1 1- -• AiT-»''n treated as provisions, and without the interposition or the Provisional private Order (scheduled to a confirming public bill) ; but if while ' ^' the bill is pending in either House of Parliament a petition is presented against it, the bill is thereupon treated in the same manner as an opposed private bill. By the Post Post Office Office (Land) Act, 1881,^ the Postmaster-General is em- dation. powered to give three months' notice to all persons interested in the land proposed to be taken, and the Treasury, after a local public inquiry into the objections of such persons, may bring in a public bill for exercising the powers of the Lands Clauses Consolidation Acts for the compulsory pur- chase of land. Similarly, by the Military Lands Act, 1892,* Acquisi- -which repeals the Kanges Act, 1891, the Secretary of State lands for military ' A Provisional Order for tliis pur- = 45 & 46 Vict. c. 50, Part XI. P"i'Poses. pose was granted and conflrmed in " 44 & 45 Vict. c. 20. 1890. < 55 & 56 Vict. o. 43. Commis sion, 670 PROVISIONAL OEDEES. is enabled to grant Provisional Orders for the compulsory Chapter o r J XXVI. acquisition of land for military purposes, by himself, by a — 1- volunteer corps, and by a county or borough council in behalf of such volunteer corps or a yeomanry corps. Both these Acts apply to the United Kingdom. Again, by the Telegraph Act, 1892,^ the powers of the Postmaster-General are extended by Provisional Order, and if he considers that a district is debarred from the public convenience of telegraphic communication owing to the refusal or failure of any person to consent to the construction or maintenance of a work by the Postmaster-General, he may apply to the Railway and Canal Commission, who, on the conditions mentioned in the Act, may make an order dispensing with such consent ; and if the person whose consent has been so dispensed with petition the Commission that the order be laid before Parliament, it becomes a Pro- visional Order, and is treated accordingly, while if no such petition be presented, the order is final. Charity By the Charitable Trusts Act, 1853,^ where a new scheme for the management of a charity cannot be carried into complete effect by the Court of Chancery or other court under the ju/risdiction created by the Act, or otherwise than by the authority of Parliament, the Board of the Charity Commissioners, on the application of the trustees or others^ concerned in the management, or interested in the benefits,, of a charity, or upon the report of an inspector, or upon information otherwise obtained by the Board, are enabled provisionally to approve and certify a new scheme which, set forth in all its details in an annual report to Parliament, may be confirmed by an Act of Parliament, such Act to be deemed a public general Act; and the confirming bill is treated throughout as a public bill, and is not referred ta the committee of selection.^ ' 55 & 56 Vict. c. 59. Sunderland's Charity, 146 ib.. Index. = 16 & 17 Vict. c. 137, s. 5i, et seq. John Kendrick's Loan Charity (Read- = Jewish United Synagogues, 125 ing Grammar School), 1867, being 0. J., Index ; Whixley Tanoreed's a private bill, was referred to the Charities, 126 ib., Index ; Birstal committee of selection. "Wesltyan Chapel, 145 ib.. Index; PKOVISIONAL ORDEES. 671 Copter By an Act of 1885,^ the Secretary for Scotland was Secretary ■ _ appointed, and with the administration of Scottish affairs t^i."'^' which, hy this and a later Act of 1887,^ passed into his hands, he has been inyested with the powers of granting Provisional Orders under the following statutes, some of which were previously administered by the Home Office, the Board of Trade, and the Local Government Board, while others have been passed for Scotland since his appointment : — I. The Public Health (Scotland) Act, 1867 ; ^ for putting Public in force the powers of the Lands Clauses (Scotland) Acts for ^^*^'''' the compulsory purchase of land for the purposes of the Act,* on the application of the Local Authority as described by the Act. II. The Public Parks (Scotland) Act, 1878 ; ^ for enabling Public the Local Authority of any burgh under the Public Health (Scotland) Act, 1867, to acquire and lay out land for public parks and pleasure-grounds, and to put in force the same compulsory powers of purchase for this purpose. III. The Education (Scotland) Act, 1878;® for putting Public in force the powers of the Lands Clauses (Scotland) Acts ^'^"'=*"'"'- for the purchase of land otherwise than by agreement, for the purposes of the Education Acts, on the application of a School Board. IV. The Local Government (Scotland) Act, 1889 ; '' (a) County for the transfer to county councils of the powers of govern- (ScotTand). ment departments and other authorities; (6) for altering, on the representation of a county council, the boundaries or contents of any county, burgh, or parish, for uniting ' 48 & 49 Viot. c. 61. " lb. c. 78, s. 31. = 50 & 51 Viot. u. 52. ' 52 & 53 Vict. c. 50, ss. 15. 51. = 30 & 31 Vict. V. 101, s. 90. 55. 91. 93. Sec. 51 contains other pro- ■* The purposes of the Act are the visions as to boundaries, &o., which provision of hospitals, public water- are the subject of Orders only, the Pro- closets, &o., mortuaries, sewers, water visional Order being the exception, supply including water rights, and By sec. 47, the Boundary Commis- reoreation-grounds : but these powers sioners appointed by the Act had full have of late years been exercised for powers for the settlement of electoral water supply only. See p. 660, n. 2, divisions ; these have expired, having as to limitation on water supply. to be exercised within two years of '■ 41 & 42 Vict. c. 8. the first election in Feh. 1890. 672 PROVISIONAL ORDEES. Secretary parishes or parts of parishes, or for dividing a parish, and Chapter Scotland, for the adjustment of all local matters consequential on '_ such alterations ; and (c) for constituting a joint committee representing counties and burghs for enforcing the pro- Tisions of the Rivers Pollution Act, 1876. Police. V. Police (Scotland) Act, 1890 ; ^ (a) for authorizing the application of any excess over liabilities of a pension fund ; and (6) for the discontinuance of further investments of capital by reason of a pension fund being sufficient to meet its liabilities, on the application of the police authority. Police, san- VI. Under the Burgh Police (Scotland) Act, 1892,^ for muid'cipai regulating the police and sanitary administration of towns administra- ^nd populous places, and for facilitating the union of police and municipal administration of burghs in Scotland, by which the General Police and Improvement Act, 1862, and other Acts on the same subject have been repealed, the Secretary for Scotland is enabled to grant Provisional Orders, (a) on the application of the magistrates and council of any burgh, for the alteration of their number, where they are the commissioners under the Act ; (h) on the appli- cation of the commissioners of any burgh, and when it shall appear to them that they require additional powers — for better carrying out the purposes of the Act, and espe- cially powers relating to the supply of gas or water,^ or to the roads and streets, or to drainage or sewers or the utili- zation of sewage, in addition to the powers conferred by the Public Health Acts, or for the repeal of any exemption from rating, or to other matters cognate to the Act ; (c) for making provision that contiguous or adjacent burghs may amalgamate for the purposes of the Act, or for municipal purposes, or for carrying on jointly such administration, or for executing jointly conduits, sewers, or drainage works ; on the joint application of the magistrates and council, or of the Commissioners of such burghs. The provisions of the following Acts for granting Pro- visional Orders have already been noticed as being adminis- ' 53 & 54 Vict. c. 67, s. 24. ' See p. 660, n. 2, aB to the limita- ' 55 & 56 Vict, c. 55j b. 44, et seq. tion on water supply. PKOYISIOHAL ORDEES. 673 Chapter tered by other departments, and mutatis mutandis they Secretary . apply to the Secretary for Scotland, viz. : The Explosives Scotland. See also pp. Act, 1875; the Sea Fisheries Acts, 1868 and 1881: the 053 655 G63! 65i! Alkali, &c., Act, 1881; the Eedistribution of Seats Act, 1885 ; and tlie Housing of the Working Classes Act, 1890. These Acts contain some special provisions in matters of detail, applicable to Scotland. The Eoads and Bridges (Scotland) Act, 1878,^ authorizes Eoads and the issue of a Provisional Order for enforcing the adoption " ^^^' of the Act by counties: but such adoption having been made compulsory within a certain period prescribed by the Local Government (Scotland) Act, 1889,^ the Provisional Order is no longer applicable. There remain, however, in the Act, provisions under which " determinations," under the hand and seal of the Secretary for Scotland, may be made (a) for the adjustment of the burthen of the main- tenance, erection, and debt of bridges accommodating the traffic, not only of the county or burgh in which they are situated, but also of adjoining counties or burghs ; and (&) for a similar adjustment where a trust existing at the com- mencement of the Act comprises a road, highway, or bridge situated partly in Scotland and partly in England. These -" determinations " have to be laid before both houses of Parliament, and have statutory effect if either house does not, within forty days, resolve otherwise. The Act contains special provisions for granting Provisional Orders as to the maintenance of highways in the counties of Lanark and Eenfrew, which expired in 1883. Under the Tramways (Ireland) Acts, 1860 and 1861,^ and The Lord- fiubsequent Acts * amending the same, the Lord-Lieutenant of Ireland of Ireland, through the agency of the Board of Works and Trf^"^"'; the grand jury, is authorized to grant orders for the con- (i»«la"d)- struction of tramways (worked either by animal or mechanical power), for uniting places between which there is no railway constructed, or in course of construction under 1 41 & 42 Vict. 0. 51. ' 34 & 35 Vict. c. 114; 39 & 40 ii 52 & 53 Viot. c. 50, ss. 16. 110. Vict. c. 65 ; 44 & 45 Vict. c. 17 ; and = 23 & 24 Vict. c. 52, and 24 & 25 46 & 47 Vict. o. 43, aa to light Vict. 0. 102. railways. P. 2 X 674 PROVISIONAL OKDEES. statutory powers ; for constituting a company for the purpose ; Chapter and for fixing the amount of capital, the borrowing powers, L_ and other matters consequential on the incorporation of a company. The Board of Works, at the request of the pro- moters of the undertaking, and after a public local inquiry beld by some person appointed by the Commissioners of Public Works, reports on the engineering, and the grand jury of any county within which the tramway is proposed to be made, after hearing all parties in opposition, and having before them the reports of the Board of Works and of the county surveyor, decides on the merits of the under- taking or any modification of it. If the scheme be approved of, a,nd there be no appeal against such approval to the Lord-Lieutenant in Council, he makes the Order in Council, and it takes effect immediately ; and it is only in cases where the undertaking has been opposed before the Judicial Committee of Privy Council in Ireland that the order is provisional requiring conflirmation by Parliament: but the confirming bill is treated in all respects as a public bill, and is not referred to the committee of selection.^ Light By the 52 & 53 Vict. c. 66, the same procedure is made (Ireland) applicable to light railways in Ireland, with the limitation that the Act should only apply where the promoters {a) are an Irish railway company having a railway open to traffic ; or (b) have made an agreement approved by the Treasury for the maintenance and working of the light railway by such a company ; or (c) where they, in making their application to the grand jury under the Tramways Acts, had proposed a baronial guarantee. Under this Act the Treasury is empowered to make limited advances for the construction of the light railway. Local The Local Government Board for Ireland is the authority ^e™'"" ty which the Public Health Act (Ireland), 1878,^ and the P"*!'' ,, Eedistribution of Seats Act, 1885, and the Housing of the (Ireland). ° Working Classes Act, 1890, so far as Ireland is concerned, are administered ; the powers of the Board under the two • Tramway Orders in Council Index ; 145 ib. Index ; 146 ib. Index, (Ireland) Confirmation Acts, 141 0. J. » 41 & 42 Vict. u. 52. PROVISIONAL OEDBRS. 675 Chapter latter Acts of granting Provisional Orders are the same as those of the Local G-overnment Board of England, and have been already noticed,^ while those under the Public Health Act, similar in many respects to the Public Health Act, 1875, for England, are for the following purposes : — (1) For the alteration of sanitary districts by separating Public from a rural sanitary authority district a town or district (a-eiancl) in which there shall be town or township commissioners under an Act of Parliament, and constituting it an urban sanitary authority, or by including it in any adjoining urban sanitary district ; and also by adding any town or township so constituted to the rural sanitary authority district in which it is situated. No such Provisional Order can be made except on the petition of one or other of the districts affected. (2) For the compulsory purchase of land under the powers of the Lands Clauses Consolidation Acts for the purposes ^ of the Public Health Act, 1878. (3) For the transfer of certain powers for the making and maintenance of roads, bridges, footpaths, and public works within an urban sanitary district, from the grand jury of the county in which the district is situate to the urban sanitary authority, with special provisions as to the consent of the grand jury mentioned in the Act. (4) For the transfer of a burial-ground from one burial board to another. And under the same conditions as are enacted for England by the Public Health Act, 1875, already mentioned,^ for (5) the repeal of local Acts, Provisional Orders, and Order* in Council ; (6) the formation of united districts ; (7) the settlement of doubts and differences arising out of any trans- fer of any powers or property under the Public Health Act, or Provisional Order made thereunder ; and (8) for autho- rizing the supply of gas by an urban sanitary authority.. ' Vide supra, pp. 664. 651. ing water rights, markets, slaughter- ' The purposes of the Act are — houses, hospitals, mortuaries. See purchase of sewers, the disposal of p. 660, n. 2, as to limitation on water sewage, improvement and making of supply. streets, public necessaries, receptacles ^ Vide supra, p. 659. for rubbish, supply of water, inolud- 676 PBOVISIONAL ORDERS. The Provisional Orders under this Act are made on the appli- Chapter XXVI, cation of the sanitary authority. '— Labourers By the Labourers (Ireland) Act of 1883, Provisional Act.*" Orders were granted by the Local Government Board for Ireland for the improvement of the sanitary condition of the dwellings of agricultural labourers : but by subsequent Acts of 1885 and 1886 it is provided that these Orders may be confirmed by the Lord-Lieutenant in Council, and they no longer are submitted to Parliament. National By 55 & 56 Vict. c. 42 (s. 17), the Commissioners of Act National Education in Ireland may grant Provisional (Ireland). Orders for the compulsory acquisition of land by trustees, to be approved of by them, for the sites of national schools or residences for teachers, and the provisions of the Public Health (Ireland) Act, 1878, are made applicable for the purpose. Office of The Commissioners of Public Works in Ireland are Public Works, enabled to grant Provisional Orders under the Drainage Drainage ^^^ Improvement Acts, 1863 and 1880 ; ^ namely, under the and im- ^^j. ^f jggs fQj. constituting into a separate elective drainage provement ' o ir o (Ireland), district, land liable to be flooded or capable of improvement by drainage. Any person interested in such land may make application to the commissioners for the purpose : but the proprietors of two-thirds in value of it must be in favour of the scheme. By the Act of 1880, Provisional Orders may be granted for enabling a drainage board to execute works within the district of any other drainage district, without the consent of the latter. County The powers of provisional legislation conferred on the (Allot- various government departments have now all been noticed. ments). There remains another example of the disposition of Parlia- ment, not only to make the general law more applicable to the purposes of private bill legislation, but also to extend its operation over the rights of private property, where such rights can be shown to interfere M'ith the public need. Hitherto the Government Departments alone have been entrusted with these powers, but by recent legislation, ; > 26 & 27 Vict. 0. 88 ; 43 & 44 Vict. o. 27. PROVISIONAL ORDERS. 677 Chapter following the principle of devolution, a local administrative authority, viz. the county council, is empowered to make Provisional Orders for the compulsory acquisition of land for facilitating the provision of allotments for the labouring classes, where it could not be obtained by voluntary arrange- ment with landowners under the permissive enactments for this purpose. This power is given by the Allotments Acts, 1887 and 1890.^ The first of these Acts enables the sanitary authority, upon the representation of six parliamentary electors or ratepayers in an urban district, or in a parish in a rural district, as the case may be, to petition the county authority, and the county authority (now the county council) may, thereupon, make the Provisional Order, with certain exceptions as to residential and railway property. The Act of 1890 provides that duly qualified persons in any district, not being within the limits of a borough, may appeal to the county council to make the Order, in case of a failure of the sanitary authority to take proceedings. The county council annually appoints a standing committee for the purposes of the Acts, and upon their recommendation, after a public local inquiry held by some one or more of their own body, or by some other person appointed by them, the council may make the Provisional Order. The sanitary authority or the county council, in case of appeal, is the promoter of the Provisional Order, and on the Local Govern- ment Board devolves the duty of introducing a public bill to confirm it. The Acts apply to England and Wales. By the Allotments (Scotland) Act, 1892,^ the Local Autho- rity of any burgh or county (in burghs the town council or commissioners, in counties the county council) is enabled to grant Provisional Orders under similar conditions, for the compulsory acquisition of land for allotments. By the Act the Secretary for Scotland is directed to consider objections to the Provisional Order, to order a local inquiry on it if he thinks fit, and is enabled to refuse to introduce the bill for its confirmation. In concluding this chapter, it is necessary to mention that > 50 & 51 Viot. c. 48, s. 3 ; 53 & 54 Vict. c. 65. ' 55 & 56 Vict. o. 54, s. 3. 678 ORDERS, &C., BT GOVERNMENT DEPARTMENTS. there are several statutes relatinar to charities, endowments. Chapter XXTI education, and some ecclesiastical matters under which the L government departments, within whose province it is to deal with these subjects, have been enabled to make orders and schemes which, though provisional, are not treated like Pro- visional Orders, or in any way dealt with under the rules of private bill procedure, but come into operation without the express confirmation of Parliament. Thus some of them, being first laid before both houses of Parliament, become law, if within a certain prescribed period they are not disap- proved of by either house ; others, after being submitted to Parliament, must be confirmed by Order in Council ; and others again, if no petition be presented against them, by parties interested, at their inception by the department, may be confirmed by Order in Council without being laid before Parliament. The following are instances of some of these statutes, viz. : the Endowed Schools Acts, 1869 to 1889 ; Prisons Act, 1877; Factory and Workshops Act, 1878; the City of London Parochial Charities, 1883 (the powers of which are now expired); the Education Act (Scotland), 1872 ; the Endowed Institutions (Scotland) Act, 1878 ; the Educa- tional Endowments (Scotland) Act, 1882; the Educational Endowments (Ireland) Act, 1885 ; the Oxford and Cambridge Universities Act, 1877; the Universities (Scotland) Act, 1889; and the Union of Benefices Act, 1860. CLASSES OF BILLS. 679 ^^ , CHAPTEE XXVII. Chapter XXVII. CONDITIONS TO BE OBSEBVED BY PAETIES BEFORE PKIVATE Table of Contents, BILLS ARE INTRODUCED INTO PARLIAMENT. PROOF .seep.xxxix. ^jj, COMPLIANCE WITH THE STANDING ORDERS BEFORE THE EXAMINERS. For the purposes of the standing orders of both houses, all The two private bills to which the standing orders are applicable private are divided into the two following classes, according to the ' ^ subjects to which they respectively relate : — 1st Class : — 1st Class. Burial-ground, making, maintaining, or altering. Charters and corporations, enlarging or altering powers of. Churoli or chapel, building, enlarging, repairing, or maintaining. City or town, paving, lighting, watching, cleansing, or improving. Company, incorporating, regulating, or giving powers to. County rate. County or shire hall, court-house. Crown, church, or corporation property, or property held in trust for public or charitable purposes. Perry, where no work is to be executed. Fishery, making, maintaining, or improving. Gaol, or house of correction. Gas work. Land, inclosing, draining, or improving. Letters patent. Local court, constituting. Market, or market-place, erecting, improving, repairing, maintain- ing, or regulating. Police. Poor, maintaining or employing. Poor rate. Powers to sue and be sued, conferring. Stipendiary magistrate, or any public ofilcer, payment of; and Continuing or amending an Act passed for any of the purposes included in this or the second class, where no further work than such as was authorized by a former Act, is proposed to be made. 2nd Class:— 2nd Class. Making, maintaining, varying, extending, or enlarging any Aqueduct. Bridge. Archway, Canal. 680 BEQXTIRBMENTS OP STANDING OEDEES. Cut. Sewer. Chapter Dock. Street. XXVII. Drainage, — where it is not Subway— to be used for the provided in the bill that conveyance of passengers. the cut shall not be of animals, or goods in car- more than eleven feet wide riages or trucks drawn or at the bottom. propelled on rails. Embankment for reclaiming Tramway, by which term, as land from the sea, or any used in these Orders, is tidal river. meant a Tramway to be Ferry, where any work is to laid along a street or road. be executed. " Tramroad," by which term, Harbour. as used in these Orders, is Navigation. meant any Tramway other Pier. than a Tramway to be laid Port. along a street or road. Public Carriage Eoad. Tunnel. Eailway. Waterwork. Keservoir. Require- The requirements of the standing orders which are to be the stand- Complied with by the promoters of such private bills before "'°"'''^' application is made to Parliament, were conveniently- arranged by the Commons, in 1847, in the following order ; and a similar arrangement has since been adopted by the House of Lords : — S. 0. 3-59. " 1. Notices by advertisement. 2. Notices and applications to owners, lessees, and occupiers of lands and houses. 3. Docu- ments required to be deposited, and the times and places of deposit. 4 Form in which plans, books of reference, sections, and cross-sections shall be prepared. 5. Estimates and deposit of money, and declarations in certain cases." The requirements of the two houses, under each of these xhe mac- divisions, are now, mutatis mutandis, nearly identical.^ ^^^ ^y^'" Their convenient arrangement and general similarity render standing , , . , orders are unnecessary their insertion in this work;- and no version iafcn /rem of them can, at any time, be safely relied upon by the of 1892 promoters of bills, except the last authorized edition. ^Ommm) In addition to the standing orders above alluded to, there are others (Nos. 60-68), the compliance with which is to be proved after the introduction of private bills into Parlia- ment ; of these, Nos. 60 and 60A relate only to the deposit ' The standing orders of both houses are numbered alike, from No. 1 to No. 68. Similarity of the orders of Lords and Commons. COMPLIANCE WITH STANDING OEDBES. 681 Chapter of certain Lords' bills with government departments, Nos. L 62-68 will in due course be further mentioned. gg* PPpg In preparing their bills for deposit, the promoters must Preparing be careful that no provisions be inserted which are not suffi- ciently alluded to in the notices, or which otherwise infringe the standing orders. If the bill be for any of the purposes Consolida- provided for by the Consolidation Acts,^ so much of those Acts as may be applicable is to be incorporated ; and the bill is otherwise to be drawn in general conformity with the model bills, by which the best forms are prescribed. By the Parliamentary Inquiries Act, 1851,^ amended by Prelimin- the Harbours Transfer Act, 1862, the promoters of private qumesAct. bills, in which power is sought to construct works on tidal lands, or affecting navigation, may also be required by the board of trade to deposit such statements and other documents as may be necessary to explain the objects of their intended application, in addition to the documents required by the standing orders of either House of Parlia- ment, to be deposited at the admiralty and board of trade. This requirement is wholly independent of the standing orders of either house : but the proceedings under the Act may come, at a later period, under the notice of Parliament (see p. 723). Compliance with the standing orders was formerly re- proof quired to be separately proved — in the Commons, before the pii^™" examiners of petitions for private bills ; and in the Lords, before the standing order committee. The parties were ' Companies Clauses.Lands Clauses, Police Clauses Consolidation Acts, and Railways Clauses Consolidation 1847, 1863, and 1871 ; see Bigg, Acts, 1845, 1860, 1863, and 1869 ; Clauses Cousolidation Acts. These Land Clauses Consolidation Act, Acts, as stated in the preambles, 1869 ; Companies Clauses Acts, 1867 were passed, " as well for avoiding and 1877 ; Companies Clauses and the necessity of repeating such pro- Lands Clauses (Scotland) Acts, 1845 ; visions in each of the several Acts the Railways Acts (Ireland), 1851, relating to such undertaking, as for 1860, and 1864; Markets and Fairs ensuring greater uniformity in the Clauses, Gasworks Clauses, Commis- provisions themselves." sioners Clauses, Waterworks Clauses, ^ 14 & 15 Vict. o. 49. By this Harbours and Docks Clauses, Towns Act, the preliminary inquiries under Improvement Clauses, Cemetery the commissioners of woods and Clauses, Telegraph Clauses, and forests were discontinued. 682 EXAMINERS APPOINTED. thus subjected to the heavy expense of proving them twice chapter XXTII. over, with an interval of some months between the proofs. . Examineis But in 1854, the Lords adopted a most convenient arrange- ing orders ment, which dispensed with a double proof of all those orders Lords. which were common to both houses, except in certain cases. Their lordships resolved, " That there shall be one or more ofiScers of this house, to be called ' the examiners for stand- ing orders,' who shall examine into certain facts required to be proved before the standing order committee;" and appointed as examiners, for the ensuing session, the gentle- men who held the office of examiners of petitions in the House of Commons. By this arrangement, the examiners were enabled to take the evidence on behalf of both houses simultaneously; and in 1858, the Lords entrusted to the examiners the same powers which they had previously exercised for the Commons. The examiners, therefore, acting on behalf of both houses, now adjudicate upon all facts relating to the compliance or non-compliance with the standing orders ; and the standing orders committee in each house determines, upon the facts as reported or certified by them, whether the standing orders ought or ought not to be dispensed with. Of all the improvements connected with private bill legislation, none have been so signal as those in which the examiners were constituted, and both houses concurred for the assimilation and joint proof of their stand- ing orders. Examiners The two examiners, appointed by the House of Lords and by Mr. Speaker, conduct, for both houses, the investigations which were formerly carried on, in the Commons, by the sub-committees on petitions for private bills, and, in the Lords, by the standing order committee. It will, however, be convenient to assume, for the present, that bills are to be first solicited in the Commons, though the proofs of com- ]iliance with the standing orders of both houses are taken simultaneously. General When all the petitions for private bills, with printed petitions, copies of the bills annexed, have been deposited, on or before 8. 0. 229. the 21st December, in the Private Bill Office of the House of botli houses. LIST OF PETITIONS FOR BILLS. 683 Mmpter of Commons, and printed copies of the bills in the Parlia- S. 0. 32 ment Office of the House of Lords, on or before the 17th commons). December, the " General List of Petitions " is made out in the order of their deposit, and each petition is numbered. The regulations by which that list is made out give every facility to the promoters of bills to select for themselves whatever position may be most convenient. If they secure an early number on the list, their petitions will be heard by the examiners shortly after the commencement of their sittings. If, on the other hand, they desire their case to be heard at a later period, they may place their petition lower down in the list.^ As the examination for both houses is conducted at the same time, the order in which the cases are heard for the Lords is determined by the general list of petitions, which is prescribed by the Commons only. In the case of bills brought in by tbe London County Deposit of Council under standing order No. 194, the required deposits by London and notices of advertisement are fixed at the later dates County Council. mentioned in standing order No. 194B. When the time has expired for depositing documents, and Memorials ■^ complying with other preliminary conditions, the parties in- ,^n^o/non- terested are enabled to judge whether the standing orders compliance. of the two houses have been complied with ; and if it should appear to them that the promoters have neglected to comply with any of them, they may prepare memorials complain- ing of such non-compliance. These memorials are to be when to be deposited in the Private Bill Office of the House of Com- -^^po^'^d- „ , ...,,.„ S. 0. 230. mons, according to the position of the petition tor the bill to which they relate, in the general list. " If the same relate to petitions for bills numbered in the general lists of petitions ; From 1 to 100 ] (Jan. 9. 101 to 200 [ They shall be deposited on or before < „ 16. 201 and upwards J • ( „ 23. And in the case of any petition for bills which may be deposited by leave of the house after the 21st December, such memorials shall ' See Mr. Speaker's printed regu- mining the order in which they will lations for the deposit of petitions in be heard, the Private Bill Office, and for deter- 684 MEMORIALS. S. 0. 231 (as amended in 1893). How pre- pared. Opposed and unop- posed petitions distin- guished. Dissentient share- holders. Sittings of the examiners. S. 0. 69. Notice of examina- tion. S. 0. 70. be deposited three clear days before the day first appointed for the examination of the petition." All memorials are to be deposited in the Private Bill Office of the House of Commons before six o'clock on any day on which the house shall sit, and between eleven and one when the house shall not sit; and two copies are also to be de- posited for the use of the examiners, before twelve o'clock on the following day. The time within which memorials are to be deposited, in the Lords, is not prescribed by the standing orders of that house : but the examiners require such deposit to conform with the orders of the Commons ; the hearing of memorials on behalf of both houses, at the same time, being indispensable. These memorials are prepared in the same form, and are subject to the same general rules, as petitions to the house (see p. 495), as well as to other special rules, which will be noticed hereafter. When the time for depositing memorials has expired, the opposed and unopposed petitions are di-stinguished in the general list ; and the petitions are set down for hearing before the examiners, in the order in which they stand in the general list, precedence being given, whenever it may be necessary, to unopposed petitions. By standing order No. 75 — " In case any proprietor, shareholder, or member of or in any com- pany, association, or co-partnership, shall by himself or any person authorized to act for him in that behalf, have dissented at any meet- ing called in pursuance of standing orders 62 to 66, such proprietor, shareholder, or member shall be permitted to be heard by the ex- aminer of petitions, on the compliance with such standing orders, by himself, his agent and witnesses, on a memorial addressed to the examiner, such memorial haying been duly deposited in the Private Bill Office." The public sittings of the examiners commence on the 18th January, being about a fortnight before the usual time for the meeting of Parliament. One of the examiners is required to give at least seven clear days' notice, in the Private Bill Office of the Commons, of the day appointed for the examination of each petition ; and, practically, a much longer notice has been given, as. Chapter xxvn. PROCEEDINGS OP EXAMINERS. 685 Chapter for the convenience of all parties concerned, the examiners XXVII. L give notices for the first hundred petitions on the 10th January, and for the second hundred on the 17th January, being, in each case, the day after the memorials relating to such petitions have been deposited. In order to facilitate the examination of unopposed Daily lists petitions, the daily lists of cases set down for hearing before ° ^^ ' '°'''' each of the examiners are divided into " unopposed " and " opposed " petitions ; and the former are placed first on each day. By this arrangement all the cases are appointed to be heard according to their order in the " General List of Petitions:" but precedence is given, on each day, to the unopposed petitions. These are disposed of, and the nume- rous agents and witnesses relieved from attendance during the subsequent hearing of opposed cases, which often occupy a considerable time. In case the promoters shall not appear at the time when Petitions ,. .. 111,1 •- •! struck off their petition comes on to be heard, the examiner is required, the list. by the standing orders, to strike the petition off the general list of petitions. The petition cannot afterwards be reinserted on the list, except by order of the house ; and if the pro- moters should desire to proceed with the bill, it will be necessary to deposit a petition, praying that the petition How to be may be reinserted, and explaining the circumstances under which it had been struck off. This petition will stand 200. referred to the standing orders corrimittee, who will deter- mine, upon the statement of the parties, whether the pro- moters have forfeited their right to proceed or not, and will report to the house accordingly. If the petition for the bill should be reinserted in the general list, the usual notice will be given by the examiner, and the case will be heard at the appointed time. When the case is called on, the agent soliciting the bill statement appears before the examiner with a " statement of proofs," showing all the requirements of the standing orders, appli- cable to the bill, which have been complied with, and the name of every witness, opposite each proof, who is to prove the matters stated therein. If the bill be opposed on stand- 686 PEOCEEDINGS OF EXAMINEES. Appear- ances on memorials entered. Formal proofs. Proof by affidavit. S. 0. 76. Unopposed cases. In opposed cases. ing orders, the agents for the memorialists are required to Chapter enter their appearances ■"■ upon each memorial, at this time, L in order to entitle them to be subsequently heard. In the mean time the " formal proofs," as they are termed, proceed generally in the same manner, both in opposed and un- opposed cases. Each witness is examined by the agent, and produces all affidavits and other necessary proofs, in the order in which they are set down in the statement ; ^ and in addition to the proofs comprised in the statement, the examiner requires such other explanations as he may think fit, to satisfy him that all the orders of the house have been complied with. Under the standing orders of both houses, " the examiner may admit affidavits in proof of the compliance with the standing orders of the house, unless in any case he shall require further evidence ; and such affidavit shall be sworn, if in England, before a justice of the peace; if in Scotland, before any sheriff depute or his substitute ; and if in Ireland, before any judge or assistant barrister, or before a justice of the peace." In an unopposed case, if the standing orders have been complied with, the examiner at once indorses the petition, addressed to the Commons, accordingly ; and forwards to the Lords a certificate to the same effect. If not, he certifies, by indorsement on the petition, that the standing orders have not been complied with, and also reports to the House of Commons, and certifies to the House of Lords, the facts upon which his decision is founded, and any special circum- stances connected with the case. In an opposed case, when the formal proofs have been completed, the examiner pro- ceeds to hear the memorialists. The agents for the latter ordinarily take no part in the proceedings upon the formal proofs : but if they desire that any of the promoters' ' The appearance is a paper, which is previously obtained from the Pri- vate Bill Office, certifying that the agent has entered himself at that office as agent for the memorial. This appearance is given to the committee clerk (see also infra, p. 692). 2 One fair copy of such statement is required for the examiner, and another for the committee clerk. PROCEEDINGS OP EXAMINEES. 687 Chapter witnesses, who have proved the deposit of documents, the XXVII . . . '_ service of notices, or other matters, should be detained for further examination, in reference to allegations of error, contained in the memorials, the examiner directs them to be in attendance until their evidence shall be required. By the standing orders of both houses, any parties are Memorial* entitled to appear and to be heard, by themselves, their i™™o/uon. agents and witnesses, upon a memorial addressed to the <=°™P'''""=&- examiner, complaining of non-compliance with the standing orders, provided the matter complained of be specifically stated in such memorial, and the party (if any) who may be specially affected by the non-compliance with the standing orders have signed such memorial, and shall not have with- drawn his signature thereto, and such memorial have been duly deposited. The attendance of witnesses is ordinarily secured by the Attendance parties themselves: but if the examiner should report to nesses. the house that the attendance of any necessary witness, or the production of any document, cannot be procured without the intervention of the house, the house will make an order accordingly.^ Unless the matters complained of be specifically stated in Si^ecific the memorial, the memorialists are not entitled to be heard, oAon-*"' * and the utmost care is consequently required in drawing compliance. memorials. When a memorial complains of more than one breach of the standing orders, it is divided into distinct allegations. Each allegation should specifically allege a non-compliance with the standing orders, and should state the circumstances of such alleged non-compliance, in clear and accurate language. When the agent for a memorial arises to address the ex- Pieiimin- aminer, the agent for the bill may raise preliminary objec- tioU''''"" tions to his being heard upon the memorial, on any of the grounds referred to in the standing orders, or on account of violations of the rules and usage of Parliament, or other special circumstances. Such objections are distinct from any subsequent objections to particular allegations. It has ' Wandle "Waterworks, 1853; 108 0. J. 257; 121 ib. 114. 127. 688 PROCEEDINGS OF BXAMINEBS. been objected, for example, that a memorial has not been chapter duly signed, so as to entitle the parties to be heard. No '- proof of the signatures, however, is required in any case, unless there should be some prima, faeie reason for doubting their genuineness. The same rule is applied to the fixing of a corporate seal. On the 16th February, 1846, an instruction was given to the select committee on petitions for private bills, not to hear parties on any petition " which shall not be prepared in strict conformity with the rules and Memorials orders of this house." ^ And as memorials addressed to the same rules examiner have supplied the place of petitions to the house, tfons^'' complaining of non-compliance with the standing orders, the examiners have applied to them all the parliamentary rules applicable to petitions; and have otherwise followed the practice of the sub-committees on petitions for private bills. Prelimin- If no preliminary objection be taken to the general right tions to^° of the memorialists to appear and be heard, or if it be over- allegations, ruled, the agent proceeds to read the first allegation in his memorial. Preliminary objections may be raised to any allegation; as that it alleges no breach of the standing orders ; that it is uncertain, or not sufficiently specific ; or that the party specially affected has not signed the me- Parties morial. or has withdrawn his signature. In reference to the affeXdf latter grounds of objection, it may be explained that by numerous decisions of sub-committees and of the examiners, the signatures of parties specially affected are required in reference to such allegations only as aifect parties per- sonally, and in which the public generally have no interest. Thus if it be alleged that the name of any ownei-, lessee, or occupier of property has been omitted from the book of reference, or that he has received no notice, the examiner will not proceed with the allegation, unless the party affected has himself signed the memorial. But in the application of this rule, considerable niceties often arise from the peculiar circumstances of each case. Public ob- There are numerous grounds of objection which relate to j^'^"™" ' 101 C. J. 147. PROCEEDINGS OF EXAMINERS. 689 Chapter matters concerning the public, and do not therefore require the signatures of parties specially affected. Thus objections to the sufficiency of newspaper notices ; to the accuracy of the plans, sections, and books of reference, where the errors iiUeged are patent upon such documents, or are separable from questions relating to property in lands and houses, have always been treated as public objections. The same principle has been applied to objections to the estimate, deposit of money, or declaration ; and to allegations that any documents have not been deposited in compliance with the standing orders. It is for public information and pro- tection that all requirements of this character are to be complied with by the promoters of the bill ; and any person is therefore entitled to complain of non-compliance on behalf of the public, without proving any special or peculiar interests of his own. Allegations are to be confined to breaches of the standing Questions orders, and may not raise questions impugning the merits "^ ™„^g^ of the bill, which are afterwards to be investigated by Parliament, and by committees of either house. It may be shown, for example, that an estimate is informal, and not such an estimate as is required by the standing orders : but the insufficiency of the estimate is a question of merits, over which the examiner has no jurisdiction. Again, in examining the accuracy of the section of a proposed rail- way, the examiner will inquire whether the surface of the ground be correctly shown, or the gradients correctly cal- culated : but he cannot entertain objections which relate to the construction of the work, its engineering advantages, its expense, or other similar matters, which will be after- wards considered by the committee on the bill. The examiner decides upon each allegation, and, when- Decision ever it is necessary, explains the grounds of his decision. H^ ^^'^P°[g' When all the memorials have been disposed of, he endorses ''^^^ "f 't^ ^^ V J. examiner. the petition, and, if the standing orders have not been com- ^ q_ ^j plied with, he makes a report to one house, and a certificate '^^• to the other, as already stated. In case he should feel doubts as to the due construction of any standing order, in p. • 2 Y 690 PEOCEEDINGS OF EXAMINERS. its application to a particular case, he may make a special Chapter report of the facts to both houses, without deciding whether '- the standing order has been complied with or not. Petition When the petition has been endorsed by the examiner, it sented"^^ is returned to the Private Bill Office, where the agent can Commons o^**^"^ ^^> ^^ Order to arrange for its presentation to the House of Commons, by a member. In case the bill should originate in the House of Lords, the petition is retained in the Private Bill Office ; and the examiner makes a report to the House of Commons, as to the compliance or non-com- pliance with the standing orders. All the proceedings preliminary to the application to Parliament being thus completed, the further progress of a private bill in the House of Commons is reserved for the next chapter. Bills SU3- Where a dissolution of Parliament is anticipated before proceeded *^® private business of the session has been disposed of, it ^^"th"- ^*® been customary to make orders, enabling the promoters session. of private bills to suspend further proceedings, and to afford facilities for proceeding with the same bills, without repeating proofs of compliance with standing orders, or other unnecessary formalities, in the next session. The orders made in 1859, 1880, 1886, and 1892, for this purpose, were peculiarly simple and effectual, and will probably be followed on similar occasions, to the exclusion of earlier precedents.^ In 1871, the Tramways (Metropolis) Bills were suspended in a similar manner, in order to be pro- ceeded with in the next session.^ 1 nth AprU, 1859, 114 C. J. 165; 20th June, 1892, 147 ib. 379. 416. nth March, 1880, 135 ib. 95. Ill ; ' 126 ib. 335 ; 35 & 36 Viot. c. 43. J 7th June, 1886, 141 ib, 280. 334; PRIVATE BILLS IN COMMONS. 691 Chapter CHAPTEE XXVIII. XXVIII. Table of COURSE OF PKOCEEDINGS UPON PRIVATE BILLS IN THE s^p"*^' HOUSE OF COMMONS; WITH THE RULES, ORDERS, xxxix. ^j,2) PEACTICE APPLICABLE TO EACH STAGE OF SUCH BILLS IN SUCCESSION, AND TO PARTICULAR CLASSES OF BILLS. The further progress of a private bill through the House of Progress of Commons will now be followed, step by step, precisely in buis in the the order in which particular rules are to be observed by •^''™™°°«- the parties, or enforced by the house or its ofScers : but this statement of the various forms of procedure may be in- troduced by a few observations explanatory of the general conduct of private business in the House of Commons. I. Every private bill or petition is solicited by an agent, Pailia- upon whom various duties and responsibilities are imposed ^^entt!^ by the orders of the house. The rules laid down by the Speaker, by authority of the house, in 1837, and subse- quently revised, are to the following effect : — 1. "No person shall be allowed to act as a parliamentary agent Declara- until he shall have subscribed a declaration before one of the clerks in ''"^ ^^^ the Private Bill Office, engaging to observe and obey the rules, regu- zance"'' lations, orders, and practice of the House of Commons, and also to pay ^nd discharge from time to time, when the same shall be demanded, all fees and charges due and payable upon any petition or bill upon which such agent may appear ; and after having subscribed such de- claration, and entered into a recognizance or bond (if hereafter re- quired), in the penal sum of 500Z., with two sureties of 2501. each, to observe the said declaration, such person, if in other respects qualified to act as hereinafter provided, shall be registered in a book to be kept in the Private Bill Office, and shall then be entitled to act as parlia- mentary agent : provided that upon the said declaration, recognizance ■or bond and registry, no fee shall be payable." 2. " The declaration before mentioned, and the recognizance and Form. bond, if hereafter required, shall be in such form as the Speaker may from time to time direct.'' 3. " One member of a firm of parliamentary agents may subscribe the required declaration or enter into the required recognizance or ■bond on behalf of his firm : but the names of all the partners of such 692 PAELIAMENTAKY AGENTS. firm shall be registered with such declaration ; and notice shall bo given, from time to time, to the clerks of the Private Bill Office, of any addition thereto or change therein." 4. " No person shall be allowed to be registered as a parliamentary agent, unless he is actually employed in promoting or opposing some private bill or petition pending in Parliament." 5. " When any person (not being an attorney, or solicitor, or writer to the signet) applies to qualify himself, for the first time, to act as a parliamentary agent, such application shall be made in writing, and he shall produce to one of the clerks of the Private Bill Office a certificate of his respectability from a member of Parliament, or a justice of the peace, or a barrister-at-law, or an attorney, or solicitor." 6. " No person's name, other than that of an attorney, or solicitor, or writer to the signet, shall be printed on any private bill, as parlia- mentary agent for such bill, unless and until his name has been duly inscribed upon the register of parliamentary agents." 7. " No notice shall be received in the Private Bill Office for any proceeding upon a petition or bill, until an appearance to act as the parliamentary agent upon the same shall have been entered in the Private Bill Office ; in which appearance shall also be specified the name of the solicitor (if any) for such petition or bill." 8. " Before any party shall be allowed to appear or be heard upon any petition against a bill, an appearance to act as the parliamentary agent upon the same shall be entered in the Private Bill Office ; in which appearance shall.also be specified the name of the solicitor, and of the counsel who appear in support of any such petition (if any counsel or solicitor are then engaged), and a certificate of such appear- ance shall be delivered to the parliamentary agent, to be produced to the committee clerk." 9. " In case the parliamentary agent for any petition or bill shall bo appearance displaced by the solicitor thereof, or such parliamentary agent shall on change (jecline to act, the responsibility of such agent shall cease, upon a fix TiJirliA- mentary notice being given in the Private Bill Office, and a fresh appearance agent. shall be entered upon such petition or bill." Aeents ^^- " Every agent conducting proceedings in Parliament before the' personally House of Commons shall be personally responsible to the house, and to the Speaker, for the observance of the rules, orders, and practice of Parliament, as well as of any rules which may from time to time be prescribed by the Speaker, and also for the payment of the fees and charges due and payable under the standing orders." 11. " Any parliamentary agent who shall wilfully act in violation of the rules and practice of Parliament, or of any rules to be prescribed , , by the Speaker, or who shall wilfully misconduct himself in prose- hibit agent cuting any proceedings before Parliament, shall be liable to an absolute from prac- or temporary prohibition to practise as a parliamentary agent, at the ■smg. pleasure of the Speaker ; provided that upon the application of such parliamentary agent, the Speaker shall state in writing the grounds for such prohibition." Chapter XXVIII. Appear- ance to be entered upon bills, Appear- ance to be entered on petitions against bills. A fresh respon sible. Speaker may, on miscon- NOTICES OP PEIVATE BUSINESS. 693 Chapter 12. " No person who has been prohibited from practising as a par- XXVIII. liamentary agent, or struck off the rolls of attorneys or solicitors, or disbarred by any of the inns of court, shall be allowed to be registered as a parliamentary agent, without the express authority of the Speaker." 13. " No written or printed statement relating to any private bill shall be circulated within the precincts of the House of Commons without the name of a parliamentary agent attached to it, who will be responsible for its accuracy.'' 14. " The sanction of the chairman of ways and means, in writing, is required to every notice of a motion prepared by a parliamentary agent, for dispensing with any sessional or standing order of the house." The name, description, and place of residence of the par- Registry of liamentary agent in town, and of the agent in the country ^s^^*-^- (if any), soliciting a bill, are entered in the " private bill register," in the Private Bill Office, which is open to public inspection. Besides these regulations, there are certain disqualifica- tions for parliamentary agency. Members may not be Members . J . T -J.! J.T. J i- r and officers agents ; and in compliance with the recommendation oi a ^f j^e select committee on the House of Commons offices in 1835, house dis- quaiined as no officer or clerk belonging to the establishment is allowed agents. to transact private business before the housOj for his emolu- ment or advantage, either directly or indirectly.^ II. It has been stated elsewhere, that the public business Notices of for each day is set down in the order book, either as notices ^"s|n*ss of motions or orders of the day : but the notices in relation i^o^ given. to private business are not given by a member, nor entered in the order book, except in the case of any special proceed- ings, but are required to be delivered at the Private Bill Office, at specified times, by the agents soliciting the bills. These notices will each be described in their proper places : Hours for but one rule applies to all of them alike — they must be Joyces. .delivered before six o'clock in the evening of any day on ^ q 247 which the house shall sit : and between eleven and one on (*^ ^ , . ' amended m any day on which the house shall not sit; and after any day 1893). on which the house has adjourned beyond the following day, jio notice may be given for the first day on which it shall ' Pari. Kep. No. 648, of 1833, p. 9; No. 606, of 1835, pp. 17. 19. 694 NOTICES AND TIME FOE PRIVATB BUSINESS. If not duly sit again. If any stage of a bill be proceeded with when Chapter ceedii void. ceedrngs"' the noticc has not been duly given, or the proper interval ' 225. allowed, or if notice be taken of any other informality, such proceeding will be null and void, and the stage must be repeated.^ Notices All notices are open to inspection in the Private Bill pu IS e . Q£gQg . Yjxit for the sake of greater publicity and convenience, they are also printed with the votes; and members and parties interested are thus as well acquainted with the private business set down for each sitting, as with the public notices and orders of the day. Time for HI. The time set apart for the consideration of all See Busi- business. i^atters relating to private bills is at three o'clock in the Aoraef] afternoon, immediately after the meeting of the house ; or' at twelve on Wednesday, and at the commencement of other s. 0. 225. morning sittings ; when the orders of the day and notices of motions are proceeded with in the order in which they S. 0. 225A. appear in the printed " private business list ; " and pro- visional order bills are placed after the private business. What to be But to entitle a motion to be heard at the time of private ^rPt"^ business, it must relate to a private bill before the house, business, or Strictly to private business in some other form. Resolu- tions for the amendment of the standing orders, and matters indirectly connected with the private business of the house, are also taken into consideration at the time of private business.^ Order of As soon as the house is ready to proceed to private busi- proceed- ^j^ Speaker desires the Clerk at the table to read from ings on > r private the private business list the titles of the several bills set business. s. 0. 235. down for the day, which are read in the following order : 1. Consideration of Lords' amendments ; 2. Third readings ; 3, Consideration of bills ordered to lie upon the table ; 4. Second readings ; and 5. First readings. If, upon the read- ing of any title, no motion be made relative to the bill, or if the motion be opposed, further proceedings are adjourned until the next sitting of the house (see p. 226). • 100 C. J. 423; 101 ib. 167; 106 ib. 61 ; 139 ib. 57. ib. 75 ; 107 ib. 157; 122 ib. 66; 133 « 109 ib. 396, &c. PKIVATB BUSINESS. 695 ^viii livery form and proceeding, in the offices of the house, Conduct of connected with the progress of a bill, is managed by a membe'rs. parliamentary agent (or by a solicitor who has entered his name as agent for the bill), or by officers of the house : but, in the house itself, no order can be obtained, except by a motion made by a member, and a question proposed and put in the usual manner, from the chair; and the rules of the house regarding motions (see p. 263) are applicable to all motions made at the time of private business, except when apposed (see p. 708), IV. Every vote of the house upon a private bill is " Private entered in the votes and journals ; and there are also kept registers " in the Private Bill Office, registers, in which are recorded all s. o. 227. the proceedings, from the petition to the passing of the bill, which are open to public inspection daily. The entries in these registers specify briefly each day's proceedings before the examiners, or in the house, or in any committee to which the bill may be referred. As every proceeding is entered under the name of the particular bill to which it refers, it can be immediately referred to, and the exact state of the bill discovered at a glance. After these explanations, the proceedings in the house may be described, without interruption, precisely in the order in which they usually occur. When the petition for the bill has been indorsed by one Petition of the examiners, it must be presented to the house, by a presented. member, with a printed copy of the bill annexed, not later s. 0. 195. than three clear days after such indorsement ; or if, when so indorsed, the house should not be sitting, then not later than three clear days after the first sitting ; and in case the house should not sit on the latest day allowed for the pre- sentation of the petition, it is to be presented on the first day on which the house shall again sit. If the petition for the bill relate to any claim upon the Crown, the Queen's recommendation must be signified ; and the petition will be referred to a committee of the whole house.^ If the standing orders have been complied with, the bill ' Barl of Perth and Melfort's Compensation Bill, 1856, 111 C. J. 247, &o. 696 PETITIONS FOE BILLS. When is at once ordered to be brought in. If not complied with, Chapter ^iiders not t^e petition is referred to the standing orders committee ; L wUh'^'^'' and the report of the examiner, having been laid upon the s. 0. 199. table by the Speaker, is also referred. Petitions On the 7th March, 1845, the South Eastern Kailway Md otifer" Company petitioned for leave to withdraw their original petitions petition for a bill, and to present petitions for seven separate presented. ' ' ± i r bills with reference to the objects comprised in their original petition. Their petition was referred to the standing orders committee, who reported, on the 11th March, that if the house shall give leave to withdraw their original petition, (he sessional order ought to be dispensed with, and that the parties be permitted to present petitions for seven separate bills. On the 14th March, the original petition was with- drawn, and leave given to present petitions for seven separate bills.^ In the same manner, leave was given, on the 14th March, 1845, that two London and Croydon Eailway Bill petitions be withdrawn, and that petitions might be pre- sented for five different bills;* again on the 16th February, 1892, leave was given that the London and North Western Railway (New Railways) Bill might be divided into two bills.s Private By standing order No. 193, no private bill shall be brought Wght'^a i^ otherwise than upon petition, signed by the parties, or upon pe- some of them, who are suitors for the bill ; and bills which tition. n 1 • -1 s. 0. 193. ^^'^^ been proceeding as public bills have sometimes been withdrawn on notice being taken that they were private bills, and ought to have been brought in upon petition.* Exceptions. But bills of a local character, to which the standing orders of the house are applicable, are occasionally brought in, by order, as public bills, without the form of a petition, and Hybrid are familiarly known as hybrid bills.^ Their further pro- For pro- bills. cedure an ' 100 C. J. 136. Bill, 1848; Dublin Improvement Ai/6rid5«7/s, 2 lb. 138. (No. 2) Bill, 1849 ; Portland Har- se« P- ■**3. ' 147 ib. 46. bour and Breakwater Bill, 1850 ; * 80 ib. 488. 490. 491. Smlthfield Market Eemoval Bill, " Knightsbridge and Kensington 1851 ; Metropolis Water Supply Bills, Openings Bill, 1842 ; Holyhead Har- 1851 and 1852 ; Belfast Municipal bour Bill, 1847; Caledonian Canal Boundaries Bill, 1853 ; Public Offloes Bill; Windsor Castle Approaches Extension Bill, 1857; Thames Em- PETITION FOR ADDITIONAL PROVISION. 697 Chapter gress after first reading, however, is subject to the proof of L compliance with the standing orders before the examiner. They are also liable to the payment of fees : but in the greater number of cases, the objects are so far of a public nature that the fees are remitted. See Chapter Where provisional orders have taken the place of private Provisional bills, the bills for confirming such orders are introduced as '''^'*"" '^'^'^" public bills, and are subject to the proof of certain deposits, before the examiner, after being read the first time. If, after the introduction of a private bill, any additional Petitions provision should be desired to be made in the bill, in respect [jonai mo- of matters to which the standing orders are applicable, a vision. petition for that purpose should be presented to the house, with a printed copy of the proposed clauses annexed. The petition will be referred to the examiners of petitions for private bills, who are to give at least two clear days' notice s. 0. 73. of the day on which it will be examined. Memorials com- plaining of non-compliance with the standing orders, in re- spect of the petition, may be deposited in the Private Bill Office, together with two copies thereof, before twelve o'clock on the day preceding that appointed for the examination of the petition ; and the examiner may entertain any memorial, although the party (if any) who may be specially affected by the non-compliance shall not have signed it. After hearing the parties, in the same manner as in the case of the original petition for the bill, the examiner reports to the house whether the standing orders have been complied with or not, or whether any be applicable to the petition for additional provision. Under standing orders No. 61 of both houses of Parliament, Alteration there is an alternative method of dealing with some cases "ft^r'bm of additional provision in a bill. Under these standing ^^^ ^««" introduced. orders, whenever during the progress through either house of any bill of the second class, any alteration has been made bankment Bills, 1862 and 1863; Bill, 1882 ; Hyde Park Comer (New Metropolis Gas Bills, 1867 and 1868 ; Street) Bills, 1883, 1884, 1886; Lon- Admiralty and War Offices Eebuild- dou Open Spaces Preservation Bill, ing Bill, 1873 ; Parochial Charities 1884 ; Coal and Wine Duties (Aboli- (London) Bill ; Public OfiBces Site tion) London Bill. 1889. 698 PETITION FOR ADDITIONAL PROVISION in any work authorized by such bill, proof may be given, in Chapter the house following that in which such bill originated, before '- the examiners, of the various matters which are the subject of the standing orders generally to be complied with in respect of bills of the second class, and which are fully set forth in the standing orders above mentioned.^ When such It has Occasionally happened that petitions for additional consitoed provision have sought for public legislation affecting the mitteTof stamp duties or other branches of the revenue ; which, the whole according to the rules of the house, are required to originate house. . _ in a committee of the whole house (see p. 527). In such cases the petition is presented, and the Queea's recommendation having been signified, the house resolves to go into com- mittee on a future day, to consider the matter of such petition. The matter is considered in committee on that day ; and when the resolution is reported and agreed to, an instruction is given to the committee on the bill to make provision accordingly.^ Such committees are now taken at the time of private business. If any such provision be included in the original bill, it must be printed in italios ; and before the sitting of the committee, similar proceedings will be taken in the house. Land In the Birkenhead Docks Bill, 1850, an arrangement j^^™"^^°^ having been made with the commissioners of woods and forests, for a payment out of the land revenues of the Crown, a resolution was agreed to, in the proper form, and the bill recommitted to a committee of the whole house, with an instruction to make provision.^ In the case of the Forest of Dean Central Eailway Bill, 1856, after the bill had been reported from the committee, a resolution was agreed to for an advance to the company out of the land revenues of the Crown ; the bill was recommitted to a committee of the ' South Eastern Eailway Bill, March, 1864; Dundalk and Greenore 1889. Eailway (cancellation of bond), 15th ' National Loan Fund Life As- May, 1873 ; Ehondda Valley and Hir- Eurance Society Bill, 1855, 110 C. J. wain Junction Eailway (cancellation 217; Globe Insurance Company Bill, of bond), 1878; East London Eail- 1858, 113 ib. 169; Law Life Assur- way (Repayment of Deposit), 1882,&c. ance Society Bill, 25th June, 1863; » 105 C. J. 369. 423. Land Securities Company Bill, lOtli STANDING OEDERS COMMITTEE. 699 Chapter whole house, and an instruction given to make provision accordingly/ The committee on standing orders consists of eleven standing members, nominated at the commencement of every session, cJnfmittee. of whom five are a quorum. To this committee are referred s. 0. 91- 93 all the reports of the examiners, in which they report that the standing orders have not been complied with, whether the bills originate in the Lords or in the Commons ; and it is their ofBce to determine and report to the house whether such standing orders ought or ought not to be dispensed with ; and whether, in their opinion, the parties should be permitted to proceed with their bill, or any portion of it ; and under what conditions (if any) ; as, for example, after publishing advertisements, depositing plans, or amending estimates, when such conditions seem to be proper. If any special report be made by the examiner, as to the When construction of a standing order, it will also be referred to repoA of the standing orders committee. The committee, in such a examiner ° ... referred. case, are to determine, according to their construction of the ^_ q. 94. standing order, and on the facts stated in the examiner's re- port, whether the standing orders have been complied with or not. If they determine that the standing orders have been complied with, they so report to the house ; and if not complied with, they proceed to consider whether the standing orders ought to be dispensed with. To this committee also other stand referred all petitions which have been deposited in standing the Private Bill OfSce, praying that any of the sessional "o^^^^jttgg or standing orders of the house may be dispensed with ; or s. 0. 95. that petitions for private bills which have been struck off ^^" the general list by the examiners, may be reinserted, and all petitions opposing tlie same; and they report their opinion upon such petitions to the house. Their duties, in reference to clauses and amendments and other matters, will be adverted to in describing the proceedings to which they relate. According to the usual practice of this committee, written Proceed- statements are prepared, on one side by the agent for the standing orders • 111 C. J. 266. committee. 700 STANDING OEDBES COMMITTEE. bill, and on the other by the agents for memorialists who Chapter have been heard by the examiner. When these statements L governed. have been read by the committee, they determine whether the standing orders ought or ought not to be dispensed with, and whether " the parties should be permitted to proceed with their bill, and under what (if any) conditions." The parties are called in and acquainted with the determination of the committee, which is afterwards reported to the house. It is not usual to hear the parties, except for the explanation of any circumstances which are not sufSciently shown by the written statements. But in some inquiries of a special character which have been referred to the committee, they have heard agents and examined witnesses ^ before they have agreed to their report. Principles The committee, in their report to the house, do not explain stLiIding^ the grounds of their determination : but the principles and orders nreneral rules by which they are guided may be briefly committee ° •' ... are stated. The report of the examiner being conclusive as to the facts, it is the province of the committee to consider equitably, with reference to public interests and private rights, whether the bill should be permitted to proceed. If the promoters appear to have attempted any fraud upon the house, or to be chargeable with gross or wilful negligence, they will have forfeited all claim to a favourable considera- tion. But assuming them to have taken reasonable care in endeavouring to comply with the orders of the house, and that their errors have been the result of accident or inad- vertence, not amounting to laches, their case will be con- sidered according to its particular circumstances. The committee will then estimate the importance of the orders which' have been violated, the character and number of separate instances of non-compliance, the extent to which public and private interests may be affected by such non- compliance, the importance and pressing nature of the bill itself, the absence of opposition, or other special circum- ■ Edinburgh and Perth Railway the parties; Edinburgh and Northern Bill, 1847, 102 C. J. 226. 293 ; and Eailway Bill, 1849, 104 ib. 37. 48. evidence printed at the expense of 70. STANDING ORDERS COMMITTEE. 701 Chapter stances. And, accordino; to the general view which the XXVIII. . . L committee may take of the whole of the circumstances, they will report that the standing orders ought, or ought not, to be dispensed with. If the standing orders committee report that indulgence Eeport. should be granted to the promoters of a bill, they are allowed Leave to to proceed with the bill or with the additional provision, '"°°*° ' either at once, or after complying with the necessary con- ditions, according to the report of the committee. To give effect to this permission, the proper form to be observed is for a member to move that the report be read, and that leave be given to bring in the bill. In the case of a petition for additional provision, no further proceeding in the house is necessary : but the parties have leave to introduce the provision if the committee shall think fit. In 1853, the standing orders committee had reported that the parties should have leave to make provision in the Lands Improve- ment Bill, pursuant to their petition. In the mean time the amendments proposed to be made in other parts of the bill had become so numerous, that the chairman of ways and means required the promoters to withdraw it, and bring in another. On bill (No. 2) being ordered, the resolution of the house on the report of the standing orders committee was read, and the gentlemen ordered to bring in the bill were instructed to make provision pursuant to the petition.