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 1 2 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
M 
 
 ^-^^xr^ - C 
 
 
 
 THE 
 
 PRACTICE AND PRIVILEGES 
 
 OF THE 
 
 tSTlDO W^0Uit>CIE2 
 
 OP 
 
 PARLIAMENT 
 
 WITH AN 
 
 APPENDIX OF FORMS 
 
 "TliP La'v of riirliniiieiil, as drtcrminril by rrffulstr custom, is incorimrntP'l 
 *' into uur Coii.-tituliiiii ; l)Ut not to lis to wjiri-.Tit in i"i! 'tin't un .•(•.uroliiiML- 
 " n!i:uni]ili<>u «1 jiowcr in any c-sc, Ica.-t < f all iu Judici;.! I r )i euurf, "'liTC the 
 " form and csscufc uf Ju:!ticc are insvmrimli; fro.n . iici' ijth.?i." 
 
 Hm'am's Middh Ages, v. 3, p. ICi 
 
 By ALPHEUS TODD, 
 
 DEI>t'TT-LIBR»RIAN TO THE PROVINCIAL LEGISLATURE OF UPPER CAKADA, AKIi 
 
 COMPILER OF " AN INDEX TO THE BRITISH STATUTE*" 
 
 FOR THE USE OF THE SAME. 
 
 ^TfnteU bs ®ttret of tfje 5B^ousc of Assembly. 
 
 TORONTO : 
 
 ROGERS & THOMPaON. 
 1840. 
 
, ^^ 
 
 
 ::^ 
 
 ^ ^ 
 
 y • 
 
 
 lu Tin: iioxoRAnLi: 
 
 SPHAKKR f>P Tin: COMMONS HOISi: OF ASSi:MI5t.Y OF I TrF.K 
 
 CANADA, 
 
 A.C A.r. An. 
 
 Till. FOI-I,0\VIN(; WORK, 
 
 ON Tin: i'UA( Ti'i: ani> nnvii.Fcr.s of tiii: t\v.» 
 
 Ijorsi;.-* OF I'AUMAMLNT.' 
 
 IS. 
 
 ^TiU) l)f5 Erptcs.-j ^Dcrmfanfou. 
 
 ui:si'i:t'Trii.i,Y i\sckii'.i:i' 
 
 I'.V HIS <jr,LUJl.)» 
 
 \Nii o;;r:f>ii:NT iilmijli: .^lkvant, 
 
 n 
 
 M\\\\\cu6 '"'IlmIi). 
 
V U K F A C K. 
 
 The oriyiiKil inttMillon of tlio prosont unclortakiiijjj was rncM'cIy 
 To compile a second oJition of a little volume calli'tl '* Tlie 
 "Manual of Pariiainuntary Practice," by tlie late II. C Tliom- 
 son, Es(j., i>ut, on closer examination of that treatise, it was found 
 sn imperfect in its execution — and, from the limited resources 
 at the disposal of the Com[)iler, so defective, that I was induced 
 to attenjpt liie present work, on a more t'\tonsive, and it is 
 hoped, more useful scale. 
 
 From the peculiar, and ?ion nrripta na'ure of Parliamentary 
 Jiaw, it necessarily follows that almost every day brings to light 
 some new feature therein, or more clearly developes by prac- 
 tice the usage which formerly existed — to note, therefore, these 
 developments has been my especial care, as may be seen by 
 the numerous references — used not only for the collation of 
 authorities, but for the illustration of points of practice — paiticu- 
 larly to ihc Journals of both Houses, which arc the fountain 
 head of all Parliamentary Law. Research into the subject of 
 the Privilege of Parliament has led me to concur in the opinion 
 of Mr. Hatsell and others, eminent in the Legislative and Judi- 
 cial Annals of our Country— that although the Privileges of the 
 High Court of Parliament are of such magnitude as to be ju.stly 
 considered undefinable — yet, that the privileges of each branch, 
 however great, cannot be so considt'rod. Thi« opinion having, 
 
VI 
 
 i'iir;iA( i; 
 
 
 iM ilio picsoiit <l.iy, liL(.'n much opposoJ, and hy men whoso 
 iiaincd arc ciilltlod to llio liigliest it'Spt-rt, I liuvc been ituluccjl 
 to bestow llic tj[rcalcst pains in tin; invistigatlon of tlils subjoct, 
 that an opinion upon such an important lo])ic may nol be liglitly 
 advanced, or bo found destitute of the strongest proof in its 
 support. The subject of Parliamentary law, however, undoubt- 
 edly has not, like tlic other branches of our jurisprudence, 
 received tliat thoroufrh invostiiration and illustration whicii its 
 importance demands, but, as it has been truly observed by Lord 
 Holt, if the IcT Parliatncnti be to any "a ?nulfis iiinorata, it 
 " is only because they will not apply themselves to undoi- 
 " stand it." 
 
 The Chapter on Private Bills is arranp:cd according to a 
 revised edition of the Standing Orders, published in 1S37 by the 
 House of Commons, by which that intricate subject is divested 
 of many of its extraneous branches, and materially simplified and 
 improved. 
 
 This work having been professedly written for the use of u 
 Colonial Legislature, 1 have not included within its limits the 
 practice of the House of Lords as a High Court of Judicature 
 for the trial of Causes on Appeals, but in every other respect, 
 though intended for Colonial use, the Practice and Privileges of 
 the Imperial Parliament have been endeavored to be elucidated. 
 
 Having availed myself liberally of the large resources within 
 my reach, in addition to much personal experience upon the 
 subject, I sincerely trust that the present work may be found of 
 that practical utility which it has been my study and endeavor 
 to make it. 
 
 ALPHEUS TODD. 
 
 Toronto, Mn/ 1840. 
 
 I 
 
 I 
 
 
I 
 
 tv^..i 
 
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 I .Nov. 
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 T A n LV: nV CO X T K N 1' .<. 
 
 • ■ii\ 
 
 ■ 
 
 ITI It 
 
 . On 
 
 On 
 
 or 
 
 4. Oi 
 
 7. 
 
 8. 
 
 On 
 On 
 On 
 On 
 
 lIic I bi; ;inj Powor of Parliarnenls, - 
 the Privilt'gL':! of Parliumcut, - - - - 
 
 or Privilc'^'e •imcrally, • - - . . 
 
 Pri\ ik'gcs |)L'(.tiliar to LnrJs, pcrsoiiul and Parlla- 
 monlary, -...-.. 
 
 PriviU'gfs of ihc House of Comrnons, - - - 
 S|)eak<M*, -.-..__. 
 Speaker of tlio House of LiuJs, - - - - 
 
 .Speaker of tin; House of Coiniiioiis, 
 
 His election, and pri si-ntation to tin; Kin<^, - 
 
 Hid lank, sakiry, isiv, - . _ . 
 
 His duties gen«.'ral!y, - - - - - 
 
 Members of the Two Houses of Parliament, 
 
 Memliers of the House if Lords, - - - 
 
 Jjords Spiritual, - - . _ _ 
 
 LfU'ils 'J'etiipiiral, - - - - - . 
 
 Memhers of the House of Commons, 
 
 Past and present nurnher of, - - . 
 
 \V ho are disqualified from votin<'- at cloc- 
 
 ti(;ns lor, --.-_. 
 
 Who arc dis<juarified from being Members of 
 
 Their duties, &:c. rrenerallv, - - - - 
 
 the presentation and trial of Election Petitions, - 
 
 Rules of Proceeding in both Houses 
 
 Public Bills, - - - . ' . 
 
 Private JJills, 
 
 Private HjIU in general, - - - . _ 
 
 Sjiecial Prival'j 13ills, viz : - - . - . 
 For Compounding debts due to the Crown, 
 Divorce, -----.. 
 Estate, - - - . - . 
 
 Naturalization, . - . . . 
 
 Name Bills, - - - - - - 
 
 Private Bill Ollice, 
 
 Fees, &'c.. payable in both Houses on Pri 
 vate Bills, - - - . . . 
 
 VMV. 
 
 J. 'J 
 17 
 >h. 
 
 IS 
 ."1 
 
 if.. 
 i>\ 
 ih. 
 fu 
 ;'>0 
 02 
 //>. 
 
 //>. 
 
 71 
 
 80 
 
 92 
 
 101 
 
 121 
 
 158 
 
 192 
 
 ih. 
 
 2:30 
 
 ih. 
 
 231 
 
 2:{;3 
 
 21/; 
 
 249 
 
 2o0 
 
 254 
 
'1 Alihi: Ol' CONTKN'l'S. 
 
 ( iiai'Ti;k 
 
 1>. On Money Hills, iiiul Hills of Supply, 
 lU. Oil Hills of tu-iico and Pardon, 
 11. On Pelitions, ... - 
 
 1'^ ( )n C(Jinniittoes, 
 
 Stanilinjj;' C()Mimitt(}('s, 
 Sessional CoiMiiiiitees, 
 (Jorntiiiltees of the Whole House, 
 
 (f Supply, 
 
 of Ways iinJ Moans, 
 
 Select Comniiilces <rcneiallv 
 
 to search Lords' Journals, 
 
 to ;ittend certain Lords to receive 
 
 I'A'.i; 
 
 - :2(i2 
 
 - ri7 I 
 
 - 27o 
 
 - 28.> 
 
 - i/j. 
 
 - 2$Ci 
 
 - 2S7 
 
 - 290 
 
 - '^Vl 
 
 - 20;j 
 
 - 2CG 
 
 information, 
 Joint Cojnmiitces of both Houses, 
 
 C 
 
 oinmittees o 
 
 fC 
 
 onieroncc, 
 
 - t>» 
 
 1.). On Atldresses, _ _ _ - . 
 
 1 I. On INressagcy, ------ 
 
 From the King, . . - - 
 
 Hetweon l!ie two Houses, 
 IC). On ProceecJings between the two Houses, 
 10. On Witnesses, ------ 
 
 17. (^n Olllcers and Servants of both Houses, 
 
 Oilicers, &cc. of the Lords, - - - - - 
 
 Oiiicers, &c. of the Commons, - - - - 
 
 t"^. On Impeachment, IJills of Attainder, and of Pains 
 
 and Penalties, ---.-.. 
 
 - 207 
 
 - i7k 
 
 - 298 
 
 - ;jo;} 
 
 - ;;oo 
 
 - oil 
 
 - 31-! 
 
 - :;js 
 
 - ;/». 
 
 - 32" 
 
 iv 
 
 APPENDIX. 
 
 L Speaker's Warrant for Issuing new Writ for 
 Election on a Vacancy during the Session, 
 H. Certificate to the S[)eaker, on a Vacancy occur- 
 ring during Recess, to be signed by two mendjcrs, 
 IH. Oaths of Voters at Elections In Upper Canada, 
 IV. Oath of Candidates at Elections in LTppin' Canada, l^> 
 V. Oath of Allegiance, to be taken by Members of 
 the Legislative Council and Mouse of Assembly 
 of Upper Canada, before taking their seats. - ^ 
 
 VI. Abstract of the Imperial Statute (2 & 3 Vict.) 
 amending the jurisdiction i'ov the irinl of Election 
 Petitions, .-.---- 
 V\\. Election petition by ])arties to be allowed to 
 defend th'' seat o^ a sillin<x niembcr havinur de- 
 clinetl to do so, ------- 
 
 VI 
 
 IX 
 
i.vin.i; i»r co.nti.nts. 
 
 XI 
 
 Ai'pr.vnix 
 VIII. 
 
 IX. 
 
 X. 
 
 r\t.K 
 
 Recognizance rcfjulrcd l>y Imperial -Vet, lor 
 payment ol" co&ls on Contested K lections, - x 
 
 Recognizances rc»)iiir(;J from sucii Pelilioners, 
 by the Pro\incial Act, - - - - - xi 
 
 Oatli of Comniissionera for examining Witnesses, 
 under Provincial Art, ----- xii 
 XI. Oiitli of Clerk to al»ovo Conmiission, - - - xiii 
 
 XII. Oatlis to be taken i»y J'J lection ('ommiltee, and 
 
 their Clerk, ------- ih. 
 
 XIII. Speaker's Warrant for the jiroJiiction of papers 
 and attendance of Witnesses before C'ommittee, xiv 
 
 XIV. Form of Writ to Peer to attend Parliament, - ih. 
 XV. Form of Writ for Flection of C'onimons, - xv 
 
 XVI. Form observed by the House of Commons in 
 attending the Coronation oi" Her Majesty (^ueca 
 A'ictoriu, ----..-- xvii 
 X\ II. Forms of motions recpiired to be made in the vari- 
 ous stages of Public J3ills, . - - - xviii 
 X-Vill. Ivvample of Forms retpiiied in Private Bills, 
 viz : Notice of intended application for Petition, 
 Report of Committee ^c. - - - - - xix 
 XIX. Petition for Divorce Bill, - _ . - xxl 
 XX. Petition to dispense with personal attendance of 
 
 party applying for a Divorce, - - - - xxii 
 XXI. Form of Judges' Rcpoit to House of Lords, and 
 
 Petition to receive the same, - - - - xxiii 
 
 XXll. Form of Memorial to Treasury for consent of the 
 Crown to any Bill, &c., pendmg, or intended to 
 be brought forward, - - - - - - xxiv 
 
 XXIII. Forms of motions for the appointment of Select 
 Committees, ...„._ iJj^ 
 
 XXIV. Forms of motions for Addresses, - - - xxvi 
 XXV. Resolutions relating to the compensation of cer- 
 tain Officers and Servants of the House of Com- 
 mons, ---.___ xxvii 
 
 XXVI. Tables of the Duration of English Parliaments, xxviii 
 
INTRODUCTORY CHAPTER. 
 
 ®n tlie 
 
 ZXm antf Do^ucr of ilarltamcntis. 
 
 THE power anJ urisdiction of Parliament, says Sir Tho power ami 
 
 111 1 • jurisdiitiori of 
 
 Edward Coke («), is so transcendant and absolute, that it Puriiamciit. 
 cannot he confined, citlier f\)r causes or persons, within 
 any hounds. It liath sovereign and nncontrolluble autho- 
 ritv in the making, cotdirrning, enlarging, restraining, 
 abrogating, re])ealing, reviving, and expounding of laws, 
 concerning matters c.f all possible denominations, ecclesias- 
 tical or temporal, ci\i!, military, maritime, or criminal; 
 this l)eing the pla?e where that absolute despotic power, 
 which must in all govj-rnments reside somewhere, is en- 
 trusted by the Constitution of these Kingdoms; all mis- 
 chiefs ;ind grievances, operations and remedies, that tran- 
 scend t!ie ordinary 'ourse of ihe laws, are within the reach 
 of this extraordinary tribuinil. It can regidate or re-model 
 the sucres<i )n to th ' Crown; as was done in the reign of 
 Henr> VIII. and VViiliam HI. It can alter the established 
 religion of the lan<l ; as was done in a variety of instances 
 in the reigns of H nry VIII. and his three children. It 
 can changi! and create afresh even the Constitution of the 
 Kingdom and of Parliaments themselves ; as was done by 
 the Acts of Union, and the several statutes for triennial 
 and septennial elections {h). It can, in short, do everything 
 
 (a) 4 In»t. 36. 
 
 (ft) 6 Wm. & Mary, cli. 2 ; and 1 Geo. 1, stat. 2, c. 38. 
 
14 
 
 ON THE USE AND 
 
 tliat is not iiatuiully Impossiljle ; and tliercforc some have 
 not scrupled to crill ils power, hy a li^-'iic; nitlioi- too bold, 
 " the ouiiiipotciici! of Pill liaiJK'iiL" — ;iii t\\pics.-l..ii. Low- 
 ever, which sii^'iiififs lujlliiiii,'- inoro than the su|>ri inc sove- 
 reign puwor ol' iht' State, oi' a power (if adioii HDcoiiti oiled 
 by any earthly snjieilor. Tnie it Is, (hat. what the Parlia- 
 ment d(>th, no aiithorily u[)on earth can undo ; .so that it 
 IS a matter most essential to the liberties of this Kini^doin, 
 that such Meniheis be delegated to this i'npt.iiant ti ii.-t as 
 are most eminent tor theii- probity, their t'oriitiide, and their 
 knowledge ; lor it wa.s a known apophthcLinj of the great 
 Lord Ti-t>asurer Ibirleigh, "'J'liat l-]rgland could never 
 bo ruined but by aP rliameiif," and as Sir Maiil.ew llulo 
 observes (r/), "this being the hig'iest and grcMiesi court, 
 " over which none other can have iin isiliction in the Kincr. 
 " dom, it'by any means a misgovernmiMit should in any U'ay 
 " fall upon it, the sid)jecis of this Kingdom are left without 
 " all manner of remedy of I'ai Tuinent." To tin? same 
 purpose, the President Montes(juit.'u (A) (though it is ear- 
 nestly to be hoped, too hastily) presages, that as itome, 
 Sparta and Carthagi; have lost their lii»erty and i)eiished, 
 so the constitution ol' England will, in time, lose its liLerty 
 and perish ; whenev; r the legislative power shall become 
 more corrupt than the executive, (r) So long, however, as 
 the British constitutioa lasts, we may venture to afUrm, 
 that the power of Parliament is abscjlute and without 
 control, 
 oi mipiicablo But tin se great and extensive pcjwers are not applicable 
 in their fulness to each or either branch of the legislature, 
 but only to the three estates* of King, Lords and Com- 
 
 bruucli juIy. 
 
 rnons, uni 
 
 ted. 
 
 (i) Ua!c, railts. IS), 
 (r) I 111. Coin. p. IGO. 
 
 (if) Spirit of tlic Laws, b. 11, ch. C, 
 
 * This opinion, that tiiP Tlirco Estates aro formed l)y the King, Lords und 
 Coiumoas, ttltlioush tlic popular one, and oiio which appears to be correct,— is 
 
 C 2 
 
 t 
 
 .§ 
 
rowFR or rAni.'AMr.NT.^. 
 
 1,'. 
 
 uvo 
 
 '» 
 
 oV\, 
 
 1 
 
 o\\- 
 
 m 
 
 j ve- 
 
 i 
 
 iled 
 
 M 
 
 i-lla- 
 
 ^i 
 
 iit it 
 
 1 
 
 .U)in, 
 
 ^ 
 
 <l as 
 
 'A 
 
 ilicir 
 
 
 o 
 
 lovcr 
 
 1 
 
 Halo 
 
 1 
 
 cciurt, 
 
 
 Ivliig- 
 
 
 V way 
 
 
 itliout 
 
 
 same 
 
 
 is eai-- 
 
 
 Uomc, 
 
 
 ,risl»eJ, 
 ULerty 
 H-come 
 
 :ve 
 
 r, as 
 
 illlnn, 
 
 Ivi 
 
 thout 
 
 )l;cablo 
 
 slaturc, 
 
 Com- 
 
 N« itlicr can ihrso jiowrrs In* claimed by a Colonial Ko^ta a r.i.ir 
 liPf^islatnro, mIiicIi h, ot noccs-ily, (l('j)iMi'Uiiit on t!ic 1 ar- 
 liamput of i!h> I'mp ic, and i- linl/lr at any liiur to Iiav^ its 
 con«litiitioii rc-uio(1('lk'd, or taken away, by I'lo ijcnoral 
 SMncr;t''cndin'_' )i"\\»'r of tl:c motlir'r country {a); and in 
 frantitiL' lor-n! (lovcrnmcnt-; to lici' ( 'olonics, (i real Untain 
 l,n^ iT<ci\c(l t<) li<M-<('ll' tlic riulit oC K'l^islulinL;- for ibcir 
 pcjicral, and even int(inal aHiiirs (A): and tlicrcl 're tlie 
 lioldiDL.' of" ^l|( li oxtcMsivc ])o\\ {>i s bv a Colonial I^cjjfislatuve 
 wonM not on:\ bi' '.ncompaliblc with its (icponlanl state, 
 bnt would u-nd lo wcakiMi llio connection oj' a Colonv with 
 tlic niMtlicr coiintrv, l)V brn.LjinLr ilio antlion'y of the local 
 and l(H])«'!;a! Pai lianicnis into ficMjucnt collision. 
 
 There is an opinion of the ImiltIisIi f.'idw ii T>awvor? on 
 ibis snbj.Tt, of verv recent date, wliicli saws — 
 
 '■ Teriiph', Gd DectMubcr, ISoS. 
 
 ' 0['iiiioii iif thr 
 
 " We tliink it impossible to contiMid tl)at di(^ Crown Croun i,:.«\»ts 
 
 on the subjcti. 
 
 " can, bv consiit'itiii':: orcalliiiL: together a general Asseni- 
 
 '* blv in a Colonv with power to assist in inakiiiir laws for 
 
 *' tlie ('i)lony, not rep\igiiant to the iawj of the Mother 
 
 " Con try, thereby givr impliedly to that lotUttie unde- 
 
 " fined and extensi\e ]iri\ileges possessed by the House 
 
 " of Commons as a branch of the Tliirh Court of Parlia- 
 
 ' ment.'' 
 
 {fi'gncd) .1. C.\MPr.F,i,i>, Attorney-Grncral. 
 
 Jl. M. IvoM-i;, SoJ/r/for-G('?icral. 
 
 Il.ords utifl 
 
 lorrcc 
 
 1,-19 
 
 far fiom liniii? mir.r.illy a'' ; :• I. Sir 3Iiilt'irw HiV, ^!tillill^•fl(■( t, Wiiiliutton, 
 and oili' r ■, irivn .••ti(Miim!>ly <i|>| o-i'il it, iiiid Willi in.ii'.y v.ciijlity .irjriimnntf, 
 hol('..:i_ lli it V.'.o l.ori!;^ Spititii.'il nil 'J"t'iii|><i! ;il, witlL llic' (",'<Jnllnoll^, coiistilutr 
 tin tiin .• r-l iir., (lie KiiiL' liMi:}: llio Irini!. I'til Midi nil (ipiiiiiiii wniilil smm m 
 incoM-i^irai n i; li ilir j>M :>riii Coii^iiiiition (if ilii-- Kinrnloni, ns lor ilic Kiiiclit!" of 
 
 S')lro> Id il'ild liiriii-cjv I's ii M'p;ir,ll'~ c. lite iVclll tllf I'm L'l'^-(■S. in (ho House of 
 Commo'i-- — ("iir a Bill « oiild iiiiiloulilrdly 1)P vnlid it" it pn.'-srd, aitliniirli rll the 
 nishops M)trd a;: liii-l it, Uj \\''''tli would not be tlic r'ljc, wrre tliey, in tc^]- 
 ity,fis< pirai'- oiati', iii$t"ad oi' [>vir\f: 2>arcs, or tquiils with tlic Lords TemporHJ. 
 
 t Till! Ad of I'liiforinity, 1 Eliz. cli. 2, was so passed. 
 
 (o) 1 P.j. Com. 107, and sec Stokes on tin; Colonies, 4, V, 29. 
 V,') 6Gpo. Ill.r'.i. 12. 
 
16 
 
 ON THE USE, &c. 
 
 But it is not the object of the present work to define, in 
 any wav, the limits of a Coloniiil L(>p:islatiiro in its juris- 
 diction or authority, hut )'ather to (Muh'av<uir lo mark out 
 the practice and juiviU^tiif's of t'h- Housrs of Lords and 
 Commons, as far as poi>s!!'U> Icaviii;; to tlio-e whose duty 
 it may he, the important and dllPicuh task of drawing the 
 line of den.aication beiwcen tiie privileges of a local Par- 
 liament and those of the Imperial, from \vhencc it received 
 its Constitution. 
 
 \i ! i! 
 
( 17 ) 
 
 C H A P. I I. 
 
 m the iJiibilrflc of 13nirU«imcut. 
 
 Privilege is some s|)e>ial freecloin or heoefit granted to {?,'' ^.","^"^" "^ 
 certain persons, coniiary to ilie conunon eouise of law. 
 
 The privileges ol' Parliatnent are \ery large and int'efi- 
 nite ; and llK-'refori', svlien, in 31 Henry \'l. llie llonse ot 
 Lords propounded a question to tlie J uclges ediicei mng 
 them, the Cliief J u:itic(', Sr John Fi)rlescue, in the name How fur ihr 
 of his brethren, declared "that ihev onjila not lo make an- t..k.- <o«iiizancc 
 
 swer to thai (inestion, for it hath jdI been used ai'oretime 
 
 of Privilege. 
 
 "that the Jud'a* 
 
 s shou.d m any \\ av di'termme thi' piiv ilego 
 
 1 
 
 is so liiuli ant 
 
 "of the Hi"h Court ol I'arliamcnt : for it 
 *' miofhtv in its nalurc that it uiav make law ; and iliat wliicli 
 "is law, it may make n) law ; anJ the determination and 
 " knowledge of that privile«re l)elot)<js to the lortis of Parlia- 
 
 c Ion 
 
 " ment, and not to the Justices ('^0-" This dictum of Fortes- 
 cue's evidently refers only to those cases in w hich the 
 privilege of Parliament .coi.'.es in debate in the House of 
 Lords, where the judges have no delil)erative voice. It 
 admits no doubt, the utKjuestioned right, in ( illiir House 
 of Parliament, of exclusively determining upon any viola- 
 tion of their acknowledged privileges. In this sense, the 
 two Houses, respectively, are properly said to be the 
 Judges of their own privileges ; that is, whether they are 
 infringed in the particular instance — as they are also the 
 persons to judge cf their own peculiar forms and manner 
 of proceeding — sui'i j)roptiis legibus vt cunstietudinihus 
 subsislit. The judges will oidy take cognizance of the 
 privileges of Parliament, when questions concerning those 
 privileges are brought incidentally or collaterally before 
 them, for judgment in the way of action, when the court 
 
 (o) C. Justica Fortoscuo in Thorpe's case, 31 Henry VI. 
 
IS 
 
 OF THE rniviLEGr 
 
 ; i 
 
 { »l 
 
 i ! 
 
 I 
 
 Jl 
 
 is oblipfcJ to (lotorrriino llio question to provcnt a failure of 
 justiro. Tliry will not. dccido l!ic point when it comes 
 fof'f(»r(> tlicrn (J/rrrf/)/, l'Of;ni«o v^ofrniziincn of such matters 
 belongs fffl alli/tJ cramc}) ; l)iif only ulicn, as Sir Thomas 
 Jonos saiil ill Ldnl SliiiCtcslMirv's rasp, it is an incitlont in 
 llie (:aiisf> licll.i-c tlicm, * Tliis siilijcfi will he resumed 
 ^vlle^l ticatiiij^r of the privil(>qos of the House of Commons, 
 those of the LonJs first claiming atlenticm. 
 
 PRIVILEGES PECULIAR TO THE LORDS, 
 
 (PF.RSONAL AND PAULIAMr..\TARY.)t 
 
 Privileges of the ^' P«^'i'i's of llie Realm are ilie licredilary Covmsellors 
 
 "■"^ !; of the Crown, and may, whenever tin v coiisidiM- it r.eces- 
 
 Coiins.ijors of sa,-y deiruuiu admittance to the Kinir's r)resence, to advise 
 
 thoC low II. ^ ft I ' 
 
 \\ itli iiini on aHairs of moment [(i). 
 
 ThoUppor J I- They form the Upper House; of the Imperial Par- 
 
 House or I'ariia- T I I • 1 1 • • • 1 J'^ 
 
 liament, antJ tlu'ir lionouis and unmunities, are liereditary 
 and unalienable [h). 
 
 HI. A Peer may vote by Proxy on any (juestion be- 
 fore I he House of liOrds, though he should happen to be 
 residing in a foreign country (r). A pioxy vote, however^ 
 cannot he "iven m anv of the t'ollow inrr cases — when the 
 House is silting in jiidgnienl [d) —nor in CominittiH.'S (c) — 
 nor in signing Protests [J') — nor on (]uestious relating to 
 ITiattei's of I etitions touching tin; retiii-n of the sixteen 
 representative Peers f)r Scotland [ii) — nor en a motion 
 
 mcut. 
 
 Of Proxies. 
 
 to ad 
 
 joui'ti a dehale 
 
 (/') 
 
 n<u- HI aiiv luuicial cause 
 
 the 
 
 ni-oceecMrius he hy way o 
 
 ill (0. 
 
 tl 
 
 10U{ 
 
 * 2 St. 'Jrialf, (iO, -Jl.l). 
 
 t III ilii: rollowiiiu Di^'r,'! oftho Pri\ ilcirr^^ of the Lords, I hiivn incluiled, not 
 oulj' ihofo which liolo. i; to thcni us iMiMiiUors of llic l'|>|)or lloiiso of Parliament, 
 but alto tho-c pcciili.ii rii-'lits :iiiil »'xciiij)tio.is (if tlic I'cciMgc, wliitli uic still in 
 their pi f.-<r-.-i()ii, whether rem iiiiiii!; to thoin ns a leinnaiit of the feudal powers 
 of their aiitc?toi-c 
 
 (a) 1 lii.n Of) 
 
 !>ei.uri:d to them liy statutable oimk imeiils 
 
 {b, 4 L. J. 1 JO. 
 
 (d) S. (). n.ofl.., U June, lOt'J 
 
 (/) SLd.Moiiiitm. 191. 
 
 (g-) an L. J. 33. 
 
 (c; Elsy. cli. v, Or Proxies. 
 (e) \ ni. Com. JC7. 
 (//) 48 L. J. 29. 
 
 (t) S. O. H. of Lords, 15 Mar. 1697. 
 
 I 
 
PECULIAR TO THE LORDS. 
 
 19 
 
 Tlic proxy ot'a Loid (Mtuidt Ix* ciitt rctl on the siime Jay 
 on whic-li lit; luis Ih-imi ju-rsoiially picscct in llic I;oiise ; 
 nuillicr (MM any tlmt liuvc \n:vn cnttTi'd alter tlirco o'clock 
 bo niadi- ii-t' of', liiiil (l.iy, in iiiiv (|ii»'si ii>ii. ( /) 
 
 piiixics art! LMitt-n-.l in rjaliii, ex //cc/ifid licu' 
 
 IS 
 
 anel biicli .It t'liM! Ui'irii;- rt't]i:isilt\ a <lMiii,i was siaru-tj in 
 
 17SS, at tilt; tldif i.f tilt" Ki 
 
 n'j, s illiifs-i, \\ liiiht'r till' proxies 
 
 \\ 
 
 IS ( a 
 
 led 
 
 (.'10 \ali(l. Till' I'fcr lioMiiMjf tlio |)ro\v 
 
 ■■0( tinilor ; aP'l aiuifiitly tluy ctuilJ lie given to Coin- 
 
 nionurs to a(.t lor a I tjei 
 
 r 
 
 but 
 
 now 
 
 (/.• 
 
 /» 
 
 all pioxu'S trom 
 
 a .S[ 
 
 )irn:al 
 
 <orJ inii-t bo inadi: to a Sointi 
 
 lal 
 
 Lord, 
 
 un( 
 
 from a 'rc'nij)i>ral Lord to a 'i'oiiiporal I^oiJ ; and by 
 
 o 
 
 rcior o 
 
 f t! 
 
 le 
 
 II 
 
 on St.' 
 
 (/), 
 
 no 
 
 L 
 
 ord 
 
 oo (•ai)al>lo o 
 
 bl( 
 
 receiving' nioi-o tl.aii two proxu-.s, nor shall nioi-o be num- 
 berc'J in any caiist; votid. It is said (///), that a proxy 
 
 caniK 
 bvh 
 
 )t 1)1.' made to a Ltjrtl tliat is al)--enl hitnselt". A Peer 
 
 lit 
 
 y n:s ctjiiimg am.! si'tm^- in tlie llt)nse liiui.selt, revt)Ke3 
 Ills proxy, and eaiuiot niaki; a new one without iVe.-h leave, 
 («). U'wo or more Pevrs may he proxies f(>r one absent 
 Peer, but Cahe is of o|)in;on that tlu-y eanntJt vote niiless 
 they all concur [<>). And in case anno I Eiiz. \\ lieie threo 
 proxies liaviiin^ been appoiiiti'd, two ol'lin'm tlid'ered from 
 
 but 
 
 th 
 
 o other, Jl was hekl m 
 
 Pari 
 
 lamiMit to he i;o volt.- 
 
 Lord Mcincheslt.'r, [)rcsideijt of the C.\)uncil, is said to havo 
 decided, in a case where iIk; proxi<!s diflered (in 10:i()}, in 
 favour oi' him who was first named in the delegation (/>). 
 
 IV. All bills in any way affecting the rights of the RiIIs tl 
 
 i;it muht 
 
 peerage (y) n.ust originate in the Mouse of Lords, and can Lord 
 undergo no alteration or amendment by the Commotis; 
 
 ()ri:;iti;itc in th 
 
 c 
 
 (j) S. O. H. ul'L. IG Jan. ITOi; 19 Mi.y, lil3. 
 
 (,k) 20 Fub. 10-Oj. 
 
 (0 ^5 Feb. IGiJ.— Ru^l^v. T.X (m) i;!.-y. cites anno 3."] & 34 Henry VIIl. 
 
 Kr.) S. O. H. of L.25 April. IGr.O. (o) 4 List. 12—1 Wood. 4\. 
 
 {p) El.'y. 132. (7) 1 ]!]. Com. 1C3. 
 
20 
 
 OF THE PRIVILEGES 
 
 (I 
 
 i i 
 
 Proiostf. 
 
 Sign papnrs 
 with thuir title 
 
 Declariiic; upon 
 his honour in- 
 stead of oath. 
 
 Trial by his 
 Peers. 
 
 and also all Bills r<>]ativo fo Fcstitution in Blood, kc. (r) 
 See faithor CIin|-.. VII. on Public Bills— ' W/iat Bills 
 imist nrlcinntr in tic Lords.'" 
 
 V. Each Peer lias a liglit, \vl)on a vote jiassos iho 
 Houso, ontrary to his sentiments, to enter his dissent or 
 protest on the Journals of the House, with his reasons at 
 length for dissenting. The protest must he entered in the 
 Clerk's hook af the next sitting day of the n(>us(\ iieforo 
 three o'elork, otherwise it Ciinnot be made ; and it must 
 bo signed before tlie rising of the House on that day («). 
 But, however, many instances are recorded in the Jour- 
 nals of further time being allowed, under peculiar circum- 
 stances. 
 
 Lord Clarendon says (/), the first iiisiance of protests 
 Nvitli reasons was in 1641, before which lime, names only 
 were set down as dissentient to a vote. 
 
 A'^I. Peers may make their sicfnaturc to all letters or 
 deeds by the name of their title ; their family and Chris- 
 tian names l)eini2: absoi])ed in the hiiiher one ot their 
 nobility. 
 
 VII. A Peer sitting in judgment gives not his verdict 
 upon Oafh, but ujion his hovour (r); the law supposing 
 him of such integrity, that he will, for justice, do that 
 ■which others are compelled to do upfm their oaths. Ho 
 
 al 
 
 so answers al 
 
 B 
 
 Ills in 
 
 Ch: 
 
 'n 
 
 eery upon his honour ; 
 
 : — and 
 
 if he is plaintiff in an action of debt uj)on acconipt, it is 
 sufficient to examine his atforney uj)on oath (w). But if 
 summoned as a witness, in criminal cases {x\ or in making 
 
 an a 
 
 ffid 
 
 avit 
 
 (//). 1 
 
 le mu 
 
 St 1 
 
 )e sworn. 
 
 VIll. When arraigned for any capital offence, except 
 in the case of murder or felony (c), it must be before his 
 
 (r) S. O. II. of L. 2 Miir. 1C6-J. (s) lb. 27 Feb. 1721. 
 
 (t) 2 Clar. Rub. J07. 
 
 (c) 2 Inst. 49; L.J. 31 Dec. 1G40. S. O. H. ofL. l.\.\. 
 
 («e) 3 Inst. 29. (x) E. of ShaAcsbury v. Ld. Digby, 3 Keble's Rep. 63L 
 
 (y) W. Joues, 152. (z) 17 Jan. 1689. 
 
 i I 
 
IT.n LIAU TO Tin: I,OIlr)^ 
 
 21 
 
 •{r) 
 Bills 
 
 ihc 
 nt or 
 
 ns at 
 II the 
 cforc 
 must 
 
 y («)• 
 
 Jour- 
 
 rcum- 
 
 •otcsts 
 s only 
 
 ters or 
 Chrls- 
 t their 
 
 i-crdict 
 posing 
 o that 
 He 
 — and 
 |it, it is 
 But if 
 laking 
 
 except 
 jrc his 
 
 I 
 
 PccriS (a), in full Parliament (A); who clcllvcr their opin- 
 ions upon his guilt or iiuiocenco upon their honour (c). 
 Tliis privilege cannot be waved [d). It docs not extend 
 to Bishops, "as tlifv arc not ennohU'd iii Mood" (r). Al- 
 though hy !iO Henry VI. eh. !>, it is declared to extend to 
 all peeresses, either in th' ir own right, or hy in;iiri;igc. 
 
 Bui in case uf misdemeanor, as riot, lii)id, con-piracy 
 and perjury, a Beer is tried like a commoner l)y a jury. 
 No Beer sitting in iudsfmetit on anotlier, can he challeuLTed, 
 the law presuming that they, being all Beers of the rc;ilm, 
 and judging upon their lnuiour. cannot ho guilty ft' false- 
 Jiood, favour, or malice {J'). Btit, however, previous to 
 the commencement of the trial, the Lord High Steward, 
 in a short exhortation, reijuests those v.ho hear the ]iri- 
 soner any ill-will to withdraw. Beers are tried in Courts 
 erected specifically fcu" the jnirpose, in the centre of West- 
 minster Hall, at the expense of the Crown, which Courts 
 are pulled down as soon as the investigation terrninafes. 
 
 As to the form and manner of the trial, sec Lord Somer's 
 Tracts, v. 13, p. 385, T). 
 
 The cases in which a Beer of Scotland is to he tried hy 
 his Beers, are determined hy 6 Geo. IV. ch. GG. 
 
 IX. ]>y the law of Srandahnn Ma^nrUutn {<:), any 
 person convicted of spreading scandalous reports respect- 
 
 i;\rri)t. 
 
 Spiiiuliiliim 
 A!:iL'iiiitiiin. 
 
 tp. 631. 
 
 (a) Miit'iiii Cli.irtii. tlu '-10.— L. J. H J;.ii. U>\K 
 
 (h) j«. (). II. 1)1" I.. Iii. r>Mt it woiilii MM'iii, (ViMii MM (•xiiiuiiiiiiioii ol llir ;iiillio- 
 rilir;', thill tliis privilc'^rr orixMri': Irird in full Parliament, cxlcin's (iiiK tn IriiiLs 
 for tipxson, — .!> tln'rt; arc iniiiiy i)i.-t:iiii'os. Mihx'iiiuMit to tliPM' Orders, of ii 
 limited iiuiiiIiit of I'orr-, only, ItoiHu' siiimiiiiinMl in tri u> fnv felony, Ac Imt tlio 
 * Will. III. ell. '.i, see. \ 1. eflectlially .'■(■f nres to the Lords the privile<:e of ii full 
 minmons in eases of irrasoii. .'^ee Amos' l)iM|ni>ilion on the Conit of the Lord 
 Iliph Stovv;ir«l, nppended to 2d vol. of riiillipa' State Trials, p. 3.")9. 
 
 (r) S. O. H. off,. M Jan. 10-0. 
 
 (il) Cases of Ld.Herkcley, 4 TMw. III. and of tiic D. of Sufl'olk, 28 I'wfnry Vi. 
 Keiintdy on Juries, p. 50. 
 
 (e) 2 Hawk. P. C. ch. 'U. sec. 13 — a.nd sec the cases of Arclibislwp rranmer, 
 nnd nisliop Fisher. 
 
 (f) Moor, fol. C32. 
 
 (g) 1 Wcsuu. ch- 33.-2 Rich. II. ch. 5.— 12 Rich. 11. ch. 11. 
 
22 
 
 OF TiiF. ruivn.rnEs 
 
 I I 
 
 • I 
 
 ti I 
 
 ■■ I 
 
 FrpriliMii 
 Arrol. 
 
 Except. 
 
 from 
 
 ing a Vcov, or Tlisliop, no m.itlor wlM'thnr truo or false, J8 
 sul»j(( t lo fiue and irnpriscnincnt ; iiii(! every Nobleman 
 so scaiiclali/ocl may prosecute the oll'eiider and recover 
 dain!i^(!s. 
 
 X. The person of Peers Is for ever sacred and inviola- 
 ble from arrest and Iniprisontnetit for debts, tresspasses, &c. 
 (//), ami tliey cannot bi; outlawed in any civil action, nor 
 any allaclnnent lie against their ])erson3. iUit this free- 
 dom from ari'e-t does not extend to breaches of the peace, 
 (particularly when they refuse to give security to kecjp the 
 same*) treason — felony (/), or indeed any indictable of- 
 fence whatever — cases of contempt (/), a capias pro fine 
 and ej'imnt (/), (the Hue being imposed by statute, in wliich 
 no person is exetnpted), or a wiit o\ withernam {in) — or 
 for executi(Mj on a statute staph; niercliant, on the sl itute 
 of Alton IturncI, or of ri.'J, Henry \'lll. the body of a 
 Baron is not exempt (//) — or if he take an orphan out of tho 
 custody of a guardian, he is not privileged, and in a 
 hominv rc/i/ii^odndoi where lio detains the body, he shall 
 be committed {o). This piivilego lormerly extended to 
 their families, servants and followers, and to Solicitors and 
 Attorneys employed by them {//), as well as to all persons 
 necessarily about their estates, or persons during the ses- 
 sion of Parliament, and twenty days before and after — 
 until it was modified by 10 (Jeo 111., ch. 50, ("for pre- 
 venting delays of justice by reason of privilege of Par- 
 liament"). Jjut fleers are not exempt from being sued, or 
 from having their j)roperty sold or setpiestrated ('/)•— 
 
 (/i) i:uv. -,'.1:1. (() S. (). II. I't'L. xlix. 
 
 (•/.) M ■. ^IIT.— Cioiiii.. 14. 
 
 (I) i.<l. .<iMm.nl V. 'niyiiiii', Ml incr, 111 I. Cio. I'.ti/.. ITO. 
 (in) ('romp. t-'O. («) - l-'oiiiird's Kop. 173. 
 
 (o) i.rv. ni-j. na (i>) s. o. ii. i<n.. ixvi. 
 
 (q) in«J. Ill ,h.M. 
 
 ' A Peer or I*(>(>ri->< < uiiiiol lie lioiiml o\rr in any ottior I'Inco tlini> tho Court* 
 of Kilij;'* liciicli or Cliiiiurrx. — 1 HI. ("olll. -'•ll. 
 
 t Tlii.< « rii ofhomine rti>lq>hindo is now seMom useil, it being superseded by 
 the writ \)i habeas corjitto. 
 
 i 
 
 ■K 
 
FECI LIAK TO TIIL L(»HI)H 
 
 23 
 
 Use, IB 
 
 l)lcrr.an 
 •ccover 
 
 itiviola- 
 scs, &c. 
 on, nor 
 lis free- 
 3 peace, 
 LiMip the 
 al)le of- 
 profine 
 in wliich 
 (///) — or 
 ' sLitute 
 idy of a 
 ut of the 
 LiiJ in a 
 lie shall 
 ikIl'J to 
 itors and 
 persons 
 tho scs- 
 l a tier — 
 ' lor pi'C- 
 )f Par- 
 sued, OP 
 
 ( a )•— 
 
 i> the Court* 
 jpcrsodod by 
 
 -i? 
 
 Being a nrlvllcn^o of Pnrmrr (;•) it extcMids to all Peers 
 of the reahn, tlioujjh not IrivitJ'^ scats in tlio House, and to 
 all peercss«'8, Kii'jlisli, SroK li or Irisii. 
 
 Xi. Ol" IVankini; Lett rs thioui^h ll e Post-ollici' to all ofFrankioj 
 parts of (iicat Britain ami Ireland, fron) f()rty days hefurc 
 a siitniiKJiis, until forty days after tli<' prorogation of Par- 
 liament (.v). This piivilej^e, helng exclusiively parliamen- 
 tary, does not extend to those Peers who ha\ e not a seat 
 in th(« iloMse of Lords {i). 
 
 XII. To assindt a Peer or his nionlal servant, is a hiirh .\».iuiiMn(r » 
 
 1 I '111 ^ •• 1 .1 I'i'iT. or lii« 
 
 contempt, ami may \>v pumslicvl \\ itii great seventy hy tho „.rvaiit. 
 House (/"), and there were also penalti' s anncxod to it in 
 the courts; of law, hv the statutes '} Hunrv W .. cli. (i, and 
 11 Hetiry \'l. cli. 11 — hut tliese acts wen; i-e[)eal('d hy 
 Cr l\', ell. 31 — so that such un offence is not now, by 
 the Sttituti' law, distinguishable I'rom a common assault 
 
 XIII. Pe(!rs are exempt fn im attendance or serving in 
 
 r. \riii|>tii>ii from 
 Coui'ts-liH't, .Sfieritf-tourns iir), the militia,* or the /y^^.v.vr ''"i">- i.<<t, 
 
 .MilitM, Ar. 
 
 co/iiifdlna in cases of riot (./•). 
 
 Xl\'. The Houses of IN-crs may not be entered bv p • i, „,,. 
 
 Officers of Justice without a warrant under tiu- King's own I'v'V/i'n'.'i'rl'oi*"'* 
 hand, and those of six Privy Councillors, (four ol' whom ■'"'"^''• 
 must be I'eers of the realm,) if the search bo for conven- 
 ticles, proiiibited books, &:c, (//) or for other reasons 
 without the King's sign matmal, and certali: other forms 
 prescribed by law, varying according to tlie particular 
 case (c). 
 
 (r) ^i.SiiM. !»><.-| 
 
 (s) Sec tin- (Miicnil I'rmikiiii; Ad, 1 \ i.l. lIi. :!,"..— -^1 (Jio. II I. ( Ir. :!r, >cr. 7. 
 
 (t) I!m( nil's .\liiiil:.'ciii<iit, V. (i, p. j17. (r) Ave \.. i. jiutmm. 
 
 (w) ISiillo.i, .;||. J'.l, ],. ::{. ^j.^ Doilrici!,'r<)ll tlir Nubility. 
 
 (ij) i:{\ II Car. II..I1. 33. 
 
 (:; II,.— Hi Car. JJ..I1. 1. 
 
 * liCfri.sliitivc ('Kimciliiirs hikI .Mcmlirrs of tlii" \\o<\*f. of Ai-.-niiilily, with the 
 Officcis (jorinrctcil «iili \\\i- r:iii:i(!iaii l,ei;i.«hitiir'', arc (xcini)!!'!! (Voiii serving ou 
 tho ftlilitiii, c.vci'pt iu liuita of acluul ecrvitc, by the I'loviiicial .\tt 4j; Geo. IIJ. 
 C\l 1, sec. 2C. 
 

 2t 
 
 OF THE PRIVILEGES. 
 
 11 
 
 Qiiiilifviii^' 
 Cliupluiii.-. 
 
 Not to lose Ills 
 Nobility. 
 
 Except. 
 
 XV. Peers can qualify a certain number of Chaplains, 
 viz : — a Duke six; a Marquis or Earl, //<"(•; and a Baron 
 ///fcc. An Arclibishop, six, and a D'uhoi), Jour [a). 
 Sittinircov.ir.i XVI. Tliov have the privilejio of sittinj; covered ia 
 
 ill Courts, iiii. I . -^ . ■' ° . ° 
 
 upon till r.tiidi. Courts of Justice,* and are further entitled by their rank 
 to a seat \vith the Judge upon the Bench. 
 
 XVII. A Peer cannot lose Ins nobility but by death, or 
 atialnder ibr high treason. It has been said, that if a 
 Baron or I^cer waste his Estate, so that he is not able to 
 support his dignity, the King may degrade him ; but it 
 lias been expressly held, by authority of the Parliament 
 itself, tiiat a Peer cannot be degraded but by Act of 
 Parliament. There is but one instance upon record of 
 the degradation of a Poer for this cause; it occurred ih 
 the reign of Edward the IV. in the case of Georgo 
 Neville Duke of Bedford (/>). 
 
 X\ III. Xo Essoin or day of grace is granted to plaintifis 
 m suit or actions wherein Noblemen or Lords of Parlia- 
 ment are defLMulants (c) ; except the plaintiff is also a 
 Peer, when the Judge, upon motion or prayer may relax 
 the rule for a day or more {d). 
 
 The reason for this privilege, Is, that a Peer should 
 have expedition of Justice, " In respect he has to attend 
 " tiie sacred person of the King, and the service of the 
 " commonwealth." 
 
 No day of jjraco 
 wIkmi IV'cr.s aru 
 Duluudaiit:]. 
 
 
 (a) di n.Miiy VIII <:i. i:!. 
 
 lb) Rot. Piiil. i'.il w.r.'. UiJiiiif. Hcc al-^o .'Mool-. liT,-'. IQ Kcp. ofi. 107. 
 (f) (^aiii. Hrit. lll'l (I'.ii!.'. Eilit. UilO). [d) Dodr. HI ;L.lit lliCS;. 
 
 * No I'l'cr 'jaii 1)1' ((ncnil in tlie lloyal prcsciu c u illioiit ixprp>.s perniissiori 
 for tliat purpo:-i', except Lord Kiii;.'>ali'. 'J'lie Uai'iillb of KiliL'-ale liuM-, ^illcc th"o 
 tinit of Kins Joliii, fiijoycd exclusively tin- Iieredita y pilviiejie of bciiiC' eovereJ 
 in tin- roval pre.-eiicc, after liaviiifr lii!-t iiiailo the ii^iial obeis-aiice. This urosd 
 from tneir an<;e>ioi-, Sir .loliii de Coiin y (al'tei ward,-* F.ail of rihter), who was d 
 reniarkalil\ jioweifiil man, lia>jn<.' eiii::i^'ei! to liulit in .-.liii:!!- eomliat, aiid having 
 routed the Cliaiiijiioij i.!'l''ran«e, <in ocea.^it)!! ola dispute regarding the proprie- 
 torship of the Diicliy ol' .N'MiUKindy, l)et«eeii John and tl;c rrcucli King, Philip 
 Augustus. Tlic dc.-:ci:iuiaut.-t ol' tliis rei'ouLitud Knight hu'.c ou all occasious 
 tiaimcd, uud bccii allowed their ^icculjur pri-. ileg; 
 
 11 
 
PF.CLI.IAR TO Till. LOllDS. 
 
 25 
 
 XIX. Lords of Parliament are oxcnipteJ from takinfr f-^^fmp' 
 
 nissiDil 
 
 . i 
 
 ICC th"o 
 
 
 ovcred 
 
 
 i iirosd 
 
 
 ) w us d 
 
 t^i^H 
 
 laving 
 
 '^^i^^^i 
 
 oprie- 
 
 
 I'hilip 
 
 
 :asious 
 
 
 from 
 O.illi (•.x<:i'iit 
 
 the Oatli of Alk-giaiice in courts lect; or any place out of i" i'arii.:mcnt. 
 Parlianic'iit (/■) ; and from taking the Oath of Supremacy 
 at all ( /") : oxce|'t when it may be expressly retjuired of 
 tliem on acce|)fin<; any olfice, as bv the I'J and 14 Car. II. 
 ch. 3. see. IS — wliich recjuire tlioni tr) take these (^aths 
 before they are appointed Lieutenants or Deputy Lieute- 
 nants of counties. 
 
 XX. Lords of Parliament are not to contribute to the \.ittor..iitrii>uw 
 expenses nf the Kniirhts of the Shire that come to Parlia- Kniciits of lUa 
 
 rsliin. 
 
 mcnt It'). 
 
 XXI. JKinc: defendants in Chancery, they are not to ,„ , , 
 
 J » y To ho summoucu 
 
 be suninioiied bv Sulipcena, but by a letter from the Lord ["'<'''!"";'•'■>•. 
 Chanc'.'ilor, or Lord Keeper (//) ; and although they do ''*«"• ''^••■ 
 not appear, no attachment tan be taken out against tbem («)• 
 XX U, Thc'v have the nrivileire of appointinfif deputies ., 
 
 I o I I o I jMay appoint 
 
 to all olHces and places of trust held by them, the law lJ«'pu'i"io 
 prcsumiiig the necessity for their attendance in Parlia- 
 ment. {/-). 
 
 XXllL If Peers or Lords of Parliament are appointed jf justices of Uia 
 Justices of the Peace, thev need not bo resident in the H'-nc'>.[ieo<i not 
 
 ' " be rt'sulent. 
 
 Shires in which they are Justices (/). 
 
 XXIV. Formerly (by 14 ear. 11. ch. 24\ Noblemen or , . 
 
 •^ ^ •' As to I>ring 
 
 Lords of Parliament could not be considered as Merchants, Bankrupts., 
 and therefore could not be made Bankrupt, but this act 
 was ror)ealed by G Geo. IV. ch. IG — which declares a 
 comnjission of bankruptcy may issue against a trader 
 having privilege o[' ParFiament, although he may not be. 
 arrested, except in cases of Felony. 
 
 XXV. If for any crimes they arc sentenced to bo ,„ , , , , . 
 
 •' '' 1 o be hchcaucd 
 
 hanged, it is altered to beheading. But this, thou Sfh an !'""■="' "'" 
 
 (c) Slat. or.'Marlebridge, 52 llemy 111. cli.lO. 
 
 [/) jEliz. cli.l. \,gj Cromp. IT. (A) lb. 33. 
 
 Cij D>ir, 315. (4-; Perkins, sec. 09, 100. 
 
 ,i; '-2 Henry V. stat.2, ch. 1. 
 
r-r 
 
 d [' 
 
 :■'■ tl 
 
 il ll 
 
 i "1 
 
 26 
 
 OF THE rRTVTr,EGEFl. 
 
 Crcntioii-inonry 
 uualieiiublc. 
 
 ancient use. is still but a favour from tlio King, and may 
 be refused, and many cases of refusal are to be found in 
 History (w). 
 Maywcarswonis XXVI. liy proclamation of EiKvard HI. tliey may 
 iuLoiuioii, <fcc. ^ygar Swords within the limits oi" London and AVostmins- 
 tcr. 
 
 X-XVII. If any annuity or rent is given by the King to 
 a Nobleman on his creation to the Peerage, for the sup- 
 port of his dignity, it cannot in any way be alienated or 
 given from the same (?«). 
 
 XXVIII. Formerly, when any cause was tried before 
 oiithejiiiy ill ''^ ^ '''"y I'l wluch a Jjoni was a party, at least one Knight 
 
 causes in wIlIcIi ^ i i ^i i / \ ii .^ ,i • • -i 
 
 they are parties. i^^'JSt have been ou tlie pannel [o). hut tins privilege 
 was taken away by 24 CJeo. II. ch. 18. sec. 4, and G Geo. 
 IV. ch. 50, sec. 2S. 
 
 The reason given by writers for this, was, that the 
 interest of private individuals required this especial choice, 
 because, say they, "« Kniirht was presumed to he a man 
 " nfcouraar, and vot afraid to look a Peer in the face ^ (p). 
 
 XXIX. Every l^ord Spiritual or Temjjoral, summoned 
 to Parliament, and passing through the King's forests, 
 may, both in iroin<r and returning' kill one or two of the 
 King's deer, without warrant, — in view of the iorcstcr, 
 if he be present, or on blowing a horn, if he be aljsent, 
 that he may not seem to take the King's veni.'iou by 
 stealth (q). 
 
 This is a very ancient privilege, declared by the Charter 
 of the Fcuests, ch. 10, and confirmed in Parliament, 9 
 Henry HI. 
 
 XXX. No carriage (/•) belonging to a Lord of Parlia- 
 
 Ofkillinirthc 
 King's deer. 
 
 Their cart.*! and 
 carr 
 
 from iviDg 
 Bervice. 
 
 luges exempt ment, or cart (s) employed on his "grounds, can be taken 
 
 1 King's n 1 T^ • . • 
 
 for the King's service 
 
 (m) See F.Drd Soiners' Tracts, vol. i;t, paye ',i~8, It Tit. 
 (nj Dyer, 12. ii In.-^t. 9. (t») Dyer, lUT, !2()S. 
 
 (p) Cottu's Criin. Jurisp. 7G. iq) 1 Bl. Com. ch. y. 
 
 (r) Jeukius'llcports, 107. (»j 21nbt. 35. 
 
 «L 
 
rECUI.IAR TO THE I.0RD3. 
 
 27 
 
 id in 
 
 !hartGr 
 lent, 
 
 'arlia- 
 taken 
 
 XXXI. No Peer of the realm can be compelled to \ot compoiipj 
 
 - . . , „ to Mttcnil lloueo 
 
 attend the House oi 'commons, to give evidence, o:c. or Cuuunous. 
 without his j)orsoml consent — whetlier he he a Lord of 
 Parliaiiieiit or not (/). Exc('[)t he i'as waved his privi- 
 legfc of Peeraofc liv bcconiinn a member of the House of 
 Commons. 
 
 XXXII. There was another very important privilege on. mofit of 
 formtM'iy possessed by the Peerage, but recently abolished 
 
 by act of Parliament. It was equivalent to the benefit of 
 CleriTV, fornuM'ly possessed by the ecclesiastical body in 
 Enghiiid, and was granted by 1 Edw. VI. eh. 12. By 
 tills a't, Peers, en/t (iJthou^li fhcij were not able to read 
 (r), were allowed jirivilege for all offences clergyable at 
 that period, also for the crimes of housebreaking, highway 
 robbery, &:c., and a'^ no subae(]ueiit law had, till very 
 lately, r('])ealed this clause in the statute of Edward, a 
 Peer might commit those crimes, capital in a commoner, 
 with impunity, for by plesiding it to be Jiis first ojj'encc, in 
 these several felonies, he was liable to no personal punish- 
 ment whatever {it]. This extraordinary enactment was, Now repealed, 
 however, repealed by the 7 and S (.!. \V. ch. 27. 
 
 XXXI II, J*eers of the lealm are also exempt from ^^ ., 
 
 1 F.xcinpt from 
 
 attendance on Juries (x) and are not capable of being •''"■'^'^''*'*^- 
 approvers, or, as it is commonly called "King's evidence'" 
 (yi. Neither can they be admitted as bail, from the 
 ditlicullv of proceediiiGf ajrainst them {z\ 
 
 XXXI V, And lastly. Tliey have a right to be atten- ^.^ ,,p att.njgj 
 dended, and constantly are, by the Judges of the Courts '''"•' "'''=''^''' ''''■• 
 of King's J3eiirh and Common IMeas, and such of the 
 
 Barons of the Exchecpier as are of the degree of the Coif. 
 
 (t) L.J. l'.l July, iSOfi. (e) 1 r,,,v. ISO. 
 
 iir.) See tlio v\i*v. of the Diich. (if Kiii-:,t.)ii, wlio, Ixiiie eoiidciuiicil tut bigamy, 
 on plciuliiiL' li.r pi ivi leges, was reloi.M'd.— II IJow. !^|. Trials, i;ui.-15 April 
 1770. *^ 
 
 (x) CGfo. IV. cii. 00, s. 2. 
 
 (y) 3 Iiut. 12'J. (:) 2 Marshall's Hep. 2J2. 4 Taunton's Rep. 249, 
 
rir 
 
 28 
 
 OF THE PRIVILEGE 
 
 
 I 
 
 As to Allnrnpy- 
 (icnerul sitting' 
 ill House of 
 Commons. 
 
 Freedom of 
 Speech. 
 
 TliPir lives, 
 works, &c. not 
 to be pubiisUeil. 
 txcejil. 
 
 Wlicrc tliey 
 have no privi- 
 lege. 
 
 or have been made Scrjcants-at-lavv («}; as likowIsG 
 by tlic King's learned Counsel, being Serjeants, avid by 
 tlic Masters-in-Cliancery — for tlieir advice l;i poltits of law, 
 nnd for llic greater dignity of liioii- j)roccedings (/»). 'i'he 
 Secretaries of State, with the Attorney and Soiieltor-Clen- 
 eral, were also used to attend the House of Pceis, and 
 liave to this day (together with the Judges, 8cc. j tlieir 
 reguh\r writs of summons issued out, at the beginning of 
 every Parliament (c), ad tractaniluni ct consilivm imj^en- 
 dundiim, though not ad consent and um ; but \i henevcr of 
 late years they have boen Members of the House of Com- 
 mons (</), their attendance hero hath fallen into disuse. 
 On account of this attendance, there are several Resolu- 
 tions before the Restoration, declarlni/ the Attorney-Gene- 
 ral incapable of sitting in the House of Commons. Sir 
 Heneage Finch, Member for the University of Oxford, 
 (afterwards Lord Nottingham and chancellor j was the 
 first Attorney-General who enjoyed tl»at privilege [c). 
 
 Peers have likewise the same privilege as the Commons 
 of freedom of speech In their own House, but the ^yw/)Z/c«- 
 tion of a sjicech containing a libel on an individual is not 
 protected ; as, in 1794, Lord Abmgdon was convicted 
 and punished by fine and imprisonment for a llhcl u[)on an 
 individual contained in his speech in the House of Lords, 
 and published by him in the newspapers [fj. 
 
 It is also a breach of privilege for any one to publish 
 the lives, works, or wills of Peers, after their death, with- 
 out the consent of their heirs or executors [g). 
 
 J3ut Peers haye no privilege of l^arliament as Trustees 
 (7i),-— or against the proving of wills (?}, or to prevent a 
 
 m 
 
 i i I A 
 
 11 
 
 (a)S.O. H. of I,. \\. 0>) Il)i(l. V. 
 
 (r) See '.'A Uonry VIll. cli. 10. "loor. :.,"*!. 4 lust. 4. Hale l'.irlts. HO. 
 
 (rf) Soe C. J. 1 1 .April, 1014 ; 8 Tel). 1C-.20 ; 10 Tel). lO-'o. 4 Inst. 48. 
 
 (0 1 Rl. Com. \<3>i. (/) Rex v. I.d. Abingdon, 1 Esp. N. P. C. 22G. 
 
 ig) S.O. II. ofl-.,rjlJun.l731. 
 
 <A) Ibid, 12 Nov. lCe5- (») Ibid, 2D April, 1C9». 
 
PECULIAR TO THE LORDS. 
 
 29 
 
 Bill filed against ihem in casos where witnesses are to Le 
 exaniinoil {Ic), or the filing a hill in cH|nity without process 
 (/), nor a"ainst writs of haheas corpus (;//), nor against 
 prosecutions or procoeLJlngs for l\e('[)ing gaming houses 
 (n), nor anr;i:nst trials hy courts martial, if hoIJing a com- 
 mission {o) nor in any suit fi)r tythes {p), nor against 
 information fi)r striking in the king's p ilare or presence,* 
 wherehy hiood is drawn {q), — neither is privilege of Par- 
 liament to be allowed to Minors, Noblewomen, or Widows 
 of Peers (r). 
 
 The Lords miy expel any of their Members for crimes, 
 on proof thereof being given (s), The complaint of a Wcmbcra. 
 breach of privilege, in the Lords, must be U[ion oath, and 
 if it be not allowed, the Lords are to pay the expenses {t). 
 
 Privilege of Parliament cannot be waved (r), but a Waving priTi- 
 Lord may wave his personal privileges by declaring *^^** 
 openly in the House that he does so, or signing a waiver 
 with his own hand {w)', liavingdone which, with reference 
 to any particular subject, he cannot resume them (X). A 
 Member of the House of Commons is not allowed to do 
 this, as they are not his, but are held by him for his re- 
 presentatives. 
 
 (k) S. O. [I. oC L. 3 July, 1078. (I) lb. 14 Dec. 1696. 
 
 (m) lb. 8 .lull'!, 17 57. 
 
 (n) L.J. 2:) April, 1715. 13 Geo. H. cli. 34, S. 7. 
 
 (0) 13 Oct. 16911. (p) L. J. 15 Dec. 1691. 
 
 (7) Ri;.x V. E. ofD-vonshirn, Comhcrinacli's Rep. 49, 
 
 (r) S. O. H. of L 21 Feb. ICilQ. 
 
 («) L. J. 3 M ly, ICJO : 13 .May, 1021; 20 May, 1725. 
 
 <f) S.O. n.oCL. 11 J:::. \IJ\ {v) Dwar. 103. 
 
 (w) S.O. II. ()( L. 17 .Mar. 1730. (j.) L. .1. 11 July, 1715; 7Junt', 1717. 
 
 • This olTenco was i-utiisliable by perpetual iinpri-soiimeiit, and fine and ran- 
 «ora at tbi! King's pleasure; and by the oflV-iidcr losiiig his rij.'lit h ind, in the 
 manner prescribed by the Stat. 33 Il.-nry VHI. eh. 12— but the statute 9 Geo. IV. 
 ch. 31. repeals so much of this act " as relates to the pmiishiiient of manslaughter, 
 " and of malicious ttrikiug, by reason whereof blood shall be shed," and does 
 not distinguish it from a common assault. Py the commore Zaic, however, the 
 offence of striking in the royal presence still subjects the offender to the loss of 
 baud. (I Hawk. P. C. ch. 21, s. 3; 2 Inst. 549.) 
 
"' I .1 
 ■ {■ I 
 
 ! S 
 
 30 
 
 OF THE PRIVILEGES 
 
 The House of Lords is a distinct Court from the Com- 
 Judicaturconhe jnons for Several purposes ; they try criminal causes on 
 Impeacl)ments by the Commons ; and liave an original 
 Jurisdiction for the trial of Peers, upon Indictments iound 
 by a Grand Jury: they also try causes upon Appeals from 
 the Courts of Chancery, or upon Writs of Error to reverse 
 Judgments in 13. R. &c. And all liieir decrees are as 
 judgments, and judgments given in Parliament may bo 
 executed by the Lord Chancellor (?/), or, in Scotland, by 
 the Court of Session [z). But in order to prevent Writs 
 of Error being brought up without just cause, and merely 
 for delay of judgment, the l^ords ordered (anno June 
 1641,) that persons so doing thould pay such costs as the 
 House should think fit to impose. 
 
 For the manner of bringing in, and proceeding on a 
 Writ of Error in the House of Lords, see Nalson's Col- 
 lections, vol. 1 — and Dovv's, Clark and Flnnely's, &c. 
 Reports. 
 
 But no Appeal to the Lords from the Colonies is sus- 
 tainable; such an Appeal must be made to the King in 
 Council (a); and be determined by the Judicial Commit- 
 tee of the Privy Council. 
 
 The claims of the Lords, at different periods of their 
 Summary of the }iistorv, have extended to an orlsfuial and ai^pellato iuris- 
 
 privilegi-'S of the " '^ i i j 
 
 diction generally, in civil and criminal matters, and to an 
 unlimited power of punishment in all cases of contempt 
 and breach of privilege, incKuling under these wide- 
 reaching terms, all personal injuries and insults, libels and 
 obstructions, whether inflicted on the House collectively, 
 or on a Peer in his individual capncity. Wc find, how- 
 ever, that these claims have been to a great extent reduced 
 by the course of time and precedent; by the declaration 
 of the Judges, and by the opposition of the lower House ; 
 
 (y) 4 Inst. 21. Finch. 233, 483. 1 Lev. 165. 
 
 (:) Bell's Diet. Law of Scotland, 703. («) Chitty's Prac. of the Law. 594. 
 
 Lords. 
 
 I 
 
PECULIAR TO THE ( OMMONH. 
 
 31 
 
 e Corn- 
 uses on 
 original 
 tS iounJ 
 als from 
 
 reverse 
 s are as 
 
 may bo 
 land, by 
 tit Writs 
 1 merely 
 no Juno 
 IS as the 
 
 so that at present they may be said to stand nearly as fol- 
 lows. The Lords have an exclusive criminal jurisdiction, 
 but only in cases of Impeachment i)y the Commons, or the 
 arraignment of any Poor of the realm; an exclusive civil 
 jurisdiction, but only in cases of Appeals from the Courts 
 below, a power in breaches of privilege, extending to fine 
 and imprisonment for a term certain, but not, if long disuse 
 have any weight, to corporal or infamous punishment. A 
 Judicature in controverted Elections for the Sixteen Re- 
 presentative Peers of Scotland : and the power to imprison, 
 expel, reject or disqualify their own Members for crimes. 
 
 ng on a 
 :m's Col- 
 jly's, &c. 
 
 es is sus- 
 
 King in 
 
 Commit- 
 
 i of their 
 ate juris- 
 liud to an 
 ontempt 
 e wide- 
 ibf Is and 
 ectively, 
 Ind, how- 
 reduced, 
 claration 
 House ; 
 
 1 
 
 I 
 
 PRIVILEGES PECULIAR TO THE HOUSE 
 OF COMMONS. 
 
 Although the privileges of the House of Commons have 
 been held by Blackstone, and many other learned and {'iV.use'^ofCoiu-'' 
 
 venerable writers, to be undefinablc, yet there are other "'°"''; 
 
 names (as Chatham.* Plolt, Hatsell, &c.) equally entitled ^''^ "''d«--fi"abic. 
 to respect, who dispute this doctrine, and declare that its 
 acknowledgment would circumscribe not only the liberty 
 of the subject, but the well-being of the State. But^ as 
 says Dwarris (himself a learned and accurate expounder 
 of Parliamentary law), tiiis repudiation of the doctrine is 
 not sufliciont. The circumstance of opinions of a doubtful 
 nature coming recommended by names such as these, ren- 
 ders it more than ordinarily incumbent upon succeeding 
 writers to subject them to close examination, and if found 
 objectionable, to oppose their introduction and point out 
 their fallacy {a). 
 
 iw.5a4. 
 
 (a) Dwnr. 71. 
 