^ A second reference to the standing orders committee was thus avoided. The compliance with orders for giving notices, depositing amended plans, &c., is, in ordinary cases, required to be proved before the committee on the bill, but, in special cases, before the examiners.^ If the committee report that the standing orders ought standing not to be dispensed with, their decision is generally acquiesced "o'^^j^g^^fg"' in by the promoters, and is fatal to the bill. But in order pensed .,, „ • 1 • 1 1 with. to leave the question still open for consideration, the house agree to those resolutions only which are favourable to the progress of bills, and pa?s no opinion upon the unfavour- • 108 C. J. 406. 104 ib. 76 ; Great Northern Railway 2 Dublin Improvement Bill, 1849, Bill, 1849, ib. 81, &c. 702 STANDING OEDEES COMMITTEE. able reports, which are merely ordered to lie upon the chapter table. _5^^ Manchester In 1883, the examiner having reported that in the case Bil'l^ 1883. °f ^^^ Manchester Ship Canal Bill the standing orders had not been complied with in respect of the proposed dredging of the channel of the river Mersey, the standing orders committee resolved that the promoters should be allowed to proceed with their bill on striking out all the powers relating to that portion of the works ; ^ and in the Lords, the standing orders committee arrived at the same con- clusion.^ Decision of Occasionally, the decision of the standing orders com- o*5ei's"^ mittee has been excepted to, and the house has ordered that committee the case be referred back for reconsideration.^ recon- sidered. In one case * the committee had decided that the standing ferred bade Orders ought iiot to be dispensed with : but by a clerical to the com- qj-j-qj- jj ^vas reported that the standing orders ought to be dispensed with, and a bill was ordered to be brought in. The report was referred back to the committee, and the subsequent proceedings declared null and void. The com- mittee again decided that the standing orders ought not to be dispensed with, and so reported to the house : but the promoters subsequently presented a petition for leave to present a petition for a bill, and their second bill ultimately received the royal assent. In another case, notice being taken that a report of the committee was incorrect, it was referred back to the committee.^ In the case of the Albert Station and Mid-London Rail- way Bill, in 1863, the resolution of the committee was re- committed ; and a petition referred to the committee, with an instruction to inquire and report whether the special circumstances stated were such as to render it just and » 138 C. J. 20. 61. Tramways Bill, 1887, 142 ib. 234 ; ' Lords' Minutes, 13th April, 1888. Richardson & Co. CWarrants) Bill, = Great Northern Railway, &o., 1890, 145 ib. 255. Bill, 1862, 117 C.J. 307; Dee Con- * West Riding TJnion Railway, servanoy, 1885, 140 ib. 295 ; Felix- 1846, 101 ib. 176. 228. 252. «towe, Midlands, &o., Railway Bill, ' Liverpool Tramways Bill, 1867, 1886, 141 ib. 196 ; Peckham, &c., 122 ib. 66. STANDING ORDERS COMMITTEE. 703 Chapter expedient that the standing orders should be dispensed L with : but the committee, after investigation, repeated their resolution that the orders ought not to be dispensed with.^ In 1870, certain resolutions of the committee, with the bills and the reports of the examiners, were referred back to the com- mittee, and petitions were referred to them, with an instruc- tion to report whether special circumstances render it expedient that the standing orders should be dispensed with. The report was favourable, and the bills were per- mitted to proceed.^ In 1883, in the case of the Dundalk Water Bill, the committee having reported that the stand- ing orders ought not to be dispensed with, the report was recommitted : but the committee adhered to their previous decision.^ If the promoters of the bill, without desiring to disturb Petitions the decision of the staiiding orders committee, still entertain ^^^' ll^^^ '° hopes that the house may be induced to relax the standing petitions f 1 -n- 1 1 ° for bills. orders, or be willing to abandon portions of their bill ; or if there be special circumstanqes, such as the consent of all parties, or the urgent necessity of the bill being passed in the present session, they should deposit a petition, praying for leave to deposit a petition for a bill, and stating fully the grounds of their application. The petition will stand referred to the standing orders committee, who, after hearing the statements of the parties, will report to the house whether, in their opinion, the parties should have leave to deposit a petition for a bill.* If leave be given, the petition is deposited in the Private Bill Office; when the case is examined, and the petition certified by the examiner, in the .same manner as if it had been originally deposited before the 21st December. But in such cases, the standing orders previously reported by the examiner not to have been ' Votes, 27tli Maroli and 17th Bill; BagenalstowQ and Wexford April, 1863. Railway Bill, 1854 ; South London ' 125 0. J. 78. Eailway (No. 3), 1860, 115 ib. 94; 2 138 ib. 87. 121. 129. Hastings Western Water (No. 2), * Manchester and Southampton 1861, 116 ib. 139; Southam Eailway Hallway Bill, 1847, 102 ib. 269, &o. ; (No. 2), 1863. Belfast and West of Ireland Eailway 704 PBIVATE BILL PEESBNTBD. complied with, are takea to have been dispensed with ; and Chapter unless any further breaches are discovered, he now reports L that the standing orders have been complied with. To deposit If parties desire to solicit a bill during the current session, foVbilb ^^^0 have not deposited a petition for the bill before the after time. 21st December, they may deposit a petition, praying for leave to deposit a petition for a bill, and explaining the circumstances under which they had been prevented from complying with the orders of the house, as to the deposit of their petition at the proper time. Their petition will stand referred to the standing orders committee, and if they suc- ceed in making out a case for indulgence, leave will be given by the house, on the report of the committee, to deposit a petition for a bill, which will be proceeded with in the usual manner.^ Urgent There have been instances of such urgent necessity for brougiit in legislation, that a private bill has been brought in on on motion, motion ; in such cases, the standing orders have been sus- pended by order of the house, and leave given to bring in the bill.2 Bill pre- When leave has been obtained to bring in a private bill, sented. j^ jg required to be presented, by being deposited in the 197," ■ Private Bill Office, not later than one clear day after the presentation of the petition ; or, where the petition has been referred to the standing orders committee, then not later than one clear day after the house has given the parties leave to proceed. It must be printed on paper of a folio- size (as determined by the Speaker), with a cover of parch- ment attached to it, upon which the title is written ; and the short title of the bill, as first entered in the votes, is t» correspond with that at the head of the advertisement. The names of the members ordered to prepare and bring in ' Eatcliff Gas Company, 1854, 109 ^ East London Eailway (Payment O.J.340; Soinde Railway Bill, 1857, of Debts) Bill, 1878, 133 ib. 320 , •; 112 ib. 295; Bahia and San Francisco Metropolitan Board of Works (Dis- Eailway, 1860, 115 ib. 244; Charing triot Eailway) Bill, 1883, 138 ib. 242; Cross Eailway, 1862, 117 ib. 283; Manchester Ship Canal Bill, 1887,. Albert Park (Dublin), 1863,121 ib. 142 ib. 276; Hull, Bamsley, &c., 218; 122 ib. 171; Kirkcaldy, &c., Eailway Bill, 1889 (to raise further- Eailway Bill, 1891, 146 lb. 58. money by debentures), 144 ib. 295. FIRST READING. 705 Chapter the bill are printed on the back ; and the aerent must take XXVIII. ^ care to have the express authority of the members for such use of their names ; for in case of any irregularity in this respect, the bill will be ordered to be withdrawn.^ On the 20th February, 1846, the solicitor and agent for a Schedule* bill petitioned for leave to add schedules which had been * accidentally omitted from the printed copies of the bill, and the house allowed the parties to make the alteration.^ The proposed amount of all rates, tolls, fines, forfeitures. Rates and or penalties, or other matters which must be settled in com- uaKos. mittee, are ordered to be inserted in italics, in the printed 8. 0. 202. bill (see p. 529). The several bills, after they have been presented in the First read- Private Bill Office, are laid upon the table of the house for ^^^' the first reading, together with a list of such bills, and are copies of read the first time in the order in which they stand in the list j^'leil^i'to for each day : but before the first reading of every private ^^ts Office. bill (except name bills), printed copies of the bill must be delivered at the Vote Office for the use of members ; and " all bills for confirming provisional orders or certificates are set Provisional down for consideration, each day, in a separate list, after the private oi'^er bills. business, and arranged in the same order as that prescribed by the S. 0. 225A. standing orders for private bills. No bill, originating in this house, s. 0. 193A. for confirming a provisional order or certificate, is to be read the first time after the first day of June." Bills for confirming provisional orders or certificates, being brought in as public bills, are, after the first reading, referred to the examiners, before whom compliance with standing orders Nos. 38 and 39 are to be proved, under which the promoters of a provisional order must deposit, in the Private Bill Office and the oflSce of the central authority (as described in standing order No. 183), a statement relating to the taking of houses inhabited by the labouring classes ; and Procedure also in the Private Bill Office, duplicates of plans, &c., which Ziswmi bave been deposited with a government department ; and Znd'h^brid *^^^® ^'^^®' ^^^ ^^^^ hybrid bills after the first reading, bills, see p. 443 and ' Great Dover Road Bill, llth ^ Southport Improvement Bill, S. 0.200A. March, 1861, 116 ib. 99; 161 H. D. 20th and 23rd Feb. 1846, 101 C. J. 8 s. 1715. 183. 185. P. 2 z 706 FIBST AND SECOND READING. are not further proceeded with until after the examiners' Chapter . XXVIII. report. "Whain- After first reading, bills conferring certain additional i?b!-^ar- oider." powers on the promoters, being companies constituted by ^arZ °^ Consent of ^^.^ ^f Parliament or otherwise, are referred to the examiner "''!#■« proprietors ' Order, see to certain before whom compliance with standing orders Nos. 62 to 66 p. 796. a 0. 62- li8,ve to be proved. These standing orders require that ^s- the bills be approyed of by the proprietors of such com- panies at meetings held specially for the purpose. After Irish rail- the first reading also of railway bills, which impose a charge ^posing on county cess, or a local rate in Ireland, compliance with charge on standing Order No. 67 has to be similarly proved with regard grandjury, ° . . &c. to the consent of the grand jury or local authority. At Consent of the Same stage also of a bill brought from the Lords for &c. ' establishing a company, the consent of the directors, &c., named in the bill has, in compliance with standing order No. Xords' 68, to be so proved ; and all bills brought from the House ^ee^ip.sii. 8 72 °^ Lords are, after first reading, referred to the examiner, who has to report as to the compliance with such standing orders only as have not been previously inquired into. Proceed- Between the first and second readings of a private bill, or sTOond^ ""a bill for confirming a provisional order or certificate, there reading, jjjg^y jjq^ ^e less than three clear days, nor more than seven, unless the bill has been referred to the examiners ; in which case it may not be read a second time later than seven clear days after the report of the examiner, or of the standing s. 0. 235. orders committee. The agent for the bill is required to give three clear days' notice in writing, at the Private Bill OflSce, of the day proposed for the second reading, and no such notice may be given until the day after that on which the bill has been ordered to be read a second time ; and, should it be afterwards discovered that such notice had not been duly given, the proceedings upon the second reading Bill ex- will be declared null and void.^ Meanwhile the bill is in PriT°afe '" the custody of the Private Bill Office, where it is examined Bill Office. . j^g conformity with the rules and standing orders of 8 233 Withdrawn the house. If the bill be improperly drawn, or at variance if informal. , ^^^^^^ ^^.^^ Railway Bill, 1846, 101 0. J. 371. SECOND READING. 707 Chapter with the standing orders, or the order of leave, the order No. 2 Bill. L for the second reading is discharged, the bill is withdrawn, f ^- '^^■ and leave is given to present another.^ The bill so presented is distinguished from the first bill by being numbered (2), and, having been read a first time, is referred to the examiners of petitions for private bills. Two clear days' notice is given of the examination, and memorials may be deposited before twelve o'clock on the day preceding that appointed. The examiner inquires whether the standing orders, which have been already proved in respect of the first bill, have equally been complied with in respect of the bill No. 2, and reports accordingly to the house ; when the bill proceeds in the ordinary course. The House of Commons will not allow peers to be con- Pem-s' cerned in the levy of any charge upon the people : but the relaxation of its privileges, in regard to tolls and charges for s. o. 226. services performed, not being in the nature of a tax, has led to a considerable change in recent practice. " The clerks in the Private Bill Oifioe are particularly directed to tate care that in the examination of all private bills levying any rates, tolls, or duties on the subject, peers of Parliament, peers of Scotland, or peers of Ireland, are not to be inserted therein, either as trusteed, commissioners, or directors of any company, except where such rates, tolls, or duties are made or imposed for services performed, and are not in the nature of a tax." ^ In 1845, Mr. Speaker called the attention of the house if a vio- to a bill which contained a clause giving compulsory power the's'tand- to take lands, of which no notice had been given, and with- '"s orders. out the proper plans, sections, and estimates having been deposited according to the standing orders. The order for the second reading was discharged, and the bill referred to the committee on petitions for private bills.^ The committee reported that the standing orders had not been complied with ; and were instructed to inquire by whom, and under what circumstances, the violation of the standing orders had been committed.* Their report was referred to the standing » 92 0. J. 254. 425; 99 ib. 187. 1859. 211 ; 104 lb. 71 ; 105 ib. 40 ; 106 ib. ^ Midland Eailway Branches Bill, 209; 108 ib. 289; 136 ib. 166. 1845, 100 C. J. 219. 2 By Speaker's order, 15th Feb. ■■ Ib. 247. 708 SECOND READING. orders committee, who determined that the standing orders Chapter . . XXVIII. ought not to be dispensed with ; and the bill was not pro- ceeded with.^ Second The socond reading corresponds with the same stage in lea ing. ^^.j^gp bills, and in agreeing to it the house affirms the general principle, or expediency, of the measure. There is, however, a distinction between the second reading of a public and of a private bill, which should not be overlooked. A public bill being founded on reasons of state policy, the house, in agreeing to its second reading, accepts and affirms those reasons : but the expediency of a private bill, being mainly founded upon allegations of fact, which have not yet been proved, the house, in agreeing to its second reading, affirms the principle of the bill, conditionally, and subject to the proof of such allegations, before the committee. Where, irrespective of such facts, the principle is objection- able, the house will not consent to the second reading : but otherwise, the expediency of the measure is usually left for the consideration of the committee.^ This is the first occasion on which the bill is brought before the house otherwise than pro forma, or in connection with the stand- ing orders ; and if the bill be opposed, upon its principle, it is the proper time for attempting its defeat. If the second reading be deferred for three or six months, or if the bill be rejected, no new bill for the same object can be offered Postponed, Until the next session (see p. 291). In order to avert is "0^207 surprises, if the second or third reading of a bill, or the consideration of a bill as amended, or any proposed clause or amendment be opposed, its consideration is postponed until the day on which the house shall next sit, or its post- ponement may be moved to a more distant day (see p. 226). Govern- ^^'^ chairman of the committee of ways and. means shall ™™* , make a report to the house previouslv to the second reading contracts. ^ x j o s. 0. 81. of any private bill by which it is intended to authorize, confirm, or alter any contract with a government department whereby a public charge has been or may be created ; and ' C. J. 262. 385. 419. Mersey Conservancy Bill, 1857 ; and ^ But see Minutes of Committee oh 147 H. D. 3 a. 183. SECOND READING. 709 Chapter his report, witli a copy of the contract and of any resolution XXVIII, r ' rj J L to be proposed thereon, is to be circulated with the votes two clear days before the consideration of the resolution in a committee of the whole house, which is not to take place till after the time of private business ; nor is the report of the resolution to be considered till three clear days after the resolution has been agreed to. With regard to packet and telegraphic contracts, see p. 568, and standing order No. 64 (Pub. Bus.). When a private bill has been read a second time, and Commit- committed, it stands referred, if not a railway, tramway, ^ o 208 tramroad, subway, canal, or divorce bill, to the committee of selection; if a railway, tramway, tramroad, subway, or canal bill, to the general committee on railway and canal Committee bills ; and if a divorce bill, to the select committee on ^fvoroe (ji^orce bills. On the 22nd June, 1863, after the London tnuSf see p. ' ' 81*- (City) Traffic Regulation Bill had been so committed, a motion was made to suspend the standing order, and to commit the bill to a committee of fifteen, ten to be nominated by the house, and five by the committee of selection : but it was not agreed to by the house. When a bill has been Bills read read a second time, by mistake, the order that the bill be ^j^g j^y now read a second time has been discharged, on a later day, mistake. and another day appointed for the second reading,^ or the bill has been referred back to the examiner.^ Every bill for confirming provisional orders or certificates Provisional shall, after second reading, stand referred to the committee ^ q 15^ ' of selection or to the general committee on railway and 208A. canal bills, as the case may require, and be subject to the standing orders regulating the proceedings on private bills so far as they are applicable. After a bill has been read a second time, an instruction mav be given to the committee for its direction, if the house think fit. Instructions to committees on private bills are either instruc- nT ^ • • 1 tions. mandatory or permissive. Mandatory instructions leave ' 127 C. J. 135 ; 130 ib. 72 ; South- ' Pacific Steam, &o., Company ampton Corporation Bill, 139 ib. 57. Bill, 133 ib. 61. 710 INSTRUCTIONS. the committee no option in the exercise of their functions chapter with regard to the particular matter, the subject of the ^ ' instruction. For example, on the 15th April, 1872, an instruction was moved to the committee on the Metage of Grain (Port of London) Bill, to provide for the abolition of compulsory metage, and of any tax or charge upon grain imported into London. Exception was taken to an instruction which imposed an absolute condition upon the decision of the committee. The Speaker, however, stated that such an instruction was unusual, but was quite within the competence of the house ; and the motion for the instruction was agreed to.^ On the 14th June, 1887, instructions were given to the committee on the Manchester Ship Canal Bill, that they should report the bill not later than Monday, the 27th June ; ^ and in 1888, to the com- mittee on the Brixton Park Bill, that they do provide that the purchase of the park be not made till the opinion of the ratepayers of Lambeth had been taken on the desirability of the purchase.^ In 1890, instructions were given to the committees on the London County Council Bill, and the Wolverhampton Corporation Bill, to omit certain clauses.* In 1890 and 1891, an instruction was given to the com- mittee on police and sanitary regulations not to sanction in any bill referred to them any clauses relating to matters which were the subject of provisions in the Infectious Diseases Notification Act and other Acts; on the 17th March, 1892, however, the terms of this instruction were relaxed on the condition that the committee reported that the insertion of such clauses should be allowed, with the reasons on which their opinion was founded.^ On the other hand, the Speaker has ruled that a mandatory instruction to strike out of a provisional order bill one of the orders scheduled to the bill was quite unprecedented, adding that, practically each order being a separate private bill, an instruction to negative a whole bill would be quite out of ' 210 H. D. 3 8. 1260. negatived, ib. 66. « 142 0. J. 291. * 145 ib. 194 ; 146 ib. 94. ' 143 ib. 105; a similar instruc- " 145 ib. 146; ib. 73; 147 ib.; see tion on the Vauxhall Park BUI was also 148 ib. 95. INSTRUCTIONS. 711 Chapter Order, and that the remedy of the opponents of the order L was to appear as petitioners against it before the committee to which the bill was referred.^ Other instructions, also mandatory, direct committees to inquire into and report upon matters which, in the opinion of the house, are relevant to the bill, though not strictly within the ordinary course of proceeding. For instance, in 1866, instructions were given to the committee on the London (City) Corporation Gas Bill, 'to inquire into the Metropolis Gas Act, 1860,^ and to the committee on the London (City) Traffic Regulation Bill, to inquire into the best means of regulating the traffic of the metropolis ; ^ and in 1867, the committee on the East London (Thames Supply) Bill were instructed to inquire into the Metropolis Water Act, 1852.* In 1878, an instruction was given to a committee on Tramway Bills, to consider and report under what con- ditions (if at all) the use of steam or other mechanical power might be authorized.^ In 1884, an instruction was moved to the committee on the Dublin, Wicklow, and Wexford Eailway Bill, to inquire and report whether the proposed railway would injuriously affect an open space in Dublin, and objection being taken that the committee already possessed the power to be conferred by the instruc- tion, the Speaker said that the instruction, being mandatory, was perfectly in order.^ In the same year, an instruction was given to the committee on the Ennerdale Eailway Bill, to inquire and report whether the proposed railway would interfere with the enjoyment of the public, and of visitors to the lake district, by injuriously affecting the scenery ; and in 1887, a similar instruction was given to the com- mittee on the Ambleside Eailway Bill.'' Permissive instructions may confer on committees powers of inquiry and legislation on matters relevant to the subject- » Times, 19th May, 1893, 12 Pari. ' lb. 106. Deb. 45. 1230 ; see also Water Pro- * 122 ib. 65. visional Order (No. 2) Bill, ib. 1st * x33 ib. 102. June 1893. " ^^^ i^- ^9°= ^87 H. D. 287. 2 121 0. J. 136. ' 139 C. J. 70; 142 ib. 82. 712 INSTRUCTIONS. matter of the bill, but which otherwise might not be brought Chapter to their attention, and direct the committee to report thereon In 1878, an instruction was given to the committee on the Manchester Corporation Water Bill, empowering them to consider the requirements of the populations between Manchester and the lake district, whence was to come the proposed supply.^ In 1879, an instruction was given to the committee on the Liverpool Lighting Bill, empowering them to inquire and report whether schemes for lighting by electricity by local authorities or public companies should be authorized by Parliament.^ In 1883, there was an instruction to the committee on the Metropolitan District Railway Bill, that they have power to insert a clause making it compulsory on the railway company to pull down certain ventilators sanctioned by an Act of a previous session.® In 1892, the committee on the Birmingham Water Bill received an instruction empowering the committee to inquire and report whether it were necessary to extinguish the rights of commoners and others over the large district proposed to be taken for the collection of the water to be supplied under the bill. Objection was taken that the in- struction was unnecessary, but was overruled by the Speaker.* In 1889, an instruction was given to the committee on the Liverpool Corporation Bill, empowering them to provide, if they thought fit, that, notwithstanding the standing order No. 171 , the corporation might work tramways ; ^ and again in 1890, by a similar instruction to the committee on the Metropolitan Eailway Bill, the operation of the standing order No. 163 with regard to the powers of purchase or amalgamation of companies was suspended.® The difficulty which may arise by the imposition on a committee of too wide a range of inquiry received an illus- tration in the case of the Manchester, Sheffield, and Lincoln- shire Railway Bill, 1891. The committee were empowered ' 133 0. J. 68. for the same purpose, ib. 242. 2 134 ib. 87. ■" 147 ib. 93; 2 Pari. Deb. 4 s. 626. ' 138 ib. 158; order discharged, ib. = 144 0. J. 158. 284; Metropolitan Board of Works « 145 ib. 282. (District Eailway) Bill, brought in INSTRUCTIONS. 713 Chapter to take evidence, and report whether the site of the terminus XXVIII ' L proposed by the bill was the best which could be devised in the interests of the people of London. The committee, by their special report, stated that "in the absence of the definite plans which would be furnished by a rival scheme, they found it impossible to arrive at anything more than a prima facie opinion on the alternative sites suggested, or to come to any conclusion concerning them," and that " their experience may justify some hesitation in the adoption of instructions unaccompanied by adequate means for their perfect fulfilment." ^ Decisions of late years tend to establish the principle that, having regard to the object and purposes of a private bill, instructions must not deal with questions of public policy, which more properly are the subject of a public bill, and that they must be relevant and cognate to the pro- visions of the bill. On the 11th March, 1892, in the case of the Eastbourne Improvement Act, 1885, Amendment Bill, a notice stood on the paper to the effect that an instruction be given to the committee to insert clauses in the bill exempting Eastbourne from the operation of sect. 26, cap. 7, 10 G-eo. IV., and to make provision to secure that equal, full, and free toleration be accorded to all religious persuasions to hold meetings and processions within the borough of Eastbourne, whereupon the Speaker stated that there was nothing in the Eastbourne Act, 1885, nor in the precedent of the Belfast Act, which would warrant exempting a particular locality from the operation of the general statute referred to ; in the case of the Eastbourne Act exceptional powers were granted to the corporation, but by this instruc- tion exemption from a general statute applicable all over the United Kingdom was proposed to be conferred on a particular locality. That would contravene the general principle, and be clearly out of order.^ Again, on the 8th March in the same year, notice of an instruction to the 1 146 0. J. 154; Supplement to Votes, 1891, p. 1607. 2 2 H. D. 4 s. 627 ; see also 3 ib. 324. 714 INSTRUCTIONS. committee on the South Eastern Eailway Bill was sriven, Chapter . XXVIII. to inquire into and report on the accommodation, &c., L supplied to third-class passengers on the railway. The Speaker privately informed the member in whose name it stood that the instruction was not in order, on the ground that the remedy (if legislation were needed) should be sought in a general statute applicable to all railways alike ; that this would be a matter of general policy to be con- sidered at the time, not of private but of public business ; and that it would be contrary to the practice of the house to single out the bill of a particular company and impose on it alone conditions applicable to railways generally. So also later in the same month, the Speaker, on the same grounds, privately ruled an instruction to be out of order by which the committee on the London and North Western Eailway Bill were directed to insert a clause in the bill, limiting the hours of labour to eight per day. On the 29th April, 1892, there was a notice of motion to the effect that an instruction be given to the committee on the London County Council (General Powers) Bill, to con- sider the desirability of inserting a clause enabling the clerk of the County Council of London to correct the totals of the valuation lists in a manner set forth in the instruction. The chairman of ways and means stated that, though the bill to which the instruction referred was an omnibus bill, there was no one of its clauses which dealt with any matter cognate to the subject of the instruction, which therefore could not be entertained, not being in order.^ On the 2nd March, 1886, a mandatory instruction was moved on the Belfast Main Drainage Bill for assimilating the municipal and parliamentary franchise and boundary of Belfast, and for making consequential arrangements as to the election and number of aldermen and councillors and the division of wards. The chairman of ways and means opposed the motion, and said that the assimilation of the parliamentary and ^municipal franchises was a public ques- tion not to be discussed at the time of private business ; • 3 Pari. Deb. 4 s. 1643. COMMITTEE OF SELECTION, &C. 715 Chapter that it was provided by the standing orders that every L alteration of the boundary of a borough should be the subject of notice, in order that the whole neighbourhood should be warned of what was proposed ; that the proposal was naade without any such notice ; and that without any observance of the rules and forms laid down by the house, it was proposed that the committee must extend the boundary of the borough of Belfast.^ Instructions to committees may be given to divide a bill into two or more bills,^ or a provisional order into two orders, in which case each bill or order is gone through separately and amended ; or to consolidate two bills into one.^ For in- In addition to the various forms of instruction already \omrr^^ mentioned, instructions for carrying out the procedure in mittee of private bills are sometimes necessarv, which confer on selection, -^ _ *' ' see p. 719. Committees power to insert additional provision in a bill, or to make provision in a bill for the alteration of stamp duties, or for the release of money deposited in the Court of Chancery for the completion of a railway, in pursuance of special resolutions of the house (see p. 698). Until 1883, the committee of selection consisted of the Committee chairman of the standing orders committee, who is, ex officio, g o 93 chairman, and of five other members nominated by the house at the commencement of every session, of whom three are a quorum. But as the nomination of standing com- mittees on trade and law and courts of justice was confided to this committee in 1883, the number was enlarged by the addition of two other members.* This committee classifies its pro- all private bills not being railway, tramway, tramroad, sub- ^^^ diftles. way, or canal bills, nominates the chairmen and members of ^- 0. 103. committees on such bills, and arranges the time of their sitting, and the bills to be considered by them. The general committee on railway and canal bills General generally consists of about eight members (of whom three on"diway and canal " 141 C. J. 73 ; 302 Pari. Deb. 3 s. ' Metropolis Management Acta bills. 1692. SeeBlacljrock,&c.,Bill,p.853. (Hybrid and Private), 142 ib. 217; S. 0.99 to 2 127 C. J. 165; Water Provisional 145 ib. 345; 146 ib. 218. . 101. 103. Order (No. 2) Bill, 1893, ib. 1st June, * 27th Feb. 18S3, 138 ib. 52. 1893. 716 COMMITTEES ON PKIVATE BILLS. are a quorum), to be nominated at the commencement of Chapter the session by the committee of selection. The committee L of selection may, from time to time, discharge members from attendance on the general committee, and is to appoint the chairman. As regards railway, tramway, tram- road, subway, and canal bills, this committee has functions similar to those of the committee of selection. It forms such bills into groups, and appoints the chairman of every committee from its own body, — being, in fact, a chairman's panel ; and may change the chairman from time to time. The main object of its constitution is to ensure a com- munication between the several chairmen, and uniformity in the decisions of the committees. The several duties of these two committees are distinctly prescribed in the standing orders, and a general outline of their proceedings is all that need be given in order to S. 0. 102. explain the progress of a private bill. Printed copies of all private bills are laid by the promoters before the committee of selection, and before the general committee of railway and canal bills at the first meeting, as the case may require, of such committees respectively ; and each com- mittee forms into groups such bills as may be conveniently submitted to the same committee, fixes the time of the S. 0. 105. first sitting of the committee, and names the bill or bills which shall be taken into consideration on the first day of the meeting of the committee. Consti- ' "T^^ committee on every opposed railway, tramway, tram- tution of road, subway, and canal bill, or group of such bills, consists mittees on of four members and a referee,^ or four ^ members not bills. locally or otherwise interested in the bill or bills in s. 0. 116. progress, the chairman being appointed by the general s. 0. 117. committee, and the other three members by the committee of selection. Committees on other opposed private bills consist of a chairman, three members, and a referee, or a chairman and three members, not locally or otherwise in- Unopposed terested, appointed by the committee of selection. Every s 0. 109. unopposed private bill, not being a railway, &c., or canal ^^''- ^ By order, 19th March, 1868. = Reduced from five, in 1864. ATTENDANCE, &C., OF MEMBEES. 717 Chapter bill, or divorce or road bill, is referred, by the committee XXVIII. . . L of selection, to the chairman of the committee of ways and means (who when present is ex officio chairman of every such committee),^ and one of the members who had been ordered to prepare and bring in the bill, and one other member not locally or otherwise interested, or a referee.^ All road bills, whether opposed or unopposed, are referred Road bills. to a committee consisting of a chairman and three other ■ ^- ■^^°' members not locally or otherwise interested. The general s. o. 104. committee on railway and canal bills may, whenever they think fit, refer an unopposed railway, tramway, tramroad, subway, or canal bill to the chairman of ways and means, and two other members not locally or otherwise interested, or one member and a referee to be nominated by the com- mittee of selection. No bill is considered as an opposed When con- bill unless, not later than ten clear days after the first opposed"^ reading, a petition has been presented against it, in which s. o. 107. the petitioners pray to be heard by themselves, their counsel, or agents, or unless the chairman of ways and means reports to the house that any bill ought to be so treated. The committee of selection give each member at least Notice seven days' notice, by publication in the votes, or otherwise, fj^eted of the week in which he is to be in attendance to serve, if ""embers. required, as a member not locally or otherwise interested ; 1^2. and they also give him sufBcient notice of his appointment as the member of a committee, and transmit to him a blank form of declaration, which he is to return forthwith, properly filled up and signed. If he neglect to return the declaration s. 0. lis. in due time, or do not send a sufficient excuse, the committee ^^^• ' In the absence of the ohaii'man be unable to attend, he is, by an of the committee of ways and means, order of the house, discharged from or in case he is locally or personally attendance, and another member, interested in the bill, the next mem- frequently the chairman of the ber in rotation, who is not so locally standing orders committee, substi- or personally interested, may act as tuted in his place, 134 0. J. IH ; chairman. In the case, however, 139 ib. 371 ; 140 ib. 159; 145 ib. 509. of an unopposed railway, &c., or canal ' For committees on Lords' unop- bill, if the chairman of the com- posed bills, see p. 814; and stand- mittee of ways and means be so ing order No. 109 ; see also pp. 755. interested, or for any other reason 756, on unopposed bills. 718 ATTENDANCE, &C,, OF MEMBERS. of selection will report his name to the house, and he will be chapter ordered to attend the. committee on the bill ; * or to attend _^„ '_ the house in his place, where, on offering sufficient apology for his neglect, he will be ordered to attend the committee.^ Members If the Committee of selection be dissatisfied with his refusing to attend. excusc, they will require him to serve upon a committee ; when his attendance will become obligatory, and if necessary will be enforced by the house. On the 5th May, 1845, a member was reported absent from a group committee. He stated to the house that a correspondence had taken place between the committee of selection and himself, in which he had informed them that he was already serving on two public committees, and that his serving on the railway group committee was incompatible with those duties. But the house ordered him to attend the railway committee.^ Case of Mr. In 1846, the committee of selectibn, not being satisfied O'Brien, with the excuses of Mr. Smith O'Brien, nominated him a member of a committee on a group of railway bills. He was reported absent from that committee, and was ordered by the house to attend it on the following day. He adhered, however, to his determination not to attend the committee, and was committed to the custody of the Serjeant-at-arms for his contempt.* One mem- The Committee of selection have the power of discharging tuted^for' ^^J member or members of a committee, and substituting another other members. On the 4th May, 1869, two members were o. U. 114. '' Members added by the house to the committee on a group of private added by , ,, , . , . o • c the house, bills, but Without the power oi voting.^ Interval An interval of six days is required to elapse between the second™ sccond reading of every private bill and the first sitting of reading and ^he committee, except in the case of name bills, naturaliza- committee. s. 0. 211. tion bills, and estate bills (not relating to the Grown, church or corporation property, &c.), when there are to be three ' 103 C. J. 590. 627; 115 ib. 138; * See supra, p. 178. Special Eep. Sir E. Filmer, 1862, 117 ib. 91 ; 120 of committee of selection, 24th April, ib. 369 (no order made). 1846, 101 0. J. 566. 582. 603; 85 H. = Mr. Pope Hennessy, 1860, 115 ib. D. 3 o. 1071. 1152. 1292. 1300. 1351 ; 94. 99. 106. 86 ib. 966. 1198. » 100 ib. 399; 80 H. D. 3 s. 166. » 124 0. J. 177; 142 ib. 108. COMMITTEE OF SELECTION. 719 Chapter clear days between the second readina; and the committee. XXVIII. '- Subject to this general order, the committee of selection First fix the time for holding the first sitting of the committee commutee on every private bill ; and the general committee fix the ^^q ^qj first sitting of the committee on every railway, tramway, tramroad, subway, and canal bill. In the execution of their s. 0. 115. various duties, the committee of selection have power to send for persons, papers, and records. In all these matters the committee of selection ordinarily instruo- proceed in compliance with the standing orders : but where committee any departure from the standing orders, or the usual practice tf/^ '^°" of the committee, is deemed advisable, or where, for any other reason, a particular mode of dealing with any bills is desired by the house, special instructions have been given to the committee of selection. For example, the house have instructed the committee of selection to refer two or more bills to the same committee,^ or to form all the bills of a certain class into one group ; ^ to refer a bill to another committee ; ^ to remove a bill from a group, and refer it to a separate committee;* to withdraw a bill from one group and place it in another; or to refer private bills to a group of railway bills.® Instructions have been given to refer a bill to the chairman of the committe e on standing orders, and two other members ; ^ or to divide one committee into two committees ; ' or to appoint the first meeting of committees on an earlier day,^ or forthwith ; ^ or not to fix the sitting of committees upon certain classes of bills until a later period ; ^^ or otherwise dealing with the first meeting of committees." Private bills and hybrid bills ' 100 C. J. 95. 224 ; 101 lb. 460 ; « Eook Life Assurance Company 106 ib. 280 ; 124 ib. 48. 63. Bill, 1869. ^ 104 ib. 248. ' 147 0. J. 268. = 100 ib. 607. ' 120 ib. 405; 121 ib. 490; 122 ib. * 105 ib. 351. 427. ' Thames Embankment Bill, and » 103 ib. 700; 105 ib. 513; 107 ib. Thames Embankment (Chelsea) Bill, 300. 1868. The proceedings above men- '" 105 ib. 72. 84; 106 ib. 67. tioned are more generally carried " 109 ib. 406; 111 ib. 256; 113 ib. out by the committee of selection 276. without instruction from the house. 720 SELECT COMMITTEES. connected with goyernment works, Crown property, or other Chapter public interests, are generally referred to a select committee ^ — - nominated partly by the house, and partly by the committee of selection ; ^ and occasionally public bills have been com- mitted to a select committee to be nominated by the com- mittee of selection.^ Sometimes private bills affecting the Hybrid metropolis, or other important localities, or dealing with s^m, 7^26 a subject which, in the opinion of the house, is of special ''^^• interest, have been referred to committees exceptionally constituted. Thus, in 1868, all bills relating to gas com- panies in the metropolis were referred to a select committee of five members ; and the committee of selection were after- wards ordered to nominate five members to serve upon the committee.^ A hybrid bill, the Metropolis Gas Bill, was recommitted to that committee.* In 1871, several private bills promoted by the Metropolitan Board of Works were committed to a select committee of ten members, five to be nominated by the house, and five by the committee of selection.^ And other bills have been referred to committees of eleven members, six or seven to be nominated by the house, and five or four by the committee of selection; or five by the house, and four or two by the committee of selection ; or three by the house, and two by the committee of selection.® But, in 1872, a motion to commit the Metro- politan Street Improvements Bill to a committee constituted in a similar manner was negatived.'' And- again, in 1873, a like motion was negatived in the case of the Charing Cross and Victoria Embankment Approach Bill.^ In 1882, ' Fisher Lane (Greenwich) Im- ' Passing Tolls Bill, 13th Feb. provementBill,100C. J. 121; Spital- 1857; Metropolis Local Management fields New Street Bill, 101 ib. 857; Bill, 14th June, 1860, 115 ib. 304. Brighton Pavilion Bill, 1849, 104 ib. ' 123 ib. 66. 74. 478; Holyhead Harbour Bill, 1850, ■* lb. 126. 105 ib. 634; Whichwood Forest and » 126 ib. 59. 65. 126. Whittlebury Forest Bills, 1853, 108 » 130 ib. 216; 132 ib. 83; Man- lb. 415. 495 ; Caledonian and Crinan Chester Corporation Waterworks, 133 Canals Bill, 1857, 112 ib. 294; 114 ib. 62; Arklow Harbour Bill and ib. 265; 115 ib. 378; 116ib. 95; 120 Public Offices Site Bill, 1882, 137 ib. 99; 121 ib. 106; 122 ib. 65; 134 ib. 121. 241. ib. 202 ; 135 ib. 175, &o. Vide note ' 127 ib. 75. 2, p. 731. s 128 ib. 73. CHAIEMAN OP WATS AND MEANS. 721 XXVIII ^ P^^^ts ^^^^ was committed to the select committee on a public bill; and several private bills for electric lighting were referred to the select committee on the Public Electric Lighting Bill ; ^ and, by orders of the house of the 13th March, 1882, and the 26th February, 1886, all private bills promoted by local authorities and relating to police or sanitary regulations, were referred to a committee, first of seven and then of nine, appointed by the committee of selection ^ (see p. 767), and the committee which is specially appointed every session, was by an order of the 20th May, 1892, increased by two members and divided into two committees, with the same powers as the undivided committee. Joint com- In 1873, pursuant to the recommendation of a joint com- Certain Tords'cmd 1^1**66 of the previous session, the railway and canal bills and^aLi Commons, containing powers of transfer and amalgamation, were com- ^^^^^ r«- aee p. 398. . , ° *^ . , , , ^ , . . , , furred to a mitted to a committee ot three members, to be joined by a joint com- committee of three lords.^ In this case the standing orders ™' *^' relating to the constitution of committees upon private bills were suspended ; and the ordinary rules of locus standi were superseded by a general order, referring to the committee all petitions against the bills, which prayed to be heard, up to the date of the order. The standing order No. 125, which gives a second or casting vote, was also suspended, in order that the rule of the Lords, " semper p-sesumitur pro negante," might be adopted. Before the sitting of the committee on the bill, some im- chairman portant proceedings are necessary to betaken by the pro- "^^^^^^g motors. It is the duty of the chairman of ways and means, ^""^ , counsel. with the assistance of the counsel to Mr. Speaker, to examine ^ q_ go. all private bills, whether opposed or unopposed, and to call the attention of the house, and also, if he think fit, of the chairman of the committee on every opposed private bill, to all points which may appear to him to require it ; and at any period after a bill has been referred to a committee, he is at liberty to report any special circumstances, or to inform the ' 137 C. J. 56. 165. & Eiokards, 132. ' lb. 98; 142 ib. 69; 3 Clifford » 128 0. J. 179. P. 3 A 722 AMENDMENTS PRIOE TO COMMITTEE. house that any unopposed bill should be treated as an opposed Chapter Copies of bill. To facilitate this examination, the agent is required L before ^o lay copies of the original bill before the chairman and them. counsel, not later than the day after the examiner has Fiiied-up indorsed the petition for the bill;^ and again, two clear ^ ^ g2 days before the day appointed for the consideration of the bill by a committee, the agent is required to lay before them copies of the bill, as proposed to be submitted to the com- And before mittoe, and signed by the agent. By the practice of the Cil all ITn ATI of Lords' House of Lords, copies of the bill, as originally introduced, mHtees ^^^ ^^^° ^® proposed to be submitted to the committee on the bill, in the Commons, are laid before the chairman of committees and his counsel ; and a simultaneous examination of the bill is consequently proceeding in both houses. Chairman And by a Standing order of 1858, the chairman of ways mine in ^^^ means is required, at the commencement of each session, ■which ^Q seek a conference with the chairman of committees of the house bills are to be House of Lords, for the purpose of determining in which sidered. " houso the respectiye private bills should be first considered, s. 0. 79. and to report such determination to the house. Amend- Amendments are suggested or required by the authorities ments be- j [^ |^j^ houscs, which are either agreed to at once by the fore sitting ' o .; of com- promoters, or after discussion are insisted upon, varied, modi- fied, or dispensed with. In the mean time the promoters endeavour, by proposing amendments of their own, to con- ciliate parties who are interested, and to .avert opposition. Super- They are frequently in communication with public boards or public d^- government departments, by whom amendments are also partments. proposed ; and who, again, are in communication with the chairman of ways and means and the chairman of the Lords' committees. The board of trade assist in the revision of railway bills, and suggest such amendments as they think necessary for the protection of the public, or for the saving of private rights. The secretary of state for the home department formerly exercised a similar supervision over turnpike-road bills : but his functions were transferred, in ' Practioally, this is done as soon as the bills are deposited in the Private Bill Office. AMENDMENTS PEIOR TO COMMITTEE. 723 ^^*P*®' 1871, to the local government board. Where tidal lands or ' harbours, docks or navigations are concerned, the board of trade, to whom the former admiralty jurisdiction was transferred by the 25 & 26 Vict. c. 69, supervise the pro- visions of that class of bills. Where there are naval dock- yards in any harbours, ports, or estuaries, the admiralty may reserve its jurisdiction, and require protective clauses to be inserted ; or may withhold the consent of the Crown to the execution of the proposed work. Where Grown property is affected, the commissioners of woods and forests, who may give or withhold the consent of the Crown, have the bill submitted to them, and insist upon the insertion of protective clauses, or the omission of objectionable provisions. The board of trade offer suggestions in reference to bills affecting trade, patents, electric telegraphs, harbours, shipping, and other matters connected with the general business of that department. Bills promoted by local authorities for the improvement and sewerage of towns, and for the supply of gas and water, receive consideration by the iocal government board, by whom amendments are also ■suggested.^ And in case a bill should affect the public revenue, similar communications will be necessary with* the treasury, and other revenue departments. And where the Pieiimi- bill comes within the provisions of the Preliminary Inquiries quiries^Act. Act,^ amendments are introduced in compliance with reports from the board of trade. When the amendments consequent upon these various Limits to procedings have been introduced, the printed bill, with all g^end- the proposed amendments and clauses inserted, in manu- ™ents, script, is in a condition to be submitted to the committee : but care must be taken, in preparing these amendments, that they are within the order of leave, that they involve no infraction of the standing orders, and are not excessive in extent.^ Where it was proposed to leave out the greater part of the clauses in the original bill, and to insert other • The powers of the secretary of = 14 & 15 Vict. c. 49 ; amended by state in such cases were transferred, 25 & 26 Vict. c. 69 ; and see supra, "by the Local Government Act, 1871, p. 681. to the local government board. ? 108 0. J. 406. FIKsSX MEKTlXa OK COMMlirKK, FiUed-up bill to lio the chairman of ways and means submitted to the house that the bill should be withdrawn.^ — Notii-o of The clerk to the committee of selection, or to tho general "rminiuoo. Committee, gives at least four clear days' notice to the clerks i?. 0. 230. in the Private Bill Office, of the meeting of the committee on an opposed bill, and one clear day's notice in the case of an When fust unopposed or recommitted bill ; and if it should be post- pos^ponoi. poned, he gives immediate notice of such postponement. In the case of bills not referred to the committee of selec- tion or general committee, the clerk to the committee to which the bill is referred or recommitted is to give tho like notices. The agent is required to deposit in the Private Bill Office a fiUed-up bill signed by himself, as proposed to be sub- s', 0. 23T. mitted to the committee, two cleai* days before the meeting of the committee ; and a copy of the proposed amejidments is to be furnished by the promoters to such parties petition- ing against the bill as shall apply for it, one dear day before the meeting of the committee. In 1815, certain committees upon bills reported that no fiUed-up bill had been deposited by the agent as required, and that tho com- mittee had therefore declined to proceed with the bill, and had instructed the chairman to report the circumstance to the house.^ In these cases the practice has been to revive the committees, and to give them leave to sit and proceed on a certain day, provided the fiUed-up bill shall have been duly deposited.'' Each member of a committee on an opposed private bill , or group of such bills, before he is entitled to attend and vote, is required to sign a declaration " that his constituents have no local interest, and that he has no personal interest" in the bill ; " and that he will never vote on any question which may arise without having duly heard and attended to the evidence relating thereto." And no sueli committee can proceed to business until this declaration has been signed 'Bristol Paroohial Efttos Bill, « 100 ib. •JCl. !)02. 1816, 100 C. J. 035 ; Porthleven liar- ' lb. 802. 801. bour Bill, 1S69. Oh»pt«r XZTin. Daoln- ration of members of com- mittees. S. 0. 118. RULES AS TO ATTENDANCE, &C. 725 ^Vtn by each of the members.^ If a member who has signed this declaration should subsequently discover that he has a direct pecuniary interest in a bill,^ or in a company who are petitioners against a bill,^ he will state the fact to the committee, and will be discharged by the house, or by the committee of selection, from further attendance. When all the members have signed the declaration, the Quorum to committee may not proceed if more than one of the members l^^ZT be absent, except by special leave of the house : * but no * f ■ "^ ■, o , to 124. member of the committee may absent himself, except in Members case of sickness, or by order of the house. If at any time absent more than one of the members be absent, the chairman p''ro"eed-''' suspends the proceedings, and if, at the expiration of an '"S^ ™V hour, more than one member be absent, the committee is quorumnot adjourned to the next day on which the house shall sit, P''^'^°*- when it meets at the hour at which it would have sat if there had been no such adjournment. Members not present Members within one hour of the time of meeting, or absenting them- reported selves, are reported to the house at its next sitting, when they are either directed to attend at the next sitting of the committee, or, if their absence has been occasioned by sick- Excused, ness, domestic affliction, or other sufScient cause, they are ^''' discharged from further attendance.^ If after a committee if quorum has been formed, a quorum of members cannot attend, the attemi. chairman reports the circumstance to the house, when the members still remaining will be enabled to proceed, or such orders will be made as the house may deem necessary. If when the chainnan be absent, the member next in rotation on the absent.^ list of members, who is then present, is to act as chairman : s. o. 121. but in the case of a railway and canal committee, only until the general committee shall appoint another chairman, if they think fit.* ' See Suppl. to Votes, 1854, p. 605 ; 1860, 115 ib. 218. Votes, 1862, p. 453. ■* Amended standing orders, 19th = Suppl. to Votes, 1849, p. 168 ; ib. March, 1868. 1850, p. 72; ib. 1851, p. 312; 100 » 110 C. J. 123. 294; 112 ib. 156. C. J. 386 ; 101 ib. 904 ; 104 ib. 357. 168 ; 122 ib. 97. 150, &c. ' 105 lb. 225; 108 ib. 518. 524; » See Votes, 1857, p. 212; ib. 1892, Suppl. to Votes, 1853, p. 777; 1st p. 685; 5 Pari. Deb. 4 s. 1920; June, 1858, 113 C. J. 200; 3rd May, minutes and evidence of committee 726 HTBM0 COMMIXTEES. Questions All questions before committees on private bills are chapter decided by decided by a majority of voices, including tbe voice of the - 1 majority cbaiiman ; and whenever the voices are equal, the chairman of voices. ' ^ ' s. 0. 125. 1^8^ ^ second or casting vote. The members of a committee nominated partly by the house and partly by the committee of selection, do not sign the declaration required by standing order No. 118, nor are they subject to the standing orders as to attendance or as to the vote of the chairman. The practice of referring bills " ffyirid of a certain class, already mentioned, to committees so uos," see- constituted, has of late years greatly increased. There are^^j^ "" advantages attaching to such committees : but, on the other hand, the judicial character of the tribunal is impaired by the absence of those regulations by which the continuity and impartiality of the tribunal are preserved.^ The chair- man of such a committee (being a select committee), in accordance with a resolution of the house of 25tli March, 1836, and the established rules of Parliament, can only vote when there is an equality of voices.^ In 1865, considerable changes were introduced into the procedure, by the constitution of referees on private bills, consisting of the chairman of ways and means, and not less than three other persons to be appointed by Mr. Speaker. The referees were to form one or more courts, three at least being required to constitute each court, a member in every case being chairman, but receiving no salary. The practice and procedure of these courts was prescribed by the chair- man of ways and means, by rules to be laid before the house : but only one counsel was to be heard on either side unless specially authorized by the referees. According to Referees on private bills. Their duties in 1864. North Eastern Eailway Bille, Group 7, 1892. ' In the committee on Southampton Docks Bill, 1892, one member was a director of the dock company, and another held shares in the South ■Western Eailway Company (the pur- chasing oompauy) : but it was decided by the authorities of the house that the oonetitutiou of the committee was perfectly regular. In the London. County Council (General Powers)- Bill, and London Improvements Bill,. 1893, a member of the London County Council was a member of the com- mittee on both bills. See Debate^ Times, 27th June, 1893. ' Bules and orders as to public- business. No. 336. EEFEEBES ON PEIVATB BILLS. 727 Chapter the standing orders of 1864, the referees inquired into the L engineering details of all works proposed to be constructed. the efficiency of such works and the sufficiency of the estimate ; and into other particulars in the case of water- works and gas bills. Every report made by them to the house stood referred to the committee on the bill, by whom no further evidence was to be taken upon the matters re- ported upon by the referees. If the referees reported the estimate to be insufficient, or the engineering to be in- efficient, the bill was not to be proceeded with, unless the house should otherwise order. The committee on a bill might also, subject to the approval of the chairman of ways and means, refer any question to the referees for their decision. Another important duty entrusted to the referees was the de- cision of the right of petitioners to be heard before committees, to which more particular reference will presently be made. In 1865, it was ordered that if the promoters and changes in opponents of any bill agreed that all the questions at issue ^^^ ises'' between them should be referred to the referees, they were empowered to inquire into the whole subject-matter of the bill, and to report their opinion to the house ; and if they reported that the bill ought to be proceeded with, it was to be referred to the committee on unopposed bills. In 1867, the committee of selection were empowered to refer to the court of referees, instead of to a committee, every gas and water bill of that session, except those relating to the metropolis, against which a petition endorsed for hearing before the referees had been presented, and the referees were to inquire into the whole subject-matter of the bill, and to report it, with or without amendments, to the house.^ And, in the same yeai", an Act was passed to enable the courts of referees to administer oaths and award costs, in certain cases, in the same manner as committees on private bills,^ which has become inoperative since 1868, when those courts of referees to which it applied ceased to exist. And lastly, in 1868, in order to avoid the evils incident to Keferees appointed ' Instruction to committee of se- '^ 30 & 31 Vict. o. 136. to com- leotion, 1st March, 1867, 122 C. J. 80. mittees. 728 PETITIONS — PRIVATE BILLS. the hearing of parties before two separate tribunals, first Chapter as to the engineering merits of a scheme, and secondly as '- to its policy and public utility, — the referees were associated with the committees on private bills. And under the present standing orders, the committee of selection refer every opposed private bill, or any group of such bills, to a chairman and three members and a referee, or a chairman and three members, not locally or otherwise interested. From that time, the only separate court of referees was that for determining the locus standi of petitioners. Referees At first it was decided by the authorities of the house ■ that the referees appointed to committees should vote upon all questions, like members of the house : but, in 1876, a select committee, to whom the consideration of this practice was referred, reported an opinion adverse to its continuance, upon constitutional grounds ; and accordingly, on the 27th March, 1876, the house ordered — "That it be an instruction to committees on private bills that referees appointed to such committees may take part in all the pro- ceedings thereof, but without the power of voting." ' Petitions' All petitions in favour of or against or otherwise relating against *o private bills, or bills to confirm provisional orders or cer- w\\^^^ A t'fic^*®^ (except petitions for additional provision), are now provisional presented to the house, not in the usual way of presenting how pre- ' other petitions, but by depositing them in the Private Bill s°0 "^205 Office, where they may be deposited by a member, party, or Petitions agent. Any petitioner may withdraw his petition, or his drawn. opposition. On a requisition to that effect being deposited in the Private Bill Office, signed by himself or by the agent who Petitions deposited the petition. Every petition against a private bill bfurto which has been deposited not later than ten clear days after stand re- ^jjg gj.g^ reading, and, in the case of a provisional order bill, s. 0. 129. not later than seven clear days after the examiner shall have given notice of the day on which the bill will be examined, or which shall have been otherwise deposited, in accordance with the standing orders, and in which the petitioners pray to be heard by themselves, their counsel, or agents, stands ' 131 C. J. 120 ; and see report and evidence of the committee. 210, PETITIONS PEIVATE BILLS. 729 xx^il. '"'^f^'''^^ to the committee on the bill, without any distinct reference from the house. And, subject to the rules and orders of the house, such petitioners are to be heard upon their petition accordingly, if they think fit, and counsel heard in favour of the bill against such petition. Where Death of petitioners have died after the deposit of their petitions, their sons, or their agents or executors, have petitioned to be heard, and, on the report of the standing orders com- mittee, have been permitted to appear and be heard upon the petitions of the deceased petitioners,^ or to deposit a new petition after the time limited.^ The agent for each petition must be prepared with a cer- Appear- tificate from the Private Bill OfSce of his having entered an petitions. appearance upon the petition. This document is delivered s. 0. 126. to the committee clerk ; and, unless it be produced, the peti- tion will be entered in the minutes as not appeared upon.^ On the 23rd May, 1848, a petition was presented, praying that a petitioner against a private bill be allowed to be heard upon his petition, notwithstanding he neglected to present a certificate from the Private Bill Office of his having entered ■ an appearance upon his petition previous to the commence- ment of business by the committee. The petition was re- ferred to the committee on the bill, without any further instruction.* A solicitor who does not appear upon his own petition cannot be heard before the referees, unless he has signed the roll of parliamentary agents.^ Nor can a peti- tioner be heard otherwise than by himself, his counsel or parliamentary agent.^ ' Lincolnshire Estuary Bill, 1851, appearance, presented a petition that 106 0. J. 226. 233. he should be heard on his former ^ Duke of Portland (Ardrossan petition when the bill was reoom- and Glasgow Kailway Bill), 109 ib. mitted, and his petition was referred 206 ; Suppl. to Votes, 1854, p. 606 ; by the house to the committee on the Metropolitan Inner Circle Railway bill. Bill, 1878, 133 ib. 112. ' Birkenhead, Chester, &o., Eail- ' Minutes of committee on Ponty- way Bill, 1873, 1 Clifford and Eiok- pool Gas and Water Bill, 1890. ards (C. & R.), Locus Standi Reports, * 103 C. J. 552 ; and see Suppl. to 3; Combe Hill Navigation Bill, Votes, 1848, p. 395; Bolton-le-Sands 1876, ib. 216. Reclamation BiU, 129 ib. 204. A » Ib. 8. petitioner, having failed to enter an 730 PETITIONS AGAINST PRIVATE BILLS. Rules as Petitioners will not be heard before the committee unless Chapter petitioners, their petition be prepared and signed in strict conformity '- with the rules and orders of the house, and have been de- posited within the time limited/ except where the petitioners complain of any matter which may have arisen in committee, or of any proposed additional provision, or of the amend- ments as proposed in the filled-up bill. Part of a petition having been omitted by mistake, and afterwards added, it was ruled that such part was not referred to the committee.^ Petitions If a petition be presented after the time limited, the only after^'time. ^°<^® ^7 which the petitioners can obtain a hearing is by depositing a petition, praying that the standing orders be dispensed with in their case, and that they may be heard by the committee. The petition will stand referred to the standing orders committee ; and if the petitioners be able to show any special circumstances which entitle them to indulgence, and, particularly, that they have not been guilty of laches, the standing orders will be dispensed with.^ Special On the 17th May, 1849, a petition from the attorney- of'^etltio gsiisral against a private bill was brought up, and read ; and it being stated that it was essential to the public interests that it should be referred to the committee on the bill, the standing order requiring all such petitions to be deposited in the Private Bill Office, was read, and suspended' and an instruction give to the committee to entertain the petition.* In 1864, special instructions were given to the committee on a group of metropolitan railway bills, to hear the promoters of certain schemes not proceeded with in that session, against particular railway bills.^ Jurisdio- In 1869, all the metropolitan street tramways bills were referees referred to the same committee, and it was ordered that all ™dT petitioners against any of the said bills be heard, without 1 It has been held that when » 83 H. D. 3 s. 487. Sunday is the last day for depositing ' 108 C. J. 284. 670 ; Votes, 1854, a petition, the deposit may be made p. 211. 329, &c. on the Monday. See 2 Clifford and * 104 lb. 302. Stephens (C. & S.), Locus Standi ' 119 lb. 167. 190. Eeports, 4. PETITIONS IN FAVOUR OF PRIVATE BILLS. 731 Copter reference to any question of locus standi} In many cases, committees nominated partly by the house and partly by the committee of selection, have been ordered to hear all petitions against a bill presented within a certain number of days of the sitting of the committee, if they think fit, or without this discretionary power ;^ and " hybrid bills " have usually been so treated. In such cases, it has been held that the jurisdiction of the referees is superseded by the order of the house.^ In other cases, such powers have been given, subject to the rules, orders, and proceedings of the house.* No petition will be considered which does not distinctly Grounds of specify the grounds on which the petitioners object to any be''speci- of the provisions of the bill. The petitioners can only be '^*'*- heard on the grounds so stated ; and if not specified with sufficient accuracy, the committee may direct a more specific statement to be given, in writing, but limited to the grounds of objection which had been inaccurately specified, but this power has been seldom exercised. Petitions in favour of private bills are presented to the Petitions in house by their deposit at the Private Bill Office and are not ^^^"205 referred to the committee, as the petitioners are not parties to the bill. On one side are the promoters, and on the other petitioners against it : but petitioners in favour of the bill can claim no hearing before the committee, except as witnesses. It has been intimated that counsel may allude to the presentation of such petitions in argument, but may 1 124 C. J. 63. gation Bill, 143 ib. 330 ; Meraey ' 126 ib. 59. 60. 93 ; 127 ib. 812 ; Docks and Harbour Board Bill, 144 Metropolis Gas Companies Bill, 1875, ib. 101 ; Metropolis Management and 130 ib. 230 ; Manchester Corporation Building Acts Bill, 1890, 145 ib. 300; Water Bill, 1878, 133 ib. 62; Solent London "Water Commission Bill, 1891 , Navigation Bill, 1881, 136 ib. 466 ; 146 ib. 101 ; Birmingbam Gorpora- Arklow Harbour Bill and Public tion Water Bill, 1892, 147 ib. 97. Offices Site Bill, 1882, 137 ib. 121. = Commercial Gas Bill, 1875, 1 C. 241 ; Electric Lighting Provisional & K. 150. Orders Bill, 138 ib. 323; Metropoli- * 128 C. J. 87. 176. All bills re- tan Eailway Bill (Park Railway), ferred to the police and sanitary 139 ib. 89 ; Corporation of London committee. Manchester Ship Canal, (Tower Bridge) Bill, 140 ib. 81; 1891, 146 ib. 331; London County Lambeth, Southwark and Vauxhall, Council (General Powers) Bill, and East London Water Bills, 141 1893. ib. 60. 127; Aire and Calder Navi- 732 LOCUS STANDI. not examine witnesses in respect of their contents or Chapter . 1 XXVIII. signatures. -court of referees. -Cases of Such being the general rules relating to petitions, it is locus standi , , . , . i ■ ,-, before now nccessary to enter upon an important change in the mode of adjudicating upon formal objections to petitions, and the rights of petitioners to be heard. Prior to 1865, all such questions were heard and determined by the committee on the bill. Considerable inconvenience and expense were caused by this practice, as counsel were re- tained, and witnesses kept in attendance, on behalf of petitioners who were adjudged, at the eleventh hour, to have no claim to be heard. With a view to obviate these objections, and at the same time to introduce greater uniformity and certainty into the decisions upon these .s. 0. 89. important questions, it was ordered, in 1864, that the referees should decide upon all petitions, as to the right of the petitioners to be heard, without prejudice, however, to the power of the committee on the bill to decide upon any question as to such rights arising incidentally in the course s. 0. 87. of their proceedings. To give effect to this order, a court of referees was specially constituted, under the presidency of the chairman of ways and means, for the adjudication of all questions of loeus standi. This court, following generally the principles and precedents to be found in the decisions of committees, have reduced to a system, as far as possible, the rules affecting the rights of petitioners against private JS. 0. 151. bills, and provisional orders or certificates.^ So many exceptional circumstances naturally arise in each case, that nothing further will be here attempted than a review of the leading principles by which their decisions have been guided. For more detailed information, tlie reader must consult the clear and accurate reports of the cases to which frequent references are here given.* ' Minutes of Group 2, 17th April, order for which application had been 1861. made, they were not thereby de- ' It has been held that, though barred from the common right of petitioners may, in the proceedings petitioning against it, 1 0. & E. 118. with the government departments, ' Smethurst on Locus Standi Prac- have been in favour of a provisional tice of the Court of Referees ; vols. 1 LOCUS STANDI. 