 * See his speech upon the Address, Pth Januarj', 1*70. — Ld, Chatham's 
 Speeches, v. 2, p. 151. 
 
r 
 
 32 
 
 OF THE PRIVILEGES 
 
 Of them 
 
 I I 
 
 I! 
 
 Pririlegeas to 
 Supply, 
 
 Tha privileges of the House of Commons which will, 
 first claim attention, arc lliosc iliat are most certain and 
 notorious. The most valuable and least sulyect to dispute 
 is — 
 
 I. Their emphatic claim to "tlie solo right of beginning 
 " the grants of Aids and Supplies, and of directing and 
 *' limiting thi; ends, pur|)'jses, considerations, and qualifi- 
 •' cations of sucIj grants, without the Lords having the 
 " power to alter or change them." (b) 
 
 With regard to this, it is the ancient i/idisputable privi- 
 lege and right of the House of Commons, that all grants, 
 of subsidies or parliamentary aids, do begin in their House, 
 and are first bestowed by them (c ; although their grants 
 are not efl'ectual to all intents and purposes, until they 
 have the assent of the other two branches of the Legisla- 
 ture. The true reason of this, arising from the spirit of 
 our constitution, seems to be — that the Lords being a per- 
 manent hereditary body, created at f)leasure by the King, 
 are supposed to be more liablo to be influenced by the 
 Crown — and when once influenced to continue so, than the 
 Commons, who are a temporary elective body, freely 
 nominated by the people. It would be, therefore, ex- 
 tremely dangerous to give the Lords any power of framing 
 new taxes for the subject ; it is sufficient that they can. 
 reject, if they think the Commons too lavish or improvi- 
 dent in their grants [d). And, indeed, this important pri- 
 vilege may be said to be the life and soul of the House of- 
 Commons, for at the dissolution of Parliament (at all times 
 in the power of the Crown, the Commons completely 
 vanish, whereas the Lords, being an hereditary body, still 
 exist. Aware, therefore, of the advantages they derive 
 from the power of granting the supplies to the Crown, the 
 Commons have, at all times, watched over this privilege 
 
 *»• 
 
 (&) C. J. 3 July, 1678. 
 (rf) 1 Bl. Com. 168, 169, 
 
 (c) 4 Inst. S9. 
 
OF THE HOUSE OF COMMONS 
 
 33 
 
 with the most fostcrJnjr and anxious solicitude. Hence 
 the warmth, and even rosentmcnr, which they liavo bo 
 often evinced in rcjectinf,'' amendments proposed l)y the 
 Lords to their Money Bills.* — See further Chapter IX. 
 " On Moneij Bl/hr 
 
 II. It is their sole rijzht to enquire into the Election of And ns to the 
 
 M, .• 1 • ' TT -r» 1 • . .1 • Klrrtion of tbeir 
 
 emi.icrs ot their own House. relative to tins, see Mtuibers. 
 
 Chapter V. " On Election Pcf/tion^." 
 
 III. Another valuable privilege possessed by the House Astolmpeach- 
 of Commons, is the power of Impeaching public delin- ""^"'' 
 quents, even the highest Lord, Spiritual or Temporal, in 
 
 the realm. See Chapter XVIII. " On Impeachment.'" 
 
 IV. The House of Commons, although its Members do „ 
 
 ' s Rcraonstrances 
 
 not, like the Lords, possess the power of prote.sting, incU- 
 vidually, against any measure, may enter their dissent or 
 remonstrances against the Ki^g and Lords, upon their 
 Journals (e). 
 
 V. They also possess, in common with the Lords, the ofFranking 
 privilege of franking a certain number of letters daily 
 through the Post Office, whether the House be sitting or 
 
 not.t 
 
 * The last time the Lords contciiilcd with the Commons rcspcctiiiir their right 
 to amend a Money Bill, was in 1071, dunn? the reign of Charles II. ; when tho 
 altercation between the two houses ran so high, that the King was compelled to 
 prorogue the Parliament, notwithstanding he thereby lost the intendrd supplies. 
 Jo 1772 they rejecied the amenilments made by iho Lords to the Corn and Grain 
 bills, on the ground that " the Lords had no right to alter a bill by which money 
 " was to be levied on the subject." Ever since, this momentous privilege of the 
 Commons has remained undisputed. 
 
 (e) Key, 81, note— C. J. 14 Dec. ICll. 
 
 t Members of the Legislative Council and Assembly of this Province do uot 
 possess tho privilege ofFranking; an Act passed the Colonial Legislature in 
 1837 conferring it upon them, but although it received tho assent of the Governor 
 it was subse<iuently disallowed by the Crown. 
 
 The postage for Letters and Packets on the public service is defrayed out of 
 the Contingencies of the Legislature, by a Sessional Resolution of tho House, 
 which, though it does not regulate the number of Letters and Packets that may 
 be sent and received by Members daily, generally limits tho weight of them to 
 loz. each, all over which must be defrayed by the Members. 
 
*n 
 
 I I 
 
 
 « i 
 
 I 
 
 34 
 
 OF THE PRIVrLEGES 
 
 Present state. 
 
 Of nxprlliii? 
 tlicir Alcmbcr.s 
 
 ru origin, (fee. Tills privilege was claimed by tlio Members of the 
 
 House of Commons on tlio first legal settlement of the 
 present Post-OfTice establishment, in IfiGl — when a pro- 
 viso was introduced into the Post-Oflico bill for that pur- 
 pose, but it was dis'dlowed by the Lords {J'). The claim, 
 however, was only dropped upon a private assurance from 
 the Crown that this privilege should be allowed the Mem- 
 bers, and a warrant was accordingly issued for that pur- 
 pose {i(). It was at last expressly confirmed by 4 Geo. III. 
 oil. 21 ; and by subsequent statutes (/<), many abuses 
 which had crept in have been restrained. The Commons 
 are privileged to frank iuimeJiately on their election, but 
 no Mcunber can send more than ten, nor receive more than 
 fifteen, free from postage, in one day. 
 
 VI. The House of Commons has, also, with the Lords, 
 tlie power of expelling its Members for offences either 
 against the House, or the State (/), but they have relin- 
 quished the power formerly exercised of disabling them 
 from being re-elected {/c). See further Chapter IV. 
 *' On Memhcrs [of the House of Commons) T 
 
 VIT. The privilege of freedom from arrest Is one of the 
 
 rrcodom from most Imiiortant and necessai-y privileges beloneinir to the 
 
 arrest. ' . , b b b 
 
 Houses of Parliament. No Member of either House can 
 be arrested, except In the cases hereinafter-mentioned, 
 without a breach of the privileges of Parliament ; but by 
 the 10 Geo. HI. c. 50, a Member may be aw ctZ and his 
 goods sequestrated. 
 
 The duration of this privilege is no where precisely 
 
 Its duration. dctennlncJ. It certainly, however, is the received opinion 
 
 that It extends to forty days after every prorogation and 
 
 forty days before the next appointed meeting — and after 
 
 (/) L. J. 2-3 Dpc. ICCO. (g) Dvvar. 107. 
 
 {h) 21 Cioo. lU. ch. 37. s. 7. 35 Geo. III. cli. 53. 4-2 Geo. III. ch. 63. See now 
 llic Gencriil Franking Act, 1 Vict. di. 35. 
 
 (*; C. J. iHissim, (k) C. J. 3d May, 17S3. 
 
 (I) Dwar. 101. 
 
 f -i 
 
 I 
 
OF THE lIUlrfE OF rOWMu.Ni 
 
 35 
 
 roclsely 
 )plnioa 
 
 See now 
 
 a dissolution, to a rcancniahlc lime* to return home (/) ; A„dextri.t. 
 which is now, in cfTbct, as lon^ as the rurliamcnt exists, 
 it beuifj seldom prorogued for more than fourscore days 
 at a time {m). 
 
 This privilege from arrest, privileges of cotirse against 
 all process, the disobedience to which is punislialtle hy an 
 attachinent of the person ; as a suhpuMia ad rcsjxiiKhndum 
 or tcsllficamlum, or a summons on a jury, — and with rea- 
 son, because a Member lias important duties to perform 
 elsewhere. 
 
 Prlvilogo from arrest takes place by virtue of the elec- 
 tion, and before a return is made, — for a Member elected 
 is to all intents a Member except tliat he must not vote 
 until he be sworn (w). 
 
 Each House of Parliament may release any one entitled i'"'^ priviio(rpii 
 
 •^ *' |nirlv ti> bcilcU- 
 
 to prlvilcc'e (a), and inflict punishment by censure, on the Mr.Mi.mtoj" 
 arresters. The manner of delivery has been, ever since 
 the reign of Queen I'^lizabetli, by virtue of a Writ of 
 Privilege, or by a Writ of Habeas Corpus issued in obe- 
 dience to tha Speaker's Warrant, made by order of the 
 House (Z>). In any case now to arise, the same i)rudent 
 course of scrupulously using some form and process of 
 law, would probably bo persisted in. The House of 
 Commons has not abandoned their claim to the power 
 of releasincr their own Members arrested under civil 
 process, by their own ofllcers, ct propria vlgorc^ though 
 for a length of time, they may have refrained from 
 exercising it (c). Put how, it is material to learn, is 
 
 * The old words are "Euni!n, ?Ii)rnm!o, (t propria Hcdinndo," — liiit tliore can 
 be very little doubt that it rxinids to the tnrin dI' forty dnys licrnv! iitid iifti'r tho 
 sitting of Parliament, from tiic fuct thiit thi' jirivih'i'c of Franking li;is the tnnio 
 limit of forty days assigned to it by ttatute, thcrcl)y implying, that that is 
 considered the natural icrjn of Parliamtiitary privib-gp. 
 
 (0 Dwar. 101. (m) 2 Lev, 72. 
 
 (n) 2 Hats, 22, C2. D'Ewc?. C-12, 64o. 
 
 <a) 1 Jac. I. ch. 13. 
 
 <6) 1 Hats. ICo. (f) Dwar. 96. 
 
f 
 
 ( :;: 
 
 36 
 
 OF THE PUIVILEGCS 
 
 ,. . „ a party to bo dellvcrcJ out of custody when arrested In a 
 
 or Dissoiuiion. civil suit, 8up|)osiii<2f the Parliunient not to bo sitting, or to 
 be dissolved ? in what iimnncr can Courts of Justice take 
 cogiiizanco ol" privilege of Parliaujont 1 For iti a case (o) 
 wluMO a letter was written by the Speaker to the Judges 
 to stay proceedini^s against a privileged pcisoti, they 
 rejected if, a-s contrary to their oath of olllce. These 
 objects may he effected in two ways • 1st. the discharge 
 of such privileged person may be procured by writ of 
 privilege (y>), in nature of a supersedeas. 2dly. Such 
 arrest being irregular, ah initio [q), the jiarty may bo 
 disch'iryed upon inolion {r); he may move the Court from 
 which ttie process issued, that he may be discharged upon 
 filing coiuinon bail (.v). 
 Whore frondom •^''''=* privilege from arrest does not extend to cases of 
 Srwr''"'"^'''^^so" (0. l^^\ouy (w), lireachoflhe Peace, or refudng 
 to give security for the same (v), disobeying Writ of 
 Habeas Corpus (//'}, Contempt of Civil {x) though not of 
 Ecclesiastical (y) Courts, Seditious Libels (r), or indeed 
 any indictable ollejice {(i), Trials by Courts Martial, whe- 
 ther Naval (/>), or Military (c), or to prosecutions or pro- 
 ceedings for keeping Gaming-houses [d). The only pri- 
 vilege of Parliament in such cases seems to be the right of 
 receiving immediate information of the imprisonment or 
 detention of the Member, with the reason for which he is 
 
 (o) Hoilijfs V. lAlooro, ns ri-portrd by Laid), 15, 48, 150. Noy, 83. Previous to 
 this case, no ob.jpctioii wns nimli; liy tlic Judges to tlic Speaker's letter, but the 
 party was iiimioiiiiitf'ly dnlivei-cd tliurcupon. 
 
 (p) Lntcli, 150. Dyer, CO. (</^ Fort, 342. 
 
 (r) Colonel Pill's case, 2 Stra. 985. 
 
 (s) Dwar. 100. 
 
 (t) 1 Huts. 18, 20. (u) 1 Hats. 18, 20. 
 
 (v) C.J. 14 April, 1G97. 
 
 (to) 1 Hats. 200.-7 Fel). & 8 June, 1757. 
 
 (x) Mr. Long Wcllesley's case, C. J. 26 July, 1831. Mr. E. L.Charlton, C. /,. 
 
 16 Feb. 1 en. 
 
 Cy) 2 & 3 Wm. IV. eh. 93, s. 1. (z) C. J. and L. J. 29 Nov. 1763. 
 
 (a) C. J. V. 86, p. 701. (b) C. J. v. 62, p. 145. 
 
 (c) C. J. V. 58, r- 59" (^) IS Geo. IL ch. 34, a. 7. 
 
 i 
 
PECILIAR TO THE COMMON?. 
 
 37 
 
 dotalneJ ; a practice wliicli is rt'coffrii/od by llic several 
 temporary statutes fi)r suspeticliiiLT tli- Huleas Corpus Act,* 
 wliurehy It is {>r()viil('(l fliat no Member of eitlu-r House 
 shall be delaineJ until the matter of which lie staruls sus- 
 pected be first commutjicated to the House (if which he is 
 a Member, and the consent of the said House ol)tained for 
 his commitm(Mit or detention. But vet the usuw has uni- 
 formly been (c), ever since the Kevolution, that the com- 
 munication has been made subsecjuent to the ivw;^. 
 
 Further, as to the privileges claimed from the King at 
 the commencement of a new Parliament, by the S[)eaker 
 — of Freedom from Arrest — Freedom of Speech in their 
 own House — Free access to the King — and that all their 
 proceedings may receive a favourable construction — see 
 Ohap III. — On Spea/cer {()f the House of Commons.) 
 
 It is also, by a standing order (/), a breach of the 
 
 • -1 fi 1 rr .1- 1 'i 1 Spoechet and 
 
 privileges ot both nouses, to publish the speeches or votes rniccedin^* not 
 of their members, and although this has fallen into abey- 
 ance, yet it may be enforced by the House when ever it is 
 called for. This is generally done by a member when his 
 votes or speeches have been erroneously reported, whe- 
 ther wilfully or otherwise, and on a representation to the 
 House, the offender is proceeded against under this 
 standing order [g). 
 
 Each House of Parliament, in common with every , 
 
 V Its power in 
 
 other Court, has the right to commit any person for con- '^''*»-'*' "'"con- 
 tempt of its authority, and they are the sole judges of such 
 contempts. When either House adjudges any thing to 
 be a contempt, their adjudication is a conviction, and their 
 committal. In consequence, an execution. And whenever 
 the question as to the power of the House of Commons to 
 commit for a contempt has been raised, it has always been 
 
 ' Particularly 17 Geo. II. cb. 6. 
 
 (e) 1 Bl. Com. 107. 
 
 (f) S. O. H. of L. 27 Feb. 1698, and 11. of C. 28 Mar. 1612. 
 
 (S) See C. J. 13, 20 & 27 ^k. 1771. . 
 
 
38 OF THE PRIVILEGEg 
 
 ruletl lliat a])Grson so committed cannot be discharged Ly a 
 
 Persons so roni- 
 
 initiid .ii>- Court of Common Law ili), nor be hailed (/'), but lie may be 
 
 tliarircil ill t'lid ^ ' ^ 
 
 oi jjossioii. discliarired bv Court of Kin'>'.s ]5cncli iiCler a dissolution 
 
 or prorogation, wliicb determines all orders of Parliament. 
 
 It is a much disputed question whether a person so com- 
 
 CorpusLaii 1)!!'^ mitted for contempt or breach of j)rlvilege, can be allowed 
 
 allowed llu'lll. IJ l ry .1 n p ,1 ■ 
 
 jlaoeas Corpus; there were irecpient conierences on this 
 subjei't between the Ijords and Commons in 1704, but 
 they leil to no satisfactory result (A-),— and the (piestion 
 was argued by tlie Judges of the Court of Queen's Bench 
 in that year, but ofiinions were divided* (/). A case 
 occurred in the Island of Jamaica in 17Gi, of the Governor 
 of the Island, a. Chancellor, granting a Writ of Habeas 
 Corpus to a person imprisoned l)y order of the House of 
 Assembly, on tlie ground that liis detention wai: Illegal. 
 The House voted this proceeding a breach of privilege, 
 and the Governor then dissolved the Parliament [m). 
 Relative to libels, the House have exercised the right to 
 
 Libels on House i i • ■ i' i-i i i it / \ J 
 
 by Members. "expel their members tor lu)el3 upon the House \n}, ana 
 they have declared (as in Wilkes' case) that seditious 
 libels cannot bo protected by privilege of Parliament,, 
 and that the reasons upon which that case was founded 
 extend eijually to every indictable offence. Since the 
 
 Andothera, Revolution it has not been unusual for the House of Com- 
 
 U '^i 
 
 (h) Sec 3 Willes, 188 ; Bi:ick. Rep. 754 ; ami llobliousc's case, 3 Barn. Ai Ald» 
 420. 
 
 (i) Loarh's Hawk. P. C. v 2, uh. 15, sec. 73. 
 
 (k) Sec C.J. 2 4 Tek &c. 1704. 
 
 (0 See Asliby v. White, 8 vol. S»nte Trials (:j9tb Edit.) 1753. 
 
 (m) See the Case in 8 vol. Annnal Register, p. 170. 
 
 (n) Aithur Hall in C. J. ISr^O. Wilkes" rase, 17(10. 
 
 * See an able aeeouiit of this ronlroversy in Harprave's Preface to Hale's Ju- 
 risdiction of the H. of liords, p. i;);i-20(i. Although the right of a prisoner so 
 committed to tlie writ of H^ihei Coriiiis seems now to be generally allowed, yet 
 it has been held f that no Court can ilelirrr upon it in such a case, which would 
 make the mere obtaining the writ of no cftect. 
 
 t 8 Salkcld's Reports, 404, 503. 8 Totm Rep. K. B. 314. 
 
 llJi 
 
PECll.lAR TO THE COMMONS. 
 
 39 
 
 , Si. Al(]> 
 
 mons, in cases of libel, and some other ofTences wlilcli may 
 be rlioui'lit to desorve a punishment diiFerent from tiiat 
 
 . ,,. , , Aitoriirv-Opnc- 
 
 wliich llie House lias power to mtlict — to ord(;r the ,::i ..nij-roa to 
 Attorney General to prosecute the od'ender, or to address 
 the Kiii'T^ prayinij that he will give directions ibr that 
 purpose (o). 
 
 Tile privilerre claimed of not altendin<j on Juries ( p), Xn-dnotix' 
 
 . , , . IT , Jurors or Wit- 
 
 and exenijition irorn attendance before the ordmary C/onrts ik^s.-^. 
 of Justice as Witnesses (q), is undoubted, aliliongli it 
 seems to have been suflcred in many cases to fall into 
 ner-ioct. 
 
 The House of Commons has no power to administer an ifoii-poiTom- 
 
 . , ... ... iii(in» Ciiiiiiot ad- 
 
 oath, exce[»t m those peculiar instances where it is imniMir uuouth. 
 
 allowed by e.\})ress Act of Parliament. 
 
 If an otlbnco be committed by a member of which the .\,,c„„rt touo- 
 House has coirnizance, it is an infriiiixnumt of their rlfzhts "''' "'''',"."','' 
 for any person or Court to take notico of it, until the ^'"- """*'^~""*'' 
 House has punislied the olTender or relL-rred him over to 
 such Court (/•). 
 
 On complaint ot breach of privileGje the party may Complaint of 
 eitner be summonetl, or sent lor in the ciistoday ot the u-^c. 
 Sergeant {■■>). 
 
 The j)rivilccje of a member is the privilege of the n • •, 
 House. If a member wave it without leave, it ;s a '"' "^^'-''^* 
 ground for punishing him, but cannot in effect wave the 
 privileges of the liouse {f). 
 
 The King cannot notice any thing said to be done in n-i-a.ii„f privi- 
 
 ,1 JT r ^i 11 /• 1 T-i / If:;'' l"'ir till' Kiiiff 
 
 the llouse ot Commons, but by report ot the House (/?)• .lii-.- pro- 
 
 n-ti ^1 T.-- 7.1- • r- 1 1 11 1- (' <i'''iliii^'.s ill Par- 
 
 ibus the Kings taking notice ot the bill pending for liamcni. 
 
 suppressing Soldiers, his proposing a provisional clause 
 
 for a Bill before it was presented to him by the two 
 
 (o) C. .1. V ')8, p. 425, et passim. 
 
 (/>) C.J. May, lfi(t7. 6 CO. IV. ch 30, s.GI. 
 
 (q) C. J. ;n Mar. IGOT. Dwar. 103, 104. 
 
 <r) Lex Pari. G3. (s) 1 Grey, 8S, 93. 
 
 «) 3 Grey, 110, 222. (r) 4 Inst. 15. 
 
Tr» 
 
 u 
 
 m 
 
 p. 
 
 4D 
 
 OF THE PRIVILEGES 
 
 Or for a Member 
 to repeat tho 
 King's opinion to 
 iuHuenco votcb. 
 
 Houses ; his expressing displeasure against some persons 
 for matters moved in Parliament during the debate and 
 preparation of a bill — were breaches of privilege {w); and 
 on 17 Dec. 1783, it was declared a breach of fundamental 
 privileges to report any opinion or pretended opinion of 
 the King on any Bill or proceeding, depending in eithet 
 House of Parliament, with a view to influence the votes 
 of members {x). 
 rroceedin<'s on The proceeding to be adopted In any matter where the 
 brcai^h oj^Pj^|'' privileges of Parliament are infringed upon, or violated by 
 the Crown, is to pass a remonstrance or Declaration, in 
 the same manner and form as an Address, stating the 
 infringement, and declaring the privileges of the House in 
 that respect. This document is then sent to the King by 
 a committee appointed for that purpose (y). 
 
 There has occurred, within the last few months, a case 
 which has caused the question as to the extent of the 
 privilege of the House of Commons to be argued at great 
 length ; and which has brought forth on all sides, such a 
 display of research into that difficult subject, from many 
 of the ablest Statesmen and Judges in Great Britain, as 
 had the effect of throwing great light upon it, and making 
 that which before was enveloped in obscurity, so clear 
 that it cannot be mistaken by any impartial eye. The case 
 „„ , liWuded to is t\mio^ Stockdalc V. Hansard, and the facts 
 
 Case of Stock- ' 
 
 dale & Hansard, j^^g briefly these. The Inspector of Prisons appointed by 
 
 the Homo Secretary under the 5 and 6 Will IV. ch. 38, 
 
 had presented a Report to the Crown, stating amongst 
 
 Other matters, that they had discovered in Newgate, in the 
 
 ■possession of tlie prisoners, a book published by Stockdale 
 
 in 1827, "which," they say, " is of a most disgusting 
 
 "nature, and the plates are obscene and disgusting in the 
 
 " extreme." The House of (yommons ordered this Report 
 
 Extent of the 
 privilege of the 
 House of Com- 
 
 IU0U8. 
 
 (to) C.J. 14 &. 16 Dec. 1641. 
 (y) See C. J. 16 Dec. 1641. 
 
 (r) 2 Hats. 251,6. 
 
■■Si 
 
 PECULIAR TO THE COMMONS. 
 
 41 
 
 as 
 
 '{compiled neither for, nor ly themselves) to be printed for 
 general sale and circulation, and thereupon Mr. Stockdale 
 brounfht an action against Messrs. Hansard, the printers of 
 the House of Commons, for the above (as he alleged) 
 libellous description of his work. The cause was tried 
 before I^orci Denman, and the Messrs. Hansard pleaded 
 1st, in justificaliorr — the order of the House of Commons, 
 and, 2dly, that the alleged libel was true ; but the Judge 
 in his chiirge to the Jury, said, that '"he was not aware 
 " of the existence in this country of any body whatever, 
 " that could privilege any servant of theirs to publish 
 " libels on any individtial." Accordingly, the Jury 
 brought in a verdict for the plaintiff on the Jirst issue, 
 (i. e. against the privilege) and for the defendants on the 
 second, evidence being given that the book was, in fact, of 
 the character set forth. 
 
 Shortly after the trial, a Committee of the House of Cona- 
 mons was appointed to enquire into and report to the House 
 on the subject of the publication and circulation of printed 
 papers by order of the House. This committee reported [^z) 
 in favour of the claim of the House to privilege such publi- 
 cations, and declared it a high breach of privilege for any 
 suit to be instituted for the purpose of bringing into discus- 
 sion their right to do so, — or for any Court to presume to de- 
 cide upon matters of privilege ; on the ground that the House 
 had exclusive right to determine the existence and extent 
 of their privileges. This report was adopted by the House, 
 though not without opposition — and soon after Mr. Stock- 
 dale commenced fresh proceedings against the Messrs. 
 Hansard, and Mr. Nichol (another printer for the House 
 of Commons,) received notice of an action for libel con- 
 tained in a Petition printed and sold by order of the 
 House — and on application by those individuals to the 
 
 (t) See C.J. 8 Mny, 1837. 
 
42 
 
 OF Tlin PRrVILEGES 
 
 House for protection, the House instead of following up 
 tlieir Resolutions with the comtuitment of the Judges and 
 all concerned, merely directed the Attorney CJeueral to 
 defend the Printers. That the House were exceeding 
 the hmits of tiieir authority in these Resolutions must be 
 apparent to every one who attentively examines the case, 
 — and that they were aware tiiey were doing so is likewise 
 evident, from the manner of their proceeding as above- 
 mentioned. 
 Use and purpose l^o suj)porters of these Resolutions plead tiie high and 
 
 of the House of • i , c rt ^■ i i • i • i » 
 
 Couimoii.-. i^iighty nature oi Parliament; but what is obviously true 
 
 of the whole, becomes monstrous when aj)[)lied to a part 
 — for the House of Commons is only a pai't of the Legis- 
 lature, constituted and assembled for particular pui[)oses, 
 and althougii its privileges are undoubtedly very great, 
 it ought not to lay claim to the omnipotence of the entire 
 Parliament. 
 
 No power to The Houso of Commous, as the Grand Inquest of the 
 
 ])rol('et lil)ellou3 _ _ _ _ 
 
 j>ui)iicatioiis, nation, has unquestioned authority to enquire into all 
 
 f X(;ei)t lor its f, . . 
 
 owu uiu. matters for the good of the state, and to order any infor- 
 
 mation it may recjuire, to be [)rinled f r the use of its 
 members, to enable them pro[)erly to discharge their high 
 functions, but it certainly has not authority, when that infor- 
 mation is of a libellous nature, to cause it to be jirinted for 
 general circulation, as that would be putting the people 
 in possession of information which should onlv be given 
 to members in their legislative (:a[)acity, for in that capacity 
 liothino; can be withheld fiom thein, as in leLrisliiiiiiP- for 
 the well being of the State, all private inlercsts should 
 give place. 'J'hat both H(.)uses of Pailia(Meiit are aware 
 of, and have hitherto acted uj)on this jtriiiciple, is evident 
 from the fact, tliat although ineinljers are [ji-otected in the 
 House In freedom of speech, yet both Houses have held (a) 
 
 (n) Rox V. Loril Abing'joii, 2 Esp. N. P. C. 2i2tj : and see Rex V. Salisbury, 1 
 Uaym. Jll. Rex v. Cresvy, 1 31aulc &. Selw. 2'.^'. 
 
IMXULIAtt TO Tin: CO.MMONS. 
 
 43 
 
 tliat that protection docs not extend to tlie ])ublicaUony„sicm\nTm:iy 
 of tlieir sjiceciics, ns It would llien 1)0 in the power of any jipeicii. 
 member to jironounce, in his pl;ice, notorious libtds upon 
 individuals, under pretence of its being necessary for the 
 inforniaLJon of the House. The cases referred to in the 
 note, v.ei-e cases in which tlie members publisiied their 
 speeclies themselves, in order to remove an erroneous 
 and gar:)lod account of then), which had gone abroad — 
 and neifher House interfered, but quietly acfjuiesced in the 
 justice of tlie decision. An action could not Le made 
 against a member for liis s[)eech in the House, but, if it 
 contains a li!)el, an action would lie against the Editor or 
 person }ni})lishing it. It is on this account that the stand- 
 ing order v/as made which prohibits the publication of the or.u^r^^hjjMi- 
 debates, the House hc'wifr aware that tonics will sometimes "'f i'">'[":itioii 
 arise, which, if in the possession of the public would be 
 made an improper use of. Therefore, although many 
 eiibrls have been made for the repeal of tliis order, by 
 persons who are not aware of its real object, it still remains; 
 and although it is unquestionably necessary, in a great 
 measure, that the debates should be made public, and 
 they are so — yet still it is in the power of any member to 
 move for the standing' order to be enforced, and the 
 persons transgressing it to be punished, the House exer- 
 cising its own discretion upon each particular case, whe- 
 ther the oftence is of sufficient matj^nitude to call for an 
 exercise of its authority. The connection that exists 
 between these two questions, must bo obvious to all, and 
 therefore the extent of the privilege of the House in this 
 respect may be said to be as follows : 
 
 The House of Commons has authority to throw the ah iho mai pro- 
 
 , . , , ^ . ., „ . , cocilines of the 
 
 protectmg shield oi privilege over any ot its 02vn proceed- iiou.-c protfcud. 
 ings (such as its votes, resolutions, reports made by its 
 Committees, and Petitions, subject to the restrictions laid 
 upon them,) but not to reports made hy, or to, other Bodies. 
 
I 
 
 44 
 
 OF THE PRIVILEGES 
 
 But only a cer- 
 tain number of 
 priuted copies. 
 
 
 Any Resolutions of their own, however false, are unim- 
 peachable, but they cannot protect other Resolutions 
 without adopting them. They have also authority to 
 order any thing that may be needed for the information of 
 the House to be printed for the use of its members, but 
 (as has been held {h) by Lord Ellenborough) only such 
 a number will be privileged as there are members in the 
 House, that they, with a full knowledge of the facts may 
 make righteous decision ; but if the information be libel- 
 lous (of which he is necessarily the judge, on his own 
 responsibility,) he mu&t not communicate it, even to his 
 constituents, as it is sufficient to state the general fact to 
 them without descending to particulars, lor by his writ of 
 summons he is called to legislate for the nation, and not 
 for the particular place from whence he is sent ; and as 
 the eloquent Burke tersely expresses it, ** a member of the 
 "British House of Commons is not a delegate.^'* 
 
 An action might, possibly be made against a member 
 for the undue use of his copy (as says Lord Ellenborough 
 in the case just cited) but it could nut, if the limitation as 
 leged— provided, to number Were adhered to, be made against the officer 
 who printed it, for that would be an undoubted breach of 
 privilege and would render all concerned in it liable for 
 the same. 
 
 The ground of all actions for libel is malice, which the 
 law invariably refuses to infer when the alleged slander is 
 spoken, or written, for a legitlniate purpose, and not cir- 
 culated more widely than such purpose imperatively 
 demands. Thus A. being surety for B. to C. it was held 
 
 The Officer 
 printing is privi 
 
 (i) Rex V. Creevy, Maule & Selw. Rop. 272. 
 
 * Sir Edward Coke, on tliis .subject, lia.s the lollowing : "On the first insititutius 
 " a House of Comnions, the representatives of kiiigiits, citizens and burgesses, 
 " were only lonkeiL upon as trustees, to m:iuu<re the affairs of their principnls ; 
 " and therefore, in former days, it was licid reasonable that they should be 
 " recompensed for the expense and trouble they were at in managing the trust 
 " reposed in them. Hence the fuo of every knight of the shire was four shillingi 
 "ptr diem, and that of a citizen or burgess, two shillings."— (4 Inst. 40.) 
 
OF Tur, iioL'sn or coM.noNri 
 
 45 
 
 lliat A. was ju«tifieJ in Informino^ C. tliat B. had been 
 guilty of a fraud. Had tlio defendant (added Lord 
 Eilonboroijgh) gone to any other man and uttered these 
 words of the plaintiff, tlioy certainly would have been 
 actionable. 
 
 Again, in tlie case of Lake and King (c) it was decided as to printing 
 that the printing a certain number of copies of a pctitioji ^ ' '""^' 
 containing sc.indalous matter might be justified, provided 
 that the delivery was limited to members of the Committee 
 authorized to decide upon it. 
 
 Thus from the above rases is clearly shown the extent jj^^ p.^^. ^^^^ 
 of prlvileije in that respect. But it is arrjfued in favour of •'",''^'«'^ *'""''*' 
 
 l T> \. D tnke cugnizaiicc 
 
 the Resolutions, that the decision of cases in which the "f privilege of 
 
 raruament. 
 
 privilege of Parliament is concerned, does iiot belong to 
 the Judges, but to the House itself, and the cases brought 
 forward in support of that doctrine are, first, a case in the 
 27 Henry VI. of a controversy between two Earls, as to 
 precedency. The King, by the advice of the Lords, 
 referred it to the Judges to examine and report upon, 
 not finally to determine, but as Assistants to the Lords. 
 But the Judges made answer " That it was a matter of 
 ** Parliament, and belonged to the King and Lords, but 
 " not to the Judges." 
 
 The other case was that of Thorpe, the Speaker 
 of the House of Commons, who had been committed 
 to prison during the Recess. The Lords enquired of 
 the Judges (who, be it remembered, were, in both cases, 
 in the Lords' House, attending upon them, as regulated 
 by law,) whether Thorpe could be delivered by privilege 
 of Parliament, the answer was, that it was not for them to 
 decide the privilege of Parliament, but for the House 
 itself id), and they were right, in as much as they were 
 attending the liords at those times — but these cases do not 
 
 Thorpe's case. 
 
 (c) Saundnrs' Reports, 131. 
 
 <d) Rot. Pari. 31 & 32 Henry VI. 
 
 R 
 
4G 
 
 OF THE PRIVILEGES 
 
 I III 
 
 I 
 
 Because. 
 
 affect their right of deciding a question brought before 
 them at Westminster Hall, as is proved by the cases 
 above cited, and many others (e). Thus we see it is 
 unavoidable that the privileges of Parliament should be 
 considered in Courts of Law, for the Lords or Commons 
 might claim a privilege which did not belong to them, 
 and there would be no redress ; for although each House 
 has exclusive jurisdiction in a direct case, where their 
 I'riviiegc must undoubted privileges are violated, yet that right does not 
 
 bomrtiines be i o ,/ rs 
 
 considor.d in a extend to cases that are not sanctioned by law : and although 
 
 Court of Law. , /.,.,. 
 
 they may misjudge and improperly decide in their own 
 favour (as in the case of Stockdale and Hansard,) yet it 
 will not be conclusive in Courts of Law, but like other 
 fnistakcn decisions, be pronounced no ^?r/y<7f^c. For ihe 
 House by voting a claim to be a privilege do not make it 
 such, unless it is found to be so upon examination of the 
 proper authorities {f). And as to the clause in the Bill of 
 Rights {g) on this subject, it does not uphold a claim of 
 this kind, but by its guarded expression, and limitation to 
 proceedings in Parliament, defeats it (Ji). 
 
 The proper ground to decide upon the question as to 
 whether a case that arises of a doubtful nature, be a breach 
 of privilege, is to discover a precedent of a similar case 
 having occurred in both Houses — but no Resolution of 
 one House can make a legal privilege. The law of Par- 
 liament may be expounded from time to time, but cannot 
 be altered or extended but by the authority of the whole 
 Legislation {i). 
 Priviifiire how to Tlio determination and knowledge of privilege of Par- 
 
 l)« ilctermined ^ t> ^ tt 
 
 ituii Ucoiared. liamcnt belongs to the members ot the two rlouses res- 
 
 (f) Sir O. Brifljnian'8 Judgment in Bcnyon & Evelyn. — T. 14 Car. IT. KoL 
 255S ; and Lord Elleuborougli iu Burdett v. Abbot, 14 East. 140. 
 
 (■/) Sou Clar. Ilcb. v, 2, p. 398. {g) I VVm. & Mary, eesg. 2,ch. 2, e. 1. 
 
 (h) Sco also the cases of Shirley & Fagg (1075^ ; King v.KuolIys (.1C97) } and 
 WIHes'Rcp. 597. 
 
 CO 2 State Trials, 015. 
 
 How to decide 
 whether a caise 
 be a breach of 
 privilege. 
 
 i A 
 
 I 
 
 m 
 
PECULIAR TO THL COMMONS. 
 
 17 
 
 pectively, but in declaring this law they must act judicially, 
 and are under a solonrin obligation jus d'ucrc and not jus 
 dure (/■;). 
 
 It is said by Scldcn (/) that a breach of privilege com- Rrpiichof privi- 
 mitted in, or against one rarliament, may be punished in bo punished in 
 
 ,t ]• another Piirlia- 
 
 another succeeding one. n,c„t. 
 
 In thus endeavouring to define the limits and extent of iipsoiutions of 
 
 ,-» ,. ..,,., , , one briuirh of no 
 
 parliamentary privilege, there is also another manner by power in law. 
 which the privilege of one branch of the Legislature may 
 be invaded by the other, and that is, by either branch 
 taking upon themselves to suspend the Execution of the 
 Law in a certain case, — or attempting to give their own 
 Resolutions the power and authority of a decision sanc- 
 tioned by the three Estates. 
 
 At different periods of English History attempts of this 
 kind have been made and strenuously insisted upon by the 
 invading parties, but they have always been met with 
 such determined opposition by the other Branches, as have 
 prevented their recurrence, and generally crushed them 
 in the bud. 
 
 By a statute of Edward the HI, a declaration Is made Every measure 
 that every legislative measure not sanctlon6d by the con- jjoned byXj 
 sent of the King, Lords and Commons, shall be void ; *'"^*=^ Estates, 
 and by the 13 Car. II. ch. 1. it is enacted, that if any 
 person shall maliciously or unadvisedly affirm that both 
 or either of the Houses of Parliament have any legis- 
 lative authority without the King, such person shall incur 
 the penalties of a prccimmire. 
 
 The justice of these enactments, has, with a few ex- 
 ceptions, been universally acknowledged. And these 
 exceptions have principally arisen in the Lords and Com- 
 mons, who have each, in their day, attempted to enforce 
 their claims in this respect. 
 
 <k) Dwar. 70. 
 
 (0 C. J. 17 Feb. 1625. 
 
48 
 
 OF THE PRlVILF.Or.S 
 
 KirifrsofEii^lund 
 nirffiil of tliia 
 ri'.'lil. 
 
 
 Tlic House of 
 Lords hnve 
 attempted togive 
 their Resolutions 
 tlie force of law. 
 
 And also the 
 Commons. 
 
 How a Court of 
 I>aw should treat 
 such an assump- 
 tion. 
 
 Kings of England liave — long before the passage of the 
 clause in the Bill of Rights expressly guaranteeing it, — 
 abstained from imposing taxes without the consent of 
 Parliament, — even at times when every inducement Mas 
 operating in their minds to resort to such a course, hi'd it 
 been lawful : they have solicited assistance from the 
 bounty of individuals and of Parliament, without any salvo 
 of their right : moneys which the Crown has obtained 
 without the common consent, have been recovered by 
 suits at law. And Kinofs have acknowledfred in Par- 
 liament, the impropriety of infringing upon this undoubted 
 privilege of the subject. 
 
 And it is obvious that the liberties of a country, how- 
 ever cautiously provided for by existing institutions, wou'd 
 remain in an insecure position, if it were in the power of 
 the Sovereign to change the laws, or to suspend or dis- 
 pense with them at pleasure. 
 
 The House of Lords has often, as the annals of our 
 Judicial History will show, attempted to assume to them- 
 selves powers with which the Constitution has not in- 
 vested them, but in every case they have met with a 
 resolute and successful resistance.* 
 
 The House of Commons, also, has made several similar 
 attempts. During the reign of Charles H. they promul- 
 gated their opinion that a particular branch of the law 
 should not be put in execution ; and Burnet observes upon 
 this proceeding that it was thought to be " a great invasion 
 " of the rights of the Legislature, and to be acting like 
 " Dictators in the State." 
 
 The manner in which a Court of Law should treat every 
 assumption of the kind, by one branch of the Legislature, 
 of those powers which belong only to the whole when 
 
 * Sec the case of Skiuncr and the East India Company ; the case of the Ban- 
 bury Peerage ; the case of Bridgman & Holt ; and see Hargrave's Preface to 
 Hale's Jurisdiction of the House of Lords. 
 
OF TIIK HOUSE OF COMMONS. 
 
 49 
 
 ;,.:iii( J ^^- i.^ pronorly cxprcsseJ I'y Lord MansPiulJ. in the 
 i )(.•!;. ir i^pou the AdJro.ss, A. 1). J 770. Ho said, fliaC 
 
 • DccUrations of huv, made by ciliicr House, were always 
 '•attended with bad eiVctts, thaL iie con laiit^v opposed 
 "them wlicii \iv liac. an »)ppo:t.tni'y, </?/'^ .iricr, J.; his 
 *' liuhcial ciipa-irt, i')'>v,,'it himselj' houdd to hvnuur ihvni 
 " with th .'".■;.. Irst r.- / ^i/i.''* 
 
 Procr-cdinr-- of lu'.s kiiid w'll often cccar in bodies pos- (.•ouciu.-iun. 
 scssfu; o.'s-i.cii cxtenoivc powers as the individual parts of 
 the Le'Tislaiurc; ; when, losing siglit of the limits that arc 
 plaectl niion the proceedings of each, and arrogating to 
 tliemseU-.s thu power of the whole, they endeavour to 
 usurp th: L which the traiisient excitement of popular feel- 
 tit^ has tauirht them to believe their own. Forgettin"; the 
 observation of Sir Edward Coke, tiiat it is the first duty 
 of Parliament to set an example of justice to inferior 
 Courts (;«). 
 
 It is not by either House assuming to itself the power of 
 the whole, — nor l)y their resisting the power of the Judges 
 as an important and mdependent branch of the State, that 
 the purposes and ends of justice will be accomplished, or 
 the dignity of Parliament upheld ; but it is by each House 
 maintaining unimpaired its own privileges, and resisting 
 encroachments upon them by others ; and by the Bench 
 standing in its place in the gap, to stop the progress of 
 either House in an attempt to enlarge that privilege to an 
 unlimited and dangerous extent : it is by this, and this 
 only, that tlie liberties of the people of England can be 
 handed down by us to posterity, as we have received them 
 from our forefathers, — and Britain be still preserved in 
 the enjoyment of those blessings secured to her by her 
 Constitution. 
 
 * See also Debates in Lords and Commons, on the power of the Coiunious to 
 suspend the execution of the Law, A. D. 1761. 
 (m) Lex Constitution. 161. 
 
( 50 ) 
 
 C H A P. II I. 
 
 I 
 
 Speaker of llic 
 Lordb. 
 
 ■Ji 
 
 ^e the ^prafter. 
 
 OF THE SPEAKER OF THE HOUSE OF LORDS. 
 
 The vSpeaker of the House of Lords, whose office it is 
 to preside there, and manage the formality of business, is 
 1116 appointiiicut j]ie Lord Chancellor, or Keeper of the King's Great Seal, 
 ex officio, or any other appointed by the King's Commis- 
 sion {a), and if none be so appointed, the House of Lords 
 may elect one {h) : l^ exercise of this privilege has never 
 been called forth ii British House of Lords, but an 
 
 instance of the kind is mentioned as having occurred in 
 the Irish Parliament (c) ; although a Speaker pro tempore 
 is often chosen during the absence, for a time, of the Lord 
 Chancellor, &c. {d) 
 
 The usage of the House of Peers with respect to their 
 Speaker, differs but slightly from that of the Commons — 
 the principal points of difference are as follows : 
 
 The Speaker of the House of Lords need not* be a 
 Member (e) ; and if he be a Member, votes in common 
 
 (a) Standing Order H. of L. iii. ; and in Canada, sec 31 Geo. HI. ch. 31, s. 12. 
 
 (b) S. O. H. of L. iii. ; and sen L. J. 6 June, 16C0. 
 
 (c) Ld. Slountmorres, Hist, of the Irish Purlt. v. 2, p. 108. 
 
 (d) L. J. V. 30, p. 145 ; v. 37, p. 449, Ac. 
 (c) L. J. V. 52, pp. 7, 100, &c. 
 
 * When ho receives his appointment by virtue of the King's CommissioD, h« 
 not only need not be a member of the House of Lords, but his being a Member of 
 the House of Commons has appeared to be no hindrance. For in 1835, Sir C. 
 Pcpys, Ma&ter of the Rolls, and a Member of the H. of Commoos, sat ai Speaker 
 during the temporary absence of the Lord Chancellor. 
 
 Hi* voting. 
 
OF THE SPEAKER. 
 
 fil 
 
 with the rest (/) ; he lias no castlnpj vote, for, nrcordinc: a.uI .peakioc. 
 to the constitution of the House of Peers, in tho case of 
 an ecjuality on any subject, the nays liavc it (if). 
 
 If he bo not a Peer, he may neither sprak to the ques- 
 tion, nor vote on it; but being a Peer, If ho in desirous of 
 giving his opinion, he must leave tho woolsack, nntl go to 
 hia placo among that rank of Nobility to m Inch ho be- 
 longs (//). 
 
 The person appointed to this office by the King, in the 
 event of the absence of the Lord Chancellor or Lord 
 Keeper, is always a legal functionary of high rank, which^ 
 from tho judicial powers of the House of Lords, is oi 
 course necessary. 
 
 OF THE SPEAKER OF THE HOUSE OE C03IM0NS. 
 
 In order to enforce the forms and rules of the House, 
 
 , , 1 1 • • 11 Spcrilirr of the 
 
 and to act as the organ and mouthpiece in all matters, a comin«iis. 
 
 Speaker is chosen by the Commons, at the commencement 
 
 of every new Parliament, or when a vacancy occurs by 
 
 death or otherwise. The Member chosen for this high 
 
 and honorable office, is styled " The Speaker," because it 
 
 is his business to speak to, or address the Ivin"^ in the name }}\^- ci"<'<' 
 
 of tho House, when occasion requires ; and during his 
 
 absence, no business can be transacted by the House, nor 
 
 any (j.uc3tioa moved but that of adjournment. 
 
 I. As to his Election and Presentatian. 
 
 The Parliament having assembled, before the cause of 
 summons is declared, the Commons are commanded, in the jj-j g,^, 
 name of the King, to choose a Speaker, and present him 
 to His Majesty on a certain day — and the Commons 
 
 ction. 
 
 (f) 1 Bl. Com. Is J. 
 
 (S) E. J- 'i'o June, IGCl — 2;; June, lcl6. Leu's Patout. 
 
 ih) 3. O. H. of L. ii. 
 
 
62 
 
 OF THE SPEAKER 
 
 I 
 
 being assembled in their own House, a member reminds 
 them of the charge given them, and moves the appointment 
 of one. The forms of ihe election require that the person 
 proposed should be present in the House when he is no- 
 minated {i) ; and it is to be desired in order to avoid future 
 inconvenience and trouble, that he be a member upon 
 whoso seat there is no probability of a question arismg. 
 
 When but ono person is proposed, and no objection 
 made to him, it has not been usual (/.;) to put any question 
 to the House, but members proposing, conduct him at 
 once to the chair. But if any objection be made, and any 
 other person proposed, the sense of the House must be 
 taken by a question thereon, which is put by the Clerk. 
 On a division upon the question for Speak< r, the House 
 divides, as in committee, to the right and left, and tellers 
 are appointed by the Clerk. As soon as the Speaker is 
 chosen, and in the Chair, the Mace should be laid upon 
 the table; for the House cannot proceed to the election of 
 Speaker without the Mace (Z). 
 , whoa ^^ ^^® been usual for persons, when proposed to bo 
 Speaker to decline the office " from a sense of their own 
 insufficiency," and "even on the steps of the Chair to beg 
 the House to excuse them" [m) ; at the same time it was 
 the practice to request permission to plead his excuses 
 and inability to discharge the office ♦' in another place," 
 and this the Speaker was wont to do upon b.ing presented 
 to the King. 
 
 If the House do not come to a decision upon the ap- 
 pointment of Speaker the same day, the Clerk puts the 
 Speaker chosen, ^^^^^i^^ ^c adjournment (n). The House has debated and 
 exchanged messages with ihe King for a week, without a 
 
 elected. 
 
 House may ad- 
 journ before 
 
 (t) 2 Hats. 207. 
 
 (I) Dwar. 58. 2 Hats. 208, 
 
 (n) 6 Grey, 406, 
 
 (k) 2 Hats. 207, 
 
 (w) SeeC. J. 3Nov. 1761. 
 
OF THE IIOL'SE OF COMMONS. 
 
 o3 
 
 Spe:-.ker, till they were prorogued (o). Tiicy have also 
 done it dc aie in diem for fourteen days (7>). 
 
 When a Sneaker has, from confhiued illness, been una- f pc;\kcrs ripot.';! 
 
 ' ill tho nii'ldle ol 
 
 blo to dischariTc tlie duties of ins office, the House have a ruiiiai . -nt. 
 
 diicliar^'cd him, and elected anot'.er — as in tlic case of Sir 
 
 John Cheney, 1 Henry IV,, and Sir John Tyrrell, Jan. 
 
 27, IG JG. Also, a Speaker, for having offended the House 
 
 by an indiscreet speech, has been discharged (Stourton, i 
 
 Henry \.) ]]ut Speakers so elected on vacancies should 
 
 bo presented to the King for his approval {q), but confine 
 
 themselves to making their own excuses, and not re-demand 
 
 the privile^res, for that bein*]: a demand nfrisht ir) should ''''""''**"'»' i""" 
 
 i o ' o u/ C3 V y tempore. 
 
 be made but once — at the beginning of a Parliament {s.) 
 
 If the Speaker should be taken temporarily ill, or bo 
 necessarily ei^-^iged upon some important duty \vh'ch 
 renders his presence in the House impossible, it has 
 been the practice to elect a Speaker jjro tcmjwrc, to 
 serve during his absence [t). Upon attentive examina- 
 tion of tiie usage in this respect, llie correct mode of pro- 
 ceeding in such a case seems to ', j this. The gentleman 
 proposed as Speaker ^ro te7?i., should be elected with all 
 the formality of the other Speaker, and in like manner bo 
 conducted to the Chair, and there plead his insufficiency 
 (v). He should receive all the honor and profit of the 
 situation [iv). If the absent Speaker return to his duties 
 during u.e Session, the other should resign his seat to him 
 without any formality, or notice thereof on the Journals 
 {x.). And, if the real Speaker should die without retaking 
 liis seat, it would be necessary, provided the House desires 
 to retain the other in his office, to re-elect him (y), he 
 having been chosen merely 2>fo tern. 
 
 (0) ti Grey, iW. 
 (q) EL-y. 2,")4, &c. 
 (s) I)i', ;ir. '-2. 
 (e) C. J. 27 Jan. 1636. 
 
 (p) 1 ChauJ. 331, 335. 
 (r) C.J. 11 March, 1001. 
 (t) C.J. 13 Jail. 1659. 
 (ic) C. J. 27 Jau. 1C56. 
 
 (■l) As uiipearo from the absence of any such notitc. 
 (v; C.J. Mar. 1058. 15 .\pril, 1 059. Mr. Banipficld. 
 
 41 
 
51 
 
 OF THE SPEAKER 
 
 Prosontrttion to 
 tlic Kin''. 
 
 : i H! ! 
 
 For noccptanco 
 or rcftisul. 
 
 OInims privi- 
 
 Fmodom from 
 Airest. 
 
 FiPfdoiu of 
 S|i(>«'c(i. 
 
 Being chosen, the Speaker is presented to the King in 
 the House of Lords, and for form's sake, used to excuse or 
 as it is more quaintly expressed " to disable himself" {z)f 
 and he still expresses a difRdence of his capacity to exer- 
 cise so great a trust. To the Speaker's excuse the 
 Chancellor was accustomed to reply in an answer of com- 
 pliment and encouragement, but he now shortly informs 
 the Commons that His Majesty approves their choice. 
 But instances have occurred of the King exercising his 
 prerogative in refusing to approve of the Speaker, or in 
 accepting his excuses — as in the case of Sir John Popham, 
 who pleaded his age, and was disallowed (a),— and the 
 cases of Sir Edward Seymour (in 167S) and of M. Papi- 
 neau, in Lower Canada, who were not accepted (b). 
 
 The Speaker then claims from the King the ancient 
 privileges of the Commons; "such petition, or prayer," says 
 Hatsell, " was considered as a public claim and notification 
 " to the King and to the people of the privileges of the 
 " House of Commons, solemnly made in order that no man 
 " might plead ignorance.^ (c) The privileges claimed are : 
 
 1. Freedom from arrest and disturbances. 
 
 The first Speaker who made this claim, was Sir Thomas 
 Gargrave, anno 1 Elizabeth, although the privilege did al- 
 ways belong to the Houses of Parliament {d). — and also to 
 servants of the members, until taken away by 10 Geo. HI. 
 ch. 50. 
 
 For an account of this privilege see ante page 22, as to 
 Peers — and page 34, as to Members of the House of Com- 
 mons. 
 
 2, Freedom of Speech in their own House. 
 
 Thomas Moyle, Esq. is said to the first Speaker who 
 made this claim — (33 Henry VHI). But, though not 
 
 (:) C. J. (1 Nov. nr,l. (a) ELsy. 255, 25G. 
 
 (b) .1. ir. ofC. Uu^ : and Journals I^wer Canada, 20 Nov. 1827. 
 ((■; 2 Hats. 210. (d) Elsy. IH-l. 
 
 I 
 
OF THE HOUSE OF COMMONS. 
 
 55 
 
 finally claimed, says Elsynge, neither was it over denied 
 
 the 
 
 in. 
 
 ^s to 
 \om- 
 
 \n\io 
 not 
 
 TJjis i)rivilerre, so essential to the very existence of a firowiii »f ihia 
 
 ° . '' riivilc'c. 
 
 free Council, was frequently cavilled at by the Courtiers 
 in the reigns of Queens Mary and Elizabeth, as intrench- 
 ing upon the royal prerogative, and the House in r<»nerul 
 acquiesced too easily in these t'jctrlnes. 
 
 The Parliament of James I. justly anxious that a privi- 
 lege so important should not be lost sight of, or suffered 
 to be wrested from them by the hand of arbitrary power, 
 made a solemn protestation to the King on the 18 Dec. 
 1621 {c), setting forth *' That the liberties, franchises, pri- 
 " vileges and jurisdictions of Parliament are the ancient 
 " and undoubted birux-right and inheritance of the subjects 
 " of England. * * * and that in the handling and proceed- 
 " ings upon the affairs of the realm, every member of the 
 " House hath, and of right ought to havu, freedom of speech 
 ** to propound, treat, reason and bring to conclusion the 
 " same." The King, unwilling to acknowledge the ex- 
 istence of a principle, which, though one of the dearest 
 constitutional rights of Britons, was totally inconsistent 
 with his lofty ideas of monarchical supremacy, sent for the 
 Journal book of the Commons, and with his own hand, 
 tore the obnoxious document from its pages. This weak 
 act was, however, futile, and while the principles con- 
 tained in that document are now part of the acknowledged 
 constitution of the realm — the tyrannical act of that mo- 
 narch is remembered, but to be condemned. 
 
 This indispensable privilege was expressly guaranteed Cascsof itsiuva- 
 at the Revolution by the Bill of Rights. The instances Crowu. ' '° 
 of its serious invasion principally occur, where they were 
 chiefly to be apprehended, from the power of the Crown. 
 Interference on the part of the executive would naturally 
 be regarded with greater jealousy, than any stupid con- 
 
 {€) Cutumous Jouruals. 2 lUpio, 21J, SIS. 
 
■111! 
 
 By otlicrs. 
 
 Frco access to 
 the King. 
 
 Favorable cou- 
 gtruction on 
 proceedings. 
 
 Otiicrs formerly 
 a&ked. 
 
 Tiiat their com- 
 plaints might be 
 prariously re- 
 ceived. 
 
 56 
 
 OF THE SPEAKER 
 
 tempt, or peiv'jrso obstruction from otlicr quarters. Still 
 there can be no reasonable doubt, that any attack or reflec- 
 tion from any other quarter, cither upon the House collect- 
 ively, or upon the Members who compose it, as individuals, 
 for any motion, debate, question, resolution, statement made, 
 or decision come to, in the rcgidar course of iiarliamcntary 
 proceeding {/), would be equally visited with censure and 
 punishment, as involving an undoubted breach of useful 
 privilege [g). Accordingly, see the case of the committal 
 of one Darrycl for threatening a Member of the House of 
 Commons for a speech made by him in the House (A). 
 
 3. Free access to His Majesty. 
 
 It appears that the Commons ever enjoyed this privi- 
 lege (/), but Richard Rich, Esq., anno 28 Henry VIH,, is 
 the first Speaker who is recorded as having made the 
 petition. 
 
 4. That all their proceedings might receive a favorable 
 construction (/i;). 
 
 The Speaker who first made this petition is not record- 
 ed, although it appears that Sir John Cheney, anno 
 1 Henry IV., made a general request, that the Commons 
 might enjoy all their ancient privileges and liberties, not 
 naming any in particular ; and ho is noted to be the first 
 on record to have made such a request (/). 
 
 In addition to the usual claims, Sir Arnold Savage 
 (5 Henry IV.) further asked of the King, in the name of 
 the Commons, that they might freely make complaint of 
 anything amiss in the Government ; and that the King, by 
 the sinister Information of any one (m), would not take 
 offensively that which they should complain of, — which 
 
 if) 1 llur-liw. (i(k<. (;?•) Dwnr. 80, 81. 
 
 (/() Coimnons Joiiriiali:, Ic? Jaiu.'s I., \:l I'cbr.; and -jcc the case of F.oifcr, 
 mo'J, and bland, 15t'l. 
 (i) Eisy. nr.. Qi) 1 Rushw.-l!?!. 
 
 (/; a'-.ikew. -XVi. {m) Ilakcw. 203. 
 
vv Tin: HOUSE of common*. 
 
 o7 
 
 was granted by the King (n), and acted upon two years 
 after (o). 
 
 And Sir John TIptoft also, anno 7 Henry IV., asked li;;:;;^.*;,^;"''^"'' 
 further, that if any writing were dchvered by the Com- 
 mons during tlie Parliament, and they should desire to 
 liave it again to amend anything tliereln, it might bo re- 
 stored to them, which was granted (;>) ; of which Hake- 
 will says (q), that " never any Speaker did the like before 
 or since." 
 
 But it is sometimes the practice for the Speaker to make 
 petition to the King in general terms, for (/// t/tcir ancient 
 2>riirilcgcs (r). 
 
 Thousifh the askinrjfor their privileges by the Commons Tin^^ f^'?''''.. 
 
 O a ID./ tlloii<,Mi :i l«irill, 
 
 from the King, be now but a matter of form, yet the peo- ^^'^'f^\ ''' "'^" 
 pie, in addressing their Sovereign, should ever approach 
 him with the reverence duo to his station, and not demand 
 of him their privileges as a right, or withhold asking for 
 them because they deem them in their possession. Such 
 a course was pursued by the Assembly of the Island of 
 Jamaica, and the Governor very properly dissolved the 
 Parliament (s). 
 
 On the return of the Commons to their Chamber, it is ?P"'^'^t"»">"'^P"|<'' 
 
 approval, aiul 
 
 the duty of the Speaker to report his approval by the <i»!ic.sOaiii. 
 King, and that he had claimed and been allowed their 
 ancient privileges. He then reminds the House that they 
 must proceed to take the Oaths, if it be the beginnin^^ efa 
 Parliament, taking them first himself [t). 
 
 II. His Rank, Salary, ^r. 
 
 Since the Parliamentary declaration of the rank of the nisUauk. 
 Speaker contained in the 1 \Vm. and Mary oh. 21 " That 
 
 (n) Elsy. It^l. 
 
 (;;) Rot. Pari. 7IIcn. IV. 
 
 (r) Elsy. MO. 
 
 («) Sec Annual Register for 1705, p. liU. 
 
 (() C.J. V. 50, !>. 7, if. 
 
 (o) Uwar. 72. 
 
 («/) JIakow.iiOl. 
 
OS 
 
 OF THE SPEAKER 
 
 Power. 
 
 Emoluments. 
 
 Perquisites. 
 
 " Lords Commissioners for the office of Lord Clianccllor 
 " or Keeper of the Great Seal, shall have precedoncc next 
 " after the Peers of the realm, and the Speaker of the House 
 •' of Commons," the Speaker has constantly taken place 
 next to the Peers, both in Parliament and during the 
 recess (u). 
 
 He is the great functionary of the Commons House ; 
 indeed, this branch of the Legislature is in most respects 
 entirely regulated by him. 
 
 His emoluments formerly did not amount to more than 
 <£3,000 per annum ; in consequence of which, some 
 Speakers held, at the same time, Offices under the Crown; 
 so sensible, however, did the House at length become of 
 the inadequacy of the salary ; and so justly jealous of the 
 dependence of their Speaker upon the Executive part of 
 the Government, that the sum was doubled {w), making 
 his Salary together with his fees, amount to about «£8,000 
 a year ; but by the Statute 4 & 5 Wm. IV. ch. 70, his 
 salary is reduced to ^65,000. 
 
 In addition to this, the Speaker receives <£1,000 of 
 equipment money, and 2,000 ounces of plate,* immediately 
 on his election j two hogsheads of claret wine, and «£100 
 for stationary annually ; besides a house, with extensive 
 offices {x). During the Session he holds Parliamentary 
 levees, which are attended by the Members, dressed in 
 full court costume, with bag-wigs and swords, — and gives 
 dinners in a princely style, for which he has a separate 
 allowance ; to which all the Members are, in turn, invited. 
 
 As to Lis authority in the appointment of the Officers of 
 the House, see Chapter XVII. OJicers, ^c. of both Houses, 
 
 (p) 2 Hats. 23G. («,) By 2 & 3 Wm. IV. ch. 105. 
 
 (r) Key to both Houses, 846. 
 
 ' Dy a recent arrangement, the service of plate is to be considered !iis property 
 only whilst he fills the situation, and on his retirement it is to be huudcd over to 
 his succesjor.— Jlirror olTarlt. 1^35, p. l'J8. 
 
i 
 
 OF THE IIOUSK OF COMMON'S. 
 
 jntary 
 5(1 in 
 
 Dives 
 
 11 
 
 III. His Duties scncrnlhj. livy^Y„. 
 
 1. To take tlio Chair, which he cannot Jo until there is 
 
 a quorum; and to aiijourn the House it there be not a quo- Chair, 
 rum, without a question first put. Also, to resume the 
 Chair in the midst of a Committee for the same reason. 
 
 2. To maintain order ; to name a disorderly Member, Minntiiinhi" 
 who then receives the censure of the House (jy). [In ^'^'^^■'> '^^• 
 what manner, &:c. sge Chap. IV. On Manhcrs [of the Ilotisv. 
 
 of Co})imo?is).] Also, to thank and reprimand Members 
 and other persons [z). 
 
 3. To make a plain and short narrative of the effect and To c.vpinn uii 
 
 ' . Huh. 
 
 objects of every Bill before the House, from a Ereviate to 
 
 be given him for that purpose, but not to dissuade or 
 
 persuade. 
 
 4. To put the House in mind of the sittlnj^ of Commit- Remind the 
 
 ... Iluuso. 
 
 tees (a), and other things necessary for then- information, 
 and to state to the House whether any alterations that may 
 be made by the Lords to a Money bill, come within the 
 allowable limit (If). 
 
 5. To report to the House the King's speech ; and to S|,on, ii ,„i i)r(-. 
 address the King on delivering the Bills of Supply on the Uiii. 
 
 last day of the Session, or any bill for the particular ser- 
 vice of the Crown during the Session (c). This speech 
 may either be immediately arising out of the subject mat- 
 ter of the bill itself, or it may recapitulate the principal 
 objects which have employed the attention of the Com- 
 mons during their sitting [d). This speech is not entered 
 upon the Journals unless by order of the House (c), nei- 
 ther are his speeches on reprimanding or thanking per- 
 sons (/). 
 
 ropcrty 
 over to 
 
 (y) See instances in C. J, 5 May, ICll ; 22 J;in. IGOS ; and 27 Feb. ItlO. 
 
 (i) See last vol. Index to C. Journals (Speaker). 
 
 («)Hak«w. MO. (6) C. J. 22 June 1rJ;]l, ll'iJ, 13 .^-i t, 1 : jl , 
 
 (c) 3 Hats. 145. (d, Dwar. 214, Qi:,. 
 
 («) Index, C. J. (Speaker). (/) 2 U.iU. '-I'O. 
 
I 
 
 
 I 
 
 It I 
 
 Aiidrcssc^. 
 
 Ti) issiio War- 
 r.'iiits ilnriiiif 
 llccpss for uow 
 Llcctioiii,. 
 
 And appoint a 
 Coiniaisiio;i to 
 lio feu. 
 
 CiistiuL' vote. 
 
 GO 
 
 OF THE SPEAKER 
 
 6. To present Addresses to the King, passed by the 
 House. Sec Chapter Xlll. On Addresses. 
 
 7. To issue his warrant* during the recess, upon duo 
 notice being given him by a certificate signed by two 
 rncmbersf, for the election of a new Member in the place 
 of one who may vacate his seat by death, or the accept- 
 ance of a peerage ; but this is not to extend to any case 
 where there is a petition depending for such vacant seat ; 
 or where the writ for the late member had not been returned 
 fifteen days before the end of the last sitting of Parlia- 
 ment ; or when the new writ cannot issue before the next 
 meeting of the House for despatch of business {g). And 
 by a later act (//.), he may cause a writ to be issued for a 
 now election in the place of a Member who has been 
 declared a Bankrupt, and has not superseded tlie^«^ of 
 bankruptcy within twelve months after it is Issued. These 
 are the only cases provided for by statute ; so, for any 
 other species of vacancy, no writ can issue during a recess. 
 And to [Prevent any impediment in the execution of these 
 acts by the absence of the Speaker from the Kingdom, or 
 by the vacancy of his seat, he must appoint, at the begin- 
 ning of every Parliament, any number of Members, from 
 three to seven, who shall have the same authority for this 
 purpose, in his absence, as the Speaker himself («"). 
 
 The Speaker cannot give his opinion, or argue any 
 question in the House, unless the numbers upon a division 
 are equal, when he has a casting vote ; and it is usual, in 
 giving this vote, for the Speaker to slate at the same tia:e 
 the reasons which influence his opinion. But if he is in 
 the possession of any facts necessary for the information 
 of the House, he may, with leave of the House, state 
 
 * For the form of the Speaker's Warrant for issuing Wih for New Election 
 on a Vacancy, sec Appendix I. 
 1 l"o;- tlic form of this Ccrtilicatc, sec Appendix II. 
 (g) 24 Geo. ill. i;cs,s. Q, ck. =JG, s. I.'. {It] 5;.' Ceo. III. cli Ml, t>. 2. 
 (i; '^i Geo. 111. th. 'M. 
 
 f 
 
OP T!IK HOUSE OF COMMONS. 
 
 61 
 
 the 
 
 r 
 
 them (k). And when he rises up to speak, the Member speakiusi. 
 standing up should sit down that he may be first heard (/). 
 
 In committee of the whole House he is not obliged to 
 be present {m) ; and when he is, is considered as a private 
 member, and has a voice accordingly. 
 
 The Speaker is the servant of the House, who is to obey summary of hii 
 implicitly the orders of the House (n), without attending ^""«'•• 
 to any other commands. In matters of doubt, he is to 
 explain (o), but not to sway. In matters of difficulty, or if 
 he be referred to, to inform the House on a point of order 
 or praclice — it is his duty to state everything he knows 
 from the Journals or the History of Parliament, but not 
 to draw conclusions. In short, he has no voice,* but to 
 declare the sentiments of the House when he has ascer- 
 tained them ; to collect faithfully the genuine sense of a 
 numerous assembly, and " to represent their conclusions 
 ** with life, with lustre, and with full advantage" (^). 
 
 {h) 3 Grey, 38. 
 
 (/) To-vu. Col. 205; Halo's Pari. 133? and sec Mirror of Parliament, ie3r-S, 
 p. 455. 
 
 (m) 2 Hats. 231. 
 
 (n) 2 Hats. 175, 6; 3 Grey, 310; 5 Grey, 133. 
 
 (o) 2 Hats. 232. 
 
 (p) Serjeant Glanvillc's Address when Speaker, Lords Journ. 1C<0. 
 
 * And the Speaker is said to be not only the mouth, but also the eyes and cars 
 of the House. Hence tho Speaker (Lentiiall) replied to King Charles I. when 
 commanded to disclose certain transactions in the House, "That he had ncithtr 
 *' eyes to ice, ears to hear, uor mouth to speak, but as the House should dir»xt 
 " liim." 
 
( ^-^ ) 
 
 ill 
 
 CHAP. IV. 
 
 <S>n 
 
 i^cmbers of the Ei»o T^omta oe J^tUament 
 
 mi 
 
 TiiF, Lords. 
 
 The Lords Spi- 
 lituul. 
 
 Number. 
 
 Their right to a 
 fcvatintlicHouiiC. 
 
 THE HOUSE OF LORDS.* 
 
 Is composed of Iwo branches, the Lords Sph-Itual and the 
 Lord,s Temporal. 
 
 T/iC Lords Spiritual at present consist of two Archbi- 
 shops and twenty-four Bishopst (exclusive of the Bishop of 
 Sodor and Man,| who is not a Lord of Parliament) with, 
 four spiritual Lords from Ireland. 
 