730 Chapter By one of the rules made by the chairman of ways and Rules for . '- means, under the standing order, the promoters of a bill of such who intend to object to the right of petitioners to be heard *'^^''^- against it, are to give notice of such intention by a written statement of the grounds of their objection, to the clerk to the referees, and to the agents for the petitioners, not later than the eighth day after the deposit of the petition : but the referees may allow such notices to be given, under special circumstances, after the time limited.^ Such notices may also be withdrawn by notice in writing to the clerk to the referees. The time allowed for serving such notices of objection is exclusive of the day on which the petition was deposited.^ It has been ruled that the service of such notices by post is not sufficient : but under certain circum- stances it has been allowed.^ When due service has been proved, if no one appears in Locus^ support of the petition, the locus standi of the petitioners allowed in will be disallowed.* -p,:!"" Such being the arrangements for hearing questions ofai"=<=- locus standi, on the day appointed for hearing any case Counsel ■ - '7 heard. before the court of referees, the petition against the pre- amble or clauses of the bill, the statement of objections to the right of petitioners to be heard, and the bill itself being before the court, the counsel for the petitioners supports their claim ; and the counsel for the promoters is heard in reply, — the speeches being thus limited to one on each side. For the purposes of argument on questions of locus standi, Allegations^ the allegations of a petition are ordinarily admitted : but admitted. where the right of petitioners to be heard depends upon special facts which are disputed, they may be called upon to prove them.^ and 2, by Clifford and Stephens on Locus Standi, 6, and App. 97 ; 2 (0. & S.); vols. 3, 2, 3 Clifford and C. & S. 2. Eiokards (C. & E.) ; vol. 1 Kickarda ' Smethurst on Locus Standi, 7, and Michael (K. & M.); vol. 1 and App. 98; 3 C. & E. 876; ib. Elckards and Saunders (E. & S.). 360. • E. & M. 174 ; per contra, 1 E. & * lb. 8, App. 91. g_ 11. 159. > Ib. 12, App. 93; 1 C. & S. App. » London, Chatham, and Dover, 41 ; 3 0. & E. 155. 316. 319. &o., Eailways Bill, 1866 ; Smethurst owners. 734 LOCUS STANDI. Petitions Some petitioners pray to be heard against the preamble Chapter pframble. ^ ^iid clauses of the bill ; some against certain clauses only ; L and others pray for the insertion of protective clauses, or for compensation for damage which will arise under the bill. Land- The owners of land proposed to be compulsorily taken by a bill, have always been allowed a right to be heard against the preamble and clauses of the bill, and also the lessees and occupiers of lands and houses, on whom notices are required to be served by the standing orders of both houses. And a railway company whose property is proposed to be taken has the same rights of locus standi as a private landowner.^ The owner of minerals proposed to be com- pulsorily taken is in the same position as a landowner whose land is to be taken, and is for all purposes of locus standi a landowner.^ The lord of a manor has established his claim to be heard against a bill affecting his manorial rights.^ The owners of river waters, springs, or wells, injuriously affected by bills, are entitled to be heard.* So also mill-owners, the working of whose mills will be affected by works proposed to be constructed above or below them.^ Owners and occupiers of land in reasonable proximity to a canal proposed to be stopped up, have been allowed a locus standi.^ Petitioners are said to have no locus standi before a committee, when their property or interests are not directly and specially affected by the bill, or when, for other reasons, they are not entitled to oppose it. It has been held, for example, that petitioners praying for a revision of the tolls chargeable by railway companies are ' London and North "Western Kail- 2 C. & E. 109. 212. way Bin, 1868, 1 0. & S. App. 62. ■• Smethurst, 22-26. 31 ; Southport «3 (the post case) ; Caledonian Kail- Water Bill, 1867, 1 C. & S. 13; 2 way Bill, 1872, 2 C. & S. 256; C. & K. 212 ; 3 ib. 477 ; E. & M. 167. Caledonian Eailway Bill, 1873, 1 C. ' Birkenhead, Chester, &o., Eail- & E. 7; ib. 19; 3 ib. 136. 201; K. & way BUI, 1873, 1 C. & S. 1; 2 ib. M. 98; IE. &S. 117. 50. 58; 1 C. & E. 3; West Ham M C. & E. 221 ; 3 ib. 46. Local Board Bill, 1881, 3 ib. Ill ; = Bute Docks Bill, 1866, Sme- Barnstaple Water Bill, IE. & M. ■thurst, App. 95 ; Bradford Water 195 ; see also standing order No. 14. Bill, 1869, 1 C. & S. 39; 2 ib. 89; « 1 C. & E. 216; 3 ib. 55. LOCUS STANDI. 735 ^rai ^°* entitled to be heard, unless the question of tolls be involved in the bill.^ But shipowners, traders, and others injuriously affected Traders. by the tolls, rates, or otlier provisions of a bill, have, with some exceptions, been allowed a hearing, provided they petition as a class, and not as individuals.^ The referees, however, guarded themselves from deciding that, in no case, could an individual trader be heard ; ^ and have since given an extension to the loeus standi of traders.* In the case of the Great Western and Bristol and Exeter Eailway Com- panies Bill, 1877, which, while authorizing an extensive combination of railway companies in western and south- western parts of England, did not make any alteration of tolls or rates, certain traders of Exeter, about fifty in number, were allowed a hearing, on the ground that their interests would be injuriously affected by the traffic arrangements proposed by the bill : but the corporation of Exeter, alleging similar objections, were refused a loeus standi, as not representing the trading interests of that city so properly as the traders themselves, who had petitioned. The traders of Salisbury were also allowed to be heard against this same bijl : but the corporations of Salisbury, Southampton, Glastonbury, and Shepton-Mallet failed to establish their right.^ But while traders have been admitted, chambers an incorporated chamber of commerce has been refused "^ °°™" a hearing against a navigation bill, as they did not allege that, as a corporation, they were injuriously affected, and had no interest distinct from that of other traders who were 1 Lancashire and Yorkshire Eail- » lb. 129; 1 C. & S. 49-51. way Bill, 1852, Suppl. to Votes, p. * North Eastern Eailway Bill, 150 ; Great Western, Shrewsbury 1874, 1 C. & E. 107 ; Piers and Har- and Birmingham, &c., Bill, ib. pp. hour P. O. ib. 180 ; Caledonian Eail- 306. 308. 314 ; South Yorkshire Eail- way Bill, ib. 210 ; Lerwick Harbour way, &o,, Group 11 A, 1862; Great Bill, 2 ib. 25; E. & M. 184. 236; 1 Western and West Midland Eail- E. & S. 50. ways Amalgamation, Group 13, 1863; ' Great Western, &c.. Bill ; 1 C. & South Eastern Eailway Bill, 1881, S. 55. See also case of Midland and 3 0. & E. 97; ib. 303. Glasgow, and South Western Eail- ^ Smethurst, 37-47; 1 C. & E. ways (Amalgamation) Bills, 1867, 112; 2 ib. 18; ib. 34; 3 ib. 302; 1 ibid., App. 73. C. & S. 59. 736 LOCUS STANDI. petitioners.^ The Mining Association of Great Britain, Chapter ^ ° XXVIII. however, have been heard against a railway bill, on the interests. ground that they were composed exclusively of one class of traders, and so far differed from a chamber of commerce, whose members are traders of all classes, and are not necessarily traders at all.^ By standing order No. 133 A, how- ever, passed in 1883, the referees have a discretionary power to allow the locus standi of chambers of commerce on the question of railway rates, to be authorized by a bill, or already authorized by an existing Act.^ Qualified It has been held that the owner of land on a line proposed to be abandoned, and of which the compulsory powers have expired, has no loeus standi.^ But an owner showing that he has sustained special damage has been allowed a limited loeus standi.^ Lessees of minerals beneath a line proposed to be abandoned have been refused a locus standi.^ The owners of land authorized by a former Act to be taken, and contracted for with the company, have been refused a hear- ing, on the ground that they were merely creditors : ' but, on the other hand, the referees have held that the owner of certain premises, who, having received notice, had engaged other premises, and had applied to the Court of Queen's Bench for a mandamus to compel the company to complete its contract, had a right to be heard against the clause of a bill which extended the time for completing a railway. So also a landowner with whom a company had contracted to restore land not required for the railway, within a certain time, has been allowed a hearing against a clause extending > Tyne Improvement Bill, 1876, Eailway Bill, 1877, 2 0. & E. 40 ; 1 C. & K. 268 ; 3 ib. 412, per contra 3 ib. 78 ; lb. 399. 403. (Salt Chamber of Commerce). ° Caledonian Bailway Bill, 1869, 1 = Great Western Eailway Bill, C. & S. 28 ; afcA^^aoS.'Jipo'Jttli- 1877, 2 ib. 18. 803; per contra, 1 E. cartDi8tri(r',1^i5||B|i^f.v.;y^2,39. & S. 100. » 1 C. & S. . yBiii;E.sJ« *^ " Manchester, Sheffield, &e., Eail- ' Llanelly El. and Docks way Bill, E.&M. 270; GreafWestem, Bill, 1866, Smethi , .•< App. 110; &c., Eailway Bill, ib. 255. Dublin Trunk Connecting Eailway * Eastern Counties Eailway, Suppl. Bill, 1867, 1 C. & S. App. 37 ; to "Votes, 1852, p. 84 ; London, Great Western Eailway (Additional Brighton, and South Coast Eailway Powers) Bill, 1866, 1 ib. 31 ; 3 C. & Bill, 1868, 1 C. & S. 27; Midland E 315; E. & M. 133. LOCUS STANDI. 737 ■xx^m *^® *^'^® ^^^ completing the linej so as to enable him to seek the insertion of a special saving clause for his con- tract ; ^ and landowners who had special agreements with a company or had received no notice to treat for the pur- chase of their land under compulsory powers, have obtained their loous standi against extension of time.^ And where a company applied for an extension of time for purchasing land and completing works, and it was shown that nothing had been done for the execution of the line, and that the company were under financial embarrassments, landowners on the line have been allowed a hearing.^ Landowners whose land was proposed to be taken by a bill, but which was already under compulsory powers of purchase by another company, though not actually taken, have been held to have a lo&us standi, as they are not yet divested of their rights as owners.* But it has been decided that a land- owner, the price of whose land has been fixed by a railway company, and the purchase-money lodged in court, had no locus standi, the legal interest in the land having passed from him to the company.^ Where land has been shown on the deposited plans as Contingent intended to be taken, but the amended bill did not propose """^se- to interfere with it, or where other clauses affecting the interests of petitioners have been withdrawn, committees have held that the petitioners were not entitled to be heard." In the case of a bill for extension of time for purchase of land and completion of works, it has been held that the owners of certain lands which had been excluded from the operation of the bill, as amended, had no locus standi against the bill : '' but in another case, it has been held that a land- > Glasgow and South Western Eail- = lb. 22a way Bill, 1 C. & S. App. 29 ; Metro- ' Cork and Waterford Railway politanEailwayBill,1867,ib.App.32. Bill, Suppl. to Votes, 1854, p. 340 ; 2 2 C. & E. 100 ; K. & M. 67 ; ib. Colne Valley and Halstead Railway, 113. and Witney Railway Bills, Group 5, ' Drayton Junotion Railway Bill ; 1859 ; Wimbledon and Dorking Rail- Wrexham, Mold, and Gonnah's Qnay way Bill, Group 3, I860; Teign Railway Bill, 1867, 1 0. & S. 28. 34 ; Valley Railway Bill, Group 4, 1863. Biidgewater Railway Bill, R. & M. 89. ' Severn Valley Railway Bill, 1856, • 1 0. & R. 207. Minutes, vol. i. p. 114. P. 3 B 738 LOCUS STANDI. owner, whose lands were proposed to be taken in the bill, as Chapter . xxTm. read a second time, was entitled to be heard, though his L lands were omitted from the bill as submitted to the com- mittee.^ And the referees, not having the amended bills before them, have supported the right of landowners to.be heard, where their lands are proposed to be taken by the bill as deposited.^ Petitioners whose property was not taken, but who apprehended injury by reason of the contiguity of a railway, have been refused a hearing ; ^ and this rule has been strictly adhered to, in numerous cases, by the referees.* In some exceptional cases, however, of special danger, disturbance, or injury, petitioners so affected have been allowed a hearing.^ Thus owners and occupiers of houses have been heard who complained that their property would be injured and shaken by the proposed line, though untouched by it, and have obtained protective clauses.* It has, however, been laid down as a settled practice that a landowner or inhabitant cannot claim a locus standi on the ground that proposed works will destroy the beauty or salubrity of a place.' But the owners of glass-works, who alleged that their business would be irretrievably injured by proposed works, have been heard, their case being sufficiently exceptional to justify a departure from the general principle of previous decisions, — viz. that land- owners can only be heard when their land is actually taken or interfered with.^ The trustees of a hospital who alleged that, although no land was to be taken by a railway, great injury would arise to the inmates from the noise and vibra- tion of passing trains, have failed to establish a right to be ' Lancaster and Carlisle Railway 75. Bill, 1858, Minutes, vol. i. p. 114. « East Gloucestershire Eallway 2 Smethurst, 19 ; 1 0. & S. App. Bill, 1862, 2 0. & S. 1S9 ; 1 C. & E. 47. 57. 109 ; 2 ib. 116. 46 ; Manchester, &o.. Railway Bill, 3 Suppl. to Votes, 1847, i. 323. 1891, E. & S. 130. 134 ; ib, 44. « Smethurst, 26-28. 101.102. 117; ' 1 C. & R. 203 ; 3 ib. 30. 125; Crystal Palace and South London per contra, 1 E. & S. 127. 130. Junction Eailway Bill, 1869, 1 0. & 133. 8. 40 ; 1 0. & E. 80 : 2 ib. 38. 124. = South Eastern Railway Bill, 249 ; 3 ib. 86 ; E, & M. 208. 1876, 1 0. & R. 258. ■ 1 C. & S. 40-44 ; 2 0. & E, 2. 14. LOCUS STANDI. 739 Chapter heard.'' The trustees of a church, who alleged that the XXVIII. L services would be interfered with by the proximity of a rail- way, were not allowed a hearing.* B,ut in numerous cases, petitioners complaining of interference with their access to their premises, or to the sea, or other waterside, have been allowed a locus, standi, although their property was not directly affected.^ The displacement of population has not been a suffi,cient ground of opposition, on the part of school boards and local authorities,* Petitioners whose property was not affected by the bill, Excep- but by the main line sanctioned by a former Act, have cases. failed to establish a right to be heard,^ Where no fresh powers affecting the property of a petitioner are sought, his locus sfOindi has been disallowed,® A telephone companyi however, who alleged injury to, their work by the pro- pinquity of a,n electric tramway, authori?,ed, but not made, were allowed a locus standi against a bill for the extension of time for the compietion of the tramway, in order to ask for a protective clause, on the ground of the change which had taken place in the scientific knowledge and practical application of electricity.'' The owners of minera,l property have been refused a locus standi as landowners,^ but have been heard against the provisions of bills relating to tolls.® It has been held that petitioners using a canal for the pur- poses of trafiSc were not entitled to be heard against a bill for the purcha,se of that canal by a railway company .^'' A landowner will not be heard if no power is taken in the bill ' North Bjitish Pailway BUI, 303 ; 1 E. iSf S. 1. 1877, 2 C. & R. 54 ; London and North « Metropolitan Railway Bill, 1 879, Western Railway Bill, ISSg-, E. & IVI. 2 C. & R. 207 ; R. & M. 26. 70 ; 1 R. 263. The petitioners in this case & S. 1. 56. 93 ; per contra, ib. 125. obtained n lows started and a pro- ' 1 ib. 103. 167 ; Barry Railway teotive clause before a committee in Bill, MS. Report, March 2, 1893. the House of Lor^s. ' Suppl. to Votes, 1853, p. 713 ; per 2 2 0. & R. 249. contra, 1 C. & R. 221. ' Ib. 140. 197; 3 i^- 6<>- 70.226; » North Staffordshire Railway Bill, R. & M. 46. 92. 145; 1 E. .S? S. 20. 1865, Smethurst, App. 120 ; 2 0. & 23. 139. 151. K- 34. « 3 C. & R. 182. 185. " Suppl. to Votes, 1847, ii. p. 1207 ; » Suppl. to Votes, 1847, ii. 1070. 1850, p. 147; 1 C. & R. 150 lJ 0. & 1113 ; Skipton and Kettlewell Rail- S. App. 66. 126, per contra. way Bill, 1881, 3 0. & R. 28. 58. 96. 740 LOCUS STANDI. for the purchase of his land otherwise than by agreement.'^ Chapter The owner of an equitable interest in land has been heard, L where the legal estate was vested in trustees.^ It has been held that petitioners affected by an underpinning clause of an underground railway, although their property was out- side the limits of deviation, were entitled to be heard.^ The referees will determine, according to the circumstances of each case, whether petitioners have such an interest as to entitle them to be heard ; or to what extent, and with what restrictions, they may claim a hearing ; and such circum- stances will necessarily vary according to the special relations of the petitioners, and the nature and objects of the bill itself. Bills op- -^ petitioner who has not opposed a bill in the other house posed in jg ^q^ precluded from being heard upon his petition in the houses. House of Commons : * but the loeus standi of petitioners has been disallowed, where their opposition in the other house has been withdrawn, and they have consented to protective clauses.^ So, if the parties agree to abide by the decision of the committee in oile house, they will not be heard in the other : but it is otherwise, if they have not so agreed.^ Petitioners, having tendered a clause in the House of Lords, which was rejected by the committee, and then accepted two other clauses, with alterations suggested by them, were held not to be precluded from a hearing before the committee of the Commons, as the clauses they had accepted were of minor importance, and had only been acquiesced in con- ditionally upon the acceptance of their own clause, which had been rejected.'' Certain petitioners, who, having failed in opposing the preamble of a bill in the House of Lords, afterwards accepted protective clauses, have not been allowed > AldringtoD, Hove, and Brighton * Thames Subway Bill, 1866, Gas Bill, 1866, Smethurst, App. Smethurst, App. 162. 107. " lb. 95; 2 C. & R. 27; 1 K. & S. " Eadstock and Bath Railway Bill, 39 ; 1 lb. 200, per contra. 1865, ib. 17; 1 0. & R- 270. ' Whitehaven, Cleator, &o., Rail- » Metropolitan and Metropolitan way Bill, 1875 ; 1 0. & R. 200. District Railway Companies Bill, ' Waterfoid and Wexford Railway 1879, 2 ib. 193 ; 3 ib. 156 ; 1 R. & S. Bill, ib. 275. . . . 40. LOCUS STANDI. 741 Chapter to renew their opposition in the Commons.^ Previously to 1889, a petitioner against a bill originating in the House of Lords, who had discussed clauses in that house, was precluded from opposing the preamble of the same bill in the House of Commons : but this limitation has been removed by standing order No. 143A. In the case of the Devon and Dorset Eailway Bill, 1853, certain petitions were specially referred to the committee, with an instruction to hear the parties, who otherwise had no locus standi against the bill : ^ but the committee did not admit the petitioners to a general locus standi against the preamble of the bill, but restricted them within the scope of the allegations of their petition.^ It has been ruled that a petitioner whose petition alleges that his land is taken, and who prays to be heard against the preamble and clauses of the bill, may be heard against the bill generally, though his petition contains no allegation of injury or that the railway is unnecessary, or reference to the preamble except in the prayer of the petition.* A landowner, whose land was to be taken, has been held to have a general locus standi against an improvement bill, for widening streets, erecting slaughter-houses, &e.^ And it has further been held that a landowner has a general locus standi against an omnibus railway bill, however limited his interest.^ It has been held that the abstraction of underground water Abstrao- by a waterworks bill does not give parties, whose water ''°° °/ supply may be affected, a right to be heard.'' But where ' Local Government Provisional way Bill, 1868, 1 0. & S. App? 62. Order (Lower Thames Valley) Bill, 63, known as the " post case ; " Cale- 1877, 2 C. & E. 27. donian Eailway Bill, 1870, 2 ib. 37 ; ' 108 0. J. 572. 2 C. & E. 130 ; 3 ib. 481 ; E. & S. 67 » Suppl. to Votes, 1853, p. 1000. (petition of Marquis of Bute); 1 ib. * Eesolution of General Committee 117 (petition of Taff Eailway Com- of Eailway and Canal Bills, 1861 ; pany). Burntisland Direct Mineral Eailway ' Southport "Water Bill, 1867, 1 Bill, 1876, 1 0. & E. 207; 3 ib. 301; C. & S. 20, App. 13; Birkenhead Paisley Tramways Bill, ib. 457. Improvement Bill, 1867, ib. 22 ; * Liverpool Improvement Bill, "Windsor and Eton Water Bill, 1868, 1867, 1 0. & S. 19, App. 49; Bel- ib. 16; 2 ib. 199; 3 C. & E. 239; E. fast Improvement Bill, 1878, 2 C. & & M. 95 ; Chasemore v. Eichards, 4 K. 69; 1 ib. 158. L. E. Q.B.D. 104. " London and North "Western Kail- 742 LOCUS STANDL scientific evidence has been adduced to prove that the under- ground water flowed in a defined channel, the petitioners . have been heardA A hcus standi has been allowed where a conduit was proposed to be taken through part of the property of the petition^r.^ The right of owners of surface waters to be heard as landowners has long been established.* Numerous questions have arisen in regard to the locus standi of railway companies, in opposing bills for the amal- tion'fnu* g^'^^tion of other companies; and such laews stamdi has been a;dinitted*'or refused-,^ according to the degree in which the interests of the opposing companies have been affected.* In the case of the Edinburgh and <}la8gow, and Stirling and Dunfermline Railways Amalgamation Bill, the Stirling and Dunfermline Railway Company were not admitted to be heaird, on the ground that an agreemeut had been entered into between the companies for the settlementof all disputes, and that the bill had been amended in conformity with that agreement, and signed by the chairman of the two companies.' But a 'loous standi has been allowed to parties holding an ■agreement with the promoters, in order to secure themselves ■against interference with such agreement.^ And where it Chapter xxvni. Zocus standi \ against Special injury to be sho^wQ. ' 'London and TBouth 'Westerti Spring Water Bill, 1882, 3 O. & B. 179; ib. 385;; ib. 477. ' Bradford Water Bill, 1868, 1 C. &'S. 23; ib. App. 64; 1 0. & E. 63. " 1 C. & S. 24. * The London and North Western, Midland, Great Northern, and Man- chester, Sheffield, and Lincolnshire Junction -Eailway Companies were heard against the Lancashire and Yorkshire and East Lancashire Amal- gamation Bill, 1858, Minutes of Committees, i. 244. 245; the Great Western Railway Oompany ■were heard against the Cheater and Holy- head Eailway Amalgamation Bill, 1858, ib. i. 282; Caledonian and Scottish North Eastern Companies Bill, 1866, Smethurst, App. 163; 2 C. & K. 172. 243 ; 3 ib. 143. 145. 306 ; R. & M. 177. ' Manchester, Sheffield, and Lin- colnshire -Railway Oompany against the Chester and Holyhead Eailway Amalgamation Bill, 1858, Minutes of Committees, i. 282; Edinburgh and Glasgow Eailway Companies Bill, 1865'; and Brecon and Merthyr Tydfil Eailway Amalgamation Bill, 1865; Smethurst, App. 136. 138; Midland and Glasgow and South Western Eailway 'Companies Bill, 1867, 1 C. & S. 55, App. 72; 2 C. & E. 36-103. 299 ; 3 ib. 57. -58. 88. 107. 404 ; E. & M. 255. ' Vide Eeport of joint committee of Lords and Commons of 1872, on railway amalgamation. ' Minutes of Comrnittees, 1858, p. 385. ' Oxford, Worcester, and Wolver- hampton, and Newport and Aber- gavenny, &o., Eailways Amalgama- tion Bill, Minutes of Group 7, 1860. LOCUS STANDI. 743 Chapter appeared that the promoters were debarred by aa agreement L from executing the works proposed to be authorized by the bill, the committee decided that the bill could not be further proceeded with.^ The locus standi of petitioners against bills for the amalgamation of canal companies, of dock companies, of canal with dock companies, of canal or dock companies with railway companies, of tramway companies, of gas companies, and of water companies, has also been dealt with by the referees.^ The general ground upon which petitioners are admitted to oppose amalgamation bills is that the amalgamation itself will injuriously affect them, and not that they can show any grievance resulting from past legislation.^ It had formerly been held, as a parliamentary rule, that Compe- competition did not confer a loeus standi: but in course o^ ^''^""lao time this rule was considerably relaxed, and numerous exceptions were, in practice, admitted; and now competition is generally allowed to be a sufficient ground for a locus standi. The proprietors of an existing railway had no right to be heard upon their petition against another line, on the ground that the profits of their undertaking would be diminished : but if it were proposed to take the least portion Land- of land belonging to the company, their locus standi °"''"''^' immediately become unquestionable.* The result of this rule was that most of the great parliamentary comtests between railway companies were conducted in the names of landowners. Each company obtained the signatures of landowners to petitions against the rival scheme ; instructed counsel to appear upon them ; and defrayed all the costs of the nominal petitioners. An existing water or gas company Gas and was held to have no locus standi against a new company companies. ' Devon Central Eailways Bill, ways); 1 lb. 59 ; 2 ib. 307 (water). Minutes of Group 3, 1861, p. 90; ' Gloucester and Berkeley Canal North British Eailway (General Bill, 1874, 1 ib. 77 ; see also London Powers) Bill, 1881, Group 12, and South Western, Midland and Minutes of Proceedings, p. 2. Somerset and [Dorset Railway Bill, « 1 C. & E. 73 (canal); 3 ib. 15; ib. 240-247; 3 ib. 58. 97. 404. ib. 319 (docks) ; 1 ib. 28 ; ib. 112 * But see Monmouthshire Eailway (docks and railway) ; 2 0. &S. 218; and Canal Bill, Suppl. to Votes, 1 C. & E. 141 (gas) ; 3 ib. 38 (tram- 1852, pp. 283. 284. 744 IIOCUS STANDI. proposing to supply the same district, unless their property Chapter were taken or interfered with : but in later cases this rule 1 was not enforced/ and at present the invasion of their limits of supply by another company is he'ld to entitle them to a locus stcmdi? In 1853, the house agreed to a standing order, by which it was competent to the com- mittee of any private bill, and since 1865, to the referees, to admit petitioners to be heard against the bill, on the ground of competition, if they shall think fit; and in compliance with this order, committees and referees have since admitted, or refused, a hearing to petitioners, accord- ing to their opinion of the extent and directness of the competition, in respect of which their claim to be heard was founded.^ In cases where it was only proposed to improve an existing competition, alocus standi has not been allowed.* iippiica- It has been held that the promoters of a hond fide appli- i^wYhional cation to a government department for a provisional order order, shall be entitled to a locu^ standi against a bill for a com- loms peting scheme,conditionally only on the application not being tthn %. actually rejected before the h«aringof the bill in committee.^ Cotiipeti- '^^^ 'locus standi on the ground of competition, of a railway lion when company against a dock company, or mce ■versd,^ and of a grounci of railway company against a tramway company, has been ocuss an i. j,g£^gg^,^7 though, in the latter case, steam being the motive power of the tramway, the locus standi of the one against the other company has been allowed.® So also the pro- prietors of cabs have not, and proprietors of omnibuses plying 'between the same points as the proposed tramway have, been heard against a tramway bill ; ® the proprietor of a hotel against a railway company's bill, which authorized ' Great Central Gas Consumers' here quoted. Company Bill, 1850, Minutes. * '2 0. & E. 133. 279 ; S ib. 225. 2 2 0. & E. 229 ; ib. 251 ; 1 B.& S. 357. 378 ; E. & M. 118. 197. 31 (gas company against eleotiio " Barry Dock, &o., Extension Bill ; lighting) ; 3 C. & E. 109. 114. 383 ; 1 C. &-E. 234. 235 ; 3 ib. 100. 114. E. & M. 203. » 3 ib. 372. 373. 378. ' Vide C. & S. &e.Eeports. The ' 2'C. & S. 142; 1 C.-& E. 13. cases of competition are so numerous, ' 3 ib. 285. 455. 471. and depend so much on varying » 2 ib. 821 ; 1 0. & S. App. 120 ; oirourastanoes, that they are not 2 ib. 87 (omnibuses), liOCUS STANDI. 745 Chapter the company to build a hotel ; ^ and railway carriage and L locomotive makers against a bill under which a railway company took power to make its rolling stock ; ^ and gas and water fitters against a bill whereby the owners of gas or water undertakings sought to supply the fittings/ have all been refused a locus standi. A railway company having running powers over a line has Running been allowed to be heard against the concession of the same P"™'"' powers to another compauy:* but this precedent has not been followed by the referees, who have not allowed such com- panies to be heard against the granting of running powers and other facilities to other companies on this ground only;^ but where it has been alleged that this concession was for the purposes of amalgamation or for competition, the locus standi of the railway already possessing the running powers has been granted. In the case of the North Staf- fordshire Eailway Bill, 1867, however, the Lancashire and Yorkshire Railway Company, which had running powers over the line of the former company, established their right to be heard on the ground that the bill conveyed greater powers to the London and North Western Railway Company, almost amounting to amalgamation, to the injui-y of the petitioners as competitors.^ So also, in 1874, the Midland Railway Company were allowed to be heard against certain clauses in the London and North Western Railway (Wales) Bill, giving running and other powers over a branch of the Monmouthshire Railway ; ' and, in 1875, the London and North Western Railway Company were heard against the Metropolitan Railway Bill, which provided for the continuous use and joint management of several lines, for purposes of through traffic, in competition with the line of the petitioners.^ 1 3 C. & E. 23. ' Smethurst, .56, et seq. ; 1 C. & E. 2 2 ib. 50. i'72 ; 3 ib. 57. 88. 89. 267. 299 (East- ' 3 ib. 131. bourne Eailway Bill) ; 1 E. & S. 3. * Garston and Liverpool Eailway * 1 0. & S. App. 102. Bill, Group 13, 1861 ; resolution of ' 1 C. & E. 96. general committee on railway and ' Ib. 173. canal bills, 1861. 746 LOCUS STANDI. Steam- A Steamboat company has been refused a hearing against ' Chapter the preamble of a bill empowering a railway company to 1 raise further capital for the maintenance of steamboats, the railway company being already proprietors of steamers, under the authority of a former Act.^ By standing order No. 135 — Tramways. " The owner, lessee, or occupier of any house, shop, or warehouse in any street through which it is proposed to construct any tramway, and who alleges in any petition against a private bill or provisional order, that the construction or use of the tramway proposed to be authorized thereby will injuriously affect him in the use or enjoyment of his premises, or in the conduct of his trade or business, shall be entitled to be heard on such allegations before any select committee to which such private bill or the bill relating to such provisional order is referred." And the loeus standd of these petitioners, familiarly known as " frontagers," has in numerous cases been allowed or dis- allowed by the court of referees : but it has been ruled that the standing order is not necessarily confined to an obstruc- tion in front of a petitioner's house, it being open to him to show that the proposed tramway will affect his interests.^ The rights of petitioners have been further extended by the following standing orders : — In what cases rail- way com- panies to be heard. S. 0. 133. Municipal authorities and in- habitants of townii, &c. 8. 0. 134. " Where a railway bill contains provisions for taking or using any part of the lands, railway, stations, or accommodations of another company, or for running 'engines or carriages upon or across the same, or for granting other facilities, such company shall be entitled to be heard upon their petition against such provisions or against the pre- amble and clauses of such bill." ' "It shall be competent to the referees on private bills to admit petitioners, being the municipal or other authority having the local management of the metropolis, or of any town, or the inhabitants of any town or district alleged to be injuriously affected by a bill, to be heard against such bill, if they shall think fit." ' LondoB, Chatham, and Dover Kailway Bill, 1861, Minutes, i. 42. 3 C. & K. 415 ; E. & M. 100. 241. 251, yer ■contra; 1 R, & S. 115. 195. 197. = 3 C. & E. 73. 103. 105. 185. 224. 242 ; E. & M. 8. 125. 268. ' See leading case df Caledonian Eailway (Additional Powers) Bill, 1872 ; 2 0. &:S. 256 ; in which and the following cases an unlimited or land- owner's locus standi was allowed : 3 C. & E. 136. 201. 367. 481 ; E. & M. 89. 139 (Cathoart Eailway Bill), 31 1 ; 1 E. & S. 117. A " limited " locus standi was allowed in the following cases : 3 C & E. 142. 177. 326. 341 ; E. & M. 252 ; 1 E. & S. 11. 152. LOCUS STANDI. 747 Chapter " The municipal or other local authority of any town or district, Local au- alleging in their petition that such town or district may be injuriously '}>o"t'es, affected by the provisions of any bill relating to the lighting or water and water supply thereof, or the raising of capital for any such purpose, shall be bills, entitled to be heard against such bill." ^- ^- 134A. " It shall be competent to the referees on private bills to admit the County petitioners, being the council of any administrative county or county council borough, the whole or any part of which is alleged to be injuriously aff^t'ed by affected by a bill, to be heard against such bill, if they think fit." bill. " The council of any administrative county alleging in their petition ^- ^- 134B. that such administrative county, or any part thereof, may be injuriously council aflfected by the provisions of any bill relating to the water supply of against a any town or district, whether situate within or without such county, water bill, shall be entitled to be heard against such bill." ^- ^- ^^*^ And these orders relating to lighting and supply of water have superseded several previous decisions of the referees; and, in short, remove such cases from their jurisdiction.^ Petitioners claiming to be heard under the four latter standing orders must distinctly allege that the county, county borough, town, or district will be injuriously affected, and must be prepared to show some jorimd facie ground for such allegation.^ In some cases corporations have been heard as representing the whole body of merchants, traders, workmen, and others, residing in a borough.^ In- the case of petitions from the inhabitants of a town, it must also be shown that they fairly represent the general body of inhabitants.* Numerous decisions of the referees arising out of the application of this standing order have established the general grounds upon which such bodies are entitled to be heard: but the cases have varied so much in their circumstances, that no analysis of them would be adequate for the practical guidance of parties.^ It has been held that when a corporation has petitioned against a bill, and ' See Dudley 'Gas Bill, 1881, 8 0. 133. & K. 40 ; Fylde Water Bill, ib. 54 ; ' Gun Barrel troof Bill, 1868, C. BirmiEgham Corporation Bill, 1883, & S. 57, App. 136; E. & S. 34. 104. 3 ib. 257. 292. 380; R. & M. 127. * Smethurst, 75. 76; 1 C. & S. 85, 167, per contra. et eeq. ; -2 C. & E. 78 ; 3 ib. 382. 442:; ' Smethurst, 71-75 ; 2 0. & E. 115 ; R. & M. 110 ; 1 E. & S. 72. 3 ib. 97. 117. 213. 223. 360. 450; E. > See 1 C. & S. 84-102; 1 C. & E. & M. 110. 173 (rates), 187. 1&7. 22. 30. 214. 227 (rates), 268 ; 1 E. & S. 72. 748 LOCUS STANDI. also the inhabitants of the borough, that the latter were Chapter represented by the former, and were not entitled to he '_ heard.i Consumers In many cases, consumers of gas and water have been water. ^"^ admitted to oppose gas and water bills affecting their area of supply.^ But where the petitioners were only affected in common with other ratepayers, they have failed to establish their claim.^ Residents in a new district, proposed to be supplied with gas, have no locus standi, as they are not com- pelled to use the gas which will be supplied, nor ies.trained from manufacturing their own.* Share- -A- ground of objection fre(juently taken to the hem standi or'other °^ petitioners is that they are shareholders or members of persons re- gome Corporate body by whom the bill is promoted, and presented. . J J r ' that, being legally bound by the acts of the majority, they are precluded from being heard as individual petitioners. Cases cited. This objection was argued at great length in the case of the Birmingham and Oxford Junction Eailway Bill, in 1847, when the committee ^ decided that shareholders in the com- pany were not entitled to be heard. Again, in the London, Brighton, and South Coast Eailway Bill, in 1848,® it was determined "that the general rule, that in the case of a joint-stock company the decision of the majority is binding •on the minority, ought to be observed, and that the minority of the shareholders in this case had no locus standi before ■the committee." In 1850, the committees on the Shrewsbury and Hereford, and Shropshire Union, &c., and the Waterford and Kilkenny Railway Bills,'' determined that dissentient shareholders could not be heard. With very few exceptions,^ however, it had been the rule, in the Commons, not to hear dissentient ■ King's Lynn Gas Bill, 2 0. & ° Sir E. Poel, chairman ; Suppl. to S. 5. Per contra, 1 C. & E. 16; 2,ib. 52. "Votes, 1848, p. 309. == 1 C. & B. 16. 135. 142. 143. 213 ; ' lb. 1850, pp. 41. 43. 75. 182. 2ib. 10; 3 ib. 40. 118; E. & M. 12 » Manchester Cemetery Bill, 1848, (water), 137. 191 (gas) ; 1 E. & S. 53. Minutes of Committee, p. 136 ; = 1 C. & E. 144. South Yorkshire Eailway and Eiver • Ib. 267; 2ib. 78. JBunn Bill, 1852, Suppl. to Votes, ' Mr. Goulburn, chairman ; Suppl. 1852, p. 298 ; North British Eailway to "Votes, 7th May, 1847. Bill, 1853, ib. 1853, p. 716, &c. LOCUS STANDI. 749 Chapter shareholders, unless they had any interest different from that XXVIII. L of the general body of shareholders.^ And in 185S, the house declared by standing order No. 131 that — " Where a bill is promoted by an incorporated company, shareholders of such company shall not be heard against such bill, unless their interests, as affected thereby, shall be distinct from the general interests of such company." ^ In 1867, the referees decided that the Great Eastern Eailway Company were not entitled to be heard against the Tendring Hundred Eailway Bill, on the ground that they were holders of shares in a portion of the company's capital, and that they failed to esta,blish an interest distinct from that of the general body of the shareholders ; ^ and later decisions of the referees have been founded, in each case, upon the nature of the interest of the petitioners, and the manner in which it is affected by the provisions of the bill.* But in 1876, by standing order No. 132 — "In case any proprietor, shareholder, or member of or in any com- Dissentiout pany, association, or co-partnership, shall by himself, or any person share- authorized to act for him in that behalf, have dissented at any meeting ""'"J^'''- called in pursuance of standing orders Nos. 62 to 66, or at any meeting called in pursuance of any similar standing order of the House of Lords, such proprietor, shareholder, or member shall be permitted to be heard by the committee on the bill, on a petition presented to the house, such petition having been duly deposited in the Private Bill OfBce." ° For many years prior to its adoption by the Commons, Rule in the a similar rule prevailed in the Lords; and shareholders who had dissented from the bill at the meeting called in pur- suance of the Wharncliffe order (see p. 796) were expressly permitted to be heard, and were even heard without such dissent. In the case of preference shareholders, the Com- preference mons had been obliged to depart from their usual practice.^ hoMers. ' Suppl. to Votes, 1847, ii. pp. » 3 0. & R. 446; R. &M. 52. 199; 1110. 1254 ; 1848, pp. 309. 398 ; 1 850, 1 E. & S. 26. pp. 72. 75; 1851, pp. 111. 115. 300. = South EaBtern (3 and 4 shares), 371; 1852, p. 298; 1853, p. 1013. 1850, Suppl. to Votes, pp. 165. 195; ' 3 C. & E. 77. South Devon Eailway Bill, ib. p. 33 ; ' 1 C. & S. 8, App. Shropshire Union, &o., Bill, ib. pp. * Ib. 103 ; 1 C. & E. 43. 51. 89. 72. 73; York, Newcastle, and Ber- 102 ; 2 ib. 101. 169. 273 ; 3 ib. 91 ; wiok Bill, ib. p. 102. E. & M. 155. 162. 225. 750 LOCUS STANDI. The proprietor of preference shares has a special interest. Chapter ^ xxvin. often opposed to that of the general body of shareholders, and justice requires that he should not be excluded from a hearing.'^ Yet, when it has appeared to the committee that preference shareholders had not such a special interest in the bill as to entitle them to be heard, their claim has not been admitted.* The holders of " creditors' stock " have been refused a hearing against a railway bill ; and the committee declined to reconsider their decision.^ It has been held that shareholders who dissented at a Wharncliffe meeting were not entitled to be heard, because the meeting, though held, had been unnecessary under the standing orders.^ Preference shareholders have been allowed a limited hew standi against the capital clauses of the bill, and against so much of tbe preamble as related thereto.^ In the Queensferry Passage Bill, in 1848, it was decided that individual trustees of the Queensferry passage could not be heard against the bill, promoted by the general body of the trustees.^ In 1857, it was held that the vestry of St. George's, Hanover Square, was not entitled to be heard against the Finshury Park Bill, on the ground that the vestry was represented in tbe Metropolitan Board of Works, by whom that bill was promoted.' And in 1858, merchants, shipowners, and dock ratepayers of Liverpool- were not admitted to be heard against the Mersey Docks and Harbour (New Wo2-ks) Bill, on the ground that they formed part of a body represented by the trustees, who were the promoters of the bill.^ In 1865, the vestry of Bermondsey were refused a hearing £|,gainst the Whitechapel and Holbovn Improvement Bill, as being represented in the Metropolitan ' London and North Western Bail- * Bedditch Railway (Capital, &o.) ■ff^y (New LineB) Bjll, 1875, 1 0. & Bill, Group 16, 1862 ; B. & M. 259. B. 167 ; 2 ib. 169 ; 3 ib. 77. ' Caledonian Railway Bill, 1872, 2 « Suppl. to Votea, 1855, p. 259. C. & S. 258. ' Eastern Union Railway Bill, " Minutes of Committee, 14tU ib. 1856, i. p. 55. A holder of April, 1848. Lloyd's bonds has been heard against ' Minutes of Committee, arailwayoompany'sbillby which his ' Minutes of Committees, 1858, security was affected, 1 E. & S. 28. vol. 11. p. 117. LOCUS STANDI. 751 Chapter Board of Works, the promoters of the bill.* In 1871, the XXVIII p 1 referees determined, in the case of the Ilkley Local Board Bill, that certain petitioners, being owners of property and ratepayers, could not be heard against the bill, being repre- sented by the local board, by whom the bill was promoted.^ In the same year, in the case of the Bristol Port and Channel Dock Bill, promoted, among others, by the corporation of Bristol, it was held that such petitioners only as were owners of property in Bristol, and not municipal electors, were entitled to a hearing.* But in 1872, in the case of the South London Gas Bill, it was decided that vestries, district boards, and individual consumers, as well as the Metropolitan Board of Works, were entitled to be heard.* In the same year, it was ruled, in the case of the Metropolitan Street Improvements Bill, promoted by the Metropolitan Board of Works, that vestries, public bodies, and ratepayers, represented at the board, although their interests were divided, had no hens standi, and could not be heard against the common seal.^ In 1876, it was held, in the case of the Chesterfield Special Borough Improvement and Extension Bill, that owners and '"'^"^'^ occupiers outside the borough, who would become liable to new taxation under the bill, were entitled to be heard ; that ratepayers within the borough, being represented by the corporation who promoted the bill, could not be heard against the common seal ; but that certain petitioning owners, who were not ratepayers, having no voice in the election of the corporate body, were entitled to a locus standi.^ And, in the Huddersfield Water and Improvement Bill, 1876, it was decided that owners within municipal limits, when a new liability is to be imposed upon them, are not represented by the corporation, nor need they petition as a class. Each owner has a grievance affecting his individual property, and consequently a distinct locus standi.'' In the Newcastle- under-Lyme Extension and Improvement Bill, 1877, it was ' Smothurst, App. 187. B- 9. 268; 3 ib. 256. 376. 382; E. & « 2 C. & S. 97. M. 73. 110. ' lb. 121. « 1 0. & E. 211 ; E. & M. 76. 78. « lb. 220. ' 1 0. & E, 229 ; 2 ib. 149 ; ib. ' Ib. 265 ; other cases : ib. 6 ; C. & 233 ; E. & M. 78. 752 INFOEMALITIBS IN PETITIONS. ruled that the interests of the inhabitants of a parish, to be chapter merged in the borough, were distinct from those of the L guardians, and that owners also were entitled to be heard.^ Infor- Objection is often taken that a petition is informal, ac- malities in petitions, coruing to the rules and orders of the house applicable to petitions generally (see p. 496), or as specially applicable Common to petitions against priyate bills. In the Glasgow Gas Bill, 1843, an objection was taken that the seal attached to a petition was not the corporate seal of a company; and when this was proved to be the case, all the evidence in support of the petition was ordered to be expunged.^ On the 7th May, 1847, a motion was made that it be an instruction to the committee on the Great Northern Eailway Bill, that they do entertain a petition, signed by the chair- man of a company, as the petition of that company, although it does not bear the corporate seal of the company, but was negatived.^ In the Worcester New Gas Bill, 1848, a petition was not received, as not having been legally sanctioned by the commissioners, whose petition it purported to be.* And in 1866, the referees refused a hearing to the commissioners of Bray against the Bray Improvement Bill, as the meeting at which their petition had been signed was proved not to have been duly convened.^ In 1857, in the East Somerset Railway Bill, the committee refused to entertain a petition signed by one trustee of a turnpike road, the Act requiring three signatures ; ^ and in 1866, the referees applied the same rule to petitioners against the Thames and Severn Navigation Bill and the Birmingham Waterworks Bill.'' In the case of the Caledonian Railway (Edinburgh Stations) Bill, 1866, the referees refused a hearing to petitioners who had subscribed the petition for other parties.^ But in the case of the Sligo Borough Improvement Bill, the referees allowed the Sligo town and harbour commissioners to be heard, on a petition signed » 2 C. & E. 47 ; E. & M. 77. « Minutes of Committees, 1857, i. ' Minutes of Committee. p. 141. » 102 C. J. 490. ' Smethurst, App. 97. * Minutes, p. 63. » lb. 89. • Smethurst, App. 174. PETITIONS NOT SPECIFIC. 763 Chapter by the major part of a committee appointed by the govern- L ing body to direct the proceedings in reference to the opposition to the bill.^ Petitioners have failed to secure a hearing before a committee, on account of forged signa- tures to their petition.^ But the court of referees will not inquire into the genuineness of signatures,^ or into the legality of the corporate seal, these questions being for the consideration of the house.* In 1874, a petition signed by the chairman of the Neath Authority Harbour Commissioners was held not to be the petition of °'^°' the commissioners, as it contained no allegation of his authority to sign on their behalf.^ But the petition of a committee of poor law guardians, acting as a rural sanitary authority, signed by their chairman, under a resolution of the sanitary authority, has been admitted, as it appeared that the guardians, in that capacity, had no common seal.® In 1877, a petition signed by several Derbyshire magis- trates, who had been appointed a committee by the quarter sessions, for that purpose, was not entertained, as it con- tained no allegation that they had been authorized, either by the quarter sessions or the committee, to sign it.'' The directors of a shipping company have been heard, upon their petition, without any special authority from their company.^ A landowner has been allowed a hearing upon a petition signed by his agent, who had a general power of attorney for the administration of his estates,® But evidence of authority to sign without a power of attorney is insufficient.^" It may also be objected that petitions do not distinctly when pe- specify the grounds on which the petitioners object to the specmc!"' s. 0. 128. • 1 C. & S. App. 7. wardens authorized to sign at public ' Glasgow Municipal Extension meeting, 1 E. & S. 163 ; 3 C. & B. BiU, 1879. 316. » 1 C. & E. 119 ; 2 lb. 821. ' 2 ib. 5. 7. • Sib. 256. Blackrook, (fee, Tram- » Ib. 25. 261 ; 3 ib. 316; E. & M. way Bill, 1883, 137 0. J. 81 (see p. 14. 497). ' Grlasgow, Bothwell, &c., Eailway • " 1 C. & E. 117. Bill, 1874 ; 1 C. & E. 72. Uppingham Water Bill, 1876,ib. '° 3 ib. 155. 272 ; also case of vicar and ohurch- P, 3 754 PETITIONS NOT SPECIFIC. bill. An obieetion of this nature may be fatal to the peti- Ohipter XXVlIli tion ; as, for example, if the referees determine that the L grounds there stated do not amount to an objection to the preamble of the bill.^ Unless petitioners pray to be heard against the preamble, they will not be entitled to be heard, nor to cross-examine any of the witnesses of the promoters upon the general case, nor otherwise to appear in the pro- ceedings of the committee until the preamble has been disposed of. Nor will a general prayer against the pre- amble entitle a petitioner to be heard against it, if his interest be merely affected by certain clauses of the bill.^ The proper time for urging objections to parties being heard against the preamble is when their counsel or agent first rises to put a question to a witness, or to address any observations to the committee. Petitioners have been heard against the preamble of a bill, though the word " preamble " was not in the prayer of their petition, their intention being clearly shown by the context.* In some cases, the referees, having allowed a loous standi on some of the allegations of a petition, have left the relevancy of other allegations for the determination of the committee.* In 1858, the ofBce of works and public buildings was refused a hearing against the Victoria Station and Pimlico Railway Bill, as the board had not deposited a petition against the bill, by which the promoters might have been Names made acquainted with the grounds of opposition.^ Where withdrawn ^^^ ^^^ p£ three petitioners had withdrawn their opposition from peti- '■ _ * *• tions. to a bill, and the agent for the petition did not appear, but the remaining petitioner appeared before the committee by another agent, whom he had appointed, it was held that he was entitled to be heard.^ Petitions On the 16th -February, 1865, it was ordered "that on against bills to be printed. ' Suppl. to Votes, 1848, p. 322; ib. 1850, pp. 45. 199, &o. 1849, p. 173; 1851, pp. 103. 108. 109. » Minutes of CommitteeB, 1856, i. 110 ; Minutes of Committees, 1857, p. 65. ii. p. 707 ; ib. 1858, i. p. 142 ; 1 0. & M 0. & H. 47 ; 2 0. & E. 130. B, 22. 201 ; 3 ib. 50. 81.442 ; E. & M. ' Minutes of Committees, 1858, i. 212. ISO. " Suppl. to Votes, 1843, p. 131 ; » Ib. 1856, i, p. 50. BILLS OPPOSED AND UNOPPOSED. 755 Chapter every private bill to be considered by a committee of this L house, all petitions which stand referred to such committee, if not previously withdrawn, be printed at the expense of the petitioners, and copies of such petitions, together with a copy of the bill to be considered, be delivered to each member of the committee on the morning of its first sitting." 1 If no parties appear on the petitions against an opposed When op- bill, or, having appeared, withdraw their opposition before 1°^^^ ' ^ the evidence of the promoters is commenced, the committee ^^^^^^^ "^ ■^ _ unopposed. is required to refer the bill back, with a statement of the s_ o_ i3e_ facts, to the committee of selection, or, if a railway, tramway, tramroad, subway, or canal bill, to the general committee, who deal with it as an unopposed bill. And, on the other when un- hand, if the chairman of ways and means informs the house ["'^^ *""^ that any unopposed bill should, in his opinion, be treated as treated as , opposed, opposed, it is again referred to the committee of selection, ^ q gg^ or the general committee, and dealt with accordingly; or an instruction is given to the committee on the group to sit and proceed with the bill.^ In 1855, the Westminster Land Company Bill was at once added to a group of private bills, by order of the house, without the intervention of the com- mittee of selection ; and an instruction was given to the committee on the bill to sit and proceed forthwith.^ The committee on each group of bills is to take first into Order in consideration the bill or bills named by the committee of ^^l"}^}^^ selection, or by the general committee ; and is to appoint ^jiiered by the day for considering each of the other bills, and on mittee. which they will require the parties promoting and opposing ^- ^- ^^s. to enter appearances; and the committee clerk is to give at least two clear days' notice of such appointment, in the Private Bill Office ; and in case the committee shall postpone the consideration of any bill, notice is given of the day to which it is postponed. Before this arrangement was made, in 1849, all the parties concerned in the various bills com- ' 120 C. J. 69. 144 ib. 309. 2 125 ib. 72; 126 ib. 218; Liver- " 110 ib. 279. pool, &o., Insurance Company's Bill, 756 PEOYISIONS TO BE INSERTED. prised in the same group were required to enter appearances Chapter on the first sitting of the committee ; and although the bills '- were wholly unconnected in regard to locality or interest, the parties promoting and opposing one bill were detained, at enormous expense, while other bills were under considera- tion. It is the usual practice of committees to consider the several bills in a group, according to the order pre- scribed by the printed list; and this practice will not be departed from, unless sufiScient grounds be shown for a Copies of different arrangement of the business.^ Copies of the bill be laid ^s proposed to bs submitted to the committee, and signed m'^mbeis ^^ ^^^ agout, are to be laid before each member, at the first s. 0. 138. meeting of the committee. Provisions It is the duty of every committee to take care that the serted in scveral provisions required by the standing orders of the suint to'' ^°"^®' *° ^® inserted in private bills, are included in them standing wherever they are applicable ; such as clauses for the safe custody of monies, for the payment of interest out of capital, and audit of accounts in bills authorizing the levy of fees, tolls, or other rate or charge ; and for defining the level of roads, and otherwise protecting them, when altered by the construction of any public work, and for providing new dwellings for the labouring classes in case of the houses occupied by them being taken for the purposes of any work. gg^_ The constitution of committees on unopposed bills has CommUteet mittees on already been described : but a short reference to their "" """P- nnopposed . , .,., ., posed bills, bills. functions will be convenient in this place, to avoid any see pp. 716. Special interruption in stating such orders of the house as apply orders and equally to both classcs of committees. The chairman of rules. ■■• ■' ways and means, and one of the two other members of the committee, or a referee, are a quorum; and unless the chairman be of opinion that the bill referred to them should be treated as an opposed bill, they proceed to consider the preamble, and all the provisions of the bill, and take care that they are conformable to the standing orders. The chief responsibility is imposed upon the chair- man, who, being an ofiScer of the house as well as a member, ' Minutes of Committees, 1856, vol. H. p. 137; ib. 1857, vol. ii. p. 634. COMMITTEES ON PEIVATB BILLS, 757 Chapter is entrusted, as already stated, with the special duty of examining, with the assistance of Mr. Speaker's counsel, every private bill, whether opposed or unopposed (see p. 721). As there are no opponents of the bill before the com- Duties of mittee, the promoters have only to prove the preamble, to *^^it°^' the satisfaction of the committee, by the production of the necessary evidence, and by such explanations as may be required of them ; and to satisfy the chairman, and the other members, of the propriety of the several provisions ; that all the clauses required by the standing orders are inserted in the bill ; and that such standing orders as must be proved before the committee have been complied with. If it should appear that the bill, from its character or s. o. 83. other circumstances, ought to be treated as an opposed bill by a more public tribunal, the chairman reports his opinion to the house, and the bill is referred to the committee of selection, or the general committee, who deal with the bill accordingly.^ There are various orders of the house which are binding Orders re- npon all committees on private bills, and others which 'ju'^^,*." relate only to particular classes or descriptions of bills. It {°jf'^^^ "^ is proposed to state these in their order ; and afterwards to whether describe the ordinary forms observed in the hearing of uuopp^oseX parties, their counsel or agents, the settlement of the clauses, and the making of amendments. All reports made under the authority of any public Reports department upon a private bill, on being laid before the dTiSTn" '" house, stand referred to the committee on the bill ; and """'? ^^- ' ferred. whenever any recommendation has been made in such a s. o. 212. report, the committee are required to notice it in their ^73^^^^" report, and to state their reasons for dissenting, should such recommendation not be agreed to. And orders have been made, directing the board of trade to present a report upon the railway and canal bills of the session ; and upon the ' Waterford and Limerick Eailway 587; King's Lynn Gas Bill, 1870; Bill, 1850 ; South Eastern Eailway South Essex Eeclamation Bill, 1871 (3 and 4 shares) Bill, 105 C. J. 133. (see p. 755). 281; Chard Railway Bill, 108 ib. 758 COMMITTEES ON PEIVATE BILLS. bills for harbours, docks, and navigations ; ^ and to report Chapter upon certain railway bills only.^ Latterly, a copy of the '- report of the board of trade, upon all the railway, canal, tramway, gas, electric lighting, water bills, and provisional orders of the session, has been ordered to be laid before the house ; ^ and in pursuance of standing orders, presently to be noticed, other reports are made by the board, other On the 10th May, 1858, a report and correspondence with referred! ^ ^^^ office of works and public buildings were referred to the committee on the Victoria Station and Pimlico Eailway Bill ; and the committee reported that they had made provision, requiring that the approval of the first com- missioner of works should be given to a certain portion of the work.* On the 19th June, 1854, the Lords referred an admiralty report to the committee on the York, Newcastle, and Berwick Railway Bill, with an instruction to hear the board of admiralty, by their counsel and witnesses, in reference to the bill.^ The minutes of evidence taken before committees on bills, in former sessions, are frequently referred to committees on bills.^ Names of The namos of the members attending each committee are ra*eredin entered by the committee clerk in the minutes ; and when a minutes, division takes place, the clerk takes down the names of the members, distinguishing on which side of the question they respectively vote ; and such lists are to be given in, with the report, to the house. What The committee are precluded from examining into the ordcis°t^ compliance with such standing orders as are directed to be be inquired proved before the examiners, unless by special order from the house.'' Such an order is only given when the house, on the report of the standing orders committee, allow parties to proceed with their bill, on complying with certain > 112 0. J. 128; 117ib. 42. ' See Minutes of Committee on ' 122 ib. 23. 102. 110; 16th May, Belfast and West of Ireland Railway 1873. Bill, Suppl. to Votes, 1854, p. 506; * 132 ib. i, &e, Belfast and County Down Eailway * 113 ib. 161. 166. Bill, ib. p. 581 ; Dublin Central « 86 L. J. 256. Tramways Bill, 1877, 132 0. J. 366. « 112 C. J. 156. 173. 205. 235 ; 122 378. 399 (increase of estimate to be ib. 221. the subject of additional provision). RAILWAY, &0., BILLS. 759 xxvill ^^^^'^^^S orders which they had previously neglected. In ordinary cases, it has been customary for the committee on the bill to inquire whether the orders of the house have been complied with, instead of referring that matter to the examiner : but when any special inquiry in reference to the standing orders has been necessary, the matter has been referred to the examiner instead of to the committee ; and his certificate has been produced before the committee.^ Proof ly Compliance with such orders may be proved before the Proof of sMp.'ese. committee, by afBdavits sworn in the same manner aSby^ffidavH. affidavits produced before the examiners. The committee s. o. 142. may also admit proof of the consents of parties concerned in interest in any private bill, by affidavits sworn in the same manner, or by the certificate in writing of such parties, whose signatures are to be proved by one or more witnesses, unless the committee require further evidence. In all bills for carrying on any work by means of a com- Provision pany, commissioners, or trustees, provision is required to be payment°ff made for compelling subscribers to make payment of the ^ubscrip- sums severally subscribed by them. ^ q. lu. Eailway bills have been the most important class of private Railway bills in modern times, and there are numerous standing ' ^' ■ orders applicable to them, to which the particular attention of the committee on every railway bill, and of the promoters and opponents of such bills, should be directed. By these standing orders, (1) particular matters for the investigation of the committee are pointed out ; (2) certain fixed principles of legislation are laid down, from which the committee, except in special cases, will not be justified in departing ; and (3) particular clauses are required to be inserted. 1. Whether the bill be opposed or unopposed, the pro- moters, in proving the preamble of a railway bill, must be prepared with sufficient evidence to satisfy the committee, and enable them to report to the house the matters specially referred to their consideration ; and the reports should be carefully prepared by the promoters of the bill. • Dublin Improvement, and Great 0. J. 76. 81. 84 ; Metropolis Manage- Northern Railway Bills, 1849, 104 ment Bill, 1893. 760 BAILWAY, &C., BILLS. Matters to be specially reported. S. 6. 157. When the standing orders do not apply. Restric- tions on loans. 8. 0. 153. Ascent of roads. S. 0. 154, Fence to bridges. Level crossings. S. 0. 155. The committee are to report specially whether any report Chapter from any public department has been referred to the com L mittee, and if so, in what manner its recommendations have been dealt with by the committee ; and whether the railway is intended to cross on a level any railway, turnpike-road, or highway. The committee are also to report any other circumstances which, in their opinion, the house should be informed of. Some of these orders for a special report are often inapplic- able ; and, in such cases, the committee state in their report their reasons for considering that any of them do not apply to the bill, and report upon the others. 2. The principles of legislation to be observed by the com- mittee on a railway bill are as follows : No company is to be authorized to raise, by loan or mortgage, a larger sum than one-third of its capital ; ^ and until fifty per cent, on the whole of the capital has been paid up, the company is not to raise any money by loan or mortgage. Where the level of any road is to be altered in making a railway, the ascent ef a turnpike-road is not to be more than one foot in thirty ; and of any other public carriage-road not more than one in twenty ; unless a report from an officer of the board of trade shall be laid before the committee, and unless the committee, after considering such report, and examining the officer, if they disagree with this report, shall recommend steeper ascents, with the reasons and facts upon which their opinion is founded, A sufficient fence of four feet, at least, is to be made on each side of every bridge which shall be erected. No railway is to be made across any railway, tram- way, tramroad, or other public carriage-road, on the level, unless the report of some officer of the board of trade shall be laid before the committee, and unless the committee, after considering such report, and examining the officer, if they disagree with his report, shall recommend such level cross- ing, with the reasons and facts upon which their opinion is ' Many Irish railway oompaniea have been authorized to borrow an amount equal to half the capital. Ballymena and Lame Bailway Bill, 1885 ; Bray and Inniakerry Railway Bill, 1886; Kingstown and Kings- bridge Junction Bill, 1887. RAILWAY, &C., BILLS. 761 S*vill ^'°"^'^^*1 ; ^^^ i^ every clause authorizing a level crossing, the number of lines of rails is to be specified. No railway company is to be authori zed to construct or Acquiring enlarge, purchase or take on lease, or otherwise appropriate p°er''s''&e. any dock, pier, harbour, or ferry, or to acquire and use any s. 0. 156. steam-vessels for the conveyance of goods and passengers, or to apply any portion of their capital or revenue to other objects, distinct from the undertaking of a railway company, unless the committee report that such restrictions ought not to be enforced, with the reasons and facts upon which their opinion is founded; and where a committee has failed to report specifically such reasons and facts, the bills have been recommitted for that purpose.^ No powers of purchasing, hiring, or providing steam- steam. V6SS6ls vessels are to be contained in a railway bill, by which other „ powers are sought, except when the transit of such steam- vessels is required to connect portions of railway belonging to, or proposed to be constructed by, such company. For The committee are to fix the tolls and determine the Committee^ amendment . , o ^ p .i /. i i to fix tolls of s. 0. maximum rates oi charge, tor the conveyance ot goods and and p^ssr^See passengers ; or are to make a special report, with their report ''•'"S^^- also s. 0. of the bill, explanatory of the grounds of their omitting to ' ' 765. ' determine such maximum. In the case of any bill relating to a railway, tramway, increase of canal, dock, harbour, navigation pier or port, seeking powers '^*'^^' "■ as to tolls, rates, or duties in excess of those already autho- rized, the bill is not to be reported by the committee until a report from the board of trade on the powers so sought has been laid before them, and the committee are to report specially in regard to the recommendations contained in the report of the board of trade. And in furtherance of the objects of this standing order, bills have been recommitted.^ In 1882, the general committee on railway and canal bills also recommended the insertion of clauses regulating tables ' Great Eastern and North British 1892. Railway Bills, 16th July, 1863 ; Cale- ' Exeter, Teign Valley, and Ohag- donian Railway (Ediaburgh Station) forJ Railway ; Windsor, Ascot, and Bill, 1866; East London Railway Aldershot Railway, 2ith May, 1883. Bill, 1870 ; Southampton Docks Bill, 762 RAILWAY, &C., BILLS. of rates on goods. Under the Eailway and Canal Traffic chapter XXVIII, Act, 1888, proTisional orders may be granted for fixing 1 altered, S. 0. 161. railway rates for merchandise (see p. 657). Abandon- In the case of a bill for the abandonment of a railway, tram- raiiway, Toad, tramway, or subway, or any part thereof, and the release "■ of any deposit money impounded as a security for comple- ' tion, the committee have to report specially in regard to the recommendations contained in the report of the board of trade on the subject, which shall be presented to the house. Preference No railway Company is to be authorized to alter the terms dividends . .... ■,••■,-,■, not to be oi any preference, or priority of interest, or dividend, unless the committee report that such alteration ought to be allowed, with the reasons on which their opinion is founded, together with the number of preference shareholders who have assented to or dissented from such alteration.^ Matters to No powers of purchase, sale, lease, or amalgamation are before to be given to railway companies, unless, previously to the trad^ °^ application to Parliament, certain matters connected with the 8. 0. 163. capital of such companies be proved to the satisfaction of the board of trade.^ Company No railway company is to be authorized, except for the guarantee execution of its Original lines sanctioned by Parliament, to untnTom- gii^'rantee interest on any shares which it may issue for pletionof creating additional capital, or to guarantee any rent or S. 0. 164. dividend to any other railway company, until such first- mentioned company has completed and opened for traffic its Limitation Original lines. In bills for the amalgamation of railway onTmar- Companies, the amount of capital created by such amalgama- gamation. ^j-j^jj jg jjj jjq ^.g^gg ^Q exceed the sum of the capitals of the S. 0. 165. -1x1 companies so amalgamated. Additional In biUs for empowering a railway company to purchase purchasing ^^7 Other railway, no addition is to be made to the capital a railway, ^f ^j^g purchasing Company, beyond the capital of the rail- way purchased j and in case such railway is to be purchased • See also infra, p. 764. board of trade has been produced. ' A clause has sometimes been in- Boseneath and Fishguard Kailway sorted in bills for this purpose, bus- Bill, 1881 ; London and South West, pending the operation of the ,power em Railway Bill, 1883. of transfer till the certificate of the TEAMWAY BILLS. 763 Chapter at a premium, no addition, on account of such premium, is to be made to the capital of the purchasing company. For No powers are to be given to any local authority to con- Tramway '&f^o!^* struct, acquire, or take on lease, any tramway, or portion of '''"^■ 170A , see tramway, beyond the limits of their district, unless it is in ' ' p. boo. connection with a tramway belonging to or authorized to be constructed or acquired by the local authority, and unless the committee on the bill determine that, having regard to the special local circumstances, such construction, acquisition, or taking on lease ought to be sanctioned ; and in that case the committee are to insert a clause for the protection of the local authority of the district in which such tramway or portion of tramway is situate, in the terms, mutatis mutandis, of sect. 43 of the Tramways Act, 1870, except that the period of seven years shall be substituted for the period of twenty-one years, and the period of three years for the period of seven years. No powers are to be given to any local authority, to place or S. 0. i7i. run carriages upon any tramway, and to demand and take tolls and charges in respect of the use of such carriages ; but a committee on a tramway bill is enabled to insert a clause under which the board of trade would be empowered to grant a licence to a local authority to work a tramway belonging to themselves, on certain conditions mentioned in the standing order. It is the duty of committees to take care that the pro- Duty of visions of the bill are in conformity with these principles as regards and regulations : but no special form of enactment is pre- *^^.