 The right by which the English Bishops sit in the 
 House ailx's from their holding certain Baronies under 
 
 *' Thu appellation or title of Lord is due, and is given to all that ate temporal 
 or spiritual barons of the realm. Cnmden, in his Britannia (\^. 1GB), says, that 
 iu the Suxou Glossary pf Alfricus, among tlic terms of honour, the word dominus 
 is translated Hlaford, >vhich we have contracted into Lord. The title of Lord is 
 given by courtesy to nil the sons of dukes and marquises, and to the eldest sons 
 of earls and to none under, — but they arc not so styled in legal proceedings or 
 courts of justice. 
 
 t Some changes have recently taken place in the English Bidiioprlcs, pursuant 
 to a Report of the Commission appointed to consider the state of the Et:tublished 
 Church, its several Dioceses in England and Wales — made on tiitt 17th March, 
 1835. Bj' this arrangement two new sees were erected, viz. Manchester and 
 Ripon ; but no increase is made in the total number of Episcopal sees, that of 
 Bangor being united with St. Asaph, and that of Gloucester with Bristol. This 
 Report was confirmed, and provision made for carrying it into eOcct by the 6 &> 
 7 Wm. IV. ch. 77. 
 
 X Tiiero is a scut for the Bishop of Man, detached from the other Bishops, and 
 within the Bar of the House of Lords, but he has no vote, because he docs not 
 liold "per integrant baroniam" his bishoprick being the gift of the Duke of 
 Athol, whose presentations are confirmed by the King. Were the Island, how- 
 ever, (us for treason) to become forfeit to the Crown, tlic Bishop, as holding bis 
 barisny from the King, would then have a vote as well as a scat. 
 
 J 
 
 
LORDS RPIRITIAL 
 
 C3 
 
 ihe Crown, nnnexed, or supposed to bo annexed, to tlieir 
 e])iscopal land^:, and for which they do homage on their 
 consecration. And it is in right of thcso Baronies, which 
 aro inaliciiablo from their respective dignities, that the 
 Bishops and Aijbots in the time of William tho Conc^ueror, 
 and ever since, have sat in the House of Lords (a). 
 
 Prior to ilie conquest it was otherwise, for they were Prior to ih« 
 
 . Cl)IHlU'"'t. 
 
 not then called by virtue of their Baronial Tenures (for in 
 those days all their Tenures were Franc Almonage,) but, 
 as Hakewill tells us, "that those chief and principal persons 
 " of the Clergy might be called, who, by their gravity, 
 *' learning and wisdom might best adviso what was tho 
 *' law of God, his acceptable will and pleasure, — that they 
 " might form their human laws answerable, or at least not 
 *' repugnant thereto." 
 
 When, shortly after the conquest, William altered the te- Reason of their 
 
 r> I o- I -1 1 r> 1 1 1 '1 1 tfiiurc hciii^ 
 
 nuro ot tho liishopncks to tho teudal baronial tenure, the maiic Uaromai. 
 clergy expressed great complaint and grief thereat, for,frora 
 thence forward, they were obliged to send persons to the 
 Wars; their Estates were subjected to civil charges and 
 assessments; and, which was then looked upon as a great 
 grievance and burthen, they were obliged to attend in 
 Parliament (h). 
 
 The learned Camden (in his Britannia p. 107. Edit. 
 1670) tells us, "That unto the Bishops by right and '^'"-''''"''''^"'* 
 " custom it appertalneth, as to Peers of the realm, to bo 
 *• with the Peers personally present at all Parliaments 
 " whatsoever, to consult, to handle, to ordain, decree and 
 " determine, in regard of the baronies which they hold of 
 " the King^ — and, ever since the Conquest, they have en- 
 " joyed all the immunities of tho temporal Barons, except 
 
 (a) Ilakew. 84; Dyer, 60; sco I!p. Waibuiton's Alliaucc between Church au<l 
 State,'lth£dit. p. 149. 
 (Jb) Sco Blatthow Paris, A. D. 1070. 
 
I ( 
 
 11 
 
 G4 
 
 ON MEMBLArj, &v 
 
 Aliltoti and 
 1*1 tor*. 
 
 Irish Prelatei. 
 
 •' that they are not to bo judged by lliclr Peers,"* and Uie 
 same opiuion is declared by Sclden (in liis Baronage of 
 England) and by Dr. Gibson in his Codex Juris Ecclesi- 
 astica Anglicani [c). Formerly there were twenty-six 
 Mitred Abbota,t and two Priors in the House of Lords ; 
 but they wore removed from their seats at the dissolution 
 of the Monasteries by Henry VHI. 
 
 By the Articles of Union between Great Britain and 
 Ireland, the Irish Prelates are represented by Jlur, who 
 sit in the House of Lords by rotation of session {d). 
 
 The Bishops are not, strictly speaking, Peers of the 
 realm, but only Lords of Parliament (c). But notwith- 
 standing the ancient distinction still continues, the Lords, 
 Spiritual and Temporal, are one Estate ; they mingle in 
 their votes, and a Bill would undoubtedly be valid which 
 should pass the House, though every Bishop were to 
 vote against it {J'). 
 
 Upon any question of Attainder, or of impeachment the 
 
 vote in ca»e»^of Lords Spiritual withdrawn before judgment is pronounced, 
 
 for by the Decrees of the Church,| they may not be judges 
 
 (c) See S. 0. 11. of L. xliv. (d) 39 & 40 Geo. III. ch. 67. 
 
 (e) S. O. H. of L. xliv. 
 
 (f) For instance the Act of Uniformity, 1 Eli?., rii. 2. 
 * For a Summary of the arguments and precedents for and against the right 
 
 of Bishops to be tried by tlieir Peers, see Professor Amos' Treatise on the Court 
 of the Lord High Steward, appended to Phillips' State Trials, v, 2, pp. 376 to 371>. 
 This learned and elaborate writer, after a careful examination uf the subject, 
 seems to incline in favour of the possession of such privileges by tliu Ri<;hop!>. 
 
 t The Mitred Abbots were not only exempt from the spiritual authority of the 
 Bishop of their diocese, but were, themselves, so fur possessed of the character of 
 Bishops as to be vested with Episcopal jutiif diction. The Abbots and Priors, 
 who, when Lords of Parliament, wore usually sly led Mitred, were all, perhaps, 
 incidentally, tliough not necessarily, entitled to wear the Mitre. They also sat 
 in Parliament, not on account of their Episcopal jurisdiction, but by a prescrip- 
 tion arising from the importance of their secular baronies. — (Brydsou's View of 
 Heraldry, 270, 271.) 
 
 I By a Canon establJshcd at the Council of Toledo. This Canon is said to 
 have been introduced into England by Lanfranc Uhc first Norman Archbishop), 
 confirmed in a synod held at London, and made a standiiiff rule of the English 
 Church.— See Burn's Ecclo. Jtaw, v. 1, pp. 219, 220; and Barrington's Obscrv. on 
 the Statutes, pp. 32, 173. 
 
 BIsiliops do not 
 Vote in cases o ' 
 life and death. 
 
LORDS SPIRITUAI^ 
 
 CI 
 
 fiat 
 
 prjp, 
 
 of 
 
 of life and death (g), nevertheless, they generally enter a 
 protest, saving their right to sit and vote, if the Canons 
 were out of the question (//). But by the eleventh Con- 
 stitution of Clarendon, they are required to bo present 
 until judgment is about to be given. 
 
 By the statute 31 Henry Vlll. ch. 10, it was determln- 
 
 J L TT 1 1 11 1 • VI r tr- Theirplnecsli 
 
 od that iiishops should rank immediately after Viscounts, iIicHoukc. 
 and have precedence of all Barons. Among themselves, 
 the Bishops of London, Durham and Winchester, take the 
 precedence, the rest taking place according to their priority 
 of consecration. But if any of them bo a Privy Coun- 
 cillor, he takes place next after the Bishop of Durham (t). 
 
 The precedence of the Bishop of London arises, not 
 only from his Diocese containing the metropolitan city of 
 London, but by his office of Provincial Dean of Canter- 
 bury. 
 
 The Bishop of Winchester's precedence, likewise, is 
 owing to his office under the Archbishop, being Sub- 
 Dean of the Province of Canterbury ; and it being his 
 duty, in case the see of London be vacant, to execute the 
 Archbishop's mandates for convocation, &c. 
 
 The Bishop of Durham's precedence arose, formerly^ 
 on a very different account. For until very lately, besides 
 his prelatical jurisdiction, he was Count Palatine of 
 Durham, being the only Palatinate remaining in the hands 
 of a subject. But by the 6 and 7 Wm. IV. ch. 19, this 
 jurisdiction was separated from the Bishoprick and vested 
 in the Crown. The Bishop of Durham, however, still 
 enjoys the precedence given him by the 31 Henry VlII. TLcirdrtji. 
 
 The parliamentary Costume of the Archbishops and 
 Bishops is the rochet or surplice, with lawn sleeves, and a 
 square Black cap. At coronations the Archbishop of 
 Canterbury wears, in addition, a superb cope, which 
 reaches from his shoulders to his feet. The mitre, crosier, 
 
 (ff) Ilakow. 81. 
 
 (h) L. J. vol. 13, pp. 193, SCO : vol. 15, p. 20?. 
 
 (i) 1 Ids'. &4. 
 

 
 6G 
 
 ON MEMBERS, &.c. 
 
 &c. have been laid aside since the Reformation, and are 
 now merely emblazoned on their coats of arms. 
 
 Lords Temporal. jy^^ Lords Temporal consist of all the Peers of the 
 realm, by whatever title distinguished, from Dukes to 
 Barons. Some of these sit by descent, as do all the ancient 
 Peers ; some by creation, as do all new made ones j 
 others, since the Unions with Scotland and Ireland, by 
 election — whicii is the case with the sixteeii Peers who re- 
 present the Scottish nobility {j), and are only chosen for one 
 Parliament; and the twenty-eight Temporal Lords elect- 
 led* for life by the Peers of Ireland (^)t. 
 
 Sit as Barons. Dukes, Marquiscs, Earls, and all other of the nobility, sit 
 
 together in Parliament as Barons, and in right only of their 
 Baronies. And, therefore, by the general name of Barons 
 
 (j) See Scotch Act, 1707, ch. 8, and C Anno, ch.23, which resrulates the mode 
 of ihcir election ; also ID Geo. H. ch. 38, s. 20 ; and 10 Geo. IV. ch; 7, s. 5,7, 8. 
 (k) 39 & 40 Geo. HI. ch. C7, 4th Article. 
 
 * Any claim that may be made to vote for the Rcpresentatire Peers of Ireland, 
 must be by Petition, stating the right on which the Petitioner founds his claim, 
 and praying that it may be admitted. If the claim be admitted, the Resolution 
 of the House allowing it must be transmitted to the Clerk of the Crowa in Ire- 
 laud.— S. O. II. of L. clx, clxi. 
 
 t There is no vacancy mode in the representation by a RcprcscnlatirC Peer of 
 cither Scotland or Ireland becoming a Peer of Great Britain. This rule, how- 
 ever, as respects the Scottish Pe<?rs, has been the subject of much contrary adjudi- 
 cation. The House of Lords having often annulled the election of Scottish Peers 
 accepting British Peerages (o), nad refused to allow them ^o vote at such clectious 
 (6). But on the 23d May and Cth June, 1703, the House resolved, that the votes 
 •of the Duke of Queensbury and the Earl of Abercorn (both of them Scottish 
 Peers, created since the Union) which had been tendered and rejected by the 
 Clerks in obedience to n former resolution of the Housei^-ought to have been 
 received J since which the practice has ever been, to receive, without objection, 
 the votes of Scottish peers holding British peerages ; so that now they can vote 
 at elections and also sit in the House of Lords. Neither does a representative 
 peer lose his elective, by accepting an inclectivi seat (c).--Bell's Diet. Law of 
 Scotland. 
 
 (a) L. J. 18 Dec. 1711— the case of the D. of Queensbury and E. of AbcrcoriL 
 L. J. 14 Feb. 1787. 
 (6) L. J. 21 Jan. 1708-9; 18 May, 1787; 21 May, 1788. 
 (c) L. J. U June, 17»3. 
 
 
L0RD3 TEMTORAI,. 
 
 r,7 
 
 of this realm, we do understand tlie whole body of the 
 nobility (/). 
 
 The number of Lords Temj5oral of England is indc- Tbtir numUr. 
 finite,* and may be increased at will by the power of the 
 Crown ; and once, in the reign of Queen Anne, no less 
 than twelve were created at one time, In contemplation 
 of which a Bill was introduced, in the reign of George I. 
 for limiting the number of the Peerage. But, though pas- 
 sed in the Lords, it was rejected in the Commons, whoso 
 leadmg members were desirous oi keepmg the avenues to limited, 
 the other House as open and as easy of access as possible. 
 It has been tried once or twice since then, but has always 
 failed (m). 
 
 With Scotch Peers it is different. By the 22 article of sSfotch peers 
 Union (in 5 Anne, ch. 8, sec. 12) the electors of the sixteen ''""''^'^• 
 representative Peers of Scotland are required to have been 
 Peers of Scotland at the Union. In consequence of which, 
 it is understood, the King cannot create a Scotch peerage, 
 with the elective right. 
 
 Th» restrictions under which the Kingr can create Peers . , , ... 
 
 ° And also Irish. 
 
 of Ireland, are as follows, viz : — whenever three Irish 
 peerages become extinct one new one only may be created, 
 until the number of Irish peers is reduced to one hundred ; 
 but the distinct peerage of Ireland is to be kept up to that 
 number, over and above such Irish Peers as are Peers of 
 the United Kingdom («). 
 
 None of the Royal Family are, as sucIj, Lords of Parlia- 
 
 ,,..,,, i-11'i-i-wi Roval Family 
 
 ment, except the Kmg s eldest son, who is by birth Duke noti.dr.is of 
 of Cornwall {o). As soon as the other Princes of the blood '"^ ''"'"^" ' 
 attain the age of twenty-one, they are usually called to a 
 seat in the House of Peers. They then no longer retain the 
 title of Prince, prefixed to their names, but assume the par- 
 
 (l) 2 IiKst. 61 ; Cam. Bril. 169 (Engl. Edit. IGIO). 
 
 * Tho House of Peers coosists at prcscut of about 430 Members. 
 
 (m) 1 Bl. Com. 157. („) 39 & 40 Geo. 111. ch. 07. art. 4. 
 
 (y) Rot. Pari. v. 5, p, 29J. 
 
li 
 
 68 
 
 ON MEMBERS, &,e. 
 
 f 
 
 
 ■ 1! 1 1 
 
 ,' i 
 
 Rritish subjects 
 cinnot receive 
 Ibroigu titles. 
 
 Pccrs'privilegca. 
 
 licular title by which they are empowered to sit iu Parlia- 
 ment. Their peerages in Great Britain are usually Duke- 
 doms : in Ireland, Earldoms: yet if they were only Baro- 
 nies, the Princes of the Blood Royal would still precede 
 all the other Peers and Lords of Parliament. 
 
 The law of England prohibits any subject of the realm 
 from receiving titles of honour or dignity from a foreign 
 Prince, without the knowledge, consent and approbation 
 of his own Sovereign ; for it is the right of majesty, and 
 among the ensigns of sovereign authority, to be the foun- 
 tain of honour to all his subjects.* 
 
 The Peers of the realm are, by their birth, the hereditary 
 Counsellors of the Crown, and it is on this account, accord- 
 ing to some of our law writers, that the law gives them 
 certain great and high privileges, such as freedom from 
 arrest &c., even when no Parliament is sitting {p), because 
 it conceives that t.iey are always assisting the King with 
 their counsel for the commonwealth, or keeping the realm 
 in safety by their prowess and valour (q). Their parlia- 
 mentary privileges commence from the teste of their sum- 
 mons to Parliament (r). 
 
 Besides the grand and general Council of Peers which 
 our ancient Kings were accustomed to convoke in cases 
 of emergency, it is looked upon as the right of each parti- 
 cular Peer to demand an audience of the King, and to lay 
 before him, with decency and respect, such matters as he 
 shall deem of importance to the Commonwealth. See 
 Chap. II. Privileges of the House of Lords. 
 
 * On a question touching the title of honour conferred by Rndolph II. Empe- 
 ror of Germany, on Sir Thomas Arundel of VVardour, Queen Elizabeth is said to 
 have made the following judgment : " Between princes and their subjects there 
 " is a most straight tie of aflfoctions. As chaste women ought not to cast their 
 " eyes upon any other prince than him whom God hath given them, I would not 
 " have my sheep branded with another man's mark ; I would not that they 
 " should follow the whistle of a strange shepherd." — (Camden's Eliz.) 
 
 (p) 12 Rep. 96. (q) 9 Rep. 49. 
 
 (r) Bacon's Abridgment, v. 6, p. 547. 
 
LORDS TEMPORAL. 
 
 69 
 
 Peers are now created by writ, or by letter3 patent (s)* j^^^^ ^^^^^ ^^^ 
 and no alien or denizen can be made a Peer, even though created. 
 hu bo naturalizedt {t). And no Lord is permitted to sit 
 till he arrives at the age of twenty-one {u). 
 
 By a standing order of the House of Lords, May 1G77, If„""^°,'t b'^^ic'-" 
 the Heralds are directed to take exact accounts, and pre- '^^''''*- 
 serve regular entries of all Peers and Peeresses of Eng- 
 land, and their respective descendents, and it is required 
 that an exact pedigree of each Peer and his family, shall^ 
 on the day of his admission, be delivered to the House by 
 Garter, the principal King at Arms. 
 
 Peers by descent may take their seat in the House if„w lUey tako 
 without introduction, payment of fees, or any other cere- 
 mony (r), but Peers claiming by limitation must be intro- 
 duced {w). 
 
 Though a Peer may be vested with several Peerages gevprni Ponragcs 
 (Dukedoms, Earldoms and Baronies) this does not, in !'" """^""^''!" . 
 Parliament, like the German principalities in the Diet, •''S'^''' 
 entitle the possessor to a vote for each, nor does it imply 
 any essential privilege which is not confered by a single 
 Peerage. 
 
 Peers are also obliged to take the oathst at the com- J*"f*''° ^''® 
 rnencement of a new Parliament, before they can sit in the 
 
 Einpc> 
 said to 
 Its there 
 Lst their 
 luld not 
 lat they 
 
 (8) I Bl. Com. 399. (t) 12 & 13 Win. IIL cU. 2. 
 
 (u) S. O. H. of L. xciii, (0)8.0. IL of L. Ixxxviii. 
 
 (k) Ibid, L^xxix. 
 
 * With the exception of the feudal Earldom of Arundel. |n 11 Henry VL the 
 possession of the Castle of Arundel was adjudged to confer an Earldom upon its 
 possessor (Scld. Titles of Honor, b. 2, eh. 9. s. 5). But now the Castle of Arun- 
 del, with the Estates and Dignities attached, is inalienably vested in the family 
 of the Duke of Norfolk. See Private Acts, 3 Car. L ch. 4 ; 37 Geo. HL cL. 40 ; 
 4lG.in.(U. K.)ch. XV. 
 
 t But see Chap. ViU. On Private Bills (Naturalization Bills). In the Canada?, 
 the Legislative Councillors, if aliens, must be naturalized by Act of the Imperial 
 Parliament, 31 Geo. III. ch. 31, s. 4 ; or by Provincial Act, which, however, must 
 be reserved by the Governor for the signification of the Royal pleasure thereon. 
 7 Goo. IV. ch. 68. 
 
 j The only oath required to bo taken by Legislative Councillors is thai of 
 Allegiance, as prescribed by iho Constitutional .\ct. Tor the form of it,seo 
 Jppcndix V, 
 
tmm 
 
 70 
 
 ON' MEMBERS, Ac. 
 
 I 
 1 1 
 
 Precedence. 
 
 House, or debate on any subject whatever (x). Any 
 Peer voting without having taken them, is liable to the 
 forfeiture of all his property, and two instances of such a 
 heavy infliction are said to be recorded on the Journals. 
 By statute, (13 Wm. III., ch. 6, sec. 10, 11 — and 1 Geo. I. 
 eh. 13, sec. 16, 17,) he is liable to a fine of .56500, and 
 is rendered incapable of sitting or voting in the House, 
 with other heavy penalties. But, In modern times, an 
 act of Indemnity is passed for him, originating in the 
 House of Lords (y.) 
 
 The Lords take their seats in the House in regular 
 order, according to their rank and precedence, which is 
 regulated by the statute 31, Henry VIII., ch. 10, — and 
 House. this order must be observed when the House is in Com- 
 
 mittee of the whole, the same as when the Speaker is in 
 the Chair (z), 
 
 Scotch Peers take precedence of British Peers of the same 
 rank, created since the Union with Scotland, and Irish 
 Peers created before the Union with Ireland ; in like man- 
 ner take place of British Peers created since. 
 
 Irish Peers of later creation than the Union, rank, accord- 
 ing to the date of their Patent, among the Peers of the 
 United Kingdom. 
 
 The Lord Chancellor, or Keeper of the Great Seal, as 
 Speaker of the House of Lords, when the King is present 
 stands behind the Cloth of state on the right hand ; but 
 when the King is not present, he sits on the first woolsack 
 in front of the Throne, the Great Seal and Mace being 
 placed before him. The Speaker of the House of Lords, 
 ex officio, ond the Deputy Speakers appointed by the 
 King's commission, have precedence of all other Peers. 
 OftboAesistanti. The Assistants and Attendants sit on the outside of the 
 woolsacks, and are never covered (a). The Judges sit. 
 
 (z) S. O. H. of L. 19 Mar. 1678. 
 (z) 8.O.H. ofL.xxix. 
 
 (y) Marquis of Lonsdowne, 1797. 
 (a) £l8y.98, 113. 
 
 
LOllDS TEMTUIIAL. 
 
 71 
 
 but are not covered till the Lord Chancellor signifies tho 
 Lords' pleasure thereon. As to the Judges, &c — sec chap. 
 II. As to Lords' p?'ivilcgc to be attended hy the Judges. 
 
 The Lords have ever appeared in their Robes on the nro«poi;' j 
 first day of Parliament, and whenever the King is present 
 (if they have notice thereof,) and when they give judg- 
 ment, and also, whenever the Royal Assent is given to any 
 bill by Letters Patent, or a Commission is sent to pro- 
 rogue or dissolve the Parliament (i); on all other occasions, 
 their dress is that of an English gentleman. The Robes 
 of a temporal Peer differ according to his rank. 
 
 The prevention of disorder, and the internal regulation Ordpr when the 
 
 * ... King is present. 
 
 of the House of Lords whenever His Majesty is present, 
 is regulated by the standing orders of the 19 December, 
 1720, and 22 Feb. 1733. 
 
 If a Lord of Parliament dies sedentc curia, or during a ncw Pocrs. 
 prorogation, and his heir is summoned, he does not appear 
 in his Robes, for that was done by his father on the first 
 day of Parliament, he only delivers his writ to the Clerk, 
 who enters it, the day of his appearance. If a Lord be 
 newly created during Parliament, he is introduced by any 
 two Lords of the same rank, in their robes. Garter going 
 before, — and his Lordship presents his Writ to the Lord 
 Chancellor. 
 
 On the third day of the sitting of Parliament, the nouso miicd 
 House is called by the Clerk, beginning with the ^a" "" ""''' 
 lowest Baron, and so ascending to the highest Peer, and 
 the proxies*' or other excuses (if any) of the absent Lords 
 are registered, and notice taken of such Lords as either 
 
 ay, and prox- 
 ies autercd. 
 
 (i) Elsy. title, Jppcarance. 
 
 * As to Proxies, see ante, p. 18. The proxy of n temporal Lord recites that !ie 
 has obtained license from the Kinj to make his proxy, but that of a spiritual 
 makes no mention of it. A Lord may be summoned with a clause that ho do not 
 make a proxy.- -Soldcn, v. 3, p. 1 17G. 
 
J ■ ^i 
 
 m 
 
 i: ' }i 
 
 72 
 
 ON MEMBERS OF THE 
 
 Mannprofcalling 
 tliu Ilousu. 
 
 Punishment for 
 non-uttcudaiice. 
 
 Prayers. 
 
 iiUeisauccs. 
 
 aking. 
 
 Qu.-irrels. 
 
 have not sent their proxies or are excused by His Majesty 
 for some time (c).* 
 
 According to the usage of Parliament, 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 so when the House sends a Com- 
 mittee to a conference with the Commons, the Lord 
 highest in rank is called first, and the rest go forth in like 
 order. But when the House is called over, for any purpose 
 within the House, or for the purpose of proceeeding forth 
 to Westminster Hall, or upon any public solemnity, the 
 call invariably begins with the lowest Baron. 
 
 If a Lord of Parliament do not attend in his place at 
 a call of the House, he is liable (like a Member of the 
 House of Commons) to be fined and imprisoned at the 
 discretion of the House (d). 
 
 Each day, before the commencement of business, 
 prayers are read by the youngest Bishop. Every Peer 
 entering the House after the commencement, must give 
 and receive salutations from the rest, and before sitting 
 down, make his obeisance to the Cloth of Estate (e). 
 
 In speaking, the Lords address themselves to the House 
 generally (as "My Lords") and not to the Speaker (J'). 
 And if any difference arises between them within the walls 
 of the House, when it is sitting, they must appeal to the 
 Lords fur reparation, and not occasion or entertain quar- 
 rels, under pain of censure {g) ; and if the House be not 
 sitting, the Speaker's command is to have the authority of 
 an order of the House [h). But from the full confidence 
 
 (f ) Elsy. 91. S. O. H. of L. xxvii. 
 
 (d) See Precedents of the Punishment of the Lords for this offence in L. J. 25 
 July, 13-20. 
 
 (c) S. O. H. of L. xi. (f) S. O. H. of L. xiv. 
 
 (aO Ibid, xvi. (h) L. J. vol. 9, pp. 110, 116. 
 
 * The King cannot by any Writ, or Charter of Exemption, absolve a Peer 
 from his atteudanec altogether, for ho is bound by his Writ of Summona tw 
 appear. — i lust. 49. 
 
HOUSE OF COMMONS. 
 
 73 
 
 reposed In their Lordships' high sense of dignity and pro- 
 priety, no apprehension Is entertained of any heat or Inde- 
 corunn being allowed to enter into any of their expressions. 
 The Peers of the realm are supposed incapable of exer- 
 cising their exalted privileges In any manner calculated to 
 give personal offence. 
 
 MEMOERS OF THE HOUSE OF COMMONS. 
 
 The House of Commons is the democratic part of our u^jj^.j. (,,. ^.^^y^, 
 
 Constitution, consisting of representatives freely nominated ^°^~- 
 
 by the people. 
 
 The number of Members has varied considerably since p,i.tanJ prcseut 
 the Commons first were admitted into Parliament as a ""'"^"^"^ "'' 
 separate Estate. In Fortescue's time, who wrote during 
 the reign of Henry VI., the House consisted of upwards 
 of 300 Members ; in Sir Edward Coke's time, their num- 
 ber amounted to 493. At the time of the Union with 
 Scotland in 1707, there were 513 Members for England 
 and Wales, to which 45 for Scotland were added, making 
 the number of representatives amount to 558. In conse- 
 quence of the Union with Ireland, in 1801, 100 Members 
 were added for that country, and the whole House of 
 Commons now consists of 658 Members. The Reform 
 Bill, though it made material changes in the distribution 
 of the elective franchise throughout the Kingdom, made 
 no alteration in the number of Members. The proportions 
 in which Members are returned, under the Reform Acts, 
 are as follows, viz. 158 for counties in England and Wales ; 
 64 for counties in Ireland ; and 30 for counties in Scotland : 
 338 for English ; 39 for Irish ; and 23 for Scotch burghs: 
 with 4 for the English Universities, and 2 for the Univer- 
 sity of Dublin. 
 
 The Universities were not, originally, empowered to uuivereities. 
 send burgesses to Parliament though once, in 28 Edw. I. 
 
nil 
 
 74 
 
 ON MEMBERS OF THE 
 
 when a Parliament was summoned to consider of the 
 King's right to Scotland, there were issued writs, which 
 required the university of Oxford to send up four or five, 
 and that of Cambridge two or three of their most discreet 
 and learned Lawyers for that purpose (i). But it was 
 King James I. who indulged them with the permanent 
 privilege of sending constantly two of their own body, 
 to serve for those students who, though useful members 
 of the community, were neither concerned in tlie landed 
 nor the trading interest : and to protect in the legislature 
 the rights of the republic of letters (k). 
 
 The right of voting for the election of a Member to 
 represent the University of Dublin is regulated by 2 & 3 
 Wm. IV. ch. 88, s. 60, 61. 
 
 The regulations of, and restrictions upon the election of 
 Members to serve in the House of Commons, first claim 
 attention. 
 
 I. As to who are disqualified from voting at Elections {J). 
 
 1. All who do not possess the necessary property quali- 
 fication {m). And see the property qualifications required 
 in Canada by the 31 Geo. III. ch. 31, s. 20. 
 
 2. Minors, or persons under twenty-one years of age, 
 by 7 & 8 Wm. III. ch. 25, s. 8. 
 
 3. All persons convicted of perjury or subornation of 
 perjury, by 2 Geo. II. ch. 24, s. 6 — or bribery, by 2 Geo. 
 II. ch. 24, s. 7 : 16 Geo. 11. ch. 11 ; 49 Geo. III. ch. 18. 
 
 Refusing to take 4. All pcfsons refusing to take the Oaths of Supremacy, 
 Allegiance, or Abjuration at Elections, or Affirmations 
 being Quakers (or Moravians, by 22 Geo. III. ch. 30) — 
 6 Anne, ch. 23 : but these oaths are abolished by 5 & 6 
 
 (i) Prynnc, Pari. Writs, v. 1, p. 345. (k) 1 BI. Com. 174. 
 
 (/) Priiicipnlly by 7 &. 8 Wm. III. ch. 25; 10 Anne, ch. 23; 2 Geo. II. ch. 21 ; 
 1-* Geo. II. ch. 18 i 31 Geo. II. ch. 14 ; and 3 Goo. III. ch. 24. 
 (m) Sco the Reform Acts, 2 & 3 Wm. IV. ch, 45, C5 & 88. 
 
 Election of 
 Members. 
 
 Who arc disqua' 
 lifiod to vote ut. 
 
 Property re- 
 quired. 
 
 Minors. 
 
 For Perjury or 
 Bribery. 
 
HOUSE OF COMJHoNj*. 
 
 7o 
 
 age, 
 
 I 
 
 Wm. IV. ch. 3G, s. G. — For the Oaths required to be taken 
 at an election in Upper Canada, see Appcidix III. 
 
 5. No one shall vote on any fraudulent grant. — 10 Anne 
 ch. 23, s. 1 ; 13 Geo. II. ch. 20 ; 2 Wm. IV. ch. 45, s. 5. 
 
 (>. Every voter shall have been in actual possession or 
 enjoyment for twelve calendar months previous, except it 
 came to him by descent, marriage, will or promotion. 
 
 7. No one shall vote on any annuity or rent charge, 
 unless registered twelve months. — 3 Geo. III. ch. 24 (w). 
 
 8. Only one person shall vote for any one house, to 
 prevent tlio splitting of freeholds — 7 & 8 Wm. III. ch. 
 25, s. 7 (o) ; except in any English city or borough (^>>). 
 
 9. In mortgaged or trust Estates, the person in posses- 
 sion shall have the vote. — 7 & 8 Wm. III. ch-. 25, s. 7. 
 
 10. No estate shall qualify a voter unless assessed for 
 twelve months previously to the Land tax 30 Geo. III. 
 ch. 35, the necessity for this is done away with by 2 Wm. 
 IV. ch. 45, sec. 22. 
 
 11. Where the Land tax has been redeemed, the free- 
 holder shall be entitled to vote upon proof of such redemp- 
 tion, without any registering of a memorial or certificate 
 thereof, 42 Geo. III. ch. 116, sec. 200—51 G. IIL ch. 99. 
 
 12. By 31 Geo II., ch. 14, no tenant by copy of Court 
 roll was permitted to vote es a freeholder; but by the 
 Reform acts the right of voting is extended to copy- 
 holders, lease holders and househclders, with certain pro- 
 visions as to the yearly value of the interests which shall 
 give such right of voting. 
 
 13. All persons employed in managing or collecting 
 the duties of Excise, Customs, Stamps, Windows, Houses, 
 and the Post Office Revenue, are disqualified to vote (q), 
 
 rmiidulont 
 priiiit. 
 
 Must liavc IipIiI 
 
 lnolltll^. 
 Except. 
 
 Aiiuuitants. 
 
 llotisclioldci't 
 
 Mortgage!?. 
 
 Laiiil T.ix .i.y 
 scssnifiit. 
 
 Land Tax Rc- 
 dcinptiou. 
 
 Properl) Qualifi- 
 cation. 
 
 Placcnivn. 
 
 ch, 21 i 
 
 («) Hcywood, 145. 
 
 (o) This extends ouly to tho prevention of iVaud. See Hey wood'a Elec. Law^, 
 p. 99. 
 (p) 2 Wm. IV. ch. 45, s. 29. (j) 22 Geo. III. ch. 41. 
 
76 
 
 OS MEMBERS OF TIJK 
 
 ! 1 li''' 
 I J hi 
 
 Captains, Ac. 
 ofAIail Packets. 
 
 Persons fnrtniniT 
 &.C. Pust-liursc 
 
 l>UliC8. 
 
 Corn & Coal 
 Meters. 
 
 Women. 
 Peers, &c. 
 
 and are proliiblted by several acts from interfering at 
 elections (r), but this Joes not extend to freehold offices 
 granted by Letters Patent, or Commisioners, &c. of iho 
 Land tax. 
 
 14. All Captains, Masters, or Mates, of ships or packets 
 employed by the Postmaster in conveying the mails aro 
 disqualified, by the 22 Geo. IIL ch. 41. 
 
 15. By 27 Geo. IIL ch. 2G, sec. 15, all persons farming 
 or collecting Post horse duties. 
 
 16. By 51 Geo. III. ch. 84, certain coal and corn meters. 
 
 17. Women (s). 
 
 18. Peers* (except Irish Peers when members of tlio 
 House of Commons), — Ministers of stale. Lord Lieut - 
 
 (r) Sec in Fiiinely'a Elcc. Law, 48. («) 4 Inst. 5. 
 
 * Tliat Peers have no right to vote at the election of Members of the House of 
 Commons, is an undisputed axiom ; but as it is not laid down by any express ttu- 
 tutc, but merely rests upon tJic authority of a Sessional Resolution of that Iluiipr, 
 it is material to know, 1st, VVIietlicr Peers have ever cluimed or exercised a right 
 to vote at such elections; and 2dly, wiietiicr the Honsc of Ccninions has sulii- 
 cient authority to make and enforce a Resolution prohibiting them from votin^^ 
 
 1. Whether the Ijords have ever claimed or been allowed the elective franchiso. 
 This question is one of a very difficult nature, because, supposing that no sucli 
 right was over claimed, there would, in all probability, be no mention of it, sufii- 
 eient to be satisfactory evidence that such was Uie case ; and, on the coutrury, it 
 is very possible, that it may have been exercised without record of it being 
 handed down. But in the absence of any direct light upon the subject, wc mu&t 
 be satisfied with that which may be gleaned from other sources. 
 
 The Lords and Barons of the realm, being summoned to Parliament in their 
 own persons, it seems very evident that they have no right to appear with the 
 Commons who attend as the Representatives of the people, which they would do 
 were they to possess a vote, — the maxim being, that he who elects appears iu 
 Parliament in the person of his Representative. 
 
 The distinction between the Lords and Commons (or the people) was, in former 
 days, much greater and more opparent than it is now ; from wliieii wc may infer 
 that the haughty Barons of those times, would not degrade tlicinsrlvcs by min-< 
 gling with the more humble electors, though iu too many cases, they were not 
 above using corrupt influence by means of their Attorneys. 
 
 In referring to one of the earliest Statutes by which the elective franchise is 
 regulated (1 Henry V. ch. 1), we find these words — "and that the Knights and 
 Esquires, and others wh i shall be choosers of those Knights of the Shice ;" 
 where, if the lUirona had been " choosers," they wonld have been inserted before 
 the Knights ; for it has been laid down aa a general rujo (1), that no Statute 
 
 (1) tjoc Dwari'is, 757^ 75S, and cases there cited. 
 
iiousn OF roMMOXf . 
 
 77 
 
 enants and Governors of counties, ly a sessional Reso- 
 lution of the House of Commons. 
 
 I ' .^— .— 
 
 which troat.i of thing.-, or ixTuons of uii iuforior ruiik can bo coii&truud to I'Xtciid 
 to thosu of u sui)rrior. 
 
 Aguiii it hus been seen (S), that Peers wero not liublc to pay tlio wugoa of 
 Knight* of tlic Khire ; from which tliere certainly urisos a presumption tliut tlioy 
 were not conKtituent^i of such Knights. 
 
 liiiitory telU us, tiiut tlio lower House was originully summoned by the Crown 
 fur the belter nnd more regular raising the supplies by tuxHtion, und that the 
 Members used to ndvise with their electors ns to what amount should bo levied 
 or (;r:tnted ; and that in progress of time, partly from an increasing sense of their 
 inijiortuncc, uiul their right to i>articipule in the affairs of State, on the part of 
 the Coninioi.-i, — und partly by the assistance of the Crown, desirous to form on 
 ertuipoise to the growing power of the Barons, they attained to a legitimate and 
 acknowledged sliuro in the government of the country. But we are also informed 
 (3), that, f<.r a length of time, the Lords taxed themselves apart, a <d often in 
 different proportions, — until, the Commons having arrived at an equal share in 
 legislation, they surrendered to them the exclusive power over all matters of 
 supply. 
 
 The election of a peer ns n representative, has always been considered as a 
 void election. Even u peer's eldest son could not sit in the House of Commons^ 
 until u decision was made in favour of Sir F. Ilussel (4). 
 
 From the above fuels it would appear to admit of very little doubt, that the 
 liOrds never at any lime possessed the right of voting for Members of the House 
 of Commons. If, however, the right did anciently exist, whether by sufferance 
 or by usurpation, it has in later times been taken away by law, as will bo seen in 
 the consideration of 
 
 2dly, Whether the House of Commons have sufHcient authority to make nnd 
 enforce a Resolution of this kind. 
 
 Before the middle of the seventeenth century (5), the exclusive jurisdiction 
 over controverted Elections had been ceded to the House of Commons by the 
 other branches of the Legislature. From that period to the present, it has 
 always remained in that House, and has been successively ratified by 10 Geo. IIK 
 ch. 36, and all the numerous Statutes that have been enacted on the subject. 
 Therefore the House of Commons, by their Se»5ional Resolution declaring that 
 Peers shall not vote at the election of their Members, do not merely promulgate 
 a doctrine or a determination which, coming from one branch alone, might be 
 said to be of no force or effect, but, having the full and exclusive power of decid- 
 ing upon all matters of this kind, without appeal, conferred upon them by sta* 
 tute, — their Resolution upon the right of voting in any individual or body, is 
 clothed with the forc« of la,w. In the same manner as a Judge in a Court of 
 Equity or Common Law may be constantly said to bo making laws, when he i« 
 adjudicating upon any matter under the authority of nn Act of Parliament, his 
 decision being merely nn elucidation, or carrying out of the Statute, which has 
 made provision for the general question, though not for the particular case. 
 
 (2) See ante, p. 25. (3) Oldfield's Hist, of the H. of Commons, 19.^. 
 
 (4) C. J. 21 January, 1549. 
 
 (5) Glanv. Rep. p. vi. ; nnd sec the Commons* Journals of the reigns of Q^ueeu 
 Elizabeth and King James I, 
 
I! 
 
 » 
 
 i! 
 
 7R 
 
 ON MKMUKRS OV Till' 
 
 ji li I 
 
 I.Tiri^l'itivp 
 
 ('ilUlli'llloI'd ill 
 
 Ccinuda. 
 
 TliG same principle applies to restrain Legislative Coun- 
 cillors from voting at the election of Members of tlio House 
 of Assembly in this Province : accordingly, an Election 
 Committee appointed in 1821), to examine into the return 
 of members for the town of York, reported the following 
 Resolution, (f). " llcsohcd. That in the opinion of this 
 " Committee, the Members of the Legislative Council have 
 *' not a legal or constitutional right to vote at, or interfere 
 "with, elections." 
 
 10. Persons receiving alms, or parochial relief, with cer- 
 tain distinctions. See Rogers' Elec. Law. 95, 102, — and 
 2 \Vm. IV., ch. 45, s. 33, 36. 
 
 20. Persons who are deaf, dumb and blind, {doiihfful). 
 See Rogers' Elec. Law, 82, 83. 
 
 21. Lunatics, (y) Outlaws, Felons, {w) Persons excom- 
 municated, {very douhtful). See 53 Geo. IIL, ch. 127, s. 
 2, — and Rogers' Elec. Law, 92. 
 
 22. Aliens born, by resolution of the House in 169S: — 
 unless made denizens by letters patent, or naturalized by 
 Act of Parliament. 
 
 23. Justices, receivers, and all other persons belonging 
 to the London police are excluded from the franchise in 
 the counties of Middlesex, Surrey, Hertford, Essex and 
 Kent, and from Westminster, Southwark, and the new 
 boroughs in the Metropolitan districts — by 10 Geo. IV. ch. 
 44, s. 18, — and London Police Magistrates, Constables, 
 &c. by 3 Geo. IV., ch. bo. 
 
 24. All persons employed as Attorney, Counsel, Agent, 
 Poll Clerk, &c. at any election, during the election by 7 
 and 8 Geo. IV., ch. 37, — and revising Barristers, under 2 
 Wm. IV., ch. 45, sec. 41, 49. 
 
 iiigiitofEicction The right of election in Boroughs is various, depending 
 
 ill Cities and lio- . , , . , • • c i i ■, 
 
 ruugiis. entirely on tneir charters, constitution &c. though now by 
 
 AlinS-tTKM). 
 
 Dcafit Duml). 
 
 Lunatics. 
 
 Aliens. 
 
 .liistici's, &c. of 
 l.uiuluii iiulicc. 
 
 Attorneys, &c. 
 at Election. 
 
 (t) Journals II. of Assembly, 27 February, 1£2D. 
 
 (u) Ilcy wood's Co. Elec. Law, 259, 202. (»; Pcckw. 508. 
 
HOUSE OF COMMONS. 
 
 79 
 
 2 Geo. II. ch 2 1 (amended by 28 Geo. III. el). 52) the right 
 of voting shall bo allowed in each particular place according 
 to the last determination of the House of Commons concern- 
 ing it, subject to the right of petitioning as detailed in Chap. 
 V. O/i Election Pctitiovs. — As respects Boroughs, it has 
 been the object of the Reform act to introduce as far as 
 possible, consistently with existing rights, a uniform right 
 of voting in all cities and boroughs, in order to the 
 establishment of a uniform system of voting throughout 
 the Kingdom. And, since that statute, it lias become ne- 
 cessary in all cases to show, that the voter has resided six 
 calendar months within the city, borough, &c. or within 
 Beven statute miles thereof; and where lie votes as a 
 freeman, &c. of a place sharing in the election of any city 
 or borough, then ho must show a residence within that 
 place, or within seven statute miles of the points stated 
 in schedule (E. 2. ) of the Reform act. 
 
 Whenever an election for members of Parliament, or ^„,,ij^r, ,o ,,g 
 Scottish Peers is to be holden, the Secretary at war shall pi"eo'or.Son. 
 cause all troops to be removed from the place of election 
 at least ono day previous, to the distance of two miles or 
 more, until one day after the close of the Poll, under 
 penalty of forfeiture of his situation, &c. {x). 
 
 It is a high breach of privilege for any Peer, Lord of i.or.is.&o. notto 
 Parliament, or Lord Lieutenant of a county to concern 
 himself in elections (y) — or for any Minister of state or 
 servant of the crown, to use the powers of his office, 
 directly or indirectly in the election members {z). 
 
 Formerly, the Lords' Wardens of the Cinque Ports* or vvankus of 
 claimed the right of nominating one member for each of '"^ *"'"''"** "'^"'' 
 the Cinque Ports, but the 2 Wm. and Mary, sess. 1 ch. 7, 
 
 (I) 8 Geo. IF. ch. 30 ; and bco C. J. 17 Nov. 1645 ; 2^ Dec. 1741. 
 
 (y) Sec C. J. 10 Doc. 1641 ; 27 April, 1S02. 
 
 (j) C.J. 10 Dec. 1790. 
 
 * The Cinque Ports arc Dover, Sandwicli, Rumnty, Hastings and llytiic. TUo 
 branch towns arc Bye, Winchclaca and Scaford. They each send two Members 
 to Parliament. 
 

 J' 
 
 1 i 
 
 w 
 
 i 1 
 
 1 
 
 i ; 
 i 1 
 
 1 : 
 
 !i 
 
 i 
 
 \ 
 
 I 
 
 i 
 
 I 
 
 r 
 
 Ft 
 
 
 !» 
 
 MU {< 
 
 hill 
 ill 
 
 Hi 
 
 t'fl I: 
 
 80 
 
 ON MEMBERS OF THE 
 
 Who cannot be 
 Members. 
 
 Need not be re- 
 sideat. 
 
 Property Quali- 
 figatiou required 
 
 la Canadh 
 
 Minors. 
 Aliens. 
 
 declares all such nominations to be contrary to the law and 
 constitution of the realm, and void to all intents and pur- 
 poses. 
 
 II. Who are disqualified from being memhers of the 
 House of Commom. 
 
 The ancient law, which required that the member 
 elected should come from the body of the represented, 
 being resident amongst them, was repealed by the 14 Geo. 
 III. ch. 58. 
 
 1. All persons who do not possess the necessary Pro- 
 ' perty Qualifications required by the 9 Anne, ch. 5 (and 
 
 see 33 Geo. II. ch. 20, and 41 Geo. III. ch. 101, sec. 23) 
 — these acts are repealed by 1 & 2 Victoria, ch. 48, and 
 the property qualification required for a county member is 
 fixed at an unincumbered estate (freehold, copyhold or 
 leasehold) of not less than <£600 per annum, or personal 
 estate or effects to the like amount. And for a member 
 representing a city or borough not less than .£300. Ex- 
 cept the eldest son of Peers or Lords of Parliament, or 
 persons eligible to be Knights of the Shire, and Members 
 for either ©.f the English Universities, or that of Trinity 
 College, Dublin, from whom no property qualification is 
 required. — Neither does this act extend to Scotland where 
 no Property qualification is requisite. The required pro- 
 perty qualification in Upper Canada is an unincumbered 
 freehold in lands or tenements in the province,of the assessed 
 value of ^£80 per annum^ And the candidate is required 
 to make oath thereto, by the act 4 Geo. IV. ch. 3, sec. 6. 
 For form of oath,, see Appendix IV. 
 
 2. Minors, 7 and 8 Wm. III. ch. 25, sec. 8. 
 
 3. Aliens, even though they be naturalized, 12 & 13 
 Wm. III., ch. 2, and 1 Geo. I. stat. 2, ch. 4 ; but see 
 post Ch. X. On Private Bills, " Naturalization Bills." — 
 Aliens naturalized by act of the Imperial Parliament are 
 
 » bo members of the Lefi'islature in Canada, 31 
 
 igiblc 
 
 Geo. III. ch, 31, sec. 22 ; and by 7 Geo. IV. ch. 68, the 
 
HOUSE OF COMMONS. 
 
 81 
 
 Provincial Legislature may pass Naturalization bills, but 
 the Governor is required to reserve them for the signifi- 
 cation of the Royal pleasure thereon. But the Provincial 
 act 4 Ctco. IV. ch. 3, sec. 2, requires that persons having 
 resided in a foreign country, or taken the oath of Alle- 
 giance to a foreign state, shall not be eligible to be mem- 
 bers of the House of Assembly until after a residence of 
 seven years in the Province ; and they must, if required, 
 take the oath prescribed by this act, at the Poll. For form 
 of oath, see Appendix IV. 
 
 4. Traitors, Felons,* Women, Outlaws in criminal pro- Traitors, Out- 
 Bcculions, but not in civil suits (a) Idiots, Lunatics (i), or ^^^' 
 avowed Infidels. 
 
 5. Peers, as they are bound to serve the state in another n^^^^ 
 capacity. But an Irish Peer, not one of the twenty-eight 
 representatives may sit; but whilst he is a member of the 
 House of Commons he is not entitled to the privileges of 
 Peerage, nor capable of being elected one of the twenty- 
 eight Lords, or of voting at such election ; and is liable to 
 
 be sued and indirLed as a commoner. Until recently, the 
 eldest son of a Scotch Peer was incapable of being elected 
 in Scotland, though not in England, but the Scotch Re- 
 form Act (2 & 3 Wm. IV. ch. 65, s. 73) removed the 
 disability. 
 
 6. The twelve Judges, and the Barons of the Exchequer j^j„g 
 that have judicial places (c), because they attend in the 
 House of Lords. The Judges and Barons of the Exche- 
 quer in Scotland are ineligible, by 7 Geo. II. ch. 16, s. 4. 
 And the Judges, Masters in Chancery, &c. in Ireland, by 
 1 & 2 Geo. IV. ch. 44. Formerly the Attorney-General 
 
 (n) C. J. 28 Mrty, lG-24. But as the outlawry, afXcr inquisition found, would 
 vpst the outlaws' estates in the Crown, until reversal, it would appear that the 
 person could not be a Member, not having the requisite property qualification. 
 
 (b) 4 Inst. 47, 48 ; 1 Bl. Com. 175. (c) C. J. 9 Nov. 1G05. 
 
 * There have been instances where the House has deemed persons unworthy 
 to sit in Tarliament, by reason of oflcnces amounting in law only to misdemean- 
 ours. (Seo the case of Mr. Walsh, C. J. 5 March, 1812-.) 
 
 ?es. 
 
 I 
 
Ill I 
 
 li'l 
 llilili 
 
 82 
 
 ON MEMBERS OF THE 
 
 (d) was also excluded, as being an assistant in the House 
 of Lords, while the Solicitor-General was admitted. At 
 present, however, none of the assistants or attendants on 
 the Lords are excluded from being Members of the Houso 
 of Commons, except the Judges. The Master of the 
 
 i.crl'imsci'iyiw^^ Rolls is not considered a Judge ; the Attorney-General, 
 the Solicitor-General, King's Serjeants, and Masters in 
 Chancery, and even the Clerk of the Parliaments (c), are 
 frequently Members. 
 
 Persons who have judicial places in the other courts 
 (ecclesiastical or civil) are also eligible {J"). Unless ex- 
 cluded by Act of Parliament, as is the case wi.'h the Vice- 
 Chancellor, and the Judges and Commissioners of the 
 Bankrupt Court. 
 
 Clergy. 7. Clergy* of the Churches of England and Scotland 
 
 (d) Sec ante, p. 28. (e) Dwar. 255. (f) 4 lust. 47. 
 
 * In former times, the Clcriiy were not permittecl to bo Members of the Houi^c 
 of Commons, by reason of their havini^ u voice in the Convocation House, and 
 being permitted to tax themselves apart (1). But in 1CG4 (iJ), tiie Clergy ceased 
 to tax themselves, and were taxed in I'arliDmcnt, not by any express law, but, as 
 Bishop Burnet tells us (3), by a verbal agreement between Archbishop Sheldon 
 and Lord Chancellor Clarendon. Ever since which, the Clergy have assumed 
 and ocen allowed the right to vote at elections (4), by virtue of their ^Icbe ; and 
 it would seem, might also sit in Parliament, being unrepresented elsewhere, the 
 Convocatio:' having fallen into disuse. Accordingly, we find, in 1785, the case of 
 Rushworth, a clerk in holy orders, who was returned for Newport, being declared 
 duly elected upon a petition against his returi? (5). But i»> lt'01,Mr. John Hornc 
 Tooke was returned a Member for Old Strum, having, it appears, taken priests' 
 orders early in life, but had long ceased t: ofliciatc, or even to appear as a 
 clergyman. No petition was presented against his return, but a motion was 
 made for the appointment of a committee to search for precedents respecting tho 
 eligibility of clergymen to sit in the House- Tho result of their report was, not 
 tho cx])ulsion of Mr. Tooke, but the enactment of the provisions contained in thu 
 41 Geo. HI. cii. 03, l)y wliicli (after that Parliament) all Clergymen were ineligible 
 to be Members of tho Houso of Commons. 
 
 If, therefore, tiic Clergy could be said to possess tho right to sit iii the Houso 
 after having .surrendered the power of taxing themselves, and no longer meeting 
 in Convocation, that right is now taken away by law. 
 (Ij C. J. 13 Oct. 1553) 8 Feb. 1020 ,- 17 Jan. 1C61. 
 (2) See C. J. 31 Jan. 1<)C4.— Supply Bill. 
 (.3) Burnet's Own Times, v. 1, p. 197. 
 
 (4) 2 Hate. IG ; Gilbert's Hist, of the E.xchcuucr, ch, 4. 
 
 (5) C. J. 28 Jan. & 24 Feb. 178.3. 
 
 :J l^ll 
 
HOUSE OF COMMON'S. 
 
 83 
 
 Iiif.inious Per- 
 sons. 
 
 (even if they renounce their profession), as having taken 
 priests' orders; 41 Geo. III. (U. K.) ch. 03. Roman 
 Cathohc Priests ; 10 Geo. IV. ch. 7, s. 9. 
 
 Ministers of all professions are ineligible in Canada, by inCauadii. 
 31 Geo. III. ch. 31, S.21. 
 
 8. Infamous persons. 
 
 9. Persons guilty of bribery or treating (for that Parlia- 
 ment) by 7 & 8 Wm. III. ch. 4 ; and 49 Geo. III. ch. US. 
 
 10. Returning Ofiicers, Sheriffs of Counties, and Mayors RrtuminirOiTi- 
 and Baihff^3 of Boroughs, within their respective jurisdic- 
 tions, as being Returning Officers (g). But Sheriffs of 
 
 one County are eligible to be Members for another {//), and 
 also for any City or Borough not in the County for which 
 they are Sheriffs, or, though being in the County, are 
 separate Counties of themselves (/). Sheriffs or Stewards 
 Depute in Scotland are ineligible by 21 Geo. II. ch. 19, 
 
 s. 11. 
 
 It is a breach of privilege (k) for the King to ajipolnt i?ri'!i<h of privi- 
 
 Icuc lor iho Jiiiijj 
 
 any Member to beShenff of a County, but where feherins toniuk.n Aioin- 
 are chosen by the people (as in London and Middlesex) 
 it is very common for Members to be elected. 
 
 A Member, by being appointed a Returning Officer, 
 does not vacate his seat [l), though by 2 Wm. IV. ch. 45, 
 s. 11, no person qualified to be elected a Member of 
 Parliament is compellable to serve as a Returning Officer. 
 
 11. No person concerned in the management of any persons lu.idm-,' 
 duties or taxes created since 1692 (except the Commls- ail'.juaiiii'utr 
 sioners of the Treasury and Land Tax (;«;, ) nor any of 
 the Officers following (/i), viz : 
 
 (ff) C. J. 25 June, IGOl ; 14 April, KiU ; i22 Mar. 1G20 ; 2, 4 Sclo June, and 17 
 Nov. ieri.'j. 
 
 (h) 4 lust. 48; Wliitclock of Pari. 99-101. 
 
 (i) 4 Dougl. 87. (k) C. J. 7 Jan. ICPO. 
 
 (0 ^- J- V. 1, p. 9-JO. (m) o&G Wni. &■ Mary, ch. 7. 
 
 (n) By Ihc 11 & 1-^ Wm. III. ch.'J; 12 & 13 Wm. III. cli. 10; CAnno, ch. 7; 
 15 Geo. 11. ch. 22. 
 
II I 
 
 84 
 
 ON MEMBERS OF THE 
 
 1 I 
 
 ! : 
 
 In Ireland. 
 
 Exceptions by 
 Statute orResO' 
 lutioD. 
 
 ComTTilssioners of Prizes, Transports, Sick and Wound- 
 ed, Wine Licences, Navy and Victualling, Secreta- 
 ries or Receivers of Prizes, Comptrollers of the Army 
 Accompts, Agents for Regiments, Governors and De- 
 puty-Governors of Plantations, Officers of Minorca or 
 Gibraltar, Officers of the Excise and Customs, Oerks 
 or Deputies in the several offices of the Treasury, 
 Exchequer, Navy, Victualling, Admiralty, Pay of the 
 Army or Navy, Secretaries of State, Salt, Stamp, 
 Appeals, Wine Licences, Hackney Coaches, Hawkers 
 and Pedlars, nor any persons that hold any new office 
 under the Crown, created since 1705 (o), are capable 
 of being elected or of sitting as members. 
 
 And see 41 Geo IH., ch. 52, which incapacitates per- 
 sons nominated to office by the Lord Lieutenant of Ire- 
 land. See also 57 Geo. HL ch. 62, s. 10, and Irish Act, 
 33 Geo. HI. ch. 41. 
 
 The following persons are specially excepted from 
 being disqualified, by the above and other acts, viz : — 
 
 Members of the Corporation of the Bank of England 
 by 15 Geo. II., ch. 13, sec. 8. Treasurer or Comptroller 
 of the Navy, Secretaries of the Treasury, Secretary to 
 the Chancellor of the Exchequer, or of the Admiralty. 
 Under Secretary to any Secretary of State, Deputy Pay- 
 master of the Army, by 15 Geo. II., ch. 22, sec. 3, Mas- 
 ter or Worker of the Mint, by 39 Geo. III., ch. 94, sec. 
 5. Governor of the Bahama Islands (C. J. v. 53. p. 63.) 
 Lieutenant Governor of Upper Canada (ib. v. 47, p. 46.) 
 Viceroy of Corsica (ib. v. 50, p. 590.) Ordnance land 
 Commissioners by 42 Geo. III. ch. 89., sec. 12. Vice 
 President of the Board of Trade by 57 Geo. III., ch. 66, 
 or persons accepting Commissions in the Militia Regi- 
 ments of Great Britain and Ireland, by the Militia Acts. 
 
 {o) 6 Anno, ch. 7, s. "5- 
 
 '< II I 
 
 'I 
 
HOUSE OF COMMON'S. 
 
 85 
 
 If any member accept an office of profit, except an Acceptinfr New 
 
 •' '^ . ^ . . Offices or Places, 
 
 office in the Army or Navy, accepting a new Commission vacates the sent. 
 
 (and the above exceptions by statute), his seat is void, 
 
 but such member is capable of being re-elected {p). But 
 
 a member who does not hold a Commission accepting one 
 
 in the army or navy becomes disqualified {q) even if he 
 
 previously held a Commission, which he had resigned or 
 
 sold, (r.) 
 
 Besides the above, by the statute x)2 Geo. TIL, ch. 82, Also certain abo- 
 certain other recited offices, which have been abolished revived, 
 by statute, are declared to be new, and under the meaning 
 of the statute of Anne in the event of their being revived, 
 and by the Irish act 33 Geo. III. ch, 41., a similar provi- 
 sion is made. 
 
 And the House of Commons, also, are continually by other oaices 
 their Resolutions, declaring certain offices to fall within the tioii,todi''qua- 
 operation of the 6 Anne, ch. 7, disqualifying their holders ' ^' 
 from sitting in Parliament. For a list of these, too numer- 
 ous for insertion here, see Rogers' Election law. p. 55. 
 
 By more recent statutes the possessors of the following others by subsc- 
 
 , , , , . ,, p • . . T» ,. quent Statute?. 
 
 Situations, are also declared incapable ot sitting in Jrarlia- 
 ment. 
 
 By 25 Geo. III. ch. 52, sec. 25, and 45 Geo. III. ch. 
 91, sec. 7, the Commissioners for examining and auditing 
 the Public accompts are disqualified. 
 
 By 42 Geo. III. ch. 76, the justices at the seven Lon- 
 don Police offices, and by 51 Geo. III., ch. 110, sec. 14, 
 15, the Justices of the Peace, and other persons employed 
 under the Police act, are ineligible. 
 
 By 4G Geo. III., ch. 30, sec. 18, the p'-ld Commis- 
 sioners for examining the public accompts in the West 
 Indies are disqualified. 
 
 By 46 Geo. IIL ch. 141, sec. 22, the Commissioners 
 
 (p) 6 Anne, ch. 7, s. 2C, 26. 
 (r; 2 Iluis. 51, n. 
 
 (q) C. J. 21 May, 1783; 3 Dec. 17.W 
 
 M 
 
&G 
 
 ox MEMBuaa OF Tin: 
 
 under that act for examining tho public accompta are 
 ineligible. 
 
 By 51 Geo. III., ch. G3, sec. 5, every Officer, &c. in 
 tho office of the Clerks of the Signet and Privy Seal, and 
 by 57 Geo. III. ch. 84, all appointments in the offices of 
 Auditors and Tellers of tho Exchequer, and Clerks of tho 
 Pells, are disqualified. 
 
 By 3 Geo. IV., ch. 55, all Metropolitan Police Magis- 
 trates appointed under this act, and by 3 "Wm. 4, ch. 19, 
 sec. 9, Police Magistrates and Receivers under the Police, 
 are disqualified. 
 
 By 7 & 8 Geo. IV., ch. 53, new Commissioners of 
 Excise are ineligible. 
 
 By 10 Geo. IV., di. 22, Governors of Presidencies in 
 
 India are disqualified. And by 10 Geo,, 4 ch. 50, sec. 21, 
 
 only one of the Commissioners for Woods and Forests 
 
 can sit at a time. 
 
 Actual posses- In order for the holding an office to disqualify, the 
 
 bion of oflicc, , . . , . , 
 
 only, disqualifies, actual enjoyment must bo shown, the mere title, it never 
 
 # 
 
 Pensioners. 
 
 Coiilfactors. 
 
 acted upon, will not disqualify. 
 
 12. No Pensioner of the Crown during pleasure, or 
 for any term of years is eligible (s). 
 
 13. All persons holding contracts for the public service 
 are declared incapable of sitting or being elected, and any 
 
 :i ii- 
 
 (a) 6 Anne, ch. 7 ; 1 Geo, I. stat. 2, cli. 5G. 
 
 * By the Provincial Act, 39 Geo. III. ch, 4, a Member of the House of Assembly 
 of Upper Canada, acceptinjj; tiie office of Registrar of any County or Hiding, 
 must vacate his seat, but may be re-elected. 
 
 And by Provincial Act, 7 Wm. IV, ch. 114, Members accepting any of tlie fol- 
 lowing offices, must vacate their seats, viz.: Judge of tiie Court of King's 
 Bench, Judge of the District Court, or of any Court of Record hereafter to be 
 eetablished ; Receiver-General; Surveyor-General; Inspector-General; Member 
 of the Executive Council ; Collector of Customs; Attorney or Solicitor-General ; 
 or Shcrilf. But tliey may (except a Judge of tho Court of K, B.) be re-elected. 
 
 And any Member permanently removing from the Province vacates his seat; 
 but cognizance of such can only bo taken by said Member stating tlic fact to tho 
 House, by tt cunimunicatioa to the Speaker, — or on petition from tlie Freeholders 
 of tho County, &c. praying that a new Writ may issue ; which petitiou will be 
 referred to a Counuiltcc of Privilege to report thcrcou. 
 
 : i I 
 
IIOU?F, OF rOM.MONJ?. 
 
 87 
 
 member accepting a contract, shall vacate Ms scat. Bat 
 contracts devolving by descent, limitation or marriage, shall 
 not incapacitate within twelve months from the time of 
 devolution {t). And it has been held rot to extend to an 
 army Clothier contracting for the clothing of a regiment (r)« 
 
 14. A member being declared a Bankrupt is free from p^^„,^^, ,„ 
 arrest for twelve months from the issue of the fiat, but his 
 
 scat in Parliament is suspended. If, at the expiration of 
 that time, twenty shillings in the pound be not paid to tho 
 Creditors, his privilege ceases. He is at the same time 
 excluded from sitting and voting in Parliament; unless 
 within the twelve months tho Commission be superseded, 
 and the Creditors paid in full (?<'). Any member [x) may 
 be served \vith legal process for any just debt to the 
 amount of c£100 ; and unless he make satisfaction for the 
 same within two months, the commission of Bankruptcy 
 may be issued against him, in like manner as against a 
 common Trader. See also, G Geo. IV., ch. IG, sec. 9-11, 
 which obviates many previously existing difficulties in 
 proceeding against members as Bankrupts. 
 
 15. A person elected and returned as member cannot qouLIc iicturn.^ 
 by law be eligible for any other place, except ho first 
 
 vacate his scat. There is a distinction, however, between 
 writs issued for a general election, and writs issued during a 
 session of Parliament. When a person is elected during 
 a session the writ is made returnable immediately, and 
 therefore, he cannot be eligible for any other place; but at 
 a general election, tho writs being all made returnable at 
 the same time, and the law not taking notice of the return 
 of any person so as to destroy his eligibility for any other 
 place, a member can be returned for two or more places 
 at once, and make his selection which of the places he will 
 
 (t) 2Q Geo. III. cb. 45. 
 
 ( 0) Thomson v, Pcarse, 3 Jtnorc, C. P. Uci)ort3, 260. 
 
 (to) 5:i Geo. III. ch. lU. (^) 4 Goo. III. th, 'JL 
 

 S8 
 
 (JN MEMBERS OP THE 
 
 All otlicri eligi- 
 ble. 
 
 represent, but if he do not make his selection in a con- 
 venient time, which the House will appoint, the House 
 will do it for him. 
 
 With these exceptions, conditions and restrictions, all 
 persons are eligible of common right. Even an Ambas- 
 sador or Envoy at a foreign court, is not disqualified (y). 
 Although a person appointed Consul General must vacate 
 his seat {z). Besides these, other persons abroad, and 
 elected before their return, outlaws in civil suits, prisoners 
 for debt in mesne process (a), or persons charged in exe- 
 cution, petitioners against a return (Z»), and all other sub- 
 jects of the realm, are capable of being elected and serving 
 in the House of Commons (c.) 
 
 . Relative to undue Returns and Contested Elections, 
 see chap, V. On Election Petitions. 
 
 If a vacancy should occur, by death or otherwise, during 
 the sitting of Parliament, a new writ is issued on the 
 motion of a member; the course to be pui'sued if a vacan- 
 cy should happen during the recess has been already 
 pointed out {see ante p. 60). In the event of any mistake 
 in issuing the writ &c. or if the place has incurred the dis- 
 pleasure of the House by its corruption (as in the Hlndon 
 and Shaftesbury cases {d),) or any other adequate cause, or 
 where the Returning Officer should die, and there be not 
 lime to appoint another, the House may supersede its 
 writ, or suspend its execution (e), or even withhold their 
 order for its issue [f), or supersede it altogether [g). 
 
 If, at an election, the Returning Officer wilfullii or ma- 
 
 IfRcturning .. . ' . \ , ^- /• u 1J 
 
 Officer refuse to liciousli/ retuse to take tne vote ot a ireeholder, or person 
 
 receive a vote. 
 
 entitled to vote, an action can be entered against him, and 
 the plaintiff can recover damages in a court of law (^), in 
 
 Vacancies. 
 
 (y) C. J. V. 18, p. 215 ; 2 Hats. 24. 
 (a) C. J. V. 62, pp. 042, C44, 654. 
 (c) 18 Eiiz. 1575. Rusliw, 
 (e) The case of East Retford. 
 (g) C. J. V. 14, pp. 03, 88. 
 
 (z) C.J. V, 04, p. 29; v. 72, p. 3. 
 (b) C. J. 10 April, 1727. 
 (d) Sec 4 Dougl. 271, 350. 
 (/) C. J.V.35, pp. 418, 771. 
 (k) See Rogers, 246, 247. 
 
 i I .i,' 
 
 ■::i 
 
HOUSE OF C0MM0X3. 
 
 89 
 
 any other case, the proper mode of proceeding would be 
 to bring the case before the House of Commons in a 
 Petition, as a matter in which their privileges are con- 
 cerned {i). 
 
 A member, though chosen for a particular district, when MpniiorstoFPrvo 
 returned serves for the whole Realm, the end of his iici''''"'" 
 coming not being particular, but general, not merely to 
 advantage his constituents, but the commonwealth. And 
 therefore he is not bound, like a Deputy of the United 
 Provinces, to lake his constituents advice where it may 
 differ from his own opinion, or to consult with them oa 
 any particular point, unless he thinks proper {k). 
 
 A membei of the House of Commons, if duly elected, i^i''i'ii>''rs, if 
 
 •^ flcL'ieil, must 
 
 is compelled to serve, even though he himself, so far from serve. 
 desiring the election, had expressed his wishes at the Poll 
 not to be chosen {I). So, although members may labour 
 under age or infirmity, unfitting them for the duties of their 
 station, yet if chosen, they must attend {?n), and cannot be 
 discharged but by the allowance of the House. Nor is a 
 member discharged though he be "a captive" (n). 
 
 There is, however, one way by which, in modern times 
 at least, a member can avoid the taking of his seat, and 
 that is, by refusing the oaths, or neglecting to serve in a j^r„,pss he rcfu.co 
 qualification pursuant to the statute 33 Geo. II., ch. 20.— tojiikc Hic oaii.s, 
 Neither when once taken can the seat of a member be 
 resigned, and every member is compelled to serve unless 
 he can show such cause as the House, in its discretion, 
 shall think sufficient excuse for his non-attendance. 
 
 The only mode by which a member, desirous of retiring And cannot va- 
 
 cute hut by ac- 
 
 from Parliament, can do so, is to accept an office under the cepting office. 
 Crown ; and in case he cannot obtain any thing better, It 
 is now usual to grant the office o£ Steward oftlie Chiltern 
 
 (i) C. J. V. 11, p. 201. (fe) 1 Bl. Com. 150. 
 
 (0 C. J. 2 Mar. 1623; April, 1624 ; Glanvylle, 101. 
 (m) C. J. 23 JIar. 1710. (n) Dwar. 2GC. 
 
|m ; I i 
 
 ',1 
 
 III 
 
 fi 
 '1^ 
 
 m 
 
 ii .1:5 
 
 1! ; 
 
 rM 
 
 '<•: 
 
 Ii 
 
 HI 
 
 The Chlltcru 
 Iluiidrcdi-. 
 
 90 
 
 ON' MLMBLIIS Ol" Till: 
 
 Hundreds, ^c. to any person wishing to vacate Lie scat in 
 n formal manner, whether for the purpose of being lo- 
 clectcd, of giving place to another person, or of retiring 
 
 altogether. 
 
 The Chiltcrn Hundreds (of Stoke, Desborough, and 
 Bonci^ham,) in the county of Buckinghamshire, and the 
 Manor of East Ilendrcd in Berkshire, are districts belong- 
 ing to the Crown, which, from time immemorial, have had 
 ofliccrs attached to them, with tho title of Stewards or 
 BailifTs. The office of Steward of the Chiltern Hundreds 
 is supposed to have been instituted by King Alfred, for tho 
 purpose of protecting tho inhabitants of that part of Buck- 
 inghamshire from banditti. The duties of the situation 
 have long since ceased, but the office is nominally retained, 
 tho appointment being vested in tlie Chancellor of the 
 Exchequer,in order to enabb members to vacate their seats 
 by becoming | disqualified under the statute of Anne. 
 These Stewards derive neither honour nor profit from their 
 situation, except a salary of ^Gl a year, tlieir office being 
 in fact merely nominal, though by general consent they 
 serve the purposes for which they are bestowed.* 
 
 * This nncicnt domain, which row aflbrds tlic means to any Member desirous 
 of vacating his scat in Parliament, was, in the Fonrtecnth Century, not unfre- 
 •lucnfly employed us a sanctuary in which the Knights of the Shire took refuge, 
 in order to avoid being dragged to Parliament against their will, which in thoso 
 days was not uncommon, the electors, as well as the elected, in many cases, feel- 
 ing the exercise of this franchise, not as a highly-prized consiitutional right, but 
 ns a burden which they would willingly be rid of. Accordingly, we find in his- 
 tory (1), many cases where tho Boroughs petitioned to bo absolved from tlio 
 necessity of rettirniug a Representative, on account of the wages they were 
 required to pay him ! 
 
 The Chiltcrn Hundreds, being a distinct jurisdiction, over which the Sheriff 
 Lad no control, the Member seeking refuge there could not be followed up and 
 compelled to attend, but ho was enabled to remain in safety, either until the 
 close of the Session C which in those times seldom lasted a month) or until a new 
 Member was elected to 6uj)ply his place. 
 
 'i Ic following is a copy of a special return made by the Sheriff in a case of 
 
 (!) Sec 1 CI. Com. 174. 
 
IIOLSn OF COMMONS. 
 
 01 
 
 The practice of granting thcso Stewardships began 
 about 1750, and instances have repeatedly occurred of their 
 being denied to such members, as, for any ofTcnces, are 
 liable to expulsion, and would thus wish to avoid the 
 disgrace. 
 
 It has been seen (o), that on the first institution of a wn-rps nimcriy 
 House of Commons, tho members received wages from M^nlhors'*^ 
 their constituents. The amount of these wages as esta- 
 blished in tiic IG Edvv. II, was, with few exceptions, four 
 shillings a day for a Knight of the shire, and two shillings 
 for a citizen or burgess. They were levied upon electors 
 by tho Sheriff, in pursuance of the writ dc cxpcnsis inill- 
 tM7n, clcium, ct huri^cnsiuiii, which was framed to enforce 
 their payment. 
 
 As the Lords, who sat in Parliament in their own right, 
 were not benefited by this representation, it was not rea- 
 sonable that they should contribute any thing to tho 
 expenses of the knights of the shire ; but by the 12 Rich. 
 II. ch. 12, it was enacted, that lords and spiritual persons 
 who purchased lands which were contributary to tho 
 expenses of the knight, should contribute in respect of 
 such lands {p). 
 
 The celebrated Andrew Marvel, who represented PIull 
 in the Parliament after tho llestoration, is said to have p,;ivoijiu£„!,' 
 been the last person in England who received wages from 
 his constituents. 
 
 the abovo description,— translated by Sir Francis Palgravo from tho official co^jy 
 ainoug the Records in tho Tower: 
 
 " Sir Richard dt; Pogcys, Kniglit, duly elected by tho Shire, refused to find 
 " bail for his appearance in Parlianicut at tlio day and phicc withiu-raeutioucd, 
 " and having grievously assaulted my IJailillV-, in contempt of tho King, his 
 " crown and dignity and absconded to the Chiltern Hundreds, into which Liberty, 
 " not being shire-land or guildable, I cannot enter— I am unablo to make any 
 " other execution of the Writ, as far as he is concerned." (2) 
 
 (2) Sec also a similar case in Palgrave's Pail. Writ?, vol. 2, Div. 2, p. 271', 
 of "Johannes do la Pole, dc SUlcnham." 
 
 (o) Scco«<cii 11. 
 
 f/0 I IJl Com, 171. 
 
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 23 WIST MAIN STREET 
 
 WEBSTER, N.Y. MSM 
 
 (71«) S72-4503 
 
 
98 
 
 ON MEMBERS OF THE 
 
 •|jecting tbcui. 
 
 inrniir..in wn-oi j^ j|,o Canadian Legislature it is different. For, in a 
 
 arc ailowod l>y O ' 
 
 •tuiuie. youthful colony, a sufficient number of Members who 
 
 could afford to lose the time they must necessarily be 
 engaged in their Parliamentary duties, could not be found. 
 By the Provincial Act, 43 Geo. III. ch. 11, it is provided 
 that every County Member, having attended, shall be 
 entitled to receive from the Speaker a warrant for ten 
 shillings a day, to bo levied by assessment within the 
 County or Riding ho represents. And by the 5 Wm. IV. 
 Roifuintions re- ch. 6, this is extended to Town Members. But the Pro- 
 vincial Statute 1 Vict. ch. 17, materially alters the law on 
 this head. It declares, that every Member not absenting 
 himself twenty days during a Session without leave of the 
 House ; or unless prevented by sickness or other reason- 
 able excuse to the satisfaction of the Speaker, from attend* 
 ing, — shall be entitled to receive a warrant for his attend- 
 ance, for cC50, and his travelling expenses, at the rate of 
 ten shillings per twenty miles, going and returning. But 
 if the session do not continue upwards of thirty days, the 
 ^Icmber shall not receive more than cf 25, and his travel- 
 ling expenses. 
 
 And if a Member absent himself for half the Session, 
 unless from sickness or other reasonable cause, he is to 
 receive nothing. And if a Member absent himself, in like 
 manner, for twenty successive days, during the Session, 
 he shall only be entitled to half the allowance. 
 
 These wages are to be paid by the District Treasurer, 
 and be raised by assessment. 
 
 III. As to their Duties generally/. 
 
 On the day appointed for the meeting of Parliament, 
 the Member proceeds to the House, and at the Clerk's 
 table, takes the Oaths* of Allegiance and Supremacy, and 
 
 Dl'TIES 
 GENERALLY. 
 
 * The O.iih of Allegiance, under the Constitutional Act, is the only one 
 required to be taken by Members of the Canadian Legislature. For the 
 prescribed form of it, ace Jppendiz F. 
 
HOUSE OF COMMONS. 
 
 93 
 
 ssion, 
 
 tg to 
 
 like 
 
 9sion, 
 
 takes iiud subscribes the Oath of Abjuration, as altered by 
 r» tioo. III. cli. 53. He tlien delivers in a Statement of 
 his qualification, at the Clerk's table, and mukes and sub- 
 scribes the declaration relative thereto required by the 
 1 & 2 Vict. ch. 48, before he takes his seat. 
 
 When a Member appears to take the Oaths within the 
 limited time, all other business is to cease, until the cere- 
 mony is gone through. 
 
 A Member taking his seat before being sworn, is liable Penalty of mkinfr 
 
 111 1 • T / \ •'^"' before bemj 
 
 to a fine of c£500, and other heavy penalties, o_y statute [q), iwom. 
 and is expelled the House (r) ; in every other respect, 
 however, he is considered a Member; as t-uch he is al- 
 lowed his privilege, and may even be appointed on a 
 Committee («). But it is the modern practice to pass an 
 Act of Indemnity, to remove the penalties attached to such 
 neglect when it happens to occur (/). 
 
 It is not necessary, in order to their validity, that the 
 oaths be adn.inistered to Members separately ; sometimes 
 us many as twenty ore sworn at once. 
 
 New Memoers, elected on a vacancy,* must be intro- vacmciei. 
 duced into tho House between two others, making their 
 obeisances as they go up {v). 
 
 In the British House of Commons, there is often some ptacetimba 
 little trouble between the Members as to the possession of 
 seats ill the House ; no Member being allowed to claim 
 as a right, the possession of any seat : the tenure by which 
 
 lent, 
 
 ;rk'8 
 
 and 
 
 ly one 
 
 ]>t lUe 
 
 (q) 13 Wni. III. ch. (1, s. 10, 11 ; 1 Geo. I. ch. 13, i. l6, 17. 
 
 (r) C. J. 10 Feb. 1620, &, 13 Wm. III. ch. 10, «. 10. 
 
 (*) C. J. 13 April, 1715. (t) C. J. v. C7, p. 2e6 ; v. C», p. IH. 
 
 (r) C. J. 23 Feb. 1C88. 
 
 ' Formerly, all Membcri olerted upon vncaneicp, were required to p«> ccrtnui 
 fees to the fee-fund of the House of Communs before they took their scat*. Tho 
 tnial amount pnynlilo by a knight of the shire, was £,2 ^C>!•. 8(1. : by a burfp>». 
 X/'i lis. 8d. But by a Resolution of the House, on 9th March, 1637, their future 
 payment was ordered to be discontioued. 
 
Obciaancct. 
 
 94 
 
 ON MEMBERS OF THE 
 
 I I' 
 
 thfey arfe held being priority *of occupation, except in cer- 
 tain cases allowed as a matter of courtesy.* 
 
 But this chiefly arises from the Members in that House 
 having no desks for their papers or books, — nothing indeed 
 but the bare Beat ; whereas in the Canadian Assembly, 
 desks being provided for each member, which are chosen 
 and retained by them during the session, that difficulty 
 never occurs. 
 Drew. The members of the House of Commons never wear 
 
 any robes except the Speaker and the Clerks, who always, 
 in the House, wear gowns, as professors of the law in 
 term time ; also the four members for the city of London, 
 who, on the first day of every new Parliament, wear 
 scarlet gowns, and sit altogether on the right hand of the 
 Speaker's chair. And also the mover and seconder of the 
 Address in answer to the Speech from the Throne, who 
 must appear on that occasion, in full court dress. 
 
 Each member as he enters the House, makes his 
 obeisance to the Speaker by raising his hat, which he im- 
 mediately replaces, however, as he goes to his seat, but he 
 must not move from one place to another without taking 
 off his hat {w). 
 
 Privileges. The privileges of members of the House of Commons 
 
 commence on their election (a;); relative to them see chap. 
 II. On the Privileges of the House of Commons. 
 
 speaking twice. ^' ^® essential to the dispatch of business, and to the 
 observance of proper order in debate, that the rule tliat 
 no member be permitted to speak twice to the same ques- 
 tion, even though he may have changed his opinion {y), 
 be duly enforced. And it is the duty of the Speaker to 
 
 (le) Scoli. G. (z) See DacoD'o Abridgement, v. C, p. 547. 
 
 (y) Smyth's Comw. b. 2, cli. 3. See C. J. 23 June, 1G04 ; 21 April, IGIO. 
 
 * As it was round that Members caused their names to be ticketed on seats be- 
 fore the meeting of the House, it was declared by a recent Standing Order, that 
 no Member's name shall be affixed to a seat before the hour of prayers.— C. J. 
 C April, 1635. 
 
HOUSE OF COMMONS. 
 
 05 
 
 maintain the observance of this rulo without waiting for 
 the interposition of the House (z). 
 
 Notwithstanding all the care possible it will sometimes 
 happen that, under pretence of *' informing the House of 
 " a fact" (a), or of " making an explanation" (i), which 
 is of itself allowable, a member will break the order and 
 speak twice, which, if permitted, would entitle others to the 
 iMine indulgence. Therefore, in order to allow more 
 rc(]iient and ample discussion than the forms of the House 
 will admit, Committees of the whole are appointed, where 
 cvory member may speak as often as he thinks fit. If a Where aHowa< 
 new motion is made pending the former motion, as to 
 " adjourn," &c. or by way of amendment, or for the previ- 
 ous (question, or if the Bill be read more than once the 
 samo day, this entitles a member to speak again to that 
 question. And also members who make a motion, are 
 allowed the privilege of a reply. 
 
 The strict observance of the Rule must, therefore, 
 materially depend upon the good sense and delicacy of 
 feeling in the Members themselves. 
 
 When u Member rises, in order to speak, no question iiu|,„to»pcak- 
 is to be put, but ho is to be heard, un'.ess the House over- '"S* 
 rule him (c). 
 
 The Speaker names the Member who first rises to speak to 
 a question, and where two or more members rise together, 
 the Speaker names him who first catches his eye, and it 
 is customary and advisable for the sake of order, to submit 
 to his decision, nevertheless if the House think the 
 Speaker abuses his trust and is partial in his decision, they 
 need not submit to it, but they have the remedy in their 
 own hands, by putting the question of '• which Member 
 rose first" (d). 
 
 (t) linkow. 37. 
 (6) '2 Huts. 99. 
 
 (o) 3 Grey, 357, 416. 
 (c) 4 Grey, 390. 
 
 ((/; 2 HaU. 76 ; D'Ewea, 131, col. 1, 3. 
 
::,ii' 
 
 96 
 
 ox MEAinrns of the 
 
 When a Member speaks, ho is to stand up in his place, 
 
 id addr 
 
 himself to the Cht 
 
 b<it in- 
 
 Disordrrly 
 •]icakiii^. 
 
 uncovcrecJ, and auaressiiig liimsei 
 stances have occurred, in both Houses, of Members suf- 
 fering under indisposition, being allowed to speak sitting 
 (r). When a Member speaks impertinently or beside the 
 question, superfluously or tediously, it is the duty of the 
 Speaker to interrupt him, and the House ought, for their 
 own sake, to support him in his interposition {/). 
 
 A Member has sometimes risen to address the Hotisc 
 before the Speaker has put the question {g), but tht; 
 Speaker, not seeing him, has proceeded to put it both in 
 the affirmative and in the negative : and sometimes a 
 Member offers to speak after the question is put. The 
 . , order of the House appears to be, that any Member may 
 
 Not tonpnak till '.' . ... . , 
 
 qui-tiion put. speak after the question is put, and voice given in the 
 affirmative, but not after the voice given in the negative {h). 
 And by the rule of the House (<), it is the duty of the 
 Speaker to repress all personal and disorderly expressions, 
 and if any Member behave in a disorderly manner, by 
 interrupting the order or gravity of the House, the Speaker 
 is to name him. 
 
 When, in obedience to this order, the Speaker calls 
 upon a Member " by name," the Member is immediately 
 directed to withdraw. Ho is first heard if he wishes it, 
 and then withdraws. The Speaker will then state to the 
 House the offijnce committed ; and the House will consi- 
 der what punishment they ought to inflict upon the 
 offender (/r). 
 
 Oiuofordprtft In addition to speaking more than once in the same 
 
 rntliTt on pr^'lc- * " 
 
 inniiinaiion of debate — bcside the (juestion — or against particular Mem- 
 bers, it is considered disorderly to reflect upon the prior 
 proceedings of the House , and it was the ancient practice 
 
 (e) 1 Grey, 105 ; Scobcll, 52. (/) Scob. 31-33; Hole of Purl. 133. 
 
 (g) C. J. 17 May, ICOf) ; 27 Jan. 17P9. 
 
 (h) C. J. 13 Junn, 1604 ; 2 Huts. 102-3. (i) C. J. 19 April, 1604. 
 
 (k) Sec instances in C. J. 5 May. 1641 : 22 Juii, 1093 ; «ud 22 Feb 1.^10. 
 
 Saning a Mem 
 bur. 
 
iiorsr OF COMMONS. 
 
 07 
 
 is 
 
 y 
 
 it, 
 
 le 
 
 or 
 ce 
 
 tliat no man had a rif^lit to spoik ag .inst the tlotermlnation 
 of the House, unless he meant to conclude \\-ith a motion 
 for rescinding sucli determination (/). Uut while a pro- 
 position is still under consideration — is still >// ^^cri — 
 though it has even been reportcil by a Committee, reflec- 
 tions upon it are no reflections on the House {m). 
 
 It is highly disorderly to repent ay opinion, or pre- on-i rrp...i 
 tended opmion ot tlic King, on any p oceeding dtpendmg Ki ir on niaiu>ri> 
 in either House, with a view to inlluence the House ''"" '"^' 
 thereby (n) — or to speak of the King irreverently or sedi- 
 tiously {o). 
 
 No Member should be called upon by another to state \nw.«pr,pcr 
 whether a Report in a newspaper of certain expressions '^"* ""^ ' 
 made use of by hlni, be correct or not {2>). 
 
 Walking up and down the House, standing on the floor pi,rp^„rdof 
 {q), in the passages, or in the galleiy, taking books or *^"'''''- 
 papers from the table, or writing there, tn the interruption 
 of the Clerks, are instai)ci.'s of disregard of rules. Cross- 
 ing between the Chair and a Member tiiat is speaking, or 
 between the Chair and the table, or between the Chair 
 and the mace when the mace is t d<en oft" the tabic by the 
 Serjeant, arc disorderly proceedings. 
 
 No person, in speaking, is to mention a Member then 
 present by his name, but to describe him by his seat in 
 the House, the place he represents, or " who spoke last," 
 &c. (r) — nor to digress from the matter to fall upon the 
 person [s], by speaking reviling, nipping, or unmannerly 
 words against any particular Member it). The conse- 
 
 ° *' ' II- Motives not to 
 
 quences of a measure may be reprob aed in strong terms, i>" imputed m 
 but to arraign the motives of those who propose or advo- 
 
 (J) Rushw. p. 3, ful. 4:1. (w) 9 Grey, 508. 
 
 («) 8 Grey, 22 ; C. J. 1" Doc. 1733. 2 Hats. 251, 6. 
 
 ((;) 2 Hnts 170 ; Smyth's Comw. b. 2, cli. 3. 
 
 (p) C.J. 17 April, 18.17. (7) Scob. G ; 3 Gr?y, 403. 
 
 (r) Smyth's Comw. b. 2, ch. 3. (*) llalc of Pari. Vii ; Scob. 31 
 
 (0 Smyth's Coraw b. 2, ch. 3. 
 
 Dcb.ae. 
 
-i 
 
 !!h; 
 
 u\ 
 
 98 
 
 ON MKMnCRS OF TIIR 
 
 cate it, Is against order, and should be suppressed by the 
 Speaker (v). 
 Order in Dcbntc No one Is to disturb another In his speech by hissing, 
 coughing, or spitting {w), speaking or whispering to ano- 
 ther (x), or any other Interruption (?/). 
 
 Nevertheless, if a Member find that it Is not the Inclina- 
 tion of the House to hear him, and that by conversation, 
 or other disturbances, they endeavour to drown his voice, 
 it Is his most prudent course to submit to the pleasure of 
 the House, and sit down ; for it scarcely ever happens that 
 they arc guilty of this piece of ill manners without suffi- 
 cient reason ; or inattentive to a Member who says any- 
 thing worthy their attention (s). 
 _. If, in the debate, words are let fall which give offence 
 
 against ««•■»«••» the porson excepting against them must do so immediately 
 •*«•■• (a) on the conclusion of the speech, but not before (Z»), by 
 
 repeating them aloud, and the Speaker must desire the 
 Clerk to take them down. If there be any doubt as to 
 the precise words, the sense of the House Is to be taken 
 upon them ; and in case the Member using them desire it, 
 or the House command it, he is to explain himself, which, 
 if he refuse to do, or the House be not satisfied with his 
 explanation, then he is to withdraw (c). The Speaker 
 then states the offence committed, and the sense of the 
 House is taken upon the subject {d). 
 
 When words of heat or contumely escape any Member, 
 the Speaker should not permit them to pass unnoticed ; 
 and, on his observing them, the Member offending must 
 make an apology, in as general terras as possible, so that 
 it may include the person of whom the words were used. 
 When Members have deviated into warm and personal 
 
 Punishment of 
 such words. 
 
 Words of heat. 
 
 (») S. O. H. of C. 19 April, 1604. 
 (x) Scob. C ; D'EwcB, 487, col. 1. 
 (O 2 Hats. 77, 78. 
 (6) 5 Grey, 356 ; 6 Grey, 60. 
 <d) 4 Grey, 170 ; 6 Grey, 50. 
 
 (tfl) 6 Grey, 332; D'Ewes, 640, col. 1. 
 (y) Town. Col. 205. 
 (a) C. J. T. 68, p. 328. 
 (r) Scob. 81. 
 
 \ 
 
IIOl'SF, OF rOMMONP. 
 
 00 
 
 altercation, the House frequently requires from them 
 assurances that they will not proceed further in the busi- 
 ness (?) ; or orders them to attend the Speaker, who is to 
 accommodate their difterences, and report to the House 
 thereon {/), and they are put under restraint if they 
 refuse, or until they do (g). 
 
 It has been observed, that nothingr tends more to throw I'vii'fiipimrjurc 
 power into the hands of the majority than a neglect or 
 departure from the rules of the House. The forms of 
 proceeding have been, in many instances, a shelter and 
 protection for the minority. 
 
 The House having considered the offence committed by KiTrimandiiig a 
 a Member to be worthy of reprimand, after the debate is 
 over he is called to the Bar, where, commonly on his 
 knees, ho receives a reprimand from the Speaker {/<) ; and 
 if the offence be great, he is expelled the House, or sent 
 to the Tower (i), and sometimes both. 
 
 If a Member be imprisoned by order of the House for a imprisonmmi 
 
 , . "'"I R^■l«'u^c■ of 
 
 term uncertain, a motion is generally made by one of his Mtmb.rf. 
 friends, at tho expiration of a few days, that he be dis- 
 charged upon payment of the required fees to the Sergeant- 
 at-arms ; but if no such motion be made, or if it be reject- 
 ed, ho remains confined until the prorogation of parliament, 
 beyond which the power of the Commons to imprison 
 does not extend. 
 
 The House has, besides this, always exercised the Kxpc'imp Mnn- 
 power of expelling its members, for libel upon themselves, 
 or upon complaint or proof of any crime in him {k) ; and 
 Blackstone lays it down as a rule (Z), that a person can be 
 incapacitated Jbr that parliament by a vote of the Houso 
 
 (/; 3Grcj', 4ll». 
 
 (h) C.J. V. 65, p. 13C. 
 
 (c) 5 Grey, aS'J ; C.J. 13 April, lbl3. 
 
 (g) Grey. 235,3' . 
 
 (i) C.J. 4 Dec. -.17. 
 
 (k) Wbilclock, 102. Sec instances in L. J. 3 May, 1G20 j 13 May, 1624 ; 28 
 May, 1725; and in C. J. 11 Feb. 1580; 21 June, lC2di » Nov. & 21 Jan. 1640; 
 e Mar. 1676; G Mar. 1711 ; 17 I'cb. 1769. 
 
 (0 1 Bl. Com. 176. 
 
'I I 
 
 1 I' 
 'li 
 
 100 
 
 ov MrMBERs or Tur. 
 
 of Commons, and Jor .^rerLyan actof tlio Legislature {ni). 
 But, with respect to the former part of this, it would seem 
 that lie over-rates lite power of tlio House of Commons, 
 for, some years after Mie rase of the expulsion of Wilkes 
 (when it was declared ihat having been expelled, he was 
 no longer eligible for that parliament (n), ) it was ordered 
 that all the Keso^itions, orders, &'c. with respect to him 
 should be exp r-'C^'d from the Journals, as being subver- 
 sive of the rights of tiic whole body of electors of England 
 (o). Thereby implying, that although a member may, 
 for any crme or other offence, be expelled the House, 
 yet he may be re-elected by his constituents, if they, with 
 a full knowledjre thereof, think proper to do so. 
 I'rorpcdiiiM if Thus eacli House mav be said to exercise unlimited 
 
 iirivilccc ofoiin . i* i • i r» i i 
 
 lioiiMriKMii.iiii.d power over Us own mcmbcr>, but in tho event of a breach 
 Hit' otiior. of their privile^res by a member of the other House, tlio 
 
 mode of proceeding is, to examine into the fact, and then 
 lay a statement of the evidence thereon before that House 
 of which tho person complained of is a member, tliat they 
 may, in their discretion, determine upon his oflfence. For 
 neither House can take upon themselves to redress any 
 . injury, or punish any breach of privilege offered to them 
 iTousT" "'^ **° ^y *"y member of the other House. The leading prin- 
 ciple which appears to pervade all the proceedings be- 
 tween the two Houses of Parliament is, that there shall 
 subsist a perfect equality with respect to each other, and 
 that they shall be, in every respect, totally independent 
 one of the other. Where the cause of complaint is words 
 spoken by a member of either House, reflecting upon the 
 other House, or upon any of its members, it appears from 
 the several instances to bo extremely difficult to obtain 
 redress, not only from the difficulty of ascertaining the 
 exact expression, and the meaning which it is intended 
 
 Disorderly to 
 rcflnct upon 
 other House, &c 
 during debate. 
 
 (m) As 7 fieo. I. ch. 28. 
 (o) C. J. 3 May. 1763. 
 
 (n) C. J. 17 Ffb. 1769. 
 
 U'l 
 
 \ 
 
 g \ 
 
IIOL'.T OF COMMON-* 
 
 lot 
 
 rin- 
 
 be- 
 
 Ishall 
 
 and 
 
 idcnt 
 
 ords 
 
 the 
 rom 
 italn 
 
 the 
 ided 
 
 ihry shall convey, but borauso it Is the prac lice of ilio 
 House of Commons, that if exception bo not tukon against 
 the expressions at tho linip, they cannot afterwards bo 
 called in question, even by tho llouso itself. And there- 
 fore, it is the more incumbent upon the Speaker to inlci- 
 fero immediately, and not permit such expressions to pass 
 unnoticed. 
 
 Where odcndincr persons are in custody bv order of f>nTniirri in ti.« 
 
 y ^ ^ , * C'uhtixlv i.fllie 
 
 either House, it is not consistent with the independent «>ihciHoui*e. 
 ccjuality which subsists between the two Houses for the 
 other to interfere, but if they have occasion for the pre- 
 sence of the person so committed, leave is usually asked 
 of the House that ho may be brought before them for 
 examination (/?). 
 
 No member may bo present in tho House when a Bill, Mmii.rr to whH- 
 or any other ousmess concernmg nimselt is debating \q) ; cd in debute, 
 while the Bill is but reading or opening, ho may. And 
 if he appear to be " somewliat" concerned in a question 
 ho must not vote upon it (/•). 
 
 If a charge against any member be clear and definite, 
 as being contained in a Report, or made by a witness 
 during an examination in the House (5), or founded on 
 any previous proceeding (/), the member accused, know 
 ing from that to what points he is to direct his e.xculpa- ti^'v 
 lion, is to be heard in his place and to withdraw before 
 any question is moved thereon, as in Mr. Walpole's case 
 (y) ; a decision which has been uniformly supported since 
 {id). But where the question itself is the charge, as for any 
 breach of the orders of the House, or for any matter that 
 has arisen in the debate, the charge must be stated, that is, 
 the question moved, before he withdraws. The Member is 
 
 (p) Dwar. 30C. (q) C. J. 12 June, 1G04. 
 
 (r) C. J. 4 Feb. 1C64 ; C Grey, 368. 
 
 (I) C. J. 21 Oct. 1667. (t) 2 Hats. 167, 163. 
 
 (V) C.J. 17 Jon. 1711. 
 
 (w) See Mirror of Parliament, 1837-8, v. 3, p. 2159.— OConnell'i «••. 
 
 IVhen to with- 
 
10-' 
 
 ON MKMIIKHS Ol' THE 
 
 not to withdraw until ho knows the substance of llic charge 
 ugainst him, anJ has been licard on the subject ; thi n, and 
 not till tlien, he is to withdraw ; as in the case ol" Sir \V*. 
 Wyndham (x). 
 How fur Mem- WhcD pajjcrs arc laid before tlie House, or referred to 
 I'o rr.i'mrVoiTi'rMi a Committcc, every nieniiier has a right to liave thcni 
 iu'ihciiouM?" once read at the table, before he can be com[)clled to vole 
 thereon. But it is a great, though common error, to sup- 
 pose that he has a right, totics f/uotirs, to have acts, io irnals, 
 accounts or papers on the table read, independently of the 
 will of the House. The delay and interruption which 
 this might be made to produce, evince the impossibility of 
 the existence of such a right. But the propriety of per- 
 mitting every member to have as much information as 
 possible on every question on which he is to votf?, is so 
 manifest — that when he desires the reading, if it be seen 
 that it is really for information, and not for dflay, the 
 Speaker directs it to be read without putting the (juesiion, 
 if no objection be made. J5ut if objected to, a (pication 
 must be put (j/). 
 
 It is equally an error to suppose that any member lias 
 
 Or IoIhv u paper, » •' i I "Z 
 
 ,Vi.cjiiiiinniMi?^^ ^ light, witliout a question put, to lay a book or paper on 
 
 ..ipriviLirr, lie- jjjg Table and have it read, on sufjcrcstinf' that it contains 
 Joru ihc Uou»c. _ o" ^ ° 
 
 matter infringing upon the privileges of the House (c). 
 
 For the same reason a member has not a right lo read 
 a paper in his place, if it be objected to, without leavo of the 
 House. But this rigour is never exercised but where 
 there is an intentional or gross abuse of the time and 
 patience of the House. A member has not even a right 
 
 Or to read papers » . • • i . • 
 
 ju his place. to read his own speech, committed to writmg. Without 
 leave. This is only to prevent an abuse of time, and 
 therefore is not enforced but where that is intended {a). 
 Formerly, when papers were referred to a committee, 
 
 (z) C. J. 3 .Ipril, nij. 
 (:; SllaU.lIt^. 
 (b) illati.117. 
 
 (lO ailute. 117, lis. 
 (a) S Grey, 277. 
 
noi ?r. or coMMoxf'. 
 
 lO.J 
 
 MIS 
 
 tlioy iisoJ lo be first rcaJ iti iho House ; but of lale, only 
 tbo titles of tlicm ; udIcss a member Insists upon their 
 beiiiLj read, and tlicn no one can oppose it (A). 
 
 Any member may call fur tiic execution of a subsisting r'nforrmiPMi i.r 
 order oi the House, and m doing so he docs not properly 
 muUe a motion, but tii/ws iiutice that the order is 
 disulieycd ; a>id if a member in his place take notice of 
 I here belni^ strangers in the House, it is the Speaker's duty 
 to order the Sergeant to clear the House immediately of 
 all but the members, without permitting any (juestion or 
 debate thereon. 
 
 Ijolh Houses can enforce the attendance of their mem- roiiofiiio 
 be"s, and t!iis is done by ordering a call of the Houso 
 upon a particular day, and punishing by fmb or imprison- 
 ineiit such members as continue absent (c), see chap. V'l. 
 On the Proceedings in the House. 
 
 No mi.Mnber shall depart until the end of tho session ai!;,il'ruMuV,",.i 
 without having obtained leave of the House to do so, llJi^*;"^*!"" ''''''' 
 which must be entered on the Journals, for by such a pro- 
 ceeding he renders liimself liable to be brought back by 
 tho Sergeant-at-arms, if on a call of the House, his absence 
 becomes apparent. 
 
 (c) Sec Uuporl of Proccdcats on this sulijcot in L. J. J5 J.ily, 1^00. 
 
 nd 
 
 ;e, 
 
4!s 
 
 ( 104 ) 
 
 CHAP. V. 
 
 ©It tte 
 
 t^resentatCon antr STrCal of SlectCon l^ctttfonis. 
 
 Ei.ECTTON 
 I'tTlTIONS. 
 
 I 1. 
 
 The form and manner of proceeding upon Election 
 Petitions was regulated by the 10 Geo. III. ch. 16. com- 
 monly called the Grenville act, which has been amended 
 by many cubsequent statutes,* the provisions of which are 
 now consolidated into one, with considerable amendment;, 
 viz: 9Geo. IV. ch. 22. t 
 
 The Colonial Practice in this respect is regulated by 
 the statutes 4 Geo. IV. ch. 4. and S Geo. IV. ch. 5 — 
 which were made perpetual by 2 Vict. ch. S. These sta- 
 tutes were founded upon the British Acts, but having been 
 passed prior to the 9 Geo. IV. ch. 22 — the many improve- 
 ments introduced into the system by that enactment are 
 not included in Canadian Election Law. This chapter, 
 therefore, will treat of the Imperii I usage, upon which 
 the Provincial is founded, marking the difference which 
 
 * The following Special Acts have been passed, regulating the tii.il of Con- 
 tested Elections, viz.: 10 Geo. III. ch. 16 ; 11 Gen. III. ch. 42; 14 Geo. III. ch. 
 15; 25 Geo. III. ch. S4 ; 28 Geo. III. ch. 52; 32 Geo. III. ch. 1 ; 36 Geo. III. ch. 59; 
 42 Geo. III. ch. 84 ; 47 Geo. III. scss. 1, ch. 1 ; 53 Geo. IH. ch. 71 ; and 9 Geo. IV. 
 ch. 22, which rppenis all the foreg'oin^, with the exception of 25 Geo. III. ch. 84, 
 and tho 31st clause of 28 Geo. III. ch. 52. 
 
 t By a recent In)pcri:il Statuln, 2 & 3 Vict. ch. 3$, nn entirely new mode of 
 trying Election Petitions is provided, and the operation of the Act9Guo.IV.cli.22, 
 Kiifipcudod for a limited time, in order that the nenr system may have a fair trial. 
 But as thcro is a probability thit it may not ultimately go into operation, at least 
 without somo n!t?r.itions v.hich may be found necessary by practice, and ns it 
 coniplotely difTcrs from the present Trovincial usage, 1 have not included ui 
 provisions in this Chnpter. An nbflract of its content?, hows vcr, will be found 
 in Jppcndiz J'l. 
 
 J. 
 
 
 O 
 
ELECTION PETITI0\3. 
 
 105 
 
 exists between the two systems in Italics, which will be 
 used to designate the latter. 
 
 The members first returned to Parliament are by Law, JJ'TS/Mem- 
 ihe silting members, until the House, upon Petition, shall ''«",— uutii. 
 determine otherwise. 
 
 The judicature by which petitions upon election matters 
 are tried, is a Committee chosen by Ballot from among 
 the members, who are required to report their decision to 
 the House. 
 
 The Petition must set forth the specific grounds of Ti»e Petition, 
 objection, and its allegations must be supported by proof. 
 
 Any person claiming to have had a right to vote at the By whom to be 
 Election; or to have been returned; or alleging himself 
 to have been a candidate, may present a petition com- 
 plaming of an undue election ; but one subscriber to the 
 Petition must, within fourteen dvi^ s, enter into a Recoo^ni- R^ognizancet 
 
 ° required for 
 
 zance, himselt m c£1000, with two sureties in «£500, or <^o*'»> *-c- 
 four in d£250 — to pay the costs of witnesses, clerks, 
 ofHcers of the House, &c, which costs are to be taxed 
 under the direction of the Speaker in the manner herein- 
 after set forth. 
 
 Bi/ the Provincial Statute no Recognizance for the lyay- 
 mcnt of costs is required, hut they are ascertained and 
 allowed o? hereinafter described. 
 
 And by a sessional Resolution* of the House, the Peti- When Petition 
 tion must be presented within fourteen days from the date ** '-'P''"^""' 
 of the Resolution, or within fourteen days after a new 
 Return shall be brought in {a). The practice of Parlia- 
 ment with respect to the limitation of fourteen days is very- 
 strict. When a petition was delivered to the Clerk of the 
 House on the evening of the day on which the fortnight 
 
 (a) C.J. 23 Nov. 1802. 
 
 * The Act 9 Geo. IV. ch. 22, snys, on this head, that Petitions " shall be pre- 
 " rented within such a time as the House shall from time to time a >point." But 
 the »arae limitation to lourtcen days prevails ii< the Avsomhiy of this Proviiice, by 
 the authority of a Standing Order, see M.S.S. Journals, 162?, p. 74C. 
 
 
 
 / 
 
 ^. 
 
 / 
 
 c 
 
n 
 
 lOG 
 
 IMlt.-iKNTATlON AND TKIAL Of 
 
 expired, but after the House was up, although there were 
 very particular circumstances in the case, the House 
 refused to relax the Rule (6). But when the House has 
 not sat on the fourteenth day, the R'jle has received an 
 equitable construction, and petitions have been received 
 on the next day of its sitting (c). When the fourteen 
 days expire during an adjournment, application is made to 
 the House to extend the time, and receive the petitions. 
 Petitions in such a case must be presented on the first day 
 of the meeting of the House after the adjournment. 
 Rcnpwed Pcti- -[/'<* Petition be not taken into consideration during the 
 madVia'canaUa. scssion in wJiich it 18 presented^ it must be reneioed in the 
 next, and in every subsequent session, until it shall be tried 
 {d). The renewed petitions must be the same in substance 
 as the original 2^^tifion, and must not contain any neiv 
 allegations, or, it is supposed, receive any new signatures ; 
 hut signatures may be toithdrawn {e). If the Petitioners 
 do not present a renewed Petition, as aforesaid, they forfeit 
 the Recognizances tliey arc required to enter into for the 
 jtrosecution of the contest. 
 
 In the Consolidated Act, 9 Geo. IV. ch. 22, nothing is 
 said about renewed petitions, but it is provided in clause 
 56, that if the Parliament shall be prorogued after any 
 Petition complaining of an undue election, &c. shall have 
 been presented, but before it has been taken into consi- 
 deration, the House shall, within two days after the next 
 meeting of Parliament, appoint a day and hour for taking 
 it into consideration. The law, therefore, which relates 
 to renewed petitions, may be considered as no longer in 
 force in Great Britain, since such petitions are not required 
 by the new Act, but the House, of its own accord, must 
 enter into the consideration of those that have been before 
 presented {f). 
 
 Not required ia 
 Iiupcriall'arlia- 
 lueut. 
 
 (fi) 1 Dougl. 84, Introd. 
 
 («f) Prov. Act 4 Gfo. IV. ch. 4, s. 29. 
 
 (/) Finnely'a Elcc. Law, 89. 
 
 (r) Northampton Case, 1 Dougl. 62, 
 (e) 2 Tcckw. 146, h. 
 
ELECTION PETITIONS. 
 
 107 
 
 By a Resolution of the House of Commons (g), when- ['''•"r''",!'"' , 
 ever a Petition complaining of an undue election or return " 'iu<;»'i"'> i'"'- 
 shall be offered to be' presented to the House, within the 
 tlmo limited for receivinp them, such petition shall bo 
 delivered in at the table and be read, without a question 
 being put thereon. 
 
 There is also a Resolution of the 25 May, 1784, cm- ;;'"*;"">'''s 
 bodying the substance of several former Orders, that 
 whenever several Election Petitions shall, at the samo 
 time, be offered to be presented to the House, the Speaker 
 shall direct such petitions to be all of them delivered in at 
 the table, where they siiall be classed and read in the fol- 
 lowing order, viz. — such petitions as complain of double 
 returns (or of no returns [h), ) in the first class ; such as 
 complain of the Election or Return of Members returned 
 for two or more places, in the second class ; such as com- 
 plain of Returns only, in the third class ; and the residue 
 of the said Petitions in the fourth class. And the names 
 of the places to which the petitions contained in the first 
 class (if more than one) shall relate, shall, in the first place, 
 be written on several pieces of paper of an equal size, 
 which shall be then rolled up, and put by the Clerk into 
 a box or glass, and then publicly drawn by him ; and then 
 the like method shall be observed with respect to the 
 several petitions contained in the second, third and fourth 
 classes respectively. 
 
 Petitions may be withdrawn upon matters which may P* «i«i"ns with- 
 have arisen since their presentation, upon the same being 
 stated upon oath to the satisfaction of the House (/'). 
 
 Upon the Petition being duly presented, the House couj,*,uercd!' 
 must appoint some day and hour for its consideration, and 
 the Speaker shall forthwith give a written notice to the 
 Petitioners and the sitting Members, &;c. to attend at the 
 
 (ff) 6 Dec. 1774. 
 
 (»} a Geo. IV. cli. 22, *. 9. 
 
 (h) By u Sc'^ioiial Resolution of the llontc. 
 
108 
 
 I RESENTATION AND TRIAL OF 
 
 No Return. 
 
 Form of Petition. 
 
 bar of the Huuse on that day by themselves, their counsel 
 or agents ; this day, however, may be altered, but notice 
 must be given of the new day appointed. 
 
 {Bij Sec. 3 of the Provincial Act, no Petition it to he 
 considered within fourteen days of its reading by the 
 Cleric.) 
 
 If the Petitioners do not attend, the Petition shall not 
 be proceeded with. 
 
 The Statute 25 Geo. III. oh. 84, provides for the case 
 of Petitions complaining of no return having been made, 
 or of its not being made in due time, &c. 
 
 In framing the Petition, there is no technical form pre- 
 scribed or settled by usage. It may be drawn up in 
 general terms ; so, however, as the matter charged be 
 distinctly stated in the form of a complaint (k). 
 
 There are four cases in which a voter may petition to 
 be admitted a party in the room of the sitting Member, to 
 defend the seat,* viz. : — 1st. If the sitting Member vacate 
 his seat, or decline defending ; 2dly, If he be made a 
 Peer ; 3d. If the House shall have resolved that his seat 
 is become vacant ; and 4th, If the Member shall declare 
 to the House, by a notice in writing, that it is not his 
 intention to defend his seat. In either of these cases the 
 House may adjourn the consideration of the Petition for 
 thirty days, in order to give time for the voter to 
 make his arrangements for the defence. All Petltion- 
 Rccoguizances. ers must enter into good Recognizances before the 
 Speaker, to be examined and allowed by him, within 
 fourteen days after the presentation of the Petition, or a 
 further time to be limited by the House, for the payment 
 of Costs, &c. and for complying with other conditions 
 mentioned in the Act 9 Geo. IV. ch. 22. And by an 
 Order of the House {l), Examiners of Sureties must meet 
 
 Petition to bn 
 allowed to de- 
 foad the seat. 
 
 (k) Dwar. 176. (J) C. J. 11 Feb. 1789, Sc 16 Feb. 1829. 
 
 * For the form of such a petition, see Appendix VII, 
 
ET.F.rTION* PFTITIONS 
 
 100 
 
 in a Committee-room to examine into their sufficiency, at 
 such time as they may appoint, within the time limited by 
 the Act 9 Geo. IV. ch. 22 (/. c. seven clear days). And 
 the Examiners are required to give three clear days* 
 notice in writing, to be affixed in the lobby of the House 
 of Commons, of the time and place of such examina- 
 tion.* 
 
 If Recognizances be not given, the Speaker reports it to f|{!'"''the''- "u°J' 
 the House, when the order for taking^ the petition into con- '1°' l"*^" •""!?''• 
 
 ' D I iliscliHrg'cii the 
 
 sideration will be discharged, unless the House see special **•-•""<*"• 
 cause to enlarge the time. For form of Recognizance sec 
 Appendix VIII. 
 
 By Provincial Statute Recognizances for the above Recogn 
 purposes, are not required, hut they must in like manner be '" Canada. 
 entered into, to bind the parties to appear and prosecute the 
 petition. For form of this Recognizance see Appendix IX. 
 
 The time for entering into Recognizances cannot be Time fore 
 enlarged more than once, or for any number of days lagged***' 
 exceeding thirty {Prov. act, twenty), nor the name of a 
 
 iizancci 
 
 nter- 
 en- 
 
 * Table of Fees that may be demanded and taken by the Examiners and 
 other perEons, for their attendance and trouble respecting such RecogoizaDce, ill 
 pursuance of a Resolution of the House, of the Iti February, 18129: 
 
 e. ». d. 
 
 To each of the said Examiners, for his pains and trouble 
 respecting the examination of the sulliciency of the 
 surety or sureties in any Recognizance, or respecting 
 the taxation of any Bill of Costs, Expenses or Fees, • 
 upon which an Order of Reference shall have been 
 made by Mr. Speaker to such Examiners, — for the 
 first day of attendance, the sum of 3 3 
 
 For every subsequent attendance, the r<uin of. 3 Q U 
 
 To the Speaker's Secretary, for his pains and trouble 
 respecting any such recognizance, and all matters 
 relating thereto, the sum of 10 
 
 To the Clerk who shall be appointed to attend the said 
 Examiners, fur his pains and trouble, on every at- 
 tendance, the sum of 3 Q 
 
 Memorandum : That if Orders of Reference are made 
 upon two or more Bills of Costs, Fees or Expenses, 
 arising on the same Petition, each day of meeting 
 shall be aoniidered as one attendance. 
 
 P 
 
% 
 
 110 
 
 PRFSENTATION AND TRIAL OF 
 
 How forfeited. 
 
 Petitions consi- 
 dered. 
 
 In Canada, List 
 of Witnesses to 
 be delivered in. 
 
 Commissioners 
 to examine them 
 may be appoint- 
 ed. 
 
 Powers, Rcffii- 
 lations, &c. of 
 Commissioners. 
 
 surety be changed more tlian once (tn). This is not pro- 
 vided h7j the Trcvivcial act. 
 
 Persons living more than forty miles from town may 
 enter into recognizances bclTe a Justice of the Peace, and 
 the Examiner of sureties mny Jrcide upon their sufficiency 
 by Affidavits sworn before a Master in Chancery, or a 
 Justice of the Peace («.) There is no such provision in 
 the Provincial statute. 
 
 Jf the Recognizance hecortvC forfeited, the Speaker of the 
 House of Aasemhlij shall cerlifij the same into the Court 
 of King'."; Bench, and cause his certificate and the Recog- 
 nisance to be dclircrcd to the Chief Justice if that Court 
 by the Clerk of the House (o), and it will thereby become 
 estreated. 
 
 On the day appointed for the consideration of the Petition, 
 if one hundred {thirty) members do not attend, the House 
 shall adjourn from day to day (except Sundays, Christ- 
 mas Day and Good Friday) till thenj shall be one hun- 
 dred {thirty) members present, and on such a day the 
 House shall not proceed to an^ other business prmiously to 
 reading the order of the day for considering the petition,* 
 
 (m) n Geo. IV. ch. 2-2, s. 5. (h) Geo. IV. cli. 22, s. »-. {o) Prov. SUU 8. 29 
 
 "' By the Provincial Act 8 Geo. IV. tli. 5, it it "Uiu ti'd, that nt the time ap- 
 pointed for trying any controverted Election, both pan us shall deliver in to thu 
 Clerk of the House, a list of the Witucssc.i required hy tiicin for tlicir support, 
 with the places of their residence, which is to be read by tho Clerk in his place. 
 
 And where it appears that tho cxpence of tiie attendance of such witnostus 
 would be considerable ; or if the jtarties desire it, the House will appoint three 
 Commissioners (one of whom, with the Chairman, shall be ai]uurum) to exanuus 
 such witnesses when and where the House shall direct. 
 
 These Commissioners must bo sworn by the Chairman, he liimself having first 
 taken the oath in their presence (For the Form vf Oath, ace Appendix X). 
 They must meet every day (Sundays and holidays excepted) and shJl not ad- 
 journ for more than twenty four hours, except in cases of death, sii.'kncas, una- 
 voidable absence of one of them, or removal to another place of meeting. 
 
 They may appoint a Clerk to take down their proceedings, with the evidence, 
 Ice. adduced before them, who must be sworn by them, or any one of them, with 
 the Oath contained in Jppendiz XI. And tho Clerk in authorized, at the request 
 of either of the parties, to furnish them with copies of the proceedings and evi- 
 dence, for which he may charge them sixpence per folio. 
 
 The CommiesioncrB mny dotnond fifteeu sbilliDgt a day for tbcmtolvct, and too 
 
::i,ECT10.\ PETITIOVS. 
 
 ni 
 
 except swearing in members {/7iis is the only exception hy 
 Provincial Act, sec. 7 ;) recnivinf^ reports from select com- 
 mitteeg, amending a Return, attending His Majesty, or a 
 Commission in the House of Lords, receiving a message 
 from the Lords, or proceeding upon the order of the day 
 for the call of the House, and making other orders for 
 enforcing the attendance of members. 
 
 Before the order of the day for the consideration of the ''>icmber»«uiii- 
 
 •' IIIUUCll. 
 
 Petition is read, the Serjeant at Arms must go with the 
 mace to the places adjacent and require the attendance of 
 Members. After his return, the House must be counted. 
 If on summoning and counting the House, 100 {or by 
 
 ■hillings a iJay for their Clerk, while cinployeil in their duty. Thi? expense in 
 to be borne criually, in the first instance, by the i);>riios, airj evcntnally by the 
 person who A\n\\. by law be subject to the costs of >iic!i election. 
 
 The Commissioners have likewise power to suninioa the Witncsse* on th« 
 above-mentioned li^t, and examine ihem upon oath, a reasonable sum being piiid 
 them for atlciidinp, if required- 
 
 And if any person refuse to nppcar,or is guilty of contempt to the Conimission- 
 ers in the execution of thsir duty, they may be fined a sum nut exceeding i^»0, 
 10 bo lecovei'cd in a summary manner before the Coniniisiiioners, uiid in case ui 
 non-payment, by distress of goo'ls — or, if there should be no cli'ijcts, committal to 
 the Gaol of the District for a term not exceeding six months. Such fines tu bo 
 paid to the Ilecciver.Gcneral, for the public uses of the Province. 
 
 After the Evidence is closed, the Commissioners must transmit a certified copy 
 of their proceedings, with the evidence, to the Speaker of the lloiiso of Assem- "' Pro<"'-<'diMg» 
 hly, to be by him delivered to the Chairman of the Election Committee — who ere be gent to tho 
 to make tho same use of it, as if it had been delivered viva voce before them. House. 
 
 .\nd if the Commissioners' Return shall not have been made on tho day ap- 
 pointed for the meeting of tho Select Committee, they may adjouin from day to "*" sent, 
 day until it is received, or until the Hou.<e shall dissolve them for want of such 
 return. But uo such dissolution being made is to extend to prevent another 
 ''Committee being appointed for the trial of such contested Election. 
 
 It is also required by a Standing Order of the House of Assembly of Upper Lists of intended 
 Canada (tide M.S.S. Journals, 182.5, p. 48), That in all cases of Controverted wl»jected votes to 
 Elections in tho Province, tho Petitioners do, by themselves or their Agonts, botwc*t'rt'ho nar- 
 within a convenient time to bo appointed by the House, deliver to tho Siftin;^ lies. 
 Members or their Agents, a list of the persons intended by the Petitioners to be 
 objected to, who voted for the Sitting Members — giving, in t!i3 said lists, the 
 several heads of objection, and distinguishing^ 'ho same nguinst the names nf dm 
 voters excepted to; and that the Sitting Members do by themselves or their 
 Agents, within the dame time, deliver similar litts ou their part to the Petitioners 
 or their Agents. 
 
112 
 
 PKKSKNTATION AND TRIAI- OP 
 
 I 
 
 i: 
 
 ( 
 
 Rnllot for Com- 
 mittee. 
 
 Who nxciised 
 from serving. 
 
 Provincial act, 4 Geo. IV. c/i, 4. Sec. 4, thirty) Members 
 are present ;* the parties, their counsel or agents, attend 
 at the Bar, and the door is locked, and the Order of the 
 Day then read. 
 
 . The names of all the Members are then put into six 
 {three) ballot boxes or glasses, in equal numbers, {and 
 then sha/ccn together,) — such names having been previously 
 written, {or printed,) on slips of paper {or parchment) by 
 the Clerk, as near as may be of equal size, and put into a 
 box by him in presence of the Speaker, and the Speaker 
 having sealed the box, and afTixed his written attestation 
 thereto, — and tlie Clerk shall draw a name from each of 
 the glasses in rotation, which sliall be read by the Speak- 
 er aloud, till the names of thirty-three {txcenty -three) 
 Members present are drawn. Members who have voted 
 at the election in question, or who are petitioners or peti- 
 tioned against, or whose return shall not have been 
 brought in fourteen days, must be set aside, for they 
 cannot serve, and persons who are sixty years of ago, or 
 upwards, or who have served before that session, are 
 excused, if they require it {by Provincial act, Members 
 who Jtave served before are not excused if the House 
 resolves that the number is insufficient tvithout the?n) ; and 
 others who can show any material reason may also bo 
 excused by Resolution of the House. But such reason 
 must be verified on oath, and taken down by the Commit- 
 tee clerk, that it may be afterwards entered on the Journals. 
 In the place of members so set aside or excused, tho 
 namesof other members shall be drawn, till thirty-three 
 
 ' But if more Committees tlian one arc to bo appoiHted the same day, on dif- 
 ferent petitions, the numbers required to bo present iil the counting of the Houso 
 .vo — 
 
 To form a list for more than one Committee, IQO. 
 
 ' for more than two Committees, 180. 
 
 for more than three Committees, 240 arc Ecquisilc (9 Ueo. IV. cb. 
 
 a?, 8. 110.. 
 
 There iu uo similar provieiou ia the i'rovincini Act. 
 
ELrXTION PLTITIO.NS. 
 
 113 
 
 {twenty-three), are selected. If the number of tlilily-lhrec 
 [twenty-three) not set aside or excused, cannot bo com- 
 pleted, the House shall then adjourn from day to day in 
 like manner as if the requisite tiumber of one hundred 
 [thirty) members were not in attendance. 
 
 Bii Provincial act, after the number is romvletcd, eacli Nnmiruri iip- 
 
 ■^ . . ^ _ ' |).>iiitoil by jiar- 
 
 oj the parties is allowed to name one additional member to t"c«- 
 serve on the Committee, from among those present whose 
 names shall not have been drawn. But such nominees may 
 be set aside o excused in the same manner as the mcm- 
 hera balloted for, and other 7nembcrs noininatcd in their 
 place. 
 
 After thirty-three [ticenty-three) names are drawn, lists Pnrtics muit 
 
 „ , 1 II 1 • 1 • • 1111 withdraw to 
 
 01 them shall be given to the respective parlies, who shall reduce List, 
 withdraw, together with the Clerk of the committee. And 
 the doors shall then be opened, and the House may pro- 
 ceed upon any other business. 
 
 The Provincial act provides that immediately after the 
 parties have tcithdratcn, any member may require that the 
 names left undrawn at the Ballot, be read by the Clerh. 
 
 The parties having withdrawn, shall then alternately List reduced, 
 atrike off one from the list, — the petitioners beginning — till 
 the number is reduced to eleven [nine). 
 
 The Provincial act does not allow the nominees to be 
 struck off. And the Committee clerk, within half an hour 
 [one hour) at farthest, from the time the parties withdrew, 
 must deliver into the House the names of the eleven 
 (wiVtc) members remaining, who shall constitute the Select 
 Committee. 
 
 If there are three parties, they shall alternately strike off where there are 
 one, the order in which they shall do it, to be determined concerned " 
 by lot. [If there are more than tioo parties, neither of 
 them arc allowed by the Provincial act to nominate a 
 inember.) 
 
 After the list of nine members shall be returned to the 
 
114 
 
 PRESENTATIOjr AND TRIAL OF 
 
 RrJucod lilt to 
 chooio two mem- 
 Uurit. 
 
 Nomiuoos. 
 
 Proceedings co 
 no Uoturn. 
 
 romiuittce ap- 
 poiuted aud 
 ■ woru. 
 
 House, audi nine members shall immediately withdraw^ 
 and themselves choose two members as aforesaid, and report 
 them to the Ilovse icithin one hour ; such members to be 
 liable, like the others, to be set aside or excused. When 
 they are selected, their names shall be added to the list of 
 the Committee, and the eleven sworn together by the Clerk 
 at the Table. 
 
 The Provincial Act fur titer provides that if any member 
 shall be drawn at the Ballot whom cither party intended 
 to be their nominee, he shall if he consent, be set aside, and 
 unless objected to, shall serve as such nominee. And if 
 either of the parties decline to nominate a member, his 
 place sliall be sup2>lied by a member chosen by Ballot. 
 
 The proceedings are the sarae if the Petition should 
 complain of no Return having been made within the timo 
 required by Law. The House can then order the return- 
 ing Officer to appear by himself, his counsel, or agents, 
 and if he attend — and more Petitions than one are pre- 
 sented, on distinct interesta or different grounds, — the 
 House shall determine, from the nature of the case, whe- 
 ther he is entitled to reduce the list with the petitioners ; 
 or, if he do not attend, the House may authorise some 
 one to appear for him, and join in the reduction. 
 
 The members of the Committee, being appointed and 
 sworn*, shall then be ordered by the House to meet 
 within twenty-four hours (unless a Good Friday, Sunday or 
 Christmas Day intervene) ; and they cannot adjourn for 
 more than twenty-four hours (except as aforesaid) without 
 special motion, and leave of the House, stating the cause. 
 And no member of the Committee shall absent himself 
 witliout such leave, or an excuse allowed by the House at 
 its next sitting, on special cause shown and verified upon 
 oath, — under penalty ofx being reported to the House by 
 the Chairman, and dealt with accordingly. 
 
 '' For the form of Oath, «ee Jppmdix XJI- 
 
ELECTION PETITIONS. 
 
 115 
 
 The Chairman of the Committee is elected by them- chBirmi»n. 
 selves, and on an equality of voices, the member whoso 
 name was Brst drawn in the House shall have the casting 
 vote, 80 also, in the election of a new Chairman (;>). 
 
 The Committee must not sit until all its members to jaittinir »nii 
 whom leave has not been granted, are present, and if all do ofCo'mnmtcc. 
 not meet within one hour of the time appointed, a further 
 adjournment shall bo made, and the cause reported to the 
 House. If more than two Members are absent on any 
 account, the Committee are to adjourn {q). If the Com- 
 mittee be reduced by death or otherwise to less than nine, 
 fur three sitting days, it is dissolved, and another must be 
 appointed ; unless they have sat fourteen days, in which 
 case they may proceed with eight members. ( This ex- 
 ception is not allowed hy Prov. Act.) 
 
 All the Members take a solemn oath in the House, that ita Members 
 they will give a true judgment according to the evidence; 
 and every question is determined by the majority, and 
 cannot be put unless the requisite number of Members is 
 present ; neither can any Member vote on such determi- 
 nation who has not been present during every sitting. 
 
 The Committee having met, the Clerk reads the Peti- Proccedinirs 
 lion, as also the last determination upon the right of elec- ComDiittce. 
 tion, if there be any, and the Standing Order of the House 
 prohibiting the offer of evidence upon the legality of votes 
 contrary to such determination (r). There is no Provin- 
 cial Standing Order to this effect. 
 
 The Committee may send for persons and papers,* and 
 examine witnesses upon oath, a power which the House 
 of Commons does not possess ; and if they report that the 
 petition or defence is frivolous or vexatious, the party 
 
 (p) 9 Geo. IV, ch. 22, «. 37. 
 (r) S. O. H. of C.16 Jan. 1735-6. 
 
 (q) 8 P«ckv. 294^ 339. Rogers, 68. 
 
 * For the form of Speaker's Warrant for the produetisn of papers, or attend* 
 •ncs of Witnesses, before the Committee, see Jpptndix XJIJ- 
 
IIG 
 
 PRESENTATION AND TRIAL OF 
 
 aggrieved shall recover costs. They have likewise power 
 to punish witnesses for prevarication, non-attendance, &c. 
 («), by warrant to the Serjeant-at-arms for their committal 
 for twenty-four hours, — and to direct the Chairman to 
 report such misbehaviour to the House, for the interposi- 
 tion of their authority. (Z?y the Prov. Statute, the Com' 
 vtittee have onhj poiccr to report surJi conduct to the House.) 
 Counsel, Two Courscl only, on each side, ore allowed to be 
 
 heard before a Committee {t). The statement in writing, 
 of the right of election, or of choosing Returning Officers, 
 is usually delivered before the Petitioner opens his case. 
 It must not be different from the allegations in the 
 Petition. 
 
 The Counsel for the Petitioners then proceeds to open 
 his case, in the largest and most general way, in order to 
 let in as much evidence as possible. Where there are 
 several questions, the cases are sometimes separated, and 
 considered distinctly ; and this is not done by any certain 
 or general rule, but as justice and convenience require in 
 each particular case. 
 
 WitneMM. The oath to witnesses is administered by the Clerk of 
 
 the Committee, as under the Grenvillo Act. By the prac- 
 tice of committees (r), a witness produced for a particular 
 purpose is not to be subjected to a general cross-examina- 
 tion ; in other respects the rules of evidence in the Courts 
 
 Eridonce. of Law are observed. The minutes taken by the short- 
 
 hand writer are copied for the agents on both sides, and 
 delivered out daily to them by the Clerk. While the 
 case proceeds, they are in the power of the Committee, 
 and may be amended by consent. 
 
 According to this evidence of sworn witnesses, the 
 Members of the Committee, agreeably to the solemn oath 
 taken by them in the House, give a true judgment. 
 
 (9) 9Gea IV. ch. 22, s, 39. 
 {t) Sbei^herJ, 104- 
 
 (V) 2 Starkie'8 Reportu , 477. 
 
ELECTION PETITION'S. 
 
 117 
 
 At the termination of the enquiry the Comnnlltee report rommiupr rc- 
 
 1 • , . . 1 -.T 1 11 l>"rl ilfiormiiia- 
 
 tlicir determination to the House, who order the returns ii»ii. 
 to the Writ to bo amended accordingly, if necessary ; or 
 a new Writ to bo issued, and the determination carried 
 into execution, — and thus the election is definitively 
 decided. 
 
 Tho Committee may also, when the Chairman reports Ami othrr Ri«..- 
 their final determination, report Resolutions upon other 
 matters ; and the House may confirm or disagree with 
 such Resolutions, and make such orders thereon as to them 
 shall seem proper. 
 
 If Parliament be prorogued while the Committee is '^""""'"f; "<>» 
 sitting, it is not thereby dissolved, but only adjourned to proruention. 
 the next day after the meeting of Parliament, when it is 
 to continue its proceedings. ( There is no sicch j^TOvision in 
 the Provincicd Act). 
 
 When the Committees* decision has turned on the right P'-tition n^ninn 
 
 ... .... ('oiniiiilico's do- 
 
 01 election m any place, any person "within six months cuiou. 
 after the Report, may petition to be admitted to oppose 
 the right declared valid, and within twenty-one days after 
 the expiration of tho six months, a day and hour shall be • 
 appointed by the House for considering the same, and 
 notice thereof inserted in the Gazette and given to all the 
 parties; but if no such petition be presented within such 
 time, the judgment of the Committee shall be final and 
 conclusive {to). 
 
 At the time appointed for considering the Petition the committee of 
 House shall appoint a Committee in the same manner as "^''p*^*'* 
 the Committee on the original petition, and the determina- 
 tion of this Committee of Appeal shall be entered on the 
 Journals, and be final. All the regulations, powers, &c. 
 of Election Committees, are applicable to Committees of 
 Appeal, excepting that no member of the original Com- 
 mittee whose determination is called in question by the 
 
 (10) 9 Geo. IV. cb. 23. s. 51, 52. 
 
118 
 
 PRErSEXTATION AND TRIAL OF 
 
 I'olitinn ngniiist 
 ilip Rogister of 
 Votors. 
 
 CoiitB. 
 
 petition of Appeal shall serve upon tins Committee (.r). 
 There is no 2frovision made for Committees of Appeal hi/ 
 the Provincial Statute. 
 
 By the Reform Act (y), upon any petition complaining 
 of an undue election or return being presented, any peti- 
 tioner, &c. defending such Election may impeach the 
 correctness of the register of voters, by proving fraud, &c. 
 in the insertion, or that the name of any person tender- 
 ing his vote was improperly omitted, — and the select Com- 
 mittee on the I'etition shall alter the Poll taken, accord- 
 ing to the truth of the case, and report their decision to 
 the House, which shall be carried into effect, and such 
 order made thereon as the House shall deem fit. There 
 is no similar provision to the above provided by any Pro- 
 vincial Statute. 
 
 The Act 9 Geo. IV. ch. 22, it has been before stated, 
 requires a Recognizance to be entered into for the pay- 
 ment of costs, but the Provincial Act does not. The pro- 
 visions for their recovery, however, are similar in both 
 
 statutes. 
 How recovered.. When the Committee on a Petition report it to be frivol- 
 ous or vexatious, costs, if not paid on demand, — shall be re- 
 covered by the opposing party by action of debt in Her Ma- 
 jesty^ s Court of Queen' s Bench in this Province, or in any of 
 Her Majesty's courts of record at Westminster. And where 
 the Committee report in favour of the Petitioners, the costs 
 and expenses can in like msmner be recovered by them from 
 the opposing party. And when no party appears in 
 opposition to any Petitioner, the costs and expenses can 
 be recovered from the sitting members (unless they have 
 given notice that they shall not defend), or any persons 
 whom the House have admitted or directed to oppose the 
 same. 
 
 (i) 9 Geo. IV. ch. 23, s. 51, 55. 
 (y) 2 Wui. IV. ch. 45, a. 70. 
 
ELECTION PETITIOXS. 
 
 119 
 
 The amount of these costs, &c. is to be asccrlmiied by ahJ atcriiimt.!. 
 the taxation of Lwo persons appointed by tlie Speaker out 
 of certain persons specified in the Act [or in Canada, hy 
 the Clerk of the House, and the Clerk of the Croicn in 
 Chancery), and under his direction. And tho Speaker 
 will certify the amount of costs to be recovered according 
 to their report, which certificate [together with certified 
 proceedings of the Ilotise on the Petition) will have the 
 effect of a warrant of Attorney to confess the judgment. 
 
 Also, the Recognizance entered into by tho Petitioners iau*c'citrca'itd. 
 for the payment of costs, &c.may, on non-payment, be 
 certified by the Speaker's warrant, into the Court of Ex- 
 chequer, as if it were estreated. ( The Prov. Act does not 
 require this Recognizance.) 
 
 When the Costs have been recovered against either of fpI.XrabiriVom 
 the parties, he or they may recover a proportion of them i*-""*"^*- 
 against others who may be liable. 
 
 By the Imperial Act, the persons appointed to tax the 
 Costs, &c. are entitled to such fees for the same as may 
 be fixed by a Resolution of the House j* and in all cases 
 
 * By a Resolution of the House of Commons, on the IC Feb. 1629, the follow- 
 ing Fees may be demanded and taken by the 'Examiners and other persons, for 
 their attendance and trouble respecting the Taxation of all Costs and EspcnscB 
 of Election Petitions, under tho authority of the 6 Geo. IV. ch. 1-2J — "To csta- 
 " bli.'h a Taxation of Costs on Private Bills in the House of Commons," viz.: 
 
 £,. a. d. 
 
 To each of the said Examiners, for his pains and trouble 
 respecting the Taxation of any Dill of Costs and E.\- 
 penses, upon which an Order of Reference shall have 
 been made by Mr. Speaker to such Examiners, for 
 the first day of his attendance, the sum of 3 3 U 
 
 For every subsequent attendance, the sum of 2 2 li 
 
 To the Speaker's Secretary, for his pains and trouble 
 
 r:;specting the Taxation of every such Bill, the sum of, 16 8 
 
 To the Clerk who shall he appointed to atteud the said 
 Examiners, for his pains and trouble on every attend- 
 ance, the sum of 2 2 
 
 All the other Fees payable upon the Trial of Controverted Elections (under 
 the T.iblc of Fees of the 22nd February, 1731, and the 4th of April, 1803), except 
 
Tf 
 
 120 
 
 PRESENTATION AND TRIAL, &c 
 
 tliey are to allow such reasonable costs as between Attor- 
 ney and Client. 
 
 the above and those payable to Examiners or Recognizances, were abolished hj 
 Hcsoluiion of the House on the 2d Feb. 1838. 
 
 And on the same day, it was Resolved, — That the charge for Office Copies of 
 Papers and Documents relating to Controverted Election Petitions, directed to bo 
 lodged in the office of the Clerk of the House of Commons, or which may be pro- 
 duced before Controverted Election Committees — and aho of Minutes of Evi- 
 dence taken before such Committees, furnished to parties upon their application 
 for the same — be at the rate of fourpence per sheet of seventy-two words in each 
 sheet. 
 
 A 
 
( 121 ) 
 
 CHAP. ^a. 
 
 Hulexf ttt ]9roceel]fCns in the E^o fgouscjs 
 
 The authority for summoning Parliament is vested in Parliament sum- 
 
 *' ° nioned by the 
 
 the Sovereign alone,* who has also power to direct the King, 
 place of its assembly (a) : — during his absence from the 
 Realm, however, it may be done by the Gustos Regni 
 for the time being; — or during his minority, or mental 
 
 (a) See C . J. vol. 56, page 2. 
 