^® ^^°' scribed for carrying the intentions of Parliament into effect. Some of these orders are not obligatory upon the committee, provided they report to the house their reasons for not enforcing them in any particular case. In other cases, the house has not entrusted the committee with discretionary powers : but committees have occasionally exercised a discretion, subject to the approval of the house, and have made special reports.^ ' York and North Midland Bail- Eastern Union Railway, 1850, ib. p. way, 1850, Suppl. to Votes, p. 59; 113; Manchester, Sheffield, and Lin- 764 EAILWAY, &C., BILLS. Clause pro- 3. There are also special clauses which are to be inserted Chapter testing . ., ,.,,,.,, T ,1 xxvm. existing in evcry railway bill to which they are applicable, — rharer"*^' Where it is proposed to authorize the company to grant 3. 0.160. any preference or priority in the payment of interest or dividends on any shares or stock, a clause is required to be inserted, proyiding that the granting of such preference shall not prejudice or affect any preference or priority in the payment of interest or dividends, on any other shares or stock already lawfully subsisting ; unless the committee report that such provision ought not to be required, with the reasons on which their opinion is founded.^ Clause im- In every railway, tramway, tramroad, or subway bill pro- penalty viding for the construction of any new line, or for the broDened extension of time for the completion of the work, the S. 0. 158. following provisions, founded upon the recommendation of a joint committee of Lords and Commons in 1867, are to be inserted. If promoted by an existing company having a railway, tramway, tramroad, or subway already opened for public traffic, a clause is to be inserted, providing that if the company fail to complete the line within the time Bond to be limited by the Act, the company shall be liable to a penalty into for of 50Z. a day, until the line has been completed and opened ofTini*''"" ^°^ public traffic, or until such penalty amounts to five per cent, on the estimated cost of the works. If promoted by an existing company for any of these purposes, not having a line already opened for public traffic, or which during the last year has not paid dividends upon its ordinary share capital, or by an existing company where an increase of capital is sought, or by persons not incorporated, a clause is colnshire Eailway Bill, 1850, Suppl. lejr, &c.) Bill, ib. 371 ; Carlisle Eail- to Votes, p. 151 ; ib. 1891, p. 1607 ; way Bill, ib. 515 ; York, Newcastle 146 C. J. 154. and Berwick, &c., Bill, ib. 585, &c. ; ' For cases in which such reasons South Eastern Railway (Lewisham have been given, see Eastern Coun- and Bromley) Bill, Suppl. to Votes, ties Eailway Bill, ib. 1853, p. 158 ; 1854, p. 92 ; Great Western (Shrews- Monkland Railways Bill, ib. 193 ; bury and Birmingham, &c.) Bill, ib. Great Northern Eailway (No. 1) p. 299 ; York, Newcastle, and Ber- BiU, ib. 231 ; North British Eail- wick, &o.. Bill, ib. p. 387 ; Leeds way Bill, ib. 287 ; Aberdeen Eailway Northern Eailway Bill, ib. p. 457. Bill, ib. 289 ; Great Western (Hen- RAILWAY, &C., BILLS. 765 xx^m *** ^® inserted, providing that the deposits paid "under the standing orders shall be retained, and made liable to forfeiture unless, before the time limited for completing the line, the company shall either open it for the public convey- ance of passengers, or prove that they have paid up and expended one-half of their capital for the purposes of the Act. Another clause is required to be inserted, providing that the penalties recovered, or deposits forfeited, shall be applied to the compensation of landowners or other persons whose property may have been interfered with or affected. A clause is to be inserted, providing that if the railway, ^ime for tramway, tramroad, or subway ^ is not completed within the ™™pi«ting period limited by the bill, the powers for making the same ^ q^ shall cease, and the period limited in case of a new line is jgg^^" to be for a railway within five years, for a tramroad within three years, and for a tramway within two years, and in the case of an extension of time so limited, within three, two, and one years respectively.^ Where these provisions are not applicable to any particular other pro- bill, the committee are to make such other provision as Completion they shall deem necessary for ensuring the completion of of lii«- the line of railway or tramway. In the case of every bill for incorporating a railway, canal. Revision of or tramroad company, or for giving powers to an existing R^^f^™*^" company to which no Eates and Charges Order Confirmation ^"'^i'''"*' Act applies, the committee are to fix the rates for mer- isss. chandise traffic by reference to the Rates and Charges Order ^- ^- ^^^A. Confirmation Act of some other company applicable to the same. If in any such bill other than a railway bill the committee are of opinion that no such Act will apply, they are to insert a clause making applicable to such company the provisions of the Railway and Canal Traffic Act, 1888, as to the revision of rates. ' See standing order No. 168A. Valley Railway Bill, 1882 ; Ban " The time for both railways and Navigation and Railway Bill, 1885 ; tramways has been extended for Pembrokeshire and Fishguard Rail- longer periods, the committee men- way Bill, 1886 ; St. Helen's District tiouing the fact in their report, Mid- Tramway Bill, 1881 ; Ipswich Tram- land Railway Bill, 1881; Golden way Bill, 1882. 766 RAILWAY, &C., BILLS. Interest or Bv standing Order No. 167, a clause is to be inserted in Chapter not to be every railway bill, prohibiting the payment of interest or cant*"* dividend to any shareholder in respect of calls, except on IS. 0. 167. subscriptions which may have been prepaid. But on the 6th June, 1883, this standing order was amended, and the pay- ment of interest out of capital may be allowed by the committee on the bill upon conditions set forth in the standing order .^ Deposits -^^"^ another clause is to be inserted, prohibiting a railway not to be company from paying, out of the capital which they have capital. been authorized to raise for the purposes of an existing Act, s. 0. 168. the deposits required by the standing orders to be made for the purposes of any application to Parliament for a bill for the construction of another railway. Tramroads ^^ every bill for the construction of a tramroad of railway S. 0. 168B. gauge, and intended to communicate with a railway, a clause ^^^^' is to be inserted providing that the Eailway and Canal Traffic Acts shall apply to the company and tramroad ; and the length of so much of it as is constructed along a street or road, or upon waste by the side of a street or road, is to be set forth. Railway And, lastly, a clause is to be inserted, providing that the not to be railway shall not be exempted from the provisions of any exempt from general Acts, or from any future revision and alteration, Ao°s.'^ under the authority of Parliament, of the maximum rates of S. 0. 169. fares and charges previously authorized. T t)^ f In every railway, tramway, tramroad, or subway bill the line. length of the line is to be set forth in miles, furlongs, 8. 0. 170. pjjj^jjjg^ and yards, or decimals of a chain, in the clause describing the works, with a statement, in the case of each tramway, whether it is a single or a double line. A committee has inserted clauses compelling a railway ment of company, under penalty of a suspension of its dividends, to ^ ^ ^^' apply to Parliament in the next session, for a bill to autho- rize the construction of a line of railway, which the company ■ Four per cent, is the limit of in- the Mersey Eailway (Various Powers) terest mentioned in the standing Bill, 1887, payment of interest out of order, but frequently three per cent, capital was refused by the committee, only has been the rate allowed. In POLICE AND SANITARY COMMITTEE. 767 xxTiii ^^^ pledged itself to make.^ And the preamble of a bill has been negatived, on proof that it was a violation of a pledge previously given by a company.^ , . Agreement Where any agreeement is to be sanctioned, such agree- to be an- ment is to be printed as a schedule to the bill. ti^^ *° In the case of bills authorizing a local authority to borrow f *': ^^*' money under the Local Government Acts, without the govern- sanction of the local government board, estimates of the s. 0. 172. proposed application of the money are to be recited in the bill, and proved before the committee. Whenever application is made by a local authority in Local Ireland for new powers, the promoters are required to obtain me™ (ire- a certificate, under the seal of the local government board in '*>■"*)• Ireland, whether such application is made with their sanction and approval, which certificate is to be reported upon by the committee. In the case of bills promoted by or conferring powers on Police and local authorities, relating to police and sanitary regulations, comSee. the committee are required to report specially on the clauses 8. 0. 173A. which are in conflict with, deviation from, or in excess of, the general law, quoting the text of such clauses, and also with regard to byelaws, repayment of loans, borrowing powers, and other matters set forth in standing order No. 173A ; and the report is to be printed and circulated with the votes.^ The committee on a bill for confirming letters patent are Letters to see, in compliance with the standing orders, " that there bfiis" be a true copy of the letters patent annexed to the bill." -S. 0. 175, This copy should be attached to the bill when first brought into the house ; and if its omission were noticed in the house, at any time before the bill was in committee, the bill might be ordered to be withdrawn. There are several standing orders relating specially to inciosure bills for the inciosure and drainage of lands, compliance with ^ge uvis!' which is to be examined and enforced by the committee on s. 0. 176. 177. ' South Western Eailway (Capital ' Mid-Sussex and Midhurst Juno- and Works) Act, 1855, 18 & 19 Vict. tion Eailway BQl, Group 3, 1860. c. clxxxviii. ss. 62. 69; Suppl. to ' See order of the house, 1st March, Votes, 1853, p. 945 ; ib. 1855, p. 251. 1893, 148 0. J. 95. 768 INCLOSUEE, &C., BILLS. the bill. These are relative to the proof of notices, and of Chapter XXVIII. the allegations in the preamble of the bill ; the consent bill, . signed by the lord of the manor and the owners of property; a statement of the property of owners, assenting, dissenting, and neuter. On a report from the committee that the lord of the manor had declined to sign the bill, but did not oppose it, and desired to remain neuter, the part of the order relating to the consent of the lord of the manor has been dispensed with.^ Drainage In the case of drainage bills, the assents of the occupiers as well as owners of land are to be proved, but not that of S. 0. 178. the lord of the manor. Inolosuve In every bill for inclosing lands, it is ordered that pror Clause for vision be made for leaving an open space sufficient for rec7eation P"J"Poses of cxercise and recreation of the neighbouring ground. population, and for its fencing and maintenance ; also that Commis- the bill should contain the names of the commissioners Consent proposed to be appointed, and compensations intended for Bill, and j^q jord of the manor and others, and that the copies of clause as to _ _ ^ pay ahd such bills Sent to persons interested, for their consent, should commis- Contain this information; that certain persons should be sioners. disqualified as commissioners ; and that a clause should be 181. 182. inserted in the bill for settling the pay of the commissioners and for the passing of their accounts. When a Whenever a private bill contains any provisions relating ordlr^'"""^^ to the inclosure of land, which might be comprised in a might be provisional order, under the Acts for the inclosure and sought. S 183. improvement of land, the committee are to make a special report to the house. Houses of In every bill by which power is sought to take, com- ing ckss°es! pulsorily or by agreement, in the metropolis, twenty or more 8. 0. 183A. houses, or in any city, town, or parish in the rest of the United Kingdom, ten houses or more, occupied wholly or partially, as tenants or lodgers, by persons belonging to the labouring classes, clauses, which are fully set forth in stand- ing order No. 183 A, are to be inserted, providing that this power shall not be exercised by the promoters until they have obtained the approval of the " central authority " to > Thetford Inclosure, iBt April, 1844, 99 C. J. 182. WATER AND GAS BILLS. 769 Chapter a Scheme for providing sufficient accommodation for the aaVXXI. persons to be displaced, and have given security for carrying out the scheme; for imposing adequate penalties on the promoters in case of their contraventions of these provisions ; and for the payment of the expenses incurred by "the central authority." In the case of a bill for impounding the water of any Compen- river or stream, the committee are to inquire into the water. expediency of providing that the water to be supplied in ^- ^- 18+- compensation should be given in a continuous flow through- out the twenty-four hours of the day, and to report accordingly. The committee on a turnpike-road bill relating to Ireland Turnpike- are to insert a clause providing for the qualification of com- knd). missioners. s. o.isi. In every bill for making gasworks or sewage-works, or Limits of For amend- for making, altering, or enlarging any sewage farm, cemetery, ground, o!"i88, see burial-ground, destructor, or hospital for infectious diseases, 1^^"'" u^' p. 853. there is to be a clause defining the limits within which the JeHned. same are to be made or constructed. ■ In every bill in which an existing gas or water company Gas and is authorized to raise additional capital, provision is to be ^^cUm made for the ofier of such capital by auction, or tender, «lauses,and unless the committee report that such provision ought not price for to be required, with their reasons; and it is competent to^~^ jgg^ the committee so to regulate the price of gas, that any reduction of the authorized standard price shall entitle the company to make a proportionate increase of dividend, and that any increase above the standard price shall involve a proportionate decrease of dividend. Having adverted to the several orders which are to be General observed by committees, in reference to the proof of com- f ngg^g^'f^' pliance with the standing orders, and the peculiar provisions committees '^ ° .on opposed required to be inserted in particular bills, the general pro- bills. ceedings of committees upon opposed private bills may be briefly explained. These are partly regulated by the usage of Parliament, partly by standing orders, and partly by statute. p. 3d 770 PBOCEBDINGS OF COMMITTEES. Witnesses It may be mentioned, in the first place, that as regards ^?L*P*J^ upon oath, the inquiries of these committees, an important amendment of the law has of late years been introduced. By the Act 21 & 22 Vict. c. 78, committees upon private bills were first empowered to administer oaths. The 34 & 35 Vict. c. 33 gave the same powers to committees upon bills for con- firming provisional orders. But these provisions have since been superseded by the Parliamentary Witnesses Oaths Act, 1871, which empowered every committee of the House of Commons to administer an oath to witnesses examined before it.^ Minutes of On the 16th February, 1864, the house resolved, " That be prtated. ^^^ minutes of evidence on opposed private bills be printed at the expense of the parties, whenever copies of the same shall be required." And in the case of " hybrid " bills, to which this order does not extend, special orders are given that the parties have leave to print the minutes of evidence day by day, from the committee clerk's copy, if they think fit.2 Room, When counsel are addressing the committee, or while w en open. ^||;jjggggg ^^g under examination, the committee-room is an Cleared. Open court : but when the committee are about to deliberate, all the counsel, agents, witnesses, and strangers are ordered to withdraw, and the committee sit with closed doors. When they have decided any question, the doors are again opened, and the chairman acquaints the parties with the determiua- tion of the committee, if it concerns them. Parties The first proceeding of a committee on an opposed bill, appear^^ whcn duly Constituted, is to call in all the parties. The committee, counsel in Support of the bill appear before the committee ; the petitions against the bill in which the petitioners pray to be heard, are read by the committee clerk ; appearances are entered upon each petition with which the parties intend to proceed, and the counsel or agents appear in support of ' The Parliamentary Witnesses polis Water Bills, 1851, 1852, 27th Oaths Act, 1871, repeals s. 1 of 21 & June, 1851, 106 ib. 315; 107 ib. 141 ; 22 Vict. 0. 78, and s. 3 of 34 & 35 Electric Lighting P. O. Bill, 1883, Vict. c. 3. 138 ib. 364. ' 122 0. J. 158. 168. 413 ; Metro- PEOCEEDINGS OF COMMITTEES. 771 xxviii *'^®™- -^^^ i* ^^8 usual, at this time, until cases of locus standi were heard by the court of referees (see p. 726), to intimate that objections would be raised to the hearing of petitioners. If no parties, counsel, or agents appear when a when there petition is read, the opposition on the part of the petitioners '\^° ^^' is held to be abandoned ; and if parties have neglected to enter their appearance at the proper time, they will not be entitled to be heard.^ In some special cases, however, indul- gence has been granted to them.^ In one case, the agent who had deposited a petition stated that there was no appearance upon it : but another agent immediately entered an appear- ance ; and as it was shown that he had regularly obtained the appearance paper from the Private Bill Office, on the production of a letter from the secretary to the company, written by order of the board of directors, stating that they desired to change their agent, and authorizing him to prose- cute their petition, the committee allowed the petitioners to be heard.^ An appearance paper has been allowed to be amended, where it stated that a petition praying to be heard against the preamble related to clauses only.* Where petitions complain of matters arising during the sitting of the committee, or of amendments proposed to be made in the bill, appearances are allowed to be entered, as the occasion arises.^ Difficulties have sometimes arisen, when counsel have not Hearing of been retained, or are absent, in regard to the right of ^°^"=''''"^^- solicitors to be heard as agents for the parties, unless they have been entered as agents for the bill or petition, in the Private Bill Office. In -1844:, a solicitor was refused a hearing as an agent before one of the sub-committees on petitions for private bills, and it was ruled that such refusal was justified by practice, and by the construction of the » Suppl. to Votes, 1849, pp. 204. 729. 288. South Wales Railway Bill, ib. ' Minutes of Groups 3 and 8,1860; 1853, p. 829 ; Minutes of Committees, Group 3, 1862. 1857, vol. ii. p. 793; and supra, pp. ' Ib. Group 9, 1863. 692. 729 ; Minutes of Group 2, 1860 ; • Ib. Group 3, 1859. Pontypool Gas and Water Bill, 1890, - Minutes of Group 4, 1859 ; Group Minutes of Committee ; and see p. C, 1861. 772 PEOCEEDINGS OF COMMITTEES. Case opened. Proof of preamble. Prelimi- nary ob- jections. standing order ; ' and this rule has since been followed by Chapter . . zzvin. the examiners. Before committees on private bills, how- ^ ever, solicitors have often been heard without objection,^ where it has been for the convenience of the parties : but in the Mersey Conservancy and Docks Bill, 1857, a solicitor, whose name was specified in the appearance as solicitor for a petition, on claiming to be heard, received an intimation from the committee that he would not be entitled to address the committee until he had entered himself as a parliamentary agent.^ The Speaker, therefore, autho- rized the clerks in the Private Bill OiBce to enter his name as agent for the petition, in addition to that of the . agent who had originally taken out the appearance; the latter being still responsible for the payment of- the fees, and for the observance of the rules and orders of the house. And the same rules have since been observed by the referees.* In the case of a committee on a group of bills, as already stated, the committee take the bill or bills iirst into con- sideration, which have been named by the committee of selection, or general committee ; and unless a bill comprised in the group be set down for the first day, the promoters and opponents are not to enter their appearance on that day in respect of such bill. When the parties are before the committee, the senior counsel for the bill opens the case for the promoters ; unless a preliminary objection should be raised by petitioners to proceeding further with the bill.^ These preliminary objections have not usually been sustained; they ordinarily have referred to questions in- > 73 H. D. 3 s. 583. 2 Minutesof Committees, 1857, vol. ii. pp. 645. 647, &o. ' lb. p. 28. * 1 C. & E. p. 3 ; ib. 215. ' Loudon and North Wostern Eailway Bill, 1873 ; Birmingham Corporation Water Bill, 1875 ; Stock- ton and Middlesborough Corporation Water Bill, 1876 ; Brighton and Hove Gas Bill, 1881; Tramways Provisional Order (Birmingham) Bill, 1881 ; Birkenhead Corporation Improvement Bill, 1867 (sustained, excessive alterations in a filled-up bill); Hammersmith and Fulham Becreation Ground Bill, 1884 (sus- tained) ; Great Forest of Brecknock Bill, 1893, &c. PROCEEDINGS ON PREAMBLE. 773 Raptor herent to the principle and inception of the bill, and as such might have been raised on its second reading. As the bill has been referred by an order of the house to a committee for consideration, the strong presumption is that the duty of the committee is to deal with the bill on its merits, the more so since the argument used in support of a preliminary objection would generally be of equal avail at that stage of the proceedings. Preliminary objections have sometimes been sustained when they have arisen on matters which have occurred after the second reading of a bill. Unlike the practice in regard to public bills, the preamble of a private bill is first considered ; ^ and if the preamble be opposed, the counsel addresses the committee more particu- larly upon the general expediency of the bill, and then calls witnesses to prove every matter which will establish the truth of the allegations contained in the preamble. In a railway bill, this is the proper occasion for producing evi- dence to satisfy the committee upon the most material of Duties of the points which, by the standing orders, they are obliged miftee see *° report to the house. The witnesses may be cross- p. 757. examined by the counsel who appear in support of the several petitions against the preamble,^ but not, as to the general case, by the counsel of parties who object only to certain provisions in the bill. Cross-examination ia confined to matters comprised in the petitions, except when it is sought to discredit a witness. After the cross-examination, each witness may be re-examined by the counsel in support of the bill. When all the witnesses in support of the pre- amble have been examined, the case for the promoters is closed, unless the counsel for the bill has been permitted by the committee to make a speech summing up the evi- dence in lieu of an opening speech, Forpe- Every petition against a private bill, and every petition when pe- aS'« ^Sainst a bill for confirming a provisional order or certificate, S^i^^ hills, see p. be heard. 728. 1 It is the usage of the Police and of the clauses of the bill. s. 0. 210. Sanitary Committee to postpone the ' Suppl. to Votes, 1852, pp. 150. preamble until after the consideiation 151. 188. 189, &c. 774 PEOCBEDINGS ON PBEAMBLE. which have been deposited in accordance with the standing ^^li~ orders, and in which the petitioners pray to be heard by themselves, their counsel, or agents, stands referred to the committee ; and such petitioners, subject to the rules and orders of the house, shall be heard upon their petition, if they think fit, and counsel heard, in favour of the bill, against the petition. The petitioners are required to estab- lish before the referees a loeus standi according to the rules and usage of Parliament (see p. 732). Proceed- When petitioners appear against the preamble, their p°eambie. counsel either opens their case or reserves his speech until after the evidence. Witnesses may be called and examined in support of the petitions, cross-examined by the counsel for the bill, and re-examined by the counsel for the petitioners : but counsel can only be heard, and witnesses examined, on behalf of petitioners, in relation to matters referred to in their petitions.^ It has been ruled that where a petitioner against a railway bill is admitted to be heard on a petition alleging a preferable line, described particularly in his petition, the engineer to be called in support of such line is entitled to produce, prove, and refer to plans and sections of the suggested line, as made by himself.^ But, of late years, it has not been usual to admit evidence of alternative schemes, unless they have been submitted to Parliament.^ As a general rule, each witness is to be examined, or cross-examined, throughout, by the same counsel. In the Shrewsbury and Birmingham Railway Bill, 1852, the committee resolved that "they must adhere > Glasgow and South Western Docks Bill, 1875; Newport (Mon- Eailway Bill, Suppl. to Votes, 1853, mouthshire) Gas Bill, 1875 ; Provi- p. 720; South Wales Bail way Bill, sional Order (Thirsk Water) Bill, ib. p. 1339 ; Minutes of Committees, 1879; Loughborough Local Board 1856, vol. i. p. 56. and Leicester Corporation Bills (oom- ^ Midland Eailway (Extension to peting), 1886 (admitted); Oldham Otley) Bill ; Cork and Macroom, &c., Corporation Bill, 1886 ; Local Bill, 1861 ; Resolutions of general Government Provisional Order committee of railway and canal bills, (Bingley), 1889 ; Bilston Commia- 1861; 117 C. J. 267, &o. sioners Bill; Newark and Trent ' Harrow and Eickmansworth Water Bill ; Airdrie and Coatbridge Railway Bill, 1874; West Kent Water (admitted, special circum- Brainage Bill, 1875 ; Sutton Bridge stances), 1890. PEOCBBDINGS ON PKBAMBLE. 775 ^apter to the rule that the same counsel should go through with the examination of each witness, unless by agreement between the parties, to be approved by the committee, it should be arranged otherwise, in order to meet the con- venience of counsel." ^ Committees have also resolved that no counsel should be permitted to cross-examine witnesses, who had not been present during the examination-in-chief, nor to re-examine unless he had been present during the entire cross-examination.^ The only occasion, since the years 1847 and 1861, on which it has been sought to make the first part of this rule effective was in 1891,^ when the chairman of a committee proposed to enforce it ; the pro- posal, however, was not adopted, nor did it meet with the concurrence of the chairmen of other committees ; the latter part of the rule, as to re-examination, has been observed. When the evidence against the preamble is concluded, the case of the petitioners is closed, unless an opening speech has been waived ; and the senior counsel for the bill replies on the whole case.* If the petitioners do not examine witnesses, the counsel for the bill has no right to a reply : but in some special cases, where new matters have been introduced by the opposing counsel (as, for example. Acts of Parliament, precedents, or documents not previously noticed ^), a reply, strictly confined to such matters, has been permitted. Where there are numerous parties appear- ing on separate interests, the committee will make such arrangements as they think fit for hearing the different counsel.® Sometimes the minutes of evidence on bills of a previous session, and, other documents, are referred to a ' Suppl. to Votes, 1852, p. 287. not entitled to a general reply ; but ' lb. 1847, vol. 11. pp. 1457. 1477 ; that his reply must be confined to the Resolutions of general committee of case of the only petitioner who had railway and canal bills, 1861. adduced evidence, Suppl. to Votes, » City and South London Railway 1853, p. 720. Bill, 1891, MS. Minutes of Evi- " Grreat Western Railway, &c., Bill, denoe, 13th March, p. 7 ; Central ib. 1854, p. 495. London Railway Bill, 1891, ib. 4th « Ib. 1852, p. 288. In the Severn March, p. 54. Valley, &c., Group, the committee * In the Edinburgh, Perth, and decided to hear two counsel only on Dundee Railway Bill, the committee the whole case presented by several held that the counsel for the bill was bills, ib. 1853, p. 1031. 776 QUESTION ON PREAMBLE. committee,^ and may be commented upon by counsel, and *'*^'?£ considered by the committee. Question When the arguments and evidence upon the preamble amwier^" have been heard, the room is cleared, and a question is put, " That the preamble has been proved," which is resolved in the affirmative or negative, as the case may be. Or, where there are competing bills in the same group, the cases are heard together, according to a long-established course of procedure, and the decision of the committee is postponed until after they have heard the evidence in support of all the bills ; and occasionally, where the subject-matter of bills in the same group has been partly the same, committees have heard the cases separately, but have deferred their decision till after the conclusion of the last case. In some cases, the committee have resolved that the clauses which the promoters had agreed with the opponents to insert in the bill, should be produced before they proceeded to decide Clauses on the preamble.^ If the preamble be proved, the committee call in the parties, acquaint them with the decision, and then go through the bill clause by clause, and fill up the blanks ; and when petitions have been presented against a clause, or proposing amendments, the parties are heard in support of their objections or amendments, as they arise ; or opposed clauses may be postponed and considered at a later period in the proceedings, if the committee think fit. In accordance with the rules of the house in committee in dealing with a public bill, when all the clauses of the bill have been disposed of, new clauses may be offered either by members of the committee or by the parties. An alternative clause prepared by petitioners is frequently produced and considered in connection with a clause which is formally before the committee, and which may be amended or negatived in consequence ; but if the clause be negatived, the alternative clause strictly should only be added when all the remaining clauses of the bill have been disposed of. Counsel claim the right of reply when they have brought • 108 0. J. 495. 514; 117 ib. 267; ' North Metropolitan Eailway 122 ib. 2)8 ; 132 ib. 83, &c. Bill, Suppl. to Votes, 1854, p. 451. considered. CLAUSES CONSIDERED. 777 ^^*P'?J up a new clause : but a distinction should be drawn in this respect between a purely alternative clause and a new clause ; such an alternative clause is produced only in support of the argument against, and is virtually an amendment to a clause already formally before the committee, and it should be treated as an amendment only, without any right of reply ; while counsel proposing a new and substantive clause for the consideration of the committee, when no other clause was before it, would not be so limited.^ It is at this time clauses by also that officers of public departments sometimes appear, to partments secure the insertion of clauses protective of the property or interests of the Crown, or of navigations, and tidal lands, or otherwise concerning the public interests. On the 25th May, 1865, the Admiralty were allowed to attend by counsel at the next sitting of the South Eastern Railway Bill, to protect the Greenwich Observatory from injury. In 1871, the Office, of Works and Public Buildings appeared by counsel against the Metropolitan Street Tramway (West- minster and Battersea Park Extension) Bill, and the London Street Tramways (Kensington, Westminster, and City Lines) Bill, as landowners.^ In 1872, the treasury obtained the insertion of a clause in the International Communication Bill, providing access to Crown property. But, except in cases in which the consent of the Crown may be withheld from a bill, government departments are with- out any means of enforcing the adoption of their clauses, either by the parties or the committee ; and their relations to the committee and Parliament are often not a little anoma- lous. It has, indeed, been determined that public depart- ments have no right to be heard, except upon petition.^ ' This rule as to the hearing of Bill, but the petition was afterwards counsel on an alternative clause has withdrawn. lu the same year he also received the assent and approval of petitioned against the Deal, Walmer, Mr. Pope, Q.O., and Mr. Pember, Q.O. and Adisham Bail way Bill, the South " Minutes of Committee, Group 12, Eastern Bailway Bill, the North 1871. Metropolitan Tramways Bill, and the 'Victoria Station and Pimlioo London and Aylesbury Kailway Bill; Railway Bill, Group 6, 1858. la and in the two first cases, appearances 1873, the postmaster-general peti- were entered, tioned against the Midland Eailway 778 PREAMBLE NEGATIVED. What It must be borne in mind that the committee may not Chapter clauses ad- . , , XXVIII. missible. admit clauses or amendments which are not withm the order of leave ; or which are not authorized by a previous compliance with the standing orders applicable to them, unless the parties have received permission from the house to introduce certain provisions, in compliance with petitions for additional provision. But if the committee are of opinion that such provisions should be inserted, the further consideration of the bill can be postponed, in order to give the parties time to petition the house for additional provision.^ A committee has refused to entertain a clause giving powers to another company practically to annul the provisions of a bill, even when it appeared that the petition of that company had been withdrawn, on condition of the intro- duction of that clause. At the same time, the committee offered to obtain power from the house to hear the company, notwithstanding the withdrawal of their petition.^ Preamble If the proof of the preamble be negatived, the committee not proTed. j,gpQj,^ ^^ ^j^g house, "That the preamble has not been proved." In 1836, the committee on the Durham (South West) Railway Bill were ordered to reassemble, " for the purpose of reporting specially the preamble, and the evidence and reasons, in detail, on which they came to the resolution that the preamble had not been proved." * It has been ruled that when a committee have resolved that the pre- amble of a private bill has not been proved, and ordered the chairman to report, it is not competent for them to re- consider and reverse their decision, but that the bill should be recommitted for that purpose.* In 1854, the preambles of two out of three competing railway bills were declared not proved : but the successful bill, after it was reported, having been withdrawn, the two other bills were recommitted, and the preamble of one of them was declared to be proved.^ In » Vide infra, p. 697; London ' 91 0. J. 396. and North Western (Northampton * Group P, 1853, Suppl. to Votes, Branch) Bill, Suppl. to Votes, 1853, p. 957; Shrewsbury and Welohpool p. 96i ; ib. p. 1255. Railway Bill, 1858. « Thames Tunnel Eailway Bill, » Group 1, Suppl. to Votes, 1854 Minutes of Group 2, 1860. pp. 175. 415. PREAMBLE NEGATIVED. 779 xxTOi ^^^^' ^^ *^® *^^^® °^ *^® Mold and Denbigli Junction Kail- way Bill, the committee reported that the preamble had not been proved : but all opposition having been subsequently withdrawn, the bill was recommitted to the former com- mittee, who reported the preamble proved, and the bill was passed.^ In 1874, in the case of the Bolton-le-Sands, Warton and Silverdale Reclamation Bill, the committee having re- ported that the preamble had not been proved, the bill was afterwards recommitted to the former committee, with an instruction to the committee to strike out of the bill all powers for the compulsory taking of lands, to which any opposition was offered.^ And in several other cases, where compromises have afterwards been effected,and the promoters have consented to make amendments, the bills have been recommitted for that purpose.^ In the Kingston Township Bill, 1873, while the case for the promoters was proceeding, it was made known that the town commissioners of Kingstown, by whom the bill was promoted, had been restrained by injunction from proceed- ing further with the bill, on the ground that they had failed to comply with the requirements of the Towns Improvement Act, 1847 (ss. 132, 133, and 142), and were not therefore entitled to come to Parliament. The commissioners, how- ever, had also signed the petition for the bill, as individuals ; and claimed to proceed with the bill in that capacity : but the committee resolved, " That the counsel for the promoters having stated that the commissioners had withdrawn from the promotion of the bill, the committee decided that they ought not to proceed further with the bill, and that they would report to the house that the preamble had not been proved." This decision was founded, it is believed, upon the determination of the committee not to favour any evasion of the Towns Im- provement Act, and of the injunction founded upon it.* At- tempts were afterwards made, without success, to obtain a rehearing, but the committee adhered to their determination. ' 116 0. J. 285. Peterborough was not proceeded with. Water Bill, 1875, was a similar case, ' 129 ib. 174. where the promoters' claim to a re- ' Ib. 225; 132 ib. 177. committal was conceded, though it * Minutes of the Committee. > 780 PKOVISIONAIi ORDBE BILLS. Alterations Alterations may be made in the preamble, subiect to the Chapter in pre- . . ■' . , . ^, , XXVIH. amble. Same restriction as m the case of other amendments, that s. 0. 149. nothing be introduced inconsistent with the order of leave, or with the standing orders of the house applicable to the bill. Such amendments, however, are to be specially reported.'^ Committee The proceedings of a committee to which a bill for on opposed „ . . . i , provisional Confirming a provisional order or certificate has been _ ^ ,' /■ referred with respect to any order or certificate to be con- o. 0. 151. 208A. firmed thereby, are conducted in like manner as in the case of private bills, and are subject to the same rules and orders of the house as may be applicable, provided that when any order or certificate contained in such bill is opposed, the committee to whom it is referred shall consider all the orders and certificates therein comprised. The parties promoting the order or certificate are first heard, and their evidence thereon is taken ; the petitioners against it follow, and they are heard, whether they oppose the order or cer- tificate as a whole, or only on particular articles or clauses, and the promoters' counsel replies or not, according as the petitioners have or have not called evidence. On the con- clusion of the case, the question is put to the committee, " That this order (or certificate) be confirmed," or " as amended be confirmed," which is resolved in the affirmative or negative, as the case may be ; and the chairman, the preamble having been agreed to, reports the bill with the decision of the committee on the provisional orders both opposed and unopposed. Committee If all the orders or certificates comprised in a confirming opposed ^^^^ ^^^ unopposed, the bill is treated by the committee of provisional selection or the general committee on railway and canal order bills. bills, as the case may require, as an unopposed private bill (see pp. 709. 716), When pro- Some difficulties are experienced by committees on pro- orders are visional order bills where it becomes necessary to amend the amended. Qj.(jgj._ jf i}^q provision inserted by way of amendment comes within the powers conferred by statute on the autho- rity which grants the provisional order, it is inserted by the ■ 113 C. J. 166. 180, &c. COSTS AWAEDED, 781 Chapter committee in the text of the order, while, on the other hand, XXVIII '- if the amendment be of such a nature that it is in excess of the powers so conferred, it is inserted in the confirming bill.^ New matter should not be introduced into the order which would be inconsistent with the public notice and advertisement of the purpose of the order, required by the Act under which the provisional order is granted. In 1865, the important principle of restraining vexatious Costs litigation by awarding costs was first introduced. By 28 & tnllvLm 29 Vict. c. 27, when a committee on a private bill shall ''''^^^■ decide that the preamble is not proved, or shall insert any provision for the protection of a petitioner, or strike out or alter any provision for the protection of such petitioner, and Exception further unanimously report that petitioners have been un- 6ee*p"7™2^' reasonably or vexatiously subjected to expense in defending their rights, they shall be entitled to recover costs from the promoters. And, on the other hand, when the committee shall unanimously report that the promoters have been vexa- tiously subjected to expense by the opposition of petitioners, the}' shall be entitled to recover costs from those opponents.^ But it is provided that no landowner who bond fide, at his own sole risk and charge, opposes a bill which proposes to take any part of his property, shall be liable to any costs in respect of his opposition. Since the passing of this Act, such costs have been awarded in several cases/ but have ' This practice has been followed vided that they form a quorum, have in deference to the wishes of the unanimously reported in the manner local government board, who object, prescribed for entitling parties to on the question of precedent, that an recover costs. Minutes of the police order emanating from them should and sanitary committee (consisting contain provisions which they were of nine members, with a quorum of not authorized by the enabling Act five), Lancaster Corporation Bill, to have inserted in tlie order. It 1888. has been suggested that all amend- ' London, Chatham, and Dover ments should . be inserted in the (Various Powers) Bill ; North British order, and some method be adopted Eailway (Coatbridge, &c., Branches) of distinguishing those made by the Bill ; Great Western Kailway Bill, authority of Parliament. 1866 ; Brecon and Merthyr Tydvil ' It has been held that the Act Junction Eailway Bill ; Hull Docks has been duly complied with, if all Bill, 1867; Tivy Side Eailway Bill, the members of the committee pre- 1872 ; North Eastern Eailway (Ad- sent at the hearing of the case, pro- ditional iPowers) Bill, 1874 ; Local 782 DUTIES OF CHAIEMAN. more frequently been refused. In all such cases, the costs Chapter XXVIII are to be taxed by the taxing ofiScer of the House of L Commons. In one case, the promoters having informed the committee that it was not their intention to proceed with the bill, a petitioner applied to the committee to report that the promoters not having adduced evidence, the preamble was not proved, and to consider an application for costs. But the committee decided to report that the parties had stated that it was not their intention to proceed with the bill, and that consequently the question of costs could not be entertained.^ And this construction of the Act has since been followed.^ The same principle has also been generally applied, where the promoters have already amended the bill to meet the objections of petitioners,^ or have not appeared in support of a provisional order.* By the 34 & 35 Vict. c. 3, select committees upon bills for con- firming provisional orders may award costs in like manner, and under the same conditions, as in the case of a private bill. In the case, however, of provisional orders granted under the authority of the Allotments Act, 1887, the Housing of the Working Classes Act, 1890, and the Allotments Act (Scot- land), 1892, the question of costs is decided by a majority of the committee to whom the provisional order may be referred.^ Besides the matters which are required by the standing orders to be the subject of report by a committee (see p. 760, et seq.), there are particular duties of the chairman and of the committee on a private bill, in recording the pro- ceedings of the committee, and reporting them to the house. Government Board Provisional Metropolitan Outer Circle Eailway Orders (Dawlish) Bill, 1877; Eus- (Extension of Time) Bill, 1891. holme Local Board Tramways (Pro- ' Abbotsbury Eailway Bill, 1873. visional Orders) Bill, 1878 ; Metro- ' South Kensington Market Bill, politan Eailway Bill ; North British 1883. Eailway (General Powers) Bill, 1881 ; ' North Staffordshire Eailway Bill, -Swindon, Marlborough, and Andover 1879 ; Swindon, Marlborough, and Eailway Bill, 1883; Folkestone, Andover Eailway Bill, 1883. Sandgate, and Hythe Tramway Bill * Pier and Harbour Provisional (granted to promoters, petitioners Orders (Weymoutli) Bill, 1880. having been offered a protective * Allotments Provisional Order clause by the committee) ; Sunder- Bill, 1891, Suppl. to Votes, 17th land and South Shields Water Bill ; June, 1891 (to promoters). SPECIAL EEPOET. 783 Chapter which remain to be noticed. These are distinctly explained XXVIII. . . •! L L in the standing orders, and are as follows : — " Every plan and book of reference thereto which shall be produced pi^n, &c., in evidence before the committee upon any private bill (whether the to be signed same shall have been previously lodged in the Private Bill Office or ^^ cl^a'i'- not), shall be signed by the chairman of such committee with his s_ o\ 146. name at length ; and he shall also mark with the initials of his name every alteration of such plan and book of reference which shall be agreed upon by the said committee ; and every such plan and book of reference shall thereafter be deposited in the Private Bill Office." " The chairman of the committee shall sign, with his name at length, Committee a printed copy of the bill (to be called the committee bill), on which bill and the amendinents are to be fairly written ; and also sign, with the ^'^".ses to initials of his name, the several clauses added in the committee." by ohair- " The chairman of the committee shall report to the house that the man. allegations of the bill have been examined, and whether the parties ^' ^.- ^^'^' concerned have given their consent (where such consent is required to report by the standing orders) to the satisfaction of the committee." on alle- " The chairman of the committee shall report the bill to the house, ^^j'j^'fc^ " whether the committee shall or shall not have agreed to the preamble, s. 0. 148. or gone through the several clauses, or any of them ; or where the Committee parties shall have acquainted the committee that it is not their inten- i,°j[^^''^i tion to proceed with the bill ; and when any alteration shall have been cases. made in the preamble of the bill, such alteration, together with the S. 0. 149. ground of making it, shall be specially stated in the report." " Whenever a recommendation shall have been made in a report on a Committee private bill from a department of the government referred to the com- to notice mittee, the committee shall notice such recommendation in their r«commen- report, and shall state their reasons for dissenting, should such recom- govern- mendation not be agreed to." ment de- M ■ t s of " ^^® minutes of the committee on every private bill shall be brought P^'tments committee, up and laid on the table of the house, with the report of the bill." referred. S. 0. 152. S. 0. 150. If matters should arise in the committee, apart from the special immediate consideration of the bill referred to them, which reports. they desire to report to the house, the chairman should move that leave be given to the committee to make a special report.^ The house may also instruct the committee gj.j^hton to make a special report.^ In the case of the Devon and railway competing ' Liverpool Docks, &c., and Birk- ' London and Brighton Bailway lines. enhead Dock, &o., Bills, 110 0. J. Bills, 1837, 92 lb. 356. 417. 519. A 298; Mersey Conservancy and Docks case of a very unusual character Bill, 112 ib. 267. 269 ; Chelsea New occurred in 1837, which deserves Bridge Bill, ib. 360. Concerning particular notice. The bills for parliamentary deposits, 120 ib. 285. making four distinct lines of railway 303 ; 134 ib. 229 ; 135 lb. 266 ; as to to Brighton had been referred to the forged signatures, 134 ib. 176. same committee, when an unprece- 784 ATTENDANCE OP WITNESSES. Dorset Eailway Bill, 1853, the committee made a special ^^jJJ reporf, explaining that they had rejected that bill in ex pectation of a preferable line of railway being proposed to Parliament, in the next session, by another company.^ Witnesses, The attendance of witnesses before select committees has summoned, already been noticed. The power given to those committees See p. 40i. of sending for persons, papers, and records, is not, however, entrusted to committees on private bills. The parties are generally able to secure the attendance of their own witnesses, without any summons or other process, and a large proportion of all the witnesses examined attend professionally. But when it becomes necessary to compel the attendance of an adverse or unwilling witness, or of any official person who woald otherwise be unable to absent himself from his duties, application is made to the committee, who, when satisfied that due diligence has been used, that the evidence of the witness is essential to the inquiry, and that his attendance cannot be secured without the intervention of the house, direct a report to that effect to be made to the house ; upon which an order is made for the witness to attend and give evidence before the committee.^ In one case, the committee reported that, in their opinion, a witness had been guilty of perjury.* Evidence Besides making the prescribed form of report, or special reported. dented contest arose among the pro- merits of the competing lines, agreed meters of the rival lines, and at to address the Crown to refer the length it was apprehended that the several statements of engineering preamble of each bill would be nega- particulars to a military engineer, tived, in succession, by the combina- On the report of the engineer ap- tion of three out of the four parties pointed, in answer to this address, against each of the lines in which the house instructed the committee to the three were not interested, and on hear the case of the landowners upon which the committee would have to the direct line. Miinohester, Shef- determine separately. Tliis result field, and Lincolnshire Bailway Ex- was prevented by an instruction to tension to London Bill, 1891. the committee " to make a special ■ Suppl. to Votes, 1853, p. 945 ; report of the engineering particulars and see, in reference to the same of each of the lines, to enable the case, Suppl. to Votes, 1855, p. 253. house to determine which to send See also Special Eeport on Eastein back for the purpose of having the Union Eailway Bill, lb. p. 1159. landowners heard and the clauses * 105 C. J. 262 ; 110 lb. 121 ; 122 settled." This special report was ib. 227 ; 127 ib. 99 ; 133 lb. 98 ; 134 made accordingly : but the house, ib. 187 ; 135 ib. 191 ; 137 ib. 101, &o. being unable to decide upon the ' 115 ib. 230. REPORTS ON PRIVATE BILLS. 785 Chapter reports in particular cases, committees have had leave given '. to report the minutes of evidence taken before them ; which have been ordered to be printed, at the expense of the parties, if they think fit,^ and even in special cases, at the expense of the house ; ^ or have been referred to the committee on another bill of the same session.^ If parties acquaint the committee that they do not desire Report that to proceed further with the bill, that fact is reported to the not'pro- ° house, and the bill will be ordered to be withdrawn ; * or the ''^"^' *°- report to lie upon the table.^ On one occasion, a report was made, that from the protracted examination of witnesses, the promoters desired leave to withdraw their bill, and that the committee had instructed the chairman to move for leave to lay the minutes of evidence on the table of the house.® In another case, the committee reported, " That the consideration of two bills should be suspended, in order to afford oppor- tunity for the introduction of another bill ; " and they recom- mended, " That every facility, consistent with the forms of the house, should be given to such a bill during the present session.'"' After the preamble of a hill has been proved, the promoters have abandoned the bill rather than consent to the introduction of a clause insisted upon by the committee.^ It is the duty of every committee to report to the house au bills to the bill that has been committed to them, and not by long ported. adjournments to withhold from the house the result of their ^- ^- ^^''• proceedings ; and therefore it has been prescribed by standing order that every committee on an opposed private bill shall report specially to the house the cause of any adjournment over any day on which the house shall sit. If any attempt of this nature be made to defeat a bill, the house will interfere to prevent it. Thus, in 1825, the committee on a ' 81 0. J. 343; 91 ib. 338; 98 ib. » Northumberland (Atmospheric) 324; 107 ib. 357. Eallway Bill, 1845, 100 ib. 536, &c. » Clarence Railway BiU, 1843, * 104 ib. 510 ; 131 ib. 372. Suppl. to Votes, 5th May, p. 83 ; Ox- " 129 ib. 98. ford, Worcester, and Wolverhampton ° 79 ib. 445. Eallway, &c., 1845, 100 0. J. 566 ; ' Edinburgh Water Bills, 1846, Subways (Metropolis) Bill, 1867, 122 101 ib. 732. ib. 413; Metropolitan Board of Works » Glasgow Water works.Bill, 1848, (Shoreditch Improyement) Bill, 1871, Minutes, p. 97. 126 ib. 120. P 3 E 786 KBPOETS ON PEIVATE BILLS. private bill having adjourned for a month, was "ordered to Chapter meet to-morrow, and proceed on the bill; "^ and again, on ! the 23rd March, 1836, the house being informed that a committee had adjourned till the 16th May, ordered them " to meet to-morrow, and proceed on the bill." ^ Adjourn- Whenever a committee adjourns, the committee clerk is "^' " required to give notice in writing to the clerks in the Private mittees. Bjn Office, of the day and hour to which the committee is S. 0. 238. ,. J adjourned. Com- If a committee adjourn, without naming another day for revived, resuming their sittings ; or if, from the absence of a quorum, the committee be unable to proceed to business, or to adjourn to a future day, they have no power of reassembling without an order from the house, giving the committee leave to sit and proceed on a certain day.^ Hybrid The proceedings of committees upon " hybrid bills " are committee, generally similar to those of private bill committees ; and they have the same power of examining witnesses upon por differ- oath, under the Parliamentary Witnesses' Oaths Act, 1871. P^*J^. Such committees consist of members nominated partly by the »'"?«> ^f pp. 726. house, and partly by the committee of selection (see p. 719). 731. Report. When the report has been made out and agreed to by the committee, the committee clerk delivers in to the Private Bill Office " the committee bill," being a printed copy of the bill, with the written amendments made by the com- mittee ; with every clause added by the committee regularly marked in those parts of the bill in which they are to be Amended inserted. In strict conformity with this authenticated copy, ''rinted^a^d *^® ^^^^' ^^ amended by the committee, is required by the delivered, standing Orders to be printed at the expense of the parties. ■ ■ ^ ■ When printed, they must be delivered to the Vote Office, three clear days at least before the consideration of the bill : but it may not be delivered before the report of the bill has been made to the house ; and agents, when they give notice at the Private Bill Office, of the day for the consideration of the bill, must produce a certificate from the Vote Office of the delivery of the amended printed bill on the proper day.* ' 80 0. J. 474. * Order of the Clerk of the House, » 91 ib. 195. ' 105 ib. 201. 30tli March, 1844. REPORTS ON PRIVATE BILLS. 787 ^"rai ^^ some cases, the alterations made by the committee have Bills with- been so numerous and important, as almost to constitute the refei°d to bill a different measure from that originally brought before ^^*™'°«i' the house. In such cases, the house has sometimes required po^t. the bill to be withdrawn, and another bill presented, which has been referred to the examiners. Thus, on the 21st May, 1849, on the report of the Holme Eeservoirs Bill, notice being taken that almost the whole of the bill as brought in had been omitted, and a new set of clauses introduced, the bill was ordered to be withdrawn : ^ but, unless the case be one of great irregularity, the later and better practice has been to refer the bill, as amended, " to the examiners, to inquire whether the amendments involve any infraction of the standing orders." ^ If the examiner reports that there is no infraction of the standing orders, the bill proceeds without further interruption : but if he reports that there has been such an infraction, his report, together with the bill, will be referred to the standing orders committee. In 1876, the Toll Bridges (Biver Thames) Bill— a hybrid bill — underwent so many important alterations in committee as to be substantially a new bill, and its opponents urged that it ought to be withdrawn. But the second reading of the bill had been postponed, while a select committee was considering the whole subject-matter of the bill ; and when that committee had reported, the bill was read a second time and committed ; and the report of the committee, together with other reports upon the same subject, was referred to the committee on the bill. These proceedings were regarded by the committee as in the nature of an instruction, and amendments had therefore been made, of a comprehensive ' 104 C. J. 320. 453. ib. 81. 95, petitions, praying that the " Metropolitan Cattle Market Bill, bill be referred to the examiner to in- 1868, 123 C. J. 223; Toll Bridges quire into the legality of the sealed Elver Thames Bill, 1876, 131 ib. bill, produced in proof of compliance 354; Dublin Central Tramways Bill, with standing orders, were referred 1877 132 ib. 366. In the case of the to the standing order committee, who Smithfleld Market Bill, 10th July, refused the reference. The motion 1860, such a reference was refused, for the order so to refer the petitions 115 ib. 370 ; in that of the Black- was given without notice. rook, &c., Tramways Bill, 1882, 137 788 REPORTS ON PRIVATE BILLS. character, founded upon previous inquiries and recommenda- Chapter tions. Under these exceptional circumstances, the Speaker suggested that the house would probably consider that the committee had not so far exceeded its powers as to require the withdrawal of the bill. But as private rights and interests were concerned in the bill, and in the amendments made by the committee, he recommended that it should be referred to the examiners. This was accordingly done ; and though it appeared that in respect of some of the amend- ments the standing orders had not been complied with, the standing orders committee reported that they ought to be dispensed with ; and the bill was allowed to proceed through all its further stages.^ By standing order No. 213 — Report to " ^^^ report upon every private bill shall lie upon the table ; and the lie upon bill, if amended in committee, or a railway or tramway bill, shall be the table, ordered to lie upon the table ; but if not amended in committee, and ■ not a railway or tramway bill, it shall be ordered to be read a third time." The bill reported to the house is a copy of the bill as amended in committee. The report upon a railway or tramway bill, or upon a bill promoted by a local authority, is ordered to be printed, and is circulated with the votes . Tramroad and subway bills are treated as railway bills. The minutes of proceedings of committees are also some- times ordered to be printed.^ Interval ^^ t^® ^^^^ ^^ private bills ordered to lie upon the table, between three clear days are required to intervene between the report report and j x j. conside- and the consideration of the bill. And three clear days, at bill. least, before the consideration of the bill, a copy of the bill. Bill as ^® amended in committee, is to be laid by the agent before amended to ^^e chairman of ways and means, and the counsel to the be laid before Spoater, and deposited with the public departments men- of ways tioned in standing order No. 84. s"o'°84'^ One clear day's notice, in writing, is required to be given Notice of by the agent for the bill, to the clerks in the Private Bill conside- ImT " ' 131 0. J. 354, &o. ; 203 H. D. 3 = Eegent'e Canal and Eallway 8. b. 239. s. 1679 ; Mr.,Speaker Brand's Note- Bill, 1882, 137 0. J. 251 book. CONSIDERATION OF PRIVATE BILLS. 789 yxvTiT ^^°®' °^ *^® *^*y proposed for the consideration of every L private bill ordered to lie upon the table. When it is intended by the promoters or opponents to Conside- bring up any clause, or to propose any amendment on the bill'; consideration of any bill ordered to lie upon the table, or f^l^l *'"' any verbal amendment, on the third reading,^ notice is to be ™«its- *? 0* 94-2 given, in the Private Bill Office, one clear day previously. No clause or amendment may then be offered, unless the When re- chairman of ways and means has informed the house, or standing signified in writing to Mr. Speaker, whether, in his opinion, °''fj^"g*^°™" it be such as ought (or ought not) to be entertained by the s. 0. 216. house, without referring it to the standing orders committee. And the clause or amendment, when offered by a party Clauses or promoting or opposing a bill, is to be printed; and when ^^tg ^^ 1,^ any clause is proposed to be amended, it is to be printed P^'i'ted. in extenso, with every addition or substitution in different type, and the omissions therefrom in brackets, and under- lined.^ And on the day on which notice is given, the clause or amendment is to be laid before the chairman of ways and means, and the counsel to Mr. Speaker. But if any clause or amendment be proposed by a member,independently of the parties concerned in the bill, he may either give notice in the votes, as in the case of a public bill, or in the Private Bill Office. If a clause or amendment be referred to the standing Report of orders committee, there can be no further proceeding until orders otiu. the report has been brought up. When the clause or™'"^®- amendment has been offered on the consideration of the bill, 97. they report whether it should be adopted by the house or not, or whether the bill should be recommitted. If a verbal amendment be offered on the third reading, they merely report whether it ought (or ought not) to be adopted by the house at that stage. On the consideration of the bill, the house may, subject Clauses to the preliminary proceedings already described, and to ^entT™ " the restriction imposed on such amendments by standing ' 112 C. J. 215. 275. ty til© party offering the clause or ' The expense of printing is borne amendment. 790 RECOMMITMENT. order No. 41 (Public Business), (see Appendix), introduce Chapter new clauses or amendments, or the bill may be recommitted,^ 1 or ordered to be considered on a future day. If any clause ^„tg p„ or amendment be opposed, its consideration is adiourned «?»«'*'■«- ^^ ' •' tion, see p. until the next sitting of the house. 853. Recommit- When biUs are recommitted, they are referred to the "™ ■ former committee ; and no member can then sit, unless he had been duly qualified to serve upon the original committee on the bill, or be added by the house.^ In the case of a recommitted bill, two have sometimes been the quorum.^ Unless the bill be recommitted by the house, with, express reference to particular provisions, the whole bill is open to reconsideration, in committee.* Notice of One clear day's notice is to be given by the committee committee. ^^^^-^ ^f ^^iQ meeting of the committee ; and a fiUed-up bill, 8. 0. 236. ^ . ' f > Fiiied-up *^ proposed to be submitted to the committee, on recom- biii de- mittal, is to be deposited by the agent in the Private Bill s. 0. 237. Office, two clear days before the meeting of the committee. Entry of When amendments are made by the house on the con- !f?!t ., sideration of a bill, or verbal amendments on the third meuts on ' report or reading, and when Lords' amendments have been agreed to, third read- ^' ° ing; and they are entered by one of the clerks in the Private Bill amend- Office, upon the printed copy of the bill, as amended in ments. committee. That copy is signed by the clerk, as amended, and preserved in the office. Notice of One clear 'day's notice, in writing, is required to be given tMrdread- ^^ ^^^ ^^^^^ f^^ ^^le bill, to the clerks in the Private Bill s. 0. 243. Office, of the day proposed for the third reading ; and this notice may not be given until the day after the bill has been ordered to be read a third time. If necessary, the order for the third reading may be discharged, and the bill recom- mitted.^ » Blaokroek, &c., Drainage Bill, Eoads, 1856, IH ib. 256; Bexley 1893, was recommitted with an in- Heath Bail way Bill, 1887, 142 ib. 166 . struotion to insert clauses altering ' Edinburgh Extension Bill, 1885, the elective franchise and not cog- 140 ib. 351 ; Bexley Heath Railway nate to the bill, August 4th, 1893. Bill, 142 ib. 166 ; Water of Leith * Warrington and Altrinoham Bill, 1889, 144 ib. 172. Railway Bill, 1853, 108 C. J. 698. » 106 ib. 202. 209. ' Cleobury, North, &o.. District ■iueens consent. THIRD EEADING. 791 xxvni. ^^ *^® ^^"'^ reading, verbal amendments only may be Third read- ■ proposed. In other respects, this stage is the same as in 'j'% g^g public bills ; the house finally approves of the entire bill, with all the alterations made since the second reading, and preparatory to its being passed and sent up to the House of Lords.^ This is usually the stage at which the Queen's consent is Qu signified to any bill affecting the property or interests of the ' Crown, or Duchy of Lancaster; and the consent of the Prince of Wales, when of age, on behalf of the Duchy of Cornwall.^ On the 20th of April, 1852, notice being taken that her Majesty's interest was concerned in the Ehyl Im- provement Bill, and that her consent had not been signified thereto, the proceedings on the third reading of the bill, on a previous day, were ordered to be null and void.* No private bill is permitted to be sent up to the House of Certificate Lords, until a certificate is endorsed on the fair printed bill, nation™' and signed by the proper officers, declaring that such printed ^- ^- ^^S- bill has been examined, and agrees with the bill as read a third time. Every stage of a private bill, in its passage through the no bill Commons, has now been described, with the several standing ^^iw^ orders and proceedings applicable to each. In conclusion, it ^"'^^ "'*'' • 1 -Ti ""^^ stage may be added : 1. " That no private bill may pass through in a day. two stages on one and the same day, without the special leave ^' ''• ^^^• of the house ; " and 2. " That, except in cases of urgent and standing pressing necessity, no motion may be made to dispense with penned '^'^" any sessional or standing order of the house, without due ^^t''- .. ., f» ' -S. 0.224. notice thereoi. If the bill be subsequently returned from the Lords with Lords' amendments, notice is to be given, in the Private Bill Office, ^^f one clear day before they are to be considered, and if any s. 0. 246. amendments be proposed thereto, a copy of such amendments is to be deposited ; and no such notice may be given until the day after that on which the bill has been returned from » See p. 471. ' 107 ib. 157. See Blaokwater M08 0. J. 716; 110 ib. 334; 132 (Youghal) Wooden Bridge, 1866, ib. 245, &o. 121 ib. 423. 792 LOBDS' AMENDMENTS. S. 0. 86. the Lords. A copy of such amendments is also to be laid Chapter XXTIU before the chairman of ways and means, and the counsel to '. Mr. Speaker, before two o'clock on the day previous to that on which they are to be considered ; and as the Lords' amend- ments may relate to matters which might be construed to involve an infringement of the privileges of the Commons ; and the amendments proposed to them may be in the nature of consequential amendments,^ the Speaker's sanction must 8. 0. 220. be obtained before they are proceeded with. Before Lords' amendments are taken into consideration, they are printed at the expense of the parties, and circulated with the votes ; and where a clause has been amended or a Lords' amendment is proposed to be amended, it is printed in extenso, with every addition or substitution in different type, and omissions in- cluded in brackets and underlined. If any amendment be proposed to the Lords' amendments, involving a charge upon the people, it is committed to a committee of the whole house.^ In the case of the Great Northern Railway (Isle of Axholme Extension) Bill, the Lords' amendments were referred to a committee nominated by the committee of selection.^ In other cases, the Lords' amendments have been recommitted, or referred, to the former committee by whom the bills had been considered.* Committee In case a bill should not be proceeded with in the Lords, Lords*'" ill consequence of amendments having been made which Journals, infringe the privileges of the Commons, the same proceed- ings are adopted as in the case of a public bill, and the bill is laid aside.^ A committee is appointed to search the Lords' Journals, of which previous notice is to be given by the agent, in the Committee Clerks' Office ; and on the report of the committee, another bill (No. 2) will be ordered, including the amendments made by the Lords. ' See p. 477. Bill, 1867. ^ Ulverstone, &o., Railway Bill, " Clauses dealing with the stamp 106 C. J. 358 ; Manchester Improve- duty were in the following bills, as mentBill, ib. 398; Ohristchuroh, &o., brought from the Lords: Provident Tithe Bill, 1878, 133 ib. 409. Life Assurance Company Bill, and ' 103 ib. 790. the Imperial Fire Assurance Com- * Salford Improvement Bill, 1862, pany Bill, 1889, 144 ib. 304. 306. 117 ib. 360 ; Great Eastern Eailway PRIVATE BILLS IN THE LORDS. 793 Chapter ZXIX. CHAPTER XXIX. Table of COUESE OF PEOCEEDINGS IN THE LORDS UPON PRIVATE Contents, see p. xli. BILLS. Formerly, the only private bills which could originate in the Lords were those which did not concern rates, tolls, or duties. But the convenient relaxation in the privileges of the Commons (see p. 647), and the desire which has been evinced to equalize the pressure of private business upon the two houses, has led to arrangements for the introduction of as near as may be half of the private bills into the House of Lords. The private bills which have always been first brought into the Lords are estate, naturalization, name and divorce bills, and such as relate to the peerage, which are now termed personal bills, in the Lords' standing orders ; and the proceedings on these bills will form the subject of the next chapter. The private bills comprised in the two classes already enumerated (see p. 679) are distinguished in the Lords' standing orders as local bills ; and it is proposed in the present chapter to follow the proceedings on these bills in the Lords, whether brought from the Commons, or commencing in the Lords in accord- ance with the arrangement above alluded to, by which the chairman of committees in the Lords and the chairman of ways and means determine what local bills are to be first considered in the House of Lords. Bills relating to the metropolis, to the release of parliamentary deposits forfeited to the Crown, and to police and sanitary regulations ordi- narily originate in the House of Commons; and, on the other hand, it has been the custom that bills involving complicated questions of capital, or dealing with the con- stitution of insurance companies or with alterations of the memorandum of association of a limited company, or with patents, should be first considered in the House of Lords. Private bills origi- nating in the Com- The two classes of bills. 8. 0. 1. The marginal references to standing orders are taken from the edition of 1892 (House of Lords). Police and sanitary committee, see pp. 721. 767. 