 * Nor is it an exception to this rule, that by some modern statutes, on the de- 
 mise of u king or queen, if there be no Parliament in bein^, tlM last Parliament 
 revives, and is to sit again for six mouths, unless sooner dissolved by the succea* 
 sor: — for this revived Parliament must have been originally summoned by the 
 Crown. By statute 16 Cur. I. ch. 1, it was enacted, that if the King neglected to 
 call a Parliament for three years, the Peers mi^ht assemble and issue writs for 
 choosing one ; and incase of neglect by the Peers, the people might meet and 
 elect one themselves. This act, however, being deemed injurious to the Royal 
 Prerogative, was repealed by the 16 Car. II. ch. 1. There are, indeed, two capi* 
 tal exceptions to this rule, but which were justifiable on the principle of necessity, 
 which supersedes all law. The Convention Parliament, that restored Charles II., 
 met more than a month before his return ; the Lords by their own authority, and 
 the Commons in pursuance of writs issued in the name of the Keepers of the 
 Liberty of England by the authority of Parliament ; and this Parliament sat seven 
 months after the Restoration, and enacted many laws still in force. But the first 
 act, after the King's return, was the passing of a Bill declaring this to be m good 
 Parliament, notwithstanding the defects of the King's Writs. And it was thought 
 further necessary to confirm its Acts in the next parliament, by the 13 Car. II. ch. 7 
 &. 14. The other exception occurred at the time of the Revolution of 1 688, whca 
 the Lords and Commons, by their own authority, and upon the summons of th^ 
 Prince of Orange (afterwards William III.) met in a Convention, and disposed of 
 the Crown and Kingdom. The Throne at this time was vacant,,by the abdication 
 of James II., and there existed no other authority by which the summons could 
 be made ; but it was considered necessary to declare by the 1 Wm. &, Mary, sesf. 
 1, ch. 1, that this Convention was really the Two Houses of Parliament, notwith- 
 standing the want of writs, and other defects of ibrm. 
 
X *w f^ 
 
 RUI-I^S OK I'llOCEKIjrXG IN THE 
 
 Writs orSuiu- 
 
 lUOQS. 
 
 To Lords. 
 
 Fur eicctiou of 
 
 CuiltlUOUa. 
 
 Kinj^ opens 
 rurliuuikiut. 
 
 incapacity (if such should unfortunately occur), the Re- 
 cent, or Protector Rcgtii, is similarly empowered. The 
 mode of summons is as follows : — 
 
 At least forty days* before the time intended for the 
 meeting of Parliament, the King issues his Writs by the 
 advice of his Council ; the warrant being " Per ipsum 
 ** Regem ct Consilium.^* These Writs,f which are in the 
 form of short letters or epistles, are addressed and sent to 
 each| of the Lords Spiritual and Temporal ; the former 
 being commanded "m Fide ct Dilcctioic'' (in their fideli- 
 ty and attachment), and the latter " per Fidem ct Allcgi- 
 " antiam,'* (by their Fidelity and Allegiance) to appear at 
 a stated time and place, to give their advice in certain 
 important questions which concern the welfare of Church 
 and State. Other Writs are sent to the Sheriffs of each 
 County {b) commanding them to summon the people to 
 elect the Knights, Citizens, and Burgesses to represent 
 them in Parliament according to Charter, Statute, or 
 Ancient Custom. 
 
 On the day appointed in the Writ of Summons (unless 
 the Parliament has been further prorogued) the King pro- 
 ceeds to the House of Lords, and having taken his seat 
 on the Throne, and returned the obeisance of the Prelates 
 and Peers who stand at their respective places, in their 
 Robes of State and Office, he sends for the Commons by 
 the Gentleman Usher of the Black Rod. 
 
 That Officer immediately proceeds to the Lower House, 
 and when arrived at the Bar, makes a bow to the mem- 
 
 (6) See 7 & 8 Wm. III. ch. 25, and 59 Geo. III. ch. S9. 
 
 * Writs for the election of Members in Canada must bo made returnable with- 
 in 50 days at farthest, from their dates.— 31 Geo. III. ch. 31, s. 18. 
 
 t For the form of the Writ of Summons to Peers, see Appendix XIV. and of 
 the Writ for the Election of 5Iembf:rsof thellousc of Commons, see Appendix XV. 
 
 X lu ancient days some of tiie Poets only were summoned, for it would have 
 been dilTicult and inconvenient to have siinmioned them all, being so numerous 
 as to amount at one time to about 3000 (1) ; but on the establishment of a Par- 
 liamentary Peerage, or House of Lords, by Edward I., every Peer of ftjU age by 
 right had a writ ofsumniouf, ex. dtbito justitia. — 1 latt. 1. 
 
 (1) Seld. Tit. Ilon.tW, 
 
TWO HOUSES OF PARIJAMF.NT. 
 
 -i2^ 
 
 bers, then advancing a few paces farther, he repeats his 
 obeisance a second and third time, saying " Gentlemen of 
 " the House of Commons, the King commands this Hon- 
 " ourable House to attend him immediately in the House 
 " of Peers." He then withdraws, retiring backwards 
 and bowing. 
 
 The Commons forthwith attend His Majesty by proceed- 
 ing in a body to the Bar of the House of Lords ; and 
 having made their obeisance are then, in the King's name, 
 commanded by the Lord Chancellor, or Lord Keeper, to 
 choose a Speaker. Whereupon the Commons returning 
 to their House make a choice of one of their members for 
 tiiat office, in the manner detailed in Chap. IIL On 
 Sjicaker [of the House of Commons). 
 
 On the day appointed for the Speaker's presentation to p,yiJ",]^5i^*'."V 
 the King the Usher of the Black Rod is again sent to npi>ro>"'- 
 the House of Commons, which he enters with the same 
 ceremonies as before ; but he now alters his style and 
 addresses himself to the Speaker. The Commons then 
 proceed to the Bar of the House of Lords with the 
 Speaker at their head, and go through the ceremony of 
 presentation as detailed in the Chapter above referred to. 
 
 If the Parliament be opened by Commission instead of conuul's^sioilf 
 by the Sovereign in person, the Commissioners are to sit 
 in front of the Throne (c). 
 
 On the departure of the King and return of the Com- 
 mons to their own House at the beginning of every session 
 of Parliament, before proceeding to the consideration of 
 the Speech from the Throne, it has been the usual [d), 
 though not the invariable (e) practice, in both Houses, to forma. 
 have a Bill, which has been piw^r'^'ed by the Clerk, read 
 
 (c) Elsy.206. 
 
 (rf) C.J. 22 Mar. 1603; 7 April, 1614. 
 
 (e) Contra, 20 Mar. 1663 j D April, 1713. 
 
I ; 
 
 i 
 
 ]■'< i 
 
 124 
 
 RULES OF PROCEEDING IN THE 
 
 j^ro Jbrma.* This is done in the House of Lords by the 
 authority of a standing Order (f), and in the Commons 
 by an established custom. The ground of this proceeding 
 appears to be — that from the reading of a Bill only, docs 
 the session commence, and those privileges be secured 
 which were considered to belong only to a Parliament 
 that had met and sat. But another reason, scarcely ever 
 disputed, and which is constitutionally sound is, that the 
 Parliament thereby asserts the claim of not being obliged 
 to give precedence to the subjects contained in the Royal 
 Speech [g). It takes precedence of even questions of 
 privilege (h), but if the House think fit, they can suspend 
 it until after the consideration of other matters (i). 
 
 This practice is generally adhered to in Colonial Legis* 
 latures, but a motion made to introduce it in the House 
 of Assembly of this Province was lost {j). 
 Spnech from the After a Bill is Toaid j^f'o Jb?)na, the Speech from the 
 
 Tlirone reported m i i tt r J i 
 
 by the Speaker. Ihrone IS reported to the House, Irom a copy prayed by 
 the Speaker. A vote of thanks for the Speech is then 
 moved, and when carried, a day, commonly the next, is 
 fixed for taking it .into consideration in Committee of the 
 whole. The Address of thanks is in the mean time, pre- 
 pared and presented to the King in the manner detailed 
 in Chap. XHI. On Addresses. 
 
 The Sessional orders are then made, and the usual 
 Committees appointed, see Chap. Xll. On Co7nmU- 
 iees, [Standing and Sessional.) 
 
 Parliament should be held in a fit and proper place, to 
 
 Addross of 
 Thanks. 
 
 rnrliamrnt not 
 to nil on 
 
 a""d' ' ^^ appointed by the Sovereign ; and it should not sit on 
 
 (f) S. O. H. of L. viii. 
 (Ii) C. J.15N0V. 17C;i. 
 (j) J. II. of A. 1831, p. 5. 
 
 (g) 2 Hats 292. 
 (i) 2 Hats 78. 
 
 * In the House of Commons, the samo bill (for tho provcntioo of clandes- 
 line Outlawries) has been read tho first time at the commencement of the 
 ;ettioD for tl»e last two hundred years. 
 
TWO HOUSES OF PARLIA31ENT. 
 
 125 
 
 Bunday (/c), All Saints, or All Souls Days, except upon 
 urgent occasions. 
 
 The deliberations of Parliament are preceded each day, 
 immediately on the Speaker's taking the Chair, whether **">•"• 
 there be a Quorum or not, with a form of prayer, an entry 
 of which solemn rite is regularly made in tlie Journals (Z). 
 This has been the established practice from the beginning 
 of the reign of James I. The only difference being, that 
 prayers were formerly read by one of the Clerks, and are 
 now said by the Speaker's Chaplain [m). In the House 
 of Lords they are said by the junior Bishop* 
 
 The Chair is not taken, except to receive Black Rod, 
 until a quorum of the members for business is assembled. Q""'"*"- 
 The number requisite to form a quorum is forty membersf 
 in the House of Commons, and two Peers and a Prelate 
 (Including the Speaker, if he be a Peer) in the House of 
 Lords. The same rule extends also to Committees of the 
 Whole* But if> after due waiting, such a quorum be 
 despaired of, the Chair may be taken and the House 
 adjourned until the next sitting day. And whenever 
 during business, it is observed that a quorum is not pre- 
 sent, any member may call for the House to be counted » 
 and being found deficient, the House must be adjourned 
 (»). The quorum in the Legislative Council of this' Pra-^ 
 
 (k) For precedenU of its having sat on Sunday, sec 8 Mar. 17Q1 ; 1 91ar. 
 1714; 26 Oct 1760. 
 (I) C. J. 30 May, 1604. (m) Coniyn's Dig. Pari. E. 2, 
 
 (H) 2 Hals. 125, 6 ; C. J. 5 Jan. 1640. 
 
 * The Chaplains to the Legislature of this Province appear t» bo app«ii»tcd by 
 the Lieut. Governor; but the House of Assembly has dispensed with the services 
 of a Chaplain. The last time prayers were read in that, House was on the 21st 
 November, 1831. 
 
 t It is alleged by several writers, that the cause for <i;cing upoa this number 
 was, that previously to the Parliamentary annexation of the twelve Welsh coun- 
 ties to those of England— which took place in 1535, by the 27 Henry VIII. cb. Xd 
 — the /orty Members, to preient, were presumed to be one from c<wh County. 
 
 K 
 
1 
 
 126 
 
 RULES OF PROCEEDING IN THE 
 
 romrrmnccmcnt 
 <if liubincss. 
 
 Adjournment of 
 the House. 
 
 Motion for, al- 
 ways iu order. 
 
 vlnce is six, and of the House of Assembly twenty- 
 three (o). 
 
 It is a Rule in both Houses of the Canadian Legislature 
 that immediately after the Speaker has taken the Chair 
 (and Prayers have been read) the minutes of the preceding 
 day shall be read by the Clerk, to the end that any mistake 
 therein may be corrected ])y the House. 
 
 After which every member who has a petition to pre- 
 sent must bring it up, see chap. XI. On Petitions. 
 
 After the Petitions are read (which cannot be until they 
 have lain on the table two days) all notices of any intended 
 motions must be made, and the House can then proceed 
 to the consideration of the various items on the Order of 
 the Day. 
 
 At the termination of each day's proceedings the House 
 is adjourned. An adjournment is no more than the con- 
 tinuance of the Session from one day to another, as the 
 tvord itself signifies (being derived from the French **jour,^* 
 a day); indeed the whole Session is considered in law but 
 as one day, and has relation to the first day thereof (/>). 
 
 Any member may move the question of adjournment at 
 any time, even in the midst of a debate {q.) : it being 
 always in order, except during a division when the House 
 is actually engaged in voting. It is also in the power of 
 the member to divide the House upon the question whe- 
 ther it shall adjourn or not ; and directly the division is 
 over, he can, if carried against him, move it again and com- 
 pel a division as often as he pleases, thus completely put- 
 ting a stop to the transaction of business.* 
 
 (o) See J. H. of A. 1825-(!, p. 116, — a precedniit of the number rcquigito to fornj 
 a quorum being altered, wlioii from the unavoidable absence of the Members it 
 was found needful. 
 
 (p) Bro. Abr. Pari. 80, (q) L. J. 13 Jan. 1092; C.J. 22 April, 1712. 
 
 ** The celebrated Mr. Sheridan, on one occasion, moved the adjournment of the 
 Houso nineteen successive times, and had as many divisions on the subject, the 
 one following the other as fast as they could be taken. The House, seeing it was 
 only wasting time to resist the adjourumeut any longer, at last reluctantly 
 yielded. 
 
TWO HOUSES OF PARMA MFAT. 
 
 127 
 
 ni 
 it 
 
 A motion simply "to adjourn" (If it be made to super- Motiom to 
 «ede a ijuestion before tho House,) caunot be amended, 
 as by adding " to a particular day," but must be put 
 " that this House do now a.ljourn," which if carried in tho 
 affirmative, adjourns it to the next sitting day; unless tho 
 House has previously come to a Resolution *' that at its 
 rising it will adjourn to a particular day," and tlien tho 
 House is adjourned to that day.* But, says Hatsell (y), 
 if it be an ordinary motion it will, like every other question, 
 admit of an amendment by .elding to a particular day. 
 
 Sometimes tho House adjourns itself during pleasure 
 or for a quarter of an hour [s). When an adjourn- 
 ment takes place, no member should leave his seat until 
 the Speaker has passed on. 
 
 As to a motion to adjourn considered as a Privileged 
 Question for superseding or avoiding a debate — see 2^ost 
 page 132," Privileged Questions." 
 
 When any special business is before the House, orCaiioftho 
 when many of the members are absent without leave, it is 
 usual to order a day to be appointed for the House to be 
 called over. And sometimes the Speaker is directed to 
 write circular letters to the Sherift* of each county to 
 summon the members to attend, copies of which are 
 always entered on the Journals [t). The first instance that 
 is found on tho Journals of the House of Commons of a 
 Call of the House, was on the 5 Nov. 1549, and then only 
 four days notice was given. The first notice of a call of 
 the Lords that appears on the Journals, was on the 10 Feb. „ , 
 
 ' ^ Members not 
 
 1620. At the time of ordering: the call there is always a attending, or- 
 
 ° •' tiered into 
 
 Eesolution made " that such members as do liot attend, Custody. 
 
 (r) 2 Hats. 106, citing C. J. 17 Mar. 1704. 
 (t) See C. J. V. 35, pp. 48, 477, and puasim. 
 
 (s) Sec L. J. &. C. J. pastitn. 
 
 * For want of such a Resolution, on Friday, the 3d February, 1764, the liouso 
 was obliged to sit on'Saturday, though uo business required it ; attempts were 
 made to amend the question "to adjourn," by adding' "till Nouday," but ou 
 consideration, this was decided to be irregular.— S Ilata. 108. 
 
s 
 
 I 
 
 i 
 
 •I' t 
 
 128 
 
 RUI.F.S OP PROCEEDING IN T«E 
 
 Nnines called 
 ovpr. 
 
 " shall be taken into custody," and although any reasona- 
 ble excuse for non-attendance is admitted, and it has 
 seldom been found necessary to enforce the call of the 
 House, by ordering members who do not attend into the 
 custody of the Serjeant, yet some instances have occurred 
 of late years, of the House acting upon the above resolu- 
 tion (m). 
 
 When the calling takes place the names of sueh mem- 
 bers as are present are marked, and the defaulters being 
 called over again the same day, or the day following, and 
 not appearing, are then summoned or sent for by the 
 Serjeant-at-Arms as stated above (»). 
 
 Orders for calls on diflerent days may subsist at the 
 same time {w). 
 
 A member of the House of Lords may attend by proxy, 
 
 but a member of the House of Commons must attend in 
 
 his own person, he being himself but a proxy for others. 
 
 In the House of Lords, the Garter King-at-Arms de- 
 Peers are called, jjygpg jj^ ^^ jj,g fj^gj jj^y ^f j^ ^^^ Parliament, and also of 
 
 every new Session of Parliament (except in a few instan- 
 ces where no alterations have taken place), a Roll of the 
 Lords Spiritual and Temporal; and by this Roll, when 
 occasion requires the Lords are regularly called. 
 
 In a division upon any question in the House of Lords^ 
 upon an equal number of votes appearing on both sides, 
 the nays have it (x), the rule being semper prcesumitur pro 
 negante. And in voting, the lowest Baron, after the 
 question is put begins first, and every Lord rising in hi.9 
 turn, uncovered, says " content" or " not content" (y), — ^and 
 if there be a division the Contents go below the Bar, and 
 the Not Contents stay within the Bar [z). After the House 
 
 ( u) C. J. 15 Feb. 1781 ; 17 Mar. 1831. (v) S. O. H. of C. xcii. 
 
 (IB) 2HaU. 72. 
 
 (x; L. J. 25 June, 1661 ; 28 June, 181C ; Lee'» Pateut. • 
 
 fy) S, Q. H. .0/ L. XX. (t) 8. O. H . of i. xxii. 
 
 Roll from which 
 
 Voting in tho' 
 Lords. 
 
 I 
 
TWO HOUSES OF PARF.IAMF.NT. 
 
 120 
 
 hath divided upon a Question, no Lord is to depart out 
 of his place, until the House hath entered upon somo 
 other question (a). 
 
 In the House of Commons the act of the majority, open- '" "'" "«"" °' 
 
 C'uniiuuus. 
 
 ly declared, binds the whole. Any member upon a ques- 
 tion has a right to demand a division, and in that case it is 
 the Speaker's duty (Z») to proceed at once to take the sense 
 of the House. This is done in the House of Commons as 
 follows. The Speaker appoints Tellers, two of each 
 party indifferently, who are to report to him the state of 
 the votes. 
 
 But before the House proceeds to a division, either In iiousp mii»t bo 
 the House or in a Committee of the whole, indeed before division, 
 the question is put upon which a division is likely to take 
 place, the Speaker or Chairman should take care that all 
 strangers are withdrawn (c),* that Members may not be 
 influenced in voting by their presence. 
 
 Formerly, the votes were taken by one side going forth, Manner of takin? 
 and the other remaining in the Chamber, but this practice 
 having been found to be attended with many inconveni- 
 ences. Members now (d) divide into two separate lobbies 
 provided for the purpose, at the entrance of each of which 
 two of the Tellers are to station themselves, each accom- 
 panied by two Clerks. Then, by the Speaker's (or 
 Chairman's) order, the lobby-doors are simultaneously 
 opened, and the names of the Members taken down by tho 
 Clerks on ruled paper, with numbered lines (or marked 
 off upon a printed List), as they re-enter the House by tho 
 opposite door, the Tellers counting. The votes being 
 
 (a) S. O. H. of L. 13 Mar. 1670. (h) C. J. 24 Mar. 1603. 
 
 (c) C. J. 10 Dec. 1640. (d) C. J. 18 Fob. 1836. 
 
 * There ia no Standing Order of the House of Assembly in this Provines re^ 
 quiring the House to be cleared preparatory to a division, but by a Rula of the 
 House it is provided " That any Member may, at any time, desire tho House to 
 \>e cleared of strangers, and the Speaker shall immediately give directions to the 
 ScrgcaDt-at-arms to do so, without debate." 
 
130 
 
 RULES OF PROCEFDING IN THE 
 
 lu Ctnada. 
 
 Rules for voting 
 iu the Comiuou«. 
 
 taken, the two Tellers who have the majority take the 
 right hand (or, if the votes be oven they go up promiscu- 
 ously ), and all four placing themselves within the Bar, 
 advance towards the table, making their obeisances as 
 they go up, where they ileliver the lists (for insertion in 
 alphabetical order in the votes), saying " The Ayes are so 
 many, the Noes are so many," or vice versa. This the 
 Speaker repeats, declaring the majority.* 
 
 [In Canada, the votes are taken by the Clerk at the 
 table, who marks off the names of the Members as they 
 are called out to him by the Chamber messenger, the 
 *' Yeas" on the question rising first at the command of the 
 Speaker, and remaining standing till all their names have 
 been taken down, when the " Nays" at a similar command 
 also rise. But in Committees of the whole, the votes are 
 taken by Members dividing to the right and left. Tellers 
 being appointed by the Chairman, who report the ma- 
 jority.) 
 
 While the House is telling, no Member may speak, or 
 move out of his place, except as he is required in taking 
 the division. 
 
 A mistake in the report of Tellers may be rectified after 
 the report is made (e). In the House of Coniraons, every 
 Member must give his vote on one side or the other {J")* 
 as no one is perna^itted to withdraw who is in the House 
 when the question is put,, nor may any one be told in the 
 division who was not in when the question was put (^).. 
 This rule extends to all cases where the vote is by yeat 
 and nays, where the negative as well as the affirmative of 
 the question is stated by the Speaker at the same time, 
 and the vote of both sides begins and proceeds ^an\pa**?'. 
 
 CO 2 HaU. 145 «. (f) Scob. 24. 
 
 (g) 2 Hats. 140. 
 
 * By a Kesvlation of the House of Commons on the 1 Feb. 1837, the present 
 mode of publuhing Divisioa Lists in the Votes shall be extended to Divi^tioni 
 when the Uouse is ia Committee, in all cae«e where five Members shall require it. 
 
 ^ 
 
TWO HOUSES OF PARLIAMENT. 
 
 131 
 
 U any difl'iculty arlso in a point of orJer diirinp tho •*"'"• ofo'-''"''' 
 division, the Speaker muat decide peremptorily, subject 
 to the future censure of the House, if irrr;^alar. ilo 
 soraetime^ permits experienced Members to assist liim 
 with their advice, which they do, sitting in their places, 
 covered, to avoid the appearance of debate ; but this can 
 only bo with the Speaker's leave, else the division might 
 be protracted an unlimited time (/*). 
 
 When on counting the House on a division, there ap- """"*^""''"'"' 
 
 uc 
 
 ars to be no quorum, the matter remains in the same 
 
 ilate in which it was before tho division, and must bo 
 rcsufiied at that point at a future day (/). 
 
 May 1, 1606, on a question whether a Member, having 
 sa.id yea, may afterwards sit and change his opinion] a 
 precedent was remembered by the Speaker, of Mr. 
 Morris, in the 39 Eliz., who in a like case changed his 
 opinion (k). 
 
 In the arrangement of business, there was formerly no Order ofbu*!- 
 precise rule by which any Bill or matter could be taken ii'Juse! 
 up, the Speaker being generally left to his own discretion 
 -—unless the House on a question decided to take up a 
 particular subject {I). But, however, a settled order of 
 business is necessary to the proper management of it ; and 
 to prevent any partiality in the arrangement, it is now 
 provided that business shall be conducted as much as 
 possible in a regular and methodic&l manner, and that that 
 business shall first claim attention which is first before the 
 House, with exceptions as to certain cases, as matters of 
 privilege, which it will be shown, take pre-eminence of 
 all other questions. 
 
 A Member intending to make a motion, should regularly Notices nnj 
 
 IP • 1 T 1 TT <i Motions. 
 
 give notice thereof on a previous day. in the House oi 
 Commons, no notice can be given of an intended motion 
 
 (A) 3 Hats. 143. 
 (A) Ilakew. 27. 
 
 (i) 2 Hats. 12G. 
 (0 Ilakcw. 13C. 
 
132 
 
 RULKS OF PROCEEDING IN THE 
 
 ■;i: 
 
 i-'. 
 
 Motions for new 
 Writs, ur oa 
 Priviltt^e. 
 
 Privileged Ques- 
 tions, viz. :— 
 
 To adjourn. 
 
 i n*v: 
 
 for a period of more than fourteen days. By a rule of the 
 House of Assembly in this Province, at least one day's 
 notice must be given. 
 
 The Motion should be made in writing, and sent to the 
 Speaker, that he may read it to the House as often as 
 requested by any Member (m). It cannot, however, be 
 put to the question, or debated, until it is seconded {n). 
 which done, it is in the possession of the House, and 
 cannot be withdrawn but by leave of tha House (o), and 
 with the consent of the gentleman who seconded it. 
 
 All motions should be made by the Member in his place, 
 except when the practice of the House has established, 
 for convenience, a different course. For the facility and 
 despatch of business, however, questions of course, as 
 appointing persons to bring in Bills, Sec. are put, without 
 being formally moved. 
 
 And a motion for a new writ, or on matters of privilege, 
 the House is at all times ready to receive, and no previous 
 notice or leave is requisite. 
 
 It is a general rule, that the question first moved and 
 seconded shall be first put (p). But this rule gives place 
 to what may be termed Privileged Questions ; and the 
 Privileged Questions are of different degrees among 
 themselves, as follows : 
 
 A Motion to Adjourn takes place of all others, and can 
 be moved at any time ; otherwise the House might be 
 kept sitting against its will and indefinitely {q). But this 
 motion cannot be received after another question is actual- 
 ly put and while the House is engaged in voting. 
 
 If a motion to adjourn the House be carried without the 
 motion before the House at the time being first disposed 
 of, it supersedes that question and prevents it from being 
 
 (m) 2 HaU. fcS. 
 
 (0) C. J. 10 April, 1571. 
 
 (?) C. J. 10 Mar. 1757. 
 
 (n) Scob. 31. 
 (p) 3 HaU. 81. 
 
TWO HOUSES or r.vnLIAMLNT. 
 
 133 
 
 again proposed during the session (/•). If tliercfure, a 
 iTiumbcr wishes to move for an adjournment of the House 
 without aiiperseding the pending question, he should first 
 move for an adjournment of the dehatc, and if that bo 
 carried, then for an adjournment of the House. This, 
 however, onl^ relates to motions; for if the question 
 interrupted by a vote of adjournment be one of wliich 
 the House has been previously in possession (as any 
 part of the progress of a Bill), although that <]ucstlon 
 will not stand before the PIous<j at its next sittinir, vet it 
 may be brought before them again, in the usual maa- 
 ner. 
 
 It has been shown {sec ante p. 127) that a motion to ad- 
 journ, when used as a Privileged (jue^tlon, cannot be 
 amended, as by adding, to a particular day. 
 
 Orders of the Day take place of all other questions ex- And for the Or- 
 
 , /• !■ / \ rr<i • I • iltrs of the diiy. 
 
 cept that ot adjournment (s). ihat is to say.tlie question 
 which is the subject of an order is made a privileged one, 
 jyro hac vice. When, therefore, during the debate on any 
 question before the House, a member moves for the orders 
 of the day to be read, and it is carried, no further debate 
 is permitted on the question before the House; else the 
 debate might, by continuing, defeat the order. 
 
 The first instance of this proceeding being adopted for 
 the purpose of avoiding a question, was on the 1 April, 
 1747. But this motion to entitle it to precedence, must 
 be for the orders generally, and as they stand, — and not 
 for any particular one, and if it be carried, the orders must 
 
 1 1 • 1 • 1 • ' / \ Wlicn,an<l how 
 
 be read and proceeded wrth, in their regular course {t) ; to be made, 
 for priority of order gives priority of right, whicli cannot 
 be taken away but by another special order of the House. 
 But the question cannot be put, if the House be actually 
 proceeding upon the orders of the day. And a motion to 
 
 (r) C. J. V. 68, pp. 345, 667} v. 70, p. 183 ; 22 April, Kl,'. 
 (a) C. J. V. 60, p 113. (0 3 Huts. SJ. 
 
134 
 
 RULES OF PROCEEDINa IN THE 
 
 \ V'i 
 
 1 
 
 i 
 
 t 
 ■ I 
 
 i! i 
 
 DifTorcnt furms 
 of Questions. 
 
 Prpvious Ques- 
 tion. 
 
 adjourn will even supersede this motion. Besides these 
 there are other Privileged questions which will require 
 considerable explanation. 
 
 It is absolutely necessary that all Parliamentary Assem- 
 blies should have certain forms of question so adapted as 
 to enable them fitly to dispose of every proposition that 
 may be brought before them. Such are 1. The Previous 
 Question. 2. To postpone indefinitely. 3. To adjourn a 
 question to a definite day. 4. To order it to lie on the 
 Table. 6. To Commit, and 6th. To amend. Each of 
 these questions will require a separate consideration, that 
 their objects and consequences may be seen, and the pro- 
 per occasion for their use in every matter before the 
 House, be fully understood. 
 
 1. The Previous Question. 
 
 When a proposition is moved vvhich it is useless or inex- 
 pedient to discuss at the time, the Previous Question has 
 been introduced for suppressing, temporally, the motion 
 and its discussion (v.) 
 
 It may be done by any member, who moves " That 
 this question (or, the main question) be now put. If it 
 pass in the affirmative, then the main question must be 
 put immediately, without any person being allowed to 
 speak any thing further to it whatever {w) ; but if the 
 previous question be negatived, the main question cannot 
 be put that day. 
 
 The first instance of the use of this kind of question x-as 
 on the 25 May, 1604, though its origin has been erroneous- 
 ly attributed to Sir Henry Vane (x). Formerly when the 
 question was put in this form, "Shall the main question be 
 " put," a determination in the negative suppressed the 
 main question during the Session; but since the words 
 " now put" are used, they exclude it for the present only. 
 
 <.i') C. J. V. 75, p, 245. 
 (I) -JGrcy, IIJ. 
 
 (v) Uakew. 28 ^ 4 Grey, S7 ; SHatK. 132 n. 
 
TWO HOUSES OF PARLIAMENT. 
 
 135 
 
 Tlius we see that whether the Previous question be 
 carried or lost, its object is fulfilled ; for if it be carried the 
 Main question must be put immediately, and all discussion 
 upon it ceases; and if it be lost, the Main question cannot 
 be put on that day at least. But, in order that this 
 question may answer the purpose for which it is intended, 
 it is the duty of the Speaker, after the Previous question 
 has been proposed from the Chair, to confine rigidly, all 
 discussion that may arise, to the Previous question itself, 
 that being the motion then before the House. 
 
 The proper occasion for the previous question is, when Proper occasiona 
 a subject is brought forward of a delicate nature, as to 
 high personages, &c. or the discussion of which may call 
 forth observations which might be of injurious consequences. 
 Then the Previous question is proposed, and the discus- 
 sion of the Main question suspended, and the debate con- 
 fined to the Previous question. The use of it has been 
 abusively extended to other cases ; but in these it is an 
 embarrassing procedure, and the intention would be 
 answered fully as well by more simple Parliamentary 
 forms, and therefore it should not be used, but restricted 
 within as narrow limits as possible. 
 
 It seems to be the prevailing opinion (and one which whether main 
 Mr. Hatsell assents to, although doubts have existed IJn^eud'edafteJ'' 
 upon the subject) — that, after the Previous question has uon*!" p^uT^'" 
 been proposed from the Chair, amendments cannot be 
 made to the Main question, but that it is necessary the 
 Previous question be withdrawn, before any amendments 
 to the first question can be proposed {y). But if, before 
 the Previous question is proposed from the Chair (though 
 it be even moved and seconded) any member were to 
 oifer an amendment to the Main question, it would then 
 be received, and the Speaker would give priority to the 
 motion for amending [z), 
 
 (y) See an instance of this being done, io C. J. 16 Mar. 1779. 
 (2) See fm-ther, 2 Hats. 114, &:c. 
 
II 
 
 Prrvioiis q\ir>s- 
 tinii cijiiiiot he 
 u.sfil ill Com- 
 inittcc. 
 
 To postpone 
 iiidefiaituly. 
 
 '10 adjourn 
 the debute. 
 
 To lio on the 
 'i'ublo. 
 
 To commit. 
 
 13G 
 
 ki;li:.s of proceeding in the 
 
 It is a Rule that the Previous question cannot be made 
 use of when the House is in Committee, tlie only course 
 to avoid a question, in such case, appears to be, to move 
 that the Chairman do leave the Chair, which is a Privi- 
 leged question, and has the effect of a motion to adjourn, 
 allhijugli it is frequently attended with great inconvenience 
 which the Previous question, if permitted, would not pro- 
 duce. 
 
 2. To -postpone the siibjcct indefinitely. 
 
 But as the Previous question avoids the subject merely 
 for that day, and it may be repeated the next, — if it is 
 wished to suppress it for the whole of the Session it is 
 postponed indefinitely. 
 
 3. To adjourn the debate to a certain day. 
 
 When a motion is made upon which it is proper to act, 
 but on which information is needed, or something more 
 pressing claims attention, the question or debate is ad- 
 journed to such a day within the Session as will answer 
 tbe views of the House. And, by the strict rule (a), those 
 who have spoken before may not address the House 
 again when the Debate is resumed. 
 
 Sometimes this question has been abusively used by 
 adjourning the debate to a day beyond the Session, to get 
 rid of it altogether, as would be done by an indefinite 
 postponement. 
 
 For the effect of a motion to adjourn the House being 
 carried in the midst of a debate, see ante p. 132, 133. 
 
 4. To lie on the TaUe. 
 
 When some other business of a more pressing nature 
 claims the immediate attention of the House, but it is not 
 desired to let the subject before them drop ; it is ordered 
 to lie on the table. It may be then called up at any time. 
 
 5. To refer to a Committee. 
 
 If the proposition will require more amendment an^ 
 
 (a) C. J.,S3 June, 1604 ; SI April, 1610. 
 
TWO HOUSES OF PAKLIAMENT. 
 
 137 
 
 digestion than the formality or convenience of the House 
 will admit of, it is referred to a Committee. 
 
 6. To amend. To amend. 
 
 But if the subject need but few and simple amend- 
 ments, and especially if these be of great importance, the 
 House then proceeds to consider and amend themselves. 
 
 The rules and forms to be observed with respect to i^ui*'* as to 
 
 ' ainendmeuls. 
 
 amendments, here claim consideration. 
 
 On an amendment being moved, a Member who has 
 spoken to the main question may speak again to the 
 amendment {b). 
 
 The Speaker cannot refuse to propose an amendment, 
 though it be inconsistent with one already agreed to, if it 
 be not against order. 
 
 Amendments are sometimes used to get rid of a propo- 
 sition, by making it bear a totally different meaning from 
 that intended by the movers, so as to cause them to vote 
 against themselves (c); in this mode of avoiding a question 
 the amendments are not printed on the Journals, sepa- 
 rately from the question, but only the final vote. A new 
 Bill may be engrafted by way of amendment, on the 
 enacting clause {d). 
 
 If it be proposed to amend by leaving out certain words, py leaviag out 
 it may be moved as an amendment to this amendment, *°' '* 
 that part of the words of the amendment be omitted, which 
 is equivalent to leaving them in the Bill. The Parliamen- 
 tary question being always, "whether the words shall' 
 stand part of the Bill." 
 
 When it Is proposed to amend by inserting a paragraph By inserting. 
 or part of one, the friends of the paragraph may make it 
 as perfect as they can by amendments, before the question 
 for inserting it is put. If it be received, it< cannot be 
 
 (6) Scob. 23. 
 
 .(c) See C. J. 10 April, 1744, as to Duke d'Aremberg; 39 Jan. 176o,as to Ge- 
 neral Warrants ; and 9 Feb. 1785. 
 {d) 1 Grey, 190, S. 
 
138 
 
 RULES OF PROCEEDING IN THE 
 
 By altering. 
 
 To wbat extent 
 Ameudmentaarc 
 adiuissablo. 
 
 amended afterwards in the same stage; because the 
 House, by vote, have agreed to it in that form. In like 
 manner, if it bo proposed to amend by striking out a para- 
 graph, the friends of the paragraph are first to make it as 
 perfect as they can by amendments, before the question 
 for striking it out is put. If, on the question, it be retained, 
 it cannot be amended afterwards, because a vote against 
 striking out is equivalent to a vote agreeing to it in that 
 form. 
 
 When it is moved to amend by striking out certain words 
 and inserting others, the manner of stating the question is, 
 first to read the whole passage intended to be amended as 
 it at present stands, then the words proposed to be struck 
 Qut, next those to be inserted, and lastly, the whole passage 
 as it will be when amended. And, if it be desired, the 
 question must then be divided, and put first on striking 
 out, and, if that be carried, next on inserting the words 
 proposed. If this be lost, it may be moved to insert other 
 words. 
 
 A Motion is made to amend by striking out certain 
 words, and inserting others in their place [AJ, which is 
 negatived. Then it is moved to strike out the same words, 
 and to insert others of a tenor entirely different [B] from 
 the first proposed ; and this is also negatived. It is then 
 moved to strike out the same words, and insert nothing, 
 which is agreed to. All this is admissable they being all 
 different propositions. For the rejection of one proposi- 
 tion does not preclude the offering a different one. Nor 
 would it alter the case, were the first motion f A] decided, 
 by putting the question first on striking out, and that be 
 negatived ; for as putting the whole motion to the ques- 
 tion at once, would not have precluded, the putting half 
 could not do it. 
 
 But if it had been carried affirmatively to strike out the 
 words and insert A. it could not afterwards be permitted 
 
TWO HOUSES OF PARLIAMENT. 
 
 l30 
 
 to strike out A. to insert B. The mover of B. should havo 
 notified the House while the insertion of A. was under 
 debate, that he wouid move to insert B. — in which case 
 those who preferred it would join in rejecting A. 
 
 After A. is inserted, however, it may be moved to strike 
 out a portion of the original paragraph, comprehending 
 A. provided the coherence intended to be struck out be so 
 substantial as to make this effectively a different proposi- 
 tion. For that would be merely striking out a paragraph 
 after amending it. Nor does any thing forbid a new 
 insertion in the place of A. and its coherence. 
 
 When the matter contained in two Bills might be better Makin;? two Bills 
 put in one, the course to pursue is, to reject the one, and meut's? '""®"'*' 
 incorporate its matter into the other Bill. And when the 
 matter contained in one Bill would be better distribu- 
 ted into two, any part may be struck out by way of or ono Bill two. 
 amendment, and put into a new Bill. 
 
 If a clause is to be transposed, one question must be ^/^^^'"f ^'j.^auj^ 
 put on striking it out where it stands, and another for by amcndmenu 
 inserting it in the place desired. 
 
 If a Bill be passed by one House with blanks, they Filling up 
 
 ^ ^ /.I blanks. 
 
 may be filled up by the other by way of amendments, 
 and returned to the first House as such. 
 
 As to the rules to bo observed in filling up blanks see 
 chap. IX. on Money Bills. 
 
 The number prefixed to the section of a Bill, being 
 merely a marginal indication, and no part of the text of the 
 Bill, the Clerk regulates that, the House or Committee 
 have only to amend the text. 
 
 The subject of amendments having been considered, 
 the former subject of which it fijrms a part, vizr — the 
 manner of disposing with any proposition made to the 
 House must be resumed.'* 
 
 * For the followiiig analytis of the Precedence arQueatioiis, &c., I am Jundebt- 
 ed to the Manual of Parliamentary Practice, by H. C. Thomson, £$(j. refierrQd to 
 iu the Preface. 
 
HO 
 
 RULES OF PROCEEDING IN THE 
 
 First class. 
 
 Second class. 
 
 Third class. 
 
 one ) 
 lit S 
 (1 5 
 
 III tlie 1st, 2d nnd 3(1 Classes, and 
 the first member of the 4th class, 
 the rule " first moved, first put," 
 takes place. 
 
 Precedence of It mav be asked whether these propositions have any 
 
 QuostioiiH guiic- . . , , , , 
 
 rally. privileges or precedence among themselves, or whether 
 
 they are so equal that the common principle of " first 
 " moved, first put," regulates them"? This will need 
 explanation ; their competitions may be as follows, viz : — 
 
 1st. Previous Questiou and Postpone 
 
 Coniini 
 
 Amend 
 Sd. Postpone and Previous Question 
 
 Commit 
 
 Amend 
 3d. Commit and Previous Question f 
 
 Postpone > 
 
 Amend ) 
 4th. Amend and Previous Question ) 
 
 Postpone S 
 
 Cointiiit ) 
 
 In the Jirst class, where the Previous question is first 
 . moved, the effect is peculiar. For it not only prevents 
 the after motion to postpone, or commit, from being put 
 before it, but from being put after it. For if the previous 
 question be carried, viz : — that the main question shall 
 now be put, it would of course, be against the decision to 
 postpone or commit. And if it be lost, viz : — that the 
 main question be not put, the House is out of possession of 
 the main question, and consequently there is nothing 
 before them to postpone or commit. So that neither 
 voting for or against the previous question, will enable the 
 advocates for postponement or committal to attain their 
 object, which can only be done by the previous question 
 being withdrawn, for it cannot be amended, as will be seen 
 hereafter. 
 
 Second Class. If the motion for postponement be 
 decided aflSrmatively, the proposition is removed from 
 before the House, and consequently there is no ground 
 for the previous question, committal, or amendment. But 
 if decided negatively, that it shall not be postponed, the 
 main question may then either be suppressed by the previ- 
 ous question, committed or amended. 
 
 The Third Class is subject to the same observations as 
 the second. 
 
TWO HOUSES OF PARLIAMENT. 
 
 141 
 
 The Fourth Class. Amendment of the main question 
 being first moved, and afterwards the previous question — 
 the question of amendment shall be first put. 
 
 Amendment and Postponement competing, postponement 
 is first put, because the question for amendment is not 
 suppressed by postponing or adjourning the main question, 
 but remains before the House whenever the main question 
 is resumed ; because, possibly, the occasion for other 
 business might be so immediate, that it would be lost by 
 length of debate on the amendment, were not the House 
 enabled to postpone the whole subject. 
 
 Amendment and Committal . The question for commit- 
 tal though last moved shall be first put, because in reality 
 it befriends and facilitates the motion to amend (c). 
 
 "Wc have hitherto considered the case of two or more 
 privileged questions contending for precedence amongst 
 themselves, when both were moved on the original or 
 main question, but let us now suppose one of them to be 
 moved, not on the original primary question, but on the 
 secondary one, ex gr, — 
 
 Suppose a motion to postpone, commit or amend the 
 main question, and that it be moved to suppress that 
 motion by putting a previous question on it. 
 
 This would not be permitted ; because it would embar- 
 rass questions too much to render them so complicate, 
 when the same result could be obtained by deciding 
 against the motion to postpone, &c. 
 
 Suppose a motion for the previous question, or the 
 committal or amendment of the main question — and that 
 it be then moved to postpone such a motion. This would 
 not be allowed, for three reasons. 1st. Because it would 
 be absurd to postpone the previous question, comiiiltment 
 or amendment, alone, and thus separate the appendage from 
 the principal ; yet it must be postponed separately from 
 
 Prnccdcnco of 
 ((ijcNiiuns gone* 
 ri.ll>. 
 
 Fourth Clius. 
 
 Amcnilmcut and 
 pcstponcincnt. 
 
 Amendment and 
 Committal. 
 
 Previous ques- 
 tion cannot be 
 put on secondary 
 questions. 
 
 Previous ques- 
 tion, commit- 
 ment, or amend- 
 ment, cannot bet 
 postponed 
 
 (e) Scob. 46. 
 
142 
 
 RULES OF PROCEEDING IN THE 
 
 f>reced^ncc of 
 questions gene- 
 rally. 
 
 A motion for tlm 
 previous (|ues- 
 tion, or to post- 
 pone, or unicnd, 
 cannot be com- 
 mitted. 
 
 Previous ques- 
 tion cannot be 
 fiinended. 
 
 A motion to 
 nmeud a question 
 for postpone* 
 ment. 
 
 Wh^n araertd* 
 nents to amend- 
 ments arc admis' 
 •able. 
 
 the original motion if at all; therefore the motion to post- 
 pone the secondary motion for the previous question, or 
 for committing or amending, cannot be received. 2nd. Be- 
 cause this would be piling questions one upon the other, 
 which, to avoid embarrassment, should not be allowed. 
 3rd. Because the same result can be obtained by simply 
 voting against such prerious question, committal, &c. 
 
 Suppose a commitment of a motion for the previous 
 question, or to postpone or amend — to be moved. Tho 
 first, second, and third reasons above stated, all hold good 
 to prevent this. 
 
 Suppose an amendment moved to a motion for the 
 previous question. Answer — the previous question can- 
 not be amended ; Parliamentary usage has fixed its form 
 to be " shall the main question be now put 1" and as the 
 present instant is but one, it can admit of no modification. 
 To change it to the next day, or any other time, is alike 
 without example and utility. 
 
 But suppose a motion to amend a motion for postpone- 
 ment ; as to one day instead of another, or to a special 
 instead of an indefinite time. The useful character of 
 amendment gives it a privilege of attaching itself to a 
 secondary and privileged motion (with the above excep- 
 tions) : that is, a postponement of a main question may be 
 amended ; so a committal of a main question may be 
 amended, as for example, by adding " with instructions to 
 enquire," &c. In like manner, if an amendment be 
 moved to an amendment, it is admitted. But it would 
 not be admitted in another degree, viz. — to amend an 
 amendment to an amendment of a main question, as this 
 would lead to too much embarrassment. The line must 
 be drawn somewhere, and Parliamentary usage has drawn 
 it after the amendment to the amendment. The desired 
 result must be sought by deciding against the amendment 
 to the amendment, and then moving it again as it was 
 
TWO UOL'StiS OF I'AKLIAMLM. 
 
 113 
 
 desired to be amended. In this form, it becomes only an Prc-Jcnc* of 
 
 rally. 
 
 ainundment to an amendment. 
 
 Accordino; to tho rule of Parliament in fillinc: up blanks> ^i" '? """'"B "P 
 
 o . blanks. 
 
 the smallest sum and the longest time are privileged {J"), 
 and must bo moved before a greater sum and shorter time, 
 even though not proposed until afterwards.* But such 
 motions are not considered in the form of amendments, but 
 as alternative or successive originals. In all cases of timo 
 or number, it must bo considered whether the greater 
 comprehends the lesser, as in the question to what day a 
 postponement of any matter shall be, the number of a 
 Committee, amount of a fine, term of an imprisonment, 
 &;c. or the terminus in quern in any other case ; then the 
 question must begin a maxifno. But where the lesser 
 concludes the greater, as in questions on the limitation of 
 the rate of interest, on what day the Session shall be closed 
 by adjournment, on what day the next shall commence) 
 when an act shall commence, or the termmus in quo in 
 any other case — the question must begin a minitno. The 
 object being not to begin at the extreme, whicli (and more) 
 is within every one's wish, and which, if carried in the 
 affirmative, would preclude every question for more — but 
 at that extreme which would unite but few, and then to 
 advance or recede until you arrive at a number which will 
 command a majority {g). *' The fair question in this case 
 " being, not that to which and more, all will agree, but 
 " whether there shall be an addition to the question" (A). 
 
 Another exception to the rule of priority is, when a Motionstoamedd 
 
 , , , ., have priority of 
 
 motion has been made to strike out, or agree to a para- tbo«e to agree or 
 graph. Motions made to amend it, as to be put to the 
 question before a vote is taken to a paragraph. Motions 
 made to amend it, are to be put to the question before a 
 
 (f) 5 Grey, 179 ; 2 HaU. 81, 83; 3 Hats. 132, 133. 
 
 (g) 3 Grey, 384, 385. (h) 1 Grey, 365. 
 
 * As to tke node of fiUiog up m«»k« in all matters of supply, see Clt. IX. 0» 
 Money BilU. 
 
141 
 
 Kl LKS OF PKO('i:KI)IN(i IN Tilt 
 
 Precede nc« of 
 c|ucf tioDS gene- 
 rull>. 
 
 IncidtMitnl quel* 
 tioov, viz : 
 
 Of Order or Pri- 
 vilege. 
 
 Reading papers. 
 
 Rulei to be ob- 
 iierved on com- 
 mon quoitiou*. 
 
 Dividing a com- 
 plicated question 
 
 vote is taken on striking out, or agreeing to the whole 
 paragraph. 
 
 But there are several questions, which being incidental 
 to all, in the course of debate, will take precedence of 
 every other, privileged or not, viz. — a question of order, 
 arising out of any other question, must be decided before 
 that question (?'). A matter of privilege arising out of any 
 other question, or from a quarrel between two Members, 
 or any other cause, supersedes the consideration of the 
 original question, and must be first disposed of {k). Also, 
 a motion for reading papers relating to the question before 
 the House, must be put before the principal one (i). 
 
 The following are the rules to be observed on any ques* 
 lion Eot of a particular or privileged description. 
 
 A motion having been made and seconded, is in the 
 possession of the House, and cannot be withdrawn without 
 leave of the House. 
 
 The question is to be first pu' i the afHrmatlve, and 
 then on the negative side. 
 
 After the Speaker has put the affirmative part of the 
 question, any Member who has not spoken before, may 
 rise and speak before the negative is put ; because it is no 
 full question until it has been put in both parts (m). But 
 in small matters, and which are of course, such as receiv- 
 ing petitions and reports, withdrawing motions, reading 
 papers, &c. the Speaker generally supposes the consent of 
 the House, if no objection be expressed, and does not put 
 the question formally (n). 
 
 If a question contain more parts than one, it may be 
 divided into two or more questions, by the order, or with 
 the consent of the House (o). If the House do not order 
 
 CO 2 Hat«. 88. (k) 2 Hat«. 88. 
 
 (t) 2 Hau. 88. (m) Scob. 23. 
 
 («) 5 Grey, 129 ; 9 Grey, 301. 
 
 (o) C. 3. 2 Dec. 1640 ; 19 Feb. 1770; 2 Jan. 1795; 25 Jan. 1771 ; 9 ApriJ, 1773- 
 21 May, 1773. 
 
TWO nois^:s or i^ARi.iAMFNt. 
 
 145 
 
 a cotn|)licatod question to be divided, the only mode of i.r.ro.i.nrpor 
 separating it is by moving amendments thereto ( ;>), which ^K'""" ''"""' 
 must be decided by the House (7). So, wherever there 
 are several names in a question, they may be divided and 
 put one by one (/). 
 
 When there is a question before the House, no other (.„.exi,iin, 
 motion can bo brought forward until that is decided, ex- 'i"'-'^''"""- 
 cept It be of the class of privileged <iue3lions (as for the 
 previous question, &c.) or unless it has special reference 
 to the question itself — as a motion to amend, to withdraw, 
 to read papers, or a question of order or privilege — which 
 suspends the consideration of the main «]uestion until they 
 are determined. With these exceptions, the rule is, that 
 when a motion has been made and seconded, no other can 
 be received. 
 
 If a question for rejecting a Bill be lost, it passes of 
 course to its next reading. And a motion for a first (or 
 any other; reading being lost, is a final rejection. 
 
 Where questions are perfectly equivalent, so that the K,,uivaieni 
 negative of the one amounts to the affirmative of the other, 'J"*"""""- 
 and leaves no other alternative, — the decision of the one 
 necessarily concludes the other (*). Thus the negative of 
 striking out amounts to the affirmative of agreeing ; and 
 therefore to put a question for agreeing after the question- 
 for striking out is lost, would be to put the same question 
 in effect twice over. But this rule does not extend to 
 cases of amendments between the two Houses, for a mo- 
 tion made to recede from amendments previously made f^jen'^ule TwoT 
 by one House, but to which the other refuses its concur- ."""j? *^*'"*'* 
 ronce, being negatived — does not amount to a positive 
 vote to insist, because there is another alternative, viz. 
 to adhere. 
 
 For example — a Bill originating in one House is passed 
 
 (p) C. J. 17 April, 1759. 
 (r) 9Gicy, 4M. 
 
 (q) 2 Hats. 85, 6. 
 (») 4 O'roy, 1 J7. 
 
r^ 
 
 146 
 
 RULES OF PROCEEDING IN THE 
 
 Precedence of 
 question! gene- 
 rally- 
 
 Rulcs regulating 
 them. 
 
 Adhereuce. 
 
 lanstin; 
 
 by the other with an amendment ; a motion in the origin- 
 ating House to agree to this amendment, is lost. Does there 
 result from this a vote of disagreement, or must the ques- 
 tion of disagreement be expressly voted 1 The questions 
 respecting amendments from the other House are — Ist. To 
 agree ; 2d. To disagree ; 3d. To recede ; 4th. To insist } 
 6th. To adhere. 
 
 1st. To agree, and 2d. To disagree. Either of these 
 necessarily concludes the other, for the positive of either 
 is equivalent to the negative of the other ; and no other 
 alternative remains. On either motion, however, amend- 
 ments to the amendments may be proposed, as, if it be 
 moved to disagree, those who are in favour of the amend- 
 ments may propose amendments, and make the question as 
 perfect as possible before the question for disagreeing is 
 put. 
 
 3d. To recede. You then either insist or recede. 
 
 4th. To insist. You may then either recede or fidhere, 
 — the term of insisting may be repeated as oft«in as the 
 House chooses to keep the question open. 
 
 5th. To adhere. You may then either recede or insist. 
 
 Consequently tho negative of these is not equivalent to 
 a positive vote of agreement. It does not raise an impli- 
 cation so necessary as to authorise the Clerk, by inference, 
 to enter another vote : for two alternatives still remain, 
 either of which may be adopted by the House. 
 
 The first adherence by either House renders it necessary 
 for the other to recede or adhere also ; if the las<, the 
 matter is usually suffered to fall {t). Latterly, however, 
 instances have occurred of their having gone to a second 
 adherence. But there must be an absolute conclusion of 
 the subject somewhere, or otherwise transactions between 
 the Houses would become endless {v). 
 . The term of insisting, we are told by Sir John Trevor, 
 
 t) 10 Grey, Hi. 
 
 (f ) i Hats, act?, 'no. 
 
 ^ 
 
TWO HOUSES OF PARLIAMENT. 
 
 147 
 
 ;vor. 
 
 i: 
 
 
 was then (IG'JD) newly introduced into Parliamentary Precedence of 
 
 1V1-,..- •11 qucstious gene-* 
 
 usage by the jLords {w). It was certainly a happy mno- rally. 
 ration, as it multiplies the opportunities of trying modifi- 
 cations which may bring the Houses to a concurrence. 
 Either House, however, may pass over the term of in- 
 sisting, and adhere in the first instance {x). But such a 
 procedure is not respectful to the other House ; for, in the 
 ordinary usage of Parliament, there are at least two free 
 Conferences before an adherence (y). 
 
 Either House may recede from its amendments and Receding. 
 agree to the Bill ; or recede from their disagreement and 
 agree to the same, absolutely, or with an amendment ; for 
 here the disagreement and receding destroy one another, 
 and the subject stands as before the disagreement (z). 
 
 But the House cannot recede from, or insist on its own 
 amendment, with an amendment; for the same reason 
 that they cannot send to the other House an amendment 
 to an Act after having passed the act. They may modify 
 an amendment from the other House by engrafting an 
 amendment upon it — because they have never assented to 
 it ; but they cannot amend their own amendment, because 
 ihey have before agreed to it in that form (a). Neither, 
 where one House has adhered to its amendment, and the 
 other agrees to it, can the first House depart from the form 
 which they have fixed by their adherence. 
 
 It is unparliamentary to strike out at a conference any-^ 
 thing in a bill, &c. which has been agreed to, and passed 
 by both Houses (b). A motion to amend an amendment Precedence of 
 
 •f ^ ' ^ questions of tuw 
 
 from the other House, takes precedence of a motion to '*'"''• 
 agree or disagree. 
 
 A Bill originating in one House. is passed by the other "c^tj^bctrew?" 
 with an amendment. The originating House agrees to the may' be curled'. 
 
 (ic) 7 Grey, 94. 
 
 (y) 10 Grey, 147. 
 
 (o) 9 Grey, 353 ; 10 Grey, 240. 
 
 (z) 10 Grey, 146. 
 
 (z) Elsy. 23,27; OGrcy, 47C. 
 
 (6) 6 Grey, 274; IChand.SlS. 
 
fl'l 
 
 No ({uc.«tion, ir 
 rejected, to he 
 OllVred again 
 Uiut JSessioii. 
 
 How this rule 
 should be coi;-. 
 i^t.rucd. 
 
 148 
 
 RULES OF PROCEr.DIN'G IN THE 
 
 amendment, with an amendment. The other House may 
 agree to that amendment with an amendment ; that being 
 only in the second, and not the third degree. For as to 
 the amending House, the first amendment with which they 
 passed the Bill is a part of its text ; it is only the text they 
 have agreed to. The amendment to that text by the ori- 
 ginating House, therefore, is only in the first degree ; and 
 the amendment to that again, by the amending House, is 
 only in the second degree, or an amendment to an amend-" 
 ment, which is admissable. 
 
 And also, when a Bill from the originating House is 
 amended by the other at its second reading ; on the third 
 reading, this amendment having become the text of the 
 bill, and an amendment to it is moved, an amendment to 
 that amendment is admissable, it being only in the second 
 degree. 
 
 Having cor»sidered' ike various kinds of questions which 
 may be offered to the House, and the forms by which they 
 arc regulated, we come now to the important rule which 
 says. That no question which has been proposed to the 
 House and rejected, may be offered again in the course of 
 the same Session. The motives upon which this rulo 
 is founded, seem to be in order to avoid surprise, and that 
 unfair proceeding which olherwifie might be made use of 
 (c), therefore it should be adheped to by the House, on all 
 occasions, as strictly as possible. 
 
 But, says Hatsell (fZ), this rule is not to be so strictly 
 and verbally enforced as to stop the proceedings of the 
 House. It) is rather to be kept in substance than in words, 
 and the good sense of the House must decide upon every 
 question, how far it comes within the meaning of the rule. 
 It clearly does not extend to prevent the putting the same 
 question in the different stages of a Bill (as, for instance, 
 an amendment at the third readlnsr. which had been 
 
 (c; 2 Hals. J .id. 
 
 \i) 'i Ilut^. ViX,. 
 
 ■A 
 
 I 
 
TWO HULSES OF PARLIASIENT. 
 
 149 
 
 rH 
 
 fd 
 
 rejected at the second {c) ; ) nor to prevent the discharg- 
 ing orders which have been made, even on the greatest 
 deliberation ; as appears from tlie instance of the 14 and IV 
 January 1766, on discharging the order made fur printing 
 the American papers. 
 
 But it clearly extends to prevent contradictory mat- 
 ters from being enacted in the same session* as for in- 
 stance oflfering a motion upon any subject which the House 
 had previously refused to entertain. The only course to bo 
 pursued in such a case is a prorogation of the session for 
 two or three days, but all matters pending before the 
 House will then be quashed. The House of Commons 
 has on several occasions been thus prorogued rather 
 than suffer a rule of so much importance to be violated ; 
 see Chap. VIIl. On Public Bil's {Bill if lost not to he 
 renewed that session). 
 
 A debate may be adjourned by the House either to a Debate 
 late hour of the same day, or to another day, whic^* may " J""'^"'^ ' 
 either be next, or any particular day specified. If during 
 a debate a motion be made to adjourn, and it is lost, the 
 member who was interrupted in his speech by the motion, 
 may resume speaking {J"). 
 
 Any facts, principles, opinions or purposes of the House Difference 
 are expressed in the form of Resolutions, but when the lutioiis and or- 
 House commands it is by an " order." 
 
 Orders of the House are generally rules for the internal ^^^ 
 regulation of its business : and the only case in which a 
 member has a right to insist upon any thing of himself is 
 
 crs of ihc 
 
 House. 
 
 (e) See C, J. IC &. 13 Dccem. 170C ; 9 Mar. 17^8. 
 
 (f) C. J. 2G Feb. 1836. 
 
 * Bui in cases of veiy groat importanrp, tliore arc precedents of this rule hav- 
 ing been virtually dispensed with. Thus when the Address on the preliminari'^n 
 of Peace, iu 1782, had been lost by a majority of oiie, on account of liie impor- 
 tance uf the question, and smullness of the majority, tho same question, in sub- 
 stance, though with sonic words not in the first, and which might change the 
 opinion of sonic Members, was brought on agaia and carried, tho motives for it 
 Leiug thought to outw cigh the objection of form. 
 
 It 
 
150 
 
 RULE3 OF raOCIiEDlNtt IN THE 
 
 
 V 
 
 Orders of the 
 Day. 
 
 Order that no 
 new Bills be 
 considered after 
 a certain time, 
 except. 
 
 When Orders 
 dctermiac. 
 
 Order in wliich 
 the House should 
 attend public 
 solemnities. 
 
 Evidence cannot 
 be taken upon 
 oath by Iloubc of 
 Couinious. 
 
 when he calls for the execution of any subsisting order of 
 the House. Here, there having already been a resolution, 
 any member has a right to insist that the Speaker, or 
 any other whose duty it may be, shall carry it into exe- 
 cution, and no debate or delay can be had upon it. Thus 
 any member has a right to require the House or Gallery 
 to be cleared of strangers, an order existing for that pur- 
 pose ; or to have the House counted when there is not a 
 quorum present. 
 
 But where an order is made that any particular matter 
 be taken up on a particular day, there a question is to bo 
 put, whether the House will proceed to the consideration 
 of that matter. Wiien orders of tlie day are on important 
 or interesting subjects, they should not be proceeded on, 
 until an hour at which the House is usually full. An 
 order of the day may be discharged at any time, and a 
 new one appointed for a different day {§). 
 
 When a session is drawing to a close, and the important 
 measures have been all brought forward, the House, in 
 order to prevent interruption in their consideration, some- 
 times resolve that no new Bills shall be entertained ex- 
 cept they be sent from the other House {k). 
 
 All orders of the House determine with the session 
 (except they are made standing orders); and any one 
 committed by such an order, may, after the close of the 
 session, be released on a Habeas Corpus. 
 
 For the forms and order to be observed by the House 
 on attending any public solemnity, see Appendix XVI. 
 
 In all matters upon which evidence is taken by the 
 House of Commons (except in Election Committees) it 
 cannot bo taken upon oath, the House of Lords alone 
 possessing that privilege (?). 
 
 Thus the rules of proceeding in Parliament have been 
 
 (ff) 3 Grey, 48, 313. 
 
 ^t^ llargravc's Juris. II. of Lords. 
 
 (h) 3 Grey, 156. 
 
TWO HOUSES OF PARLIAMENT. 
 
 lol 
 
 pointed out and considered ; and it is by the strict obser- Forms should bo 
 
 p . , , , . 1 • 1 1 11 strictly obscrvet . 
 
 vanco ot them alone that the propriety which should 
 always characterize such a dignified and important Assem- 
 bly can be preserved, and the weaker party protected 
 from those irregularities and abuses which the possession 
 of power is too apt to engender, in largo and successful 
 majorities, and which these forms are intended to check. 
 And whether they are in all cases the most rational or not, 
 is not of so much importance. They have been adopted 
 from time to time as they have been found necessary — 
 they have grown out of the various situations in which tho 
 House has been placed by time and circumstance — and 
 they have been devised by the wisdom of our ancestors 
 for the proper governance and regulation of tiieir pro- 
 ceedings. It is much more material that there should be 
 a rule of action, than what the rule may be, for by this 
 alone can a uniformity of proceeding be preserved which 
 is not subject either to the caprice of the Speaker, or tho 
 captiousness of the members, and that regularity and con- 
 sistency be preserved, which is requisite to secure respect 
 to the proceedings of a deliberative Assembly. 
 
 The only subject that remains for consideration In this iiow the Session 
 
 , . , -I'll • PTt 1- ^ ""*y •"' closed. 
 
 chapter is, the manner in which the sessions ot Tarhament 
 may be adjourned, prorogued or dissolved. 
 
 1. As to Adjournment. 
 
 An adjournment is no more than a continuance of the By m'journnicnt. 
 session from one day to another. It is made by tho 
 authority of each separately every day, and sometimes for 
 a fortnight or a month together, as at Christmas or Easter, 
 or upon other particular occasions. But the adjournment 
 of one House is no adjournment of the other {/c). 
 
 The true parliamentary doctrine seems to be, that the 
 Kino- has no authority to adjourn the Parliament, but can 
 only signify his desire ; and It is left to tlie wisdom or pru- 
 
 ih) i last, 'Jt. 
 
^'l 
 
 
 it 
 h 
 
 
 Ml 
 
 
 if! 
 
 I 
 
 i| 
 
 
 1 
 1 ■ 
 
 1 
 
 1 
 
 152 
 
 Rri.ES OF PROCFEDING IN THE 
 
 dence of either House to comply with his request or not, 
 as they see fitting. ]t appears too, from the cases (Z), that 
 the House, even after the signification of the King's pleasure, 
 have proceeded to do business, and then have adjourned 
 " upon question," and sometimes not without a division. It 
 hath, however, been usual, when His Majesty hath signi- 
 fied his pleasure that both or either House should adjourn 
 themselves to a certain day, to obey the King's pleasure, 
 and adjourn accordingly (;»). Otherwise, besides the 
 indecorum of a refusal, a prorogation would assuredly 
 follow, which would be very convenient both to public 
 and private business : for prorogation puts an end to the 
 session, and all things if taken up again must be begun 
 ariew. But after an adjournment, be the term ever so 
 distant, all things continue in the same state as at the time 
 of making the adjournment (»), and may be proceeded on 
 without any fresh commencement. 
 
 A right to prevent the House of Commons from ad- 
 journing themselves, has never been claimed in England ; 
 it is claimed, however, with regard to the Houses of As- 
 sembly in the British Colonies (o). 
 
 Previously to 1799 three weeks notice of the re-assembly 
 of Parliament after a recess by adjournment, was required 
 by law ; but in that year, on the ground that three weeks 
 was fin inconveniently long period, a fortnights notice was 
 substituted {p). 
 Committees du- Committees may be appointed to sit during a recess by 
 tius such recess, adjournment, but not by prorogation (q). Neither House 
 can continue any portion of itself in any parliamentary 
 
 (I) L. J. 5 June, 1628 ; C. J. 5 April, 1626 ; 12 Angust, 1668 ; 15 April, 1678. 
 
 (m) C. 3. passim', ex gr. 11 June, 1572; 5 April, 1604; 4 June, 14 Nov. and 
 18 Dec. 1621; 11 July, 1625; 13 Sept. 1660; 25 July, 1667; 4Aug. 1685;24 Feb. 
 1691 ; 21 June, 1712; 16 April, 1717; 3 Feb. 1741 ; 10 Dec. 1745; 21 May, 176ti. 
 
 (n) Lex Pari. ch. 2 ; 1 Bl. Com. 186. 
 
 (o) Stokes on the Colonies, 242. 
 
 (p) By 39 & 40 Geo. III. ch. 14. 
 
 (q) 5 Grey, 374; 9 Gicy, 350 ; 1 Chand. 50. 
 
TWO HOUSES OF PARLIAMENT. 
 
 153 
 
 function, beyond the end of the session, without the con- 
 sent of the other two branches. When this is given, it is 
 by a Bill constituting them Commissioners for the parti- 
 cular purpose. 
 
 2. As to Prorogation. 
 A Prorogation is the continuance of a Parliament from 
 one session to another, as an adjournment is a continuation 
 of the session from day to day. The Parliament is pro- 
 rogued by the Royal Authority, expressed either by the 
 Lord Chancellor in His Majesty's presence, or by a Com- 
 mission from the Crown, or frequently by Proclamation ; 
 and both Houses are necessarily prorogued at the same 
 time, it being a prorogation of the whole Parliament, and 
 not of the individual House. The session is never under- 
 stood to be at an end until a prorogation ; though unless 
 some act be passed, or some judgment given in Parliament, 
 it is in truth no Session at all (r). 
 
 The proroguing by Commissioners specially appointed 
 for the purpose, is the usual form when the Parliament 
 meets from time to time during the recess. Of such pro- 
 rogations notice is given by Proclamation, or by Order in 
 Council, published in the Gazette ; and when it is intended 
 that tlie Parliament shall actually sit for the despatch of 
 business, notice of that purpose is given in the Proclama- 
 tion ; which generally bears date at least forty days before 
 the appointed time of meeting. But such notice, though 
 customary, and not likely to be departed from without a 
 real necessity, is not positively required by law («). In 
 the time of actual rebellion, imminent danger from invasion, 
 or other exigencies of the State, during a recess, the King 
 is empowered to call them together by Proclamation with 
 but fourteen days notice {t). 
 
 Prorogations. 
 
 (r) 1 Bl. Com. 186 ; 4 last. 28. 
 
 (a) See instances In 1689, 1707, and 1727. 
 
 (t) 37 Geo. III. ch. 137. 
 
154 
 
 RULES OF PROCEEDING IN THE 
 
 
 Dissolution. 
 
 By the King's 
 Order. 
 
 By the demise of 
 the Crown. 
 
 There is a precedent In the reigji of Charles I. of tho 
 King proroguing Parliament at the House of Lords, with- 
 out sending for the Coauuons, or for any Act passed during 
 the Session (r). 
 
 3. As to the Dissulutioii of 'Parliament. 
 A Dissolution is the civil death of Parliament; and this 
 may be effected three ways : 1st. By the King's will ex- 
 pressed either in person, or by representation, for as tho 
 King only has the right of convening Parliament, so he has 
 the sole power of dissolving it. The present form of dis- 
 solving Parliament, which has been followed ever sinco 
 the Revolution, is, that Parliament is prorogued to a cer- 
 tain day, and then a Proclamation is issued, discharging 
 the Members from their attendance upon that day, and 
 dissolving the Parliament. If both Houses, or either of 
 them, be under an adjournment at the time, there seems 
 no reason to doubt that the Proclamation would have the 
 same effect of putting an immediate end to Parliament. 
 The practice of proroguing Parliament before its dissolu- 
 tion, which has now been uniform for above a century, has 
 probably arisen from the motives referred to by Charles I. 
 in 1628, " That it should be a general maxim with Kings 
 themselves, only to execute pleasing things" {lo), 
 
 2dly. A Parliament may be dissolved by the demise of 
 the Crown.* This dissolution formerly happened imme- 
 diately upon the death of the reigning Sovereign : lor he 
 being considered in law as the head of the Parliament 
 {cajput, prindpium, et finis) ; that failing, the whole body 
 was held to be extinct. But the calling a new Parliament 
 immediately on the accession of the Successor, being found 
 inconvenient, and dangers being apprehended from having 
 no Parliament in being in case of a disputed succession, it 
 
 (») L. J. 10 Mar. 1629. (jc) Dwar. 315. 
 
 * By the Prov. Act 7 Wm. IV. ch. 17, the Parliament of Upper Canada is aot 
 to bo dissolved, or in any other way aflfected, by the demise of the Crown, 
 
TWO HOUSES OP PARLIAMENT. 
 
 155 
 
 was enacted by the Statutes 7 & S Wm. III. ch. 15, and 
 6 Anne, ch. 7, that the Parliament in being shall continue 
 for six months after the death of any Monarch, unless 
 sooner prorogued or dissolved by the successor ; that if 
 the Parliament be, at the time of the King's death, sepa- 
 rated by adjournment or prorogation, it shall, notwith- 
 standing, assemble immediately ; and that if no Parlia- 
 ment is then in being, the Members of the last Parliament 
 shall assemble and be again a Parliament (x). 
 
 When it is iho King's pleasure to prorogue or dissolve 
 the Parliament, His Majesty generally comes in person to 
 the House of Lords ; when he sends the Usher of the 
 Black Rod for the House of Commons to come to the Bar 
 of the Lords' House : the Chancellor then, by special 
 command of the King, pronounces the Parliament to be 
 prorogued or dissolved. 
 
 3d. Sc lastly. A Parliament may be dissolved, or expire, „ .. , 
 
 •' •' t ' By expiration of 
 
 by efflux of time.* The utmost extent of time that the ti.'«t"moft.cr. 
 
 •' vice. 
 
 same Parliament was allowed to sit, by the Statute 
 6 Wm. & Mary, ch. 2, was tJtrce years. But, by the 
 Statute 1 Geo. I. stat. 2, ch. 38 (in order, professedly, to 
 prevent the great and continued expenses of frequent elec- 
 tions, and the violent heats and animosities consequent 
 thereupon, and for the peace and security of the Govern- 
 ment, then just recovering from the Rebellion) this terra 
 was prolonged to seven years : and, what alone is an 
 instance of the vast authority of Parliament, the very same 
 House that was chosen for three years, enacted its own 
 continuance for seven. So that, as our Constitution now 
 stands, the Parliament mus^ expire, or die a natural death, 
 at the end of every seventh year, if not sooner dissolved 
 by the Royal authority ; as it generally is, in the course of 
 every five or six years. 
 
 (x) Amended by tlio 37 (ici>. IIT. cli. 1'2T. 
 
 * The Parliaments oi" CdiiuJa arc limited to four years duration by the Con- 
 stitutional Act. 
 
m 
 
 156 
 
 RULES OF PftOCCGDINO IN THE 
 
 il 
 
 The Septennial Act has been deemed an unconst;t.:»'nnal 
 exertion of the authority of Parliament ; and the reason 
 alleged is, that those who had a power delegated to them 
 for three years only, could have no right to extend that 
 term to seven years. But on this it has been observed, 
 that it is not true in fact, as the argument is usually put, 
 that a Parliament chosen for three years continued them- 
 selves for seven, since it was only one part of the Parlia- 
 ment, tho House of Commons, which was chosen for any 
 limited time ; and the Septennial Act was the act of tho 
 whole legislature. 
 What proceed- By a dissolution or prorogation of Parliament, Impeach- 
 bT'a TiM^oiution, nients bv the Commons, Appeals, or Writs pending in 
 or prorogatiou. Parliament, do not abate, but tho next Parliament can 
 take them up, and proceed upon them in the state in which 
 they were left at such dissolution or prorogation. 
 
 In ancient days. Parliaments were required by law to 
 meet every year, " and oftener, if need be" (y), and dur- 
 ing the dynasty of the Plantagenets, they were almost 
 invariably summoned anew, and did not continue, as 
 afterwards, through several Sessions (z). But during the 
 reigns of the monarchs of the Tudor and Stuart lines, 
 more particularly in that of Charles I., intervals of many 
 years were suffered to elapse without " the King's Great 
 Council of Parliament" being ever convened. In con- 
 templation of which, a Statute was passed in the reign of 
 Charles II. (16 Car. II. ch. 1.), prohibiting the intermission 
 of Parliament for more than three years at any one time, 
 the provisions of which were re-enacted by the 6 Wm. & 
 Mary, ch. 2. But these Statutes are now virtually obso- 
 Pariiumcnt must lete. Parliaments being obliged to assemble annually, else 
 
 be summoned 111 ■• n r^ 111 
 
 annually. the whole machmery ot Irovernment would become use- 
 
 less and inefficient. For the Commons, with a vigilant 
 
 ^(y) i t^dw. III. cb. 14 ; 36 Edw. ill. ch. 10. 
 C?) Taybr'.? Book of RighU, 07. 
 
36 
 
 TWO llOUSEa OF I'ARLIAMKNT. 
 
 157 
 
 eye to the interests of the people, at the time of the Revo- 
 lution in 1688, caused the following to be established by 
 the Bill of Rights as one of the principles of the British 
 Constitution : " that it is unlawful to keep any forces in 
 " time of peace without the consent of Parliament," which 
 consent is given only year by year, — the Mutiny Bill, by 
 which the Army is held together, and kept in discipline 
 and subjection, being invariably an annual act. 
 
 Added to this the supplies are granted by the Commons 
 annually ; and it is now, therefore, rendered impossible 
 that a Parliament can be prorogued for a longer period 
 than twelve months without its own consent and authority 
 for the same.* 
 
 * The ftanin annual meeting of Parliament is rcquirad in Canada by the Consti* 
 tmiouai Act (31 Geo. UI. ch. 31), 
 
 W 
 
( 15S ) 
 
 I 
 
 CHAP. VII. 
 
 I 
 
 How Hindu an 
 ci'jutly. 
 
 0n mWc Hillii^.* 
 
 A Bill is a rough draft or skeleton of an Act of Par- 
 liament, drawn out upon paper, with blanks or void spaces 
 in which are afterwards inserted, dates, penalties, and any 
 wiiut a Bill ii. other alterations or annendments which may be found 
 requisite during its progress through the Legislature. 
 
 Formerly, ali Bills were drawn up in the form of 
 .Pctitiong, which were entered upon the Rolls of Parlia- 
 ment with the King's answer or assent subjoined — not in 
 any settled form of words, but as circumstances required, 
 and at the end of each Parliament the Judges drew them 
 out in the form of statutes, which were entered upon the 
 statute Rolls, and Proclamation made of them at the 
 County Courts, that all men might take heed thereto and 
 govern themselves accordingly. This imperfect mode of 
 legislation left the laws greatly at the mercy of the Crown ; 
 accordingly it was discovered that they were sometimes 
 altered, and that others were added of whicli the Lords 
 and Commons knew nothing until they were promulgated 
 at the county Courts. This was made the subject of a 
 solemn remonstrance to the King, in the reign of Henry V.t 
 when, to prevent further mistakes and abuses of this nature, 
 the statutes were ordered to be drawn up by the Judges 
 before the close of Parliament ; and in the reign of Henry 
 
 * In the compilation of this Chapter, I have been much indebted to the very 
 valuable work of Mr. Bramwcll, on the manner of proceeding on Billd in the 
 House of Coniinonj . 
 
 t By a singular coincidence, this document, so iniportuut in completing nnd 
 securing ihe legislative rights of the Ilouse of Commons, is further remarkable 
 CT." being the first act of tiiat Assembly composed and recorded in the Englisli. 
 longue iA. D. 1415;.— Mackintosh's Hist, of England, v, 1, p. 292. 
 
ON PURI.IC BH-Lg. 
 
 150 
 
 VI., Bills, in the form of Acts, according to llio moilern 
 custom, were first introduced. 
 
 It was not till tho reign of Ilonry VII. (a), that tlio 
 Statutes were all drawn up in tho Entrlish lanrjuago : 
 prior to that time, they were cither in Latin or Norman 
 French, generally the latter. 
 
 Those are deemed Public Bills, which have a public wimturo Pui)ii<- 
 and general operation — as Bills which concern the whole 
 community, though only in a particular matter ; or the 
 King, who is the head of the commonwealth ; or the 
 King's revenue, except where it is to be diminished to the 
 advantage of particular persons; or where a penalty or 
 forfeiture is given to tho King; and Bills which concern 
 the Queen, or the Heir Apparent to the Crown ; or either 
 House of Parliament ; or trade in general, or all Officers 
 in general, or the whole Spirituality [b). 
 
 In doubtful cases, where the qualities are of such a Doubtful onsr".. 
 mixed nature as to render it difficult to distinguish whether 
 they are Public or Private Bills, they should be deter- 
 mined by the particular circumstances of each case, or by 
 the usage of the House in cases of a similar nature. 
 
 There is an obvious inconvenience in combining objects 
 of a public and private nature in the same bill : and in 
 some cases where they have been so united, and were Divi.iing Bills. 
 capable of separation, the House has ordered them to be 
 divided into separate Bills (c). 
 
 But where the interests are so combined, &c. that a wiien of a 
 separation is impossible {d), such bills have generally ori- ""^'^ ""'"'c. 
 ginated on petition, but have subsequently been treated as 
 Public Bills. 
 
 Before entering on the subject of the forms to be ob- in whirii iiouso 
 served in the passage of bills, it will be necessary briefly ginaio. 
 to examine what bills are required to originate in either of 
 
 (a) Dwar. 627. (ft) Bra. 11. 
 
 (c) C. J. 4 & 6 Feb. 23 &. 24 Mar. 1795 ; Brigstock Inclosuro. 
 
 (d) C. J. 13 May, 1611, Sullyard's Estate ; 2^ Juiu-, Ulo, for JIcu.x & Co. 
 
li — ~~ 
 
 I 
 
 What 
 
 hfcill 
 Lord.- 
 
 Bills must 
 in tbe 
 
 
 160 
 
 ox PUBLIC BILLS. 
 
 the Houses, and to which House application ought pro- 
 perly and primarily to be made. 
 
 The subject naturally divides itself into four heads, viz. : 
 
 1 . What Bills must originate in the House of Lords. 
 
 The Lords claim the exclusive right of originating 
 Bills for restitution of blood or honours {e) ; and all Bills 
 that may in their consequences affect the peerage (y). 
 Bills for the reversal of Outlawries* (g) ; Bills of 
 Attainder {h) ; Bills of Pains and Penalties {i) ; and 
 other Bills of a judicial nature, generally begin in the 
 House of Lords, in consequence of the judicial powers 
 exclusively possessed by that body. From consider- 
 ations of convenience, bills concerning either House 
 of Parliament usually begin in that House whose proceed- 
 ings are intended to be affected thereby {k). 
 
 But if the claim of the Lords to the commencement of 
 Bills for restitution in blood, was ever intended to apply 
 to all bills fur removing the disabilities and incapacities 
 resulting from Attainders, such pretension seems now 
 universally understood to have been tacitly abandoned. 
 The cases of Lord Bolinbroke (/), Earl Marischall {m)^ 
 and several other instances on the Commons' Journals 
 (particularly in the years 1732 and 1733) decidedly esta- 
 blish that bills for purposes of this nature are not compre- 
 hended in the resolution of the Lordis of the 6 & 7 May, 
 1702 {n). 
 
 (e) L. J. C ftlay, 1702 j C. J. v. 74, p. 622. 
 
 (f) S. 0. 11. of L. 2 Mar. \Cm. 
 
 (g) L. J. V. 17, p. 119, Lord Bophiii ; and see L. J. v. IS, pp. 474, 480, Sir H. 
 Bond's. 
 
 (k) L. J. 10 May, 1530. (i) L. J. 3 July, 1820. 
 
 (k) Bra. 3. (I) 1725. 
 
 (m) 1760. {n) And see Ogilvy's casC; -1 Feb. 1783. 
 
 * Bills for reversing Attainders or Outlawries, are presented to tlie House with 
 the King's allowance written in tlie margin, without any previous petition for 
 that purpose. Vide Lord Ru^soirb und Algernon Sidney 'h hills in 14 L. J. 142; 
 ib. 189. 
 
ON PUBLIC BILLS. 
 
 161 
 
 "2. What Bills must originate in the House of Commons, what Bills must 
 
 _,. r» ri 1 1111 1 -11 1- begin in the 
 
 13iils ot Supply, and all other bills directly, or by con- Common*, 
 •structlon, imposing any pecuniary charge or burthen upon 
 the people, must have their commencement in the House 
 of Commons. See Chap IX. On Bills of Supply. 
 
 This rule, extends to all bills and provisions in bills 
 affectii.g the public revenues ; or any of the estates (o) or 
 debts [p) of the Crown ; likewise to all that Impose any 
 rate, toll or duty, pecuniary penalty, fine or fee {q) ; also 
 to all bills whose consequences necessarily increase or 
 diminish any previously existing rate, toll or duty, pecu- 
 niary penalty, &c. such as provisions in Inclosure Bills 
 for making public highways at the expense of the parties 
 interested in the inclosure ; provisions for altering the 
 boundaries of parishes ; for providing land for the employ- 
 ment of the poor, or ttfTecting the settlements of the 
 poor (/•). 
 
 But this rule does not extend to bills for imposing or 
 removing personal disabilities or incapacities. This dis- 
 tinctioi: between pecuniary and personal penalties, is exem- 
 plified by the proceedings on Bills for relieving Peers from 
 tiisabilities and penalties consequent on having sat and 
 voted without having taken and subscribed the oaths pre- 
 scribed by law. When such bills have begun in the 
 Lords, they have been confined to "disabilities," and when 
 brought down to the Commons, the words " and penalties'* 
 have been added by way of amendment, to the provisions 
 and titles of the bills («). 
 
 3. Which may commence in either House indifferenlly. Which may bc- 
 
 *' . **^ . gin in cither 
 
 All Other Bills, of what kind soever, whether relating House. 
 to the Parliament itself, or to either House separately, or 
 to individuals, as Naturalization Bills, Name Bills, &c. 
 
 (o) 3 Hats. 13a 
 
 (9) C. J. 8 &: 9 Mar. 1693; 30 Mtty, 1702. 
 
 <f ) C. J. 12 Oot. 1831. 
 
 {p) 3 Hats. 134, 150. 
 
 («) C. J. 6 Mar. 1797. 
 
!i 
 
 162 
 
 ON PUBLIC BILLS. 
 
 ill i 
 
 may have their commencement indifferently in either 
 House. 
 Which should 4. Whicli, tlioush Tiot particularly enjoined to bcein in 
 
 have the pre- ° ^ -^ , ^ ^ ° . 
 
 fereiice iu either either Jdousc, yet by usage, Sfc. acquire a preference m 
 practice. 
 
 It seems very reasonable that bills which have for their 
 object the regulation of such matters as fall more imme- 
 diately under the cognizance of either House, should begin 
 in that House which must, from its greater experience, be 
 most competent to frame the provisions of the Bill, so as 
 
 In the Lords ^®^^ ^° answer the intended purpose. The bill for settling 
 the peerage of Great Britain, in 1719, began in the House 
 of Lords. The several laws which have been passed for 
 regulating Elections, and for the exclusion of certain per- 
 sons from sitting in the House, have begun in the House 
 of Commons. Divorce bills, bills for dissolving marriages 
 and allowing separate maintenances, invariably begin in 
 the House of Lords. So Estate bills, bills for enlarging 
 the powers of a tenant for life, or a tenant in tail ; for 
 enabling bodies corporate, or ecclesiastical persons, to 
 alienate or exchange ; for selling settled estates and pur- 
 chasing others in lieu ; should commence in the Upper 
 House, unless they require provisions which will render 
 intheCommons.it necessary that they should commence In the Commons 
 {t). On the other hand, bills for confirming or prolonging 
 the term of letters patent (probably because the public 
 may be affected, beneficially or otherwise, by the result) 
 usually begin in the House of Commons. But it will, 
 of course, sometimes happen that the time limited for 
 receiving private Petitions in the House of Commons, 
 has elapsed, perhaps before the necessity for applying to 
 Parliament is discovered, in such cases bills of the above 
 
 (t) See C. J. V. 26, p. 758, where Lord Asiiburnam's Estate Bill— and C. J. v. 
 29, p. 274— the Duke of Bedford's Estate Bill, sent down from the Lords, were 
 laid aside, uud new bills ordered; and sec Hatseli's remarks on the contents of 
 these bills, 3 vol. pp. ISC, 127. 
 
0\ PURLIC BILLS. 
 
 163 
 
 description, that may begin as well in one House as the 
 other — originate in the Lords. 
 
 A Bill of Grace comes under none of the above heads. Bills of dace, 
 but begins with the Crown — see chap. X. On Bills of 
 Grace and Pardon. 
 
 Public bills are brought in upon the motion of any H'"^^'""»»« 
 
 •-' / •' brought in. 
 
 member for leave to do so, of which he should give notice 
 
 on a previous day.* When a member desires to bring 
 
 in a bill on any subject, he moves the House for that pur- ^y Members. 
 
 pose " with some short speech setting forth the needfulness 
 
 " of a law in that behalf" (y), and concludes by moving 
 
 for leave to bring in a bill entitled, &c. 
 
 Leave being given, the member brings it in himself, or 
 sometimes a Committee is appointed to prepare it. This I5y t-omnj"'";"- 
 Committee is generally one of the whole House [to) ; but 
 sometimes, where evidence is to be taken, or much detail 
 is required, it is a select Committee [x). 
 
 The instructions given upon such occasions, whether to instructions, 
 members or to Committees, are either enabling or manda- 
 tory. The mover and seconder are always appointed on 
 this Committee, with others hi addition (y). 
 
 The Bill must be presented fairly written, without any Bin to be fairly 
 erasure or interlineation, or the Speaker may refuse it {z). 
 
 Public Bills are sometimes ordered in without any pre- oihrrmannprsof 
 
 .. / \ o • T otdcruig iu Bills. 
 
 vious proceeding [a), bomctimcs on reading accompts 
 and papers [b), or acts, (c), or a clause of an act (J), or 
 acts, and entries in the Journals (e), or a previous bill of 
 that session [f\ or a message from the Crown {g), or a 
 
 (u) Hakew. 131 
 
 (x) C. J. 22 April, 1828 ; Anatomy. 
 
 (2) 1 Grey. 82,84. 
 
 (6) C. J. V. C4. p. 295. 
 
 id) C. J. V. 75, p. 97. 
 
 (/; C. J. V. 74, p. 6 19. 
 
 (ic) C. J. ICiMiiy, 1820; Customs Reg. 
 (y) Ilakcw. 132. 
 (a) C. J. 7 July, 1820. 
 (f) C. J. 19 &, 20 June, 1828. 
 (e) C. J. V. C7, p. 190. 
 {g) C. J. 75, p. 1G5. 
 
 * For forms of the various motions necessary to bo made by Members during 
 the passing of a Bill, from the Notice to the final readinjr, sec Jpiirndix XVII, 
 

 164 
 
 ON PUBLIC BILLS. 
 
 Applications for 
 Public Money 
 must bo recom- 
 incu(l<;d by the 
 Crown. 
 
 Wlint Bills must 
 originate in Com- 
 loittcc. 
 
 Bills brought in 
 oa Rosolutious. 
 
 Bill brought in 
 by AIemb«rs. 
 
 report from a Cammittee {h). If the motion be for 
 amending an act, a previous motion is made that the act 
 be read {i). 
 
 No. motion fop pujslic money will be received, unless^ 
 recommended from the Crown, and if no such recommen- 
 dation be signified, the Speaker must decline to put the 
 question [k). The standing order of the 11 June, 1713, 
 requiring this, in terms, extends only to petitions ; but in 
 its spirit and practice, it applies to all applications for 
 public money, or for alienating any estates or revenues of 
 the Crown (I). 
 
 This Rule does not apply to cases requiring Her Ma- 
 jesty's consent to a bill affecting the interest of the Crown, 
 
 But where the bill is. respecting Religion («), or Trade- 
 (o)* Applications for public money, or for imposing a Tax 
 {p), it must originate in a Committee of the whole (q) ; 
 but where it appears doubtful whether it belongs to either 
 of these classes, a select Committee should be appointed 
 to. examine precedents on the subject {r). 
 
 A Bill is brought in upon Resolutions, when resolutions^ 
 have been passed expressing specific propositions, which 
 then become the directions for preparing the bill. In this 
 case the order is " that a bill be brought in upon the 
 Resolutions." 
 
 If a Bill has been directed to be brought in by certain 
 members, it is presented by them to the House in a com- 
 petent time drawn out on paper, with a multitude of 
 blanks where any thing occurs that is dubious, or necessa- 
 ry to be settled by the House — (such as the date of times,. 
 
 (A) C. J. V. 74, p. 108. (t) C. J. V. 64, p. 8C. 
 
 (ft) C. J. 12 Juno, 1804; 13 April, 1608. 
 
 (I) C. J. 19 Mar. 1812; Parkhouse Forest. 
 
 («) 3 Hats. 168 n. (») C. J. 30 April, HTa. 
 
 (o) C. J. 9 April, 1772. (p) See Ciiap. IX. On Monty BilUt. 
 
 (g) S.O. H.of C. i. ii. iii C. J. 18 Feb. 1C67. 
 
 Cr) C. J. 14 & 19 M'lr. 1833. 
 
ON PUBLIC BILLS. 
 
 1G5 
 
 the nature and quantity of the penalties, or of any sura of 
 money to bo raised (*),) being indeed only the skeleton of 
 the bill. 
 
 The preparation of a bill is a most important branch ofprppamtiouof 
 legislation, upon which the success or failure therein mainly 
 depends ; for if the form of a bill be defective at first, it 
 can rarely be made perfect by amendment*. 
 
 As a bill may be opposed at every stage, so may Its Principle, only, 
 introduction be resisted by any member. But if certain reiHimi:. " '"^' 
 parts of the bill only, are objected to, the opposition should 
 be reserved to the second or third reading. 
 
 If the bill should not have been prepared conformally bih witiuirawn, 
 to the rules and orders of the House, or if any particular oidcrcd. 
 informality be discovered therein, upon notice being taken 
 of the same In the House, the order for the second reading 
 will be discharged, the bill withdrawn, and leave given 
 to present a proper one in lieu thereof. For examples of 
 reasons that have been assigned for this proceeding, see 
 General Index to Commons Journals, 1820, p. 240, 697. 
 
 A bill is sometimes presented on the day on which it is Prcscntntionof 
 
 . 1 / \ tlic Bill. 
 
 ordered [t). 
 
 Every member presenting any bill to the House, 
 must prepare a breviate of the same, and go from his 
 place down to the Bart of the House, and bring up the bill 
 and breviate to the Table thereof. 
 
 (s) 1 Bl. Com. lS-:i. (t) C. J. V. 75, p. 15. 
 
 * By the Provincial Statute 7 Wm. IV. ch. 11, iniiny of the ooinmoii forms and 
 repetitions in Legislative Enactments are not now required to bo inserted ia 
 Canadian Bills, they being supplied by tliat General Act. 
 
 t In the various ])roccedings in Parliuinent on Hills and other inatter.s, the At what places 
 
 places for introducing the question to the House by the member are governed by ^^^ dilierent pro- 
 ^ „ . . . . ccedings should 
 
 the nature of the question itself. The principles by which it may be ascertained j,e taken by 
 
 in what places the diflcrcnt proceedings should be taken, are thus stated by Members. 
 
 Mr. Sherwood (in his very useful The.vtise on Private Bills, p. 4). 
 
 All propositions emanating from the Member's mere motion and pleasure, and ., . , 
 
 1. . • ■ . .. , ..,.,... Motions, ivc. 
 
 of which the House is not at that time in possession, aro ottered by the Member 
 
 in his place; as, for instance, in the case of presenting a Petition, making a 
 
 motion, &c. .,.„ „ 
 
 ,.„ ,.,.,. . , - , ,. Bills, Keuorts, 
 
 WhcD tuc House has ordered u mcuibcr to du a certain act out of luc House, ^^, 
 
166 
 
 ON PUBLIC BILLS. 
 
 First reading. 
 
 Consent of the 
 Crown when 
 to be signified. 
 
 Not to be read 
 twice Buniti day. 
 
 A copy of the bill written upon parchment is required 
 to be laid on the table at the first reading. 
 
 The Clerk then reads the title of the bill, and on the 
 motion for its first reading, he reads a few lines of it pro 
 forma, and hands it to the Speaker, who rising, states to 
 the House the title and opens the substance of it by read- 
 ing the breviate. He then declares " that these are the con- 
 tents of the bill, and this the first time of its being read," 
 and returns it to the Clerk. 
 
 A motion is then made for its second reading, generally 
 specifying the day. After the second reading has been 
 ordered, the motion for printing it is usually made. But if 
 it be intended to move for the appointment of a day for its 
 second reading or any further order relating to the Bill, 
 this latter order should be first made ; for the order for 
 printing the bill is supposed to take it from the table, and 
 consequently removes it from the House {v). 
 
 If the Bill requires the consent of the Crown, it should 
 be signified immediately after its presentation, and before 
 the first reading {to). 
 
 A Bill cannot be amended at the first reading [x). And 
 nothing ought to be debated but the principle of the bill. 
 When a debate does arise then, which seldom happens, it 
 is with a view to its rejection. 
 
 Between the first and second reading of bills no parti- 
 cular interval is required ; but they ought not to be read 
 
 the Member presents the result at the Bar ; as in the cases of presenting the 
 Report from the Committee on a Petition, of presenting a Bill, and of presenting 
 the Report from the Committee on the Bill. 
 Second & third When the House is in possession of the matter, and the Member moves any 
 readings of Bills, ulterior proceeding in reference to such matter, the motion may be made at the 
 consideration of ^^jj^ . ^^ j^ t|,p ^^^^g of the second and third reading of Bills, of the further Con- 
 or s amen - j,ije,atJon of reports from Committees on Private Bills of the second class (viz: 
 Railways, Canals, &c. which are required by the Standing Orders to be twice 
 considered by the House, at an interval of seven days) ; and of the agreeing to 
 the Lords' Amendments. 
 
 lueuts, &c. 
 
 (u) Bra. 85. 
 (t) 6 Grey, ^186. 
 
 (le) C. J. 25 Fob. 1813; Woolmer Foreit. 
 
ON PUBLIC BILLS. 
 
 167 
 
 twice the same day* (y) in common cases, and on no ac- 
 count in cases of money bills. If no time be appointed, 
 the second reading must be called up on motion. 
 
 If there be no House on the day appointed for the 
 second reading, it may come on the next day without any 
 fresh notice. 
 
 The bill is laid on the table of the House on the day Second Reading. 
 appointed for its second reading. 
 
 The member then moves that it be lead a second time. 
 It is then handed by the Clerk to the Speaker who, rising 
 uncovered, reads the title as before, and puts the question 
 for the second reading. The Clerk then reads a few lines 
 of the bill pro forma, after which the Speaker, as on the first 
 reading, opens the substance of the bill from his brief, and 
 declares that "these are the contents of the bjll, and this 
 " is the second time of its being read." Before which de- 
 claration, no member should offer to speak to it, ** then," 
 says Hake well [z) " it is the fit time to speak." But if When is the time 
 the bill has been sent from the other House, as it always ***' 
 comes ingrossed, the Speaker states that the question is 
 whether it shall be read a third time, and before he has 
 so reported the state of the bill, no one can speak to it («). 
 
 Nothing can intervene between any of the readings and ^° 
 the opening of the bill by the Speaker, unless upon the 
 second and third readings, when it is the proper time to 
 hear the parties against the bill, by themselves or Counsel. 
 
 Counsel heard 
 ainst the Rill, 
 
 (y) Hakew. 143. 
 (a) Hakew. HC. 
 
 (*) Hnkew. 143. 
 
 * No Bill can bo read twice on the same day in this Loifislaturo, by a Rule of 
 each liousL*. By a Standing Order of the House of Lords, not only must not 
 Bills be rcuJ twice the same day ; but no Committee of the Whole may proceed 
 on a Bill the sumo day it is committed; and no Report can be received from any 
 such Committee on the same day that tiicy have sat (if any amendments have 
 been made to the Bill by the Committee) ; and no Bill may be read a third time 
 the same day it is reported from the Committee (L. J. 28 June, 1715). Aiidby 
 another Standing Order of the 20 May, 1801, the Speaker may not, in any case, 
 put % question contrary to a Standing Order of the House. 
 
IGQ 
 
 ON PUBLIC BlLLg. 
 
 Bill opon to the 
 eeiise of the 
 House ut all 
 stages. 
 
 Aud to Amciiri- 
 meiits, whether 
 previously re- 
 jected or uot. 
 
 Commitment. 
 
 To Select Com- 
 mittees. 
 
 Objections to the provisions of the bill are more proper- 
 ly urged in Committee. 
 
 If the opposition succeed, the bill must be dropt for 
 that session. If any amendments are made and lost or 
 carried, opportunities will recur in a subsequent stage, of 
 again taking the sense of the House upon them ; or any 
 clause that has been inserted in one stage of a bill 
 may be omitted in another, for every stage submits the 
 whole, and every part of the bill, to the judgment of the 
 House. It has, however, been made a matter of doubt, 
 (but not very consistently) whether a clause that has been 
 left out in one stage, or any thing that had been before 
 refused to be admitted, could be again offered to the 
 House in any subsequent stage of the bill. The rule 
 obviously should be the same, whether the amendments 
 first offered were carried or lost ; and the true doctrine 
 appears to be — that, in every stage of the bill, every part 
 of it is open to amendments of all kinds, whether the same 
 amendment has been, in a former stage, accepted or rejected. 
 But there is an obvious difference between a rejected 
 amendment and a rejected bill, the one may be reconsidered, 
 though the other cannot be reproduced, in the same ses- 
 sion, see post. As to rejected Bill not to be renewed iti 
 the same Session. 
 
 Immediately after the second reading, the bill is by 
 motion, referred to Committee. Sometimes the commit- 
 ment is upon the first reading, and sometimes there is no 
 commitment at all. In matters of small importance it is to 
 a select Committee appointed by the House ; upon a bill 
 of consequence, or upon matters of supply, the House 
 resolves itself into a Committee of the whole. 
 
 In the appointment of a select committee, any member 
 may name a person, and the Clerk is to write him down as 
 one of the Committee, if no objection be taken against him. 
 But the House has a controlling power over the names 
 and number, if a queistion be moved against any one— an^ 
 
ON I'UBLIC BlLLii. 
 
 IGO 
 
 may, in any case, put in and put out ^-horn they please. ^" "'""""° "^' 
 Those who take exceptions to some particulars of the bill ^Von'iu^Si'iUt 
 are to be of the Committee ; but none who speak directly *'"'^»»""""- 
 against it. For he that would totally destroy, will not 
 amend it {b), or, as is said (f), the child is not to be put to 
 the nurse that cares not for it. It is therefore a constant 
 rule " that no man is to be employed in any matter who 
 *' has declared himself against it." And when any mem- 
 ber against the bill hears himself named of its Committee, 
 he ought to ask to be excused. Thus March 7, IGOG. Mr. 
 Had ley w^as, on the question put, excused fioni being of 
 the Committee, declaring himself to be against the matter 
 itself (tZ)» 
 
 The Clerk may deliver the bill to any member of the 
 Committee (f). But is usual to deliver it to him who is 
 first named. 
 
 In some cases the House has ordered the Committee to When ami wimro 
 
 Coiiimiltuc may 
 
 withdraw immediately into the Committee room, and act meet. 
 on, and bring back the bill during the sitting of the 
 House (y*). 
 
 A Committee meets when and where they please if the 
 House has not determined the place for them. But 
 they can only act when together, and not by separate con- 
 sultation and consent, nothing being the report of the 
 Committee but what has been agreed to in Committee 
 actually assembled. 
 
 If no quorum be appointed for the Committee by the Quorum. 
 House, a majority of the members is required to consti- 
 tute one {g). 
 
 Any member of the House may be present at any None hut its 
 
 , V. • 1 11 -1 Members to vote. 
 
 select Committee, but cannot vote ; and he must give place 
 to all of the Committee, and sit below them (A). 
 
 (b) D'Ewes, C34, col. 2 ; Scob.47. 
 
 (d) Scob. 46. 
 
 (f) Scob. 48. 
 
 (h) Elsy.l2; Scob. 4J). 
 
 (c) C Grey, .373. 
 (e) Town. Col. 133. 
 (g) Elsy. 11. 
 
170 
 
 OS PUBLIC BILLS. 
 
 Co mmitm ent. The Committee have lull power over the bill, or other 
 Rules of pro- papers committed to them, except that they cannot change 
 
 initteei, whether the tltlo Or SubjOCt (/). 
 select or of the «' » ' 
 
 whole House. The paper bclore the Committee, whether select, or of 
 
 the whole House, may be a bill, resolutions, draught of an 
 address, &c. or it may either originate with them, or bo 
 referred to them. In every case, the whole paper is read 
 first by the Clerk, and then by the Chairman, by para- 
 graph (k), pausing at the end of each paragraph, and put- 
 ting amendments, if proposed. In the case of Resolu- 
 tions on distinct subjects, originating in the Committee, a 
 question is put on each separately, as amended or una- 
 mended, and not a final question on the whole {I). Ex- 
 cept they relate to the same subject, when a question may 
 be put on the whole. If it be a bill, draught of an address, 
 or other paper originating with them, they proceed by 
 paragraphs, putting questions for amending, if proposed ; 
 but no question for agreeing to the paragraphs separately. 
 This is reserved to the close, when a question is put on 
 the whole, for agreeintj to it as amended, or unamended. 
 But if it be a paper referred to them, they proceed to put 
 questions of amendment if proposed, but no final question 
 on the whole : because all parts of the paper having been 
 adopted by the House, stand of course, unless altered or 
 struck out by a vote. Even if the Committee are opposed 
 to the whole paper, and think it cannot be made good by 
 amendments, they cannot reject it, but must report it back 
 to the House as it stands, and there make their opposition. 
 The natural order in considering and amending any paper, 
 is to begin at the beginning, and proceed through it by 
 paragraphs : filling up the blanks, and making amend- 
 ments in the order in which they occur {m); and this 
 order is so strictly adhered to in Parliament, that when a 
 
 They cannot 
 reject u Bill. 
 
 Order and man- 
 ner of making 
 Amcndment8. 
 
 (i) 8 Grey, 228. 
 (I) 3Hatb.276. 
 
 (k) Sci.u. 49. 
 (m) Bra. 105. 
 
ON PUBLIC nr.i.s. 
 
 171 
 
 latter part has been amended, you cannot revert back, Co mmitm eut. 
 and make any alterations in a former part («). 
 
 But in making amendments, tho Committee may not 
 erase, interline, or blot the bill itself, but set ihem down 
 on a paper by themselves, as — " in such a folio, and such 
 *' a line, between such and such words, or after such a 
 •' word, insert or omit tliesc words.''* Every additional 
 clause intended to be proposed should be written on a 
 separate sheet of paper, properly endorsed and ticketed (o). 
 
 To this natural order of beginning at tlie beginning, 
 there is a single exception found in parliamenlary usage, 
 and that is, — when a bill is taken up in Committee, or on 
 its second reading, the irrcamUc should be postponed, till 
 the other parts of the bill have been gone through. The 
 reason is, that such amendments may be made to tlie body 
 of the bill, as may also require the alteration of the 
 preamble (^>). 
 
 In the progress of amending the bill, any of the clauses, postponioff 
 before they have been amended (but not afterwards) may 
 be postponed. 
 
 When the bill has been gone through, the new clauses New Clauses, 
 are next to be offered, after which the postponed clauses, 
 if any, should be resumed in the order in which they stand 
 in the bill* 
 
 Committees can admit no provisions which do not come instructions to 
 within the scope of the title of the Bill or other matter. 
 If any such provisions are intended to be added, instruc- 
 tions for that purpose must be obtained from the House. 
 For examples of such instructions, see General Index to 
 Commons Journals, 1820, p. 597. 
 
 A Select Committee may adjourn to another day, but HnicctCommitteo 
 the House has power, if they think proper, to order that 
 the Committee meet on a previous day. This is done 
 
 
 Cn; 2 Hats. 90. 
 
 O) Scob. 50 ; 7 Grey, 431. 
 
 {0) Lex Pari. 333. Ura. 113. 
 
172 
 
 ON runrjc niLi.s. 
 
 ro mmitinn nt. ^j,(j„ jj jg tliouglit tliat tliu Commitlco had aJjourned for 
 puch a lime as would prevent its reporting during the 
 
 r. •.. f.u. .Session (v). 
 
 vvhoi.. inu-t r... ^ Cominiltee of tlio Whole cannot adjourn, but if the 
 matter under their consideration cannot be finished at ono 
 silling, llicy may, upon (jucstion, rise and report to the 
 House that they have made some progress in the bill, &c. 
 
 R o t of Srirri ^"^ ^^^ Icavo to sit again, on some specified day. 
 
 to be proved, it is usual to refer it previously to a Select 
 
 (•ominiiir.-, ir- jf j|jg preamble of a Public Bill reiiuire, from its nature, 
 
 tiTrt'd t<i (0111- * 1 » » 
 
 tiiittco of llic 
 
 Whole. 
 
 Committee, to examine witnesses upon the subject, and 
 their report is r.furred to the Committee of the whole (r), 
 
 Tlicrommittrp'j i • /-1 • • 
 
 vote t aiiii.n Ik- Whcn a votc has once passed m a Committee, it cannot 
 
 altort'il liy tliciii- 
 
 BClVL'S. 
 
 Ilpport. 
 
 be altered but by the House, their votes being binding od 
 themselves (*). 
 
 When the matter referred to them has been gone 
 through, a Member moves liiut the Committee rise .ind 
 report the papers (or bill) to the House, with or without 
 amendments, as the case may be [t). 
 
 This being agreed to, the Chairman (,f tlie Committee 
 (or one of its Members) informs the House, that tiie Com- 
 mittee to whom was referred such a liill, have, according 
 to order, considered the same, and have diivcted him to 
 report it, with or without amciidinenls (as the case may 
 be), which he is ready to do when the House pleases to 
 receive it. And he, or any other Member, may move that 
 it be now received. But the cry of " Now, now," from 
 the House, or even its silence, generally dispenses with 
 the formality of this motion. Though the House may, 
 and frequently does, order it to be received on some future 
 specified day. 
 
 The Chairman or other member reporting them, reads 
 the amendments with the coherence in the bill, and opens 
 
 (q) C. i. V. 60, p. 305. 
 (s) C.J. 4 Juuc, 1007. 
 
 (r) 7, 27 & 28 April, 1812. Parkhouse ForcsU 
 (t) Scob. 53 
 
ON rURMC nii.Ls. 
 
 17.'{ 
 
 CoiiiinitnuMil. 
 
 tlio akorations, and the reasons of llio Committeo tor 
 makincf ihorn. IIo tlien tlollvors it at tho Clerk's table, 
 wliorc the umendmciils are again read by ihu Clerk, with- 
 out tlii> colieicnce ; and the papers lie on the tabic rill tho 
 HoLiSf, iif its convenience, shall take up tho report (w). 
 
 The report being made, the Committee is dissolved, and Cominiuc i^i 
 can act no more without a new power. But it may be Imh mnv be 
 revived by a vote, and the same matter be re-committed to 
 it (x). 8oc further as to Committees, Chap. XII. On 
 Co'.iofn'fh'cs, 
 
 The Mouse may agree or disagree with the amendments; Pr...r.(>Mig« on 
 and sotnetiincs when the Committee's amendments have "'''""' 
 been ^o^o through, tho House adds new ones. But tho 
 House will not inflict or increase a penalty, or enlarge 
 times or dates, appointed by the bill, (though it will 
 occasionally shorten the dates, and lessen the penalties), 
 or make any material alterations without re-committing 
 the bill. 
 
 The proper course to pursue, in case of any considera- Rn-commitmtnt, 
 
 1,1.. p 1 ..,,,. , when allowable. 
 
 Die deviation Irom the original plan liaving become neces. 
 sary, is, to have the bill reported; and on the member 
 who makes the report [y) informing the House that it will 
 be necessary to make some further alterations, the bill 
 w^ill be re-committed, with powers for that purpose. So 
 if the House be not perfectly satisfied with the report, or 
 is desirous of receiving fuller information, the bill or part 
 of it, will be re-committed, that the nature and expediency 
 of the measure may be more attentively considered. 
 
 The re-commitment is usually {z) to the same commit- 
 tee, but not invariably. 
 
 A Bill should not be re-committed except for some 
 good and sufficient reason for the same, as, that the amend- 
 ments to be moved on the report are very numerous, or of 
 such a nature as require them lo originate in Committee. 
 
 (w) Hakew. 148. (z) 4 Grey, 3G1. 
 
 (z) Marshaisca Case, 23 April IGOG, :iiid C. J. pa«eiiii. 
 
 (I/) LIlis, 1'4. 
 
171 
 
 ON PUBMC BILLS. 
 
 Rc-conimitmcnt. 
 
 Effoctof Ro- 
 comiuituicut. 
 
 A Clnnso mny be 
 re-coinjiiitteJ. 
 
 No limit to 
 ru-committ.il. 
 
 As to rc-commit- 
 nient of eci-taiii 
 kinds of bills. 
 
 Billti trniisinittnd 
 from Olio Com- 
 mittee touuothur. 
 
 When quo.stion 
 for ro-comniittal 
 to be i)ut. 
 
 If a Report be ro-comrnltted before it has been agreed 
 to by the House, what has passed in tlie first Committee 
 is of no validity, the whole question being again before the 
 House, and a new resolution must bo again moved as if 
 nothing had passed {a). 
 
 A particular clause of a bill may be re-commltted with- 
 out the whole bill; or so much of a paper to one, and so 
 much to another Committee ; or the committal may bo 
 limited to the proposed amendments (Z»). 
 
 A Bill may be again and again committed. The Clergy 
 Residence Bill was re-committed seven times {*:). 
 
 Some particular kinds of bills, such as those which 
 affect the estates {d) or revenues of the Crown (t), and are 
 of a local and personal as well as public nature, and 
 require evidence to be produced (/*), or a detailed examln' 
 ation (g), are first committed to a select Committee, and 
 subsequently the bill and report arc re-committed to a 
 Committee of the Whole. And others from a Committee 
 of the Whole to a Select Committee. Also, bills have 
 been transmitted from a Committee of the Whole to a 
 Select Committee without any report having been made 
 from the first Committee (h). 
 
 The question of rc-commlttal cannot be put till after the 
 report has been made and brought uj) ; and it is generally, 
 though not invariably, moved before any of the amend- 
 ments are agreed to. A bill cannot be re-committed after 
 it has been ordered to be ingrossed, but a new clause 
 proposed to be added, may be referred to a Committee of 
 the Whole. 
 
 (a) 3 Hats. 131. (b) C. J. 25 June, 1804 ; Slave Trail.!. 
 
 (c) C. J. V. 69, pp. 420, 444, 460, see also the Stage Coaches' Bill, rc-comniitted 
 six limeti. C. J. v. C5, pp. 384, 396, 420. 
 
 (d) C. J. V. 66, p. 379, Sulliard's Estate, (e) C. J. v. 70, p. 347 ; Pct-Oflicc. 
 (f) C. J. V. 58, p. 599 ; Windsor Forest, (g) C. J. v. 66, p. 344 ; Highways. 
 (h) C. J, V. 56, p. 395, Ncedwood Forest. C. J. v. 57, p. U18, Plymouth Em. 
 
 bdukmcii.. 
 
•% 
 
 ox PUBLIC BILLS. 
 
 lO 
 
 "When the rei)ort of a Committee is taken up by the '''•''f'''^<'iiigboii 
 
 ' . . Krpoit. 
 
 House, they procooj exactly as in Committee. Here, as 
 in Committee whore the paragraphs have, on distinct 
 questions, been agreed to seriatim (/), no question need 
 be put on the whole report (/.:). 
 
 On taking up a bill reported with amendments, the ifwitiiaiucnJ- 
 amendments only are read by the Clerk. The Speaker 
 then reads the first, and puts it to the question, and so on 
 till the whole are adopted or rejected before any other 
 amendment can be admitted, except it be an amendment 
 to an amendment. Having gone through the Committee's 
 amendments, the Speaker pauses, and gives time for 
 others to be proposed in the House, to the body of the 
 bill : as he does also if it be reported without amendment, 
 puttinsf no ai^estions but on amendments proposed. When „ . , 
 
 i o - f ' Qiirsiion for 
 
 gone through the whole he puts the question, Whether Third Ucadin?. 
 the bill shall be ingrossed (that is, written in black letter), 
 and read a third time 1 
 
 But if, after the bill has had its second reading, no auostjon for 
 motion be made tor its committal, the opeaker reads it by iftiie inii has not 
 
 ... 11- • hccii committed. 
 
 paragraphs, pausing between each, but putting no question 
 but on amendments proposed ; and when gone through 
 the whole, he puts the question for the third reading, if it 
 came from the other House — or, if originally with them- 
 selves. Whether it shall be ingrossed and read a third time ? 
 The Speaker reads sitting, but rises uncovered, to put 
 questions. The Clerk stands while he reads. 
 
 The Bill being now as perfect as its friends can make This is the pro- 
 it, this is the proper stage for those opposed to it to make opposc'ihcLii. 
 their first attack. 
 
 All earlier attempts are with disjointed efforts, because 
 many who do not expect to be in favour of the bill ulti- 
 mately, are willing to let it proceed to its perfect state, 
 
 (t) 5 Grey, 366 ; S Grey, 47, 104, 360. 
 (A) 5Grcy,3:>l. 
 
176 
 
 ON PUBLIC BILLS. 
 
 Fl-^^l 
 
 Ingrossing. 
 
 that they may take time to examine it, and hear the argu- 
 ments in its favour, knowing that, after all, thort; will be 
 sufficient opportunities for giving it their veto. I's two 
 last stages, viz : on the question for its tliiid i(';i(1in_;. and 
 for its passing, are reserved for this. Tl^e fifsi is u-nally 
 the most interesting contest, because the wliole snl^jecl is 
 then more new and engaging, and the minds of Members 
 not having yet been fully declared upon it, the issue is 
 more doubtful. In this stage, therefore, is the inain tnal 
 of strength between its friends and its opponents. And if 
 it be not decisively acted upon then, accident or misma- 
 nagement may, and sometiipes do, prevent a successful 
 rallying on the next and last question, whether it shall 
 pass 1 
 
 When the Bill is ingrossed preparatory to its third read- 
 ing, the title must be endorsed upon the back, and not 
 •within the bill (1) ; and the ingrossing must be upon 
 parchment, otherwise the bill will not be received (m). 
 A bill reported and passed to the third reading, cannot 
 twice m one day, ^^ ^^iq same day be read a third time and passed ; because 
 this would be two readings in one day. 
 
 After the mcdon for the third reading of the bill, the 
 clerk, standing up, reads the title of the House bill, and 
 then delivers the bill to the Speaker, who, rising, again 
 reads the title, and puts the question " That this bill be nov/ 
 read the third time." The Clerk then read.i a few lines of 
 the ingrossed bill fro forma. The Speaker again opens to 
 the House the substance of the bill from his breviate, and 
 states, that these are its contents, and this the third time of 
 its being read. 
 Not to be com- A bill should not regularly bo committed on the third 
 Madlug-^xcept- reading. It is, however, sometimes permitted, to receive 
 some particular clause or proviso. Thus in the 27 Eliz. 
 
 Not t> be read 
 
 Third Reading. 
 
 (0 Hakcw. 250. 
 
 (m) C. J. 2C May, 1C21. 
 
"% 
 
 ON PUBLIC BILLS. 
 
 177 
 
 1584, a bill was committed on the tliiid reading ; having 
 been previously committed on the second; but it was de- 
 clared unusual {?i). 
 
 When an essential provision has been omitted, rather RyJcr 
 than erase the bill, and render it suspicious, a clause is 
 added on a separate piece of parchment, ingrossed and 
 called a ryder, which is read and put to the question three 
 times (o). Every one is at liberty to offer a ryder without 
 having given previous notice, or asking leave to do so (7?). 
 But they should be offered before any amendments are y^-^^^ to be 
 made to the bill. 
 
 offered. 
 
 The manner of offering them is as follows : Each clause Mannprofadciing 
 must be separately mgrossed on parchment, with such 
 blanks as it v/'ould have had if il. had been originally part 
 of the bill presented to the House. But each. clause must 
 be offered as a cistinct ryder, and should be made as 
 simple and concise as possible, there being no limit to the 
 number of ryders that may be offered (q), and if they con- 
 tain multifarious matter, they are more liable to be rejected. 
 
 The Member then opens, in his place, the substance of 
 the clause, and then moves " That this clause be brought 
 " up ;" — " That this clause be read the fiict tinio ;" — 
 " That this clause be read the second time." After the 
 clause has been twice read by the clerk, it is then opened 
 by the Speaker ; and then, if necessary, amendments are 
 made by the ingrossing clerk at the table. The questions 
 are then put " That this clause be read the third time ;" 
 *' That this clause be added to the bill by way of ryder" (r)^ 
 
 If the ryder impose or increase any toll or duties, or When the ryder 
 contain any other matter, which by the rules of the House mined, 
 should be in blank, it must be offered with the same in 
 blank, and, after the second reading, be referred to a com- 
 
 (n) D'Ewes, 414, col. 2; and sec Hukcw. 156. 
 
 (o) Elsy,59; C Grey, 335. (p) inGr«>y, 52. 
 
 (/?) C. J. V. 57, pp. 532, 533 ; Militin Bill. 
 
 (r) C, J. T Dec. 1795 ; C'raud Junction Caual, 
 
 
 I 
 
178 
 
 ON PUBLIC BILLS. 
 
 Seldom allowed. 
 
 mittee of the whole, to fill up the same («). In any other 
 case it should not, regularly, bo committed (t). 
 
 But, in the case of a bill from the other House, the 
 clause is agreed to by the House to be made part of the 
 bill, and not to be added thereto (v). 
 Amondmonts to Then any amendments which are intended to be offered 
 
 the, third ritudiiisf , ,, , , s , /. , i C 
 
 «rtiiei)iii. should be proposed (?t;). It these amendments are ot 
 
 such a nature as to require the consent of the parties, as to 
 namo a Commisbioiier in an I.nclosure Bill, or a Trustee 
 in an Estate Bill, the Member moving informs the House 
 that some persons are at the door, who can prove the con- 
 sent of the parties inlercsled, they are then called in and 
 examined, after which the clauses are added, or the 
 amendments made {x). 
 
 It is, however, with great, and almost invincible reluc- 
 tance, that amendments are admitted at this reading which 
 occasion erasures or interlineations of the bill. Some- 
 times a proviso has been cut off from a bill, sometimes 
 erased (y). But in all amendments it is laid down as a 
 general rule that they should have as many readings as 
 the bill, whether originating in the one House, or sent 
 down from the other (c): thus at the second reading, 
 amendments are twice read, and at the third, three times. 
 
 Sometimes the further proceedings upon the third read- 
 ing are adjourned till a future day, to give opportunity of 
 preparing further amendments («), or for the general con- 
 venience of the House (i). 
 
 If upon the third reading, an order has been made for 
 
 (s) C. J. 17 May, 1809 ; Gateshead Incl. 13 fliay, 1814 ; llidderstono Incl. 1" 
 July, 1786; Tobacco duties. 
 (0 Scob. 9. 
 
 («) C. J. 14 &. 19 Juno, 1811 ; Lovcden's Divorce. 
 (tc) C. J. 7 Dec. 1795; Grand Juration Canal. 
 (x) C. J. V. 54, p. 515. (y) 9 Grey, 51J. 
 
 (0 Town. Col. 23-28. 
 
 (a) C. J. 4 May, 1801 ; West. Ircl. 20 Juus, 1814 } Oinb. Cb. 
 (6) C. J. V. 73, p. 129. 
 
 Must be read as 
 many times as 
 the bill. 
 
 Proceedings on 
 Third Reading- 
 adjourned. 
 
 ii^l!l; 
 
0\ PUBLIC BILLS. 
 
 179 
 
 allowinof Petitioners aefainst a bill to be heard by them- Counsel hoard 
 
 ° ° , _ "^ ngaiiisl tlie bill. 
 
 selves or counsel, the coursecf proceedings is as follows : — 
 Immccliately after the order for the third reading the 
 Counsel against the bill are called in. And, after a few 
 lines of the ingrossed bill have been read by the Clerk 
 'pro forma f and the petition praying to be heard against it, 
 the petitioners are heard, and then they withdraw (c). 
 
 43 Eliz. IGOl. — There wei'e divers disputes about a 
 bill, in the course of which one member took the bill to ^MMo'^sod hiu*"'^ 
 look at a word in it, after he had done and laid it ou the i'.ilve'u'. "" "'"^ 
 board, another said, *' Mr. Speaker, after a bill is ingross- 
 " ed, you ought to hold it in your hand, and let no man 
 " look at it ;" which was confessed by all, and so the 
 Speaker took it (<Z}. 
 
 This is the proper stage for filling up blanks, for if filled 
 up before, and now altered by erasure, it would be pecu- p...j^ ,in blanks 
 llarly unsafe. For the rules to be observed in filling up 
 blanks of a pecuniary nature, see Chap. IX. On Money 
 Bills. 
 
 On tic third reading, both the principle and provis- poti, principle 
 ions of the bill may be debated, the former, on the question may'be'dchated 
 for the third reading, and the latter, on a motion for an |*"j,, "" *''"" 
 amendment ; though the most proper place for discussing 
 amendments is in committee. 
 
 It has been before shown (see ante p. 168) that in every 
 st'ige of the bill, after the second reading, each part is 
 open to amendments of all kinds, whether they have in 
 a former staije, been accepted or rejected (c). If, how- 
 
 f ' ' y J 1 Billwidulrawn 
 
 ever, u'om the number or nature ot the proposed amend- an«i new ouo 
 
 , __ ... 1 • ^ 1 • 1 • prtistuted. 
 
 ments, the House will not admit ot them in this stage, 
 it has sometimes been permitted to withdraw the bill, and 
 present a new one, upon which the proceedings are com 
 menced afresh [f). 
 
 I 
 
 (c) C. J. 27 June, 1805; riimu^gling. 
 Vf) Slltttt. 135. 
 
 (f/) Town. fol. 'J(19. 
 (/; (V.I -Jv; June, 1(^14; Omb.Cli. 
 
iii :v 
 
 l-.i . 
 
 i 
 
 >il 
 
 180 
 
 ON PUBLIC niLLS. 
 
 Passage. 
 
 Preccriont oi" 
 Amciulnieiit after 
 
 pussiug. 
 
 Title. 
 
 Bill endorsnd 
 and sent to the 
 otiicr House. 
 
 Rills sent to the 
 other lluusc. 
 
 Order in prc- 
 scutin^ billii. 
 
 When the debate on the third readlnsf is finished, the 
 Speaker, still holding the bill in his hand, puts the ques- 
 tion, ** That this bill do pass." 
 
 To prevent bills from being passed by surprise, the 
 House by a standing order directs that they shall not be 
 put on their passage before a fixed hour, naming one at 
 which the House is usually full {g). 
 
 After a bill has passed there can be no further alteration 
 of it in any point (h). But Hakevvill notices (/) a rare 
 precedent, in which, "some apparent mistakings, either by 
 "false writing or otherwise," having been discovered, a 
 bill was amended the following day, the amendment being 
 read three times and the bill again put to the question. 
 
 After the bill has passed, and not before, the title may 
 be amended, and is to be fixed by a question, and the bill 
 is then endorsed, and sent to the other House. 
 
 If the bill has originated in the House of Commons, it 
 is then thus endorsed by the Clerk. " Soit haillc mix 
 "Seigneurs.'* (Let it be sent to the Lords). But if it be 
 a bill that has been sent from the other House, these words 
 are then written on it, *'Les Communes ont assentez.'* 
 (The Commons have assented). If it be in the Lords, the 
 endorsement runs, " Soit haillc mix Communes.** (Let it 
 be sent to the Commons.) 
 
 When a member has been appointed to carry up the 
 bill, and he discover that the Lords are not sitting, he 
 should return the bill to the Clerk, and on the next day 
 again proceed up with the bill. But if the Member be 
 unavoidably absent on that day, the House may appoint 
 some other Member for that purpose (A). 
 
 In sending bills from the Commons, by message, such 
 as have come down from the Lords, are presented before 
 any bills which have originated in the Commons, next to 
 
 (4') Ilakow. 153. 
 (0 Ilakew. 159. 
 
 (A) Hakew. 159. 
 
 (A-) C. J. CMar. 1797. 
 
 Proir, Note Bill. 
 
ON PUBLIC BILLS. 
 
 181 
 
 those tlio public, and lastly the private bills of that 
 House (/). See farther in Chap. XIV., On Messages 
 {hetwieii the two Houses.) 
 
 The precise duration of every new temporary law is to 
 be expressed in the title of the bill, and also in a distinct 
 clause at the end of the bill and no where else {m). But 
 that part of the order as to the title is not strictly observed. 
 
 The rules and orders of the House, as to bills, are es- 
 tablished for the sake of method, order and regularity 
 whilst they are under deliberation. Although they serve 
 as regulations to the House, in the course of their own 
 proceedings, yet they are liable to be waved and dispens- 
 ed with; and the instant the House has resolved that the 
 bill shall pass, all the rules and orders are virtually waved 
 and dispensed wiili. If in the course of the proceedings 
 on the bill, any of the rules or orders of either House have 
 been violated, the validity of the act is not affected there- 
 by, provided the record be right (»). 
 
 In Parliament a question once carried, or a bill passed, 
 cannot be questioned again the same session, but must 
 stand as the judgment of the House (o). It is also an 
 undoubted rule that no new bill can be brought in of the 
 same matter and argument as one that has been previously 
 rejected in that session (^;). It was upon this just princi- 
 ple of Parliamentary law, which has never been question- 
 ed, that it was thought necessary to make the short proro- 
 gations in 1689 {q), 1707 (/ j, and 1721 {s), that impor- 
 tant bills, which peculiar circumstances had caused to be 
 
 (i) C. J. 18 April 1004. (m) S. O. H. of C. 17 Nov. 1'.97. 
 
 (n) Booih's M.S. S. Opinion, in Bra. 29. 
 
 (o) Town. Col. G7. (p) Hukfw. 158 ; 6 Grey, 392. 
 
 (q) I'lorogucd from 21 to 23 Oct. 1689, to admit of the bill for declaring the 
 Rjg/:is of the Suliject, &c. thrown out from disagreement as to an amendment — 
 being renewed. 
 
 (r) Prorogued from 8 to 14 April, 1707, that the Bill for Importation of foreign 
 commodities into Scotland, thrown out in the Lords, might be revived. 
 
 (») Prorogued from 29th to 31st July, 1721, to enable the Commons to pass 
 resolutions contrary to some clau.sci in the South Sea Company's Act. 
 
 7. 
 
 Duration of tem- 
 porary law, 
 where to be put. 
 
 RuloB may bn 
 difpiMised with, 
 without afliTting 
 the validity of 
 the Act. 
 
 A Bill cannot be 
 repealed the 
 same Session. 
 
 Neither can a 
 Hill be again 
 brought in that 
 has once been 
 rejected. 
 
182 
 
 ON PUBLIC BILLS. 
 
 To what ccsps 
 tliKsn rules <lu 
 iiot extend. 
 
 rejected during the session, might be passed without vio- 
 lating so important a rule.* 
 
 But these rules, wliich should be observed with the great- 
 est strictness, do not extend to the following cases. They 
 have been held not to prevent the passing bills for extend- 
 ing [t] the time for executing the provisions of former 
 acts of the same session, neither does it extend to prevent 
 putting the same question in different stages of the bill [u) ; 
 or, to prevent an act being repealed which contains a clause 
 "that this act may be altered, varied, or repealed by any act 
 "oractL passed in this present session of Parliament" {v). 
 And if a bill be passed in one House and lost in the other, 
 a new bill may be brought in by the refusing House {w) j 
 and if, instead of rejecting the bill, they read it once, and 
 lay it aside, amend it, or put it off* for a time, they may 
 order in another to the same effect (.r), and if a bill be 
 committed in either House, the Committee may, if they 
 think fit, bring in a new bill for the same purpose (i/). 
 And in the Lords' Journals, 25 May, 1689, it is said to 
 be the common course of Parliament, to pass explanatory 
 acts if anything has been omitted or ill expressed in any 
 other act passed in the same session. 
 
 And where a bill has been lost by any accident in either 
 House, a second bill is brought in, upon which the same 
 proceedings must be had as upon the original bill, except- 
 ing that the routine is hurried through until it arrives at 
 the point at which the lost bill terminated (z). 
 
 And where a bill has been thrown out by the Lords, a 
 second one is sometimes passed by the Commons in the 
 
 (O C. J. 21 June, 1757. (u) C. J. 29 March, 17C5. 
 
 (v) As 5 Will. IV. oh. 8, which was ufterwurii.s repealed by ch. 62. 
 
 (ic) 3 Hats. 161. (y) C. J. 28 July, 1836. Dwar. 146, 147. 
 
 (X) Hakw. 97, 93. (z) C. J. 25 3Iuy 1786. 
 
 * Vide reasons entered in 33 vol. C. J. p. 726, for permitting a bill to be brought 
 in the same session, concerning matters for which they had before passed a bill 
 which was rejected by the Lords. See also a protest entered on the Lords' Jour- 
 nals V. 15, p. 90, against the passing of this second bill. 
 
1 
 
 ON rUBLlC nil.LS. 
 
 IS 3 
 
 same session, anJ sent up to the Lords, but so modified as 
 to remove tlieir objections ; and for that purpose a Com- 
 laittee is apjiointed to inspect tlie Lords' Journals for the 
 fate of the bill, upon tlie report of this Committee leave 
 i;> pfiven to biing in another for tlie same purpose (a). 
 
 In the year 1S13, and in several other instances since 
 that time, Committees have been appointed to search lor 
 the fate of bills, and upon the report of their having been 
 put ofl' for the session, leave has been given to bring in 
 other bills to the same effect. 
 
 Or a Committee on ope bill may be Instru'ctcd to re- 
 ceive a clause to rectify mistakes in another (/>). Or a 
 part of the subject may be taken up by another bill, or in 
 a different way. 
 
 Further than this the rules cannot be construed to admit '" •'" other ra«o8 
 
 tlj( y shuiild w. 
 
 of such a proceeding, but should on all occasions be ob- «"'i:">o'^-'*='*«''- 
 served, for the honour of the House, with the greatest 
 strictness, and if circumstances should recjuire that impor- 
 tant bills that have been previously lost, bo revived, the 
 session should be prorogued for one or two days. But 
 by this proceeding, all matters pending before the House, 
 are terminated. 
 
 When a bill has been passed by the Lords without i^onMoacquaiiu 
 amendment, a message should be sent to the Commons |j||j'^'""^/p''^y'^i,i|i' 
 to acquaint them therewith ; but this being merely a mat- 
 ter of ceremony, the bill is not invalidated by its omis- 
 sion (c). 
 
 When bills passed in one House and sent to the other, |,'y oa.^ liouse 
 are grounded on special tacts requirmg proofs, it is usual, oUici has patse.i 
 either by message, or at a conference, to ask the grounds '' 
 and the evidence on which they have passed it, which is 
 immediately communicated, unless it be a bill of supply, 
 when it will be refused as touching their privileges [d). 
 If the Lords make amendments to a bill, they are com- 
 
 («) C.J. ;!0 May 1815. 
 (c) Bra. 1 17. 
 
 (&) C. .1. 21 June 1 ()&.-). 
 (fc'j C. J. V. 00. pp. 1:1,4!)" 
 
ISl 
 
 ON PUBLIC BILLS. 
 
 ;:ii 
 
 Amcndmems 
 made by tho 
 Lords to nilU 
 IVom tlio Coui- 
 
 lUOIIS. 
 
 irdi«agrncd to, 
 Confftnsnco 
 should be re- 
 quested. 
 
 municated to the Commons for their concurrence, and 
 such concurrence, if given, is in the same manner commu- 
 nicated to the Lords. But if the Commons disagree to 
 the amendments, a conference is asked upon the suhjcct; 
 relative to which, see Chap. XII, On Committees [etf Con- 
 ference). 
 
 But when from inattention to the forms ostablisV.cd upon 
 this occasion between both Houses, either Ko.se has sent 
 a message that they disagree to aniendrnouts and has mt 
 requested a conference to assign their reasons for such dis- 
 agreement, the Bill has been re-delivered, '• to thi? end," 
 say the Lords (c), "that the due course of Parliament in 
 " the transmitting things of this nature may be obs-. /vod." 
 When a bill is sent down amended, the amendments 
 
 Considnratioii 
 
 of Lords' amend- only Can be considered, as the body of the bill has been 
 meats. •' ^ *' 
 
 previously agreed to; although, for coiivenience sake, the 
 bill is sent down with the amendments, it is properly in 
 the possession of the amending House. 
 
 Although no bill may, in either House, be read twice 
 the same day {/), and although all the forms stated in this 
 chapter should be observed, yet in cases of great import- 
 ance, where there is a necessity for speedy legislative 
 interference, Bills have been hurried througii all their 
 stages in one House {g), and even through both Houses 
 (/i), in a day. 
 
 All bills, except bills of supply, when they have passed 
 
 Bills to remain ^ , . I t J ' J r 
 
 with the Lords both Houses, remain with the Lords, to be presented for 
 
 for Royal Assent , -r, , j • • i • i i i /» i 
 
 —except. the Royal assent ; and it is a high breach of the constitu- 
 
 tion of Parliament, for that House to omit to present such 
 bills (^). With respect to bills of supply, see Chap. IX. 
 On Money Bills. 
 
 {e) L. J. 10 May. 1662, but sec 20th December, 1C80, when the Lords were 
 themselves guilty of the same irregularity. 
 (/) S. O. n. of L. 28 June, 1715. 
 
 (g) C. J. 16 May, 1794, to grant increased pay, &c., for the Navy, 1797. 
 (A) See a case that occurred iu 31 Henry VIU. mentioned in Hakcwill,p. 195. 
 (i) 8 Grey 302. 
 
 Cases of bilKs 
 bein^ hurried 
 through. 
 
ON PI-RLir BILLS. 
 
 185 
 
 The Royal assent* to a bill may be given two ways, RoyaUisent. 
 either in person, or by commission. 
 
 .1st. Injwson) in which case the King comes In state '" i'"**""- 
 to the House of Lords, and sending for the Commons to 
 the bar, the titles of all the bills that have passed both 
 Houses are read by the Clerk of the Crown or his deputy, 
 and the King's answer declared to them by the Clerk of the 
 Parliament, in Norman French. Of this Blackstono ob- 
 serves {j) " that it is a badge of conquest, and which one 
 ** could wish to see fall into total oblivion; unless it be 
 ** preserved as a solemn memento to remind us that our 
 "liberties are mortal, having once been destroyed by a 
 *' foreign force." In declaring the Royal assent to a pub- 
 lic bill, the clerk says, "Lc Roy le veult" (the King wills it ""* g'vcn. 
 so to be). If the King refuses his consent, it is in the fol- 
 lowing mild terms, "/e Roy s' avisera" (the King will ad- 
 vise upon it). The last recorded instance of the exercise ^^^^ i„stanrc of 
 of this Prerogative of the Crown, appears to have been «»« ijcmg refused. 
 on the 11th March, 1707, when Queen Anne refused her 
 assent to the bill for regulating the militia in Scotland. 
 
 2nd. By Commission. By the statute of 33 Henry By Commission. 
 VIII. ch. 21, the Sovereign is empowered to give his as- 
 sent fo bills, through commissioners appointed for that 
 
 (j) 1 Bl. Com. 184. 
 
 * By tlie 31 Geo. IIL oh. 31, s. 42, it is provided, tliut if any act be passed in f ^nj„|i„n Bills 
 
 the Canadian Legislature to amend or repeal the uet of the 14 Geo. Ill, or the which ihe Lieut. 
 
 Guveriinr is re- 
 'Uirod to reserve 
 
 Royal Instructions, or the Constitutional Act, or any of tlieir provisions respect- 
 ing the Clergy Reserves ; or any act erecting or endowing Rectories in Canada, for the Koyal 
 or respecting the regulation of the presentation of incumhents to the same, — or consideration, 
 any act that will at all effect the free enjoyment of Religious Worship, — or the 
 payment or enjoyment of any of the nccnstomed dues or rights of the Religious 
 Sects, or impose any others, — or at all affect the Church of England's estahlish- 
 nient or discipline, or the Royal Prerogative in granting the Waste Lands of the 
 Crown, such act must be res(!rved by tlii! (Jovernor for the Royal assent, which 
 cannot be given until it shall have lain on the table of each House of the Impe- 
 rial Parliament thirty days, and if either House, within that time, address Her 
 Majesty to withhold her assent from it, it shall not be given. And no such act Address to the 
 shall bo valid unless the Colonial Legislature pass an Address to the Governori Governor to 
 
 .«...., . . . , J u- . . • • transmit such 
 
 specifying that the act contains such provisions, and praying hini to transmit it ^^.j_ 
 
 to England without delay. 
 
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 33 WIST MAIN STRUT 
 
 WIBSTH.N.Y. MSSO 
 
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18(. 
 
 ON I'l lil-lt niLL.S. 
 
 Itill iudorsctl. 
 
 In Colonios. 
 <iiiviTn(ir\ us- 
 ticiit not liiiul. 
 
 Altho)if;h tlio 
 Acts hi'coiiic of 
 forco if not dis- 
 allowed. 
 