794 PEOCEEDINGS IN IHE LOEDS. Bills for confirming provisional orders or certificates may Chapter also originate in the House of Lords (see p. 647). L_ Bills sub- It may here be observed that the progress of a bill diairman tlirough the Lords, after it has passed the Commons, is h-ii' ^^'l'^ much facilitated by the practice of laying the bill before ingin the Lords' chairman of committees and his counsel (see p. 722), and giving effect to their obseryations during the progress of the bill through the Commons. The amend- ments suggested in the Lords are thus embodied with the other amendments, before the bill has passed the Commons ; and, unless the bill be opposed, its progress through the Lords is at once easy and expeditious. Another advantage of this mode of amending the bill, as it were by anticipation, is that numerous amendments may then be conveniently introduced, which could not be made by the Lords without infringing the privileges of the Commons. Local bills ^ lot'^l "^'^^ ^^ presented to the House of Lords without presented, ^j^g preliminary petition which is required for the introduc- tion of a private bill in the House of Commons, except when the promoters of a bill have failed to make the necessary deposits within the time limited by the standing orders. In this case a petition, with a copy of the bill annexed thereto, is presented to the house, and they are together referred to the examiner, who reports to the house that the standing orders have not been complied with, and the standing orders committee, to whom the report is referred, decide whether the circumstances of the case are such that the standing orders may be dispensed with and leave be given to introduce the bill.^ „ . . On the 3rd August, 1854, the Lords first appointed of standing examiners to take proofs of compliance with the standing orders, and the evidence taken before them was received by the standing orders committee, as if it had been given before themselves. On the 30th July, 1858, the same powers were delegated to the examiners which those officers had exer- cised for the Commons ever since their first appointment, in ' Biehardson and Co. CWarrants) Patent Bill, 1891; Portsea Island Bill, 1890 ; Worm's and Bale's Building Society Bill, 1893. PBOCKEDINGS OF EXAMINEES. 795 xxix' ^^^^- ^y *^® present standing orders of their lordships, there are two officers of the house called " the examiners of standing orders for private bills," appointed by the house. A printed copy of every local bill, proposed to be intro- s. 0. 32. duced into either house, is required to be deposited in the Office of the Clerk of the Parliaments, on or before the 17th December; and the examination of the bills so deposited is to commence on the 18th January. Any S. 0. 69- parties may appear before the examiners and be heard, by ^^' themselves, their agents and witnesses, upon a memorial addressed to the examiner, under precisely the same con- ditions as in the Commons. The examiner certifies whether the standing orders have or have not been complied with ; and when they have not been complied with, he certifies the facts upon which his decision is founded, and any special circumstances connected with the case ; and his certificate is deposited in the Office of the Clerk of the Parliaments. If the examiner feels doubts as to the due construction of any standing order, he may make a special report, which will accompany his certi- ficate. Petitions for additional provision in private bills, origi- nating in the House of Lords, are referred to the examiner, and he is to report to the house in respect of all standing orders which would have been applicable in the case of a bill. By these arrangements the proofs of all the requirements of the standing orders which are to be complied with, prior to the introduction of the biU into either House of Parlia- ment, are taken before the bill is brought into the House of Lords ; and every bill, in the two classes, and every pro- visional order confirmation bill, brought from the Commons is referred, after the first reading, to the examiners, before whom compliance with such standing orders as have not been previously inquired into, are proved. The examiner gives two clear days' notice of his examination, either of a bill or of additional provisions ; and memorials are to be deposited, with two copies, before twelve o'clock on the preceding day. The certificates of the examiners are laid 796 STANDING OEDBRS COMMITTEE. upon the table of the house, the first day on which the Chapter house sits after their deposit. ^"^' standing '^^^ standing orders committee is appointed at the corn- orders mencement of eTery session, and consists of forty lords, committee. , .-, , J ' s. 0. 80- besides the chairman of committees of the House of Lords, who is always chairman of the standing orders committee. Three lords, including the chairman, are a quorum. The functions of this committee are now assimilated to those of the standing orders committee in the House of Commons. When any certificate of the examiner, stating that the standing orders have not been complied with, or any special report has been referred to them, they make a report in the same terms as that committee (see p. 700). The parties affected may be heard by the committee, pro- vided they have deposited a statement, strictly confined to the points reported upon' by the examiner. In all opposed cases such statements are to be printed. No party appear- ing before the committee will be allowed to travel into any matter not referred to in his statement. Such statements are to be lodged in the Office of the Clerk of the Parlia- ments, not later than three o'clock on the second day after the order for the meeting of the committee is made. Three clear days' notice is to be given of the meeting of this committee. In addition to the standing orders already proved before standing the examiners, prior to the introduction of the bill, there are other orders, compliance with which is proved, at a later period, before the examiner, who in all cases reports whether they have or have not been complied with. They relate to particular classes or descriptions of bills, and will be stated as they respectively apply to each. " wiiar '^^^ order, commonly known as " The Wharncliffe Order," ciiffe originated in the House of Lords, and, mutatis mutandis, was 0rcl6J','' adopted by the House of Commons in 1858; it has often been amended, and now, divided into several orders, it appears in the standing orders of both houses as Nos. 62 to 66, which briefly are as follow : — By standing order No. 62, in the case of every bill, whether WHAENOLIFFE OEDER. 797 xlix' originating in the House of Lords or the House of Commons, Meeting of promoted by a company already constituted by Act of f "case* of ^ Parliament, proof is to be given before the examiner, before u"!'*™ the second reading, that the several requirements of the s. 0. 62. standing order relating to the meeting of proprietors, and the approval of the bill by such proprietors holding at least three-fourths of the paid-up capital of the company, have been complied with. By standing order No. 63, in the case of every bill, whether Meeting of originating in the House of Lords or the House of Commons, ^^™mHed empowering or requiring any company, society, association, companies, or co-partnership formed or registered under the Companies case of bill Act, 1862, or constituted by Act of Parliament, royal charter, ^,^^orre- letters patent, deed of settlement, contract of co-partnery, ^"^^^"^ "** cost book regulations, or other instrument, and under the *<=•• '" ^o ^°y *ct management of a committee, or directors, or trustees (and not autho- not being a company to which the preceding order applies), existing *^ to do any act not authorized by the memorandum and P"^""^- S, 0, 63. articles of association, or other instrument or instruments constituting or regulating such company, society, associa- tion, or co-partnership, or authorizing or enacting the abandonment of the undertaking, or any part of the under- taking of any such company, society, association, or co- partnership, or the dissolution thereof, proof shall be given before the examiner, before the second reading of the bill, that the bill has been approved of by a majority of three- fourths in number and value of the proprietors, and simi- larly by a separate class of proprietors as distinct from the proprietors generally, so far as the bill relates to such class. And under standing order No. 65, in the case of every bill brought from the House of Commons, in which the same provisions as are mentioned in standing order No. 63 have been inserted in that house, the same proofs are required to be given before the examiner. By standing order No. 64, in the case of every bill brought Meeting of from the House of Commons in which provisions have been ["thV^case inserted in that house, empowering the promoters thereof »[jj^^"|^'^^.'°. being a company already constituted by Act of Parliament nating in 798 WHAENCLIFFE OEDEE. the House of Com- mons. S. 0. 64. Proof of consent to subscrip- tions to another company. S. 0. 66. to execute, undertake, or contribute towards any work other Chapter XXIX than that for which it was originally established, or to sell L or lease their undertaking or any part thereof, or to enter into agreements with any other company for the working, maintenance, management, or use of the railway or works of either company or any part thereof, or to amalgamate their undertaking or any part thereof with any other under- taking, or to purchase any other undertaking or any part thereof, or any additional lands, or to abandon their undertaking or any part thereof, or to dissolve the said com pany, or in which any such provisions originally con- tained in the bill have been materially altered in that house, or in which any such powers are conferred on any company not being the promoters of the bill, the examiner shall report whether the consent of the proprietors by a majority of three-fourths in number and value has or has not been given to the bill. When any bill contains a provision authorizing any com- pany to subscribe or alter the terms of subscription towards, or to guarantee, or to raise any money in aid of, the under- taking of another company, proof is required before the examiner that the company so authorized has duly consented to such subscription, &c., at a meeting of proprietors, subject to the same provisions as the meeting directed to be held under order 64 : but where such consent has been given, the bill in respect of such provision need not be submitted to the approval of a meeting to be held in accordance with that order. These standing orders, Nos. 62 to 66, contain special re- quirements with regard to the notice to be given of meetings, the holding of a poll if demanded, the use of proxies and other matters for the conduct of the proceedings at the meetings, and the record of the result; and by these re- quirements the interests of every class of the proprietary are secured. Proprietors In case any proprietor, shareholder, or member of or in any com- dissenting, pany, society, association, or co-partnership shall, by himself or any unto* '"^ person authorized to act for him In that behalf, have dissented at any OTHEE STANDING OEDEBS. 799 Chapter meeting called in pursuance of standing orders Nos. 62. 63. 64. 65, or orders 62- ^^^' 66, such proprietor, shareholder, or member shall be permitted to be ^^' *? ^« heard by the examiner on the compliance with such standing order, th"ex- '^ by himself, his agents and witnesses, upon a memorial addressed to aminer. the examiner. S. 0. 74. When any railway bill contains a provision by which Certain payments are charged on grand jury cess or local rate in buisTub- Ireland, it is to be submitted to, and approved by, the ™^*^'^ *" grand jury or local authority, and notice given thereof; and juries in « J, ,. . T 1 . Ireland. prooi 01 compliance with these requirements is to be given s. o. 67. before the examiners. When in any bill brought from the House of Commons Consent of for the purpose of establishing a company for carrying on &c^°* "o' any work or undertaking, the name of any person or persons ?™ named appears as manager, director, proprietor, or otherwise con- be proved. cerned in carrying such bill into effect, proof shall be re- ^" ^' ^^' quired before the examiner that the said person or persons have subscribed their names to the petition for the bill, or to a printed copy of the said bill, as brought up to the House of Lords. Whenever, during the progress through the House of Alteration Commons of any bill of the second class, any alteration has unto'^biil been made in any work authorized by such bill, proof is to be °[ second given before the examiners of the various matters which are during DrOffl'GSS the subject of the standing orders generally to be complied through with in respect of bills of the second class, and which are ^^^^' fully set forth in the standing order No. 61 (see also p. 697). s. o. 6i. A copy of every railway, tramroad, tramway, subway, and Proof of canal bill, as brought from the House of Commons, is to be ^Ifi^^^f deposited in the Office of the Board of Trade, not later than *«=•. ^iiis, ■^ after first two days after the bill is read a first time ; and afterwards reading. a copy of the bill, as amended in committee, is to be ^ ^ ^°- deposited three days before the third reading; and proof of compliance with this order is to be given by depositing a certificate from the board, in the Private Bill Office. Similarly, copies of all bills brought from the House of Of other Commons, the objects of which are set forth in standing ^ ^ gg^ order No. 60 A, affecting the jurisdiction of the following 800 FIRST AND SECOND BEADING. government departments, are, not later than two clear days Chapter after first reading, to be deposited respectively at the Office . of the Local Government Board, the General Register Office, and the Home Office, and compliance with this order is to be proved before the examiner. These are the several standing orders of the Lords, which must be proved before the examiner or otherwise. Others will presently be added, in describing the further stages of bills. First and No local bill IS to be read a first time until after the read^n examiner has certified compliance with the standing orders, s. 0. 86- and, if originating in the Lords, is to be read not later than three clear days after such certificate. No local bill brought from the Commons, or provisional order bill, is to be read a second time until after the certificate of the examiner ; nor after certain dates (generally in June) determined by sessional orders.'^ Bills relating to charities are not to be read a second time until the house has received a report S. 0.133k. from the attorney-general. And railway, tramroad, tram- way, and subway bills for increasing maximu m rates are not to be read a second time until after a report from the board of trade has been laid upon the table. No local bill, originating in the House of Lords, is to be read a second time earlier than the fourth day, nor later than the seventh day, after the first reading, except in certain cases mentioned in standing order No. 91. Petitions No petition praying to be heard upon the merits, against bills, when any local bill or provisional order confirmation bill brought to be pre- fj.Qj^ ^j^g Houso of Oommous, will be received unless it be sented, ' s. 0. 93. presented by being deposited in the Private Bill Office, before three o'clock in the afternoon, on or before the seventh S. 0. 92. day after the first reading. In the case of bills originating in the House of Lords, petitions are to be presented on or before the seventh day after the second reading. Petitions j^q petition for additional provision is to be presented ditionai without the Sanction of the chairman of committees ; and no !s!°0.^94. ^^^^ petition will be received in the case of a bill brought from the House of Commons. ' 124 L. J. 79, and preceding years. SECOND EEADING AND COMMITMENT. 801 Chapter Any agreement intended to be scheduled to any bill shall Scheduled L_ contain a clause declaring the same to be made subject to alThl^" ^ such alterations as Parliament may think fit to make p'*??'^ ^^ therein : but if the committee on the bill make any material men*. alteration in any such agreement, it shall be competent to ' ' any party thereto to withdraw the same. When powers are applied for to amalgamate with any Amaigama- other company, or to. sell or lease the undertaking, or pur- '"" ' '' chase or take on lease another undertaking, or to enter into traffic arrangements, all such particulars are to be specified in the bill as introduced into Parliament. The second reading of a local bill is in most oases formal'. Second and does not,, as in the case of public bills, affirm the prin- commit- ciple of the bill, which may therefore be called in question "^°'' before a select committee.^ The second reading is followed by the commitment. Unopposed local bills are referred to unopposed the chairman of committees, "and such lords as think fit to f^'|.g]^t„ attend : " but the business is practically transacted by the "P^" <""^ _ 1 "^ mittees. chairman of committees, assisted by his counsel, and the responsibility is vested in the chairman by the house. Every bill has been previously examined by the chairman chairman and his counsel : but at this period the chairman exercises tees™nd"hi's the authority of his own office, combined with that of a counsel. committee of the hause. In the absence of the chairman from illness, another peer has been appointed to take the chair in all committees, upon private bills, and other matters.^ This supervision of private bills, by responsible officers, originated in the House of Lords; and for many years the House of Commons, relying upon the aid which its legislation received from the other house, did not adopt any similar arrangement of its own : but, as private business increased in importance, the house gradually entrusted to the chairman of ways and means many duties analogous to those performed by the chairman of committees in the ' See debate on motion to recommit * Viscount Eversley, 13th Feb. the South-Bastern and London, 1871, 103 L. J. 15; 23rd April, 1874, Chatham, and Dover Railway Com- 106 ib. 77 ; Earl of Selborne, 15th panies (Arbitration) Bill, 18th May, May, 1888, 120 lb. 180. 1885, 298 H. D. 3 s. p. 650. P. 3 F 802 lords' committees. House of Lords : and with the assistance of the counsel to Chapter XXIX. Mr. Speaker, he is now charged with the supervision 'of all private bills (see p. 721). Unopposed The chairman of committees may, in any case, report his treated a" Opinion to the house, that any unopposed bill on which he opposed, shall sit as chairman, ought to be proceeded with as an opposed bill.^ Commit- Every opposed local bill or provisional order bill is tecs on op- j-gferred to a select committee of five, selected by the com- posed bills. ' .' s. 0. 96. mittee of selection, by whom also the chairman is appointed. Lords are exempted from serving on the committee on any bill in which they are interested, and may be excused from serving for any special reasons, to be approved of, in each case, by the house. Every member of the committee is ordered to attend the proceedings during their whole con- tinuance ; and no lord who is not one of the five is permitted to take any part in the proceedings. Committee The Committee of selection consists of the chairman of °i^^^^Q7°°' committees and four other lords, who select and propose to the house the names of the five lords who are to form a select committee for the consideration of each opposed local or provisional order bill, and appoint the chairman. On the 2nd April, 1868, it was resolved that the absence of any lord, except on sufficient reason, ought not to prevent the committee of selection from calling for his services.^ Sittings of The attendance of the lords upon such committees is very oa™biiis.^'° strictly enforced. The committee is to S 0. 99. " Meet not later than eleven o'clock every morning and sit till four, and shall not meet at a later hour, nor adjourn at an earlier hour, without leave of the house, or without reporting the cause of such later meeting or earlier adjournment. No committee shall adjourn over any day except Saturday and Sunday, Christmas Day, and Good Friday, without leave of the house : but should a committee meet on a Saturday, the sitting is to be in conformity with this order." S. 0. 101. " If any member is prevented from continuing his attendance, the committee shall adjourn, and shall not resume its sittings in the absence of such member, without leave of the house : but if the house is not then sitting, the committee may, with the consent of all parties, ' Gaslight and Coke Co. Bill, 1873. Durham Water Bill, 1878. ' 100 L. J. 103. ON LOCAL BILLS. 803 Chapter continue its sittings in the absence of any member, provided that the XXIX. number of the committee be not less than four, and that the committee report accordingly to the house, at its next meeting." i The committee on the bill, whether opposed or not, per- Pioceed- form the same duties as in the Oommons, They examine the commftteos provisions of the bill, make amendments, add clauses, and, "^ ''i"^- in particular C£i.ses, inquire into the compliance with such standing orders as are to be proved before them. No com- s. 0. 103. mittee on a local ox provisioijEtl order bill, however, may- examine into the compliance with such standing orders £|,s are required to be proved before the exs^miners. If no parties appear on their petitions against a bill, or, where op- having appeared, withdraw their opposition, or are found ^Tth-™ to have no laeus standi, the CQmmittpe is forthwith to refer '*''*''°- it hack to the house, with a statement of the facts, and the bill is then dealt with by the chairnjan of committees as if originally unopposed. The proceedings of a Lords' committee differ in no mate- Witnesses rial point from those of a committee in the Commons, except "^ °^*'^' as to questions of locus standi presently to be njentioned. By the 21 & 22 Vict. c. 78, any committee of the House of Lords may a,dminister an oath to the witnesses examined before them ; and thus the inconvenience of a previous attendance at the bar of the house is avoided. Petitions Petitioners against the bill are referred, and the parties are heard ^^'^ ' by themselves, their counsel, agents, and witnesses, in the same manner, and subject to nearly the same rules, ^s in the Commons. Some are heard upon the preamble, and others against particular clauses, or in support of new clauses or amendments. The bill is gone through, clause by clause, and, after all amendments have been made, it is reported, with the amend ments, to the house. Questions on the locus standi of the petitioners against a bill are heard by the committee to which the bill is referred, and in this respect the House of Lords have preserved the original practice of both houses, which was abandoned by the House ' See debates on the absence of Lord Gardner, 24th and 26th June, 1845, 81 H. D. 3 s. 1104. 1190. 804 lords' committees. of Commons in 1865, when the court of referees was Chapter XXIX established. By the following standing orders it is ordered '_ that Proprietors "In case any proprietor, shareholder, or member of or in any company, dissenting gooiety, association, or co-partnership shall, by himself or any person under or- authorized to act for him in that behalf, have dissented at any meeting ders 62- called in pursuance of any of the aforesaid standing orders Nos. 62. 63. b h^^d ^^' ^^' ^^^ ^^' °^ ** ^"^ meeting called in pursuance of any similar against a order of the House of Commons, such proprietor, shareholder, or bill. member shall be permitted, on petitioning the house, to be heard by S. 0. 105, the committee on the bill, by himself, his counsel or agents and witnesses." Chamber of " Where a chamber of commerce or agriculture, or other similar commerce, ^jgdy sufficiently representing a particular trade or business, in any be heard district to which any railway bill relates, petition against the bill, against alleging that such trade or business will be injuriously affected by the railway rates and fares proposed to be authorized by the bill, it shall be competent for the select committee to whom the bill is referred, if rates pro- they think fit, to hear the petitioners or their counsel or agents and th^ h witnesses on such allegations against the bill, or any part thereof, or S lo'sA S'S^.inst the rates and fares proposed to be authorized by the same." Similarly, with the House of Commons, since 1889, a petitioner against a bill originating in the House of s. 0. 102. Commons, who has discussed clauses in that house, is not on that account to be precluded from opposing the preamble of the bill in the House of Lords. Special The directions to Lords' committees upon local bills are orders°t^ generally similar to those of the Commons, already described, be proved ^nd the greater part of the standing orders relating to rail- way and other local bills are the same (see p. 759, et seq.). They differ, however, in regard to particular matters, which, by special standing orders, are required to be proved or enforced, either in relation to all bills or to bills of particular classes or descriptions. These orders may now be enumerated. Lettera, Compliance with the following standing orders specially bills, relating to bills for extending the terms of letters patent, is orde'ra to be proved before the committee on the bill : — 137_ ' ' " Every bill for restoring any letters patent shall have a true copy of Buch letters patent annexed thereto, and the total amount of fees on the patent . . . shall be deposited with the comptroller-general of ON LOCAL BILLS. 805 Chapter patent designs and trademarks before the meeting of the committee • on the bill, and such deposit proved before the committee. " In any case in which a bill to restore a patent is entertained, the following clauses shall be inserted for the protection of persons who may have availed themselves of the subject-matter of the patent after it has been announced as void in the ofiScial journal of the Patent Office, with such alterations as the circurastances of each .case may require. " No action or other proceeding shall be commenced or prosecuted, nor any damage recovered : — " (1) In respect of any infringement of the said patent which shall have taken place after the day of (the day on which the patent was announced to be void in the official journal), and before the passing of this Act. " (2) In respect of the use or employment at any time hereafter of any machine, machinery, process, or operation actually made or carried on within the United Kingdom and the Isle of Man, or of the use or sale of any article manufactured or made in infringement of the said patent, after the said day of and before the passing of this Act. Provided that such use, sale, or employment is by the person or corporation by or for whom such machine, or machinery, or article was bond fide manufactured or made, or such process or opera- tion was bond fide carried on, his, or their executors, administrators, successors, or vendees, or his or their assigns. " (3) In respect of the use, employment, or sale at any timehereafter by any person or corporation entitled for the time being under the preceding subsection to use or employ any machine, machinery, process, or operation of any improved or additional machine or machinery, or any improved, extended, or developed process or operation, or of any article manufactured or made by any of the means aforesaid, ip infringement of the said patent. Provided that the use or employment of any such improved or additional machine or machinery, or of any such improved, extended, or developed process or operation, shall be limited to the buildings, works, or premises of the person or corporation by or for whom such machine or machinery was manufactured, or such process or operation was carried on within the meaning of the preced- ing subsection, his or their executors, administrators, successors, or assigns. " If any person shall, within one year after the passing of this Act, make an application to the board of trade for compensation in respect of money, time, or labour expended by the applicant upon the subject- matter of the said patent, in the bond fide belief that such patent had become and continued to be void, it shall be lawful for the said board, after hearing the parties concerned, or their agents, to assess the amount of such compensation, if in their opinion the application ought to be granted, and to specify the party by whom and the day on which such compensation shall be paid, and if default shall be made in payment of the sum awarded, then the said patent shall, by virtue of this Act, become void, but the sum awarded shall not in that case be recoverable as a debt or damages." 806 lords' committees. Houses of The same provision is luadej as in the House of Commons, ' ^*P^' ing dasses^ ^^ regard to bills in which power is sought to take houses and re- inhabited by the working classes, and in regard to enclosure grounds. biUs for preserving open spaces for recreation-grounds (see f33»- lii- p. 768). The folloVring orders respecting a cemetery or burial- ground are to be observed by the Committee on the bill : — timits oF " 111 eVery bill for making or constriliJting gasworks or sewage cetiielerjr, wOrks, Or *orks for the manufacture or conversion of the residual rotad products, or for making or constructing, altering, or enlarging any gasworks, sewage farm, cemetery, burial-ground, destructor, hospital for in- *<=. fe'ctious disease, or railway or tramroad to be worked by electricity ■S. 0. 139. g-Q^pijed from a generating station, there shall be inserted a clause defining the litnits within which such gasworks, sewage works, farm, cemtettery, burial-ground, destructor, hospital, or generating station may be made or constructed." S. 0. l40. " in every bill for making, altering, Or eixlatging any cemetery or burial-ground, a clause Shall be inserted prohibiting the making, altering, or Enlarging such cemetery or burial-ground within -300 yards of any house of the annual value of 50Z., oi of any gardea or pleasure- Iground occupied therewith, except with the consent of the* owner, lessee and occupier thereof in writing." Provisionii Isi the ttase of railway, tramroad-, tramway, and subway ibe'\ns'ened' ^^^^^' '° addition to the general inquiries conducted by the ihraiiway committee-, thfiy are ordered to observe that particular s. 0. lii- provisions be inserted for restrictii)g loans on mortgage ; for ^ ' maintaining the levels of roads, and fot Restraining the Crossing of roads on A level. They are also required to observe the same rules-, and to introdiice the same clauses and provisions, as in the Commons, relative to the fixing of tates aad charges, the completioin of the railway, the appli- cation of the deposit nioney, the pirotection of holdeirs of prefei ence stock or shares, the restriction as to the purchase, &c., of steaia-vessels by railway Companies, the payment of interest otit of Capital or of palrliam'entary deposits out of capital, and the financial arrangements of companies in cases of purchase and amalgamation, the application of the provisions of the Railway and Canal Traffic A'Ct as to the revision of rates, and the working of tramways by local authorities, and other matters which are the subject of ON LOCAL BILLS. 807 xxix' ^™'^^'' standing orders in the House of Lords (see pp. . 760-766). All these provisions, however, would be in- cluded in a bill originating in the House of Commons. By standing order No. 117, the committee on a railway Clause or tramway bill may insert a clause prohibiting the use of ^"''^"''"^ compulsory powers of purchase, if the direct obiect of the <=<"npal5oiT , .,, 1 , . . powers of Dill be to serve private interests, together with further purchase clauses that no penalty should accrue for non-completion, raiiw"™** and for the return of the deposit money to the promoters. ^- ^- 1"- The following clause is also required to be inserted in every railway bill : — " The directors appointed by this Act shall continue in ofBce until Election of the first ordinary meeting to be held after the passing of the Act, and directors in at such meeting the shareholders present, personally or by proxy, may ''^''''^y either continue in oiflce the directors appointed by this Act, or any ^ o 130 number of them, or may elect a new body of directors, or directors to supply the places of those not continued in office, the directors ap- pointed by this Act being eligible as members of such new body," No local bill reported from a select committee shall be Recommit- recommitted before the third day on which the house shall ™n°* ° sit after notice of the motion to recommit the bill. ^- 0. ui. In order to ensure attention to bills affecting public inte- Recommit- rests, the chairman of committees may propose that any TOmmittee local bill be recommitted to a committee of the whole '^}^,^ whole house : ^ but no local bill so recommitted is, by reason of house. such commitment, to be allowed to proceed as a public bill. ' ' A copy of every railway, tramroad, tramway, and subway Amended bill, as amended in committee, is to be deposited at the ^fjl^^^ board of trade three days before the third reading, and 'leposited of every local bill as so amended at the Treasury and the of trade. General Post OfSee. fj: ^*^- 143A. It is further ordered that all local bills in which any Amended amendments have been made in the committee, shall be ■''"s.*" \^ reprinted. reprinted as amended, previously to the third reading, unless s. 0. us. the chairman of committees shall certify that the reprinting of such bill is unnecessary. No amendment may be moved to any bill on the report Amend- ments on ' Oriental Bank Corporation Bill, 1873 ; Nottingham Corporation Bill, 1882. 808 EEPORT AND THIRD READING. report and or third reading, unless it have been submitted to the chair- Chapter reading. ^^^ 0^ Committees, siTidprinied copies (unless he shall con- L s.'O.iU. sider printing to be unnecessary) deposited in the Office of the Clerk of the Parliaments one clear day, at least, prior to such report or third reading, ■proceed- When a private bill has been read the third time, and thfrd* passed, it is either returned to the Commons, with amend- ■reading. ments, or a message is sent to acquaint the Commons that it has been agreed to without any amendment. The ordinary proceedings in the Commons upon amendments made to such bills were described in the last chapter (see p. 791). •In the event of any disagreement between the houses in Tefer^nce to amendme'nts, the same forms ate observed as in 'the case of public bills (see p. 479). 'Provisional Bills for Confirming .provisional orders or certificates, if ^' unopposed, are passed through all theix stages like public bills : but these bills, if they comprise orders or certificates both opposed and unopposed, are dealt with by a select committee in respect of the opposed orders or certificaites, and are then considered in a committee of the whole house, and proceed as public bills. Hybrid " Hybrid bills," as in the House of Commons, are referred to the examiners, and, if opposed, are sent to a select com- mittee, as in the case of an ordinary loca;l bill ; but the •relaxation of the privileges of the Commons in regard to tolls and charges for services performed does not extend to such bills.^ Instructions to committees on local and personal bills are rarely given by the House of Lords, though instances of this mode of procedure have occurred.^ • Eiver Lee Oonseivanoy Bill, the 25th July of the same year, to 1868; see eupra, p. Gil. the effect that a clause in the bill, * See 124 L. J. .112. The com- authorizing the principle of taxation mittee on the Lohdon Improvements for betterment, ought not to be em- Bill, 1893, treated as an inetruotion bodied in a private bill, and refused a resolution of the house passed on to hear the patties on the clause. bills PERSONAL BILLS IN THE LORDS. 809 Chapter CHAPTER XXX. XXX. Table of RULES, ORDERS, AND COURSE OF PROCEEDINGS IN THE LORDS ^^T^x\\\. ^^°^ PRIVATE OR PERSONAL BILLS : AND PROCEEDINGS OF THE COMMONS UPON PRIVATE BILLS BROUGHT FROM THE LORDS. LOCAL AND PERSONAL AND PRIVATE ACTS OF PARLIAMENT. Having traced the progress of local bills through every Privato stage in the House of Lords, it is time to advert to the pro- natfne'^ia" ceedings peculiar to personal bills which have always been *'*^ Lords, first solicited in the Lords. All estate, divorce, naturalization, and name bills, and all Personal other private bills not elsewhere specified as local bilk, are ' ^" termed personal bills. No personal bill is to be brought into the house except Petitions on petition for leave to bring in such bill, and a printed ^'^'j^^j copy of the proposed bill is to be annexed to the petition. I5i. One or more of the parties principally concerned in the con- sequences of the bill, must sign the petition that desires leave to bring in such bill. " A copy of every personal bill is to be delivered to every person Personal concerned before the second reading ; and, in case of infancy, such ^'".^ *" be copy is to be delivered to the guardian, or next relation of full age, ^^ persons not concerned in the consequences of the bill. In any case in which concerned. an infant is or may be interested in the consequences of an estaite bill, 1 Geo. IV. c. 101, 9. 4. See I860; Bolckow, 1868; Sir Richard Munbee's Divorce Bill, presi nted Wallace, 1872 ; De Virte and Baron and read first 6th June, 1861 ; Maekay, 1877 ; Baron de Eamingen, royal assent, 30th June, 1862. This 1880, passed in two days ; Prince is tlie last case of a divorce bill from Henry of Battenberg, 1885 ; Schle- India. singer, 1889; Mrs. Martin, 1890; « Bishop of Jerusalem, 1846 ; Mr. Pohl, 1890. Tufton, 1849; Giustinlani, 1857, PROCEEDINGS IN COMMONS ON LOKDs' BILLS. 813 Chapter It is not usual for petitions to be presented, praying to be Petitions heard against any private bills on the second reading, except sfcond divorce and peerage bills ; and in those cases, whether there '■^*'^"'g- are opposing petitions or not, counsel are heard and wit- nesses examined at the bar, in support of the bill on the second reading. All the ordinary personal bills are referred to an open Commit- committee, consisting, as already explained, of the chairman "^° of committees and such lords as think fit to atteud, who inquire whether all the standing orders applicable to such bills, not already proved before the examiner, have been complied with, and take- care that the proper provisions are inserted. Unlike other private bills, divorce bills, instead of being Divorce committed to an open committee, or to a selected committee, commiUM are committed, like public bills, to a committee of the whole °*^,";^ house. house. When a local or personal bill is reported from a com- Report, mittee, and any amendments that may have been made are ing'^&/* ' agreed to by the house, the bill is ordered to be read a tliird time on a future day. The bills sent down to the Commons pass through the Lords' same stages, and are subject to nearly the same rules, as bii'iTin the other private bills, except that name bills need not be "^"""""n*- printed. See p. 706. -A-H local and personal bills, and bills for confirming Referred to provisional orders or certificates, when received from the ^ q 72. Lords, are read a first time, and, unless they be name or '^3, H. c. divorce bills, are referred to the examiners of petitions for private bills. Two clear days' notice is given of the exami- nation of every such bill, and memorials complaining of non-compliance with the standing orders may be deposited before twelve o'clock on the day preceding that appointed by the examiner. If the examiner reports that the standing orders have been complied with, or that no standing orders are applicable, the bills are read a second time. Not less s. 0. 204, than three clear days, nor more than seven, are required to ' " elapse between the first and second reading, unless the bill 814 PROCEEDINGS IN COMMONS ON LOEDS' BILLS. has been referred to the examiner,^, in which case it is not Chapter to be read a second time later than seven clear days after '__ Second his report, or that of the standing orders committee. Three and com- clcar days' notice of the second reading is to be given, but mitment. j^gt until the dav after the first reading. After the second 8 0. 235 H. c. ' reading, every such bill, except a divorce bill, is referred to the committee of selection, or to the general committee on railway and canal bills, as the case may be, to be dealt with in committee either as opposed or unopposed as if originat- ing in the House of Commons (see p. 715), but if unopposed. See p. 717. it is committed to the chairman of ways and means and two ■ other members, of whom one at least is not to be locally or otherwise interested in the bill, or one member and a Notices referee. There must be three clear days between the second vals'fo/'^ reading of a name or ordinary estate bill and the sitting of name and ^[le committee, and six clear days if the estate bill relates to estate _ •' bills. Crown, Church, or corporation property, or property held jj" Q ' in trust for public or charitable purposes. One clear day's notice is giveu, by the clerk to the committee of selection, of the sitting of the committee. Amendments are rarely made to such bills, after they have been received from the s. 0. 213,' Lords; and on being reported from the committee they are, ■ ■ therefore, ordered to be read a third time. One clear day's s. 0. 243, notice of such third reading is to be given, but not until the H C . f o ■- ■ day after the bill has been ordered to be read a third time. Standing Some bills, howcver, are received by the Commons at so suspended, ^^^tc a period of the session, that it becomes necessary to spspend the standing orders, and to permit them to proceed without; the usual intervals and notices. Estate ^^ ^^ '^^^^ P^ ^^ estate bill, the committee are to report )>)\]s, cm- specially to the house if it contains provisions extending repofi. either the tepm or i\e erea of any settlemejit of land, and jj' P ' |;he report is to be printed and circulated with the votes. All that need be said of divorce bills in the Commons is wnrin^the *^'^*' ^^ ^^^ Commencement of each session a committee is Commons, nominated, consisting of nine members, of whom three are 8. 189- ' o 192, H.c. a quorum, and is denominated "the select committee on divorce bills." To this committee all divorce bills are LOCAL AND PERSONAL ACTS. 815 Chapter committed after the second reading. There are several 1_ orders applicable to such bills, which need not be enume- rated. On the 13th June, 1854, Berens' divorce bill had been Death of read a third time and passed, when intelligence was received foVbiu"'^' of the death of Mr. Berens, the husband and petitioner for the bill. On the following day the proceedings upon the third reading were ordered to be null and void. Another day was named for the third reading, but the bill was subsequently allowed to drop. All private bills, during their progress in the Commons, Divisions are known by the general denomination of private bills : biifs?™ ° ' but in the Lords the several bills, which are divided into the first aad second class, are now distioguished in the standing orders as local bills ; and estate, divorce, naturali- zation, name, and other bills not specified as local bills, are termed personal bills. After they have received the royal assent, private bills are divided into three classes : (1) Local and personal, declared public ; (2) Private, printed by the Queen's printers; and (3) Private, not printed. 1. Every local and personal Act passed before the year i. Local 1851, contained a clause, declaring that it " shall be a public sonai' Acts. Act, and shall be judicially taken notice of as such : " but by Lord Brougham's Act of 1850, for shortening the language of Acts of Parliament, it is enacted that every Act " shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such, unless the contrary be expressly provided and declared by such Act,"^ and the "public clause" has consequently been omitted from all local and personal Acts since that time. Acts of this class receive the royal assent in the form of public Acts, The practice of declaring particular Acts of a private nature to be " public Acts," commenced in the reign of William and Mary, and was soon extended to nearly all private Acts, by which felonies were created, penalties inflicted, or tolls imposed.^ Such Acts were printed with the other statutes ' 13 Vict. c. 21, s, 7. ' Preface to Spiller's Index to the Statutes. 816 PRIVATE ACTS FEINTED AND NOT PRINTED. of the year,^ and were not distinguishable from public Acts, Chapter except by the character of theia- enactments: but since L_ 1798 they have been printed in a separate collection, and are known as local and personal Acts; With the exception of inclosure, or inclosure and drainage Acts, all the bills of the two classes so often referred to are included in this category, and have contained the public clause. In some special cases where local and personal Acts have been of an unusually public character, they have not only contained the ordinary public clause, but have been printed amongst the public general Acts.^ Public Acts Since 1867, a considerable class of Acts, previously cL^racter iuf'luded in the collection of the public general Acts, have been transferred to the local and personal Acts. These are Acts for the confirmation of provisional orders, and for various local purposes. This change was introduced with a view to reduce the inconvenient bulk of the statute-book, and has been carried out as far as circumstances will admit. 2. Private 2. From 17&8 to 1815, the private Acts, not declared ■'^".'^ public, were not printed by the Queen's printers, and could only be given in evidence by obtaining authenticated copies from the statute rolls in the Parliament Office : but since 1815, the greater part of the private Acts have be«n printed by the Queen's printers, and have contained a clause declar- ing that a copy so printed " shall be admitted as evidence thereof by all judges, justices, and others." These consist, almost exclusively, of inclosure, or inclosure and drainage, and estate Acts. Since Lord Brougham's Act, this evidence clause has been retained, with the addition of an enactment that the " Act shall not be deemed a public Act." 3. Private 3. The last class of Acts are those which still remain un- printed. printed : they consist of name, naturalization, divorce, and other strictly personal Acts, of which a list is always printed by the Queen's printers, after the titles of the other private Acts. ' In the blaok-letter edition of the trate Acts, 53 Geo. III. o. 72 ; 7 dk 8 pnblio general acta. Viot. o. 30; Manchester Warehousing " ManohsBter Stipendiary Magis- Act, 7 & 8 Viot. o. 31. LEGAJL DISTINCTIONS. 817 Chapter A local and personal Act, declared public, may be used Legal dj.s. L. for all purposes, as a public general statute. It may be *"'<=*''™^- given in evidence upon the general issue, and will be judicially noticed, without being formally set forth. Nor is it necessary to show that it was printed by the Queen's printers, as the words of the public clause do not require it, and the printed copy of a public Act is supposed to be used merely for the purpose of refreshing the memory of the judge, who has already been acquainted with its enactments. A private Act, on the contrary, whether printed or not, must be specially pleaded, and given in evidence like any other record. If printed, the copy printed by the Queen's printers is received as an examined copy of the record ; if not printed, an authenticated copy is produced from the statute rolls in the Parliament Office.^ By the Act 8 & 9 Vict. c. 113, s. 3, it is enacted "that all Queens copies of private and local and personal Acts of Parliament copies. not public Acts, if purporting to be printed by the Queen's printers," " shall be admitted as evidence thereof by all courts, judges, justices, and others, without any proof being given that such copies were so printed." ' Phillipps & Amos, 611. 3 G 818 TAXATION OF COSTS. CHAPTER XXXI. chapter XXXI. FEES PAYABLE BY THE PAETIES PROMOTING OR OPPOSING Tahle of Contents. PRIVATE BILLS. TAXATION OF COSTS OF PARLIA- see p. xlii. MENTABY AGENTS, SOLICITORS, AND OTHERS. Fees pay- The fees which are chargeable upon the various stages of private private bills, and are payable by the several parties promoting '""^' or opposing such bills, have been settled in both houses, and are published in the standing orders. It is declared by the Commons, " That every bill for the particular interest or benefit of any person or persons, whether the same be brought in upon petition or motion, or report from a committee, or brought from the Lords, hath been and ought to be deemed a private bill, within the meaning of the table of fees ; " and -that "the fees shall be charged, paid, and received at such times, in such manner, and under such regulations as the Speaker shall from time to time direct." In both Lords and Commons, the promoters of provisional orders or certificates are exempt from the payment of fees : but the opponents are not so. In the Commons, only half of the fees for proceedings in the house are charged on estate, divorce, naturalization, and name bills. No fees on an indemnity or restoration bill are charged in the House of Lords. The fees on " hybrid bills," the objects of which are mostly of a public nature, are' usually remitted ; but the petitioners against these bills are charged with them. How col- In both houses, there are officers whose special duty it is to take care that the fees are properly paid by the agents who are responsible for the payment of them (see p. 692). If a parliamentary agent, or a solicitor acting as agent for any bill or petition, be reported as a defaulter in the pay- ment of the fees of the house, the Speaker orders that he shall not be permitted to enter himself as a parliamentary TAXATION OF COSTS. 819 Chapter agent, in any future proceeding, until further directions L_ have been given. In the House of Commons, the whole of the fees were formerly collected and carried to a fee fund, whence the salaries and expenses of the establishment were and partly defrayed; the balance being supplied from the *''^''"*' Consolidated Fund : but by the 12 & 13 Vict. o. 72, all moneys arising from the fees of the house are carried to the Consolidated Fund ; and the officers are paid from the public revenues. In the House of Lords, the fees upon private bills are carried to a fee fund, and thence, since 1868, have been paid to the treasury, after deducting any amount which may be required to supplement the interest on the invested fee fund existing in 1868 for the payment of pensions. The salaries and expenses of the ofiScial establishment of the House of Lords are now included in the estimates. In the case of Chippendall's Divorce Bill in 1850, the pro- Divorce moter petitioned to be allowed to prosecute the bill in forma forrrl pauperis, and in both houses this privilege was conceded to ^""P^"'- him, on proof of his inability to pay the fees. The com- mittee on the bill in the Commons, to whom his petition had been referred, distinguished his case from that of the suitor for any other kind of bill, and considered that the remission of the fees would not afford a precedent in other parliamen- tary proceedings.^ The last matter which need be mentioned in connection Taxation of with the passing of private bills, is the taxation of the costs incurred by the promoters, opponents, and other parties. Prior to 1825, no provision had been made by either house, as in other courts, for the taxation of costs incurred by suitors in Parliament. In 1825, an Act was passed to establish such a taxation in the Commons ; ^ and in 1827, another Act was passed to effect the same object in the Lords.^ Both these Acts, however, were very defective, and have since been re- pealed. By the present " House of Commons " and " House » See report, 25th July, 1850, 105 poor man," 1 ib. 241. C. J. 563. In 1604, counsel was ' 6 Geo. IV. c. 69. assigned to a party, in a private bill, » 7 & 8 Geo. IV. o. 64. in forma pauperis, he "being a very officers. charges. 820 TAXATION OF COSTS. of Lords Costs Taxation Acts," as amended by subsequent chapter Acts,^ a regular system of taxation has been established in •'^^^^' both houses. Taxing In each house there is a taxing officer, having all the necessary powers of examining the parties and witnesses on oath, and of calling for the production of books or writings Lists of in the hands of either party to the taxation. Lists of charges have been prepared, in pursuance of these Acts, in both houses, defining the maximum charges which parliamentary agents, solicitors, and others will be allowed to charge for the various services usually rendered by them.^ Appiioa- ^jjy person upon whom a demand is made by a parlia- taxation. mentary agent or solicitor, for any costs incurred in respect of any proceedings in the house, or in complying with its standing orders, may apply to the taxing officer for the taxation of such costs. And any parliamentary agent or solicitor who may be aggrieved by the non-payment of his costs, may apply, in the same manner, to have his costs To be taxed, preparatory to the enforcement of his claim. The months client, however, is required by the Act to make this applica- ifrery^of ^^'^^ within six months after the delivery of the bill. But '''"• the Speaker in the Commons, or the Clerk of the Parliaments in the Lords, on receiving a report of special circumstances from the taxing officer, may direct costs to be taxed after the expiration of six months. Costs of The taxing officer of either house is enabled to tax the houses whole of a bill brought before him for taxation, whether «ether*°" *^® costs relate to the proceedings of that house only, or to the proceedings of both houses ; and also other general costs incurred in reference to the private bill or petition. And each taxing officer may request the other, or the proper officer of any other court, to assist him in taxing any portion of a bill of costs. And the proper officers of other courts may, in the same manner, request the assistance of the taxing officer of either house in the taxation of parliamentary costs. > 10 & 11 Viot. 0. 69 ; 12 & 13 Vict. ' These lists are printed, for dis- c. 78; 28 Vict. o. 27; 42 & 43 Vict, tribution to all persons who may c. 17. apply for them. TAXATION OF COSTS. 821 Chapter In the Commons, the taxing officer, if requested so to do Certificate oy the parties, reports his taxation to the bpeaker, and in effect of a the Lords, to the Clerk of the Parliaments. If no objection ^^^^l^^ *" be made within twenty-one days after such report, either J"*g'"'''*- party may obtain from the Speaker or Clerk of the Parlia- ments, as the case may be, a certificate of the costs allowed, which in any action brought for the recovery of the amount so certified, will have the effect of a warrant of attorney to confess judgment, unless the defendant shall have pleaded that he is not liable to the payment of the costs. By the House of Commons Costs Taxation Act, 1879, the Powers of powers of the taxing officer were extended to costs in respect officer of provisional orders and certificates, and bills promoted by ®^'™'**'^- public authorities, and opposition to public bills. If re- quested by a secretary of state, or by the local government board, he is also required to tax costs incurred in respect of any bill or provisional order or certificate. ( 823 ) APPENDIX. I. Standing and Sessional Obders. II. Instbtjotions. III. Examples of Amendments to Pboposbd Amendments. IV. Proclamations for the Summons of Parliament. V. Forms of Certificates for Ibstte of Writs by Mb. Speaker DURING A KeOESS. STANDING OEDERS: PUBLIC BUSINESS. HOUSE OP COMMONS. Besolved — SITTINGS OF THE HOUSE. 1. — [24th February, 1888.] That, unless the house otherwise order, Rule regu- the house shall meet every Monday, Tuesday, Thursday, and Friday, lating the at three of the clock, and shall, unless previously adjourned, sit till ^^"^^ ^f " one of the clock a.m., when the Speaker shall adjourn the house the house. without question put, unless a bill originating in committee of ways and means, or unless proceedings made in pursuance of any Act of Parliament, or standing order, or otherwise exempted as hereinafter provided, from the operation of this standing order, be then under consideration. That at midnight on Mondays, Tuesdays, Thursdays, and Fridays, except as aforesaid, and at half-past five of the clock on Wednesdays, the proceedings on any business then under consideration shall be interrupted ; and, if the house be in committee, the chairman shall leave the chair, and make his report to the house ; and if a motion has been proposed for the adjournment of the house, or of the debate, or in committee. That the chairman do report progress, or do leave the chair, every such dilatory motion shall lapse without question put ; and the business then under consideration, and any, business subsequently appointed, shall be appointed for the next day on which- the house shall sit, unless the Speaker ascertains by the preponderance of voices that a majority of the house desires that such business shall be deferred until a later day. Provided always. That on the interruption of business the closure may be moved ; and if moved, or if proceedings under the closure rule be then in progress, the Speaker or chairman shall not leave the chair 824 APPENDIX. until the questions consequent thereon and on any further motion, a& provided in the rule, " Closure of Debate," have been decided. That after the business under consideration at twelve and half-past five respectively has been disposed of, no opposed business shall be taken ; and the orders of the day, not disposed of at the close of the sitting, shall stand for the next day on which the house shall sit. That a motion may be made by a minister of the Crown at the commencement of public business, to be decided without amendment or debate, to the following effect : " That the proceedings on any specified business, if under discussion at twelve this night, be not interrupted under the standing order, ' Sittings of the House.' " Provided always, That after any business exempted from the operation of this resolution is disposed of, the remaining business of the sitting shall be dealt with according to the provisions applicable to business taken after twelve o'clock. Provided also. That the chairman of ways and means do take the chair as deputy Speaker, when requested so to do by Mr. Speaker, without any formal communication to the house. And that Mr. Speaker do nominate, at the commencement of every session, a panel of not more than five members to act as temporary chairmen of committees, when requested by the chairman of ways and means. House to meet on Wednes- day at twelve o'clock. House to adjourn on Wednes- day at six o'clock. Order of business at two o'clock. Suspension of sitting at seven o'clock. Sitting re- sumed at nine o'clock. "WEDNESDAY SITTINGS. 2. — [5th August, 1853.] That the house do meet every Wednesday, at twelve o'clock at noon, for private business, petitions, orders of the day, and notices of motions, and do continue to sit until six o'clock, unless previously adjourned. 3. — That when such business has been disposed of, or at six o'clock precisely, notwithstanding there may be business under discussion, Mr. Speaker do adjourn the house without putting any question. MORNING SITTINGS. 4. — [7th March, 1888.] That, unless the house shall otherwise order, whenever the house shall meet at two o'clock, the house will proceed with private business, petitions, motions for unopposed returns, and leave of absence to members, giving notices of motions, questions to ministers, and such orders of the day as shall have been appointed for the morning sitting. 5. — That on such days, if the business be not sooner disposed of, the house will suspend its sitting at seven o'clock ; and at ten minutes before seven o'clock, unless the house shall otherwise order, Mr. Speaker shall adjourn the debate on any business then under discus- sion, or the chairman shall report progress, as the case may be, and no opposed business shall then be proceeded with. 6. — That when such business has not been disposed of at seven o'clock, unless the house shall otherwise order, Mr. Speaker (or the chairman, in case the house shall be in committee) do leave the chair. o'clock. APPENDIX. 825 and the house will resume its sitting at nine o'clock, when the orders of the day not disposed of at the morning sitting, and any motion which was under discussion at ten minutes to seven o'clock, shall be set down in the order book after the other orders of the day. 7- — That whenever the house shall be in committee at seven o'clock, when the chairman do report progress when the house resumes its sitting, chairman Sittings 8. — [3rd March, 1892.] That the sittings of the house at nine progress at nine o'clock be held subject to the provisions of standing order No. 1, which at nine relate to the interruption of business and the adjournment of the o'clock. house. ADDRESS (QUEEN'S SPEECH). 9. — [29th February, 1888.] That the stages of committee and Committee report on the address to her Majesty, to convey the thanks of the ^'^^e of house for her Majesty's most gracious speech to both houses of continued. Parliament, at the opening of the session, be discontinued. OEDEKS OF THE DAY. 10.— [3rd May, 1861, and 7th March, 1888.] That, unless the Orders of house shall otherwise direct, all orders of the day set down in the ^^ ^"y °^ order book for Mondays, Wednesdays, Thursdays, and Fridays, shall Wednes-''' be disposed of before the house will proceed upon any motions of days, which notices shall have been given, the right being reserved to her Thursdays, Majesty's ministers of placing government business, whether orders Fridays. or motions, at the head of the list on every order day, except Wednesday. 11. — That, while the committees of supply, and ways and means are Orders of open, the first order of the day on Friday shall be either supply or S^,^/^^ °^ ways and means ; and that on that order being read, the question shall ^hen sup- be proposed, " That Mr. Speaker do now leave the chair." ply is first 12.— [29th February, 1888.] That after Whitsuntide, public bills, "^^^^^ ^^ other than government bills, be arranged on the order book so as 'to bills, other give priority to the bills most advanced, and that Lords' amendments than to public bills appointed to be considered, be placed first, to be n^JTviis followed by third readings, considerations of report, bills in progress after Whit- in committee, bills appointed for committee, and second readings. suntide. 13. — [5th August, 1853.] That at the time fixed for the commence- Orders of ment of public business, on days on which orders have precedence f^^,^^J *" of notices of motions, and after the notices of motions have been without disposed of on all other days, Mr. Speaker do direct the Clerk at the question table to read the orders of the day, without any question being put. P°*' 14.— [5th August, 1853, and 7th March, 1888.] That the orders of Order in the day be disposed of in the order in which they stand upon the ^^,^"^|* , paper; the right being reserved to her Majesty's ministers of placing the day government orders or motions at the head of the list, in the rotation shall be in which they are to be taken on the days on which government bills '^'^posed of. have precedence. 826 APPENDIX. Priority extended to notices of motion. GOVEENMENT BUSINESS. 15- — [28th February, 1888.] That on days on which government business has priority, the government may arrange such government business, whether orders of the day or notices of motions, in such order as they may think fit. Motions for bills, &c., at the commence- ment of public business. MOTIONS FOB BILLS, AND NOMINATION OF COMMITTEES. 16.— [7th March, 1888.] That on Tuesdays and Fridays, and, if set down by the government, on Mondays and Thursdays, motions for leave to bring in bUIs, and for the nomination of select committees, may be set down for consideration at the commencement of public business. If such motions be opposed, Mr. Speaker, after permitting, if he thinks fit, a brief explanatory statement from the member who moves and from the member who opposes any such motion respec- tively, may, without further debate, put the question thereon, or the question. That the debate be now adjourned. Motions for ad- journment after ques- tions, on a matter of urgent public impor- tance. Adjourn- ment of house on Friday, when com- mittees of supply, &c., are open. Notice not to exceed four notice days. ADJOUENMENT OP THE HOUSE. 17. — [27th November, 1882.] That no motion for the adjournment of the house shall be made until all the questions on the notice paper have been disposed of, and no such motion shall be made before the orders of the day, or notices of motions have been entered upon, except by leave of the house, unless a member rising in his place shall pro- pose to move, the adjournment, for the purpose of discussing a definite matter of urgent public importance, and not less than forty members shall thereupon rise in their places to support the motion ; or unless, if fewer than forty members and not less than ten shall thereupon rise in their places, the house shall, on a division, upon question put forthwith, determine whether such motion ,shall be made. 18. — [3rd May, 1861.] That while the committees of supply, and ways and means are open, the house, when it meets on Friday, shall, at its rising, stand adjourned until the following Monday, without any question being put, unless the house shall otherwise resolve. NOTICES OF MOTIONS. 19. — [5th August, 1853.] That no notice shall be given beyond the period which shall include the four days next following on which notices are entitled to precedence ; due allowance being made for any intervening adjournment of the house, and the period being in that case so far extended as to include four notice days falling during the sitting of the house. QUESTIONS TO MEMBEES. Notice to 20. — [7th March, 1888.] That notices of questions be given by be given m members in writing to the Clerk at the table, without reading them writmg. ' " APPENDIX. 827 viva, voce in the house, unless the consent of the Speaker to any par- ticular question has been previously obtained. OEDEK IN DEBATE. 21.— [28th PebiTiary, 1880, and 22nd November, 1882.] That, Order in whenever any member shall have been named by the Speaker or by ^^^^^^ \ the chairman of a committee of the whole house, immediately after of mem- the commission of the offence of disregarding the authority of the bers. chair, or of abusing the rules of the house by persistently and wilfully obstructing the business of the house or otherwise, then, if the offence has been committed by such member in the house, the Speaker shall forthwith put the question, on a motion being made, no amendment, adjournment, or debate being allowed, " That such member be sus- pended from the service of the house ; " and, if the offence has been committed in a committee of the whole house, the chairman shall, on a motion being made, put the same question in a similar way, and if the motion is carried, shall forthwith suspend the proceedings of the committee and report the circumstance to the house ; and the Speaker shall thereupon put the same question, without amendment, adjourn- ment, or debate, as if the offence had been committed in the house itself. If any member be suspended under this order, his suspension on the first occasion shall continue for one week ; on the second occasion, for a fortnight; and on the third or any subsequent occasion, for a month. Provided always. That suspension from the service of the house shall not exempt the member so suspended from serving on any committee for the consideration of a private bill to which he may have been appointed before his suspension. Provided also. That not more than one member shall be named at the same time, unless several members, present together, have jointly disregarded the authority of the chair. Provided always. That nothing in this resolution shall be taken to deprive the house of the power of proceeding against any member according to ancient usages. 22.— [27th November, 1882.] That when a motion is made for the Debate on adjournment of a debate or of the house during any debate, or that ^j^ ™^. "' the chairman of a committee do report progress, or do leave the chair, ment. the debate thereupon shall be confined to the matter of such motion ; and no member, having moved or seconded any such motion, shall be entitled to move or second any similar motion during the same debate. 23.— [27th November, 1882, and 28th February, 1888.] That if Mr. Speaker or the chairman of a committee of the whole house shall Motions be of opinion that a motion for the adjournment of a debate, or of j"^4^^g^^ the house, during any debate, or that the chairman do report progress, in abuse of or do leave the chair, is an abuse of the rules of the house, he may *J^ ™l«s forthwith put the question thereupon from the chair, or he may l^^^^_ decline to propose the question thereupon to the house. 828 APPENDIX. Irrelevance 24.— [27th November, 1882, and 28th February, 1888.] That Mr. or repeti- Speaker or the chairman, after having called the attention of the house or of the committee to the conduct of a member who persists in irrelevance, or tedious repetition either of his own arguments or of the arguments used by other members in debate, may direct him to discontinne his speech. OEDEES EELATING TO CLOSUEB OF DEBATE. Closure of 25.— [18th March, 1887, and 7th March, 1888.] That, after a ques- debate. y^^ j^^g heen proposed, a member rising in his place may claim to move, " That the question be now put," and, unless it shall appear to the chair that such motion is an abuse of the rules of the house, or an infringement of the rights of the minority, the question, " That the question be now put," shall be put forthwith, and decided without amendment or debate. When the motion, " That the question be now put," has been carried, and the question consequent thereon has been decided, any further motion may be made (the assent of the chair as aforesaid not having been withheld) which may be requisite to bring to a decision any question already proposed from the chair; and also if a clause be then under consideration, a motion may be made (the assent of the chair as aforesaid not having been withheld). That the question, That certain words of the clause defined in the motion stand part of the clause, or That the clause stand part of, or be added to, the bill, be now put. Such motions shall be put forthwith, and decided without amendment or debate. Provided always. That this rule shall be put in force only when the Speaker or the chairman of ways and means is in the chair. Majority 26. — [28th February, 1888.] That questions for the closure of for closure debate under standing order No. 25 shall be decided in the afflrma- of debate, ^jyg^-jf^ when a division be taken, it appears by the numbers declared from the chair, that not less than one hundred members voted in the majority in support of the motion. OEDEE IN THE HOUSE. Disorderly 27-— [28th February, 1888.] That Mr. Speaker or the chairman conduct, do order members, whose conduct is grossly disorderly, to withdraw immediately from the house during the remainder of that day's sitting; and that the Serjeant-at-arms do act on such orders as he may receive from the chair, in pursuance of this resolution. But if, on any occasion, Mr. Speaker or the chairman deems that his powers under this standing order are inadequate, he may name such member or members, in pursuance of standing order, " Order in Debate," or he may call upon the house to adjudge upon the conduct of such member or members. Provided always, That members who are ordered to withdraw under this standing order, or who are suspended from the service of the house under the standing order, " Order in Debate," shall forthwith APPENDIX. 829 withdraw from the precincts of the house. Subject, however, in the case of such suspended members, to the proviso in that standing order regarding their service on private bill committees. DIVISIONS. 28. — [19th July, 1854:.] That so soon as the voices have been taken, Two- the Clerk shall turn a two-minute sand-glass, to be kept on the table ™in^t« for that purpose, and the doors shall not be closed until after the turned! lapse of two minutes, as indicated by such sand-glass. 29. — That the doors shall be closed so soon after the lapse of two Doors to be minutes as the Speaker or the chairman of the committee of the dosed after IfL'DSG Or whole house shall think proper to direct. ^^yg 30. — [29th February, 1888.] That Mr. Speaker or the chairman minutes, may, after the lapse of two minutes as indicated by the sand-glass, if Di^'sions in his opinion the division is frivolously or vexatiously claimed, take claimed. the vote of the house or committee, by calling upon the members who support and who challenge his decision, successively to rise in their places ; and he shall thereupon, as he thinks fit, either declare the determination of the house or committee, or name tellers for a division. And, in case there is no division, the Speaker or chairman shall declare to the house or the committee the number of the minority who had challenged his decision, and their names shall be thereupon taken down in the house, and printed with the list of divisions. PUBLIC BILLS. 31. — [5th August, 1853.] That when any bill shall be presented First read- by a member, in pursuance of an order of this house, or shall be '°g °^ ''■l'^- brought from the Lords, the questions, " That this bill be now read a first time," and " That this bill be printed," shall be decided without amendment or debate. 38. — [5th August, 1853.] That when a bill or other matter (except Commit- supply, or ways and means) has been partly considered in committee, *!^^ °° and the chairman has been directed to report progress, and ask leave (pj-ogress). to sit again, and the house shall have ordered that the committee shall sit again on a particular day, the Speaker shall, when the order for the committee has been read, forthwith leave the chair, without putting any question, and the house shall thereupon resolve itself into such committee. 33.— [19th July, 1854, and 21st July, 1886.] That bills which may Bills re- be fixed for consideration in committee on the same day, whether in ferred to- progress or otherwise, may be referred together to a committee of the fommUtee* whole house, which may consider on the same day all the bills so of the referred to it, without the chairman leaving the chair on each separate "whole bill. Provided, That, with respect to any bill not in progress, if any member shall object to its consideration in committee, together with other bills, the order of the day for the committee on such bill shall be postponed. 830 APPENDIX. Postpone- ment of preamble. Question Amend- 34.— [19th July, 1854.] That it be an instruction to all committees comm^'tee °^ *^® whole house to which bills may be committed, that they have power to make such amendment therein as they shall think fit ; pro- vided they be relevant to the subject-matter of the bill : but that if any such amendments shall not be within the title of the bill, they do amend the title accordingly, and do report the same specially to the house. 35.— [27th November, 1882.] That, in committee on a bill, the preamble do stand postponed until after the consideration of the clauses, without question put. 36. — [19th July, 1854.] That the questions for reading a bill a fiirst firsthand"" ^^^ Second time in a committee of the whole house be discontinued, second 37- — [19th July, 1854.] That in going through a bill no questions reading of shall be put for the filling up words already printed in italics, and CO ^ '°tt commonly called blanks, unless exception be taken thereto ; and if no Question ' alterations have been made in the words so printed in italics, the not put on bill shall be reported without amendments, unless other amendments blanks. jj^ve been made thereto. Clauses 38. — [19th July, 1854.] That on a clause being offered in the ?^"l'j«''"j committee on the bill, or on the consideration of report of a bill, ' Mr. Speaker or the chairman do desire the member to bring up the same, whereupon it shall be read a first time without question put, but no clause shall be offered on consideration of report without notice. 39. — [5th August, 1853.] That at the close of the proceedings of a committee of the whole house on a bill, the chairman shall report the bill forthwith to the house, and when amendments shall have been made thereto, the same shall be received without debate, and a time appointed for taking the same into consideration. 40.— [27th November, 1882.] That when the order of the day for the consideration of a bill, as amended in the committee of the whole house, has been read, the house do proceed to consider the same without question put, unless the member in charge thereof shall desire to postpone its consideration, or a motion shall be made to re- commit the bill. 41. — [28th February, 1888.] That upon the report stage of any bill, no amendment may be proposed which could not have been proposed in committee without an instruction from the house. 42. — [21st July, 1856.] That no amendments, not being merely verbal, shall be made to any bill on the third reading. 43- — [19th July, 1854.] That Lords' amendments to public bills shall be appointed to be considered on a future day, unless the house shall order them to be considered forthwith. 44- — [24th July, 1849.] That with respect to any bill brought to this house from the House of Lords, or returned by the House of Lords to this house, with amendments, whereby any pecuniary penalty, forfeiture, or fee shall be authorized, imposed, appropriated, regulated, varied, or extinguished, this house will not insist on its ancient and undoubted privileges in the following cases : — in commit' tee and on report, Bills reported. Considera tion of a bill, as amended. Amend- ments on report. Amend- ments on third reading. Lords' amend- ments. Pecuniary penalties. APPENDIX. 831 1. When the object of such pecuniary penalty or forfeiture is to secure the execution of the Act, or the punishment or prevention of offences. 2. Where such fees are imposed in respect of benefit taken or service rendered under the Act, and in order to the execution of the Act, and are not made payable into the treasury or exchequer, or in aid of the public revenue, and do not form the ground of public accounting by the parties receiving the same, either in respect of deficit or surplus. 3. When such bill shall be a private bill for a local or personal Act. 45. — [24th July, 1849.] That the precise duration of every temporary Temporary law be expressed in a distinct clause at the end of the bill. l^ws. STANDING COMMITTEES ON BILLS EELATING TO LAW, TEADE, &o. 46. — [7th March, 1888.] That the resolutions of the house of the Revival of 1st December, 1882, relating to the constitution and proceedings of standing standing committees for the consideration of bills relating to law, and tees. courts of justice, and legal, procedure, and to trade, shipping, and manufactures, be revived, and that trade shall include agriculture and fishing. 47. — That two standing committees be appointed for the considera- standing tion of all bills relating to law and courts of justice and legal pro- committees cedure, and to trade, shipping, and manufactures, which may, by j°^^^^^^_ order of the house, in each case, be committed to them ; and the procedure in such committees shall be the same as in a select committee, unless the house shall otherwise order. Provided, That strangers shall be admitted, except when the committee shall order them to withdraw. Provided also. That the said committees shall be excluded from the ^. q. No. operation of the standing order of July 21st, 1856, and the said 66. committee shall not sit whilst the house is sitting, without the order of the house. Provided also. That any notice of amendment to any clause in a bill which may be committed to a standing committee, given by any honourable member in the house, shall stand referred to such committee. Provided also. That twenty be the quorum of such standing committees. 48.— That each of the said standing committees do consist of not Nomina- less than sixty nor more than eighty members, to be nominated by the *j°°^f^g committee of selection, who shall have regard to the classes of bills commit- committed to such committees, to the composition of the house, and tees. to the qualifications of the members selected ; and shall have power to discharge members from time to time, and to appoint others in substitu- tion for those discharged. The committee of selection shall also have power to add not more than fifteen members to a standing committee in respect of any bill referred to it, to serve on the committee during the consideration of such bill. 832 APPENDIX. Chairmen of standing commit- tees. Report of bills from standing commit- tees. S. 0. No. 40. 49. — That the committee of selection shall nominate a chairmen's panel, to consist of not less than four nor more than six members, of whom three shall be a quorum ; and the chairmen's panel shall appoint from among themselves the chairman of each standing committee, and may change the chairman so appointed from time to time. 50. — That all bills which shall have been committed to one of the said standing committees shall, when reported to the house, be pro- ceeded with, as if they had been reported from a committee of the whole house. Provided, That the provisions of the standing order, " Consideration of a Bill, as amended," shall not apply to a bill reported to the house by a standing committee. When the house re- solTes itself into com- mittee forthwith. Chairman, when ordered to report, leaves the chair with- out ques- tion put. COMMITTEES OP THE WHOLE HOUSE. 51.— [28th February, 1888, and 17th February, 1891.J That when- ever an order of the day is read for the house to resolve itself into committee (not being a committee to consider a message from the Crown, or the committee of supply, or of ways and means, or the com- mittee on the East India Eevenue Accounts), Mr. Speaker shall leave the chair without putting any question, and the house shall thereupon resolve itself into such committee, unless notice of an instruction thereto has been given, when such instruction shall be first disposed of. 52. — [27th November, 1882.] That when the chairman of a com- mittee has been ordered to make a report to the house, he shall leave the chair without question put. 53. — [19th July, 1854.] That every report from]]a committee of the Reports whole house be brought up without any question being put. from com- mittees. Appoint- ment of committees of supply, &c. Supply on Monday, Wednes- day, and Friday. When Mr. Speaker leaves the chair for committee of supply without question put. Applica- tions for public money. SUPPLY, AND WATS AND MEANS. 54. — [28th July, 1870.] That this house will, in future, appoint the committees of supply, and ways and means, at the commencement of every session, so soon as an address has been agreed to in answer to her Majesty's speech. 55. — [3rd May, 1861.] That the committees of supply, and ways and means shall be fixed for Monday, Wednesday, and Friday, and may also be appointed for any other day on which the house shall meet for despatch of business. 56.— [27th November, 1882, and 7th March, 1888]. That, whenever the committee of supply stands as an order of the day on Monday or Thursday, Mr. Speaker shall leave the chair without putting any question, unless on first going into supply on the army, navy, or civil service estimates respectively, or on any vote of credit, an amendment be moved, or question raised, relating to the estimates proposed to be taken in supply. PUBLIC MONET. 57.— [11th June, 1713, 25th June, 1852, and 20th March, 1866.] That this house will receive no petition for any sum relating to public service, or proceed upon any motion for a grant or charge upon the APPENDIX. 833 public revenue, -whether payable out of the Consolidated Fund or out of moneys to be provided by Parliament, unless recommended from the Crown. 58. — [29th March, 1707.] That this house will not proceed upon any Petitions, petition, motion, or bill, for granting any money, or for releasing or ^^- (g>'™' compounding any sura of money owing to the Crown, but in a com- &(. )_ ' mittee of the whole house. 59.— [25th March, 1715.] That this house will not receive any Petitions, p^atition for compounding any sum of money owing to the Crown, upon ""■ ^ri?\ any branch of the revenue, without a certificate from the proper officer or officers annexed to the said petition, stating the debt, what prosecutions have been made for the recovery of such debt, and setting forth how much the petitioner and his security are able to satisfy thereof. 60. — [22nd February, 1821.] That this house will not proceed upon Address to any motion for an address to the Crown, praying that any money may 9''"7y be issued, or that any expense may be incurred, but in a committee of money), the whole house. 61. — [21st July, 1856 ] That this house will not receive any petition, Charge on or proceed upon any motion for a charge upon the revenues of India, revenues of but what is recommended by the Crown. 62. — [20th March, 1866.] That if any motion be made in the house Charge on for any aid, grant, or charge upon the public revenue, whether payable ^^^ public out of the Consolidated Fund, or out of monejs to be provided by Parliament, or for any charge upon the people, the consideration and debate thereof shall not be presently entered upon, but shall be adjourned till such further day as the house shall think fit to appoint, and then it shall be referred to a committee of the whole house before any resolution or vote of the house do pass therein. PACKET, &c., CONTRACTS. 63.— [13th July, 1869.] That in all contracts extending over a Contracts period of years, and creating a public charge, actual or prospective, to be ap- entered into by the government for the conveyance of mails by sea, J!^sJ'i^tion_ or for the purpose of telegraphic communications beyond sea, there should be inserted the condition that the contract shall not be binding until it has been approved of by a resolution of the house. 64. — That every such contract, when executed, should forthwith, if Contracts Parliament be then sitting, or, if Parliament be not then sitting, within *<> ^^}f^^ fourteen days after it assembles, be laid upon the table of the house, ^f ^o^^e. accompanied by a minute of the lords of the treasury, setting forth the grounds on which they have proceeded in authorizing it. 65. — That in cases where any such contract requires to be confirmed Contracts by Act of Parliament, the bill for that purpose should not be introduced 1".^* flJ^" and dealt with as a private bill, and that power to the government to public Act. enter into agreements by which obligations at the public charge shall be undertaken, should not be given in any private Act. P. 3 H 834 APPENDIX. SELECT COMMITTEES. Sitting of 66.— [21st July, 1856.] That all committees shall have leave to sit, commit- except while the house is at prayers, during the sitting, and notwith- standing any adjournment of the house. Number on 67. — [25th June, 1852.] That no select committee shall, without select com- leave of the house, consist of more than fifteen members ; that such leave shall not be moved for without notice ; and that in the case of members proposed to be added or substituted, after the first appoint- ment of the committee, the notice shall include the names of the members proposed to be added or substituted. Consent 68- — That every member intending to move for the appointment of from mem- g, select committee do endeavour to ascertain previously whether each j,jtg„j member proposed to be named by him on such committee will give his attendance thereupon. Notice of 69. — ^That every member intending to move for the appointment of names of jj geiect committee shall, one day next before the nomination of such ' committee, place on the notices the names of the members intended to be proposed by him to be members of such committee. Lists of 70. — That lists be afBxed in some conspicuous place in the corn- members mittee office, and in the lobby of the house, of all members serving on serving. ^^^j^ select committee. Entry of 71- — That to every question asked of a witness under examination, 1"^^*'™' in the proceedings of any select committee, there be prefixed in the witnesses, niinutes of the evidence the name of the member asking such question. Entry of 72- — That the names of the members present each day on the names of sitting of any select committee be entered on the minutes of evidence, members. ^^ ^^ ^j^^ minutes of the proceedings of the committee (as the case may be), and reported to the house on the report of such committee. Entry of 73. — That in the event of any division taking place in any select divisions, committee, the question proposed, the name of the proposer, and the respective votes thereupon of each member present, be entered on the minutes of evidence, or on the minutes of the proceedings of the committee (as the case may be), and reported to the house on the report of such committee. Presence of 74. — That if, at any time during the sitting of a select committee of quorum, ^jjjg house, the quorum of members fixed by the house shall not be present, the clerk of the committee shall call the attention of the chairman to the fact, who shall thereupon suspend the proceedings of the committee until a quorum be present, or adjourn the committee to some future day. Eeport of 75. — [9th August, 1875.] That every committee having power to °P""™ send for persons, papers, and records, shall have leave to report their vations ' "P'nioii ^^^ observations, together with the minutes of evidence taken before them, to the house, and also to make a special report of any matters which they may think fit to bring to the notice of the house. Notice to 76.— [25th June, 1852, and 21st July, 1856.] That the Serjeant-at- committees arms attending this house do, from time to time, when the house is or prayers. ' APPENDIX. 835 going to prayers, give notice thereof to all committees ; and that all proceedings of committees, after such notice, be declared to be null and void, unless such committees be otherwise empowered to sit after prayers. PUBLIC ACCOUNTS. 77.— [3rd April, 1862, and 28th March, 1870.] That there shall be Standing a standing committee, to be designated " The Committee of Public on" ubllr Accounts," for the examination of the accounts showing the appro- accounts, priation of the sums granted by Parliament to meet the public expen- diture, to consist of eleven members, who shall be nominated at the commencement of every session, and of whom five shall be a quorum. PUBLIC PETITIONS. 78.— [14th April, 1842, and 5th Augast, 1853.] That every member Presenta- offering to present a petition to the house, not being a petition for a 'l°.° " P*' private bill, or relating to a private bill before the house, do confine the house, himself to a statement of the parties from whom it comes, of the number of signatures attached to it, and of the material allegations contained in it, and to the reading of the prayer of such petition. 79. — That every such petition not containing matter in breach of Ko debate the privileges of this house, and which, according to the rules or fiereon. usual practice of this house, can be received, be brought to the table by the direction of the Speaker, who shall not allow any debate, or any member to speak upon, or in relation to, such petition : but it may be read by the Clerk at the table, if required. 80. — That, in the case of such petition complaining of some present Petitions personal grievance, for which there may be an urgent necessity for (Pp''^™*' providing an immediate remedy, the matter contained in such petition may be brought into discussion on the presentation thereof. 81. — That all other such petitions, after they shall have been ordered Petitions to lie on the table, be referred to the committee on Public Petitions, referred to , . ,■,,■„ 1 ,.,. ■, , 'committee without any question being put : but if any such petition relate to on Public any matter or subject, with respect to which the member presenting Petitions. it has given notice of a motion, and the said petition has not been ordered to be printed by the committee, such member may, after notice given, move that such petition be printed with the votes. 82. — That, subject to the above regulations, petitions against any Petitions resolution or bill imposing a tax or duty for the current service of the ^^^'^^j^jo year, be henceforth received, and the usage under which the house of a tax. has refused to entertain such petitions be discontinued. SPEAKEE. 83. — [20th July, 1855.] That whenever the house shall be informed Office of by the Clerk at the table of the unavoidable absence of Mr. Speaker, Speaker, the chairman of the committee of ways and means do perform the 836 APPENDIX. duties and exercise the authority of Speaker in relation to all proceed- ings of this house, as deputy Speaker, until the next meeting of the house, and so on from day to day, on the like information being given to the house, until the house shall otherwise order; provided that if the house shall adjourn for more than twenty-four hours, the deputy Speaker shall continue to perform the duties and exercise the authority of Speaker for twenty-four hours only after such adjournment. MEMBERS. Seats not 84. — [6th April, 1835.] That no member's name be afiSxed to any to be taken gg^^^ jjj ^j^g }jQ-ugg before the hour of prayers ; and that the Speaker do prayers. S^^^ directions to the door-keepers accordingly. Seats 85. — [29th April, 1858.] That any member having secured a seat secured at g^j. prayers shall be entitled to retain the same until the rising of the prayers. , house. Time when 86.— [30th April, 1866.] That members may take and subscribe members ^y^g p^th required by law, at any time during the sitting of the house, ZD&7 tSrKC X •< tj tj oath &c before the orders of the day and notices of motions have been entered upon, or after they have been disposed of : but no debate or business shall be interrupted for that purpose. Afllrma- 87. — [1st July, 1880.] That every person returned as a member of tion made ^jjjg jjouse, who may claim to be a person for the time being by law bers in lieu permitted to make a solemn affirmation or declaration instead of taking of oath. an oath, shall henceforth (notwithstanding so much of the resolution adopted by this house on the 22nd day of June last as relates to affir- mation) be permitted, without question, to make and subscribe a solemn affirmation in the form prescribed by " The Parliamentary Oaths Act, 1866," as altered by " The Promissory Oaths Act, 1868," subject to any liability by statute. WITNESSES BEFORE THE HOUSE AND ITS COMMITTEES. Oath, &o. 88.— [20th February, 1872.] That any oath or affirmation taken or (witnesses made by any witness before the house, or a committee of the whole P * , house, be administered by the Clerk at the table. Oath 89. — That any oath or affirmation taken or made by any witness (witnesses before a select committee may be administered by the chairman, or by mittees)'"' ^^^ °'^* attending such committee. STEANGEES. Strangers 90. — [5th February, 1845.] That the Serjeant-at-arms attending in the ^]^jg house do, from time to time, take into his custody any stranger ■whom he may see, or who may be reported to him to be, in any part of the house or gallery appropriated to the members of this house, and also any stranger who, having been admitted into any other part of the house or gallery, shall misconduct himself, or shall not withdraw when strangers are directed to withdraw, while the house, or any com- APPENDIX. 837 mittee of the whole house, is sitting ; and that no person so taken into custody be discharged out of custody without the special order of the house. 91. — That no member of this house do presume to bring any stranger into any part of the house or gallery appropriated to tlie members of this house, while the house, or a committee of the whole house, is sitting. 92.— [19th July, 1854.] That, except when Mr. Speaker or the chairman of a committee of the whole house shall otherwise direct, his order for the withdrawal of strangers during a division shall be under- stood to apply to strangers occupying seats below the bar and in the front gallery, and shall be enforced by the Serjeant-at-arms accordingly. 93- — [7th March, 1888.] That if, at any sitting of the house, or in committee, any member shall take notice that strangers are present, Mr. Speaker or the chairman (as the case may be) shall forthwith put the question, "That strangers be ordered to withdraw," without per- mitting any debate or amendment : provided that the Speaker or the chairman may, whenever he thinks fit, order the withdrawal of strangers from any part of the house. Members not to bring strangers into the house. With- drawal of strangers during divisions. With- drawal of strangers from the house. Letters, &c., di- rected to this house. LETTEES. 94. — [25th June, 1852.] That, to prevent the intercepting or losing of letters directed to members of this house, the person appointed to bring letters from the General Post-OflBce to this house, or some other person to be appointed by the postmaster-general, do for the future, every day during the session of Parliament, Sundays excepted, con- stantly attend, from ten of the clock in the morning, till seven in the afternoon, at the place appointed for the delivery of the said letters, and take care, during his stay there, to deliver the same to the several members to whom they shall be directed, or to their known servant or servants, or other persons bringing notes under the hands of the members sending for the same. 95.— That the said ofScer do, upon his going away, lock up such letters as shall remain undelivered; and that no letter be delivered but within the hours aforesaid. 96.— That the said orders be sent to the postmaster-general at the commencement of each session. 97. That when any letter or packet directed to this house shall come to Mr. Speaker, he do open the same ; and acquaint the house, at their next sitting, with the contents thereof, if proper to be com- municated to this house. Custody of letters ad- dressed to members. Directions to officer in charge of letters. Orders to be sent to post- master- general. SESSIONAL OEDERS. 30th Nor. Ordered, That all members who are returned for two or more places Elections. 1813, 68 ' jn any part of the United Kingdom do make their election for which ? ^'}s of the places they will serve, within one week after it shall appear foaDded on * 838 APPENDIX. that there is no question upon the return for that place ; and if any- order 9th thing shall come in question touching the return or election of any j^«^- 162o, member, he is to withdraw during the time the matter is in debate ; and that all members returned upon double returns do withdraw till their returns are determined. Resolved, That no peer of the realm, except such peers of Ireland as |^''j ■'?°- shall for the time being be actually elected, and shall not haveg j/g- declined to serve, for any county, city, or borough of Great Britain, founded on hath any right to give his vote in the election of any member to serve ?J''^'\g|? in Parliament. 13 jb. 64.' Resolved, That it is a high infringement of the liberties and privi- 27th April, leges of the commons of, the United Kingdom for any lord of Parlia- 1802, 57 O T ^7fi ■ ment, or other peer or prelate, not being a peer of Ireland at the time V' j 1 ' elected, and not having declined to serve for any county, city, or orders borough of Great Britain, to concern himself in the election of loth Dec. members to serve for the Commons in Parliament; except only any 337. isi^ peer of Ireland, at such elections in Great Britain respectively where Feb.' 1700, such peer shall appear as a candidate, or by himself, or any others, be 13 '•>. 333 ; proposed to be elected; or for any lord-lieutenant or governor oi .^^^^^ .^^-^^ any county to avail himself of any authority derived from his com- 395 ; 6th mission, to influence the election of any member to serve for the -^"g- I'i'l^i Commons in Parliament. ' ' Resolved, That if it shall appear that any person hath been elected J^th Feb. or returned a member of this house, or endeavoured so to bribery, or any other corrupt practices, this house will proceed with founded 'on the utmost severity against all such persons as shall have wilfully concerned in such bribery or other corrupt practices. Witnesses. Resolved, That if it shall appear that any person hath been tamper- , , 1833, 88 ^e. bye. J. 39; . founded been »''*"" ^^th Feb. 1700, 13 lb. 327. ■ 6th Aug. ing with any witness, in respect of his evidence to be given to this 1714, 18 house, or any committee thereof, or directly or indirectly hath C. J. 5 ; T jiji i-'j r ■ ■ ■ founded on endeavoured to deter or hinder any person from appearing or giving oj-^^j. 20th evidence, the same is declared to be a high crime and misdemeanour ; Feb. 1700, and this house will proceed with the utmost severity against such ^^ '^- ^^''• offender. Resolved, That if it shall appear that any person hath given false evidence in any case before this house, or any committee thereof, this house will proceed with the utmost severity against such offender. Metropoli- Ordered, That the commissioners of the police of the metropolis do 24th Aug. tan police. ^^^^ gg^j-g tjj^t, during the session of Parliament, the passages through 1^41, 96 the streets leading to this house be kept free and open, and that no founded o'n obstruction be permitted to hinder the passage of members to and orders, from this house, and that no disorder be allowed in Westminster Hall, ^^'^ ^^P*- or in the passages leading to this house, during the sitting of Parlia- jsj }^^^ ment, and that there be no annoyance therein or thereabouts ; and 1647, 4 that the Serjeant-at-arms attending this house do communicate this '-''■..^IVk order to the commissioners aforesaid. . directing' that " the guard " do protect the house, and an order to the constables, 13th Jan. 1693-, 11 ib. 59.* » Eeferenoe8 supplied by Mr. Bull. , APPENDIX. 839 II. INSTRUCTIONS. Classified Examples illustrating Pkoceduee on Instkuotions. Class 1. — Cases when an instruction was necessary to empower a committee on a bill to consider tlie amendments proposed by the instruction. Class 2. — Oases when instructions were ruled out of order, because the committee possessed the power which the instruction would confer. Class 3. — Cases when instructions were ruled out of order, because they were foreign to the subject-matter of the bill. Class 4. — Cases of instructions to extend the scope of a bill throughout the United Kingdom. Addresses from the chair regarding the scope and nature of instructions, and also upon an undue resort to the right of moving instructions (see p. 843). Tnstruc- Class 1. — Cases when an instruction was necessary to empower a . 3 B. ;876. * 158 H. D. 2 120 C. J. 254. 1320. > 120 ib. 258. « 186 ib. 1270. 840 APPENDIX. To insert provisions for the supervision by the police of refreshment- houses, on all days of the week, and for increased penalties on the unlawful sale of liquor.^ (7) Land Purchase (Ireland) Bill, 1888.— To insert in the bill— ■which was restricted to the creation of an advance of 5,000,000?. for the purposes of Lord Ashbourne's Act, 1885— clauses dealing with arrears due from tenants who sought to avail themselves of the power given by the bill to purchase their holdings.^^ (8) Land Purchase (Ireland) Bill, 1888. — To insert provisions to enable the land commission to permit a tenant to combine with the purchase of his holding the purchase of adjacent grass lands, and of lands not devoted to tillage.^ (9) Local Government (Electors) Bill, 1888. — To insert provisions in the bill with a view to assimilate the qualification of electors of guardians of the poor, and the abolition of the plural vote, to the conditions prescribed in the bill with regard to electors of county authorities.* (10) Tithe Eent-Oharge Eecovery Bill, 1889. — To insert provisions for a gradual redemption of tithe rent-charge on an equitable basis; and for a readjustment of the method for taking the tithe rent-charge averages ; and to review and rcTise the settle- ment made by the Tithe Commutation Act of 1836.^ (11) Allotments Act, 1887, Amendment Bill, 1890.— To insert provisions creating, by popular election, local authorities in smaller areas than those of the sanitary authorities, and to confer upon them larger powers for acquiring and managing land for the purposes of allotments than those in force under the Allotments Act, 1887 ; and also to substitute parishes in vestry assembled, for those rural sanitary authorities that were the operative bodies prescribed by the bill.* (12) Local Government (England and Wales) Bill, 1888.— To insert provisions for the reform of parish vestries.' (13) Elementary Education Bill, 1891.— To insert provisions to raise the standard for partial and total exemption in schools receiving free grants.^ (14) Private Bill Procedure (Scotland) Bill, 1891.— To insert provisions for the simplification of the procedure, and the reduction of the cost of provisional orders.' Class 2. — Cases when instructions were unnecessary, because the committee possessed the power which the instructions would confer : — (1) Eepresentation of the People Bill, 1884. — To insert provisions dealing with the registration of electors.^" (2) Local Government (England and Wales) Bill, 1888.— To insert » 132 0. J. 288. « 145 ib. 283. ' 143 ib. 482 ; 331 H. D. 3 s. 33. ' 143 ib. 264: ; 326 H. D. 3 s. 1440. ' 331 H. D, 34. 61. « 354 H. D. 1870 ; 146 0. J. 404. • 148 0. J. 197. « 352 H. D. 3 s. 154. 155. » 144 ib. 420. . - '. m 287 ib. 828. APPENDIX^ 841 a provision transferring the duties discharged by the high sheriff, as returning ofacer at elections of county representatives, to the chairman of a county council ; also provisions enabling a county council to appoint a standing committee to superintend the administration and financial business of the council, during the intervals between the sittings or sessions of a council ; and provisions giving a county council compulsory powers for the erection of one gymnasium for every 100,000 inhabitants.' (3) Local Government (Scotland) BUI, 1889. — To insert clauses enabling county councils to purchase land by agreement, or under compulsory powers, for the purposes of public utility. Speaker's ruling (private). (4) Purchase of Land (Ireland) Bill, 1890. — To insert clauses creating local authorities in Ireland, whose assent should be necessary to the imposition of any liability upon local revenues for the purposes of the bill.^ (5) Western Australian Ounstitution Bill, 1890. — To insert clauses enacting that the bill should not come into operation until the Act recited in the schedule to the bill, which conferred a constitu- tion upon the colony, was amended by assimilating the franchise, and the qualifications of members of the legislative council and assembly of Western Australia, to those of other Australian colonies. Speaker's ruling (private). (G) Local Taxation (Customs, &c.) Bill, 1890. — To insert clauses defining the principle upon which licences for the sale of liquor should be extinguished relatively to the population, the wishes, and the rateable value of each licensing district, and to fix a maximum value for renewable licences, which should be impera- tive upon the county councils. Speaker's ruling (private). Class 3. — Cases of instructions ruled out of order, as being foreign to the subject-matter of the bill : — (1) Arms (Ireland) Continuance Bill, 1886. — To insert clauses deal- ing with the law relating to poor law guardians, labourers' dwellings, and the franchise in corporate towns in Ireland. Speaker's ruling (private). (2) East India (Purchase and Construction of Kailways), 1887. — To insert provisions imposing harbour dues and charges on her Majesty's ships conveying material for government railways in India. Speaker's ruling (private). (3) Criminal Law Amendment (Ireland) Bill, 1887. — To insert provisions to prevent the exaction of unfair and excessive rents. Speaker's ruling (private). (4) Criminal Evidence Bill, 1888. — To insert provisions conferring on prisoners tried by the courts of summary jurisdiction in Ireland a right of appeal, similar to the right possessed by the like class of prisoners in England. Speaker's ruling (private). ( 326 H. D. 3 B. 1440. ' 345 ib. 346. 842 APPENDIX. (5) Local Government (England and Wales) Bill, 1888.— To insert clauses giving county councils power to appoint and remove justices of the peace, and dealing with the property qualification of the justices, and to create fishery boards with power to acquire harbours, levy rates, and generally to promote fishing industry .* (6) Land Law (Ireland) Bill, 1888.— To insert in the bill which related solely to the tenure of land, and did not touch the charges thereon, provisions dealing with family charges upon land. Speaker's ruling (private). (7) Land Purchase (Ireland) Bill, 1888.— To insert in this bill— of which the sole object was an advance of money, for the purposes prescribed by the Purchase of Land (Ireland) Act, 1885 — clausps dealing with arrears of rent due, not from tenants who sought to avail themselves of the rights given by the bill, but from the Irish tenantry in general; to insert clauses in the bill excepting minerals, mining rights, and foreshores from sales under the Purchase of Land (Ireland) Act, 1885, and vesting that class of property in the Crown.^ (8) Local Government (Scotland) Bill, 1889.— To insert provisions empowering sea-coast towns in Scotland to raise loans for harbour purposes under the Harbour and Passing Tolls Act, 1881, and to create local councils for that purpose. Speaker's ruling (private). (9) Tithe Hent-Charge Eecovery Bill, 1889 and 1890.— To insert clauses exempting persons from payment of tithe who objected to its application to the Church of England ; to apply tithe rent- charge recoverable in Wales to purposes generally acceptable to the Welsh people, or to public education in Wales; to insert provisions that prescribed, when a receiver had been ap- pointed under the bill, the owner as regards the occupier, subject to the provisions of the Agricultural Holdings Act, and responsible for the proper repair of the farm buildings, &c. ; and also provisions dealing with the status of the ecclesiastical com- missioners.^ (10) Private Bill Procedure (Scotland) Bill.— To insert clauses au-thorizing the commissioners under the bill, or the secretary for Scotland upon their report, to grant to local authorities provisional orders for the purposes for which powers are conferred on local authorities by private Acts; and to insert clauses to substitute a joint committee of both houses of Parliament for the commission to be appointed by the bill ; and to enable the joint committee to dispense with a local inquiry.* Class 4. — Cases of instructions to extend the scope of a bill through- out the United Kingdom. A committee can, without an instruction, extend the operation of a bill to Scotland or Ireland, if the bill be not by the title restricted to England. In the following cases an instruc- » 326 H. D, 3 s. 1440. » 339 H. D. 3 a. 1082. ' 331 ib. 33. « 332 ib. 154. 155. APPENDIX. 843 tion was required to extend the operative effect of a bill beyond the limits and scope contained in the provisions of the bill as brought into the house : — (1) Sunday Trading (Metropolis) Bill, 1855. — To insert a clause applying the provisions of the bill to the United Kingdom. Speaker's ruling (private). (2) Supreme Court of Judicature Bill, 1873.— To insert in this bill, ■which dealt with the constitution of a supreme court, and the better administration of justice in England, clauses which pro- vided for the hearing of appeals from Scotland and Ireland. (3) Poor Law Amendment Bill, 1879. — To insert into this bill, which was confined to the English law, provisions which amended and repealed the Scotch poor law.i (4) The Game Laws Amendment (Scotland) Bill, 1879. — To insert clauses which extended the operation of the bill to England.^ (5) Crofters (Scotland) Bill, 1886.— To extend the scope of the bill, which was limited to the highlands and islands of Scotland, to other parts of Scotland.^ Addkbsses peom the Chair eegaeding Insteuctions. The following statement regarding procedure on instructions was made by the Speaker, in deference to an application made to him in the house : — " I have naturally, within the last few weeks, given special atten- tion to the subject, and if the right hon. gentleman and the house will permit me, I would like to state my views as explicitly as I can to the house. I have searched the precedents connected with instructions. The house will perhaps be best put in the possession of my views on the subject when I say that there is a very vast and material difference between an instruction to a committee, and an amendment on the second reading of a bill, such as a resolution which traverses the principle of the bill. When a bill has been read a second time, the house has assented to the principle of the bill. In the last few years a standing order has been passed, stating that when the house is prepared to go into committee, the Speaker is to leave the chair with- out question put: but there is a reservation made with regard to instructions to the committee. It would be obvious to the house, that if an instruction moved on that occasion were to traverse the principle of the bill, or go so far outside the limits and scope and fratnework of the bill, so as to set up an alternative scheme, or a counter proposition to the bill, that would virtually be a second reading debate over again. It would be an amendment to the prin- ciple of the bill, and would therefore reduce to a minimum, and would nullify altogether, the provision which the house has passed in the standing order which states that, when the house is prepared to go » 244 H. D. 3 s. 1600. ' 304 H. D. 3 s. 110. 117. « 249 ib. 175. 844 APPENDIX. into committee, I should leave the chair at once without any question put. There is nothing in the precedents, I believe, which go beyond an instruction of this nature — an instruction to amplify the machinery of the bill to carry out the general purpose and scope of the bill within the general framework and idea of the bill. There is no instruction, that I am aware of, certainly not since the alteration in the standing order, which could be construed into the traversing of the principle of the second reading of a bill." * During session 1890, instructions to the number of seven, ten, and fifteen, were put down to three bills, several of the instructions stand- ing in the name of the same member. An amendment of a closure nature to restrain the further proposal of instructions to one of these bills (see p. 213, n. 3) was proposed in consequence. The Speaker's attention having been called to the unusual form of this amendment, he made the following statement : — " The house is indebted to the right hon. gentleman for having called attention to this matter. No doubt the amendment standing in the name of the right hon. gentleman, the president of the local government board, is not out of order. It resembles the motion familiar to the house, that the house do pass to the orders of the day, by which the house disembarrasses itself of matter which it does not wish to pass judgment on, and proceeds to its appointed business. The motion, I acknowledge, is •prima facie to be regarded with some suspicion as a form of closure : but on the other hand, I must call the attention of the house to the fact that there are a great number of instructions on the paper, more than one, I think, being in the name of the same hon. member. This is the first session, 1 think, that this practice has been extensively adopted, and there are two other bills in regard to which notices of a still larger number of instructions have been given. In my opinion the house ought to take notice of this. The new rule that the Speaker should leave the chair without question being put, would obviously be somewhat modified, if not robbed altogether of force, if a great number of instructions are put down so as to pre rent the Speaker from leaving the chair — instructions which, in the case before us, might occupy the house for several sittings ; and if one hon. member is to be entitled to put down more than one instruction in his name, it gives him a greater right of speaking than he has on the second reading of the bill itself." ^ ' 345 H. D. 3 B. 347. See also the (Scotland) Bill, 1891, 352 ib. 154 ; Speaker's rulings on the series of Elementary Education Bill, 1891, instructions moved on the Eepresen- 354 ib. 1870. See also Mr. Speaker's tation of the People Bill, 1860, 158 rulings (Government of Ireland Bill), ib. 1951-1988 ; the Local Govern- 5th and 8th May, 1893. ment (England and Wales) Bill, 1888, ^ 2nd May, 1890, 344 ib. 19. 326 ib. 1440 ; Private Bill Procedure APPENDIX. 845 III. Examples of Amendments to Peoposed Amendments. For leaving out words of Proposed Amendments, such Amendments leing to omit words from the Question. A motion was made, and the question being proposed, " That it is 39 C. J. necessary to the most essential interests of this kingdom, and peculiarly ^*^' Yj}^ incumbent on this house, to pursue, with unremitting attention, the g^gj iniil consideration of a suitable remedy for the abuses which have prevailed affairs, in the government of the British dominions in the East Indies ; and that this house will consider as an abettor of those abuses, and an enemy to his country, any person who shall presume to advise his Majesty to prevent, or in any manner interrupt, the discharge of this important duty ; " And an amendment being proposed to be made to the question, by leaving out the words, " and that this house will consider as an abettor of those abuses, and an enemy to his country, any person who shall presume to advise his Majesty to prevent, or in any manner interrupt, the discharge of this important duty ; " An amendment was proposed to be made to the said proposed amendment, by leaving out the words, '• an abettor of those abuses, and." And the question being put, " That the words, ' an abettor of those abuses, and/ stand part of the said first proposed amendment ; '' — it passed in the negative. Then the question being put, " That the said amendment, so amended, ' and that this house will consider as an enemy to his country any person who shall presume to advise his Majesty to prevent, or in any manner interrupt, the discharge of this important duty,' stand part of the question; " — it was resolved in the affirmative. Then the main question, so amended, being put — ■ Resolved, " That it is necessary to the most essential interests of this kingdom, and peculiarly incumbent on this house, to pursue, with unremitting attention, the consideration of a suitable remedy for the abuses which have prevailed in the government of the British domi- nions in the East Indies; and that this house will consider as an enemy to his country any person who shall presume to advise his Majesty to prevent, or in any manner interrupt, the discharge of this important duty." Motion made, and question proposed, "That when the Anglican 12^ C.J. Church in Ireland is disestablished and disendowed, it is right and ^^> ^'K necessary that the grant to Maynooth and the Regium Donum be dis- Established continued; and that no part of the secularized funds of the Anglican Church Church, or any state funds whatever, be applied in any way, or under ("■«'a°'J). 846 APPENDIX. any form, to the endowment or furtherance of the Roman Catholic religion in Ireland, or to the establishment or maintenance of Eoman Catholic denominatidnal schools or colleges ; " Amendment proposed, to leave out from the first word " That " to the end of the proposed resolution, in order to add the words, " when legislative effect shall have been given to the first resolution respecting the Established Church of Ireland, it is right and necessary that the grant to Maynoofh and the Begium, Donum be discontinued." Question put, " That the words proposed to be left out stand part of the proposed resolution ; '' — it passed in the negative. Question proposed, "That the words, 'when legislative effect shall have been given to the first resolution respecting the Established Church of Ireland, it is right and necessary that the grant to Maynooth and the Begium Donum be discontinued,' be added, instead thereof." Atnendraent proposed to the said proposed amendment, by adding, at the end thereof, the words, " du9 regard being had to all personal interests." Question, " That those words be there added ; " — put, and agreed to. Amendment proposed to the said proposed amendment, as amended, by adding, at the end thereof, the words, " and that no part of the endowments of the Anglican Church be applied to the endowment of the institutions of other religious communions." Question put, " That those words be there added ; " — it passed in the negative. Question, " That the words, • when legislative effect shall have been given to the first resolution respecting the Established Church of Ireland, it is right and necessary that the grant to Maynooth and the Begium Donum be discontinued, due regard being had to all personal interests,' be added to the word ' That ' in the original question y''^ put, and agreed to. Original question, as amended, " That when legislative effect shall have been given to the first resolution respecting the Established Church of Ireland, it is right and necessary that the grant to Maynooth and the Begium Donum be discontinued, due regard being had to all personal interests ; " — put, and agreed to. 134 C. J. The obdee of the day being read for the committee of supply ; 136, 4th ^n(j a motion being made, and the question being proposed, " That Easfindi!' ^'■- Speaker do now leave the chair; " (Import An amendment was proposed to be made to the question, by leaving Duty on out from the word " That" to the end of the question, in order to add " ""■'■ the words, " the Indian import duty on cotton goods, being unjust alike to the Indian consumer and the English producer, ought to be abolished, and this house is of opinion that the expenditure incurred for the Afghan War affords no satisfactory reason for the postponement of the ^ promised remission of this duty," instead thereof. And the question being put, " That the words proposed to be left out stand part of the question ; " — it passed in the negative. And the question being proposed, " That the words, ' the Indian import duty on cotton goods, being unjust alike to the Indian consumer APPENDIX. 847 and the English producer, ouglit to be abolished, and this house is of opinion that the expenditure incurred for the Afghan War affords no satisfactory reason for the postponement of the promised remission of this duty,' be added, instead thereof ; " An amendment was proposed to be made to the said proposed amendment, by leaving out from the word " goods " to the end of the question, in order to add the words, " is a tax which ought ultimately to be abolished; but that, in view of the present state of Indian finances, it is highly inexpedient to deal with the matter at the present moment," instead thereof. And the question being put, " That the words, ' being unjust alike to the Indian consumer and the English producer, ought to be abolished, and this house,' stand part of the said proposed amendment ; " — it was resolved in the afllrmative. And the question being put, " That the words, ' is of opinion that the expenditure incurred for the Afghan War affords no satisfactory reason for the postponement of the promised remission of this duty,' stand part of the said proposed amendment ; " — it passed in the negative. Another amendment was proposed to be made to the said proposed amendment, by adding after the words, "this house," the words, " accepts the recent reduction in these duties as a step towards their total abolition, to which her Majesty's government are pledged." And the question being put, " That those words be there added ; '' — it was resolved in the affirmative. And the question being put, " That the words, ' the Indian import duty on cotton goods, being unjust alike to the Indian consumer and the English producer, ought to be abolished, and this house accepts the recent reduction in these duties as a step towards their total abolition, to which her Majesty's government are pledged,' be added to the word ' That ' in the original question; " — it was resolved in the affirmative. Then the main question, so amended, being put — Eesolved, " That the Indian import duty on cotton goods, being unjust alike to the Indian consumer and the English producer, ought to be abolished, and this house accepts the recent reduction in these duties as a step towards their total abolition, to which her Majesty's government are pledged." The okder of the day being read, for resuming the adjourned debate 140 C. J. on the amendment which, upon the 23rd day of this instant February, ''^i ^''''^ was proposed to be made to the question, " That an humble address j^ggs ' be presented to her Majesty, humbly representing to her Majesty that Egypt the course pursued by her Majesty's government, in respect to the a°"i the affairs of Egypt and the Soudan, has involved a great sacrifice of valuable lives and a heavy expenditure without any beneficial result, and has rendered it imperatively necessary, in the interests of the British Empire and the Egyptian people, that her Majesty's government should distinctly recognize, and take decided measures to fulfil, the special responsibility uow incumbent on them to assure a good and stable government to Egypt and to those portions of the Soudan which are necessary to its security ; " 848 APPENDIX. And which amendment was, to leaye out from the first word " That " to the end of the question, in order to add the words, " this house, while refraining from expressing an opinion on the policy pursued by her Majesty's government in respect to the affairs of Egypt and the Soudan, regrets the decision of her Majesty's government to employ the forces of the Crown for the overthrow of the power of the Mahdi," instead thereof; And the question put, " That the words proposed to be left out stand part of the question ; "—it passed in the negative. And the question being proposed, " That the words, ' this house, while refraining from expressing an opinion on the policy pursued by her Majesty's government in respect to the affairs of Egypt and the Soudan, regrets the decision of her Majesty's government to employ the forces of the Crown for the overthrow of the power of the Mahdi,' he added to the word ' That ' in the main question ; " An amendment was proposed to be made to the said proposed amendment, by leaving out from the word " this " to the end thereof, in order to add the words, " government has failed to indicate any policy in reference to Egypt and the Soudan which justifies the confi- dence of this house or the country." And the question being put, " That the words proposed to be left out stand part of the said proposed amendment;" — it passed in the negative. And the question being put, " That the words, ' government has failed to indicate any policy in reference to Egypt and the Soudan which justifies the confidence of this house or the country,' be there added ; " — it passed in the negative. The original question was thus left, reduced to the initial word " That " (see " questions mutilated by amendments," p. 278). Votes 22nd AMENDMENT PKOPOSED, in page 3, line 21, after the word " pre- Govem- cedents," to^insert the words, "and so far as respects property without ment of just compensation: Provided that nothing in this sub-section shall Ireland prevent the Irish Legislature from dealing with any public depart- ment, municipal corporation, or local authority, or with any corporation administering public funds, so far as concerns such funds: " — Question proposed, " That those words be there inserted : " Amendment proposed to the proposed amendment, to leave out from the word " administering " to the end of the proposed amendment, in order to add the words, "for public purposes, taxes, rates, cess, dues, or tolls, so far as concerns the same:" — Question, "That the words proposed to be left out stand part of the proposed amendment," put, and negatived. Question proposed, "That the words, 'for public purposes, taxes, rates, ce _„ Tellers for the yeas ( ^^_ ^^^^^ ^^^ 1 75. „ „ . .-, (Mr. Stuart \__ Tellers for the noes | jj^_ ^^^^i^^,. Heaton / ^^• Mr. And the numbers being equal, Mr. Speaker stated that, under the Speaker circumstances, he gave his voice with the yeas. So it was resolved fZti^'' in the affirmative. vote'.°^ Ordered, That the debate be adjourned till this day.^ • Pari. Deb. 4th Aug. 1893. ' 142 C. J. 397. ( 859 ) INDEX. Abbot, Mr. Speaker ; speech of, at the bar of the Lords (1814), 202, n. ; ruKng of, as to personal interest, 353 ; speaks in committee of the whole house, 348. Abercromby, Mr. ; his complaint of words used by the lord chancellor, 80. Abingdon, Lord ; case of published speech, 124. Abjuration, Oath of. See Oaths. Absence, Leave of. See Leave of Absence. Access to the Crown. See Grown, III. Account, Votes on. See Grants on Account. Accounts and Papers ; protected from libel law by statute, 99 ; laid before Parliament, 507 ; obtainable by order or by address, ib. ; presented by command of the Crown or under Act, 511 ; motions for unopposed returns, 227 ; motions for papers to be presented immediately, 235. 512 ; power of committees to send for papers, 384 ; after answer to address, the parties are subject to an order, 508 ; or further addresses moved, ib.; orders for, discharged, ib. ; returns relating to the other house, 509 ; subjects of re- turns, ib. ; restriction on power of moving for, ib. ; returns not made, 510 ; effect of a prorogation, ib. The presentation of papers, 511 ; debate on, ib. ; dummies, 512 ; ordered to be printed, ib. ; committee (Commons) thereon, ib. ; distribution of printed papers by Lords, 513 ; by the Commons, ib. ; delivered to members by Vote Office, ib. ; transmitted by post, ib. ; publication and distribution, ib. ; un- printed papers, 514 ; orders and regula- tions laid before Parliament, ib. ; dis- approval of, by address, ib. ; Act for publication of papers, 99. Acts of Parliament ; amendment of, in same session, 294 ; read, in the house, 257. 438 ; preservation and printing of, 486.816; commencement of, 486; public, repealed by private bills, 642 ; public, superseding private Acts, 648. See also Bills ; Private Bills. Additional Provision (Private Bills) ^ petitions for, 697 ; proof of, before ex- aminers, ib., 701; when considered in committee of the whole house, 698 ; in the Lords, 795. 800. Addresses to tlie Crown ; in answer to the royal speech, 170 ; proceedings thereon, 171 ; public business, during, ib. ; form of, 428 ; amendments moved to, 171 ; amendments thereto hostile to her Majesty's advisers, 172, n. 4. Presentation of addresses by whole house, 59. 172. 427 ; by lords with white staves, 172. 428 ; by privy councillors, 59. 172. 428 ; by members specially nominated, 428 ; her Majesty's pleasure inquired when she will be attended, 172. 422. Addresses in answer to written mes- sages from the Crown, 426 ; to verbal messages, ib. ; joint addresses, 427 ; separate, 428 ; form of address, 428 ; members do not uncover when answer to address is reported, 421. Subjects of addresses, 428 ; for prose- cutions, 74; for proclamations against absconding witnesses, 401. 539; for accounts and papers, 507 ; addresses for public money, 538 ; joint addresses for commissions of inquiry into corrupt practices, 623 ; not to relate to pending bill, 429 ; answers to, 430 ; may inter- rupt debate, 257. Orders for, discharged, 286. 508 ; or superseded by a resolution, 287 ; disap- approval of statutory orders and regula- tions by an address, 514. Adelaide, Queen ; forms on royal assent to bill providing for, 485, n. Adjournment of Debate; rules, and form of motion, 281. 268; moved to obtain precedence in debate, 298 ; restrictions on power of moving, 301 ; when motion lapses, 268 ; mover must rise and speak, 806; may not be moved by a member who has spoken, ib. ; when moved, he may speak again, 860 INDEX. Adjoununent of Debate — continued. ib. ; no adjournment of debate in com- mittee of whole house, 368 ; nor of a vote in committee of supply, 579; motions analogous thereto iu committees, 369 ; adjournment of debate on going into committee of supply, 574. AdjoTirmnent of the House; in sole power of each house, 45 ; interference of Crown regarding adjournment, ib.; long adjournments, ib., 562; imprisonment by the Commons not concluded by, 92, n, ; adjournment caused by absence of a quorum, 223 ; sittings suspended, 221. 282 ; adjournments as a mark of respect, 182; on royal funerals, 188; motions for adjournment of the house to supersede questions, 267; restrictions put on use of these motions for pur- poses of obstruction, 301 ; debate to be relevant, 300 ; effect of adjournment of house on giving notices of motions, 229 ; when motion lapses, 210. 268 ; no amendment to, except as to time, 281 ; reply not allowed, save to _mover of a substantive motion for adjournment, 305 ; motions in committee for the purpose of adjournment, 440 ; extended adjournments after passing of Appro- priation Act, 562. Motion for adjournment under stand- ing order No. 17, 240 ; rules regarding the motion, 241. 264; adjournment pursuant to standing orders, 219; on Wednesdays, 220 ; beyond next sitting day, ib. ; from Friday to Monday, lb. ; adjournment on question, ib. Adjournment of committees : select, 391 ; on private bills, 785. 786. See also Debate, Adjournment of; Quorum of the Bouse. Admiralty; secretaryship to, does not vacate seat, 609 ; (private bills), super- vision of, over, 681. 723. 777; former jurisdiction of, in certain cases, trans- ferred to Board of Trade, 723. Admiralty Court; judge of, disqualified to sit in Parliament, 29, n. Admonition; by Speaker, distinction between, and reprimand, 91. Advertisement ; notices by, of private bills, 680; duty on, proceedings on reduction of, 567, n. Affidavit; of compliance with standing orders of both houses, 686. 759. , Affirmations; permitted to Quakers, &c., 159; Mr. Bradlaugh's case, 160, et seq. See also Oaths. Agents {Private Bills). See Parlia- mentary Aynts. Agriculture. See Board of Agriculture. Agriculture, Chamber of; locus standi of, 804. Albert, Prince; excepted from the operation of 1 Geo. I., stat. 2, c. 4 .. 28. Aliens; incapable of voting, 27; not eligible as members, ib. ; eligible by naturalization, 28 ; naturalization acts, 812. Alkali Works ; provisional orders, 663. Allotments ; provisional order bills, 676 ; ditto (Scotland), 677; costs awarded respecting, 782. Amalgamation Bills, 762. 801; locus standi against, 742. Ambassadors, &c. ; acceptance of ofSce of, does not vacate seat, 612. ■Amendments : Generally ; object of, 275 ; effect of, on debate, ib. ; when notice of, is re- quired, ib. ; who may move amend- ments, 285; order in moving amend- ments to motions, 276; to bills, 457. 466; to motions relating to public business, 256 ; on going into committee of supply, 571 ; in committee, 579 ; amendments must be relevant, 278; to be intelligible, 285 ; former examples of irrelevancy, 278, n. ; subjects not to be dealt with by amendments, 279 ; in- admissible forms of amendment, ib. In regard to public hills ; to question for leave to bring in biU, 437 ; no amend- ment to question of first reading or printing a bill, 441 ; amendments to question for second reading of bills, 446 ; amendments to bills in committee, 457 ; to bills on consideration, 466 ; verbal on the third reading, 472; re- strictions to amendments on stages of bills, 280 ; consideration of Lords' amendments, 475; to question for Speaker's leading chair, 363 ; notices of amendments in standing committees, 374. See also Bills. To private bills ; (Commons), amend- ments before sitting of committee, 722 ; in committee, 776 ; to be within order of leave, 778; to preamble, 780; on consideration of bill as amended, and third reading, 789; referred to chair- man of ways and means, ib. ; to stand- ing orders committee, ib. ; notice of, in votes, ib. ; to be printed, ib. ; considera- tion of opposed amendments adjourned, 790 ; notice of amendments made in the house, 789; Lords' amendments con- sidered, 791 ; (Lords), amendments by Lords' chairman, inserted in Commons' bills, 794; in committee, 803; on report, 807 ; of provisional orders, 780. INDEX. 861 Amendments — continued. To Questions; amendment must be withdrawn or negatived before leave given to withdraw motion, 266 ; amend- ments to evade or alter question, 270 ; mode of moving, 276 ; objects and principle of amendments, ib. ; modes of amendment, ib. ; question and amend- ment, both objected to, 277 ; mode of proposing several amendments, 279 ; arrangement in taking amendments, 281 ; exceptional treatment of amendments to business of the house motions, 282 ; amendments to proposed amendments, 282 ; amendments and the previous question, 264 ; amendment of question of adjournment, 281 ; amendments seconded in the Commons, 285 ; except in committee, 363. Amendments on going into com- mittee, 363 ; of supply, 571 ; amend- ments in committee, 364. 593 ; of supply, 581 ; to instructions, 454 ; to resolutions on report, 371. 590. No reserved speech on moving an amendment, 306 ; withdrawal of amend- ments, 282 ; members speak again after an amendment is moved, 307 ; vote against amendment and motion, 277; member not voting on an amendment may vote on main question, 339 ; amend- ments moved by an interested member, 358. America, House of Eepresentatives of; restriction on divisions, 350, n. Ancient Baronies ; precedence to holders of, in House of Lords, 173. Anne, Queen; attended on first day of new Parliament, 147, n. ; attended Lords' debates, 420 and n. ; refused the royal assent to a bill, 484. Apology; when required of members, 315. 319. Appearances (Private Bills) ; on memorials, 687 ; on bills, 692 ; on peti- tions against, 692. 729. 733. 770. Appellate Jurisdiction of tlie Lords, 49 ; appeal cases after prorogation or dissolution, ib. Applications to Owners, Lessees, and Occupiers (Private Bills), 680. Appropriation Bill ; procedure on, 560; debate on, 561; amendments to, ib. ; form of receiving royal assent, 562 ; completes the financial year, 560 ; antici- pated by Consolidated Fund bills, 526 ; ratifies application of army and navy surpluses, 561 ; appropriation of grants before a prorogation or dissolution, 521 ; enforcement of appropriation, 563; ad- journments, after passing of, 563, n. ArchbisJiops. See Bishops. Archdale, John, a Quaker, case of, 159. Army and Navy Departments ; esti- mates, 516 ; increase on, 517 ; surpluses,, use of, 518; sanctioned by Appropria- tion Act, 519. 543; use of first grants to, 519;. grants on account for, 520; army and navy excess grants, 523;. army reserve, royal messages regarding, 525 ; debate on grants for, 585. Army Annual Bill ; procedure on, 568. Arrest, freedom from; antiquity and extent of privilege, 100 ; and from dis- tress of goods, 101 ; early precedents (Commons), 102; (Lords), 103; statutes- defining the privilege, 104; mode of enforcement of the privilege, 105 ; ser- vants' privilege discontinued, ib. ; dura-, tion of the privilege, 106; persons in- arrest elected members, 108; or be- coming peers, 109 ; privilege of not being impleaded, 109 ; suits stayed by letter, ib. ; present state of the privi- lege, 110. Privilege from summons as witness or juror. 111 ; no privilege against criminal commitments, 112; causes of commit- ment communicated, 113; extent of privilege in cases of bankruptcy, or commitment for contempt, 115. 116 ^ privileges of witnesses and others connected with service of Parliament, 120. Ash. Wednesday, Ascension Day, &c. ; adjournment over, (Lords), 204 j sitting of committees thereon, 183. 391. Ashby and White, case of, referred to, 51. Attachment. See Commitment ; Con- tempt of Court. Attainder, Acts of; disqualify from a seat in Parliament, 33 ; procedure on, 50. 631. 632 ; reversal of, 809 ; petition! from person attainted, 499. Attendance of Members ; duty of, on service of Parliament, 174; on com- mittees, 178. 717. 725; attendance of the Lords, 174 ; of Commons, 175. Attorney-General, the ; of the Con- silium Regis, 192; directed to prosecute, 74 ; and for corrupt practices, 622 ; manages evidence at the bar, 451 ; re- port on bills (Charities), 800. " Aylesbury Men," the ; case of, referred to, 52. 131. Bail ; persons committed by Parliament not admitted to, 67 ; persons impeached bailed, 627 ; members not admissible as, 109. Ballot ; for notices of motions, 230 j 862 INDEX. Sallot — contimied. select committees appointed by, 379. 381. Bankruptcy; of members, 31. 115; of peers, 33 ; privilege of Parliament not applicable to, 33. 115 ; issue of new ■writs in case of, during recess, 600. Bar of th.e House; (Lords), prisoners kneeling at, 92 ; witnesses sworn, and examined at, 400 ; ordered to attend at, 401 ; not witnesses (select committees), 405; papers deliveredat, 511 ; attendance of Commons at, on the opening, &c., of Parliament, 146. 168 ; on an impeach- ment, 626 ; att;.endance of Speaker at, 152. 202 ; strangers admitted below, 200 ; peers tried at, 630 ; (Commons), reprimand at bar, 91 ; kneeling at, 92 ; members not sworn, sit below, 165 ; •suspended member not to be heard at, 324 ; a member heard at the bar, 160 ; witnesses examined at, 400 ; and counsel, 460. 813 ; members appearing at, to present bills, 440 ; or papers, 511 ; petitions presented at, 500. Barons ; origin of the title, 9. Bill of Eights ; declaratory of ancient law of England, 4; that no Roman Catholic shall possess the Crown, ib. ; that dispensing with laws, &c., is illegal, 4, n. ; confirms freedom of speech in Parliament, 123 ; and right of petition, 493, n. ; condemns prosecutions for matters cognizable onl}' in Parliament, 135 ; Parliament prorogued to admit of its renewal, 43. Bills, Public : Generally. — Bill reaiproformd before consideration of Queen's speech, 170; forms in passing bills not binding, 486. Application of rule that same ques- tion be not twice offered to bills, 291 ; Lords' Journals inspected, and new bills ordered, 293. 792 ; bills laid aside, 293 ; Lords search Commons' votes, ib. ; prorogation to renew bills, 294 ; Acts amended in session in which they are passed, ib. ; proposals for suspend- ing or resuming bills, ib. ; duration of temporary laws to be expressed in bill, 473 ; provision relating to continuance bills, ib. Eoyal recommendation to biHs creat- ing charges upon the people, proce- dure on, 423. 527. 529; royal consent to biJls, 423 ; withheld, 424 ; addresses not to be presented, relating to a bill, 429. Ancient and modern systems of enacting laws, 433 ; similarity of practice in both houses, 434. Bills — continued. Where bills originate, 434. In the Commons : bills involving a charge upon people, 434. 542. In the Lords : restitution bills, 435. 809 ; act of grace or general pardon, ib. Bills of unofficial members placed among Government orders, 249 ; public and private bills, 436; procedure on hybrid bills, 443; order of bills after "Whitsuntide, 247 ; precedence to Government bills at commencement of business, 243. Public Bills, Introduction of. — ^Pubhc bills presented in the Lords, 436; in the Commons, on motion for leave, ib. ; at commencement of business, 244 ; unprinted read, 442 ; membere ordered to bring in bills, 437 ; instruc- tions to such members, ib. ; other members appointed, ib. ; amendments to title on motion to bring in bill, ib. ; bill ordered by way of amendment, ib. Preliminaries to introduction of bills, 438 ; bills ordered upon resolutions, ib. ; of both houses, ib. ; on committee reso- lutions, ib. ; a second bill brought in upon the same resolution, 439 ; pro- visions in bills not to be considered by a concurrent committee, ib. ; bills originating in committee relating to religion, and trade, and capital punish- ments, ib., II. Bills founded on ways and means resolutions, 592 ; on other resolu- tions, 438 ; creating a public charge, 529 ; recommending public expendi- tm-e, 539; for reduction of charges, 540; Lords' bills infringing Commons' privileges, 542; ditto Lords' amend- ments, 544 ; Lords' bills touching charges, 547 ; Lords' bills exempt from privilege, 549; money clauses printed in italics, 460. 529. Preparation of Bills. — Rules thereon, 440; title of, ib.; objections to form, prior to second reading, ib. ; blanks or italics, ib. ; presented, ib. ; first reading and printing, ib., 442 ; no amendment or debate on such questions, 441 ; ques- tion for first reading negatived, ib. ; first reading of bills • from the Lords, ib. ; how bills are read, ib., 247 ; explanatory memorandum of a bill, ib.; bill with- drawn, and other bills presented, 444 ; no alteration after first reading, 443; bills relating to the same subject, 443. Second Reading, 442 ; read, though bill unprinted, ib. ; in the Lords, 444 ; debate on, 445 ; amendments to ques- tion for, 446 ; in the form of resolu- INDEX. 