 Manner of pro- 
 cording ill the 
 Colonial Oi-jKiil. 
 incut on Ililla 
 IviKsrd ill u 
 Colony. 
 
 purpose, \)y loiters patent, under the great seal, signed by 
 his o\vn iiand. 
 
 A commission cannot be legally granted to give the 
 Royal assent to any acts not consented to by both Houses 
 at the date of such commission*. For llie commission re- 
 cites, that the King hath seen and jifcrfocily understood 
 an act agreed upon by both Houses, and indorsed by 
 themselves as accustomed (/.). 
 
 The bill is then indorsed by the clerk of the Parliament, 
 immediately under the title, with the date on which the 
 Koyal assent was given ; and from that date it must take 
 its commencement, if some other time is not stated in the 
 bill {I). 
 
 But with respect to Colonies and Plantations the prac- 
 tice is somewhat difVerent. Although the Governor as the 
 representative of Majesty, has the power of giving the 
 Iloyal assent to bills, it is not in reality conclusive, the 
 King, as a fourth estate, having a second veto, (;;?). 
 
 Acts, however, passed in a colony, without a clause 
 suspending their operation until llur Majesty's plea- 
 sure be known, — immediately that they are assented to by 
 the Governor, become and continue in force, till notice is 
 given of their being disallowed. The rule upon this sub- 
 ject is thus illustrated by the Commlssiou of legal iutjuiry 
 for the Colonies. 
 
 "On the arrival at the Colonial Department, of acts 
 " passed by a Colonial Legislature, on which tlie Govern- 
 •* or's assent has been given, the course pursued is as 
 " follows : the acts of the session are referred by the 
 
 (k) Dwar. 2-lf». (/; 33 (ko. 111. ch. 13. 
 
 (m) Sec 31 Ciuu. III. ch. 31, 6. 31. 
 
 * Lord Clureudoii bays, "That when it wn» pro|)os.cd, on Charles I. joinp iulo 
 "Scoiiaiul ill l(i4l, thnt ho hhould leave u coniniJjiMou with tonic person! I» pais 
 •'such act* us should be prepared and iigri;c<t lo by both Ilouse>, iii his absence, 
 "it was found that uo sucbcominitision could be Ir gaily erautell, topitr the R< y- 
 " nl assent to any acta that were net ustcnicd to by both Houses at the date of the 
 
 "colUI>llb^ion." 
 
 i: 
 
i>s vvm.ic mu.a. 
 
 187 
 
 Kl.t. 
 
 " Secretary oi Stale to ilio counsel for the Colonial Do- <""'""''• )•'""- 
 
 " partnient, wlio is rc<iuireil to report his oi)iiiion upon •■••ii'nr m lU" 
 
 '* them in point of law. I5y this old and established Ibnn 
 
 " of expression, is understood to be meant, that tlio coun- 
 
 " sol is to report whether the acts, respectively, are such 
 
 "as, consistently with his commissi<»n and instructions, the 
 
 " Governor was authorised to pass ; whether, with the Iivn- 
 
 "guago of the statute 7 A: H Wrn. 111. ch. 22, s. 0, It is 
 
 " repugnant to any law made in this kingdom, so liir as 
 
 " such law may mention or refer to the Plantations ; and 
 
 " whether tlie act is so framed as to give full aiirl entire 
 
 " effect to the purposes with which the Colonial Legislu- 
 
 "lure may have passed it? 
 
 "A report then is made by the covmsel, in jnirsuance of 
 " this reference, to the Secretary of Stale. The acts, ac- 
 " companied by this report, are then transmitted to the 
 '* President of the Council, with a letter from the Secrcta- 
 " ry of State, desiring his lordship to lay the acts, and the 
 " report before .he (^ueen in Council, for Her Majesty's 
 " consideration. 
 
 "At the first Board of Council held after receiving this 
 
 " communication, the acts are referred to the Lords of the 
 
 " Committee of the Council, for the affairs of Trade and 
 
 *' Plantations, who are directed to report to the r^ueen in 
 
 " Council their opinion, what proceedings it may be pro- 
 
 *' per to take in relation to them. It is understood that 
 
 *' the Committee for Trade proceed to select from the acts, 
 
 " thus referred to them, afl such as present any point of pe- 
 
 " culiar novelty or importance, or as give rise to any cpies- 
 
 "tion of legal difhculty. The acts thus selected, toirelhcr 
 
 " with all private acts, are referred by their Lordships to 
 
 " Her Majesty's Attorney and Solicitor Generals, for their 
 
 •* opinion. AVhcn the report of the Law Ofhcers of the 
 
 " Crown is obtained, the Lords of the Committee for 
 
 *' Trade enter into the consideration of all acts of the ses- 
 
ISS 
 
 ON PIBLIC BILLS. 
 
 Colonial Aru— «' sion : and it is understood to be a settled rule, tliat in 
 
 nianiii.T nl pro- ... 
 
 rppiiiiiji on, ill " their deliberations upon this subject, ihev are assisted by 
 
 tlie ("oloniiil ' ... 
 
 Departmcnu " the Secretary of »State for the Colouies in his capacity of 
 " a niombcr of the committee. 
 
 " A report I'rom tlie Committee of Trade is then ad- 
 
 *' dressed to tlie C^ueen in Council, and in this report all acts 
 
 " of the session of the Colonial Assembly are classed under 
 
 "three heads. 1st. Jf it bethought proper to disallow 
 
 "any act, the report contains a full statement of the 
 
 " grounds of objection which may exist to it. 2nd. If any 
 
 "of the acts relate to measures of general and peculiar im- 
 
 " portance and interest, it is recommended that a special 
 
 " Order in Council should pass for their confirmation. 3rd. 
 
 "The great majority of the acts of each year being usually 
 
 " little more than business of routine and continued recur- 
 
 "renco, their Lordships are In the habit of advising — that 
 
 " such acts * should be left to their operation'. 
 
 *t If' this report be adopted by the Queen in Council, 
 " orders are drawn,up for such of the acts as are compris- 
 "ed'inthe two first mentioned classes. No colonial act 
 *' can be disallowed, except by a regular order of the 
 "Queen in Council. The Clerk of the Council then ad- 
 ** dresses a letter to the Secretary of State for the Colonies, 
 ** announcing to him the decision which has been adopted 
 "respecting all the acts of the session, and transmitting to 
 "him all the original Orders in Council for disallowing 
 "any particular acts (»)." 
 
 From the preceding statement it appears, that compar- 
 atively few of the statutes passed in the colonies receive 
 either the direct confirmation or disallowance of the Crown. 
 It is clearly understood, that so long as this prerogative is 
 not exercised, the act continues in force, under the quali- 
 fied assent which is given by the Governor in the Colony 
 itself, on behalf of the Crown. It is also received as a 
 
 (n) Imt Report West India Legal Coinim«ioncr», p. e, in Dwar. 989. 
 
ON pini.ic nir,i,i«. 
 
 ISO 
 
 maxim, that the King may at any time, however remote, 
 exercise his prcroijativo of disaUowincr anv colonial act 
 which he has not once confirmed by an Order in Council. 
 This, however, may he numbered among the constitution- 
 al powers of the Crown, which have been dormant for a 
 Jong series of years, and which would not be called into 
 action except on some extreme or urgent occasion. It is 
 believed that no instance has occurred, in modern times, 
 of the disallowance of any colonial statute, after the noti- 
 fication to the (lovernor, that it " would be left to its ope- 
 ration"; although it has not received the formal sanction 
 of the Queen in Council (o). 
 
 The manner of proceeding on Colonial Acts after they \,t of I'ariia 
 have received the (iovcrnor's assent having been shown 
 it will be now necessary to revert to the former subject. 
 After a bill has received the Royal assent, it is then, and 
 not before, a statute or act of Parliamcint. It is then 
 transcribed (/>) into a Roll by the Clerk of the Parliaments, 
 with the Queen's assent subscribed ; and endorsed by him, 
 immediately under the title, with the day, month and year 
 of its receiving* the Royal Assent, from which date it is to 
 take its ccrnmencement, if no other be provided by the 
 actt ( q). In this Roll there are no separate paragraphs, 
 because it was anciently foutid that the King authorised 
 interpolations which destroyed the original meaning of the 
 act. Neither are there any stops (r), so that any argu- 
 ment drawn from the influence the stops have on tho 
 sense, or any alteration in the meaning of the act occa- 
 sioned by dividing clauses, falls to the ground, and is to be 
 imputed to the invention or mistake of the printer. After 
 
 (o) Pilar. lOThJ. (;») H'l'.wi's :iti. 
 
 (q, 33 Geo. III. ch. 13. (r) 1 WiIIih, :5I(!. 
 
 ' By the 4:* Ueo. III. cli. UHt, it is proviilt'i! tliut wlicn^ liilU for ruiiliniiini; 
 expiring acU, oliall not \tmn, licfore tliu acts expire, mii'Ij uiAt, !<lmli Ue cuiitiiiui'd 
 from th^ir espiralioii, rxcept a* to peiiiiltieg. 
 
 t Similar protiston* arc pro^'ided liy tlic ProTiiiciid art, 41 (leo. III. ch. 11, 
 except that acts arc eudorscd l>v the $ccr<*t!iry »!' the Proviiiie. 
 
190 
 
 ON PUBLIC KILLS. 
 
 enrolment they are delivered into Chancery, and ihia is 
 the original Record (<). 
 Howpmcd. Acts of Parliament, ever since the 55 Geo. III. (A. D. 
 
 1814) have been divided into the following classes, viz : — 
 
 1st. Public Genen 1 Acts. 
 
 2d. Local and Personal Acts declared public, to be ju- 
 dicially noticed. 
 
 3d. Private Acts printed by the Queen's printer, where- 
 of printed copies may be given in evidence ; and Private 
 Acts not so printed. 
 proniMiiration of Anciently, after every session of Parliament, the King 
 was accustomed to command the Sheriffs to proclaim the 
 several acts passed during that session, in their respective 
 Counties, — and to cause them to be duly observed : since 
 the art of printing has been common, however, that cus- 
 tom has been discontinued. Formal promulgation of an 
 act is not necessary to give it the force of law, because 
 every man is supposed to have been present by his repre- 
 sentatives, when it war determined. But copies of it, not- 
 "withstanding, are always printed at the Queen's press, 
 and transmitted to the Chief Magistrates, Sheriffs, and 
 Clerks of the Peace, throughout the kingdom, for their 
 particular information and guidance*. 
 
 For the purpose of private information regarding any 
 act, the king's printer is permitted to sell copies of it to 
 individuals (for his own emolument) for three pence per 
 printed sheet. 
 
 The promulgation of the Provincial statutes is regulated 
 by the 44 Geo. III. ch. 5, s. 3, which provides that the 
 cleik of the House of Assembly shall, as soon as possible 
 after receiving the printed statutes, for the current year, 
 
 («) Dwar. 247, 
 
 I Of Public Stiit'.ites 5,500 are thus printed and distributed} of Private Acts, 
 the number is limited to 306. (C. J. 3 & 9, Junu, 1601.) 
 
ON PUBLIC BILLS. 
 
 191 
 
 send four copies of them to each member of the Lcglsla- Promuiraiion of 
 tive and Executive Council, to each of the Judges of the utes. 
 Queen's Bench, and the like number to tiie Attorney 
 General, and also twenty copies to each member of the 
 House of Assembly, to bo by then, distributed in such 
 manner as will best tend to promulgate a general know- 
 ledge of the laws. 
 
 A law once made cannot be amended, or dispensed Amhnrity of u 
 
 ' \<l uf Pmrlia- 
 
 with, but by going through the same forms, and by the •••'•'"• 
 same authority, by which it was enacted. The King him- 
 self cannot dispense with any penal statute, without the 
 consent of Parliament. An Act of Parliament, therefore, 
 having the power to bind every person in the realm (even 
 the King himself, if he be named therein) is the highest 
 autliority which this kingdom acknowledgfjs. 
 
( 192 ) 
 
 C H A r. VIII. 
 
 an l^rftjate Hflb. 
 
 I. ()\ PRIVATF, BILf.S IN fJKNKIl.AI,. 
 
 II. O.V Sl'i:ci.\l, PRIVATF. BILLS, viz; LsrATI',, IHVUlU i; 
 
 NATLKALIZATIO.V, &. WMi; HILLS. 
 
 111. OX Tin: PuiVATK mill offk l. 
 
 PART I.~ON PRIVATE BILLS IN GENERAL.* 
 
 iJ:; 
 
 Private Bills. Private Bills are the ancient petitions of private persons, 
 
 in a new shape, the last remnant of the old petitions to the 
 King, in his CIreat Council of Parliament, for that redress 
 and assistance which the ordinary courts had failed to ad- 
 minister, or were not empowered to grant. The ancient 
 petitions have, by gradual and imperceptible changes from 
 the time of Henry IV. grown up into the modern shape 
 of Private Billst. These were followed by the introduc- 
 tion of powers into the settlements <»f Real Estates, which 
 grew out of the Statute of Uses (27 Henry VIH. ch. 10), 
 and were the invention of Conveyancers, to countervail the 
 necessity for freijuent applications to Parliament. Wilh- 
 
 ' Thi! praclicc uf tlic Iluu>u uf Lord* with rct^pcut to piivuli! l>ill:i, fornicrly 
 tliflond ill miiiiy points from that of the House of Commons ; hut on the IG .\u- 
 pust, 183>*, with tlip view of iipproxiinatiiig a» much at> possible the i)riitlic«' of the 
 two IIoU!>e.4, the r^tauiliiig Orders of the Lords were materially icvised. But not 
 having heL-ii uhin to obtain a ropy of this niiieiuled pilitioii, I have merely no- 
 ticed the most di.-tinguished features in the practice of that llou-'-e. 
 
 t Report on Public Petition?, 183i Appeiidi.x 3, " Kvideiiie of Sir Frniicis 
 Pulgrave," p. -^i. The distinction between Public and Private Acts of Parlia- 
 ment has been oAcn, tliouf^h erroneously, attributed to Richard III., but many 
 instances of tin! passage of such acts are tu bo met with iu the Rolls of Purlia- 
 ucut, ut a much earlier date. 
 
ON PniV.\TF BILLS. 
 
 193 
 
 mit the ai(j of (ho mocli«rn |)()\vor of salo and cxcliango, 
 j)Jirlition, leasinj^, jointiiriiip', ike, tliu applications lor l*r'- 
 vato JJills would ho innumeraljlo. 
 
 Privato Hills, within the rn«'anin<r of iho Standlnf; Order Wh.u in- iVi- 
 ot the 13 February, 1700, may bo classed as lollows : — 
 
 1st. IJills for eflectincj any /oraf purpose, as inclosurc, 
 drainage, roail, bridge bills, &c., or for building cburclies, 
 prisons, Arc, or for making doctks and harbours, or lor im- 
 proving cities, towns, and fislu-rics, in particular places. 
 
 !2nd. Bills which have only a /^^'/•.Vf///r// operation, as natu- 
 i*ali/ation, divorce, name, or estate bills ; and all bills allect- 
 ing any institution, company, or corporation. 
 
 ^{rd. Hills M hich, ihougli not strictly of a local or per- 
 sonal nature, have only a sjircini, operation, as bills for 
 regulating the trade of pawnbrokers, the leases of bishops, 
 or the otHce of coroners. 
 
 But in any case where, from the mixed nature of the bill, i>,ii^ „f ,, „„^i,,| 
 it is impossible to class it either as j)ublic or private, 
 it must be determined arid regulated by ihe particular 
 circumstances of the case, and the usage of the House in 
 similar instances. Sometinies when they would admit of 
 separation, the House has ord(!red them to be divided into 
 separate bills (a\. But in some cas' s they cannot bo divi- 
 ded, and bills of lliis epicene nature generally originate 
 on petitions, but in their subsequent [)roceedings are treat- 
 ed as public bills (A). 
 
 By a Standing Order of the House of Commons (c) all Nnii... (oii.- 
 I'rivate 1-Jills re<juiring notices or the intention to apply ii|>i'ii<nti<iii lur, 
 
 ,. , 1 I (• II /I r • I ill tLTIuiii tusct. 
 
 tor the same are classed as lollow : — (and compliance with 
 all the Standing Orders regulating such notices must be 
 proved before the Committee on Petitions for Privato 
 Bills.) 
 
 («i)C. ; . uikI C IVIiriuiry,23 uii:l 'Jl Miircli, I'tlTi. UriKMoi'k iiicloMiro, uiid 
 lauds to titc l^url of Ossory. 
 (ft) C. J. i:» May, 1811, Sullynrd's estate. Utf June, ItlD, Meux &. Co. 
 (r) S.O. II. of II. of C. Itf37. 
 
1D4 
 
 ON PRIVATE DILt.fi. 
 
 Ititln r<<quirinf 
 Nudci'i. 
 
 Other Prirntc 
 Bills require uo 
 Notice. 
 
 Isl Class. — Bills for inclosing, draining or innproving lands: 
 
 Making or altering a Burial Ground : 
 
 Building, enlarging, repairing or maintaining a 
 Church or Chapel : 
 
 Paving, lighting, watching, cleaning, or improving 
 Cities, or Towns : 
 
 Erecting, improving, repairing, maintaining, or regu- 
 lating Town Halls, Market IMaccs, or Markets: 
 
 Constituting any Local Court, (as Courts of Retiuests, 
 &c.) : 
 
 The payment of any Stipendiary Magistrate or other 
 Public OfKcer : 
 
 Bills relating to Poor Rates, or the maintenance or 
 employment of the Poor : 
 iind. Class*. — Bills for making, varying, extending, or en- 
 larging any Public Works, such as Bridges, Turn- 
 pike Roads, Cuts, Canals, Reservoirs, Aque- 
 ducts, Waterworks, Navigations, Tunnels, Arch- 
 ways, Railways, Piers, Ports, Harbours, Ferries, 
 and Docks : 
 3rd. Class. — Bills regulating County Rates, Gaols, or 
 Houses of Correction, or for confirming or prolong- 
 ing tho term of Letters Patent ; or Bills to continue 
 or amend any former act, passed for any of tho 
 purposes included in this or the two preceding 
 classes, where no extension of time, or power to 
 take Land is required : 
 No notice is required to bo given of the intention to 
 
 * Ky the Slandiiig Oidcrs or thn House of Commons, (he grcatc!>t attention fs 
 given to the piijisage of bills of this clasB, — that measures ralculatcd to lie so im- 
 portant in their effects may not pass the House without having receiired the most 
 serious consideration ; for, besides the strict regulations that are required in no- 
 tices of the intended applications for such billH (contained in the following page) 
 it will bo seen that there are further orders the compliance with which mutt bo 
 proved before the committee on the bill ; and that on such bills being reported 
 from the committee, tho report is ordered to lie on the table, until the expiration 
 of teven days, when an order will be made for taking it into further contidtra- 
 Hon i aiXcr which the bill will bo ordered to be ingrossed, as iu other coses. 
 
0\ PRIVATF. RILI,*'. 
 
 105 
 
 a 
 
 
 ■ 
 
 •pply for Prlvato Rills of merely a personal nature, as 
 Kstatc, Divorce, Naturalization, or Numn Bills. As to 
 them, SCO Part II, of this Ohapter. Neither is any pre- 
 vious notice rocjuired where tlie bill is of the class iiicn- 
 tionod above, as beinf^ "thotif^h not of a IochI nature, yet 
 " with only a tifwcial oprrafion, as bills for regulating 
 ** the trade of Pawnbrokers, the leases of Birihops," Sec. 
 
 Notices for the above bills must be inserted three sue- Th.- following 
 
 III III" lirnVill llO- 
 
 ccssive weeks in October and Noveml)er, or either of ''f';/ """"""'" 
 
 ' (III l'< llllllllS. 
 
 them (and in the case of Railway bills, twice in the months 
 
 of February and March), immediately nrecedin«; the ses- su.i. \,.ii.-. -lo 
 sion ol Parliament, when aiM)lication is to bn made, in the Miii.uim (ii- 
 
 ' I I /.< lit", mill oii«^ 
 
 Gazette of the kingdom, and in one other newspaper of the <>«•>'. "••*»i'''i'er, 
 
 county in which the town is situated, or if no such paper 
 
 be printed therein, then in the newspaper of some county 
 
 adjoining or near thereto {d). 
 
 And if it be the intention of the parties to apply for tlte Paniminr Rulei 
 
 . . fwr llicuu 
 
 levying or the altering of Tolls, Rates or l^uties, such in- 
 tention must be expressly noticed. And if any lands or 
 houses will be afttictcd by such bill, applications must bo 
 made to the owners and occupiers for their assent or dis- 
 sent on the subject, on or before the ulst December, in 
 the year preceding the intended aftplication, and that 
 separate lists be made of the names of such owners and oc- 
 cupiers, distinguishing which of them have assented, dis- 
 sented, or remained neuter in respect thereto, r .1. 
 
 ' ' r iirlhor notice 
 
 Further notice must be given of intended applications for ".V'!'''?' " m"'"* 
 bills of the first class, by notices afHxed on the church doors 
 of the parish aftected, for three Sundays in October or No- 
 vember. 
 
 And as to bills of the second class, the followino- special »"•••« tote oh- 
 
 111 1 ,.1. , . " f'rvt'il Ml iKiliuci 
 
 orders have been made. 1 hat such notices shall contain '"^ »'"=*"'■ »he 
 
 , r 11 1 • 1 t ""^ Class. 
 
 the names ot all the parishes and townships concerned, xo cntuin tko 
 and shall slate the time and place of depositc of the plans, T\Zl'i!J'" 
 sections and books of reference. 
 
 (d) Sec S. U. H. of C. IcJT. 
 
l^^^H' 
 
 '!' 
 
 
 
 II 
 
 100 
 
 ON riuvATi; mi.i.fl. 
 
 Hcalnor.Scctioii!*. 
 
 Doi'iatioiit fruiii 
 linn. 
 
 T'lr following eo That duplicate pliins, of* a scnio of not less than four 
 
 111' |ir<Hi>i| I rliilC ' ' 
 
 tiir c.mihiKiii; inclies to the niilo, accortliiiij to the iigurc annexed to iho 
 
 (HI 1*1 till". i;s. '^ _ " 
 
 .Foiirnals*, must be deposited in the olHce ol' the Clerk of 
 
 riaiiH, S.M lion-, I fi ± f II- • 1 /• 1 „« 1 
 
 A . . i«. Ijo tiupo- the 1 eacet, lor |uu)lio inspection, on or helorc th«! nOtli 
 Novenihcr (and irt the cuse of J{uilN>uy bills, on or before thcj 
 Ist March) immediately precedij)<j[ tlie session. Together 
 with a book of reference, containinf^ the names of tho 
 owners, occupiers, or h^ssees of such lamls. 
 
 That eacli section shall be drawn to the same horizontal 
 scale ns the ])lon, and to the vertical scale of not less llian 
 one inch to a liundred feet, accordinjj to figure 2 of the 
 plan aljovc mentioned. 
 
 That where any lateral deviation is intended, it must 
 be likewise drawn out, with any buildinj^s, court yards or 
 gardens, on such line, on an extended scale of not less 
 than a (juarterof an inch per huntlred feet. (See Fig. 3.) 
 
 That such plans, sections, and books of reference be 
 indorsed with the date of entry by the clerk of the peace 
 lion'."'""'"' where they are entered ; and that they be always open 
 to personal inspection, upon payment of one shilling per 
 liour, provided that one copy of such plans, tVc. be re- 
 tained for the use of the Parliament till called for. 
 
 Tliat on or before the 3 Ist December, in each year (or 
 
 Topics of Plniis, /»*-i-i r rt -t ^ • 
 
 Ac. where to lie thc Ist of April, in the case of Railway bills, where the 
 
 dcpositid. . -11 1-111, 
 
 various deposites are required to be made with the clerks 
 of the peace, &c. on the 1st of March) a copy of so much 
 of the said plan as relates to any particular parish aH'ected 
 (as see Fig. 5), with a book of reference, shall be deposit- 
 ed with the parish clerk in England, the schoolmaster of 
 Buch parish in Scotland (or in the royal burghs with the 
 
 Plnii.«, &.«•. to bo 
 iiiclor-x'il iinil 
 
 '* Sec thu rurni or reqnireil pluni!, &c. in thc Coniiiiuns Journalu, I'A July 1^.37, 
 annexed to thc Stiintling Orilcr«. 
 
 i See thu itct 7 Wni. IV. & 1 Vict. ch. 83. "To compel clork» of thc peare, 
 *' parish clerks, and other persons, to take the custody of such documents as .shall 
 *' be directed to be deposited with them under tho Standing Orders of citbcr 
 " lluusc of rarliuinent." 
 
ON PRI\ ATK lUI.I.S. 
 
 197 
 
 town clork) and ilie poslmastcr of the town in or nnarcst 
 such parish in IrelunJ, for ins|»ection, upon payment of 
 one shilling. 
 
 That on or before lluj 31st December in eacli year 
 (except as aforesaid with Hailwny bills), a copy of tlio 
 said plans, &c. be d«»posited in the Private Bill Ollice. 
 
 That a signed Estimate of the expense be made, and 
 that a subscription be entered into under contract to 
 rliree-burths the amount — though where the Public Work 
 is to be made from Funds in the hands of a Company or 
 Comniissioners, a Declaration to that cHect, with the Com- 
 j-iiny's Sc'itl aflixed, or under the hand of an authorised 
 Dlhcer f»f such Company, &:c. may be substituted in lieu. 
 
 'VUni all Subscription Contracts shall contain the names 
 in full, description and place of abode of every subscriber, 
 his sij^nature to the amount of his subscription, with the 
 name of the party witnessing, and the date of the same ; 
 and that it be proved before the Committee on Petitions 
 that one-tenth part of the subscription has been paid up 
 and (h'posited in the Bank, or invested in some Govern- 
 ment security, in the names of the Clerk of the House of 
 Commons, and of two persons named as Promoters of the 
 bill, until the Kouse has decided upon the bill, when it 
 shall be repaid to parties to be named by the persons at 
 the time of investment. 
 
 That no Subscription Contract shall be valid unless 
 entered into subsequent to the close of the previous session ; 
 and unless the parties subscribing bind themselves, their 
 Executors, &c. for its payment. 
 
 That previous to the presentation of the Petition the 
 Subscription Contract be printed at the expense of the 
 promoters of the bill, and delivered at the Vote Office for 
 the use of the members of the House. 
 
 That when the bill is to abridge the extent of any 
 Public Work, application be made to owners, &c. of 
 Lands affected thereby. 
 
 SB 
 
 'J'lie fullnwirif 
 1(1 Itr proved 
 lirfore thr l'«im. 
 iiiittee uii I'kii- 
 Hum. 
 
 And III friVHlo 
 Hill Utrirv. 
 
 I!>tiniiite til'Kx- 
 IK'iiiii* aiiil Suit- 
 M'riptiun Ckii- 
 Irutl ri'i|iiir«!tl. 
 
 rorm uf Sub- 
 vcriptiuii C^uii* 
 tr«cl«. 
 
 Wlinn lo bo 
 ciitcrvd iutu. 
 
 To be prinlctl 
 
 und dUtributed. 
 
 Application to 
 parties con- 
 cerited. 
 
\i:. 
 
 19S 
 
 ox PRIVATK nH-I,S. 
 
 Tiir nbovr lo iio All llic abovc iioticos and standing orders must be proved 
 
 j)rovr.| Ill-Core , ... • i-* • 
 
 c'Dmmittpron lo liavo bccn Complied with bel'oro the Committee on Peti- 
 tions for Private Bills, but not on oath nor by affidavits, 
 except in Inclosure Bills, whicli may be proved by affidavits 
 as prescribed by tlio (leneral Inclosure Act (41 Geo. III. 
 cb. 109) — and in the case of Petitions relating to Scoti.axi> 
 when an affidavit sworn and certified before a Sheriff- 
 Depute or his i?ubstltiite therein, may bo admitted — and 
 any Petition relating to InKF.AXi),\vhen prool'may be admit- 
 ted on the production of affidavits sworn and certified before 
 any assistant Barristers therein : but in all these cases the 
 Committee may if they please, require further evidence (e). 
 Care must be taken that the standing- orders in the above 
 respects, arc carefully complied with, as the Committee 
 on Petitions must examine and report this to the House. 
 
 Ijiiiri.n coniuin And it must be remembered that the future bill cannot 
 
 iiotliiiiir not 
 
 embrace any object not mentioned in the notice. But a 
 notice of the intended application for the cnla/ghfg a par- 
 ticular act, has been held by the Committee to \v arrant an 
 application for icj)cali/iff the act in (juestion, and granting 
 other powers. 
 
 Tiicrctitioii. Tin; Pr/nnox presented for the Private Bill must 
 
 truly state the case, at the peril of the parties preferring 
 the same ( /"j. It must be entitled, " The Humble Peti- 
 ** tlon," except those of Peers, wh'ch are entitled "The 
 " Petition." 
 
 For the manner of preparing it, and the causes of infor- 
 mality, &:c. which will prevent it from being received, see 
 chap. XIII. Ou Pctilio7is. 
 
 Whcnprcbcntcii. I" tlie House of Commons, Petitions for Private Bills 
 must be presented by the member in his place, and within 
 fourteen days after the first Friday in the session [g). 
 
 inoiitiuniMl in 
 iiuticc. 
 
 (e; S. O. II. of V. 1*37. x.\i-.\xii. 
 
 (/) C. .1.20 May, 1(>.".— S. O. II. of C. 15 Fob. r.00—18 Jan. 170S. 
 
 is) S. O. II. ofC. 1637,1. 
 
o\ PKivATi; r.ii.i.s. 
 
 lUU 
 
 This does not extend to petitions for making additional 
 
 provisions in Private Bills {/i). In the Upper House a 
 
 sessional order is made, fixing the time for tholr presentation. 
 
 But If through unavoidable circumstances this time be 
 
 ]•,! ..1 .•• I • 1 .1 I'oliiioii fur lonvo 
 
 oxpu'eu Without tlie petition having been presented, a pe- t,, prt-tntrcu- 
 tltlou must be preferred stating the lacts, and assigning """' 
 the reason, and setting; out the substance of the intended 
 petition, and asking leave to present it. This petition is 
 i-eferred to the Committee on Petitions, who receive evi- 
 dence on tlie trulli of its allegations and report on these 
 facts only. If the report be favourable, the second peti- 
 tion Is presented, which is likewise referred to this Com- 
 mittee, when tlie proceedings are subseijucntly conducted 
 as If the petition had been presented in due time. 
 
 An application for extending the term of letters patent 
 cannot be made, unless the term will expire within two '-•^"•^'■s ^a'»-''"- 
 years from the commencement of the then session (<). 
 
 Before the presentation of the Petition, all Plans, Sec- 
 tions, &:c. re(iuired by the standin^r orders of the House, Plan?. Arc. to bo 
 
 ^ . . , . I«..l;.'c(l ill I'rivato 
 
 must be lodged in the Private Bill OlHcc, and a receipt 15'" oiHco. 
 thereof indorsed upon the Petition and documents by one 
 of its Clerks (A). 
 
 The Petition must bo signed by the parties applying 
 for the bill, in the Commons (l) ; and by all concerned, in P<iitinnhow 
 the Lords {m). Persons intended to be called as witnes- 
 ses should not sign, as it will prevent their evidence from 
 being received (n). 
 
 Every Petition for granting money, or concerning any 
 estate or interest of the Crown, or for compounding debts 
 due to the Crown, must bo referred to a Committee of the 
 Whole (o). 
 
 All Petitions for Private Bills must bo referred to the c^i'.Scir''" 
 
 (It) lira. 35. 
 
 (k) 3, O. II. of r. le^JT. 
 
 (w) S. (). H. of I., xcvili. 
 
 (o) S.O. II. ofC. aSNov. 1710, 
 
 (i) S. O. II. of L. 2!* Mar. liOcJ. 
 (<) S.O. ll.ofC. Ic37. 
 («) Dwar. 130. 
 
200 
 
 ON PRIVATE BILLS. 
 
 f 'onimittne on 
 Petition* for 
 PrivatR Kills. 
 
 Frocoedini^s 
 bcrore this Com 
 niitec. 
 
 Select Committee on Petitions for Private Bills, to enquire 
 into the compliance with the standing orders. This Com- 
 mittee is a sessional one, and consists of fort^r-two members 
 (not to be members of the Select Committee on Standing 
 Orders) of whom five shall be a quorum. This Commit- 
 tee is to consider solely whether the standing orders (for 
 notices, &c.) have been complied with, by taking ])rima 
 facie evidence thereof, and report to the House. 
 
 The powers of the Committee are limited to the execu- 
 tion of this duty, nor can they entertain any questioii or 
 matter, which is not immediately connected with the same. 
 This Committee ^^^ ^^^ ^^® better dispatch of business, the Cornniiuee 
 i"?o8ib-com''*^on Petitions for Private Bills has authority to divide itself 
 •tine power'' ^''° *"'** Sub-Committees, of not less than seven members each, 
 which Sub-Committees have all the powers and autliority 
 of the Committee, and may report to the House. 
 Time required There must be ten days between the presentation of the 
 tation ofpetufon Petition and the first meeting of the Sub-Comniitiee for 
 Commmee.^ ** its examination ; and if the bill relates to J^coiland or 
 Ireland fifteen days musjt intervene. 
 
 The Committee having met, the Clerk reads the Petition 
 referred to them, that it may be ascertained w hat stunuing 
 orders are applicable to the case. The Commiiiee then 
 receive proof of the observance of thojje standing orders 
 which require to be observed before the 2)reseniaiion of 
 the Petition, — a statement of which proof's is laid beibre 
 the Committee by the Agent for the bill. 
 
 Besides the proof that is required of the performance of 
 the various matters directed by the standing orders as to 
 notices, consents, &c. already pointed out (see ante^ p. 195) 
 the following special standing orders as to bills of the un- 
 dermentioned descriptions, must be proved before the 
 Committee. 
 Canal, Water, BiLi^s fof making, Varying, extending or enlar^ng 
 
 Additional proofs 
 required in the 
 caae of Bills of 
 the following 
 description. 
 
ON PRIVATE BIF.LS. 
 
 201 
 
 Navigable Canals, and Rivers supplying towns with Further onWs 
 
 tiT i-» to lie provpcl 
 
 WATER, AND KesERVUIRS. iMlnn' the Toni- 
 
 1. When it is intended to direct water from an <?x?V/»if 1"',,,^ f,,""rrivato 
 
 cut, canal, reservoirs, aqueduct or navigation, into an"'"*" 
 
 intended Cut, &c. the nam -. of the existing Cut, &:c. must 
 
 be mentioned in the notice. 
 
 2. The plan accompanying must describe the brooks 
 and streams to be directed into such intended Cut, &c. 
 and the section shall specify the levels of both banks of 
 such Cut, &c. and describe the same by feet and inches. 
 
 J3lLL3 FOR MAKING KaILWAVS. R„i,^,„y ,,i„,. 
 
 1. That the line of the Railway marked upon the sec- 
 tion shall correspond with the upper surface of the Rails. 
 {See* Line S. S. Fig. 2.) 
 
 2. That a vertical measure from the datum line to the 
 line of the Railway shall be marked in feet and inches at 
 each change of the gradient or inclination {Sec E. F. Fig. 
 2.), and that the proportion or rate of inclination between 
 each such change shall also be marked. {Sec G. G. in 
 Fig. 2.) 
 
 3. The height of the Railway over or under the surface 
 of the ground, &c. to be marked at every crossing of a 
 Road, River, Canal or Railway {See I. 1. 1. Fig. 2.) : and 
 if there shall be no crossing in every half mile then the 
 height over or under the level surface shall be marked 
 once in that space {See O. O. O. Fig. 2.) : and if any al- 
 teration in the present level or rate of inclination of any 
 Turnpike or Carriage Road, or Railway, be intended, the 
 same shall be stated on the said section {See P. Fig. 2.). 
 
 4. All Tunnelling and Archway to be marked on the 
 plan and section (See Q. R. Fig. 1 and 2.). 
 
 5. The parties desiring to make any alteration in the 
 line of Railway, after the plans are deposited and notice 
 
 * These references are made to the Plan contained in the Journals of the 
 House of Coninious (v. 9fi p. G44) of the forms required iu such Flaus gouerall/. 
 
202 
 
 OV PRIVATF. nilJ.?. 
 
 Kill" for coii- 
 rirniin^', A:i'. 
 Letters I'iitciit 
 
 ,, ,, , irivcn, may Jo so upon makin^r certain other notices and 
 to bo |.im-.ii,o. applications — fully detailed In the standing order {See C. 
 
 l..oon IVtifon, J^ j,^ 92. 7>. Gil), 
 lor rnvalc llilln. i ' 
 
 (5, Notices, applications, &^c. that must be made by 
 
 parties desiring to make an application for a Bill to niako 
 any alterations in any existing line of Railway [Sec stand- 
 ing orders in C. J. r. 1)2. y. OH). 
 
 7. Provisions that must be complied with wlien any re- 
 newed application is made for a IJailway Bill, at the next 
 session of Parliament (»SV(' ibid). 
 
 Bii-f-s for conlirmin<r or |)roloiicinif the Term of Let- 
 'JERS Patent. (Further order to be proved heforc the 
 CommUtce on Petitions.) 
 
 That eacli Notice; shall have jirefixed to it, in capital 
 letters, the name by whicli the Invention is iisually distin- 
 guished, and shall contain a description of the invention 
 for which such Letters I'atent liave been obtained, and 
 also an account of the term of tlieir duration. 
 
 The consent of all jiarties concerned in the measure, 
 must bo personally given before this Committee, cither 
 by themselves or other parties, but not on oath, nor by 
 affidavit, except in the case of Local Turnpike Bills {p), 
 and bills relating to Scotland or L-eland, consents to which 
 may be proved by affidavits taken therein, in the manner 
 already detailed in^^ 198, as to affidavits allowed in such 
 cases for proof of Notices having been given. 
 
 In the House of Lords consents must also be personal, 
 or in cases of the inability of the parties to attend, by 
 affidavits made by two persons (//) ; and except in the 
 case of Local Turnpike Bills (/•) when an affidavit only 
 is re(|uired ; in L'ish Bills, \vhen a certificate of consent 
 made before a Judge there will be sufficient {s) : and in 
 
 roiisriit', ill the 
 llou^n ol'Coin- 
 
 UlOllft. 
 
 In tlic House of 
 Isolds. 
 
 
 (;>) General Turnpike Atl 3 Geo. IV. ili. V-i. (//) S. O. II of L. --'O April, IGDS. 
 (r) 3 Geo. IV. cli. 12e. ^s) H. O. II. of L. 1 Mar. 1800. 
 
0\ I'KlVATi: HILLS. 
 
 •^O'J 
 
 V 
 
 Scotch IJills wlicn an aflklavit sworn and ccrtiHed before 
 a SlierifT, Sherill-Dcputo or Substitute will be received {(). 
 
 The Committee liaviii-,' examined the ])ftlli()n and failed '''""^'" 
 to discover any intrin^ement of tlie regulations required by 
 the .stanthng orders, report thereon to the House j and leave 
 will then be given to bring in the bill. 
 
 But if the Committee report that the standing orders 'f""''"^-"fa'>lc- 
 liave not been complied w ilh, they must state therein the 
 facts upon which their decision is founded, and any special 
 circumstances connected with the case [v\ 
 
 Their report will then be referred to the Conunittcc on ^^v" ''•; " ''-'"•'"! 
 
 • I<> III- < niiiimlloo 
 
 Staniliiii^ Orders, to examine whether it is exjiedient to "" -^''""''"^ 
 allow ilje Petitioners to proceed as their case stands, or to 
 permit them to do so upon repairing their error or omis- 
 sion. This Committee consists of fifteen members, of 
 whom five is a (juorum, and it is their duty to determine 
 firally upon every report referred to them from the Com- 
 mittee on Petitions, and report to the House. If tlieir 
 report be unfavourable the measure is i^cncrallij* dropped 'nll^(•<.llllm^l.'( 's 
 
 n \ • 1 •- c- 111- K<'iinil. 
 
 lor that session ; but a iavourab!c, leave is given to pre- 
 sent the bill. 
 
 The House will not receive any petition referring solely I'.iiiiM,, io.ii«- 
 
 , ,. !• • 1 I T |fll.-f, iVl'. Willi 
 
 to the compliance or non-compliance with tlie standing stuiidinijOr.krs. 
 
 orders as to a particular bill, after the second reading of 
 
 such bill ; unless in the case of those standing orders 
 
 which must necessarily be taken into consideration by the 
 
 Committee on the bill (^w). Petitions of this nature will 
 
 be referred to the Committee on Petitions for the parties 
 
 to be heard thereon, provided the matter be clearly stated, 
 
 and the petition presented three days before the meeting 
 
 of such Sub-Committee (.r). 
 
 it) .S. O. If. ofL. n Jiiiic ISIL (7) s. o.n. v.tC. \iS~. \. 5. 
 
 (tc) S. IL of C. le;n, lii. (x) ib. v. -1. 
 
 * The Hou'-cli'.-.\c»er lias somcliiiius ilcciiicil it ailvisnlilo to |)ciinit tlic in- 
 troduction of the Mil, iiotwilliiitandiiig tlin unfavourable rr|iort of tlii.s Coinniit- 
 ice, as in the ciim-s of ilic Liverpool Dock bill, 125 Feb. ISUS—tljc London Briilgo 
 Approaches bill, 11 March, 1&31. 
 
 '.< I 
 
 [! 
 
204 
 
 ox PRIVATE BILLS. 
 
 Petition to dis- 
 pense with S<>s- 
 sioual Ordci'b. 
 
 In tlic Lord-', 
 petition referred 
 tu a Cominittcc 
 
 Petition for leave 
 tu add certain 
 provisions to the 
 Bill. 
 
 Petition with- 
 drawn. 
 
 Report made 
 and Bill ordered. 
 
 And all Petitions applying for leave to dispense with 
 any of tlie sessional orders of the House relating to Private 
 Bills, must be referred to this Comrnittr'e on Petitions, 
 who are to report to the House whether such orders ought 
 or ought not to be dispensed with {)/). 
 
 Supposing that in the House of Lords all the requisites 
 for the petition have been compiled with, it is then refer- 
 red to a Select Committee, upon whose report, if favour- 
 able, leave is given to bring in the bill. In the case of an 
 Estate Bill, however, (whether it originates in the Lords, 
 or has been sent up from the Commons) it is different — for, 
 the petition (or bill) upon its preeentation, is referred to 
 two of the Judges, to examine and report on the legality of 
 the measure. — See part H. of this Chapter. On Estate 
 Bills. 
 
 If It becomes desirable, before the bill has been present- 
 ed, to make certain provisions therein, newly discovered 
 to be necessary — or to improve the bill in any manner not 
 originally contemplated, a petitlo i must be presented to 
 the House, noticing the former one, and stating the re- 
 (juired additions, and praying that they may be made. 
 This petition will be referred to the Committee on Peti- 
 tions for Private Bills to examine into the compliance 
 with any standing orders that may be affected by the 
 same, and their report, if favourable, will be referred to 
 the Committee on the bill, with power to make the requir- 
 ed provisions. And if the standing orders have not been 
 complied with, the report will be referred to the Commit- 
 tee on standing orders. 
 
 But if the first petition be very defective, or the required 
 alterations numerous, leave should be asked to withdraw 
 the petition and present another. 
 
 In the House of Commons, on motion of the member 
 taking charge of the bill, the report from the Committee 
 
 (y) S. O. H. ofC. V. 2. 
 
ON ruivATi: r.ii.i.s. 
 
 20.: 
 
 I 
 
 on PetitiotH (or stanJing orders) is rcaJ, wlilch done, lie 
 I') brln^c in a bill fur llio required purpo- 
 
 moves 
 
 r.M- 1, 
 
 ,1 V(.' 
 
 SOS, — viii. 11 ii ,iil,)\vt.«ij, two or more niouioers ( wiiom lliti 
 Chnr iiiiu is u-JHilly re<|ii(?sted to nominate) are appointed 
 to p"/'i)u\' ;iikI l>rii!:^ in the same. 
 
 r . ■ / 1 "r> «•-• I 1 < 1 ln«triirtionf fo 
 
 In (••Mitifi ci-es (as, wlion a 1 etilion lias been jirosontcd m,.,„i,p,, „r.i.T- 
 pra\iti<^ tiiit li';rvL' may l)e given l>y tlie Honse, for the '■'""'"'"- '""' 
 intro'J'icti')ii ^jf" certain matters in the hill — not prayed 
 for in the lornier petition) Instructions are given to the 
 mcnihers iippointf-d to bring in bills *' tliat they do make 
 pro\isi(.i)," for such and such matter (t). 
 
 'i'.'u; di.it't ota Private Hill is generally prepared by the 
 Ag' t's (if iho parties concerned, but approved precedents 
 for ;iie;r formation iiave recently been determined, which 
 will i.e found at the end of this Part. 
 
 All I'rivate Bills (except Naturalization and Name Bills) »'" ^"""^'* 
 ('/I must be printed before their first reading, with the 
 1. line of ilie member in charge of the same upon the back 
 (/»). And printed copies of them must bo tlistributcd to 
 members; in which copies the proposed amount of all 
 1'olls, J{;ites, &:c. and other matters reipiired to bo left *'"• •i»*«'^'^«'»''''- 
 blank in the House Bill, are to be inserted in Italics. 
 Printed copies must also be lodged in the Private Bill 
 Onice, interleavetl with blank paper, for the use of the 
 Committee and Iteport. 
 
 If a Private Bill should inadvertently be read the first I*" P""""' ''"P'''' 
 time before print'-d copies have been distributed, the House, <i»'tr'i'u««'i- 
 upon notice being taken, will discharge the order for the 
 second reading, but on being informed that they had since 
 been delivered, will permit the bill to be again read the 
 first time [c). 
 
 The bill may be presented the same day that leave has ^''" preteme^i. 
 been given to bring it in, but it is the usual and more 
 
 (z) C. J. 27 Jan. 1777 ; Hiiticld Cliaiic Iiicl. 
 
 (r.- S. IJ. of C. 1"537. (//) C.J. c. 03,/». ^llO. 
 
 V) C. J. 15 Marili. Ii-Il i^lvii. Iiicl. 
 
 <: 
 
206 
 
 ON PRIVATE BILLS. 
 
 
 I 1 
 
 I 
 
 I 
 
 I 
 
 If iurormul. 
 
 May he wilh- 
 
 corrcct way to defer Its prcscr.tatlon to a later period, which, 
 however, must be within the lime limited, by a sessional 
 Kesolution, for receiving Private Bills. The member pre- 
 senting attends at the Bar, until his name is called by the 
 Speaker from his private business paper, when he at the 
 command of the Speaker brings the bill up to the Table, 
 where it is read a first time. 
 
 Accompanying the printed copy of the bill, there should 
 be a manuscript copy (on parchment) called the House 
 bill, within which is placed tlie Breviate for the Sf)eaker's 
 use. 
 
 If the bill should have been prepared informally, or not 
 
 conformable with the regulations of the House, upon 
 
 notice being taken, the order for the second reading will 
 
 be discharged and leave be given to bring in a proper 
 
 driiwii nnit now one. (For instances of such withdrawal, see General 
 
 one prctt'utcd. 
 
 Index to Commons' Journal, 1820, pp. 240, G97.) This 
 generally occurs between the first and second reading of 
 a bill, but if the irregularity should not be noticed till after 
 the second reading, the bill will, upon its discovery, be 
 ordered to be withdrawn {d). 
 
 On the first reading of the bill, an order is made for its 
 second reading, but generally without specifying the day, 
 unless the second reading is intended to be opposed. If 
 a day be not named in the order, it is understood that 
 the second reading may be moved for whenever the 
 parties are ready, upon their giving the required notice at 
 the Private Bill Office, where the bill must be deposited 
 between the readings. 
 
 For the proceedings had upon the bill in the Private 
 wate Bill Offico. jjin Office, between the readings, see Part III. of this 
 Chapter. 
 
 If upon the bill being examined by the Clerks in the 
 
 id) C. J. 7 July, 1814 ; Uusbai dry Carriage*. 
 
 Second reading 
 ordered. 
 
 Examined in Pri- 
 
ON PRIVATK niM-fl. 
 
 207 
 
 Private Bill OlVicc, tliev report unfavourably, the member 'ffoun.i informal 
 
 •^ » •' inu«.t be with- 
 
 in charge of the bill must point out the Informalities, and ''r''*" "'"• '•■"ve 
 
 ' ubtiiiiieil to lire- 
 
 move tilut the order for its second reading bo discharged, «*n'i auoihrr. 
 
 and the bill withdrawn. He may then move for leave to 
 
 bring: in another bill. 
 
 V3 
 
 Upon tlio Hist readini:' nothing: should be debated but /''•'"'••/;'' o"iy 
 
 ' . .Iilmteil oil tiriit 
 
 the principle of the bill, for to dispute upon iho provisions is f«««img- 
 impKlng tl^ntihc principle is good, which cannot fairly be 
 ascertained at such an early stage of the proceedings. 
 When a <lebate does arise upon the first reading, which 
 seldom ho.ppens, it is with the view to the rejection of 
 the bill. 
 
 If between the first and second readings, a petition be Petition praying 
 
 di 1 11/1 1 . ^ 1 to be liciird u- 
 
 praymg to be heard by Counsel ngamst the gaiust n,,. bill. 
 
 principle* of the bill, an order is usually made that the 
 petition do lie on the table till the second reading; and 
 that the petitioners be then heard against it : — and that 
 Counsel against the petition, and in favour of the bill, be 
 also admitted. And a day is then, or subsequently, ap- 
 pointed for the second reading (e). 
 
 When the House copy of the bill has been duly examin- when a bill may 
 ed and certified by the Clerks of the Private Bill Office, bie for a second 
 and three clear days have elapsed since its first reading, ^^^ "'^' 
 the bill may bo laid on the table for its second reading. 
 But no Private Bill may be read a second time until the 
 expiration of two calendar months from the day the last 
 notice was given in the Newspapers (/) ; nor until six 
 days after a printed Breviatet thereof shall have been laid 
 on the table of the House [g). 
 
 («) C. J. 3 March 1796; Carlmel Incl. (f) S. O. II. of C. 1837. vii. viii. 
 
 (g) C. J. 23 Jan. 1838. 
 
 * All Petitions presented against Bills before the second reading, should object 
 to the principle of tlie Rill. Petitions Hgainiit tpecific provisions should bo 
 presented after tlie second reading, when they will be referred to the Committee 
 on the Bill. 
 
 t During the last two or three years, thi; attention of the Hou8« of Commons 
 has been much directed to ihc subject of Breviates of Frivule Bill«. The practice 
 
I'rr 
 
 uos 
 
 ON rUIVATF. nu.1,3. 
 
 Jiaid". '""'"'*""" -^"^ "" '"'^ or clause for the particular interest or bene- 
 fit of any person or persons, county, conponiiinn or boJy 
 of people is allowed to be read a seconil lime unless the 
 foes required by the standing ordi^rs have btM-n paid there- 
 on (//). As to the Feus, see Part 111. of tliis Oluipler. 
 
 TI18 second read- jf ^ j^ |,.^g y^^^^^ p^^j^j ^^^^^ ^i,^, gpeond reudiiit:, no ino- 
 
 tlon is re<|uired to bring it before the IIou8e, but it is taken 
 up as an order of the day. Init by insi'riin'j in the 
 Speaker's private business paper the name of the ^I( .-nber 
 proposing to move the order of the day lor ti" -< . und 
 reading, such order may betaken up \viih the priv.ii.- 1 usi- 
 ness, and before the reading of the gcn-ji- 1' ordiTs . the 
 day. If loft to take its course amongst tlio grneiul i iders 
 of the day it is called in its turn by the C lerk uttlii! tab.o {i). 
 
 (k) Bra. t'rf. (i) Siicrwodd on I'lHiiL'; t.n: ;51. 
 
 of prcsculiiig' a Broviaic with .r.i'ry Bill l)rrui£rlit ln'foii' tin.' lion..', q),)!',! .< (IVoni 
 a refuiiiiicti to D'Kwcs iiiid oilier old \vrit('r.<,j, to liavc Ici'ii loii.il Aith tin' 
 C!>tal>li»liiMriit, ill tliat Ilou:iR, of any rt-jriilar sy>ltiii oi lu^■.llll•s^ — .ut llirsi- 
 I)ruriatf« wore llieii very dufiiclivoiy iliawii out, anil hailly arriii.^L'il, l)i?iii.:t 
 nothiug more than uii abstract of tlie iiiar^'iiK.I iioli.- of tlie i'.iil, v. uliom any 
 inlonaatiuii as to the ulfocls of tlio llll::l^ulX' ii,miii tlic ^(sici nI \.i\\ oi' tli(Maiid. 
 Ill coiir-oqiieiicc of iviiicli, many liil s of an iiijiiiioii.'- and iiioiii>|.oii<'. ; y, tuiidciicy, 
 Iiiuub alfccting the ptililiu interest, were jia-'-.'-iMl llioii:,'li tin Cui . un? witliont 
 tlic attcntiuu of tiiat lioti»e liavinir hei-ii Milliciciitly (lircuti'i i . ■: to — »o inueli 
 BO as to call for I'arliamciiiury interference in llio niatti-r — i' v ii;,-iubcis beinj; 
 disposed perfioiially to examine every Kill prcseiiicd to liii' ll'iue, rluilied us 
 tliey frequently are in tlic tecliiiiculities and oli-enruic- oi' I. ■! i-.nj^uage. 
 
 To prevent a recurrence of ciieuiii.-taiicoij of tins ii.ii i.>, ,i ?.Miiedy was ut 
 
 length prc.vidod, by the adoption by the House, on tiic M.id J i!>, ISJtf. of the 
 
 folluw'iiig llesolutions, viz : — 
 
 " Tlial no Private Hill be read a second time until six il v - • r a Brcviato 
 "thereof ishall ha\e been htid on the table of ilic Ilou < . ir J have been 
 " ]>riiitcd. 
 
 " Tliat such Breviatc shall contain a ^tiitonieiit of the object oi t!' Hill, with a 
 " summary of the proponed enactiii;uts, and sliali slate any vai rn i, :i from tliO 
 " general law which will be eHTectcd by tliis Bill." 
 
 The ucccsKary authority in carry ing the above llci-ohilion ini'> cii-c i, was at 
 the same time intrusted to the Speaker — who accorJinjrly ajjpoi.ited lo iho office 
 of Preparer of Brcviafes of Private Bill.*, with n salary oi J^\<Mi a yrar — Mr. 
 Booth, a geiitlcmau of great legal attainments and ability. 
 
 This system, so far as experience has yet tried its utility, seems to have given 
 very general sutisfucliou — Isce 3Iirror of ParliaiQont, 1637-6, v. 7. p. 5322, 5323.; 
 
r>\ niivATr iiii.i.s. 
 
 209 
 
 But if no Jav lias hccn fixed for llio same, llie second 
 reading must be moved hy tlie Mcml^er in cliurge of llio 
 bill, or any other one. 
 
 If the second reading be opposed, a Member generally "|iTii!'Viihiui.M 
 moves as an amendment to the (pierftion, " tliat this bill be " '"' • 
 *' fww read a second time," to leave out the word "now," 
 and to insert at the end of the motion "upon this day six 
 "months." T'^pon the motion for this amendment, the prin- 
 ciple of tlie bill is generally debated. 
 
 The first (paestion to be i)ut, is, that the word " now** 
 stand part of the (juestion. If it bo resolved in the nega- 
 tive the second (piestion then follow?, to add the words 
 " upon this day six months," And if the first (piestion bo 
 resolved in the afllrmalive, then the main (pjestion "That 
 " this bill be notr read a second time," is put.. If an order foimoi ii.i.ni 
 
 11 I'll- I I < 1 1111 ■■!■"■> tlx! t"ii- 
 
 lias been made allowing counsel to be heard on the bill, 
 the Speaker then directs the Sergeant to encjuire " whe- 
 " ther any counsel are attending." No more than two 
 counsel will be heard on one side. 
 
 Upon tlie Sergeant's staling that counsel are attending, 
 a motion is made " that the counsel be called in." With- 
 out this motion the counsel, though in attendance by order 
 of the House, cannot be heard (/■•) ; and it may be, and 
 frequently is (/) opposed and negatived. Sometimes the 
 House is informed by a Member that it was not the desire of 
 the parties to be heard against the bill at that stage of it {m). 
 
 The counsel, on being admitted, are placed on each side 
 of the Bar; and the Speaker en(|ulrcs of each for whom 
 be appears. 
 
 The bill Is then read by the Clerk pro forma. The pe- 
 tition against the bill, and the order for hearing counsel, arc 
 also read. 
 
 Then the counsel for the Petitioners is first heard, to 
 
 And witnesses 
 
 open his case and examine witnesses in support of it. 
 
 cxainiui'd. 
 
 (A") C. J. 4 iMurcli, 17!V>— Norwood and Pad. Caual. 
 
 (,\) C. J. 2 Marcli, 1790. rcrtculiall Incl. (m) C. J. 7 xMar. I'lOC; Cuitmcl Iiicl. 
 
210 
 
 ox privatj: niiA.n. 
 
 ! 
 
 Tho witnesses are then cross-oxamiiicd by i}io counsel 
 for tlie bill ; and afterwards examined by such of tho 
 Mornbers present as choose to put (jucstions. 
 
 The counsel forllie petitioners then sum up the evidence. 
 
 Tlie counsel for the bill next opens his case, and calls 
 
 witnesses in support of it, and against tho petition. These 
 
 are examined and cross-examined in like manner as the 
 
 other witnesses. 
 
 The counsel against tho bill is then heard in reply. 
 roiiiiRci Willi- After which, the counsel on both sides are ordered to 
 k.T dn lurt -i tiiu witlidraw (n). 
 
 second reiidiiiK 
 
 of ti'o tiiii. The S[)eakcr then opens tho substance of the bill from 
 
 his breviatc, and declares that it is a second reading, and 
 the motion is made for its commitment. 
 
 Coiinsri not u»u- It has latclv become unusual, however, for the House to 
 
 ally lifinrd by Die -^ i v i' • i mi 
 
 House, but in tho hear counsel on the second readmg ot any private bill 
 (except for a Divorce), on account oi tho interruption it 
 occasions to public business (o). Uut opposed bills are 
 fretjuenily debated by the Members in the House, and 
 when the bill is committed, the petitions against it arc ge- 
 nerally referred to the Committee, with liberty to hear the 
 petitioners by counsel. But tho order never extends to 
 the hearing of counsel, unless that is particularly prayed 
 for in the petition, and it is the duty of the Member pre- 
 senting the same to see that it contains the required provi- 
 sion (/>). For the manner of hearing counsel before tho 
 Committee, see post, as to the Committee on the Bill, 
 
 No Petition to bo Bv a Standing order (r/), no petition against a Private 
 
 referred to the . *; ° \in f o 
 
 Coiniuittee to Bill is to be referred to the Committee on such bill which 
 
 hour Counsel uii- ,. . , •/» i i /• i • • 
 
 less the objec- doos not distinctly specify the grounds of obiection to tho 
 
 tion. are dis- ji-- , i_ij , 
 
 tinctiy spociiied. samo : and the petitioners are only to be heard upon such 
 grounds : and if it shall appear to the Committee that such 
 grounds are not stated with sufficient accuracy, they may 
 direct a more specific statement to be given in to them, in 
 
 (h) Bra. 93. 
 
 0>) Sherwood on Private Bills, 35. 
 
 {0) C. J. 4 Feb, 1795. Eau. Brink. 
 (g) S. 0. H. of C. 1837, xi. 
 
ON nilVATF- BILLS. 
 
 211 
 
 \ I'll lo llio Cum* 
 
 writing, limited, however, to the grounds of objection ori- 
 ginally specilied. 
 
 A Private ]}ill is {rcMerally referred to a Select Com- "*"»>7'"'»'Jv/''- 
 
 O J Irrrrd lo II Sell tt 
 
 rnittee, but for particular reasons, it is sometimes commit- <«'""iiinirf. 
 ted to a Committee of tlic whole (r). 
 
 The power of sending for jM?rsons and papers is not given i'..wrr to umi.i 
 Of course to Committees on ot/is, as it is upon pc/iftuns, but puiKm. 
 only for some special reason. The roost frecjuent reason 
 for doing it is, uhen a petition relative to the bill has been 
 referred to the same Committee (*) ; though it is not al- 
 ways done even in this <:ase. 
 
 If it be proposed to insert in the bill any new or addi- in^irurtion 
 tional matter, or to leave out any subject matter expressed mmc.:. 
 in the title of the bill — the Committee must receive spe- 
 cial instructions from the House i'or that purpose ; but no 
 instructions should bo moved unless it clearly appears 
 that the Committee cannot do the required matter without 
 them (t). 
 
 These instructions are usually given in words which 
 empower (viz. " that the Committee have power to make," 
 &c.) — and conse(|uently leave it to their discretion, either 
 to make tlie addition or not. Sometimes, however, they 
 are directory or imperative, and may be so even with res- 
 pect to matters which would otherwise have been within 
 the ordinary powers of the Committee. 
 
 In order to obtain these instructions, a petition, stating Iil,a\hcyujay I'o 
 the facts and praying that the proposed provisions may be f?'*"^"- 
 made in the bill, must be presented to the House, and re- 
 ferred to the Committee on Petitions in the same maimer 
 as a petition, with the same prayer, alluded to in a former 
 stage of the bill, (see ante. p. 204.) — and upon the report 
 of this Committee (or that on standing orders if it has been 
 
 (r) C. J. V. 70. p. 434 j to remit duly on Malt. 
 
 (.x) C. J. 17 May 171)5; Hyde Park road. 
 
 (/,! Mirror of Parljaint'iU, 37 May, l6'34; Poor Law Aiiicudiuent. 
 
 ii 
 
 I 
 
 5 5" 
 
 
 I 
 
 
i! I 
 
 212 
 
 ON PRIVATE BILI^. 
 
 f'oiiiniitlec on 
 tiic Kill. 
 
 Timo betwocii 
 Hncotid Ri'atliii;T 
 
 & CullllllltllKMIl. 
 
 Notice to I)P 
 t'iveii of Coiii- 
 iHiltee'siiieeliiiL', 
 
 A copy of bill 
 lodffed in I'rivutu 
 Itill ViVui', and 
 parties all to 
 huvi) coj)ic». 
 
 Lists of Privntt! 
 Kill C'oiniuitlco 
 to bn hiiii<.' up ill 
 tlic f.ubbv. 
 
 Postponcuicnl of 
 
 Coiniiiittuub 
 
 mcctiiiir. 
 
 Quorum. 
 
 referred to tlie same) the instructions will be given to the 
 Committee. Seven clear days must intervene between the 
 second reading of a Private Bill, and the meeting of the 
 Committee thereon, for any other purpose than to choose a 
 Chairman [v). 
 
 Notice in writine: of tlie day and hour appointed for the 
 meeting of the Committee must be given by the Agent so- 
 liciting the bill, to the Clerks in the Private BillOfllce and 
 by them entered in the Private Bill Kegister, three clear 
 days before hand ; and all proceedings of the Committee 
 without such notice are void {w). 
 
 A filled up bill, signed by the Agent, as proposed to be 
 submitted to the Committee, is to be deposited in the Pri- 
 vate Bill Office at the time of giving the above notice ; and 
 all parties shall be entitled to a copy thereof, on payment 
 of the charges for making out amendments of such bills(a'). 
 
 Tho Clerks of the Private Bill Office must prepare 
 daily list of all Private Bills, and petitions for Private Bills, 
 upon which any Committee is appointed to sit, speciiying 
 the time and place of meeting; which lists must be hung 
 up in the lobby of the House {>/). 
 
 No postponement of the first meeting of any Committee 
 must take place without one clear day's notice being given 
 at the Private Bill Office of the time fixed for such meeting. 
 And no adjournment without a notice in writing of the 
 time to which it is adjourned being given by the Commit- 
 tee Clerk to the Clerks in the Private Bill Office (z). 
 
 The number required to form a quorum of the Commit- 
 tee on the bill is five. The names of the members attend- 
 ing each day are to be entered on the minutes of the Com- 
 mittee by the Clerk ; and if any division take place, tho 
 names of the members voting, with the side on which they 
 
 (v) s. o. n. of c. X. 
 
 (r) S. O. II. of C. xii. 
 
 (;; S. O. II. of C. xiii— .\iv. 
 
 ((c) S. O. II. of C. 1837 ; Pri. liill Office. 
 (if) S. O. II. of C. XV. 
 
ON PUIVATK RILLs!. 
 
 213 
 
 votcJ, must be also taken, and jrlven in to the House with '^,'""'!"',V 
 the report 
 
 ttcc on 
 
 Having met, the Committee appoint their Chairman, by chairman, 
 whom or any other member they may name, their conclu- 
 sions are to be reported to the House. 
 
 [In the House of Lords, the Chairman of Committees (an (in the Lonii.) 
 officer appointed at the commencement of every session) 
 sits on all unopposed bills; but every opposed Private Bill 
 (not being an Estate Bill) Is referred to a Select Commit- 
 tee of five, who may choose their own Chairman.] 
 
 The order of commitment is then read, with any instruc- Proorrdinc* be- 
 
 , . fore the Commit- 
 
 tions which may have been given to the Committee ; also tee. 
 the petitions against the bill, if any have been referred to it. 
 
 The Committee on Petitions having proved the compli- 
 ance with the standing orders, this Committee on the bill 
 must not examine into them unless specially directed ; ex- 
 cept, of course, those standing orders which are specially 
 required to be proved before this Committee. 
 
 The question for the first reading is then put by the 
 Chairman, and the bill is accordingly read by the Clerk 
 fro forma. The question is then put for its second read- 
 ing, paragraph by paragraph, which is done, and the 
 allegations contained in the preamble are proved by evi- '"''"'° c prove 
 dence successively as they are read. 
 
 If a petition against the bill has been referred to the rounsd heani 
 
 C. I y , , , Itefore the Com- 
 
 ommittee, with power to hear counsel thereon, the man- mittce. 
 
 ner of proceeding is as follows : — 
 
 The counsel having been called in, the counsel for the 
 bill opens his case, and produces witnesses to prove the And witncsso* 
 compliance with the standing orders, and the allegations 
 in the preamble of the bill. 
 
 Each witness is first examined by the counsel for the 
 bill, then cross-examined by the counsel against the same, 
 and re-examined by the counsel for the bill to explain his 
 former evidence, but not to state new matter : the witness 
 
 SD. 
 
 '■ 
 
 
 % 
 
 I 
 
wz 
 
 If 
 
 
 !l I 
 
 ' :| 
 
 214 
 
 ON PRIVATi: niLLS. 
 
 Coinmiltee oa 
 tlie Kill. 
 
 The CoDimil- 
 toc decides ujiuii 
 the Prcdinblc. 
 
 Clauses required 
 to be inserted iii 
 certain Bills. 
 
 That subscrip- 
 tions be paid up 
 
 Level of Road. 
 
 Bridges feuced. 
 
 Proof to be given 
 before this Com- 
 iiiittec of corapli- 
 uncc with the fol- 
 lowuig orders. 
 
 In iNCLObURE 
 
 Bills. 
 
 is then out of the counsel's hanJs, but may be further ex- 
 amined by the Connmittee. 
 
 The Counsel for the bill is then heard upon the evidence. 
 
 The Counsel against the bill then opens his case, and 
 examines his witnesses, who are cross examined in like 
 manner as the witnesses for the bill, and after the Counsel 
 against the bill has summed up his evidence, the Coun- 
 sel for the bill is again heard in reply. 
 
 The Committee then resolve, whether the standinor 
 orders required to be proved before them have been com- 
 plied with, and whether the allegations in the preamble 
 have been proved ; if in the afilrmatlve, they then proceed 
 to amend the bill, in the progress of which Counsel may 
 be heard for or against any of the provisions or amend- 
 ments proposed («). 
 
 The Standing Orders require that all bills for carrying on 
 any work by a Company, Commissioners or Trustees, 
 shall contain a clause compelling persons who have sub- 
 scribed to pay their subscriptions ; and one obliging the 
 Company to take security from their Treasurer or Collec- 
 tor for the faithful execution of his office. 
 
 And that when the level of any road is to be altered by 
 any Public Work, the ascentof any Turnpike road shall not 
 be more than one foot in thirty, and of any public carriage 
 road not more than one foot in twenty ; and that a good 
 fence, at least fourteen feet high, be erected on each side of 
 every bridge to be erected. 
 
 In addition to the compliance with the allegations in the 
 preamble and the standing orders above mentioned, the 
 following special standing orders are required to be 
 proved before the Committee on bills of the following 
 descriptions : 
 
 Inclosure Bills. 
 
 1. That the Committee to whom any Inclosure Bill, or 
 
 (a) Bra. 110, 111. 
 
n\ PRiVATr ruAs. 
 
 21.1 
 
 petition for the same, be referrcJ, may admit proof of the 'r»''<;P''ove'i !)"- 
 notices required by the standing orders, and of the allega- ""^' "''^'"' 
 tlons in the preaml)lo of tlie bill, by aijhlarit under and •^'"'''''''* "'"''*"'"- 
 according to the schedule In thj General Inrlosure Act 
 (41 Geo. III. ch. 109/; unless such Committee shall other- 
 wise order. 
 
 2. That all such bills contain provision for leavinjr a'^.'"'*'*' '*'"■ ■''■'- 
 sufficlcnr open space for exercise and recreation, and If 
 
 sucli be not made, satisfactory reasons must be adduced 
 to the Committee, who are to report them sjieclally to the 
 House. 
 