863 Bills — continued. tions, ib. ; previous question moved on stages of bills, 449 ; bills dropped, ib. ; rejected, ib. ; proceedings on, rescinded, ib. ; counsel heard, 450. Committees on Bills. — In the Lords, 451 ; in the Commons, Speaker leaves chair forthwith, ib. ; committee stage passed over. Lords, ib. ; Commons, ib. ; instructions, 452 ; division or consolida- tion of bills, 454 ; notice of instructions, 455 ; instructions when moved, 456 ; reference of bills to one committee, 456, n. ; notice of amendments in committee before bill read a second time not per- mitted, 451. Proceedings in committee, 456 ; pro- ceedings on title and preamble, ib. ; amendments, how offered, 457 ; admis- sible amendments, 457; inadmissible amendments, 458 ; proceedings on clauses, 459 ; clauses postponed, ib. ; consolidation or division of biQs, 460; new clauses, 461 ; blanks, 460 ; schedules, 462 ; procedure on preamble and title, 462 ; power of committees over bills, ib. 375 ; bills committed pro forma, 463 ; no reference to committee proceedings until report, 464 ; no report, ib. ; committee revived, ib. ; report made, 465. Proceedings on report, ib. ; bill re- printed on report, or during committee, 466 ; bills, on report, considered without question put, except bills from standing committees, 466 ; what amendments ad- missible, ib. ; new clauses, ib. ; amend- ment to bills, 467; consideration of money clauses, 468. Bills recommitted, ib. ; on third read- ing, 472 ; committed to select com- mittees, 469; to standing committees, 372 ; consideration of bills committed to standing committees, 374. Third Reading and Passing. — Ingrossment rolls, 471 ; third reading, ib. ; amendments to questions for, ib. ; verbal amendments to bill only (Com- mons), 472 ; bill passed, ib.; nem. con., 473; title of bill, ib.; no alteration of bill, save by amendment, 474; bills passed with unusual expedition, 487. Communication of Bills between both Houses, 411. 474; sent by mistake, 475; ■brought from Commons to Lords, 474 ; standing order relative to, ib. ; from Lords to Commons, ib. ; consideration of Lords' amendments, 475 ; Lords' amendments relating to charges upon the people, 478. 542; agreed to by 'Commons, 544 ; conferences, 412 ; Bills — continued. amendments disagreed to, 479 ; reasons offered, ib. ; when no reasons are offered, ib. Indorsement of bills, 480 ; Lords have custody of bills, except money bills, prior to royal assent, 475. 480; informalities in the agreement of both houses, 488 ; imperfect indorsement, 490. Eoyal Assent, 480 ; to appropriation bill, 483 ; by commission, 481 ; form of, 482 ; royal assent refused, 484 ; assent by Queen in person, 481. 485; given when the Queen absent from the realm, 485; informalities in, 488 ; ingrossment rolls, or vellum prints, 471 ; commence- ment of Act, 486. See also Appropria- tion Bills ; Blanks ; Hybrid Bills ; Informalities in Bills ; Instructions ; Private Bills ; Provisional Order Bills ; Royal Assent ; Titles. Bisliops ; archbishops and bishops ap- pointed by the Crown, 5 ; their position as lords spiritual, ib. 6. 13. 630 ; their number, 7 ; their dissent to the Act of Uniformity, 13 ; in Parliament an estate of the realm, ib. ; title to their seats, 6 ; bishops not having a seat in the Lords, 7, n. ; may resign, ib. ; bishops of Church of Ireland, withdrawn by statute, 6, n. ; their places in the house, 13. 172 ; read prayers, 149 ; • introduction of, 150 ; not appointed triers of petitions, 494, n. ; anciently voted subsidies for themselves, 20. 553 ; vote on bills of attainder, 640. Blach Rod. See Usher of. Blanks ; in joint addresses, 427 ; in bills, 460. 529 ; in private bills, 705. Board of Agriculture ; provisional orders (inclosures) issued by, 666 ; not of a metropolitan common, 668 ; metro- politan commons schemes, 667 ; Law of Commons Amendment Act, 1893 .. 857. See also Chamber of Agriculture. Board of Trade ; private bills, supervision by, 723 ; provisional orders issued by, 654; reports by, 757. 760. 761. 762; copies of private bills deposited at (Commons), 680. 681. 788 ; (Lords), 799. OfBce of parliamentary secretary to, 609. Bond (Eailway, &c.. Bills); to be entered into for completion of line, 764. Books, ITewspapers, &c. ; not to be read in the house, 309. 326. Books of Reference. See Plans, &c. Bradlaugh Mr.; his expulsion and re- election, 54; his action against Mr. Erskine for assault in removing him from the lobby, 141 ; his claim to make an 864 INDEX. Eradlaugh, Mr. — continued. affirmation, 160 ; not permitted to affirm or to take oath,ib. ; took affirmation mider standing order, 161 ; right denied by- legal decision, it.; administers to himself the oath, 162 ; the oath decided to be illegal, 163 ; takes the oath, 1886, Speaker's ruling thereon, ib. ; resolution regarding expunged, 198. Brand, Mr. Speaker; debate stopped by, 272, n. Breach of the Peace ; privilege does not extend to, 112. Breach of Privilege. See Privileges of Parlia/ment. Breaking open Doors ; powers of Serjeant as to, 65. Breviates (Public Bills), 442. Brihery. See Elections, Controverted. Bribes ; resolution declaring offer of, to members, a breach of privilege, 81 ; acceptance of, by members, punished, ib. ; offer to influence a committee punished as a breach of privilege, 397. Bridges (Railway) ; fences to, 760. Brine-pumping, Sec, Act ; provisional orders under, 666. British Museum; questions to trustee members, 237 ; grant for, moved by, 579. Budget, the Annual ; described, 555. Burdett, Sir Francis ; his case referred to, 65. 75; power of Serjeant-at-arms to break into dwelling-house, affirmed, 65. Burgesses (Parliamentary). See Citizens, &c. Burial Grounds Bills ; standing orders relating to, 679. 769. 806. Burke, Mr. ; on relevancy in debate, 299, n. ; on resistance to punishment of the printers, 323, n. Business of the House ; order of, 224 ; formal motions for transaction of,, 235; motions at commencement of, 243 ; ordinary course of, 244 ; amend- ments to motions, business of the house, 256 ; debate on, 282. See also Government Sittings; Interruption of Business. Call of the Ho^ise; (Lords), 175; (Com- mons), 176. Cambrian Railway Company; pro- tection to witnesses, 124. Canada, Lower; the constitution of, suspended in 1838, 36. Canal Bills. See Bailway and Canal Bills. Candidates ; petitioning, eligible to Par- liament, 714. Candles ; motion for bringing in, 308. Capital of Bailway Companies. See Bailway and Carnal Bills. Capital Punishment; introduction of bills relating to, 439, n. Caroline, Queen ; presence of Lords en- forced on proceedings relating to, 176 ; members pleading before Lords on the bill against, 82. Casting Voice. See Speaker ; Chairman of Committees ; Stamding Committees ; Select do. ; Joint do. Cemeteries. See Burial Grounds. Certificates ; of return of member, 165. 167 ; cases of non-production thereof, 166 ; special certificate regarding a re- turn, 602 ; certiiicates, new writs, 599 ; form of, App. 851. Of examiner for standing orders, 689. 795 ; of consents, 759 ; of deposit of amended bill, 786; of examination of fair print of bill, 791 ; of deposit of bill at board of trade, &c. (Lords), 799 ; of taxation of costs, 820. See also Bailway Certificates. Certiorari ; writ of, on indictment against peers, 630. Chairman of Committees of the whole House : Lords. — Appointment of, 360 ; ab- sence of, ib. ; duties of, on private bills, ib., 722. 794. 796. 801. 807. Commons. — Generally the chairman of the committee of ways and means, 361 ; election of, 569 ; his duties, 570 ; deputy Speaker, 191 ; takes the chair on Speaker's request, 192; his casting- voice in committee, 361 ; his authority, 365 ; no appeal from his decision to the Speaker, ib. ; debate on conduct of, 264 ; powers of, to repress irrelevance, 366; dis- order, ib. ; and divisions in abuse of rules, ib. ; reports cases of disorder, ib. ; leaves the chair if quorum not present, 223 ; motions to report progress, or to leave the chair, 368 ; leaves the chair without question put, 370; on interruption of business, 208 ; reports resolutions or other proceedings, 370; retirement of chairman, 570; his duties on private bills, 708. 716. 721. 722. 732. 733. 755. 756. 789 ; case of his personal interest in a private biU, 717. «. Temporary chairmen, 570; closure not enforceable under temporary chair- man, 361. Chairmen of Select Committees : Lords. — 'V^ote lilte other peers, 380;. sign orders for witnesses' expenses, 410. Commons. — Witnesses summoned by,. 384. 400. 402 ; sign orders for their ex- INDEX. 865 Chairmen of Select Committees — continued. penses, 410; casting vote of, 388; the votes of chairmen of private and hybrid bill committees, 389. 726. Chairman of Standing Committees ; (Commons), duties of, 374; no appeal from, to Speaker, 375 ; casting vote of, 373. Challenges and Quarrels; by or to members, prevented or punished, 77. 318. Chambers of Commerce ; loous standi of, 736. 804. Chancery Fee Fiinds; not public money under the standing orders, 567. Chaplain (Mr. Speaker's) ; prayers read by, 155 ; instances of his absence, ib. n. ; reference to the origin of the office, ib., n. Charges upon the People. See Crown; Puilic Charges ; Supply, &c. Charities (Charitable Trusts Act) ; provisional orders, 670 ; charities, orders, schemes, &c., laid before Parliament, 514. 677. Charles I. ; prosecuted Sir J. Eliot, &c., 96 ; noticed debates in the Lords, 312. Charles II. ; on restoration of, Parlia- ment met on its own authority, 38 ; dissolved Parliament in person, 47 ; noticed disorders of the Lords, 419, n. Chiltern Hundreds ; grant of the stewardship to members, 605 ; refused, 606; no writ thereon during recess, ib. ; granted to unsworn members, 608. Church of England ; Crown the head of, 5 ; acceptance by the Crown of bills relating to, 424 ; when public or private bills, 641. Cinque Ports ; term abolished in writs, 13, n.; lord wardenship of, vacates seat, 604. Cities and Boroughs; elective fran- chise of, 24. Citizens and Burgesses; position of, in the legislature, 21 ; their wages, ib. ; property qualification of, abolished, 27 ; the titles, &c., abolished in writs, &c., 13, n. Civil List Bills ; form of royal assent to, 485. Civil Power; assistance of, in support to parliamentary authority, 64. Civil Service Departments ; estimates, &c., 517 ; grants on account for, 519 ; debate on grants for, 585. Clauses; procedure on, in committee, 457; on new clauses and schedules, 461; money clauses, 529; clauses added on report, 466 ; clauses involving local P. Clauses — continued. taxation, 565 ; bills recommitted for addition of, 468. (Private bills) clauses inserted in com- mittee, 756 ; on railway and other bills, 764. 766 ; clauses considered in com- mittee, 776 ; procedure on new clauses, ib. ; concerning public interests, 777; added on consideration of bill as amended, 789 ; referred to chairman of ways and means, ib. ; to committee on standing orders, ib. ; to be printed, ib. ; notice of, in votes, ib. ; opposed, 790. Clergy; of the Church of England, and Rome, not capable of election, 30 ; dis- ability ceases when office of priest is relinquished, ib. ; formerly taxed them- selves, 553. Clerk of the Crown ; delivers return- book to the Clerk of the House of Com- mons, 146; certifies the election of representative peers of Scotland, 149 ; and of Ireland, 150; his certificate of return of member, 165. 167 ; if no re- turn be made, attends to explain, 602 ; ordered to attend and amend returns, 167. 620. Warrants directed to him, to issue new writs, 600. 601 ; and to Clerk of the Crown and Hanaper in Ireland, 601 ; examined regarding error in de- livery thereof, 602; copy of Speaker's appointment of members to issue writs, deposited with, 601. Duties of, on royal assent being given to bills, 481. Clerk of the House of Commons; his appointment and duties, 195 ; his duties on election or retirement of Speaker, 150 ; formerly read prayers in Speaker's absence, 155, n. ; records ab- sentees from call of house, 177 ; takes down words, 320 ; reads orders of the day, 247 ; reports of committees of the whole house, 371 ; titles of bills, 441 ; and petitions, 503 ; signs the summons to witnesses before the house, 400 ; and orders for their expenses, 410 ; sanctions production of documents, 408 ; bears messages to House of Lords, 412. 474 ; indorses bills, 480; has custody of Speaker's appointment of members to issue writs, 601. Clerk of the Parliaments ; his duties, 193 ; authenticates extracts from jour- nals, 196 ; receives money biUs from the Speaker, 483. 562 ; signs the summons to witnesses before the Lords, 400; certifies their expenses, 410 ; bears mes- sages to Commons, 474 ; reads messages from the Crown, 421 ; indorses bills, 3 K 866 INDEX. Clerk of tlie Parliaments — continued. 480 ; and Acts, 486 ; his duties regard- ing tlie royal assent, 483. Deposits of private bills at office of, 795. 808 ; and report of examiners, 795 ; and of amendments, 807 ; duties regarding taxed costs, 820. 821. Clerk of the Peace ; alterations of plans, &o. (Lords), deposited with, 798. Clerks Assistant (Commons) ; ap- pointment of, and duties, 195; second clerk assistant, ib. ; carry messages to House of Lords, 452. 474 ; clerk assist- ant officiates in committees of the whole house, 372 ; indorses bills in absence of Clerk, 480, n. ; duty of, on the ballot for notices, 231 ; notices of mo- tion, in writing, given to second clerk assistant, 231 ; (Lords), duties of, 193 ; reading clerk, ib. ; appointment of, ib., n. ; bear messages to Commons, 412. Clerks, &c., of the House ; evidence of, 407. Closed Doors ; breaches of privilege for- merly inquired into with, 85 ; select and secret committees deliberate with, 388 ; private bill committee, 770. Closure ; procedure thereon, 211 ; form of, 212 ; claim thereunder, 213 ; closure upon the words of a clause, ib. ; closure at moment of interruption, 217 ; ques- tions claimed under previous closure motion, 218. Cochrane, Lord ; privilege not extended to, on criminal commitment of, 113. Coke, Sir Edward ; his opinions ; on the separation of the two houses, 19 ; on minors being members, 28 ; on autho- rity and privileges of Parliament, 37. 130; on the law of Parliament, 60; on freedom of speech, 95 ; moved that a bill be torn in the house, 449. Colonies ; legislation regarding, 36 ; governorship of, vacates seat in the house, 604. Commencement of Public Business ; time of, 243. See also Business of the Souse. Commission ; for opening Parliament, 42. 146. 167 ; for prorogations and fur- ther prorogations, discontinued, 42 ; a commission makes a house, 224; for giving royal assent to bills, 482; to investigate corrupt practices at eleo- tiojis, 623. Commissions ; when acceptance of, does not vacate a seat, 611. Commitment ; the right of both houses, 61 ; assistance of the civil power, 64 ; causes of commitment cannot be in- quired into by courts of law, 67 ; need Commitment — cont not be stated, 68 ; persons sent for in custody, ib. ; arrests without warrant, 69 ; commitments by Speaker, 85 ; for offences in a former session, 88 ; by the Lords for fixed time, 89; petitions for release, 91 ; by Commons concluded by prorogation, 92 ; but not by adjourn- ment, ib., n. See also Fees on Commit- ment. Committee of Privileges, 372. Committee on Public Petitions, 505. See also Petitions, Public. Committees, Grand ; discontinued, 371. Committees, Joint ; of both houses, 398. See also Joint Committees. Committees of the whole House : L Lords. — Appointment of, 360 ; pro- cedure in, 361 ; chairman of, 360 ; quorum, 205; members speak more than once, 365 ; house resumed, ib. ; vote by proxy discontinued, 350 ; mode of obtaining adjournment of, 368 ; pro- ceedings of, entered in journals, 372 ; recommitment to, of private bills, 807. II. Commons. — Appointment of com- mittees, 360 ; on bUls, 451 ; instructions to, 363. 452 ; conduct of business in, 361; functions of, 362; chairman of ways and means the usual chairman, 361 ; his casting vote, ib. ; when to re^ port progress on interruption of busi- ness, 208 ; temporary chairmen, 361. Committees on public charges, 527 ; sitting of committee suspended, 368, n. ; divisions in committee, 349; interrup- tions in committee, 368 ; witnesses ex- amined by, 362. 400; members may speak more than once in, 364 ; to speak standing, 365. Speaker leaves the chair forthwith, 360 ; exceptions to this rule, ib. ; when instructions are moved, ib. ; matters committed, 363; royal message read,- 364. Order of debate therein, 365 ; closure in committee, 211 ; powers of the chair- man, 366; to repress irrelevance, &c., ib. ; disorder, ib. ; no appeal from his decision to the Speaker, 365 ; disorder in committee dealt with by the house, ■ 366 ; divisions in abuse of rules, ib. Resolutions proposed in, 364; mo- tions in, not seconded, 363 ; previous question not admitted, 364; questions of sums and dates, 363 ; resolution pro- posed in, cannot be postponed, 368; amendments moved in, 364 ; quorum, 223 ; committee cannot adjourn, 368 ; motions to report progress, &c., ib. ; INDEX, 867 Committees of the ■whole House — continued. order of day for a committee dropped, 369 ; revived, 250. Report of proceedings, 370 ; till report made, proceedings of committee not to be referred to, ib. ; report grant of public money received on future day, ib. Speaker entitled to speak and vote in, 340 ; proceedings entered in journals, 372 ; clerk assistant ofBciates in, as clerk, ib. ; oath administered by, 406. Bills originating in committee, 438 ; provisions in a bill not to be considered by a concurrent committee, 439 ; pro- ceedings in committees on bills, 456 ; in committees of supply, and ways and means, 577 ; petitions for additional provision considered in committee, 698. See also Instructions ; Standing Com- mittees, Supply, and Ways and Means. Com.mittees, Select : I. Generally. — Libels on, 81 ; vrit- nesses before, 121-125 ; protected, by the Witnesses (Public Inquiries) Protec- tion Act, 122; documents referred to, 378 ; power of obtaining, 384. General province of, 378 ; order of reference, and instructions, ib. ; secret committees, 388 ; division of a com- mittee into two, 381 ; sessional com- mittees, 382 ; joint committees, 398 ; of both houses communicating with each other, 399 ; committees to examine sick witnesses, 390 ; to inspect journals, 243 ; Lords' amendments, 479 ; matters of privilege, 381 ; to consider questions regarding members' seats, 618. Printed minutes of evidence, 392; alterations to be confined to correction of inaccuracies, ib. ; publication of, be- fore report, a breach of privilege, 73. 393. Power to report, 394 ; special report, 395 ; power to report from time to time, ib. ; report of evidence by a reappointed committee, ib. ; publication of draft re- ports, ib. ; reports cancelled, 396 ; pre- sented, ib. ; evidence referred to a secretary of state, 397 ; reports recom- mending grant of public money, 393; offering reward for absconding witnesses, 401. Bills committed to select committees, 469 ; power of a committee over a bill, 462. 470; over private bills, 787; power of select committees to take evi- dence, 384. II. Lords. — Appointment of, 379 ;_ by ballot, ib. ; sessional committees, ib. ; select committees may sit, notwith- Com.mittees, Select — continued. standing any adjournment, 379 ; ap- pointment of chairman, 380 ; chairman has no casting vote, ib. ; quorum, 379. 383 ; minutes of proceedings, 380 ; witnesses or documents procured, 379. 401. 405 ; preliminary examination into evidence, 385; absconding witnesses, 400; oaths, 380. 405; presence of strangers, 385; of lords not of the committee, 386 ; secret committees, ib. 388 ; divisions, 380. III. Commons. — Seats in house of members serving on, 174 ; obligation of members to attend, 178 ; appointment, constitution, and practice of, 380 ; notice of nomination of, ib. ; of discharge therefrom, ib. 383; on privilege cases without notice, 381 ; nomination of, by ballot, ib.; by committee of selection, 381. 382. 720. 726; of members per- sonally interested in bills, 382. 726; nomination of, at commencement of public business, 244 ; to serve without voting, 382; members added and dis- charged, 383; motion to raise number of committee above fifteen, 380. Quorum, 383; if no quorum named, ib. ; procedure on want of, 384 ; evi- dence taken in absence of quorum re- ported, ib. ; power to send for persons, &c., ib. ; for papers and records only, ib. ; production of documents before, ib. ; appointment of committees dis- charged, 385 ; revived, 391. Presence of strangers, 386 ; of mem- bers, ib. ; secret committees, 388 ; di- visions, ib. ; choice of chairman, ib. ; casting voice of, ib.; adjournment of committees from place to place, 389 ; sitting whilst house sits, 390 ; after ad- journment of house, ib. ; notice of prayers, ib. ; sittings on Ash Wednesday and Ascension Day, 391. Counsel heard, 391 ; witnesses sum- moned, 401 ; absconding, ib. ; examined, 392 ; on oath, 406 ; indemnified, 407 ; their expenses, 409 ; attendance and examination of members, 402 ; of peers, ib. ; of officers, &c., 403. Procedure on money clauses in, 393. 471 ; no previous "question in, 270. 397, n. See also Private Bills ; 8ui- Committees ; Witnesses. Committees, Standing. See Sessional Standing Committees. Commons, House of; elected under writ from Crown, 5 ; third estate of realm, 13 ; origin of, 13-20 ; knights of the shire, and citizens and burgesses, 15 ; early instances of writs of summons, 17 ; 868 INDEX. Commons, House ot-— continued. originally sat with the Lords, 18 ; when separated, 20; number of members at different periods, 21-23; wages of, 21. Effects of the Reform Acts (1832), 22 ; present number of members, and classification of constituencies, 23 ; the electors, 24; Scottish and Irish fran- chises, 25; registration, 26; qualifica- tion of voters, 27 ; and of members, ib. ; mode of election, 34 ; and of summons, 40. Powers of the house, in adjournment, 45 ; in impeachments, 50. 625 ; in voting supplies, 50. 569 ; demand of Crown for aid, 515. 554; in vote of taxation, 555 ; in determining elections, and issuing new writs, 50. 53. 595 ; in suspension of members, 54 ; in expulsion of members, 55 ; privileges of the house, 57 ; claim of, to be a court of record, 89. Proceedings on meeting of Parlia- ment, 146; election and duties of Speaker, 150. 187; deputy Speaker, 191 prayers, 155. 225 ; oaths taken, 155 consideration of royal speech, 170. 554 call of house, 176; times of meeting, 206; announced in "Votes," 208; the quorum of, 221 ; sittings of the house, 179 ; longest sittings, ib., n. ; extra- ordinary sittings, 180 ; thanksgiving and fast days, 181 ; chief oflficers of, 19S ; votes and journals, ib. ; admission of strangers, 199 ; proceedings on proro- gation, 202 ; order of business in, 224 ; interruption of business in, 208; peti- tions, 493. See also Business, Order of; Adjournment, II. ; Members of the Bouse of Commons ; Questions to Members. Com.m.ons Inclosure Acts ; provisional orders under the, 666. See also Me- tropolitan Commons. Com.panies ; private bills, standing orders, 679. 706. 759-762. 764-766. 796. Complaints. See Privileges of Parlia- ment. Complicated Questions; how dealt with, 271. Composite Tax Acts, 551. Comptroller and Auditor General; reports of, on public expenditure, 563. Condolence ; addresses and messages .of, on demise of members of the royal family, 428. 431. Conferences ; character and subjects of, 412 ; the demand for, ib. ; purpose to be stated, 413; to offer reasons, ib. ; time and method of meeting, ib. ; con- ferences regarding bills, 414. 479 ; free Conferences — continued. conferences, 415 ; other means of com- munication, 411 ; bill introduced on resolutions agreed upon at a conference, 438. Conflict of Opinion between the Two Houses ; instances, 416. Conquest, The ; position of the people after, 15. Consent of the Crown. See Crown, III. Consents to Private Bills; consents, inclosure and drainage bills, 768; by standing orders (Commons), to be re- ported on, 783 ; (Lords), of proprietors and companies, &c., 798; of parties affected by alterations of plans, &c., 697. 799 ; consents of directors, &c., 706. 799. See also Estate Bills. Consequential Amendments ; to bills, 477. 792. Consilium Segis ; the, 49. 192. Consolidated Fund; the nature of, 558 ; drafts upon, ib. ; application of, 559 ; permanent charges on, 560. Consolidated Fund Bills; object of, 526 ; occasions for, ib. See also Ap- propriation Act. Consolidation Acts; incorporation of, in private bills, 681. Constituencies ; classification of (Eng- lish), 22; (Scotch), 23; (Irish), ib.; qualification of electors, 24; registra- tion, 26. Consul or Consul General; accept- ance of office of, vacates seat, 612. Contagious Diseases (Animals) ; pro- visional orders, 663. Contempt of Court ; members of both houses liable to commitment and attach- ment by courts of justice for, 116-119 ; explanation of the liability, 118 ; not extended to commitment for non-pay- ment of money, 119; nor to cases of contempt of ecclesiastical courts, ib. Contractors (Government); disquali- fied from serving as members, 30. 605 ; when not disqualified, 31. Contracts (Packet and Telegraphic) ; not binding until approved by the house, 568 ; to be laid on table with treasury minute, ib. Government contracts confirmed by a private bill, 708. Controverted Elections. See Elections, Controverted. Convocation ; subsidies of clergy voted in, 553 ; origin and summons, ib. Copyholds ; general Acts passed to facili- tate the enfranchisement of, 649. Cornwall, Duke of; Edward the Black Prince created, 7 ; consent of the Crown INDEX. Cornwall, Duke of — continued. and Prince of Wales regarding the duchy of, 423 _; to private bill, 791. Coronation ; both houses attend, if sit- ting, 182. Coronation Oath, the ; referred to, 2. 4. Corporations ; petitions from, to be under their common sea], 497. 752. See also Municipal Authorities. Corrupt Practices Acts ; disqualifica- tion under, 34. 621. Costs ; awarded on private bills, 781 ; in case of provisional order bills, 782 ; of private bills, taxation of, 819. Counsel ; professional statements by, pri- vileged, 125 ; members not to act as, before committees, &c., 82 ; or before the Lords, except in judicial cases, 83. Counsel heard before select commit- tees, 391 ; heard at bar upon public bills, 450 ; on impeachments, 627 ; rules regarding healing of counsel on private bills, 770. 774. 777 ; (Lords), on second reading of divorce and peerage bills, 813. Counsel; to Chairman of Lords' Com- mittees ; and to Mr. Speaker ( Com- mons). See Private Bills. Counties ; origin of the term, 8 ; elective franchise of, in England, 23 ; in Scot- land and Ireland, ib. ; provisional orders respecting, 664. Counting the House, 223; house counted out, ib. ; when the Speaker has declined to count the house, 224. See also Qiiorum. County Councils ; provisional orders issued by, 651. 676 ; ditto, Scotland, 671 ; locus standi of, 747 ; provisional orders issued respecting, 663. Courts of Lavsr ; causes of commitment by houses not to be inquired into by, 67 ; jurisdiction of, over privilege, 128 ; authorities favouring the jurisdiction of Parliament, 129 ; of the courts, 132 ; judgments of courts, and proceedings of Parliament thereon, 135 ; present posi- tion of privilege, 142 ; no debate upon matters pending before the courts, 264 ; proceedings on private bills restrained by injunction, 645. Courts Martial ; notice of arrest of members by, given to the house, 115. 506 ; address, in answer, 427. Credit ; grant of vote of, 524. Criminal Act; committed within par- liamentary precincts, 134, n. 1. Criminal Commitments. See Ar7-ests, Freedom from,. Cross Benches ; in the Lords, 173. Crossing the House ; rules as to, 326. Crovsm, The : I. Prerogatives. — Hereditary, but sub- ject to Parliament, 2 ; ancient right of females to inherit, 2, n. ; definition of its prerogatives, 3-5 ; declaration of adherence to the Protestant faith, 4; head of the Church of England, 5 ; no power of adding to Scotch peers, 10; Irish peerage, power to add, 11 ; prero- gative of pardon, 629. II. Demise of. — Parliament meets upon, without summons, 40 ; instances of, ib. ; does not determine Parliament, 46 ; both houses again take the oaths, 167; addresses of condolence on, 429. III. Its relations to, and communica- -tions ivith, Parliament. — Summons of Parliament, 40 ; causes of, declared, 41. 167 ; approves Speaker of Commons, 42. 201 ; assembles or prorogues Parliament, ,42. 167. 202; adjournment of both houses at pleasure of Crown, 45 ; power over adjournments, conceded by statute, ib. ; duration of Parliament formerly at will of Crown, 46 ; dissolves Parliament, ib. ; by sovereign in person, 47 ; proro- gation with view to a dissolution, ib. Confirmation by, of Commons' privi- leges, 57. 152 ; Commons' privileges, independent of Crown, 58 ; freedom of access to sovereign, ib. 429 ; favourable construction of the Commons' proceed- , ings, 59 ; addresses to, for prosecutions, 74 ; Queen's name not to be used in debate, 312 ; explanation of rule, 313. Presence of, in Parliament, 419 ; cases of attendance, ib. ; communicates with Parliament in person or by commission, t 420 ; by message, ib. ; subjects thereof, 421 ; to both houses, 427 ; verbal mes- sages, ib. ; Queen's pleasure signified, ib. ; consent of, to bills, &c., 423. 435. 791. 810; procedure on bills passed without royal consent, 423. 810; amend- ments in committee affecting, ib. ; con- sent withheld, 424; appearance in behalf of Crown before committees, 777 ; places its interests at disposal of Parliament, 424. Character of the communications be- tween the Crown and Parhament, 425 ; how acknowledged, 426; addresses to, ib. ; resolutions communicated, 430 ; ministers responsible to Crown and , Parliament, 431 ; bills for the restitution of honours, 435. 891 ; of pardon, 435 ; royal assent to bills, 480 ; given in person, 485; to bills providing for the dignity of Crown, ib. ; accounts' and papers presented by command, 511 ; relating to expenditure of public money on Crown property, 508. 870 INDEX. Crown, Th.e — continued. The revenue of the Crown dependent on Parliament, 554 ; of what it consists, lb. ; private bill recommitted to make provision thereout, 698. Control of Crown over expenditure, &c., 515 ; demand of the Crown for aid, ib. ; royal order for issue of public money, ib. ; estimates, 516 ; power of Crown over, ib. ; for grant on account, 518 ; a supplementary grant, 522 ; ex- cess grants, 523; for grants on a vote of credit, 524 ; for exceptional charges, ib. ; incidental charges, 525 ; messages regarding the militia and army reserves, ib. ; the royal recommendation of charges, 423. 527-531. 698; procedure on, 528 ; no increase on money demands of Crown, 532. 580 ; recommendation in general terms, 532 ; responsibility re- garding taxation, ib. 589 ; financial measures exempt from royal control, 535 ; grants needing no recommenda- tion, 538. 565. IV. Acceptance of Office under. — Va- cates seats in Parliament, 29. 603. 612 ; exceptions, 608. See also Addresses to the Crovm ; Commons, Bouse of; Dis- solution of Parliament ; Proclamations; Sovereign ; Taxation. Cunmlative 0£B.ees; held under Crown, 610. Customs and Inland Revenue Bills, 557. 588. 593. Dangerfield's Narrative ; the Speaker prosecuted for publishing, 135. Davitt, M. ; void election, 1882 . . 33. 620. Debates ; a peer addresses the Lords in general, 295 ; debate on questions in Lords, 206 ; the Commons address the Speaker, 295; speech not to be read, ib. ; use of letters in a debate, 295, n. ; members to speak standing and un- covered, ib. ; exceptions, ib. ; may speak irom the galleries, 296 ; debates on privilege cases, 258; interruptions to debate under standing orders, 208; in- cidental interruptions to debate, 256. When debate arises, 266. 296 ; the Speaker's call, 296 ; the caU questioned, ib. ; member who speaks having been called, not to be interrupted, 299 ; mo- tion that a member do not speak, 212, n.; precedence, newmembers, 298; to mem- ber who has moved the adjournment, ib. ; though motion interrupted, ib. ; member not entitled to speak on main question, after having moved or seconded motion for adjournment of debate, ib. ; to speak to the question, 299 ; debate Debates — continued. on cognate bills, 300 ; matter ruled out of order not to be debated, ib. ; merits of a bill not to be discussed on motion for postponement, 302 ; discus- sion of motion or bill not to be antici- pated, 300 ; nor of bill sent to the Lords, 311. Debate out of order when no ques- tion is before the house, 302 ; miuisterial explanations, ib. ; personal explanation, 303. 504 ; to speak once only, 304 ; ex- cept on reply, or in committee, ib. ; or to explain, ib. ; when reply allowed, 305 ; reserved speech, ib. ; rules thereon, 306 ; when new question arises, 307. Order in debate, 307 ; rules for mem- bers speaking, 308; reference to prior debates, ib. ; reading speeches from newspapers, 309 ; distinction between the speeches of living or dead members, ib., n. ; not to reflect upon votes of the house, 310 ; nor to allude to debates or bills in the other house, 310 ; allusions to reports, 311 ; use of the Queen's name, ib. ; not to use words against Parliament, or either house, 314; nor against a statute, 316 ; nor on matters pending judicial decision, 316; nor reflections on sovereign, &c., ib. ; per- sonal allusions, 317; words of heat, 318; challenges, 319; words taken down, 320 ; dealt with, 321 ; rules for repression of irrelevance, &c., in debate, 300. 323 ; citing documents not before the house, 321. When debate ceases, 322; debate stopped by Mr. Speaker Brand, 272, n. ; closure of debate, 211. Eules to be observed by members not speaking, 325 ; to keep their places, ib. ; entering and leaving the house, 326; not to cross before members speaking, ib. ; not to read books, .&c., in their places, ib. ; to maintain silence, ib. ; hissing and disorderly interruption, 327; misbehaviour to members in the house, 328 ; interruptions in committee, 329 ; authority of the Speaker, 331. 366 ; members withdraw when conduct under debate,. 332 ; rules of debate in committee, 365 ; disorder in, 366. Petitions not to allude to debates, 499 ; debate on petitions, 503 ; debate on going into committee of supply, 571 ; in committee, 584; in committee of ways and means, 588 ; on report of supply resolutions, 591 ; on appropria- tion bills, 561 ; on army annual bill, 569. See also Freedom of Speech; Newspapers ; Obstruction ; INDEX. 871 Debates — continued. Adjournment, Debate on ; Closure ; Interruption of Business-; Privilege ; Suspension of Members. Debates, Adjoununent of; moved to intercept a motion, 268 ; to obtain priority in debate, 298 ; debate on mo- tion for adjournment, 301 ; standing orders in restraint of debate on ques- tions of adjournment, 301 ; wlien mo- tion lapses, 210 ; adjourned debate on privilege, 262, n. ; on going into supply, 574. Debts to the Crown ; rules as to peti- tions for compounding, &c., 531. Declaration; petitions not received in the form of, 496 ; made by members serving on committees on private bills, 717. 724. Demise of the Crown. See Crown. Denison, Mr. Speaker ; spoke in com- mittee of the whole house, 349. Deposit of Documents and Money (Private Bills) ; standing orders, as to, 681. 762. 764. 766. 806. Deputy Speaker ; (Lords), 185 ; (Com- mons), 191. Derby i)ay ; adjournment over, 184. 243. Destructor ; clauses regarding Kmits of, 769. 806. De Tallagio non Concedendo; this statute referred to, 18. Dilatory Motions ; when they lapse, 210 ; dealt with from the chair, 301. See Adjournment ; Progress, &c. Directors of Railway Companies; standing orders (Lords), consent of, to bills proved, 799 ; Commons, 706. Disfranchisement Bill ; service of copy of, on returning officer, 623, n. Disorder ; direction from chair that dis- orderly members do withdraw, 332. See also Members ; Speaker. Disqualification ; of members, 29. 603 ; of voters, 27. Disraeli, Mr. ; allowed to make state- ment in the house on the authority of the Queen, 314. Dissolution of Parliament; by the Crown, 46 ; grants on account before, 520 ; appropriation thereof, 521 ; Par- liament not determined by demise of the Crown, ib. ; by proclamation, ib. ; in person, 47 ; prorogations, with a view to, ib. ; interval between a dissolution and assembling, ib. ; duration of privi- lege after, 108; of speakership, 190; does not determine an impeachment, 629 ; nor a divorce bill, 812 ; nor an appeal case, 49 ; procedure on, regard- ing private bills, 690. Distress of Groods ; privilege of freedom from, 101, ef seq. Dividends (Railway Bills) ; standing orders thereon, 762. 764. 766. 780. Divisions : I. Generally. — Division on election of Speaker, 151; when division arises, 272; voices to determine votes, 273 ; time for dealing with errors in, 343; members speak sitting and covered on question during a division, 295 ; claimed frivo- lously, 350; personal interest in the question, 353. II. Lords. — Lords voting to be present when question put, 336 ; presence of strangers, ib. ; the woolsack not within the house, 341 ; arrangements adopted since 1857.. 339; vote of peer in the wrong lobby, ib. ; division lists recorded in votes and journals, ib. ; appoint- ment of tellers, ib. ; vote of Speaker given from woolsack, ib. ; of infirm peers from seats, ib. ; votes by proxies discontinued, 350 ; question negatived when voices equal, 340 ; rule reversed on judicial decisions, ib. ; the vote in judicial cases, ib. ; protests, 351. III. Commons. — Members to be pre- sent when question put, 335 ; precedents, ib. ; rooms beyond the lobby not within the house, 336 ; presence of strangers, ib. ; proceedings prior to division, 337 ; members present must vote, ib. ; mem- bers in wrong lobby, 343; question twice put, 337 ; breach of order during a division, 338 ; members not voting on amendment may vote on main question, 339; mode of dividing, 34L; appointment of tellers, ib. ; mode of noting the names, 342 ; report of numbers, ib. ; second division in case of disagi'eement, ib. ; casting voice of Speaker, 344 ; of chair- man of house in committee, ib. ; divi- sions in committee, 349 ; publication of division lists, ib. ; pairs, 351. IV. In Standing and Select Com- mittees. — Divisions in standing commit- tees, 374 ; casting vote of chairman, 373 ; in select committees, 380. 388 ; cast- ing vote of chairman, ib.; in private bill committees, 389. 726. Divorce BiUs; when applied for, 811; when not affected by a prorogation or dissolution, 812 ; depositions, ib. ; in the Commons, 814. Documents; production of, if cited in debate, 321 ; exceptions, ib. ; referred to committees, 378. 379 ; power of send- ing for, given to committees, 384. 784. Door-keepers ; duties of, on divisions, 337. 872 INDEX. Dormant Peerages (Scotch.) ; laws respecting the assumption of, 10. Double Returns ; proceedings on, 615. Drainage Provisional Orders, 668 ; drainage districts, 660; drainage (Ire- land), 676 ; duties of committees on (Commons), 767. See also Thames Valley Drainage. Draiwbacks and Allo-wances ; rules as to proposing, 534. Dropped and Superseded Orders of tlie Day, 250. Dublin City ; when bills relating to, are public or private, 638; corporation, petitions from, presented, 615, and n. ; bill for disfranchisement of freemen or- dered as amendment of question for new writ, 438. Dukes; origin of the title, &c., 7. " Dummies " (Accounts and Re- turns) ; presentation of, 512. Duties; procedure on imposition of, 532; not to be increased by the house, 533. 589 ; reduction of, 533 ; petitions against imposition of, 499. D-wellings (Working Classes); pro- visional orders, 652. See also Houses of the Working Glasses Act; Houses of the Labouring Classes. Ealdormen; title amongst the Saxons, 8. Earls ; origin of the title, 8. East Hendred, Manor of; stewardship of, 605. East India Revenue Accounts ; com- mittee thereon, 564 ; practice therein, ib. See also India. Ecclesiastical Courts; privilege re- served in cases of contempt of, 119. Edinburgh. ; petitions of corporation of, 501 ; introduction of bills concerning, 638. Education, Elementary (Public) Pro- visional Orders, 668; ditto, Scot- land, 671 ; Ireland, 676. Edward the Confessor ; enactment as to freedom from arrest, 100. Edward I. ; summons of Parliament by, 18 ; recognition of consent of Commons to taxation, 553. Edward II. ; recognition of Commons in his statutes, 18. Edward III. ; laid Pope's demand of homage before Parliament, 3 ; recogni- tion of the Commons under, 18 ; and the annual holding of Parliament, 38. Elections ; how held, 34 ; votes taken by ballot, 35; returning officer gives notice of day of election, ib. ; extent of Commons' jurisdiction in matters of, 50 ; Elections — continued. its judicature in such matters delegated to courts of law, 53 ; laws, and number of statutes relating to, 595, and n. ; issue -of new writs, 53. 595, et seq. See also Writs. Elections, Controverted ; trial of, 613 former systems, ib. ; the present, 614 members returned for two places, ib. to vrithdraw while their returns are in question, ib. ; double returns, 615 ; reso- lutions respecting voting and interfer- ence of peers, bishops, or niimsters under Crown, 616 ; and bribery, ib. ; attendance of Clerk of Crown to amend return, 620 ; proceedings of house upon determination of election trials, ib. ; special reports, 621 ; penalties for corrupt practices, ib. 622 ; commissions of inquiry, 623. Elective Franchise; outline given of, 21-27. Electric Lighting Act, 1882 ; grant of provisional orders under, 656. Elementary EducoMon Act. See Edu- cation. Eliot, Sir John; prosecution of, vrith Hollis and Valentine, 96. Elsynge ; his opinion on the tenure of bishops, 6, n. ; on the separation of the two houses, 20 ; on parliamentary privi- leges, 58. 93. Entering the House; rules to be ob- served by members on, 326. Equality of Votes. See Divisions. Equity, Courts of; injunction by, to stay proceedings on a private bill, 645. Estate Bills; (Commons), interval be- tween second reading and committee, 718 ; (Lords), bills from Commons, or petitions for, referred to judges, 810; proceedings on Scotch and Irish Estate BiUs, ib. ; petition to be delivered to chairman of committees, ib. ; notice to mortgagees, ib. ; committees on, 811 ; second reading, 812 ; commitment, 814 ; special report, ib. See also Local Bills ; Private Bills, VI. Estates of Members ; claim of privi- leges for, omitted (1853), 57, n. Estimates; annual, presented, 516; for the revenue departments, ib. ; for the militia, ib. ; power of Crown over, 517 ; ordinary, ib. ; of grants on accoimt, 513 ; of supplementary grants, 522 ; excess grants, 523 ; vote of credit, 524 ; excep- tional charges, ib. ; reference of, to select committees, 564, n. ; dealt with in committee of supply, 569. Estimates (Private Bills) ; required to be made and deposited, 680. INDEX. 873 Evidence ; before select committees, pub- lication of, a breach of privilege, 72. 393 ; taken down and printed, 392 ; report of, from time to time, 395 ; by a reappointed committee, ib. ; referred to a secretary of state, 397 ; evidence pro- tected, 407; indemnity for, ib.; felse evidence punished, 84. 407. 784. Evidence (private business) of com- pliance with standing orders, 685 ; evi- dence referred to private bill com- mittees, 775 ; report of evidence on private bills, 784; printed in certain cases, 785 ; resolution respecting print- ing of, 770 ; not applicable to hybrid bills, ib. ; depositions in India in divorce cases, 812. See also Oaihs ; Witnesses. Examiner of Petitions for Private Bills (Commons) ; for Standing Orders (Lords). See Private Bills, III. Exceptional Grants. See Grants of Supply. Excess Grants. See Grants of Supply. Exchequer and Audit Departments (Act) ; reports under, on public expen- diture, 563. Exchectuer Bills; issue of, now obviated, 658, n. Exempted Business ; from interrup- tion, 211. Expenses of Witnesses. See Witnesses. Explanations ; in debate, 304 ; minis- terial explanations, 302 ; on leaving ofBce, 303 ; personal explanations, ib. Explosives Act; provisional orders under, 653. Expulsion of Members (Commons) ; effect of, 53 ; cases and grounds for, 55. Expunging Motions and Protests; from the journals, in Mr. Wilkes's case, 54. 197 ; in Mr. Bradlaugh's, 198; from the Clerk's book, 197. East Days ; divine service attended on, by both houses, 181. Favourable Construction of Com- mons' Proceedings ; privOege of, 59. Pees ; resolution on the acceptance of, by members for professional services con- nected with proceedings in Parliament, 82, n. ; payment or remission of, on commitment to custody, 92 ; parliamen- tary, provisional orders exempt from, 651. See also Private Bills, VIII. Felony ; conviction for, a disqualification for a seat in the Commons, 33. 619 ; expulsion for, 55 ; privilege not ex- tended to, 112. Feudal System; legislative taxation traced to the, 553. Finance ; dealt with by the Lords, 541. Fines ; imposed by Lords, 89 ; by Com- mons, 90 ; last case of, ib. Fire; Palace of Westminster, 21, ji. First Reading; of public bills, 441 ; of private bills, 705; (Lords), 800. Floyde's Case, 90. Foreigners, Petitions from; received, 500. Forgery or Fraud ; in preparing or sign- ing petitions, 497. 753. 783, n. Formal Motions ; after interruption of business, 210 ; for transaction of busi- ness, 235. Fox, Mr. ; sat as member, under age, 28 ; his verdict against Bailiff of Westmin- ster, 52; disputes with Mr. Pitt on speaking first, 297, and n.; quarrel with Mr. Wedderbum, 319. Franchise. See Elective Franchise. FranMng Letters ; privilege aboUshed, 107, n. Free Conferences ; the forms of, 415. Freedom of Access to the Sovereign ; a privilege of the Commons as a body, 58 ; when exercised, 59 ; of peers, as a house and individually, 59. Freedom from Arrest. See Arrest, Free- dom from. Freedom of Speech; principle of the privilege, 93 ; ancient precedents, ib. ; interpretation thereof, 95; violations thereof, ib. ; members punished lor abuse of, ib. ; statutory recognition of, 96 ; not extended to published speeches, 97 ; pubhcation of parliamentary papers, Friday; adjournments from Friday till Monday, 180; supply first order on, 246. 571 ; debate thereon adjourned, 574. See also Two o'clock Sittings; Government Business. Frivolous Claim of a Division. See Divi- sions. Frivolous Complaints of Breach of Privilege, 85. Frontagers ; locus standi of, 746. Funerals of the Royal Family ; ad- journment of house on, 183. Galleries ; members may speak from side galleries, 296; strangers' gallery not now cleared on divisions, 202. 336. Garter King of Arms; duty ef, on opening Parliament, 149 ; his opinion respecting the Speaker's precedence, 190, n. Gas and Water Bills and Pro- visional Orders ; consumers, locus standi, 748 ; clauses, limits, 769. 806 ; additional capital, 769 ; auction clauses, standard price, &c., ib. 874 INDEX. Gas and Water Facilities Acts ; pro- visional orders under, 655. 661. 675. Gazette, London ; notice given therein by Speaker prior to issue of warrant for new writ, 600 ; of his appointment of members to issue new writs, 601. George III. ; came down^on first day of Commons choosing Speaker, 154, n.; Parliament opened and Speaker chosen during illness of, 41. 154; secret com- mittee to examine physicians, 387. George IV. ; provisions respecting his signature to commissions, 482. German Emperor ; members uncovered on announcement of death of, 421, n. Good Friday; the Commons have sat on, 180 ; select and private bill com- mittees (Lords) not to sit on, 802. Gordon, Lord George (1780) ; com- munication of his arrest to the house, 114. Gosset. See Howard v. Qosset. Government Business ; motions for, at commencement of business, 243 ; days appointed for, 245; power to arrange government orders, 245. 249 ; special arrangements for, 252 ; two o'clock sit- tings, ib. ; Saturday sittings, ib. ; priority given to government business, 253 ; taken on Tuesdays, Wednesdays, and Fridays, ib. 254 ; power regarding spe- cified orders of the day, 255 ; priority given to a motion, 254. 256 ; bills of non-ofiScial members placed among go- vernment business, 246 ; amendments to^ business of house motions, 256. 282; government contracts, private bills, 708. Orace, Act of. See Pardon. Grand Committees, 371. See Stand- ing Committees. Grants of Supply ; for annual services, estimates for, 517 ; procedure on, 577. Grants (exceptional), procedure on, 524. 593 ; grants (excess), 523 ; debate on, 585. Grants on Account ; estimates for, 518 cause for, ib. ; use of army, &c., surpluses, ib. ; for civil services, 519 amount of, ib. ; caused by a dissolution, 520 ; exceeding amount required, 521 form of resolution for, 578 ; debate on, 585. Grants, Supplementary; estimates for, 522 ; debate on, 585 ; grants moved by a minister of the Crown, 579 ; drawn from the Consolidated Fund, 559. See also Crown and Public Charges ; Supply. Greater or Lesser Sum. See Supply. Greenvidch Hospital ; consideration of financial statement, 564. Grenville Act; committees under, 613. Group Committees, on Private Pills. See Private Bills. Guarantees ; needing royal recommenda- tion, 530 ; not needing it, 537. Habeas Corpus Act; enforceable in oases of parliamentary commitments, 67; peers not privileged against, 116; when Habeas Corpus Act suspended, consent of house to arrest of members, 114. Hale, Lord ; his opinion on seats of lords spiritual in Parliament, 6 ; on the council summoned by William I., 16. Hall, Arthur ; his case, 75. Hastings, Warren ; the impeachment of, referred to, 221, n., 627. " Hear, Hear ; " use of, 327. Hempholme ; stewardship of manor of, 605. Henry IV. ; his recognition of freedom of speech, 93; origin of petitions to Commons during his reign, 494 ; of Commons' right of supply, 554. Henry VI. ; in Parliament, 419 ; modern system of legislation dates from reign of, 434. Henry VIII, ; royal assent by commis- sion, in his reign, 482. 490. High Treason. See Treason. HigliTvays ; powers regarding, vested in County Councils, 665. Hissing ; rules against, 327. Home Office; provisional orders issued by, 651. Honours; bills for restitution of, 435. 809. Hospital, Infectious Diseases; clauses regarding limits of, 769. 806. Houses of Parliament ; chambers used after the fire of 1834 .. 21, n. See also Adjournment of the House ; Commons, House of; Lords, House of; Precincts, &c. Houses of the Labouring Classes ; displacement of, by public works, 705. 768. 806. Housing of the Working Classes Act ; application of (England), 652 ; (Scotland), 673; (Ireland), 674; costs awarded (provisional order bills), 782. Howard v. Gosset; first action, 65; second action, 139. Hybrid Bills ; procedure on, 443. 642. 696. 720; in the Lords, 808; com- pliance with standing orders, 705; evidence printed, 770 ; committee, 786 ; procedure in, 726 ; votes in, ib. ; Lords, 808 ; Commons' privileges not relaxed on, ib. ; liable to fees, 697. 818. INDEX. 875 Impeaclunent ; by the Commons, 50. 625 ; of peers, ib. ; of commoners, 626 ; articles of impeachment, ib. ; subse- quent procedure, 627; the judgment, 628; proceedings not concluded by prorogation or dissolution, ib. ; power of royal pardon, 629. Impleading in Civil Actions; privilege of not being impleaded in civil actions, 100 ; enforced, 102 ; limited by statute, 110. Improvement of Towns. See Lighting, &c., of Towns. Incidental Charges; (public services), 525. Incidental Interruptions to Proceed- ings, 256 ; business resumed thereafter, 257. Inclosure Bills ; general laws to facilitate inclosures, 666; provisional orders for, ib. ; standing orders relating thereto, 767 ; duties of committees respecting, 768. See a]BO Commons Inclosure Act ; Metropolitan Commons. Indemnity; oi vfitnesses before Parlia- ment, 121. 407 ; Witnesses Protection Act, 122. Indemnity Bills ; procedure on, 436. " Indemnity of the Lords and Commons," 1407 ; this statute cited, 554. Indenture; of return of member abolished, 615, n. India; royal recommendation of motion for charge or guarantee on revenues of, 527. 530 ; indirect guarantee, 537 ; application of revenues of, out of India, ib. ; seat of secretary and under-seoretary of state, 609. See also East India Bevenue, &c. Indorsement of Bills ; modes of, 480 ; imperfect, 490. In Tormfi, Pauperis ; a private bill pro- moted in, 819. Informalities in Bills; discovered after second reading, 440 ; after com- mittal, 463 ; after royal assent, 488 ; when royal consent refused, 424. Ingrossnent; of bills, 471. 486. Injunction. See Equity, Courts of. Instructions ; to committees of the whole house, 363 ; regarding bills, 452 ; principle of, ib. ; amendments to, 454 ; for the division or consoUdation of bills, ib., 461 ; to extend the operation of, 454 ; out of order, ib. ; touching a public charge, 455. Notice of instructions and amend- ments, ib. ; debate thereon, 456 ; when moved, ib. ; procedure on, 460 ; effect of rejection of an instruction, 290. 460, Instructions — continued. n. ; no instruction to committee of supply, 571 ; examples of instructions. Appendix, p. 839. Mandatory instructions, 455; to select and private bill committees, ib. ; in- structions to committee of selection, 719 ; to private bill and provisional order committees, 709-715 ; increasing the scope of inquiry, 710 ; not to include questions of pubhc policy, 713; not irrelevant to the bill, 714; in the Lords, 808 ; other forms of instructions, 592. Interest on Calls (Railway Bills) ; payment of, 766. Interests, Personal. See Personal Interest. Interference in !E!lections ; resolutions against, 614. 616. Interruption of Business ; hours of, 208; adjournment of interruptedbusiness, 209 ; transaction of business after mo- ment of, ib. ; formal motions after inter- ruption, 210 ; dilatory motions, lapse, ib. ; interruption on a two o'clock sitting, 211 ; business exempted from inter- ruption, ib. ; questions pending at moment of, 214 ; unopposed business after interruption, 216 ; opposed ditto, ib. ; closure at moment of, 217. See also Incidental Interruptions to Pro- ceedings. Intoxicating Liquors ; bills relating to sale of, on Sundays, in particular counties treated as public bills, 640. Introduction; of peers to the house, 149; of new members returned after general election, 166; dispensed with in Dr. Kenealy's case, 167, n. Ireland ; representative bishops of, prior to 1869.. 6, n.; peers of, 100, under Act of Union, 11 ; power of Crown to add to, ib. ; represented in House of Lords by 28 representative peers, ib. ; judicature of Lords over, 48 ; privileges of peers and peeresses of, 11. 107 ; unless representative peers, may sit in House of Commons, 12. 29 ; but lose privilege of peerage, 12 ; judicature of Lords over seats of representative peers, 48 ; certificate of their election from Clerk of Crown, 150 ; rights of, on trial of peers, 632 ; number of representatives for, 23 ; elective franchise of, 25 ; holders of offices, contractors, and judges, dis- qualified as members, 29. 31 ; Speaker's warrant for election of members directed to Clerk of the Crown and Hanaper in, 601 ; acceptance of office under lord- lieutepant, vacates seat, 604; Irish 876 INDEX. Ireland — c provisional order bills, 673 ; bills im- posing charge on grand jury, 706. 799. See also Light BaUways. Irrelevance or Bepetition in Debate ; standing order on, 300. Italics in Bills ; 460. 529. 705. Items of Supply Grants ; treatment of, in committee, 582. Jamaica ; legislated for by British Par- liament, 37. James I. ; offended at language of Speaker's petition, 57, n. Jews ; formerly unable to take the par- hamentary oath, 158; the Rothschild and Salomons cases, ib. ; disability removed, 159. Joint Addresses; when usual, 427. 623. Joint Committees ; of Lords and Com- mons, rules and subjects of, 398 ; on private bills, 721. Joint Stock Companies ; acts, 649 ; private bills, 797 ; dissentient share- holders, 684. 749. 804. Journals : I. Of loth Houses. — Their formation and nature, 193. 195 ; given in evidence, 196 ; periods over vehich they extend, ib., n. ; entry in, of proceedings of com- mittees of the whole house, 372. II. Lords. — Pubhc records, 196; in- spected by Commons, 293. 792 ; protest expunged from, 352 ; special entries on agreement to Commons' amendments, 478. 546. III. Oommons. — Its claim to be a record, 196; entries expunged, 197; special entries of agreement to Lords' amendments to money bills, 544. Judges; conduct of, not to be reiiected on by a question, 239 ; to be dealt vpith by substantive motion, 264; in debate, 316 ; disqualified from sitting in the Commons, 29 ; summoned as assistants of the House of Lords, 50. 192 ; places of, 193, n. ; of Scotch judges, ib. ; ex- amined by the Commons, 409 ; formerly bearers of messages from Lords to Com- mons, 411, ra. ; duties of, on trial of election petitions, 616 ; regarding estate bills, 810. Judicature of the Lords. See Lords, Souse of; Parliament ; Peers. Judicature Act, 1873 ; and later Acts, 49. Jurors ; members privileged from service as. 111 ; exemption by statute, 112. Justices of tlie Peace ; examined wit- nesses for the Commons, 406. Kenealy, Dr. ; his introduction dispensed with, 167, n. ; ordered to withdraw offensive expressions used in the lobby, Kenyon, Lord ; on claim of House of Lords to be a court of record, 89 ; in Lord Abingdon's case, 98. King (or Queen), The. See Crown. Knaresborough Election (1852) ; treble return for, 615, n. Knights of the Shire ; historical notice of, 15 ; wages of, 21 ; term disused in writs and returns, 13, n. Ladies' Gallery, 200 ; not included in order for withdrawal of strangers, 202. Land Drainage Act. See Drainage. Land Revenues of the Crovrn; dealt with by private bills, 698. Language, Unparliamentary ; punish- ment of, 97 ; treasonable or seditious, not allowed in Parliament, 312 ; members reprimanded or committed, ib. 315. Law and Courts of Justice. See Standing Committees. Law Lords ; vote of, in judicial cases, 340. Leave of Absence, 178 ; motions for, 228 ; leave of the house, how granted, 266. Lefevre, Mr. Shaw; spoke in com- mittee of whole house, 349. Legal Proceedings against Members, &c. ; when a breach of privilege, 83. Letters ; to threaten members, a breach of privilege, 77 ; use of letters in debate, 340, n. ; communicated to the house by the Speaker, 188. Letters Patent Bills; notices and standing orders regarding, 767 ; (Lords), 804. Levels of Eoads ; alterations of, by railways, 760 ; level crossings, ib. ; Lords' standing orders as to, 806. Libels upon the House, or Members ; a breach of privilege, 74. 76. 79 ; must touch the conduct of members in the house, 79 ; against former Parliaments, 76. 88 ; prosecutions by attorney-general ordered, 74 ; punishment for, 91 ; sedi- tious libels, 113. See also Privileges of Parliament, III. Librarian (House of Commons) ; consulted on orders for returns, 509, n. Life Peerage. See Peerage. Light Bailways; (Ireland), provisional orders, 674. Loans; restrictions on railway companies as to, 760. See also Local Govern- ment Board. Loans, Government; contractors for, INDEX. 877 Iioans, Q-ovemment — continued. not disqualified for House of Commons, 31. Lobbies; order in lobby maintained by the Serjeant, 199; jurisdiction of the house over disorder in, 330. Xiocal Authorities; provisional orders, dwellings of the working classes, 652 ; tramways, 656; public health, 659; contagious diseases, animals, 663 ; alkali works, ib. ; parliamentary divisions, ib. ; public health (Scotland), 671. Iiocal or Private Sills ; when public or private, 634 ; originating in Lords or Commons, 793 ; procedure on local bills, in Lords, 794 ; in Commons, 813. See also Private Bills. IiOcal and Personal Acts; defined, 815; to be deemed public Acts, ib. ; given in evidence, 817. Local Government Board; general powers of, 659 ; provisional orders issued by, ib. ; Local Government Board (Ire- land), ditto, ditto, 674; the practice regarding bills or clauses for local taxation, 565; as to borrowing money by local authorities without sanction of, 767 ; (Ireland), sanction of, required to application by local authority for new powers, ib. Locus Standi ; cases of, before Court of Referees, 732 ; rules for their hearing, 733 ; of petitioners against private bills before committees, 734, et seq. ; of land- owners, 734; of traders, 735; qualified interests, 736 ; contingent damage, 737 ; exceptional cases, 739 ; against amalga- mation bills, 742 ; locus standi in cases of Chambers of Commerce, 736 ; of a petitioner against a Lords bill, 741 ; competition, 743. 744; application for a provisional order, 744; running powers, 745 ; steamboats, 746 ; front- agers, ib. ; tramways, ib. ; railways, ib. ; municipal and other local authorities, ib. ; County Councils, 747 ; gas and water consimiers, 748 ; shareholders, ib. ; Lords, 803. London City ; sheriffs, lord mayor, and aldermen of, committed by the house, 63. 64 ; the claim of members for, to sit on treasury bench, 173 ; presentation of petitions from the corporation, 500 ; bills respecting, whether public or private, 634. London County Council ; no questions in house to members of, 237; when bills brought in by, are private or public, 635 ; local authority, 652 ; de- posit of their bills, 683. London, Gazette. See Gazette. London School Board; no questions in house to members of, 237. Long Robe, Gentlemen of the ; ex- planation of term, 86, n. Longer or Shorter Time. See Supply. Lord High Chancellor ; is Speaker of the Lords, 42 ; writs of privilege formerly issued by, 102. See also Speaker, I. Lord High Steward; duties of, at impeachments, &c., 627. 629. Lord-Lieutenant of Ireland. See Ireland. Lord Mayor; of London, examined within the bar, 409 ; of Dublin, presents petitions, 500. See also London City. Lord Privy Seal ; usually manager of a conference, 415. Lords Commissioners; for opening Parliament, 146. 202 ; for giving the royal assent to bills, 481. 483. Lords, House of; the component parts of, 6 ; lords spiritual, ib. ; lords tem- poral, 7; representative peers of Scot- land, 10 ; of Ireland, 11 ; lords spiri- tual and temporal form one body, 13 ; number and classification of, ib. ; the Lords and Commons originally sat to- gether, 18 ; when separated, 20 ; the summons of, by the Crown, 40; the rights and functions of the house, 48 ; the appellate jurisdiction, ib. ; the privileges of the house, 57. 196, et seq. ; their claim to be a court of record, 88 ; proceedings in, on the meeting of Par- liament, 146. 149 ; on prorogations, 202 ; consideration of royal speech, 41. 167 ; call of the house, 175 ; times of meeting, 204 ; order of business, ib. ; quorum, 205 ; days of thanksgiving, &c., 181 ; ceremonial adjournments, 182 ; Ash Wednesday, &c., 183; duties of Speaker, 184; deputy Speaker, 185; assistants of the house, 50. 192 ; chief officers of, 193 ; the minutes and journals, ib. ; Lords' Minutes laid on House of Com- mons table, 312, n. ; presence of strangers, 200 ; orders relating to motions, 265 ; to the conduct of debate, 296. 304. 305. 307. 318; witnesses summoned and examined by, 400. 404 ; in custody of, produced before Commons, 401 ; custody of biUs prior to royal assent, 480. 481 ; position of Lords re- garding public charges, 540; result of that position, 542 ; Commons' privileges infringed by Lords' biUs, ib. ; dealt with by the Commons, ib. ; their acceptance of privileged amendments, 544 ; rejec- tion of such amendments, 546 ; privi- leges relaxed, the Lords deal with rates, &c., 547. 647. 808; Lords' legislation 878 INDEX. Lords, House of^continued. touching charges, 547 ; money bills un- touched by privilege, 549; rejection of money bills by the Lords, 550; tacks to money bills, 552; financial inquiries by, 541 ; bills aflfecting rights of the other house, 434. See also Bishops ; Chairman of Committees (Lords) ; Com- mittees of the whole Bouse, II.; Com- mittees, Select, II.; Ireland; Peers; Petitions ; Scotland, Speaker, I. Lords'' Journals. See Journals, I., II. Iiords Lieutenant of Counties ; not to interfere in elections, 616. Lunacy; elector disqualified by, 27; a disqualification, 291. 600 ; issue of writ thereon by Speaker, 600. Mace ; the Serjeant's authority for arrest, 69. 91 ; Speaker, when attended by, commits persons, 69. 85; history of, 152, n. ; laid on the table when Speaker- elect takes the chair, ib. ; Speaker- elect leaves the house without, ib., 154 ; on table during suspended sittings, 221 ; borne before the Speaker, 187 ; put under table when house in committee, 360; placed on table on disturbance in committee, 367 ; position of the mace during reprimand, &c., of prisoners at the bar, 91 ; dmring examination of witnesses, 408 ; sheriffs of London pre- senting petitions introdxiced with, 500. Magistrates; notice to the house on committal of members by, 114. Magna Charta; illustrates the consti- tution of Parliament, 16 ; assigns forty days between the teste and return of the writ, 40, n. ; recognizes the right of petitioning, 493, n. Managers ; of conferences, 413 ; of im- peachments, 627. Manchester, Bishopric of; arrange- ment on creation of, 7. Manchester Ship Canal Bill, 1883; instruction to the committee, 712. Manners Sutton, Mr. Speaker; speaks in committee of the whole house, 349. Marines ; when acceptance of com- mission does not vacate a seat, 611. Marquess ; origin of the title, 8. Master of the Rolls in England; may not sit in the House of Commons, 29, n. Masters in Chancery ; formerly atten- dants on the Lords, 193, n., 411 ; for- merly receivers of petitions, 493. Mayors, Justices, &e. ; ordered to assist Serjeant in executing a warrant, 64. Meeting of a New Parliament, 146 ; of Lords, 204 ; of Commons, 206. Melville, Lord ; Speaker's casting vote on his impeachment, 345. Members of the House of Commons ; origin of, 13 ; knights of the shire and citizens and burgesses, 15 ; formerly sat with the Lords, 18 ; number of, 21'; wages of, ib. ; classification of, 22 ; property qualification of, abolished, 27 ; qualifications and disqualifications, 27- 34; expulsion of members, 53. 55; suspension of members, 53. 323 ; mem- bers not admissible as bail, 109. Privilege of access to sovereign, 57. 59. 429. 430 ; publication of debates and of committee proceedings, by members, a breach of privilege, 70-72; molestation or libels upon members a breach of privilege, 76 ; or the ofter to them or their acceptance of bribes, 81 ; profes- sional fees of members, 82 ; legal pro- ceedings against members, 83. The privileges of members, 93. 100 ; criminal commitments of members, 112; committed or fined for contempt of court, 113. 119 ; service of legal process on members, 78. 79 ; arrest of, commu- nicated to the house, 113. The oath required of them, 155 ; their position before taking the oath, 153, n. 165 ; cannot present a petition before taking the oath, 501 ; subscrip- tion of the test-roll, 166; new mem- bers introduced and sworn, ib. Their places, and how secured, 173 ; places of members serving on select committees, 174 ; service in Parliament, ib. 178 ; call of the house, 176 ; member first in the return book accounted the senior, ib., n. ; leave of absence, 178. Mode of giving their voices, 272 ; of giving notices, 228 ; introduction of bills, 436; bills of unofficial members, 246. Eules for members speaking, 295, et seq. ; when two rise together, 297 ; pre- cedence to member who moved adjourn- ment of the debate, 298 ; new members, ib. ; questions to other members, 236 ; personal explanations, 303; personal allusions, 317. Eules for members not speaking, 325; disorderly, ordered to withdraw, ib. ; members to withdraw when their con- duct is under debate, 332. 333. 334. 498, n. Duty of members on divisions, 335 ; to canvass votes irregular, 353; personal (pecuniary) interest, ib. 724; interest in a vote not pecuniary, 359 ; members not to be counsel before committees, &c., 82; nor parliamentary agents, ib. INDEX. 879 Members of the House of Commons — continued. 693 ; nor counsel before the Lords, 83 ; may plead in judicial cases before Lords, ib. Duties as members of select and secret committees, 178. 380 ; as wit- nesses, 402; before the Lords, 403; before courts of law, 408 ; uncover when message from Crown is read, 421 ; imprisonment of, messages con- cerning, 114. 422 ; petition from member to be presented by another member, 501 ; duties of members regarding pe- titions, 502; parhamentary papers, 513. When members vacate seats, 29. 595 ; by peerage, 29. 597 ; bankruptcy, 29. 600; by acceptance of office, 29. 603 ; by electoral corruption, 621 ; Chiltern Hun- dreds, 605; when non-vacation arises, 608 ; members returned for two places, 614; double returns, 615; duties of members conducting private bUls, 695 ; on private bill committees, 725, et seq. See also Commons, House of; Debates ; Divisions ; Oaths, I. ; Privileges. Memorials (Private Bills) ; complain- ing of non-compliance with standing orders, 683 ; appearances on, 686. Merchant Shipping Acts ; provisional orders under, 654. Messages : I. From the Crown. — Make a house (Commons), 224; under the sign- manual, 420 ; verbal messages, 422 ; addresses in reply, 427; procedure on messages for pecuniary aid, 524; regard- ing the militia and army reserve, 525. II. Between the two Houses. — Ancient forms of, 411; present form of, 412; when an interruption to debate, 257. III. To the Royal Family ; and com- munications from them, 431. Metropolis; bills relating to the, dealt with as public bills, 634, et seq. See also London County Council. Metropolitan Commons Act; schemes under, 667. Metropolitan Police (Lands) Provi- sional Orders, 653. Military (Lands) Act; provisional orders, the secretary for war, 669. Militia; Parliament to be assembled when, called out, 44; commissions in, not vacating seats, 612; militia esti- mates, 516 ; royal messages regarding, 525. Ministers of the Crown; statement and explanations by, 302; on leaving offices, 303. 351 ; answermg questions, 237. 239 ; not to interfere in elections. Ministers of the Crown — continued. 616 ; influence of ministers in both houses, 416. See also Offices under the Crown. Minors ; not to be voters, 27 ; nor mem- bers of the House of Commons, 28. Minutes of Evidence. See Evidence; Witnesses. Minutes of Proceedings (Lords), 193 ; laid upon the table of the House of Commons, 312, n. ; of select com- mittees, 380; (Commons), of select and private bill committees, ib. 759. 770. See also Votes and Proceedings. Misrepresentation ; of parliamentary proceedings, a breach of privilege, 71 ; personal explanation regarding, 303, et seq. Mitchel, John ; his election set aside, 34, n., 619. Monday ; sittings on, 207 ; interruption of business on, 208 ; adjournment of, 219; from Friday to Monday, 220; motions at commencement of busi- ness, 244 ; course of business on, [245 ; committee of supply on, 572. Money Bills ; not to be amended by Lords, 542 ; returned to the Commons, and presented by the Speaker for the royal assent, 481. See also Lords, Eouse of; Supply, and Ways and Montfort, Simon de ; writs issued by, for summons of Commons, 17. Moravians. See Quahers, &c. Morning Sittings. See Two o'clock Sit- tings ; Wednesday Sittings. Motions; rules as to notices of, in the Lords, 204 ■; in the Commons, 228; extent of notice, 229 ; given by a member in behalf of another, 230 ; com- bination in giving, 231 ; cliange of terms, 232 ; change of day, ib. ; irregular notices, ib. ; priority to government in giviag notice, 230 ; -priority to motions on Tuesdays, 246 ; over orders of the day, 254 ; motions touching the business of the house, 255 ; amendments to, 256 ; motions (private business) postponed if opposed, 226. Formal motions, 210. 235 ; waiver of notice, 233 ; motions of which notice is requisite, 235 ; at commencement of public business, 243. Procedure on motions, 250 ; renewal of, 252 ; precedence to questions of privilege, 258 ; to motions for new writs, 259 ; to votes of thanks, 243 ; motions moved for another member, 250; mo- tions made, 263. 695. 708; a seconder not needed in the Lords, ib. ; to he seconded 880 INDEX. Motions — con tin ued. in the Commons, ib. ; but not in com- mittee, ib. ; motions not seconded, ib. Matters which must be dealt with by motion, 263 ; restrictions 'on motions, 264 ; proposed by the Speaker in words of mover, ib. ; formerly Speaker framed motion, 265 ; proposed by Speaker, ib. ; irregular questions not put from the chair, 232; motions and amendments by leave withdrawn, 266 ; motions with- drawn may be repeated in the same session, 289 ; and motions superseded, ib. Motions for superseding a question, 266-270 ; amendments to motions, 270, et seq. ; a motion may be proposed by an interested member, 358 ; petitions touching intended motions, 499. Rules regarding motions for grants of pubhc money, 527. See also Debates; Dilatory Motions ; Notices of Motions ; Moyle, Mr. Speaker; first petitioner for freedom of speech, 95, n. Mtmicipal Authorities, &e. ; locus standi of, against a private bill, 746 ; cor- porations, provisional orders affecting, 669. Mtmster ; escheator of, abolished, 605, re. 8. M-urray, Mr. (1751) ; his refusal to kneel, 92. Mutiny Bills. See Army Annual BUI. Name Bills ; copies of, not delivered to doorkeepers, 705 ; interval between se- cond reading and committee, 718; not referred to examiners, 813. Naming Members ; by the Speaker, 327, et seq. - jk NaturalizatiSk Bills ; clause disquali- fying from sfervice as member not in- serted in, 28 , procedure on naturali- zation bills, 812 ; second reading of, ib. ; certificate from secretary of state, ib. Navy Services. See Army, &c.; Com- missions. "New Members ; how introduced, 166 ; precedence in debate to, 298. New Writs. See Writs. NewgAte ; persons committed to, 73. 91. 401. Ne-w Question ; proposal of, in debate, 306. Newspapers ; reports by, of parliamen- tary proceedings, 71. 98 ; reporters ex- cluded as strangers, 201 ; proceedings on complaints against, 80. 87 ; publi- cation in, of committee proceedings prior to report, 72. 393; rule as to Newspapers — continued. reading from, 309 ; by members in their places, 326. Nine o'clock Sittings. See Two o'clock Sittings. Notice of Motions ; rule regarding, 228 ; extent of notice, 229 ; affected by adjournments, ib. ; how given, 230 ; ballot for, ib. ; terms of, 231 ; placed upon the notice paper, ib. ; order of, thereon, 247 ; changes in, 232 ; irregu- larities in notices, ib. ; waiver of notice, 233 ; when notice is requisite, 235 ; of motions to rescind a resolution, 287 ; of amendments, 275. Notice Paper of the House ; circu- lation of, 225 ; authority of, 232 ; di- vision lists circulated therewith, 349 ; and petitions, 503. Norman French. ; indorsement of bills in, 480 ; royal assent given in, 483 ; abolished during the Commonwealth, 484 ; used in appointment of receivers and triers of petitions (Lords), 494. Northstead; stewardship of manor of, 605. Notices (Private Bills) : I. Preliminary Notices. — Require- ments of standing orders respecting notices by advertisement, 680. II. During Progress of Bills {G"m- mons). — ^Notice, by examiners, of day appointed for examination of each peti- tion, 684 ; notices of private business, how given, 693 ; if not duly given, 694 ; notices published, ib. ; of second read- ing, 706 ; of examination of No. 2 bill by examiner, 707 ; of bill received from Lords, 813 ; of appointment of members to committees, 717 ; of first sitting of committees, 724 ; if postponed, ib. ; of consideration of each bill in committee, 755 ; of adjournment of committee, 786 ; of consideration of bUl as amended, 788 ; of proposed clause or amendments, 789 ; of meeting of committee on recom- mitment, 790 ; of third reading, ib. ; of motion to suspend standing orders, 791 ; other notices and intervals, 814. III. In the Lords. — Of proceedings before examiners, 795 ; of meeting of Standing Order committee, 796; when work is altered in Parliament, 799 ; of recommittal, 790. Notices; of Amendments, see Amendments ; of Motions, see Motions. Oaths or Affirmations under the Oaths Act, 1888 : I. Taken hy Members. — In the House of Lords, 149 ; in the House of Com- INDEX. 881 Oaths or Affirmations under tlie Oaths Act, IQSQ— continued. mons, 155; form of oath or afBrmation 156 ; effect of, on adjournment of house 207 ; time and manner of taking, ib. 157 ; a matter of privilege, ib., 157 refusal to take oaths, 157 ; case of Mr! O'Connell, ib. ; of Baron Rothschild, 158 ; of Mr. Salomons, ib. ; admission of the Jews, 159 ; of Quakers, &c., ib of Mr. Bradlaugh, 160, et seq. ; penalties in case of omission to take oaths, 164 privileges of members before they are sworn, 165 ; evidence of return prior to administration of oath, 165; new mem- bers sworn, 166 ; and members seated on petition, 167 ; oaths retaken on de- mise of Crown, ib. II. Administration of Oaths in Parliament. — By the Lords, 400. 405. 803 ; by the Commons, 406 ; by private and hybrid bill committees, 770. 786; formerly by referees, 727 ; by joint com- mittees, 399 ; by taxing officers of both houses, 820. See also Coronation Oath ; Witnesses ; Bradlaugh, Mr. O'Brien, Mr. W. Smith ; his refusal to serve, on a committee, 178. 718; his arrest for high treason referred to, 114. 115, n.; petition from, when attainted, 499. Obstruction in Parliament, 323 ; measures for repressing, ib., et seq. See also Suspension of Members. Obstructions in the streets; orders against, 77. 179 ; tumultuous assem- blages near Parliament, ib. ; for pre- sentation of petitions, ib., 495. O'Connell, Mr. ; complaint of expressions used by, 75; his refusal to take the oaths, 157; returned for two places, 615. O'Connor, Mr. Feargus; refused as bail, 109, n. ; his misbehaviour in the house, 329. O'Donnell, Mr. ; motion that he be not heard, 212, n. O'Donovan Eossa ; declared incapable of sitting by resolution of house, 33, n., 619. OfBcers of Parliament ; pri^Hileged from arrest within precincts of the house, 57, n. ; protected in executing the orders of the house, 62. 64. 83; not subject to compulsory retirement, 193, n. ; attend- ance of, as witnesses in the other house, 403 ; Clerk of the Parliaments and other clerks at the table, 193 ; gentleman and yeoman usher of the Black Eod, and Serjeant-at-arms, 194. Of the House of Commons.— Clerk, and clerks-assistant, P. OfiScers of Parliament — continued. 195 ; Serjeant-at-arms, 198 ; not to give evidence elsewhere without leave, 407 ; petitions for attendance of officers as witnesses, ib. ; not to act as parlia- mentary agents, 693. Offices under the Crown ; effect of, on seats in Parliament, 29. 603 ; members accepting, against whose return election petitions were pending, 596; issue of writ on acceptance of office during recess, 600 ; when office does not vacate a seat, 608-612 ; Chiltern Hundreds, &c., 605. O'lioghlen, Sir Bryan ; case of, 604. Opposed Business after half-past Twelve; standing order thereon re- pealed, 208, n. Order, Question of; cannot be raised on a motion for adjournment, 242 ; not a privilege matter, 260; mode of raising, 307 ; to be raised forthwith, 331 ; arising during a division, 295. 338. " Order ; " call to, 307. See also Debates. Order Book (^Commons). See Notice Paper of the House. Order; royal, for issue of a grant, 516. 559. Orders and Regtdations ; laid before Parliament under statute, 514. 678; disapproval of, by address, ib. Orders and Resolutions. See Resolutions ; Standing Orders. Orders of the Day ; defined, 244 ; pro- cedure on reading, 247 ; on private bills, postponed if opposed, 226. 708 ; power of the house over, 248 ; not to be brought to earlier date, 249 ; procedure on, when unread, ib. ; revival of dropped orders, 250 ; of superseded orders, 251 ; of order for committee of supply, 575 ; motions for discharge of orders of the day, 248. 249, n. ; no debate thereon, 444. Orders appointed for commencement of business, 243; days on which orders have precedence, 245; precedence to government orders, ib., 252 ; Tuesdays taken for orders of the day, 254 ; orders of unofficial members placed among government orders, 246 ; unofficial orders after Whitsuntide, 247 ; orders on,Wednesdays, 246 ; government orders on, 254 ; priority to motions over orders of the day, ib. Orders moved without seconder, 263 ; motion for reading, to supersede ques- tions, 266, n. ; petitions presented on reading an order of the day, 227. Ordnance ; lieutenant-generalship of, held not to vacate seat in the house, 611. 3 L 882 INDEX. Owners, Lessees, and Occupiers. See Notices (^Private Bills'). Packet and Telegraphic Contracts. See Contracts. Fains aud Penalties, Acts of; mode of passing, 50. Fairs ; system of, 351. Paper Duties Bill, 1860, 550. Fardon; not pleadable in bar of im- peachment, 629 ; given afterwards, ib. ; bills for a general pardon, 435 ; cannot be amended by Parliament, 436 ; royal assent thereto, 484 ; want of, disqualifi- cation of convicted felon for seat in Parliament, 34, n. Parishes ; readjustment or division, pro- visional orders, 662. Parks. See Public Parks. Parliament; constitution of, tiaceable to the free Saxon councils, 1 ; constituent parts of, 2-18 ; the Crown, 2 ; the House of Lords, 6 ; the Commons, 13 ; the three estates of, originally sat to- gether, 18 ; when separated, 20 ; chambers used after the fire, 21, w. Legislative authority of Parliament, 36 ; prerogatives of Crown in reference to, 38 ; summons from Crown, 40. 195 ; occasions of meeting without, 40. 42 ; days for which usually summoned, 146, «.; annual meeting of, 38; meeting of, on demise of Crown, 40; causes of summons declared, 41. 167 ; considered by both houses, 41. 170; tumultuous assemblages near, 179; presentation of petitions, ib., 495. Prorogation of Parliament, 40. 202 ; assembled by proclamation, 43; ad- journment solely in power of each house, 45; adjournments at the plea- sure of the Crown, ib. ; power of the Crown over adjournments, pursuant to statute, 45; expiration of Parliament under the Septennial Act, 4& ; dissolu- tion by proclamation, ib.; by kini< in person, 47 ; assembly of Parliament after a dissolution, ib. ; grants on account thereon, 520. Judicature of Parliament in Acts of attainder, &c., and in impeachments, 60. 625 ; privileges thereof, 57, et seq. ; proceedings of, how regulated, 144, et seq. ; proceedings upon its first meeting, 146 ; exceptional course in opening of, 147 ; service of Parliament, 174 ; at- tendance at divine service, 181 ; sove- reign supposed to be present in, 419 ; communicated with by sovereign or royal family, 420 ; statements to Parlia- ment not actionable, 126; but admis- Farliament — continued. sible in evidence, ib. ; officers of Parha- ment, 193. See also Commons, House of; Lords, House of, etc., Precincts of. Parliamentary Agents ; (Commons), members not to practise as, 82. 693 ; nor officers of the house, 693 ; rules regarding, 691 ; change of agent, 692 ; responsible for the payment of fees, ib., 818 ; privileged from arrest, 121. Parliamentary Divisions ; provisional orders, 663. Parliamentary Papers. See Accounts and Papers. Parliamentary Papers Committee, 512. Pamell, Mr. ; named and suspended, 328. Parochial Belief; persons in receipt of, incapable of voting, 27. Patents. See Letters Patent. Pease, Mr. ; allowed to affirm, 159. Pecuniary Interest. See Personal In- ■ terest. Pecuniary Penalties and Pees ; relax- ation of Commons' privileges, 547. 647. Peel, Sir Eobei-t; breach of privilege against, 77; house adjourns on death of, 182; motion against him expunged from votes, 197 ; opinion as to reading extracts from newspapers, 310 ; use of Queen's name by, 314. Peerage ; list of, on roll of House of Lords, 10 ; dormant peerages, laws re- lating to, ib. ; life peerages, 12 ; vacancies in the House of Commons by, 597. Peeresses ; privileges of, 107 ; forfeited when peeresses intermarry with com- moners, ib. See also Peers. Peers ; created, and formerly summoned to Parliament, by the Crown, 6; de- grees of rank, 7 ; representative peers of Scotland, 10 ; of Ireland, 11 ; not to sit until of age, 12 ; titles of temporal peers hereditary, ib. ; number and classi- fication of peers, 13 ; English and Scotch peers ineligible to Commons, 29 ; Irish peers who may sit for places in Great Britain, 12. 29. Rights and functions of peers, 48; peers becoming bankrupts, disqualified from sitting and voting, 33 ; privileges of, 57. 106 ; privileges of peers of fie- land and Scotland, 11. 107. 632. Introduction of peers to house, 149 ; their places in the house, 172 ; service of Parliament, 174; summoned to at- tend, 175; ancient privilege of voting by proxy, 350 ; votes of peers in judicial cases, 340. INDEX. 883 Peers — continued. Mode of conducting the proceedings of the house, 145. 204. 263; and debates, '295 ; the right of explanation, 304; words of heat between peers, 305. 318 ; conduct in the house, 326 ; divisions, 273. 339 ; protests,-351 ; per- sonal interest, 353 ; attendance as wit- nesses before the Lords, 400. 404 ; before the Commons, 402. 409 ; duties of peers on select committees, 379 ; presentation of bills by peers, 436 ; of petitions, 502 ; resolutions of Commons, as to interfer- ence of peers in elections, 616 ; im- peachments, 625 ; trials and indictment of peers, 629 ; peers not to be concerned in the levy of tolls, 707. See also Bishops ; Divisions ; Lords, House of; Proxies. Pelham, H. (1647) ; his appointment as Speaker of the Commons, approved by the House of Lords, 154. Penalties. See Pecuniary Penalties, &c. Pensions; when a parliamentary dis- qualification, 30. Perjury. See Witnesses. Personal Allusions ; in debate, 317. Personal Bills ; which so termed, 809 ; to be delivered to persons concerned, ib. Personal Explanation; by ministers, 302. 304; by other members, 303; in the Lords, 304. Personal Interest ; circulars to canvass votes improper, 353 ; votes of peers and members interested in public matters, 353 ; when case arises in committee, 355 ; in private bills, ib. ; in private bill committees, 357. 724; in a standing committee, 374; in select committees, 382; Speaker's and chairman's rulings regarding personal interest, 354, n. ; interest not pecuniarily in a vote, 359 ; member or peer personally interested, discharged from attendance on a private bin committee, 725. 886 ; declaration of members respecting, 724. Persons, Papers, and Kecords ; Com- mons' committees authorized to send for, 384 ; and for papers only, ib. ; prac- tice thereon in private bill committees, 784 ; Lords' committees, 380. Petitions (Private Pills). See Private Bills. Petitions, Public ; right of petitioning, 493 ; ancient mode of petitioning, ib. ; receivers and friers, ib. ; commencement of modern system, 494 ; law prohibiting the presentation of, by more than ten persons, 495 ; or the consideration of, by persons in proximity to Parliament, ib. ; procedure on petitions praying for public Petitions, Public — continued. money, &c., 531 ; form of, 495 ; to a previous Parliament not received, ib. n. ; nor on first day of session, 501 ; nor re- monstrances, &c., 496 ; nor unless con- cluding with a prayer, ib. ; cannot be presented by member before • being sworn 501 ; rules regarding signature, &c., 496 ; forgery or fraud, 497 ; a breach of privilege, 73. 497 ; should be respectful in language, 497 ; may oppose taxes, 499 ; proceedings on irregular petitions, 498 ; from persons attainted, 499 ; from abroad, 500 ; presentation of petitions, 227. 500. 502; member to affix his name thereto, 500; from the corporation of London or Dublin, ib. ; from a member, to be presented by another, 501 ; transmission by post, ib. ; members responsible for petitions they present, 502 ; legal proceedings for non- presentation of petitions, 83 ; presenta- tion and discussion of, in the Lords, 502 ; in the Commons, 503; petitions com- plaining of personal grievance, ib. ; petitions read by the Clerk, 504 ; peti- tions complaining of a breach of privi- lege set down for consideration, ib. ; dealt with by committee on public petitions, 505 ; printed with the votes, ib. ; reprinted, 506. See Additional Provision, Petitions for. Piers and Harbour Acts; provisional orders under, 654. Pitt, Mr. ; amendment of question con- cerning, 270; rose together with Mr. Fox, 297 ; resolution (1784) respecting the supplies during his ministry, 521, n. ; first lord of the treasury and chancellor of the exchequer at same time, 610. Places of Members : I. Lords. — To sit in the order pre- scribed by Act, 172 ; places of, ib. ; rules in going to and leaving, 325. II. Commons. — Treasury and opposi- tion benches, 173 ; members for the city of London, ib. ; places retained by members thanked by the house, ib. ; secured at prayers, ib. ; by members serving on select committees,- 174 ; rules in going to and leaving, 325. Plans, Sections, Cross-sections, and Sooks of Reference ; orders respect- ing, 689 ; plans, &c., to be signed by chairman of committee, 783. Pleasure of the House; how signified, 266. Plimsoll, Mr. ; case of, 80. Police and Municipal Administra- tion (Scotland) ; provisional order?, 672. 884 INDEX. Police and Sanitary Begulations Bills ; referred to a special committee, 721 ; to be specially reported on, 767 ; preamble of, 773, n. Police (England) ; pensions, &c., pro- visional orders, 653; ditto (Scotland), 672. Poor Law Bills ; originating in the Commons, 542 ; in the Lords, 548, n. Post ; transmission of parliamentary papers by, 513. Post Office (Land Act) ; provisional orders under, 669. Postmaster - General ; acceptance of office of, 609 ; his powers regarding post office and telegraphic accommo- dation, 669. 670. Prayers ; in the Lords, 149 ; in the Com- mons, 156 ; origin of present form, ib., n. ; when iirst said in each house on opening of Parliament, 167 ; places secured at, 173 ; house counted after, 223 ; notice of, to select and private bill committees, 390. Preachers ; before the houses, appoint- ment of, 181. Preambles of Bills : I. Of Public Bills. — Considered in committee, 456. 462 ; consideration of, on report, 853. II. Of Private Bills. — First proved, 773 ; petitioners against, heard, 741. 773 ; proceedings on, 774 ; not proved, 778 ; the biUs recommitted, ib. ; alterations in, to be specially reported, 780. Precedence ; of peers, rules and orders as to, 5. 6. 172 ; to bills and motions at commencement of public business, 243 ; to notices of motions or orders of the day, 253 ; to questions of privilege, 258 ; to a vote of thanks, ib. Precincts of Parliament; service of legal process in, 78; exclusion from, 332 ; if criminal act committed in, 134, n.\. Preference Shares (Hail-way Bills) ; standing orders as to, 762. 764 ; locus standi of preference shareholders, 749. Preliminary Inquiries Act ; require- ments of, 681. 723.. Preliminary Objections ; (private bills), before the examiner, 688 ; before committee, 772. Prerogative ; taxes by, ceased at Revolu- tion (1688), 4, n., 554. Presbyterian Church of Scotland; sovereign bound to maintain, 5. Prevarication; by witnesses punished, 78. Previous Question, the; forms of. Lords and Commons, 268 ; limitations Previous Question, the — continued. on its use, 269 ; cannot be amended, 270 ; used on stages of bills, 269 ; put on main question as amended, ib. ; cannot be moved on an amendment, ib. ; nor in any committee, 270; no reply to mover of, 305. Printed Papers. See Stockdale v. Ean- sard. Printing ; of aocoimts and papers, 512 ; of petitions, 503. 505 ; parliamentary papers committee, 512 ; of public bills, 440 ; reprinted, 466 ; of private bUls (Commons), 704 ; as amended by committee, 786 ; also clauses or amend- ments on consideration, 789 ; (Lords), reprint of amended bills, 808 ; proposed amendments to be printed, ib. ; of public and private Acts, 486. 816. Prisons, Keepers of; to bring up wit- nesses in their custody, 400. Private BUI Office. See Private Bills. Private Bills : I. Qenerally. — Order of private busi- ness in the house, 226. 694 ; regarding opposed business, 226. 694. 708 ; origin of, 434. 643 ; distinction between public and private bills, 634. 641 ; and hybrid bills, 635 ; private bills involving con- siderations of public policy, 634 ; pro- moted by the London County Council, containing powers to raise money, 636 ; affecting public monuments, 639 ; re- ligious communities, 640; public ad- ministration, ib. ; private bill not to be taken up as a public bill after its intro- duction, 642 ; public Acts repealed by, ib. ; functions of Parliament in passing bills, 644. 645 ; bill abandoned by pro- moters, 645; interference by courts of equity, ib. ; suitors compelled to apply for a bill, 646 ; originated chiefly with the Commons, 647. 793 ; practice altered by power given to Lords to legislate on tolls and charges in, 647 ; power of transfer- ring a bill from Commons to Lords, 648 ; instances of general laws that supersede private bill, 649 ; personal interest of members in private bills, 357. 717. ib., n. 1, 724. 726 ; discharged from attend- ance on committees, 358. 725; bills suspended and proceeded with in an- other session, 690 ; no biU to pass"through more than one stage in a day, 791 ; notice to suspend standing orders, ib. ; Wharncliffe order, 706. 796; Eegis- ters (Commons), of petitions, 682 ; of parliamentary agents, 693 ; of private business, 695 ; of proceedings on bills, ib. II. Preliminary Gonditions. — Classifi- cation of private bills under standing INDEX. 885 Private Bills — continued. orders, 679 ; requirements of the stand- ing orders, 680; as to London County Council, 683 ; the preparation of hills, 681 ; Consolidation Acts, ib. ; Pre- liminary Inquiries Act, ib. 723; proof of compliance with orders, ib. III. Proceedings hefore Examiners for both Houses. — Their functions and powers, 682; as to hybrid biHs, 696. 705 ; additional provision, 697. 701 ; alteration of work authorized by bOl after its introduction in Parliament, ib. ; as to provisional order bills, 697. 705 ; under Wharnchffe order, 706. 796; Lords' biUs, 706. 794, et seq., 813 ; other bills refen-ed to examiner, No. 2 bill, 707 ; read second time by mistake, 709 ; upon amendments in committee, 787 ; petitions set down for hearing before, distinguish- ing opposed and unopposed, 684 ; notice of examination, ib. ; daily lists of petitions, 685; petitions struck off the hstjib.; rein- serted, ib. ; statement of proofs, ib. 795; appearances on memorials, 686 ; formal proofs, ib. ; by affidavit, ib. ; unopposed cases, ib. ; indorsement of petition and report respecting compliance, ib., 690. 795 ; opposed cases, 686 ; rules regarding evidence and hearing of opposed cases, 687 ; questions of merits excluded, 680. IV. Proceedings of the Commons. — Progress of private bills, 691 ; notices of private business, how given, 693 ; time and order of private business, 226. 694 ; what to be deemed private business, ib. ; resolutions for amendment of standing orders and matters indirectly connected with private business, ib. ; order of pro- ceeding in the house, ib. ; conduct of bills by members, 695; use of their names on presentation of bill, 704; motions for private business, 695 ; entries and register of proceedings, ib. ; if any stage of bill in the house be opposed, consideration postponed tUl next sitting, 694. 708. Petitions for BiUs. — Deposit of, 634. 682 ; how dealt with by examiners, 682 ; list of, ib. ; petitions struck off, 685 ; pre- sented, 695 ; recommendation of Crown to be signified, ib. ; when standing orders not complied with, 696; with- drawn and other petitions presented, ib. ; bills introduced upon petition, ib. ; exceptions : hybrid bills, ib. ; provisional order bills, 697 ; urgent bills, 704. Peti- tions for additional provision, 697. 778 ; considered in committee of the whole house, 698 ; bill recommitted to make Private Bills — continued. provision out of revenues of Crown, ib. ; petitions for leave to deposit petitions for bins, 703. Standing Orders Committee. — Consti- tution and duties of, 699. 787. (Lords), 796 ; reports of, 700 ; overruled, 702 ; amendments on consideration of bill referred, 789. Bill presented, 704 ; irregularities therein, ib. ; rates, tolls, &c., in italics, 705 ; first reading according to list, ib. ; copies delivered at the Vote Office, ib. ; separate list for provisional order bills, ib. ; provisional order bills not to be read a first time after June 1st, ib. ; provisional order biUs and hybrid bills after first reading referred to examiner, ib. ; bills containing certain provisions, and Lords' bills after first reading re- referred to examiner, 706 ; Wharncliffe order, ib. ; proceedings before second reading, ib. ; bUl examined in Private Bill Office, ib. ; withdrawn, if informal, and new bill (No. 2), presented, 707; peers' names to be struck out of bills, ib. ; biU in violation of the standing orders, ib. Second Beading. — Proceedings there- on, 708 ; if opposed, consideration post- poned till next sitting, ib . ; standing order as to Government contracts, ib. Commitment. — To the committee of selection, 709 ; instructions to, 719 ; to the general committee on railway and canal bills, 709 ; of provisional order bills, ib. ; instructions to committees, ib. ; constitution and duties of committee of selection, and of general committee on railway and canal bills, 715 ; con- stitution of committees on private bills, 716 ; of " hybrid committees," 719. 726 ; on road bills, 717 ; on unopposed bills, 716. 755. 756 ; treated as opposed, 755. 757 ; on opposed bills, 717 ; duties of selected members, ib. 725 ; their declara- tion, 724; one member substituted for another, 718; interval between secoi)d reading and committee, ib.; first sit- ting of committee fixed, 719; postponed, 724; joint committee of Lords and Commons on railway and canal bills, 721 ; duties of chairman of ways and means, and Speaker's counsel, ib. ; and of chairman of Lords' committees, 722 ; house in which bills are to be first con- sidered, ib. ; amendments before sitting of committee, ib. ; Umits to, 723 ; super- vision by public departments, 722 ; de- posit of filled-up bill, 724. Referees. — Changes effected by consti- 886 INDEX. Private Bills — continued. tion of, 726 ; their number, ib. ; stand- ing orders relative to, 732; decisions, 734, et seq. ; rules as to hearing counsel, 733 ; their duties as first established, and afterwards, 726; associated with committees, 727 ; not to vote, 728 ; form separate court for determining cases of locus standi, 732 ; locus standi of land- owners, 734; of traders, 735; of chambers of commerce, ib. ; qualified interests, 736 ; contingent damage, 737 ; excep- tional cases, 739 ; bill opposed in both houses, 740 ; clauses being discussed in one house not precluding opposition to preamble in the other, 741 ; abstraction of water, ib. ; amalgamation, 742 ; com- petition, ib. ; when not a ground of locus standi, 744 ; running powers, 745 ; steam- boats, 746 ; tramways, ib. ; of railway companies by standing order No. 133, 746 ; limited and unlimited, lb., n. 3 ; rules for hearing such cases, 733 ; disal- lowed in case of no appearance, ib. ; alle- gations admitted, ib. ; what constitutes a locus standi, 734, et seq. ; disallowed in case of opposition being withdrawn in Lords, 740 ; standing orders as to hear- ingmunicipal authorities, &c., and county councils, 746. 747 ; as to hearing local authorities and county councils against water and lighting bills, 747 ; what evi- dence necessary, ib. ; consumers of gas and water, 748; locus standi of share- holders, ib. ; dissentient and preference shareholders, 749 ; cases of refusal to be heard, 744. 750, et seq. ; will not inquire into genuineness of signatures or legality of the common seal, 753; authority to sign, ib. Petitions/or and against Private Sills. — Presented, 728 ; withdrawn, ib. ; against bill, stand referred, ib. ; order as to printing petitions at expense of petitioners, 754; death of petitioners, 729 ; appearances on petitions, ib. ; rules as to hearing petitioners, 730 ; part of petitionomitted, ib. ; petitions depo- sited after 'time, ib. ; special reference of, ib. ; aU heai'd, jurisdiction of referees superseded, ib. ; grounds of objection to be specified, 731. 753 ; in favour, 731 ; names withdrawn from, 754; against preamble, 734, 754 ; respecting clauses, ib. 776; informaUties in, 752; forged signatures to, 497. 753. Proceedings of Committees on Unop- posed Bills. — Special rules and orders, 756 ; fiUed-up bill to be delivered, 722. 756; duties of the committee, 757; treated as an opposed bill, ib. 755. Private Bills — continued. Proceedings of Committees, Opposed or Unopposed Bills. — Quorum of private bill committees, 725. 756. 781, n. ; on recommitted bill, 790 ; proceedings sus- pended if quorum not present, 725 ; members absent reported, ib. ; excused, &c., ib. ; if quorum or chairman cannot attend, ib. ; opposed bills treated as un- opposed, 755; imopposed as opposed, ib. 757 ; order in which bills are con- sidered, 755 ; copies of, to be laid before members, 756 ; questions decided by majority, 726 ; casting voice of chairman, ib. ; of chairman of hybrid committee, ib. ; hybrid committees, 719. 726. 731 ; provisions to be inserted in bills, 756 ; orders to committees, 757 ; instructions, 709, et seq. ; not empowered to send for persons, papers, or records, 784 ; reports from pubUc departments and documents referred, 757. 758 ; names of members entered on minutes, ib. ; what standing orders to be inquired into, ib. ; proof of compliance by affidavit, 759 ; special duties regarding railway bills, 759, et seq.; clauses in railway bills, 764; tramways biU by local authorities, 763 ; agreement to be scheduled, 767 ; local government, ib. ; local government (Ireland), ib.; police and sanitary com- mittee, ib. ; letters patent, ib. ; inclosure and drainage, ib. ; houses of the labour- ing classes, 768 ; compensation water, 769 ; turnpike roads (Ireland), ib. ; gas works, sewage works, burial-grounds, &o., limits of, ib. ; gas and water auction clauses, ib. ; committees controlled by chairman of ways and means, and by the house, 721 . 756 ; committees revived, 786 ; proceedings upon bills brought down from the Lords, 791 ; power of a committee over a bill, 568, n. Proceedings of Committees on Opposed Bills. — Their general proceedings, 769. 770 ; on hybrid bills, 786 ; parties ap- pear, 770; when there is no appear- ance, 771 ; appearance by solicitors, ib. ; witnesses examined upon oath, 770 ; summoned, 784 ; evidence printed, 770; room, when open, ib. ; case opened, 722; proof of preamble, ib.; preliminary objections, ib. ; when petitioners entitled to be heard, 773 ; locus standi of peti- tioners, 774. 732, et seq. ; proceedings on preamble, 774. 776 ; examination of witnesses by same counsel, 775 ; prac- tice in deciding upon competing bills, 776 ; clauses considered, ib. ; opposed, ib. ; clauses proposed by public depart- ments, 777 ; what clauses admissible. INDEX. 887 Private Bills — continued. additional provision, 778; preamble not proved, ib. ; recommittal of bill to reconsider decision of committee, ib. ; on opposed provisional order bills, 780 ; on unopposed, ib. ; amendments in pro- visional orders, ib. ; costs awarded, 781. Reports of Committees. — Preamble not proved, 778 ; or altered, 780 ; duty of committees to report bills, 782. 785 ; special reports, 783 ; of evidence, 784 ; that witness had been guilty of perjury, ib. ; that parties do not proceed, 785 ; on adjournment of committees, and no- tice to Private Bill Office, 786; com- mittee bill sent to Private Bill Office, ib. ; amended bill to be printed and deli- vered to the Vote Office, ib. ; bills with- drawn or referred to examiner after report, i787; report to lie upon the table, 788 ; what reports printed, ib. ; interval between report and considera- tion of bill, ib. ; notice of, ib. ; bill or clauses to be laid before chairman of ways and means, ib. 789 ; referred to standing orders committee, ib. ; clauses or amendments on considera- tion of biU, ib. ; recommitment, 790 ; notice of committee, ib. ; entry of amendments in biU, ib. Third Reading. — Notice of, given, 790 ; third reading, 791 ; verbal amend- ments only to be made, and notice thereof, ib. ; Queen's consent, ib. ; and of Prince of Wales as Duke of Corn- wall, ib. ; certificate of examination, ib. ; Lords' amendments, ib. ; referred to committee, 792 ; committee to search Lords' Journals, ib. V. Proceedings in the Lords, on Private Bills. — Two classes of bills, local, and personal, 793 ; submitted to chairman of Lords' committees, &c., while pending in Commons, 794 ; local biHs presented, ib. ; examiners, their duties, ib. ; standing orders committee, 796. Standing Orders of the Lords. — The Whamoliffe order, 796 ; proof required of consent of company to subscriptions to another company, 798 ; proprietors, &c., dissenting at meetings heard by examiner, ib. ; bills submitted to grand jury, &c., in Ireland, 799 ; consent of directors, &c., to bill, ib. ; alteration of works under standing order No. 61, ib.; proof of deposit of certain bills with Government departments, ib. ; petitions against bills presented, 800 ; time for lirst and second reading of bills, ib. ; bills from the Commons and Private Bills — continued. provisional order bills not to be read a second time till after certificate of ex- aminer, or after a day in June fixed by sessional order, ib. ; petitions against bills, ib. ; petitions for additional pro- vision, ib. ; scheduled agreement sub- ject to alteration, 801 ; amalgamation bills, ib. ; second reading and commit- ment, ib. ; unopposed bills referred, lb. ; when treated as opposed, 802 ; committees on opposed bits, ib. ; com- mittee of selection, ib. ; sittings and proceedings of committees on bills, ib. ; opposition withdrawn, 803; witnesses, ib. ; petitioners heard, ib. ; biH reported, ib. ; locus standi, ib. ; dissentient share- holders, &c., and chambers of com- merce heard, 804; special standing orders to be enforced, ib. ; as to letters patent bills, ib. ; houses of labouring classes and recreation grounds, 806 ; as to cemetery bills, ib. ; limits of cemetery, gas works, &c., ib. ; as to railway bills, ib. ; clause as to private railway, 807; recommitment of bills, ib. ; to committee of the whole house, ib. ; amended railway, &c., biUs de- posited at Board of Trade, ib. ; amended bills reprinted, ib. ; amendments on report and third reading, ib. ; subse- quent proceedings, 808 ; provisional order bills, ib. ; hybrid bills, ib. ; in- structions to committees, ib. VI. Personal Bills originating in the Lords. — Petitions for bills, 809 ; bills for restitution of honours, ib. ; estate bills, Enghsh, Scotch, and Irish, 810 ; notice to mortgagees, ib. ; committee on, and petitions against, estate bUls, 811; special report on estate bills, 814; second reading, 812 ; petitions against, 813; reference to examiners, ib. ; com- mitment, &c., in the Commons, 814 ; death of petitioner, 815. Divorce Bills ; applied for by parties beyond the jurisdiction of the Divorce and Matrimonial Causes Act, 811 ; second reading of, 812 ; depositions in India, ib. ; warrant for, ib. ; bills com- mitted, 813; in the Commons, 814; death of petitioner for bill, 815. ' Naturalization Bills; second reading of, 812 ; Queen's consent to be signified previous to, ib. Peerage Bills; petitions against second reading of, 813. Lords^ Private Bills in the Commons. — Subject to same rules as other bUls, 813 ; proceedings stated, ib. VII. Local, Personal, and Private 888 INDEX. Private Bills — continued. Acts of Parliament. — Classification of, 816; given in evidence, ib., et seq. VIII. Fees Payable on Private Bills. — Classes of bills subject to, 818 ; ex- emptions from, ib. ; collected and ap- plied, ib. ; remitted, 819. IX. Taxation of Costs. — System of, 819 ; awarded in certain cases, 781 ; taxing officers, 820 ; lists of charges, ib. ; applications for taxation, ib. ; cer- tificate of taxation, 821. Privileges of Parliament : I. Oeneral View thereof. — Title of Parliament thereto, 57; claim of the Commons for, ib., 152; claim of privi- leges for estates omitted, 57, n. ; favour- able construction of Commons' proceed- ings not a privilege, 59 ; definition of the law and custom of Parliament, 60 ; new privileges may not be created, 61 ; claim of House of Lords to be a court of record, 89; of House of Commons, 90. II. Privileges of each Souse collec- tively. — How enjoyed, 60; freedom of access to sovereign, 58. 430 ; power of commitment, 61 ; by the Speaker, 85 ; authority and protection of officers in executing orders of either house, 62. 83 ; power to order attendance, 62 ; assistance of the civil power, 64 ; powf r to break open doors, 65 ; commitment beyond inquiry by courts of law, 66 ; need not be stated, 68; habeas corpus enforceable, 67 ; such prisoners cannot be bailed, ib. ; persons sent for in cus- tody, 68 ; arrests without warrant, 69 ; by the Lords, ib. III. Breaches of Privilege. — Defined, 69; considered, 258. 262; disobedience to orders, 70; publication of debates, 70-73 ; of proceedings before com- mittees, 72. 393 ; by witnesses, 72 ; hbels upon the house, 73 ; prosecutions by the attorney-general, 74; assaults, insults, or libels upon members, 76 ; on mem- bers of select committees, 81 ; offer or acceptance of bribes, ib. ; members not to act as counsel or agents in parlia- mentary business, 82 ; nor to accept fees, ib. ; interference with officers, 83 ; legal procedure against members, &c., when a breach of privilege, ib. ; tamper- ing with witnesses, 84; answers to in- criminating questions, ib. ; inquiry into breaches of privilege, 85 ; by committee of privileges, 85. 372 ; by select commit- tees, 86. 383 ; action on reports of, ib. ; complaints of newspapers, 87; frivo- lous complaints, 85 ; offences committed Privileges of Parliament — continued. in a former session or Parliamentj 88 ; false evidence a breach of privilege, 84 ; also fraud connected with petitions, 497. IV. Punishments inflicted hy the two Bouses. — In former times, 76; present modes of, 89. 91 ; differences in the punishment inflicted by the two houses, 88 ; reprimand and admonition, 91 ; payment of fees, 92 ; conclusion of im- prisonment (Lords), 89 ; (Commons), 92 ; prisoneiB formerly sentenced kneel- ing, ib. V. Privileges attaching to Members of hath Houses, and others. — Freedom of speech, 93; from arrest or moles- tation, 100 ; servants' privileges dis- continued, 57, n., 105; of not being impleaded in civil actions, 109 ; being summoned as a juror. 111; privilege regarding subpoenas not now enforced, ib. ; privileges of members before they are sworn, 164 ; privilege not extended to criminal matters, 112; or to com- mitments for contempt, 116; causes of commitment communicated, 114 ; privi- lege of witnesses and others in attend- ance on Parhament, 121 ; of counsel, 125 ; statements to Parliament and re- ports of proceedings, privileged, 72. 126 ; in certain cases not privileged, 97. VI. Jurisdiction of Courts of Law in Matters of Privilege. — ^Principles and cases, 128, et seq. ; present position of privilege, 142; remedy by statute pro- posed, 143. VII. Debate, &c., on Questions of Pri- vilege. — Privilege, procedure in matters of, 235. 258 ; motions entertained forth- with, ib. ; position of privilege motions on notice paper, 262 ; cannot be raised on a motion for adjournment, 242; claim of privilege overruled, ib. ; ques- tion of order not a matter of privilege, 260; precedence to motion for new writ, as a question of privilege, 259. See also Arrest, Freedom from; Bribes; Com/mitment; Contempt of Court; Courts of Lavi ; Freedom of Speech ; Habeas Corpus ; Impleading in Civil Actions; Proceedings in Parliament; Witnesses, &c. ; Writs of Privilege. Privy Council; class of appeal cases tried before, 50 ; powers of, regarding public health, transferred to local go- vernment board, 659; settles schemes for municipal corporations, 669. Privy Conncillors; addresses of the Commons presented by, 171. 428 ; con- sent of Crown, &c., given by, 423 ; also INDEX. 889 Privy Councillors — continued. royal reoommenciation, 528 ; bench of, House of Commons, 173. Proceedings in Parliament; favour- able construction of, by Crown, claimed by Commons, 59 ; publication of, 71 ; protected from law of libel, 72 ; wilful misrepresentation of, 71. 87 ; not to be questioned elsewhere, 97. See also Debates; Motions; Minutes of Pro- ceedings; Votes and Proceedings. Proclamations ; Parliament assembled by, 43; prorogued by, except at close of session, 42 ; prior to prorogation, &o., 44; length of notice prior to meeting for dispatch of business, ib. ; for disso- lution of Parliament, 46 ; addresses for, in case of absconding witnesses, 401 ; procedure thereon, 539. Progress ; report of, from committees of the whole house, 368. 464; of supply, 579 ; when motion for lapses, 268 ; is not put, 301. Proofs (Private Bills) ; compliance, standing orders. See Private Bills, III. Property Qualification. See Qualifica- tion. Prorogation of Parliament ; provision in case of demise of Crown during, 40 ; how accomplished, 44; proclamation alone prorogues Parliament, save at close of session, 42 ; prorogation to renew biUs, 43. 294 ; effect of, upon the pro- ceedings of Parliament, 43 ; upon orders for accounts and papers, 510 ; upon orders, &c., laid before Parliament, 514 ; upon imprisonment by Parliament, 89. 92 ; prorogation before passing an ap- propriation Act, irregular, 521 ; an im- peachment not concluded by, 43. 628 ; nor a divorce bill in certain cases, 43, n. ; nor an appeal case, 49 ; procedure on, regarding private bills, 690. Protection of Person and Property- Act (1881) ; arrest of member under, to be communicated to the house, 114. Protests (Lords) ; rules concerning, 351. Provisional Certificates; granted by board of trade, 654. See also Railways. Provisional Orders ; confirmation bills, procedure on, 227. 471. 650. 697. 705; commitment of, 709 ; petitions against, 728 ; locus standi, IM; bills in the Lords, 795. 800. 802. 808. 813; exempt from fees, 651 ; departments that issue orders, ib. ; instruction to divide an order into two, 715 ; committees on, 780 ; amend- ments in biU, or order, ib. ; costs awarded, 782. 821. Proxies (Lords) ; privilege of service by proxy discontinued, 350. Public Accounts ; committee of, 36. Public Acts ; repeal of, by private bills, 642 ; prior to 1798 .. 643 ; local and per- sonal Acts to be deemed such, 815 ; of local character, transferred to local and personal Acts, 816. See also Bills. Public Bill Office ; certifies return of member, 165; prepares public bills for presentation, 440 ; duty of, regarding drafts on the Consolidated Fund, 559, n. Public Business ; exempted business, 21 1 ; arrangement of, 225 ; motions at commencement of, 243 ; moment of commencement of, 243 ; ordinary course of, 244 ; priority given to govern- ment business, 253 ; business after mo- ment of interruption, 209 ; formal mo- tions for transaction of, 235 ; closure of, 211. Public Charges ; needing no recom- mendation from the Crown, 535. 565. 567 ; addresses and bills recommending expenditure, 538; select committee re- port, 540 ; procedure on bills for reduc- tion of, 540. 567. See also Crown, Control of, over Expenditure; Recom- mendation of; Supply, and Ways and Means ; Taxation ; Lords. Public Education. See Education. Public Health. Act ; provisional orders granted under, 659. Public Health (Scotland) ; provisional orders, 671. 672 ; ditto (Ireland), 675. Public Health (Ships) Act; pro- visional order under, 661. Public Parks; provisional orders for, England, 660 ; Scotland, 671. Quakers, Moravians, &o. ; afBrmations of, 159. Qualification ; of members, 27 ; want of, admitted, 605 ; of voters, 27. Quarrels. See Challenges; Words of Heat, &c. Queen, the. See Crown. " Question ; " cry of, 327. Questions put from the Chair ; every matter determined upon, 266 ; pro- posed, ib. ; superseded or evaded, 266 ; by adjournment of house or debate, 267 ; by reading orders of the day, 266, n. ; by previous question, 268 ; by amendments, 270; questions inter- rupted, 271 ; complicated, ib. ; question put, 272 ; when question is fully put, 296; again stated, 338; voices on the question, 273 ; when agreed to, ques- tions become orders and resolutions, 274 ; amendments to questions, 275 ; question not to be repeated in a session, 286 ; rules of debate on questions, 295 ; 890 INDEX. Questions put from, the Chair — core- questions pending at moment of inter- ruption, 208 ; claimed under closure, 211 ; rule as to putting question of sums and dates, 460. See also Motions; Previous Question; Privilege. Questions to Members ; (Lords), 205 ; notice of, 206 ; questions, by order, not put, ib.; debate thereon, ib.; (Commons), mode of giving notice of, 236 ; question not read in the house, ib. ; correction of irregularities in, ib. ; no printed ques- tions, to the Speaker, ib. ; questions to ministers, 237 ; to members of royal commissions, &c., ib. ; not to members of the London County Coun- cil, ib. ; to unofficial members, ib. ; irregiJarities in questions, 238 ; regard- ing the conduct of the sovereign, &c., 237. 239 ; manner of putting questions, 239 ; answers to questions, ib. Quorum; the, of the House of Lords, 205 ; of the Commons, 221 ; presence of, 222 ; Speaker's duty regarding, ib. ; absence of, ib. ; in committee, 223 ; message from the throne makes a quorum, 224 ; of select committees in the Lords, 383 ; in the Commons, ib. ; of standing committees, Lords, 371 ; Commons, 373 ; and of railway and canal bills, 715; of the committee of selection, ib.; on private bills, 725; on recommitted private bills, 790. See also Counting the House. Railvsray and Cajial Bills ; constitution and duties of the general committee on, 715. 717 ; certain railway and canal bills referred to a joint committee, 721 ; duties of Commons' committees on, 759 ; special matters of inquiry, ib. ; on bills (Ireland), 706. 799; the Whamcliffe order enforced, 796 ; when standing orders do not apply, 760 ; principles of legislation to be observed by commit- tees, ib. ; clauses to be inserted, 764; locus standi of railway companies, 742. 744 ; of shareholders, 748 ; bills unop- posed, 755; application of Eailway and Canal Traffic Act, 766; (Lords), standing orders, peculiar to, 796 ; copy of bill deposited with board of trade, 681. 788. 799 ; provisions to be inserted in railway bills, 806; light railways (Ireland), 674. Railway and Canal (Traffic) Act; provisional orders under, 657. 762; duties of committees under, 765. 766. Railways ; .provisional certificates, 658. 709. Rates and Charges ; not to be altered by the Lords, 542 ; their amendments adopted by Commons, 644; how for Lords may legislate on tolls and charges, 547 ; printed in italics in public bills, 460. 529; in private bills, 705; com- mittees on railway bUls to fix, 761 ; peers and levy of, 707 ; revision of traffic rates, 765. 766. Reasons for disagreeing to Amend- ments to Bills ; prepared, &o., 479. Receivers and Triers of Petitions (Lords), 493. Recess of parliament; issue of new writs during, 599, et seq. Recognizances ; of parliamentary agents, 691. Recommendation of the Crown ; to charges, 527 ; procedure on, 528 ; to guarantees, 530 ; instructions, 531 ; petitions, ib. ; result of recommenda- tion in general terms, 532. Recommitment; of public bills, 468; of private bUls, 790. 807; of select committee reports, 397 ; of supply re- solutions, 591. Recorders ; how far eligible to serve in Parliament, 612. Recreation G-rounds; provisions re- specting, 768. 806. Redistribution of Seats Act; pro- visional orders under (England), 663; (Scotland) 673 ; (Ireland), 674. Referees on Private Bills. See Private Bills. Reflections ; on Parliament, punished, 73 ; on members, 79 ; reflectiona in debate out of order, 308. Reform Acts ; (1832), efiect of, 22 ; of the Act of 1867 .. 23 ; of 1868, ib. ; the Redistribution of Seats Act, 1885, ib., 24. Registration (Electors), 26. Religion; introduction of bills relating to, 439, n. ; the grand committee for, 371. Religious Communities ; bills for regu- lating, when public bills, 640. Remonstrances; petitions in form of, when received by house, 496. Reply ; when allowed to members in de- bate, 305. Reports; of committees of the whole house, 370 ; of supply, and ways and means resolutions, 590 ; considered on a future day, ib.; procedure on, ib. ; questions of amount of duty, 534. 590 ; debate thereon, 590 ; amendments, ib. ; bills founded on, 592; reports from committees on exceptional expenditure, 594 ; of public bills, 465 ; of private INDEX. 891 Heports — continued. bills (Commons), 759. 783. 785. 788; special, 783; of railway bills, 760; parties do not proceed, 785 ; of select commit- tees, 394, et seq. ; recommending grants of public money, 540 ; of standing orders committee, 701. 789 ; of examiners of private bills, 689 ; reports from public departments referred to committees, 757. See also Resolutions. Reporters' Galleries ; Lords' and Com- mons', dates of, 71, n. See also Debates ; Newspapers. Bepresentative Peers of Ireland. See Ireland. Representative Peers of Scotland. See Scotland. Reprimand. See Speaker, III. Reserved Speech. ; in debate, 305. Besolutions ; duration of, 145 ; obser- vance of, ib. ; are questions resolved in the affirmative, 274 ; rescinded, 286 ; or modified by other resolutions, 287 ; pro- cedure on, in committee of the whole house, 363. 364 ; notice of, not needed, 363 ; cannot be postponed, 368 ; con- sidered by select committees, 394 ; com- municated at conferences, 412 ; laid before the sovereign, 430 ; before mem- bers of the royal family, 431 ; bills ordered upon, 439. 592 ; amendments to question for second reading of bills in the form of resolutions, 446; ab- stract resolutions regarding expendi- ture, 539. See also Reports. Bestitution Sills ; originate with the Lords, 435. 809 ; Queen's consent to be signified on first reading, ib. Hestoration (1660) ; Parliament met, and chose Speaker of its own authority, 38. 154. Keturn of Members, Proof of; book delivered by Clerk of the Crown to Clerk of the House of Commons, 146. 155, n. ; names of members read from, on call of the house, 176 ; certificate of returns after a general election, 165; delay therein, 165, n., 166. Ketuming Officers ; how far disqualified for Parliament, 30 ; hold elections, 34 ; casting vote of, 615. Returns. See Accounts and Papers; Elections, Controverted; Writs for New Memhers. Revenue Departments; estimates for, 516. Revival of Committees ; select, 391 ; of the whole house, 251 ; of supply, 575 ; on private bills, 786. Revolution of 1688 ; effect of, on the Constitution, 2. 4 ; Parliament met, and Revolution of 1688 — continued. chose Speaker of its own authority, 38. 154 ; freedom of speech confirmed at, 96 ; practice of petitioning respecting public measures introduced after, 495 ; no taxes by prerogative since, 554. Richard II. ; petition to, respecting the annual holding of Parliament, 39. Rifle Ranges ; provisional orders, 669. Rivers' Pollution ; provisional order, 664. Road Bills ; procedure on, 717. See also Turnpike, &c. Roads and Bridges (Scotland) Act ; provisional orders under, 673. Rochdale Election ; alleged tampering with witness, 84; debate whether ac- cused party is bound to criminate him- self, ib. Rolls of Parliament ; the, 196, m., 486. Roman Catholic Clergy ; excluded from sitting in Parliament, 30. Roman Catholic Faith; a disability for holding Crown, 4; declaration against, by sovereign, 5. Roman Catholics ; oaths formerly taken by, 156; now the same oath for all members, ib. Roman Senate ; forms of putting ques- tions in, 283, «. Rothschild, Baron de ; case of, 158 ; committee respecting his contracting for government loans, 31 ; chosen of a committee and conference prior to taking oath, 165; certificate of Clerk of Crown being first read, 166. Royal Assent to Bills ; the final stage, 480 ; bills passed cannot be withheld from, ib. ; custody of bills prior to, 481 ; session not conohided by, ib., n. ; given by commission, 481 ; forms of commis- sion for declaring the, prescribed by Order in Council, 481, n. ; form of giving assent, 483 ; of refusing, 484 ; given by Queen in person, 485 ; when the Queen absent from the realm, ib. ; civil hst bills, ib. ; assent to appropriation bills, 483. 562 ; informalities in, 490. Royal Commissions ; questions to members of, 237 ; report of, held to be a parliamentary paper, 99, n. ; irregular publication of reports, 393, n. 6; evi- dence on oath, power granted, 429, n. Royal Family; peer of, takes oath in t__ House of Lords, singly, 149; adjourn- ment of the Commons on funerals of, 183 ; messages for provision for, 421 ; condolence by Parliament on death of, 429 ; messages to, 431 ; commimica- tions from, ib. Royal Order ; supply grants, 515. 559. 892 INDEX. Eoyal Pleasure ; signified, 422 ; an- swered, 427. Koyal Titles Act, 6. Runuing Po'wers ; railways, locus standi, 745. Sadleir, Mr. James ; expelled the house, having fled from justice, 56. St. Paul's Cathedral; attendance of both houses at, 181. Sale, Powers of, Kailways; proofs before Board of Trade, 762. Salmon Fishery Act ; provisional orders under, 656. Salomons, Alderman; proceedings in regard to his taking the oaths, 158. Saturday; usual hour of meeting on, 208; no interruption of business or adjournment under standing order, ib. ; appointment of, 253; special arrange- ments respecting, 255; leave to com- mittees to sit on, 391. Savings Banks ; bills relating to, when founded on resolutions of committees, 530. Schedules to Bills; proceedings on, 462 ; accidentally omitted, allowed to be added, 705 ; scheduled agreements, 801. Schools (Sites) ; provisional orders, 668. 671. 676. Scotland ; the sovereign to maintain the Presbyterian Church in, 5; peers of, represented in Parliament, 10; their privileges, 107. 632 ; order of Scottish peerage, 10; when a representative peer becomes peer of Great Britain, 11 ; Scottish peers and judges ineligible to House of Commons, 29 ; representative peers must be of full age, 12 ; judicature of Lords over seats of, 48 ; certificate of election from Clerk of Crown, 149 ; number of representatives for, 23 ; elective franchise of, 25 ; Scotch judges, places for, in House of Lords, 193, n. ; Scotch provisional order bills, 671 ; allotments, 677. See also Estate Bills. Sea Fisheries Acts, Clam and Bait ; provisional orders, 655. Seats of Members in the House. See Places. Second Reading; of public bills, 444; of private bills in the Commons, 706. 708 ; in the Lords, 800. 812. Second Speech ; when permitted, 304. Secret Committees. See Committees, Select, I. Secretaries of State, &e. ; vacation of seats, on appointment, 603 ; not on transfer between offices, 608 ; or on re- sumption of office prior to appointment of successor, ib. ; number of, in house, limited, 609 ; case of five under seore- Secretaries of State, &c. — continued. taries inadvertently sitting, 610; under secretaries do not vacate their seats, 609. Secretary of State for War. See Military {Lands) Act. Seditious Iiibels ; a breach of privilege, 152. Select Committees. See Committees, Select. Selection, Committee of; duties of (Commons), 715; nominates standing committees on law and trade, ib., 373 ; committees on hybrid and private bills nominated partly by, 719 ; empowered to send for persons, &c., ib. ; choose committee to consider Lords' amend- ments, 792; to consider bills from the Lords, 814 ; instructions to, 719 ; com- mittees on bills for confirming pro- visional orders, nominated by, 709 ; select committees of Commons nomi- nated by, 381 ; duties of Lords' com- mittee of, 802. Separatists. See Quakers, &c. Septennial Act (1 Geo. I. c. 38) ; re- ferred to, 46. Serjeant-at-Arms; (Lords), his duties, 194; (Commons), supported by the house in execution of their orders, 63. 64 ; assistance of the civil power, ib. ; power to break open outer doors, 65 ; may not occupy the premises, ib. ; returns made by, to writs of habeas corpus, 67 ; made arrests under authority of mace, 69 ; arrests persons under orders of the house, ib. ; persons com- mitted to his custody, 91 ; appointed by Crown, 198 ; his duties, 199 ; assisted by a deputy, ib.; duties respecting strangers, ib. ; in maintaining order in the lobby, ib. ; members, 325 ; at di- visions, 337 ; arrests a disorderly mem- ber, 329 ; gives notice of prayers to select committees, 390 ; enforces the attendance of witnesses, 400 ; attends Lords with witness in custody, 403; witnesses prevaricating, committed to, 73 ; stands with mace at the bar on ex- amination of witnesses in custody, 408 ; introduces peers, judges, &c., on exami- nation at the bar, 409 ; sheriffs of Lon- don presenting petitions, 500 ; and com- moners impeached, 627. Seijeants-at-Law ; formerly part of the consilium regis, 192, n. Servants of Members ; formerly privi- leged from arrest, 57, n., 101. 105. Session ; question when decided on, not to be offered again in the same session, 286 ; not concluded by royal assent to INDEX. 893 Session — continued. bills, 481, m.; private bills suspended and proceeded with in another session, 690. Sessional Committees; Lords, 379; Commons, 382. Sessional Orders ; their nature and du- ration, 145. App. 837. Settlement, Act of; disables a Roman Catholic from holding the Crown, 5; declares that pardon is not pleadable in bar of impeachment, 629. Se-wage Farm, Works; clauses re- garding limits of, 769. 806. Seymour, Sir Ed. (Speaker) ; seized Mr. Serjeant Pemberton, 85; royal approbation of, refused, 154. Shareholders ; loons standi as peti- tioners, 748, et seq. ■ dissentient, stand- ing orders respecting, 749. See also Preference Shares. Sheriffs; disqualifications of, 30; hold elections in pursuance of Queen's writ, 34 ; ordered to assist Seijeants in exe- cuting a warrant, 64. Shire-G-em&t ; its character, 14. Shirley, Sir T. ; case of, 103. Shorthand Writer (Parliament) ; appointment and duties of, 194 ; at- tendance at the bar, ib. ; at select com- mittees, 392 ; not to give evidence elsewhere without leave, 407 ; their iirst employment by Parliament, 392, n. ; report evidence and judgment upon trials of election petitions, 617, n. Short Title of a Bill ; amended, 462. 473. Sign-manual ; messages under the roval, 420. Sittings of the House. See Adjournment of the House ; Meeting of a New Parlia- ment ; Two d'cloch Sittings ; Quorum ; Saturday ; Wednesday Sittings. Sodor and Man, Bishop of; has no seat in Parliament, 7, n. Soldiers in Uniform ; admitted to strangers' gallery, 202. Solicitor- General ; part of the consilium regis, 192. Solicitors ; privileged when attending the house, 121 ; appear before private bill committees, 771. South Sea Company; prorogation for introduction of new bills, 294 ; evidence on oath taken by committee on (1720), 406, n. Sovereign ; debate on conduct of, on motion, 263 ; rule applies to represen- tatives of the sovereign, ib. ; reflection not to be cast on, by a question, 237. 239 ; or in debate, 316. Speaker : I. Of the House of Lords. — The lord chancellor, or lord keeper, 42. 184 ; prorogues Parliament by royal com- mand, 42 ; duties of, 186 ; not neces- sarily a peer, 184; when great seal in commission, 185 ; on meeting of new Parliament, 147, et seq. ; takes the oath, 149 ; signifies approval of Commons' Speaker, 152; reads the royal speech to the house, 168 ; sits on the woolsack, 172 ; has written to desire the attend- ance of peers, 175 ; obligation to attend, 184, n. ; deputy Speakers, 185 ; Speaker pro tempore, ib. ; his place when he ad- dresses the house, 186, n. ; attended by Serjeant-at-arms with mace, 194. Prorogues Parliament, 202 ; omits ob- jectionable words from motion, 265 ; pro- poses questions, ib. ; puts the question, 272 ; effect of his limited authority upon the conduct of debates, 296. 307. 331 ; has, by courtesy, precedence in speaking, 296; appoints tellers on a division, 339 ; votes from woolsack, ib. ; writes to desire the attendance of peers and peeresses as witnesses, 400 ; reads messages from the Crown, 421 ; presents joint address of both houses to her Majesty, 429 ; reports answer to addresses, 430 ; has notice when a com- mission for royal assent to bills is wanted, 481. II. Of the House of Commons. — 1. Generally. — Earliest mention of the oflSce, 19, and n. ; his rank, 190 ; words of, taken down, 320. 2. Choice of Spealeer. — Chosen by Commons at desire of Crown, 147. 422 ; election of Speaker, 150 ; vacancy during session, 153 ; retirement of, ib. ; member who has not taken the oaths and seat cannot be proposed as, ib., n. ; royal approbation of, 152 ; refused, 154; elected without, ib.; duration of office, 153; after a dissolution, 190. 3. His Duties and Authority. — Peti- tions for Commons' privileges, 57. 152 ; power of committal, 85 ; admonishes or reprimands culprits, 91 ; his duties at the opening of a new Parliament, 155 ; calls on members to take the oath, ib. ; takes the oath, ib. ; has read prayers, ib., n. ; waits in Clerk's chair till ap- proach of Black Eod, 167 ; goes up with Commons to hear the royal speech, 163 ; reads it to house, 170 ; his speech on presenting a money bill, 202. Summary of the Speaker's duties, 187-190; fixes hour of meeting of house, 207 ; his duty at interruption of 894 INDEX. Speaker — continued. business, &c., 208 ; regarding closure, 211 ; his duties at commencement of public business, 243 ; duty regarding a quorum, 221 ; no printed question to, 236 ; duty regarding questions to mem- bers, ib. ; notices of motions, 228 ; regarding a motion for a charge, 187. Appointment and duties of the deputy Speaker, 191 ; Speaker can request deputy Speaker to take the chair, 192 ; resumes the chair, ib. Peruses votes of the house, 196 ; his duties at prorogation, 202 ; calls mem- bers to bring up bills, 440; to bring up papers, 511 ; authorizes delivery of papers to members, 513 ; demands iudgment on impeachments, 628; di- rects arrest of offenders, 69 ; orders disorderly members to withdraw from the precincts, 332 ; libels on, 79 ; de- bates on conduct of, 264. 279. 316; words of, entered on the journal, 91. Questions. — Pormerlj' framed by him, 265 ; proposed by him, 266 ; takes pleasure of house on withdrawal of motions, 266 ; puts question, 272. 296 ; permitted to do so sitting, 272, n. ; ruling bj', that a member's voice deter- mines his vote, 273; states amend- ments to questions, 276 ; calls attention when the same question is twice offered, 288. Debates. — Addressed by members, 295; calls upon members to speak, 296; his duty regarding words taken down, 320; the suspension of members, 323 ; the order directing disorderly members to withdraw, 332; disorder in the lobbies, 330 ; maintains order in debate, 327 ; his authority, 331 ; refers doubtful cases to the judgment of the house, ib. ; is always to he heard, 332. Divisions. — Enforces rule that mem- bers voting must be present when ques- tion put, 335; and that when present, must vote, 338; orders strangers to withdraw, 336 ; puts the question, 337 ; again states the question, 338 ; division on an amendment, 339; directs the division, 341 ; appoints tellers, ib. ; de- clares the numbers, 342; his casting voice, 344; assigns reasons, ib.; pre- cedents, ib. ; rulings regarding per- sonal interest in a vote, 353. Committees of the whole House. — In committee entitled to speak and vote, 348 ; cases, ib. ; leaves the chair, upon house going into committee, 360. Sesumes the Chair. — To put the question on election of chairman, 570 ; Speaker — oontinueA. on disorder in committee, 366 ; on sum- mons by Black Kod, 368 ; when quorum is not present in committee, 223. Witnesses. — Issues warrants for at- tendance of witnesses in custody, 401 ; authorizes, in the recess, attendance of oGBcers of the house at trials, 407 ; examines witnesses and prisoners at the bar, 408. Messages and Addresses, &c. — Beads written messages from the Crown, 421 ; presents addresses to sovereign, 427; mode of approach to palace, 429; of presentation of addresses, ib. ; reports answers, 430; communications from royal family to him, by letter, 431. Elections and Writs. — Duties of, re- garding the issue of new writs, 53. 595 ; during recess, 599 ; form of certificates to authorize him to issue warrant for new writ during recess, App. 851. Private Business. — Authority of, over agents, 691 ; calls on private business, 694; certifies taxed costs, 821. Speaker's Counsel ; duties of, 721. 792. Special Beports. See Reports. Speech from the Throne ; at opening of session, 41. 168. 515; at a proroga- tion, 202. Spiritual Lords. See Bishops. Standing Committees : — Commons : appointment of, 372; constitution of, 373; quorum, ib.; rules, ib. ; vote of chairman in, ib. ; sitting of, during sit- ting of house, 374 ; procedure in, ib. ; divisions in, ib. ; duties of, regarding bills, 375; authority of chairman in, ib. ; no appeal from chairman to the Speaker, ib. ; procedure on bills re- ported, 376. Lords : appointment of, ib. ; constitution and procedure, ib. ; seven the quorum, ib. ; procedure on bill reported, ib. Standing Orders; character of, 144; authorized collections of, published, 145 ; suspension of, ib. ; suspended, Lords, in respect of bills, 487; of private bills, 814 ; notice of, required in case of private bills, 791 ; motions for private busi- ness taken at time of, 694 ; require- ments of, in case of private bills, 679 ; similarity of, in Lords and Commons, 680; standing orders peculiar to the Lords, 796. 803. See also Private Bills. Standing Orders Committee: — Com- mons : Constitution and functions, 699. 787 ; reports of examiner referred to, ib. ; reports of, 700 ; overruled or re- ferred back, 701. 702; clauses and INDEX. 895 standing Orders Committee — con- tinued. amendments referred to, 789. Lords : Its appointment and functions, 796 ; notice prior to meeting thereof, ib. Statement of Proofs. See Proofs. Statutes ; abusive mention of, 316 ; how enacted, 433. See also Bills. . Steamboats ; standing order as to power of railways to acquire, 761 ; companies, locus standi of, 746. Stockdale v. Hansard; case referred to, 99. 137. Strangers; taken into custody for mis- conduct, 69 ; regulations of admission, 199 ; standing order respecting with- di'awal of, 201 ; order to withdraw not applied to ladies' gallery, 202; presence of strangers during divisions, 336 ; soldiers in uniform, 202 ; in select com- mittees of the Lords, 385 ; of the Com- mons, 386; in private bill committees, 770. See also Closed Doors. Strode's Case ; referred to, 94. 96. Sub-Committees ; Lords, 376 ; Com- mons, 381, n. Subpoenas; privilege regarding. 111. Subways. See Railway, &c., Bills. Sugar Duties; illustrative of practice regarding permanent or annual duties, 557. Suitors in Parliament; privileged, 120; restrained by injunction, or by order of the house, 143. 645. Summons of Parliament; by act of Crown, 38; Parliament meeting on its own authority, ib. ; writ of summons, 40 ; Parliament to meet without, on demise of Grown, ib. ; causes of, de- clared, 41. 167. See also Writs of Summons. Sums and Dates ; rules regarding ques- tions on, 363. 529. 584. Sunday ; excluded in reckoning time for election proceedings, 35; meetings of Parliament on, 40. 180; committees not to sit on (Lords), 802. Supersedeas, Writs of. See Writs, &c. Superseded Orders of the Day, 251. Supplementary Grants, 522; debate on, 585. Supply, and Ways and Means : Eight of the Commons in voting, 50 ; the Commons' right of supply, 553; taxes by prerogative abolished, 554; revenue of Crown dependent upon Parliament, ib. ; demand of Crown for a supply, 515; estimates presented by the Crown, 516; messages from the Crown, 524 ; enforcement of royal con- trol over pukic expenditure, 527 ; over Supply, and Ways and Means — con- tinued. taxation, 532; use of existing charges, 535; grants needing no royal recom- mendation, 538. 565; action by the Commons on the demand by Crown for supply, 554 ; imposition of taxation. 555; the budget, ib. ; permanent and annual taxes, 556 ; application of taxa- tion, ib. ; legal effects of grants, ib., n. ; appropriation of the grants, 560; en- forcement of appropriation, 563 ; reduc- tion of charges, 567 ; packet, &c., con- tracts, 568 ; Army Annual Bill, ib. Appointment of committees of supply, and ways and means, 555. 569 ; of chairman, ib. ; days of sitting, 510 ; first order on Friday, 571 ; sittings on Monday and Thursday, 572 ; no instruction to committee of supply, 571 ; amendments on going into com- mittee, 574; debate thereon, ib.; ad- journment of procedure thereon, ib. ; revival of order for supply, 575 ; notice of estimates to be considered, 577 ; form of supply grants, ib. ; to cor- respond with ways and means grants, 559 ; appropriation of, 560. Procedure on supply grants, 577-590 ; on grants supplementary and on account, 578; British Museum grant, 579; proposal of amendments, ib. ; grants not to be increased, 580; or destina- tion altered, ib.; peculiar method in amendments, 581 ; treatment of items, 582 ; debate on army and navy grants, 584; on civil services, 585; on sup- plementary and excess grants, ib. ; general method of debate, 587; com- mittee closed, ib. ; method of reopening, ib. Procedure in committee of ways and means, 588; proposal of amendments, ib. ; no increase of demands, 589 ; mode of proposing sums and dates, ib. Committees on exceptional charges, 593. See also Appropriation, &c. ; Con- solidated Fund ; Crown, the Control of, over Expenditure ; Exceptional Grants ; Excess Grants; Grant of a Vote of Credit; Grants on Account; Lords and Public Charges ; Public Charges ; Report of Supply, Ac, Resolutions. Supremacy, Oath of; cases of refusal to take the oath, 157. Suspension of Members ; early cases of, 54 ; for disregarding authority of the chair, &c., 323. Suspension of Sittings ; of the house, 221 ; of committee of the whole house, 368, n. 896 INDEX. Table of the House ; peers and peer- esses sworn at, 404 ; petitions laid upon, Lords, 502 ; Commons, 503 ; and papers, 512; Lords' minutes, 312, n.; and private business list, 694. See also Mace. Tacks to Money Bills, 552. Tallage ; levy of, 18. 553. Tampering ■with. Witnesses before Parliament; a breach of privilege, 84. Taxation ; feudal origin of parliamentary taxation, 15. 553; by prerogative, abolished, 554 ; to meet the demand ;of supply, 515; responsibility of the Crown, 527. 532 ; to be proposed by a minister of the Crown, ib. ; reduction of, 533 ; imposition of, 555; permanent and yearly, 556; procedure in ways and means, 558; no increase of demands, 589 ; questions involving longer or shorter time, ib.; imposition of, to originate in committee, 527 ; but not of local taxation, 565 ; petitions against proposed taxes, received, 499. See also jPublic Charges ; Supply, and Ways and Means. Taxation of Costs; of private bills, 819. Telegraph. Act; powers conferred on postmaster-general, 670. Telegraphic Contracts. See Contracts. Tellers on Divisions. See Divisions. Temporary Chairmen of Commit- tees, 361 ; closure not enforceable under, ib. ; can put the question for "suspension," 323; or direct a dis- orderly member to withdraw, 332. Temporary Lavrs; duration of, to be expressed, 473 ; continued during pass- ing of continuance bills, ib. Test Roll, the ; subscribed by members, 166. Teste (Writs) ; summons and Parlia-~ ment, 40. Thames Valley Drainage Act ; pro- visional order under, 668. Thanks of the House ; precedence to motions for, 243 ; place of member thanked, 173, n. Thanksgiving Days ; custom of houses to attend service on, 181. Third Eeading and Passing ; of public bills, 471 ; of private bills, in the Com- mons, 790 ; in the Lords, 807. Thursday Sittings. See Monday. Tithes ; introduction of bills relating to, 566. Titles of Bills; form of, 440; effect of title on an instniction, 452 ; special report, if title amended, in committee, 453 ; amendment of title in the Lords, 473 ; in the Commons, ib. ; trans- Titles of Bills — continiied. position of titles by mistake, 491 ; short title amended, 462. 473. Titles of Honour; the gift of the Crown, 5. Tobacco ; members not to take, in the house, 325, n. Toll Bridges (River Thames) Bill; proceedings relating to, 787. Tolls and Charges. See Bates and Charges. Tooke, Mr. Home ; a member, though in holy orders, 30; his application re- garding a parliamentary publication, 98. Tower of Iiondon; committal to, 91. Trade ; (Commons), introduction of bills relating to, 439, n. ; grand committee for, 371 ; standing committees on bills relating to, 372. Traders ; locus standi of, 735. Tramroad. See Tramway. Tramway Bills ; provisional orders for, 656; (Ireland), 673; procedure on, 709. 716 ; railway companies refused a locus standi against, 744; of owners and occupiers of houses allowed a locus standi against, 746 ; abandormient, 762 ; completion, 764 ; powers to work (local authorities), 763.; application of Kailway, &c.. Traffic Act to, 766 ; report of, 788 ; proofs respecting, (Lords), 799. 800. 806. 807; length of line, 766. See also Railway, &c.. Sills. Tramways (Ireland) Act; provisional orders under, 673. Treason ; member attainted of, disquali- fied to sit, 33 ; petition from, 499 ; no privilege in cases of, 112; notice of arrest of members for, 113 ; Commons impeach peers and commoners for, 625 ; peers tried for, 629. Treasury ; authority given to, by the royal order, 515 ; by appropriation Act, 560 ; financial statement made by first lord of, 555, n. ; first lords holding also chancellorship of the exchequer, 610 ; secretaryship to, does not vacate seat, 609 ; grant the Chiltern Hundreds, 605 ; expenses of witnesses before select committees paid at, 409 ; supervision over private bills, 723. 777. Treating. See Bribery; Corrupt Prac- tices Acts. Trevor, Sir John ; expelled for receipt of gratuity, 81. Triennial Act (6 & 7 Will. & Mary, c. 2) ; referred to, 40. 46. Triers of Petitions. See Beceivers and Triers of Petitions. Trustees; no privilege over property held by peers as, 104. Tuesday Sittings ; rules for, 208. 252 ; INDEX. 897 Tuesday Sittings — continued. precedence to motions, 254. See also Monday ; Two o'clock Sittings. Tumultuous Assemblages ; naar Par- liament, 179. 495 ; for the presentation of petitions, prohibition of, ib. ; house ■when in committee resumed on occa- sion of, 367. Turnpike Roads and Highways; provisional orders, 663. 665 ; roads, &c. (Scotland), 673; ditto (Ireland), 675. 769; consideration of, in committee, 717. Two o'clock Sittings ; on Tuesdays and Fridays, 208 ; interruption of business on, 211 ; order of business on, 252 ; nine o'clock sittings resumed at nine o'clock, ib. " Umbrella Case," the ; (Lords), 63. Under Secretaries of State. See Secre- taries of State. Undue Influence. See Elections, Contro- verted, III. Uniformity, Act of; passed, the lords spiritual dissenting, 13. Union : with Ireland, see Ireland ; with Scotland, see Scotland. United States ; houses of legislature of, enforce answer to questions by law, 85, 71. ; quorum of, 221, n. Universities of Oxford and Cam- bridge ; members for, styled burgesses, 13, n. Unopposed Business, 209 ; unopposed returns, &c., 227. 263. Unusual Expedition ; bills passed with, 487 ; ditto, private bills, 704. Urgency Resolution (1881-82), 324, n. Usher of the Black Rod, 194 ; attends with witnesses in custody, 401 ; has custody of persons impeached, 627. Vacancies in Seats ; causes of, 595, et seq. ; by members to be re-elected, 603. 605. See also Offices under the Crown ; Writs. Viscount ; origin of the title, 9. Voices ; on a question, 273 ; bind the member's vote, ib. Vote Office (Commons) ; distribution of parliamentary papers by, 513. Votes and Proceedings (Commons) ; compilation of, 195; period over which they extend, ib., n. ; entries expunged from, 197 ; journals prepared from, 195 ; questions not entered in, 198 ; hour of meeting announced in, 208 ; description of, 224 ; circulation of, 225 ; Lords search Commons' votes, 293 ; division lists, printed with, 349 ; and petitions, 503 ; notices relating to private business. Votes and Proceedings (Comm.ons) — con tinued. 694. 717. 792 ; and reports, 788. See also Minutes of Proceedings (Lords) ; Notice Paper of the House; Journals, III. Votes of Members. See Divisions. Votes of Thanhs. See Thanks of the House. Votes on Account. See Grants,