 3. That all such bills contain the names of the Commis- Xiimrs of Com- 
 
 . . niis-^ioiicrs, and 
 
 sioners proposed to be ai)pomtcd ; and the compensations amnunt of con.- 
 
 . ' • 1 . 1 1 1 IXMlfutloU to bUl- 
 
 intenued to be given lor manorial riglits, tythes, and en- icrer*. 
 franchisemcnts. And that all copies of such bills for tho 
 parties concerned contain the same. 
 
 4. That no person shall be named as a Commissioner, nisnuaiinc aiions 
 
 ' ^ _ ol Comiuii-sioii- 
 
 Umpire, Surveyor or Valuer, under such bills, who shall '^''^ ^^• 
 be interested In such Inclosure, or be Agent for any party 
 interested. 
 
 5. That all such bills shall contain a clause settling tho Their pay ami 
 pay of the Commissioners, and regulating the passing of 
 
 their accompts. 
 
 Bills for making Turnpike Roads — [in Ireland only), road bh.ls, in 
 That in all Bills for making a Turnpike Road, or for con- 
 tinuing or amending an act for that purpose, or for the 
 alteration of any of the existing tolls on such roads, or for 
 widening or diverting such road — a clause be inserted pre- 
 venting any commissioners from acting, unless qualified by ciausR for the 
 
 1 • 1 i_ u L'li 1 At- ^ I tluiilificutinn of 
 
 estate to the extent required by such bills ; and that such Comm;s>ioncrs 
 qualification bo extended to the heirs apparent of persons 
 possessed of an estate in land to a certain value to be 
 specified. 
 
 Bills for making Railways. 
 
 Railway Rii.i,-;. 
 
 ( The Committee on the Bill arc tlirccfed to report spc 
 
 claJhj on these jyrcofs.) 
 
 m 
 
 
 nu 
 
 f; 
 J: 
 
 i:. - -, 
 
 ? !1 
 
 f I J 
 
 ft ■ " 1 
 
 'i --4 
 
I? 
 
 I ii 
 
 w ^ 
 
 ! m 
 
 I' I: 
 
 216 
 
 0\ PRIVATE BILLS. 
 
 To be proved 
 belure Coiniiiit- 
 tee uii the iiill. 
 
 Restriction!) aa 
 to Mortji'uge. 
 
 Railways not to 
 cross IIi)(liways 
 oil suinc levul. 
 
 raj>ital. 
 
 Present means of 
 conveyance. 
 
 Passenycrs and 
 Freight ex- 
 pected. 
 
 Income ex- 
 pected. 
 
 Whether Rail- 
 way be a com- 
 jiJctc liue^ or not. 
 
 1. That no Railway Company be authorised to raise by 
 loan or mortgage, more than one- third of their capital : 
 and that, until fifty per cent, of the whole capital be paid 
 up, they be not allowod to raise any more by loan or 
 mortgage. 
 
 2. That no Railway be permitted to cross any highway 
 on the same level, unless the Committee on the bill report 
 it as their opinion otherwise, with the reasons and facts 
 therefore. 
 
 3. Proof as to proposed capital of company, and amount 
 of loans which they may be empowered to raise by the bill ; 
 the amount of shares subscribed for, and the deposites paid 
 thereon; the names and residence of Directors and Provi- 
 sional Committee, with amount of shares taken by each, 
 the number of shareholders who have a local interest in the 
 line, and amount of their subscriptions ; the number of 
 other parties, and of capital taken by them ; a statement of 
 the number of the shareholders subscribing for c£2,000 and 
 upwards, with their names, residences and amounts sub- 
 scribed for. 
 
 4. The sufliclency or insufficiency of the present means 
 of conveyance for all purposes, and of communication, 
 stating the present amount of traffic by land or water, the 
 average charges for passengers and goods, and the time 
 occupied. 
 
 5. The number of passengers, and the weight and des- 
 cription of goods expected on the Railway. 
 
 6. The income expected to arise therefrom, from pas- 
 sengers and freight, and in what proportions ; stating gene- 
 rally the description of goods from which the largest re- 
 venue is anticipated. 
 
 7. Whether the Railway be a complete line, or part of 
 a more extended plan hereafter to be submitted to Parlia- 
 ment ; and how far the calculations of remuneration depend 
 on such contemplated extension. 
 
0\ PRIVATE BILLS. 
 
 217 
 
 S. Whether any, and what, competlne: lines of Railway To '.p prove! 
 
 •^ ' 'to •' liolorc < omniit- 
 
 are In existence or contemplation ; the present state and "'^^ ° " ""' "'"• 
 comparison between them; but that no line of Railway Compeimg line. 
 shall be deemed a competing line, unless its plan, &c. shall 
 have been deposited with the Clerks of the Peace, and 
 the Private Bill Office, as required by the standing orders. 
 
 9. To state what planes on the Itailway are proposed to I'lancs. 
 be worked, either by assistant engines, stationary or loco- 
 motive, with the respective lengths and inclinations of such 
 planes. 
 
 10. To advert to any peculiar en£rineerin2: difficulties i^npiiiporing 
 in the line, and how they are intended to be overcome. 
 
 11. To state the lensfth, breadtii, heighth, and moans of ^' •■""''"''"> t)f 
 ventilation of any proposed tunnels, and if they are to pass 
 through favourable strata or not. 
 
 =' 12. To state whether in the lines proposed; the gradient [i|','J;,J.i.""' ' ' 
 and curves are generally favourable or not ; and the 
 steepest gradient exclusive of the inclined plane above 
 referred to ; and the smallest radius of a curve. 
 
 13. To state the length of line, of Railway and branchf>s i'^-"^- 
 respectfully. 
 
 14. To state the fitness, in an engineeringpoint of view. And 
 of the line. 
 
 15. If it be intended that the Railway should pass on a Lt\pi i i-iiuiy-. 
 level, any highway or road, to call particular attention to 
 
 that fact. 
 
 16. To state amount of all estimated expenses of making r.stimatos. 
 Railway, and whether they appear to be adequate, and 
 supported by proof. 
 
 17. To state the estimated annual expense of Railway Annuaiexpenscs. 
 when completed, and how far that is proved. 
 
 18. Whether it has been sut.^f'ctorily proved that the R,>vciiur in 
 revenue will be likely to pay all expenses, and still allow expeiises. 
 profit. 
 
 19. The number of assents, dissents and neuters on the Assents, &c 
 
 riir- 
 
 Mill.' 
 
 i: 
 
 I 
 
 I- I 
 
 tu 
 
 

 t I! 
 
 
 213 
 
 ON PRIVATE BILL«. 
 
 Enninccrs 
 cxuruiiicJ. 
 
 Petition in oppo 
 sitiou. 
 
 And any othrr 
 circumiitaacc.s. 
 
 Xre'commutoe '^"^' ^^"^ length and amount of traversed property of each 
 
 uii th e Hill. class, distinguishing owners from occupiers ; and in any 
 
 bill to vary the original line, stating these particulars with 
 
 reference to such parties only as may be affected by the 
 
 proposed deviation. 
 
 20. To state the names of Engineers examined in sup- 
 port of and opposition to the bill. 
 
 21. To state the main allegations of any petition referred 
 to the Committee in opposition to the bill, and whether 
 its allegations have been considered by the Committee, and 
 if not, the cause of their not being so. 
 
 22. To state in addition, any circumstances which, in the 
 opinion of the Committee, it is desirable the House should 
 be informed of. 
 
 re'liulrmi 'to'^'thc ^P^" ^hc above, the House has ordered, that it will not 
 above qucstious. proceed upon the further consideration of the report on 
 any such bill, until specific replies have been given by the 
 Committee, to each of the questions contained in the fore- 
 going resolutions ; and that in order to afford time for the 
 proper discussion of reports on Railway Bills, the House 
 will, upon every Tuesday, at live o'clock, proceed to the 
 consideration of such reports. 
 
 In all such bills, there must be inserted clauses to the 
 following effect:* 
 
 1. That the Railway shall not be proceeded with, till 
 certain Plans, &c. be deposited. 
 
 2. Limiting deviations from the datum line described 
 on the section, &:c. without certain authority. 
 
 3. Limiting alteration of Curves. 
 
 Bills for maintaining, lodging or employing the Poor. 
 That the Chairman of the Committee upon every such 
 
 That the rnncrai bill, upon the report thereof, do acquaint the House that 
 
 law for tliP Set- .'^ , ^ ' ^ 
 
 the bill contains no clause whereby the general law of Set- 
 
 Spncial clauses 
 required in 
 Railway bills. 
 
 And Plans, 
 
 Poor Relief 
 Bill. 
 
 tlcment of tlio 
 Poor is not de- 
 parted from, &c. tlement of the Poor shall be departed from, or 
 
 any power 
 
 * Sec the clauses at length, in Coramons Journals, v. !>2, p. CIS, 643. 
 
ON PRIVATH mi.LS. 
 
 210 
 
 fonimittoc on 
 
 of Corporal punislirnent iriven to any person employed in['|||",J' 
 the management of the Poor. 
 
 Bills for confirminfr or prolontrln£r the term of LKTxr.ris nu-.-s for con- 
 
 ° • ° ° tirri. i.L'. Ar. 
 
 Patent. l tt «.-, Vx- 
 
 That when any bill shall be brought into the House, for 
 confirming Letters Patent, there be a true copy of such 
 Letters Patent annexed to the bill. 
 
 As soon as the allegations in the preamble of the bill r n-or.t- i.> !>« 
 have been proved belore the Committee, the consents ot couumu'c. 
 the parlies interested must be proved, either by jiersonal 
 attendance, or, if the Committee do not require further 
 evidence, by producing a copy of the bill signed by the 
 consenting parties before one or more witnesses*. 
 
 But If counsel is to be beard upon the bilb the Com- _ 
 mlttee proceed to hear them, in the manner already de 
 tailed (see page 213). 
 
 After the Committee have passed the preamble and ,., _, , 
 
 r I c l:uisps — Blankc 
 
 the proofs, each enacting; clause is read by the Chairman in fi"*"'' "P •'*"'* 
 Its order, the blanks are then filled up, and other amend- maJc 
 ments made In the order in which they occur, each amend' 
 ment being made the subject of a separate motion, and 
 being twice read (/y). 
 
 The opponents to the bill are at liberty to offer objec- 
 tions to each clause as it comes betore the L/ommittee <>i an opposed 
 
 , , I$ill rtre (liscus- 
 
 But it IS not generally usual, or even necessary, to call upon m .i iu Commii- 
 the promoters to support each clause, for the clauses of the 
 bill are generally considered to be proper unless proved 
 otherwise by the opposition ; it is therefore customary for 
 the Committee to require the opponents to state the par- 
 
 (b) C. J. 2e 3Iuy, 10-21. 
 
 * The Coiuiuittuc upon any Petition or Rill relating to Scotland, mtxy admit 
 I'roof of conipliiincL' witii tlie Klandiiifc' OrdiM!-, :uid of the consents of panics 
 concerned, upon aifidiivit, sworn and certified before any SheriflT, Sherilf-Deputo 
 or Substitute ; and in Irrland, upon Affidavits sworn and leriified before any 
 Asiistant Barrister there ; unless the Committee recjuirc further tvidcuco. 
 
 if L-1 
 
220 
 
 ON PRIVATE BIM.S. 
 
 CTommitce on the 
 liill. 
 
 I 
 
 Clauses post- 
 poned. 
 
 Npw clauses 
 oflercd. 
 
 riiairmaii must 
 si<^u the Bill aud 
 new clauses. 
 
 And all Plans &c. 
 with alterations 
 made therein. 
 
 Which must be 
 lodged in Private 
 Bill Office. 
 
 ticular provisions io which they object, and to proceed to 
 discuss these provisions, adopting the unopposed clauses 
 as a matter of course (if they themselves approve them) 
 without permitting any interference by the petitioners 
 agninst the bill. 
 
 The consideration of the ^>rc«wi/e of a Private Bill, 
 should not, like that of a Public Bill, be postponed, as it con- 
 tains the allegations upon which the bill is founded, but any 
 of the clauses, before they have been amended (though not 
 afterwards), may be postponed (c). 
 
 After the bill has been gone through, the new clauses 
 are next to be offered, after which the Committee returns 
 to the postponed clauses (if any) in the order in which 
 they stand in the bill. 
 
 Committees on Private as well as Public Bills, can ad- 
 mit no provisions which do not come within the scope of 
 the title, without instructions for that purpose from the 
 House. 
 
 The Chairman of the Committee must sign with his 
 name at length, a printed copy of the bill (to be called the 
 Committee Bill), on which the amendments are to be fairly 
 written : and also sign, with the initials of his name, the 
 several clauses added in Committee (tZ). 
 
 The Chairman must also sign with his name at length, 
 every plan and book of reference produced before the 
 Committee, and mark with his initials every alteration in 
 such plan or books of reference which may be agreed 
 upon by the Committee ; and every such plan, &c. must 
 be thereafter deposited in the Private Bill Office (e). 
 
 Every plan and book of reference which shall be certi- 
 fied by the Speaker of the House of Commons, in pursu- 
 ance of any act of Parliament, shall previously be ascer- 
 tained and verified in such manner as the Speaker shall 
 
 (e) Bra, 106. 
 
 (e) S. O. H. of C. 1837. 
 
 id) S. O. H. of C. 1837. 
 
ON PUIVATF, BII.LH. 
 
 221 
 
 Icerti- 
 
 iursu- 
 
 iscer- 
 
 shall 
 
 direct, to be exactly conformable in all retpects to the rcmfioii copies 
 plan and book of reference signed by the Chairman oi the 
 Committee. 
 
 The House of Commons have, ever since the year 180G, i;.^;';'!'^,';,;;;;;'' 
 passed a resolution at the commencement of the session, '^'-•'•u.iii time 
 limiting the time for receiving reports to a certain period 
 of the session. If the Committee find that they cannot be 
 ready within this limited time, a motion must be made to 
 the House that the time be enlarged in favour of the par- 
 ticular bill. 
 
 AVhen the Committee have ordered the bill to be report- ^[."fi^.;;;,!'"" 
 ed, the Committee Clerk prepares the report, with the 
 amendments, both of which are written on paper, separate 
 from the bill and from each other: the amendments in 
 the order in which tliey occur, though they were not so 
 made by the Committee. 
 
 Notice in writing of the day on which the bill is to be Notice of Report, 
 reported, must be given by the agent soliciting the bill to 
 the Clerks in the Private Bill Office, at least one clear day 
 before the report is made (/). 
 
 The Chairman of the Committee, upon the report of Report made, 
 every Private Bill, is to acquaint the House that the alle- 
 gations of the bill have been examined ; and whether the 
 parties concerned have given their consent (when it is re- 
 quired by the standing orders) to the satisfaction of the 
 Committee [g). This statement is made in the body of the 
 report (h). 
 
 But if the Committee report that the preamble has not if unfavornbic. 
 been satisfactorily proved, the report is ordered to lie on 
 the table, and the bill is dropped ; but the resolution of 
 the Committee may be controlled by the House, and must 
 be reconsidered if the bill is re-committed (i). 
 
 (/) 3. O. H. of C. 1837. 
 
 (A) Bra. 116. 
 
 (i) C. J. V. 75. pp. 336, 343, Exeter Market Bill 
 
 (e) S. 0. H. of C. 1637. 
 
 I :; 
 
 8 E 
 
'J :! 
 
 ^^1 
 
 222 
 
 ON PRIVATE KILLS. 
 
 Report consider 
 cd. 
 
 Rcportof Bills of "pjjp report Is concrallv taken Into consideration Imme* 
 
 Sriund Chtan not I O ./ 
 
 idhe roiiMdcrrd jjately upoH Its bcinoj brouEjht up, but with 'respect to 
 
 for suvfu days. J i o & t » .1 
 
 bills of the sccniul duss, it is ordered (/c), that there be 
 seven clear days bctucen the report and the time when It is 
 considered : and every such bill as amended by the Com- 
 mittee, must be printed at the expense of the parties ap- 
 plying for the same, and delivered to the door-keepers for 
 the use of members, three clear days before the report is 
 to be considered. And notice in writing is required to be 
 given to the Clerks in the Private Bill Olfice of the time 
 appointed for its consideration, at least one clear day before 
 such time appointed. 
 
 If the bill be reported without amendment it is taken to 
 the table without any question for bringing it up, and the 
 reporter moves, after it has been read, that it be ingrossed 
 or, (if it has been sent from the Lords) that it be read a 
 third time. But if it be reported with amendments, leave 
 must be given to bring up the same, and each amendment 
 must be put to the question separately, to be agreed to, 
 disagreed to, or amended by the House (/). 
 How amend- If It be intended, upon the report, to leave out a clause, 
 
 iMonts to the Re- (» i i -n • i • i i c i n% 
 
 port arc made by or part oi the bill m which any amendment ot the Commit- 
 
 ihe House. . ■, .... ■ i i* 
 
 tee occurs, such amendment should be previously dis- 
 * agreed to by the House, as a preparatory stop to the clause 
 being rejected; for, otherwise, the House would be pre- 
 cluded, In that stage, from leaving out the amendment, and 
 and consequently the clause of which it forms a part {m). 
 Committee's After the Committee's amendments are disposed of, the 
 
 «^^auaes coiiM or- ^jg^^g^g added by the Committee are read twice, and 
 
 ao-reed to, or otherwise, by the House. Any member 
 New clauses of- ^^y ^jjg„ ^^^^^ a ncw clausc, to be added to the Bill, 
 
 fared, and auicud- •' 
 
 nicntsmude. which being read thrice and adopted, is also open to 
 amendments. Then also, any original amendments may 
 
 {k) S. O. IJ. of C. 1837. 
 (f») Bra. 120. 
 
 (J,) C. J. V. Gi.p. 353. 
 
 m 
 
ON I'RIVATE BILLS. 
 
 OO'J 
 
 be moved to llio body of the bill which do not alter or 
 affect any amciidments previ(jusly agreed to by the House. 
 
 All arnendineiits which may bo luudo upon the rt'j)urtof' 
 a Private Bill, must bo ciilcrod hy one of the Cleiks in 
 the Private Uill Ollice, upon the printed cop^' of iho bill as 
 amended by the Committee, and such Clerk must bign tho 
 copy so amended, in order to its being deposited ami pre- 
 served in tliat oflice (»). 
 
 Besides the bills of the second class, which, it has been 
 observed, must be printed at the expense of the parties 
 before the report is considered, some other Private Bills 
 of general interest are occasionally ordered to be printed, 
 with the Committee's amendments, by the jiarlies apply- 
 ing. The proper time to move for such an order is, after 
 the report has been received, and before it has been order- 
 ed to lie on the table (o). 
 
 At tho commencement of the session, a time is limited 
 for receiving reports from Committees on Private ]jills. 
 If, therefore, the Committee's proceedings are protracted 
 to so late a period that the report cannot be made within the 
 time prescribed, the Chairman of the Committee* states in 
 the House, that, " notwithstanding all due diligence, tho 
 ♦* report cannot be made within the time limited by tho 
 ♦* House for receiving reports from Committees on Private 
 "Bills:" and then moves that the Committee have leave 
 to make the report on or before a certain specified day. 
 
 If notices be taken of an irregularity in the report of a 
 Private Bill, or if it be found necessary to make numerous 
 amendments to the bill, or if any thing else should occur 
 that would render such a proceeding necessary, the bill 
 will be re-committed to the same Committee (/;). 
 
 Similarnotice is required to be given at the Private Bill 
 Office, of the sitting of Committees on re-committed Pri- 
 
 An«l PiilorpJ liy 
 i!i)' lU'ih ill till! 
 I'riMiti- llilior- 
 lire. 
 
 WllPtI l<> IIKlVO 
 
 iliiit Hill IIS n- 
 
 III0I|(||'(| liy tliu 
 
 ('iiiiiinittcv l)u 
 )>riiilri|. 
 
 If Ili(> n«'|)ort 
 raiiiKil III' ^'(it 
 riMcly » illiin tlio 
 (imp liniiii'il fur 
 rrcoiviii;,' Ke- 
 porls. 
 
 Ill what C!l^e a 
 Hill ^ll()lll)l be re- 
 coniiiiiued. 
 
 Of wliirli similar 
 notice iniiiit bo 
 given. 
 
 (h) S, O. n. of C. 1837. (o) Bra. 126. 
 
 ill) C. J. 23 Margl), 1797 ; Dover road. 
 
 *\ '.y 
 
 ii 
 
 'i 
 
 km 
 
 ,v 
 
 jUa 
 
 
 
 ' i 
 
 
 i 
 
 
 i 
 
 IB 
 
 !s 
 
 
 1 
 il 
 
 ' Mf 
 
 \ I 
 
00. t 
 
 ON PRIVATE BILLS. 
 
 Ro-comniitineiii. 
 
 If pnrtio!) in- 
 turoHtcil ar(^ dis- 
 Niitititiod witli 
 Report, iiiny pe- 
 tition tliH iluu»e 
 tliureon. 
 
 To consider 
 whicli.tlie Com- 
 mittee of AppeuU 
 is appointed. 
 
 To a sub-com- 
 mittee of which, 
 the petition will 
 be referred. 
 
 vatc Bills, as upon the sitting of the first Committee. But, 
 to prevent delay, the House, upon a re-commlfment, fre- 
 (picntly orders, *' That the Committee do sit and proceed 
 " forthwith," in which case no such notice is necrssary (y). 
 
 This Committee is formed and proceeds in the ^iime 
 manner as the first Committee, except that llieir proceed- 
 ings are usually, though not invariably (/•), confined to 
 amending the bill. 
 
 If the re-commitment be general, all amendments of tho 
 former Committee are rendered void, and must be made 
 anew : — but if it be as amended, then none of tho amend- 
 ments are aflected thereby (*). And if the re-comniiiment 
 be of a particular clause, then no part of the bill but that 
 clause corncs before the Committee {l). 
 
 By the standing orders of the House of Commons [v), 
 any party interested in a Private Bill, or who shall have 
 appeared in support of the petition, by himself, counsel or 
 agent, — or the promoters of the bill if they are dissaiisfied 
 with the vote of tho Committee thereon — may petitit)n the 
 House upon the matter, which petition will be referred 
 to a Committee of Appeal, to examine and report finally 
 on the matter. 
 
 For this purpose a Sessional Committee is to be appoint- 
 ed, to be called " The Committee of Appeals upon Pri- 
 " vate Bills," to consist of all the Knights of the ^hires, all 
 the Members for Cities, and such other Members as may 
 be named thereon, so that the whole number a[ pointed 
 may be at least two hundred. 
 
 Whenever any petition of the above description is pre- 
 sented to the House, it shall, if the House think fit, be 
 referred (together with the report of the Committee on the 
 bill, with the minutes and evidence taken before the same) 
 to a Select Committee, to be chosen by ballot from this 
 
 (g) C. J. V. 73, p. <Jl. (r) C. J. 23 & 30 »Iar. 1814 ; Bray lucl. 
 
 (») C. J. 25 Jane, i:99; London Post. («) C. J. 16 Mar. 1812 ;^Tbamcs navigaiiou. 
 (v) S. O. H. of C. 1837. xxiv.— xxix. 
 
 '!'!' 
 
OV PIIIVATF, nii.i.s. 
 
 
 ('nnimiltoo of 
 
 il. 
 
 Commlttoo of Appeals. For wliicli purpose, whenever '^""'"',', 
 an^ such petition sliall liavo boon so rel'errod, tlie Houso 
 shall fix a day for th(! choosing of the Soloct Commlttoc. 
 
 On the day appointed, at half past four o'clock (or as 
 near thereto as the question before the House will permit) 
 the Speaker shall order the doors of the House to be locked ; 
 and the ballot to proceed in the manner following: — 
 
 The names of the members composing the Committee suii-cnnnniuco 
 
 P . , , . , . . I- liulloiiil lor. 
 
 01 Appeals having been written upon separate pieces ot 
 paper, and put into the glass, the Clerk shall draw there- 
 from, until the names of seven members of such Com- 
 
 1 1 11 1 1 1 1 I 11 1 Wlio m,iv not 
 
 Tnittce who shall be then present, and who shall not liavc ,(n.' u.- .ion. 
 
 voted at the Committee on the bill to which the petition 
 
 refers, or who shall not be excused by the House — shall 
 
 liave answered to their names ; which seven members shall 
 
 constitute the Select Committee to which such potition •^'•'"'•'"^"f '^""'^ 
 
 ' _ iiiittce. 
 
 shall bo referred ; and shall meet for busin(?ss the ibllow- 
 ing day at eleven o'clock, and continue to sit dcd'ic in diem, 
 until they have reported upon the same. 
 
 This Committee shall hear the arguments of the parties 'ts Duties. 
 complaining of, and also of the parties supporting, such 
 vote or votes ; but only one counsel or agent shall bo 
 lieard in support of any one party. 
 
 No member of this Committee shall be allowed to ah- And iicguia- 
 
 lioiis. 
 
 sent himself therefrom, without leave of the House, or an 
 excuse allowed by the House at its next sitting, upon 
 special cause shown. And this Committee shall never sit 
 until all its members to whom leave has not been given, 
 or excuse allowed, are met; and if they do not all meet 
 within one hour after the time to which the Committee 
 was adjourned, a further adjournment (till the next day) 
 shall be made, and reported, with the cause thereof, to the 
 House. 
 
 But before any petition praying for a Commltte of Ap 
 peal shall be presented to the House, the petitioners, or [Jiljuleut'ofcos"/. 
 
 Pcforc stich Pfti- 
 tion is prr-fiiU'd 
 I't'litioiiur- to cii- 
 
 ' II 
 
 I f. 
 
22G 
 
 ON PRIVATE BILLS. 
 
 Committee of anv ono of ihem, shall enter into a bond to tljc agent, or per- 
 
 ■ son nominated by the agent, ot the opposing parties, lor 
 
 the payment of all costs and expenses of the party or par- 
 tics who shall appear before the House in opposition to 
 such petition (such costs and expenses to be found and 
 
 To be assessed assessed bv the Clerk, or one of the Clerks Assistant of 
 
 by Ibe Clerk, •/ • i i 
 
 ^•c- the House) in case the Select Committee shall report to 
 
 the House that such Petition appeared to them to be friv- 
 olous or vexations. 
 Who mu-t ^0L to The sufficiency of the sureties, and th.e form of the 
 6uretles,''"&.c. bond, must be examined into and determined, by the 
 Clerk, or one of the Clerks Assistant; and that the names, 
 toorether with the additions, and usual places of residence, 
 of the persons proposed as sureties, be delivered in writ- 
 ing by the agent for the petitioners to the agent for the 
 bJ'Iri- opposite party, one clear day before luch Bond Is entered 
 
 Names, &c. of 
 Fureties to 
 veil to the other 
 party. 
 
 into. 
 
 Bills ingrosbcd. All Private Bills are directed to be ingrossed, examin- 
 ed, and brought to the Table of the House, according to 
 the priority in which tiiey have been respectively ordered 
 to be ingrossed, and to ensure the accuracy of the in- 
 grossments of Private Bills, the Clerk of the House is di- 
 rected to provide a suflicient number of Clerks to be call- 
 ed "Examiners of Ingrossments." 
 
 Aud examined. j^^jjd no Private Bill is to be read a third time until a 
 certificate has been indorsed upon the House copy, signed 
 by one or more of the said Examiners, declaring that the 
 ingrossment thereof has been examined, and that it agrees 
 with the Bill as amended by the Committee, and on the 
 the Report (w). 
 
 Third reading. '^^^ -^^^^ ^^Y ^^ vead a third time on the next, or any 
 subsequent day, after it has been reported, but notice of 
 
 (w.) S. O. U. of C. Id37. 
 
ON PRIVATF, RILLS. 
 
 227 
 
 the day proposed must be given at the Pr'vate Bill OtTicc, 
 by the Agent, one clear day belbrehand. 
 
 On the day appointed, the ingrossed bill being laid on '^''"■'^ retKhn-;. 
 the table (tied up with the House copy) by the Clerk in 
 the Private Bill Office, a member moves, "that ilio in- 
 " grossed bill for &c. be now read the third time." If 
 the third reading be opposed, it is usually done by moving 
 an amendment to this motion by leaving out the word 
 "now," and adding "upon this day six months." 
 
 If the question for the third reading be negatived with- 
 out any such amendment a motion sliould afterwards bo 
 made that the bill be read a third time " upon this day six 
 " months" {x). 
 
 If any amendments are Intended to l)e made to the bill Rvicrs. 
 in this stage, the new clauses (or ryders) should lie first 
 offered. Each clause must be separately ihgrossed on 
 parchment, and with such blanks as it would have had if 
 the same had originally been part of the bill presented to 
 the House, and must be read three times upon question, 
 and, (upon question also) added to the bill by way of ry- 
 der (i/) (See further as to the mode of annexing ryders 
 to bills, ante J). 177.) 
 
 No amendment for imposing or increasing any tolls or Amendments. 
 duties can be made in the House [z), but amendments for 
 disagreeing to or lessening tolls or duties may be made in 
 the House, either on the report, or the third rending (a). 
 
 The amendments, if any, which are made upon the third 
 reading, are always to be entered by one of the Clerks in 
 the Private Bill Office, upon the printed copy of the Bill, 
 as amended by the Committee, and deposited in that 
 Office (6). 
 
 (x) C. J. 24 March. 1766 ; Trent and Mersey Caual. 
 (y) C. J. 7 Dec. 1795; Grand June. Canal. 
 (z) C. J. 18 Feb. 1667; 20 Jan. 1T03. 
 (a) C. J. 27 April, 1809 ; Wear Navigation. 
 (6) S. O. II of C. 1637. 
 

 223 
 
 ON PRIVATE niLLS. 
 
 Kill passed. 
 
 Title. 
 
 Snnt to the 
 Lords. 
 
 Conspnt of the 
 Crown given 
 when required. 
 
 Rill considered 
 in the Lords. 
 
 If passed with 
 amendmeuts. 
 
 The question is then put ''that this Bill do pass". This 
 question is sometimes opposed, and if negatived, the bill 
 is lost, and cannot be renewed again that session. See 
 ante /?. 181.* 
 
 If any alteration be intended in the title, the new one 
 must be written on paper as a motion. If a new title be 
 not moved, the original one remains, except that "An Act" 
 is substituted for "A Bill." 
 
 The Bill is then endorsed by the Clerk, and ordered to 
 be taken to the Lords. The member that has been ordered 
 to carry up the Bill takes it off the table and holds it in his 
 hands, opposite the chair, till the Speaker directs the 
 Members to attend their Messenger. The Bill is then, or 
 at the earliest opportunity afterwards, taken to the Lords 
 by the Member, accompanied by at least seven others (c). 
 See further Chap. XIV. On Messages. 
 
 When any of the estates or interests of the Crown are 
 affected by a private bill, Her Majesty's consent is usually 
 signified immediately before the Report or the third read- 
 ing, by the Chancellor of the Exchequer, or some other of 
 the Privy Council (fZ).t 
 
 In the House of Lords, the Bill is generally read a first 
 time on the same day that it is sent from the Commons ; 
 and having passed the different stages in that House with 
 the same forms as in the other, except ingrossing (which 
 is done already) the Lords send a message to the Commons 
 that they have agreed to the same; the bill remaining 
 with the Lords to be presented for the Royal ^.- *rsent. 
 
 But if amendments are made by the Lords to the Bill, 
 they are transmitted to the Commons, and the same pro- 
 
 (c) Bra. 139. (d) C. J. 18 May, 1804 ; Bridghram Incl. 
 
 * See Appendix XYIII. for an example of the Forms required, in a Private 
 Bill, in the Notice, Petition, and Allegations that must be proved before the 
 Committee. 
 
 t See Appendix XX.— Form of Memorial (o the Treasury for the conient of tbe 
 Crowu to such a Bill. 
 
O',' rUlYAXr. DILI.S. 
 
 229 
 
 first 
 ions ; 
 with 
 hich 
 mons 
 
 Bill, 
 pro- 
 
 Incl. 
 •rivate 
 re the 
 
 of the 
 
 ceeJings take place upon ihem as on amendments to a 
 public ]>ill. (See ante, p. 1S3.) See also Chap. IX. On 
 Moneij Bills, if the amendments are of a nature that aftect 
 the privileges of the Comnion^, 
 
 For the manner of giving the Royal Assent to it, see R^y^i Assent, 
 also, tlie Ciiapter on Public Bills. After the assent is 
 given, Public Acts are enrolled and delivered into Chan- 
 cery, but Private Acts are not enrolled* without the suit of 
 the party, and therefore the original bill, filed among the 
 Bills of Parliament, and stamped with the Great Seal, is 
 the original record of such acts {e). 
 
 Private Acts do not bind sfrattgers, though they do not Privatp artsdo 
 
 „ , . . , ^ . 1 • c nol biiid ttran- 
 
 contam any savuig ot their rights. A general savmg ol gers. 
 the rights and interests of all persons whatsoever, except 
 the parties concerned, used to be constantly added to all 
 Private Bills, but it has been held that, even if such a 
 saving clause be omitted, the act will bind none but the 
 parties. It is usual, however, in preparing modern pri- 
 vate acts, to insert a special clause, explaining how far the 
 rights of strangers are Intended to be affected fj"). 
 
 APPIIOVED PllCCEDENTS FOR Till: FOKMATION OF PRIVATE BILLS, prpccflonf of 
 
 ,,,..., 1 • .■ 1 I-.- . V Private Bills. 
 
 (Witii siicli variations or aiidiiions as circuinstaacos may require.) 
 
 Recommtmlcd by Committee of the House of Lords, and adopted by the House 
 
 on the l-2th June, Ie27. 
 
 Inclosurf, with Coniimitation of i 
 
 Tytl.o-: ) 
 
 DraiiKige 
 
 lloati 
 
 Canal , 
 
 .Vest Ardslcy, h Geo. IV. cli. xiv. 
 
 Motlieriiislinm, 
 
 IVniple Normaiitoii,. 
 
 '•■-ike Forest, 
 
 ^ lli'tkl>ri«l?e, 
 
 ) Liverpool, 
 
 riianio;', 
 
 Viriiieu 
 
 Riiilway, 
 
 Tunnel, 
 
 Biiil;.'.' 
 
 Im;)r ovi'iiicnt, iGrosvenor Place, 
 
 Waterwork.*, Votiiniflinin 
 
 Oa.s Macclesfield, 
 
 C^liiirch Ripon, 
 
 Cha|)t>! r.richion, 
 
 Police iGorbal.', 
 
 7 Geo. IV. oh. xxxiv. 
 7 s. S Gen. IV. eh. iv. 
 7 Geo. IV. ch. xxx. 
 7 Geo. IV.cli. xlvi. 
 7 Geo. IV. ch. xlix. 
 .") Geo. IV. ch. civi. 
 7 Geo. IV. ch.lxii. 
 7 Geo. IV.ch.lviii. 
 7 Geo. IV. ch. cxi. 
 7 Geo. IV, ch. vii. 
 7 Geo. IV. fh. I. 
 7 Geo. IV. ch. iii. 
 IGeo. IV. ch. Ixxi. 
 
 (e) Dwar. 1:17. (/) Dwar. 635. 
 
 * The Clerk transcribes every Private .\ct, and writes at the beginning " in par- 
 '' liamcnto inchoat, ct tent &.i:. inter al. iiiactitat, ordinal et stabilit, fuit, sequens 
 " hoc statutum ad varbuin ut sequitur, viz ; — ThcnfoUoKs the Act, at the end he 
 
 ts<; 
 
 l^*^ 
 
 * --*.i 
 
 I; 
 
 r 
 
 ■ 
 
 a r 
 
230 
 
 ON PRIVATE BILLS. 
 
 l! 
 
 Other Private Acts, as Estate, Divorce, Naturalization, 
 &c. being solely of a personal nature, are not printed in 
 the Statutes at large. 
 
 Os Spr.ciAi. Pri 
 
 VATE UlLLS. 
 
 Bills for com- 
 pounding debts 
 iliir to tiic 
 I'lown. 
 
 PART II.~ON SPECIAL PRIVATE BILLS. 
 
 There are several other kinds of Private Bills which 
 are not regulated by the same rules that apply to Private 
 Bills generally, and which claim attention, viz : — Bills for 
 compounding debts due to the Crown, Divorce, Estate, 
 Naturalization and Name Bills. 
 
 1. Bills for compounding Debts due to the Crown. 
 The Petition upon which bills of this description origi- 
 nate must be accompanied by a certificate from the Officer 
 at the head of that department of the Revenue concerned, 
 stating the debt, what prosecutions have been instituted 
 for its recovery; and setting forth how much of it tho 
 Petitioner and his security are able to satisfy {a). 
 
 The Petition will be referred to a Select Committee, to 
 examine the proofs thereon, who will report to the House 
 on the following day. The petition will then be referred 
 to a Committee of the AVhole, where alone a bill of this 
 nature can originate {b). Tho day after the report, is the 
 usual time for the House to resolve itself into a Commit' 
 tee on tha Petition, and leave is then given to bring in the 
 bill. The bill having been previously printed, is present- 
 ed and read. After three days have elapsed, the bill, 
 having been examined by the Clerks in the Private Bill 
 Office, and certified by them to be duly prepared, may be 
 read a second time, when it will be committed for tho 
 next day seven night, to a Committee of ihe Whole. 
 The Bill having passed the Committee, on the follow- 
 
 (fl) S. O. IL of C. 25 Marcli, 1715. (b) Ibid. 29 March, 1707. 
 
 ■' adds) ego A. B. clericus pailiiimunti virtuto brcvis supradict dom. nos. reg. de 
 '- certiorand, mihi direct. *<t tiiis annex ccrtifico superius lioc scriptum verum ease 
 " tenor, act pari, suprndict, in C8 brcvi express. In cujus rei testimonium," &c. — 
 D'Ewos. 3U. 
 
 ^\m 
 
FOR COMPOUNDINfi DEBTS TO CROWN. 
 
 231 
 
 ing day their report must be prepared, with all the Com- 
 mittee's amendments. The Chairman of the Committee 
 on Ways and Means (which is a Committee of the Whole, 
 see Chap. XII. On Committees), will then report it to the 
 House, and the bill henceforward passes through both 
 Houses as a Public Bill ; and will be printed with the Pub- 
 lic Acts by the Queen's printer. The Lords receiving it 
 as a Public Bill, do not require any evidence in its sup- 
 port ; but it will there also, be committed to a Committee 
 of the Whole. 
 
 Before the bill Is considered in Committee, in the House 
 of Commons, it is the duty of the agent for the bill, or the 
 Solicitor, to provide printed copies of it, for the Chairman 
 and Clerk at tho table, with all the blanks filled up. The 
 agent must also supply printed copies of it for the use of 
 the Lords, (c). 
 
 2. Divorce Bills. 
 
 All Bills of this discription, from their judicial nature, Divorcn^u. 
 must originate in the House of Lords. 
 
 They originate upon a Petition presented to the House, Pc't'o"- 
 signed by the party applying for the Divorce*, or, should 
 he be abroad when the proceedings are instituted, by his at- 
 torney. The Petition must be accompanied by an official 
 copy of the proceedings and of a definitive sentence of 
 divorce, a mcnsa et thoro, in tho Ecclesiastical Court (a), 
 at the suit of the petitioner; the correctness of which must 
 be certified upon oath at the Bar of the House. 
 
 When leave has been given to bring in the bill, it may Biii. 
 be presented, read a first time, and ordered for a second 
 reading on the next day fortnight. And orders may be 
 then made for the required witnesses to attend the House 
 at that time. 
 
 The House of Lords have, on several occasions, shown 
 themselves sensitively alive to the great increase of re- 
 
 (e) Dwar. 319, 320. (,a) S. O. H. ofL. exit.— S8 Mar. nOS. 
 
 * For the form of this Petition, aeo Jppendix XIX. 
 
 H 
 
232 
 
 ON PRIVATE BILLS. 
 
 Clause required 
 ti> be inserted by 
 StuixliiiG^ Order, 
 but utterwurds 
 expunged. 
 
 Second reading- 
 ordered, nnd 
 urders made for 
 attendance of 
 liurtic^, &c. 
 
 If the guilty par< 
 ty be abroad. 
 
 Petition to dis* 
 pense with per- 
 soaal Korvice. 
 
 quired legislation in cases of Adultery, but with little suc- 
 cess, — bills which have passed that House, amendirg the 
 law of Parliamentary Divorce, by proliibiting the inter- 
 marriage of the guilty parties in such cases, having invari- 
 ably been rejected by the Lower House*. With the 
 samem otive also, the Lords, by a standing order, (a) retjuiro 
 that every Divorce bill shall contain a clause to the same 
 effect (prohibiting the intermarriage of oftiHidlng parties), 
 but as such a clause would, as a matter of course, be re- 
 jected by the Commons, it is now merely formally insert- 
 ed, and is invariably expunged (Z») by the committee on 
 the bill. 
 
 When the day for the second reading of the bill is ap- 
 pointed, the usual orders are made. Copies of these, as 
 well as a copy of the Bill, examined with the House Dill, 
 must be served on the party against whom the divorce is 
 sued. The usual orders are, " That notice be affixed on 
 "the doors of the House of Lords; that the Lords be 
 "summoned that the party applying for the divorce be 
 *' heard by his counsel, on the second reading, in support of 
 "the allegations of the bill; that, together with liie exa- 
 " mined copy of the bill before mentioned, notice he given 
 "of the second reading to the party against whom the di- 
 " vorce is sued ; and that he or she may be at liberty to 
 "be heard by counsel against the bill." 
 
 When the party upon whom the oiiice copy of the bill^ 
 &c. is ordered to be served, lives abroad, or absconds, or 
 secretes himself to avoid such service — applicaiiou must 
 be made to the House by petition, praying that leaving a 
 copy of the bill and ord<?r with the party's agent, or at 
 his last usual place of abode, may be deenied good service. 
 
 When a petition of tliis kind is presented, a person who 
 
 (o; !?. O. H. of L. clxxvi. 2 May 1809, (b) See Ellis, p. n2. 
 
 * As the Duke of AthoH's bill, in 1771 ; the Bishop of Durham's in 1779; and 
 ihe Earl of Mulgrave's, in 1800. 
 
ON DIVORCK r.IM.S. 
 
 
 can prove its alleo^atlons s'loulcl attend at the House, Aii.'cations of 
 that he may be called to the bar and examined thereto, 
 on oath. Upon ihls evidence being given satisfactorily to 
 the House, they will make an order that such service, 
 with a service of a copy of this latter order, shall be deem- 
 ed sutficient. 
 
 And by a Standinj^ Order of the House of Lords (c'', nirtvnppiying 
 
 . . ° . . . rf.i:..r.Mll.. 
 
 the petitioner for the bill is required to attend at the bar •'i.:i.ion sp«ond 
 
 / ' II i.liiii'. I>y ii 
 
 on its second reading, that he maybe examined as to 5^t>"'i':'i,'U'r»i«-«"' 
 whether there has been any collusion or consent be- 
 tween the parties, either to the act of adultery, the bill of 
 ilivorce, or any other matter relating thereto ; and as to 
 whether the wife was living apart, or in cohabitation when 
 the adultery took place. But although the form is still But tiisnumJ- 
 
 •^ _ ° _ ^ _ am o ij ili;])<.-uscd 
 
 observed, such attendance is now uniformly dispensed wuu. 
 
 with. 
 
 If the petition has been presented by the attorney of a iftiio pnrtyap- 
 piyiuu'beabroad. 
 person abroad, it will be necessary, on the usual orders 
 
 being made, to present another petition, stating that the 
 
 party suing for the divorce is resident abroad, and praying 
 
 that his attendance may be dispensed with. (For form of 
 
 such petition, see Appendix XX). 
 
 Previous to the day appointed for the second reading ; a Rrirf for tho 
 Brief should be prepared for the Counsel, comprising a 
 short abstract of the Bill, and a statement of the evidence 
 intended to be produced in support of its allegations. 
 
 On the day appointed for the second reading; after the Second Reading, 
 service of the orders and office copy of the bill has been 
 proved, tho bill will be read a second time, and counsel 
 heard in support of it, and witnesses* called, to prove tho 
 
 (c) S. O. H. of L. cxlii. 28 March, 1798. 
 
 * See the Act IGeo. IV. cli. 101 — "To enable the ex niination of Witnesses to 
 " be taken in India, in supportof Bills of Divorce for Adultery committed there," 
 which provides that thn Speaker of either House of Parliament may issue his 
 Warrant for the examination of Witnesses iu India, in such cases, and that he do 
 transmit the same (in duplicate) to the .ludg-es la India, who, upon the receipt 
 thereof, must examine lite Witnps?c«, and transmit two cfitifipil copies of sii';h 
 
 :t| 
 
 
234 
 
 OS PRIVATE niLLS. 
 
 Allocations of 
 tho billpiovcd. 
 
 Witnesses. 
 
 T^ill committed, 
 ri>|)ortcd aud 
 passed. 
 
 lu the House of 
 ConiinouMi. 
 
 ProceediDgo ou 
 the Bill. 
 
 State of the family, the act of adultery, and oilier allega- 
 tions of the preamble. 
 
 The marriage must be proved by the production of a 
 copy of the Register, with satisfactory evidence as to the 
 identity of the jiarties. If solemnized abroad, it must bo 
 shown, by persons acquainted with the law and customs 
 of the place, to have been performed agreeably to the 
 rites, ceremonies and law of the country. The settlement 
 (if any be recited in the bill) must be proved by the sub- 
 scribing witness. The definitive sentence made by the 
 Ecclesiastical Court, and delivered in at the Bar with the 
 petition, must now be proved and read. 
 
 The original record of a judgment given in one of Her 
 Majesty's Courts of Record, with damages, should be pro- 
 duced. This is not required by any Standing Order, but 
 is usually observed as a rule of caution, that it may clearly 
 appear that no collusion between the parties has taken 
 place. 
 
 All witnesses are sworn at the bar before examination. 
 
 The bill is then committed to a Committee of the whole, 
 reported by the Chairman to the House with the amend- 
 ments (if any be made) and ordered to be ingrossed. It is 
 then read a third time and transmitted to the House of 
 Commons. 
 
 In the House of Commons the ingrossed bill is generally 
 read a first time on the day it is sent from the Lords. 
 When three clear days have elapsed, it will be read a 
 second time, and referred to a Committee of the Whole for 
 the next day seven-night. An order will also be made, 
 " That it be an instruction to the Committee that they do hear 
 
 examiuatiuD to the Speaker i'-foresaid, «!iich shall bo deemed, good evidence. 
 This Act further nitons the Judges to sumniou such other Witnesses and to ask 
 such further questions as they may deem necessary, aud to name Counsel to 
 attend in opposition to tbo Bill. Where such Warrants have been issued, the 
 proceedings are not to be discontiaued by prorogation or dissolution of 
 Parliament. 
 
ox ESTATE nrLL«. 
 
 235 
 
 " counsel and examine witnesses botli for and against the 
 " bill." The same observations and rules as to the ser- 
 vice of the order and copy of the bill in the Lords, ap- 
 ply to the service here, which must either be personal, 
 or, in the absence of the party, made on the agent, with 
 leave of the House. 
 
 Counsel will be heard before the Committee* In 
 support of the bill, as in the other House, and the like 
 proofs will be re<juired, except that the parole evidence 
 cannot be given upon oath. It is required by a Standing 
 Order of the House of Commons (d), (which was observed rroafrefiuirfi 
 not to be the case in the Lords), " That before any Bill of iiainaycs having 
 
 , _ be<Mi olitiiincil ia 
 
 "Divorce for Adultery do pass the House, Evidence a Com loiLaw. 
 
 " be given before the Committee to whom the Bill shall 
 
 " be referred, that an action for damages has been brought 
 
 " in one of Her Majesty's Courts of Record at Westmin- 
 
 *' ster, or in any one of Her Majesty's Courts of Record 
 
 " in Dublin, against the persons supposed to be guilty of 
 
 " Adultery, and judgment for the plaintiff had thereupon; 
 
 *' or sufficient cause be shown to the said Committee, why 
 
 •* such action was not brought, or such judgment was not 
 
 " obtained." 
 
 3. Estate BiLLs.t 
 
 Bills of this description almost invariably have their Estate Bills. 
 commencement in the House of Lords, except they ocn- Generally com- 
 tani provisions which render it necessary tor them to origi- Lords. 
 nate in the Commons.^ 
 
 id) C.J. 13 July, 1837. 
 
 * It would appear that the House of Commons is becoming more sensible of 
 the evils which must attend the public discusEion of questions of lliis untiire in 
 Committees of the whole — for by Resolution of tlie House, on the 12 February, 
 1840, a Select Committee, consisting of nine Members, was appointed, "for tho 
 '* preliminary investigation of Divorce bills, in order to supersede tho examination 
 " of witneese.s at the Dar." 
 
 t For the following summary of the proceedings on Estate Bills, I am princi- 
 pally indebted to the valuable v/ork of Mr. Dwarrison the Formation of Statutes. 
 
 } See C. J. v, 26, p. 758, where Lord Ashburnam's Estate Bill— and C. J. v. 29, 
 p. 274, the Duko of Bedford's Estate Bill — sent down from the Lords, were laid 
 
 ' "it'll 
 
Ill 
 
 liM 
 
 11 
 it 
 
 1 
 
 S3G 
 
 0\ rUIVATF, lUI.I..- 
 
 Orisrintitc on 
 
 |)UlltlOU. 
 
 Contents of 
 putiiiuii. 
 
 Nolico rcqiiirod 
 to bn iniiile niter 
 putitiuii is |ii-e- 
 Huiitud.in u cc'i- 
 tiiiii ca»u. 
 
 Petition referred 
 to tlie Judutis for 
 tlieir le^iil opin- 
 ion on tlic niuu- 
 surc. 
 
 Proceedings he 
 lore tlie Judsc:;. 
 
 Supposing them, liowever, to commence, as they gene- 
 rally do, in the Upper House, a petition must be present- 
 ed prnyinj^ that leave may be given to bring ir) a Bill for 
 the purpose, which must bo signed by all parties concern- 
 ed in sucli J3ill {a). Tliis petition, it will be seen, is reler- 
 red to two of the Judges, before whom all parties con- 
 cerned in the proposed bill must appear. 
 
 The contents of the petition will necessarily depend on 
 the objects of the measure — but the ground of the applica- 
 tion, tliu intent of the parties, their relative situation, and 
 the state of t])eir claiujs, must be clearly stated, and the 
 necessity for Parliamentary interference made manifestly 
 to appear. 
 
 The only notice required in applications for Estate bills, 
 is, in the case of the estate being mortgaged, when the 
 Standing Orders require (Z») that as soon as a petition is 
 presented for a private bill, notice shall be given to any 
 person being a morgagee upon the said estate. Trustees 
 must be made parties to the petition (c). 
 
 If the bill concern Estates in England [d) the petition 
 is referred to two of the Judges of that country ; if it con- 
 cern lands or heritable subjects in Scotland, it is referred 
 to two of the Judges of the Court of Session in Scotland ; 
 and if it relates to Estates in Ireland, it shall be referred («), 
 if the parties desire it, to two Judges of the Court of 
 Queen's Bench, Common Pleas or Exchequer in that 
 country {f). The general instructions to the judges of 
 either part of the Empire, are precisely the same, but the 
 directions as to receiving consents and other particulars, 
 slightly vary. 
 
 The judges are fortlivvith to summon all parties before 
 
 (a) S. O. II. ofL.cxxxiii. clviii. (6) S.O. II. of L. cl ; 29 April, 1799. 
 
 (c) II). cxiviii. (d) lb. xcix. ; IC Feb. 1705. 
 
 (,c) lb. cxxxi. (/) lb. clvi. 
 
 aside, and new bills ordered. See also Mr. Hatsell's remarks on tUe contents of 
 these bills, 3 vol. pp. l;2G-7. 
 
ON r.sT.vrr. niixa. 
 
 237 
 
 ihcm who may be concerned in the bill ; ami, after hearing 
 all the parties and perusing the bill, they ore to report to 
 the HoLisci of Lords the state of the case, and tlieir opin- 
 ion thereupon, under their hands ; and to sign the bill. 
 
 The sanno method is observed with Estate bills sent ''""! Biiihn.i 
 
 rMtic from llifl 
 
 from the Commons, before their second reading, by send- Comiiious. 
 ing a copy of the bill signed by the clerk, in every case, 
 to the Judges for their approval, without which tho 
 Lords will not entertain the bill. 
 
 Persons concerned in such bills, residing in Scotland or {iprconrmird*^ 
 Ireland, may give their consent (g) to their passing- in ''o** e'*cu. 
 Scotland, before the two Judgcvs of the Court of Session — 
 and in Ireland, before the two Judges to whom it shall be 
 referred — and the certificates of the said Judges that the 
 persons did, in their presence, give their consents and . 
 
 sign a bill (which bill, together with the certificates, must 
 be produced) shall be held sufficient evidence of their 
 consent. 
 
 And it is a general instruction to such Scotch and Irish 
 Judges, that they take no notice of any consent unless -fhny inu»t bo 
 it has been given personally before them, or made mani- l^Tcxcei)!.*^ 
 fest to them, by an instrument under the hand of a notary 
 public, that the person cannot attend, and doth consent. 
 
 In England, the witnesses in support of the petition, 1) lUe'^Brr *f "[," 
 must be sworn at the Bar of the House of Lords, to give "''"«« «f Lords, 
 true evidence before the judges (/t); for which purpose 
 the English Judges send to the House a list of the requir- 
 ed witnesses, who are sworn accordingly. A certificate 
 of the administration of this oath, under the hand of the 
 Clerk of the Parliaments, must be produced before the 
 iudges. The Irish and Scotch Judsres to whom such a ,K*c«P'i'i*«ot. 
 
 -I o o ]a,ni nud Ireland. 
 
 petition is referred, are empowered to swear the witness- 
 es themselves {i). 
 
 I 
 
 !m.iI 
 
 if 
 
 I 
 
 Lg) 8.O. H. of L. cxxxii.clvii. 
 (t; By tho Act 41 Geo. III. eh. 106. 
 
 A) S. O. H, of L. ciii. ; Sd Dec. 1706. 
 
 20 
 
 i 
 

 I 
 
 , 
 
 23S 
 
 O.N ruivATf; f;iixs. 
 
 If'llir wiliir^iiio;* 
 iiiii rcfratloiy, 
 
 Allof/ntioiis of 
 (lie Ft'tiljtiti 
 provoU l>cfore 
 
 tlik- Judj,'i'!>. 
 
 M'lio then 
 rt'jmrt. 
 
 Ill case of tlic rofusul of any witness to attciiJ, or to 
 procluco any re(]uiroJ documents before llie Judges, 
 recourse must be hail to the House itself by petition (/c). 
 The petitioner will generally be called to the bar to 
 support his allegations upon oath. Jf satisfied, the 
 House will give the necessary order, and cause it to bo 
 enforced. 
 
 The next step is to get a meeting of the Judges, and to 
 attend with all tho parlies conci rned, and the necessary 
 witnesses, to prove before liiem the aUegutions of the pe- 
 tition. First, the sigriutuie to the petition must be jM'oveJ 
 in the usual way ; then all deeds and documents must bo 
 produced and proved by the suijscrlbing witnesses; all 
 baptisms, marriag(;d and deaths be shown by the pro- 
 duction of extracts frum the Registers ; and all other facts 
 established in the regular way by legal evidence. Whea 
 this has been done, the Judges, if satisfied of the facts, and 
 approving of the bill, will make r "" sign a repot t,* and 
 sign the bill. 
 
 Tlio report briefly stales, that the Judges have been 
 attended by an agent of the petitioners, and have consid- 
 ered the several allegations and matters contained in the 
 petition, and find the same to be true ; that the facts have 
 been proved before them to their satisfaction ; that the only 
 parties who appear to them to be beneficially interested 
 in the consequences of the bill have signed the petition ; 
 and that they (the judges) have perused and signed the 
 bill anneiced to the report, which they conceive to be pro- 
 per for elK?ctuating the purposes aforesaid. 
 When the bill Wlion an Estate Bill originates with the Commons, it 
 
 hHs begun ill the . ^ r- • ■ ^ ^ ^ ^ t •.. • » 
 
 Commons, the IS read a hrst time in the Lords the same day it is sent up, 
 the6»«, unduot and then immediately referred to. the Judges for their 
 
 lbs petition. . . _,, . , . i i £• ^t. ' 
 
 opinion. The witnesses being sworn at the bar ot the 
 House, the Judges receive and consider their evidence, and 
 
 {k) L.J. V. 31,1). 590. Ellis, 24. 
 
 * See Appcndi.\ XIX. for Judges' Report, and rctition that niiiat be made to 
 receive tbc sime. 
 
 Judges' Jleport. 
 
ox i:s TATF. Dir.1,3. 
 
 23 f> 
 
 report to tlio House. IJiit in tlic above case, when the Mil 
 it-jeir, aiul not tlio petition, is subniittoJ to tliem, it is nsual 
 for tlioin, if tlicy do not .Tpprove it, to make a special re- 
 port of tlioir objections to the House, whetlicr they lire 
 to the principle <»f the bill, or to any of its provisions. 
 When the report is general arxl favorable, the juc]<^es 
 state that they have perused the bill, and conceive it to be tUr^'n-^Hncl-' 
 
 n \ '.ii 1 !•••„. l» V(»i.il)lv, ImiI <Ii» 
 
 proper tor the purposes intended, ana arc ot opinion that „,,, ,jy„ j|„, i,ji|. 
 it way be reasotiablo that the same shor.I l pass into a law, 
 if th(!ir Lordships shall so please; but they do not sign 
 the bill. 
 
 The next point (I) re(inirin2: attention is the delivery of •^"P'"'-'^'"- , 
 a copy of the petition and the judges' report to the Chair- Uiiioidcr.d. 
 man of Committees ; without which no bill can be read a 
 first time. Tlie bill and report must theri be presented to 
 the House, with a breviate ibr the Speaker; and upon the 
 Judge report being read, if it be favorable, leave will be 
 given to bring in the bill, and it will receive a first read- 
 ing ; and, if it be printed, which it usually is as soon a3 
 the Judges approve of it, may be read a second time the 
 day following. But this can only be effected by the bill 
 being sent to the press in sufficient time to enable the 
 agent to deposite the prints with the Clerk of the Parlia- 
 ments, to be laid on the table of the House for the peru- 
 sal of the Lords, in sufficient time, on the day proposed 
 for its second reading (w). 
 
 At the opening of every session, a day is named after Timn fomrri- 
 
 1 • 1 I TT -11 • ^1 VillU .Ill(lj.'C8' Rc- 
 
 whicn the rlouse will not receive any report from the ports limited. 
 Judges upon petitions for private bills. Indulgence, how- 
 ever, is often extended, and, on petition presented, with 
 sufficient cause shown, the Judges' report may be receiv- 
 ed, thougli the time for receiving such reports has elapsed. 
 
 ,,-,, • • f« t 1 Ml • Prnvihiniis oftlio 
 
 I no provisions ot tne bill are, in a great measure, regu- Bill ciiioiiy regu- 
 lated by certain standing orders of the Lords. Thus by iiigOrdcis! 
 
 
 0) p. O II. of L. rl.x.w. 
 
 (m) S. O. IT. of L. xcvi. 
 
240 
 
 ON PRIVATE BILLS. 
 
 Anil propfr 
 iif,'r«'oiiioiit pro- 
 iliiccd for the 
 purchase. 
 
 Or, ill default, 
 satisfactory sot- 
 tleineut of pur- 
 rhase inoiioy in 
 the Baak.iikc. 
 
 a Standing Order of that House (n), substituted in lieu o( 
 ^, , a former order, " When a bill is brougfht in to empower 
 
 Thus, the Com- • i 
 
 iniucearoor- "any pcTSon to Sell or dispose of lands in one i)lacc, and 
 
 •lered to see that , . ' . 
 
 tiin values are ** to buv or Settle lands in another, the Coiiirruttee are in- 
 
 iully made out. 
 
 "structed to take care that the values be fully made out; 
 "and if the bill shall not b^i for making a new purchase, 
 " but only for settling other lands in lieu of those to be 
 iiiade."'°" ""^^ "sold, then provision shall be made in the bill, that such 
 "other hinds be settled accordingly ; but if the bill shall 
 " be to purchase and settle other lands, then the Commit- 
 " tee are to take care that there be a binding agreement 
 "produced for such new purchase; or If it sliall be 
 " made appear that such agreement or such purchase can- 
 " not then be made or settled as desired by the bill, 
 "provision shall be made in the bill, Jhat so much 
 "of the money arising by sale of the lands dir'cted 
 " to be sold, as is to be laid out in a new purchase, 
 " shall be paid by the purchaser or purchasers into the 
 "Bank of England, in the name and with the r^rivity 
 " of the Accountant General of the Court of Chancery, to 
 "be placed to his account '.here ex parte the purchaser of 
 " the estate of the person mentioned in the title of the 
 " said bill, &c. without fee or reward, &c. and shall, when 
 " so paid in, be laid out in Navy, Victualling, or Exchequer 
 " Bills ; and the interest, &c. with the money received 
 " for the same as they shall be respectively paid off by 
 " government, shall be laid out in the name of the said 
 "Accountant Cioneral, in the purchase of other Navy, or 
 riitii a proper " Victualling bills, &c. all which said bills, &c. shall be 
 
 )>iirt.'ha.s(!r can be '^ 
 
 r.miid for tie "deposited in the Bank, &c. and shall remain there until 
 
 !i,4iiic,or otl;cr- ' ' 
 
 " a proper purchaser be found and approved, and until 
 " the same shall, upon a petition preferred to the Court of 
 " Chancery, be ordered to be sold for completing such 
 " purchase : and if the money arising from the sale of such 
 " bills, &c. shall exceed the amount of the original pur- 
 
 W ISC. 
 
 Provision for in- 
 ceiue of ii outty 
 
 i ' |;iillf«'ll. 
 
 (fO !S. O. U. of L. clix. Eiuendat. i Mar. 1806. 
 
ON ESTATE BILLS. 
 
 241 
 
 " chase money, the surplus simll be paid to such person or 
 ** persons respectively, as would have been entitled to re- 
 "ceive the rents and proiits/' 
 
 The reader will have observed that in the beginning of ,;, J|",*'.^J,,V"^' 
 of the above order, it was an instruction to the Couimiitee ''."|.',',,^ ,.^ 
 to take care that on all the occasions to which it appli'd, ',,'„'J.'.'~/,i"l,.,v„ 
 " the valies were fully made out" \Vi»h the same obj'^ci, revVnivo"' '"''''' 
 it is directed by another Standing Ordi-r {o), " that ui any 
 "private bill for exchanErinsf an estate in settlement, and 
 "substituting another estate in \\cn diereof, there shall bo 
 "annexed a schedule or sched'il"s f such rf;siteci".e es- 
 " tales, showing the annual rent and valiie tlu'roof", and the 
 "value of the tmiber growln<T thereupon''; and in p.U pri- A!«o.irtiirt nni 
 vate bills for selling a settled estate and purchasinjj another Ks.uiVr-.iupnr- 
 to be settled to the same uses, ther.J shall he aiuicxed" a /./'."VI,', '""!,'''''''" 
 " schedule or schedules of such estates, specli\'ii;g the an- pi.',',v'''i'he;bro*' 
 " nual ront thereof; and every such schedule shaU be sign- ^'""""-'''eo. 
 "ed and proved upon oath, by a surveyor or other com- 
 " petent person, before the committee on the bill." 
 
 It is also required (p), when any of the parties Interest- J^™,',!^/," ""'"*.* 
 cd in any private bill have power by such bill to name ;>i>P"'iitmi;iit of 
 
 '' ' r ./ J ru^toe^J on 
 
 a trustee in the I'oom of any trustee dying, or resigning, or vacancies, &c. 
 refusing to exercise his trust, that provision be made in 
 the bill, that such now trustee shall be appointed by or 
 with the approbation of the Court of Chancery. 
 
 And it is ordered (q) that the Chairman of the Commit- <;;''"''•""»" of 
 
 ^-'' I iiiiniittee must 
 
 tee on any such private bill, shall state to the House, on ^"" ' " •'fH't''- 
 
 •^ *■ _ tl..'M' orders have 
 
 reporting, how far the orders of the House in relation '"♦'," t""ui»i'ed 
 
 ' ° with. 
 
 thereto have or have not been complied with. 
 
 There are similar Standinef Orders rospectinef the selling: ^''^f proviniom 
 
 . -, ^ r o b rpquirrd if the 
 
 and settling lands in Scotland (r) ; and the same of lands l^ nuns nro situ- 
 
 T 1 3 / \ rni /• T 1 II "led iu Scotland, 
 
 in Ireland (*). Ihe lormer directs the moneys to be pla- <fcc. 
 
 m 
 
 'm 
 
 :^|v 
 
 1 
 
 'ill 
 
 urn 
 
 'I 
 
 i i 
 
 (o) S. O. If. of L. cli.— 99 April, 1799. (p) lb. cxli.v. 
 
 (q) lb. clii. (r) lb. cliii. 
 
 (j) lb. dviii. 
 
2i2 
 
 OS PRfVATE BILLS. 
 
 ced "in the Bank of Scotland, or the Royal Bank of Scot- 
 *' land, or the Bank of the Bri'ish Linen Company in Scot- 
 "lanJ." The latter requires it to be laid out " in the pur- 
 " chase of Irish government debentures, or Irish treasury 
 *' bills, and that the said bills be deposited in the Bank of 
 "Ireland"; for these previsions reference can be made to 
 the ordoi-s themselves. 
 
 Consent. After alluding to the consents of persons as taken in 
 
 Ireland and Scotland (before stated), another Standing 
 Order of the Lords (t) directs that it shall be sufKcient 
 to have the consent of persons concerned in Estate bills, 
 in certain proportions therein furnished and prescribed. 
 
 Must chiefly be But the subject of consents, which in bills of this nature is 
 
 proved bol'ore j- i ^ • i mi • i 
 
 Conuuittcc. exceedingly material, will come with more propriety un- 
 der the head of "committee," it being there tliatthis impor- 
 tant requisite is watched with the closest attention. On 
 the second reading tlie bill is committed, usually for that 
 day fortnight. The allegations of the bill must be proved 
 piov^e'd'anfi wTt-" '^^''^h ^^^ greatest exactness before the committee, and it 
 nessys re-bworn. ^j]| j^g necessary for the witnesses who have given evi- 
 dence thereon before the Judges, to be re-sworn at the Bar 
 of the House of Lords. 
 AKcgationsofthe Tho allegations of the Bill having been satisfactorily 
 priety oV'the^'^" provcd, the ncxt thing to be shown is, that the alteration 
 proved.' is for the benefit of the parties concerned ; or that they 
 
 are desirous it should be effected, receiving an equivalent 
 or compensation. And that there are no other parties 
 entitled to, or who can at all prefer a claim for compen- 
 sation. 
 And that it is for The most solicitous attention is given by Parliament to 
 
 the interest of i • i -i • n • j u ■ 
 
 the parties con- the Hghts and interests ot parties concerned, as maybe 
 seen by the notice before mentioned, required to be given 
 to mortgagees on the estate in question. But there arc 
 certain rights, of which, being remote or defeasible, the 
 
 Bill coniniJtled. 
 
 (() S. O. H. of L. cxcvji.— 5 May, 161 S. 
 
OS ESTATE BILL"!. 
 
 243 
 
 House Will not take cognizance, it being a Standing Order Pfinirs whn^c 
 
 PITT n t 1 C t •• COIlsCIil ii u«.t 
 
 or the House of Jjords of 1799, tnat where one petitioner rciuina. 
 for a private bill is a tenant for life in possession, and an- 
 other petitioner is tenant in tail for the remainder, and of age, 
 and when the two together can, by deed, fine, and com- 
 iDon recovery, bar the rights and interests of all p(;rsons 
 in remainder after the estate in tail of the petitioner — the 
 committee shall not, in such case, be required to take the 
 consent of any of the parties in remainder after the estate 
 of such tenant in tail. 
 
 But, in general, the object of an estate bill is to leave 
 the title exactly as it stood under the ownership of the tes- 
 tator or settler, liberating it (r) from certain uses whicli 
 he has declared, and paving the way for a new or more 
 convenient settlement, by selling, part of the land with a 
 view to the purchase of others more convenient; or to au- 
 thorize partitions, exchanges or tho like. 
 
 It is the same Standing Order of the Lords ho), whirrn "'^nsoi-ts m'.ist 
 
 . ... . --ipcisoual. 
 
 prohibits the committee on the bill sitting until ten d;iys 
 after the second rea<ling, and makes the jjrovisiors hofnre 
 mentioned, that consents to private bills in general :"nust be ^ , «- 1 •• 
 
 ' I ^ Or Iiy afTiclavits 
 
 personal, or by aflidavit made by two credible persons ||^'jj'^'^|,j"'"^'''* 
 (not interested in the bill) of the inability of the consenting 
 party to attend, but stating that the absent party signed a 
 printed copy of the bill in their presence, and gave his 
 consent to its passing into a law. This copy of the bill 
 must be annexed to the aflidavit, and it will then be mere- 
 ly necessary to prove the hand writing of the Master in 
 Chancery before whom it was sworn — without the above 
 it is a general Instruction to all committees (x) to take no 
 notice of such consent. So Trustees appointed by a bill 
 must personally appear and accept the Trust. In the jyo,"o,^^nJ^",V- 
 order (ij) requiring the personal attendance of Trustees {'he mll't.'^'^'^'^^^ 
 
 (r) Preston on Abstracts, v. I, p. 164. (tr) S. O. H. of L. xciv. 
 
 (r) S. O. H. of L. xcir. L. J.20 April. 17!»?.— Fmf»</<jf. ixr ord.o Juac, 1628. 
 
 iy) II). oi. 
 
 
 i:1 
 
 H 
 
 -:i 
 
 i 
 
 '*■( 
 
 Iff 
 
 1 ■! 
 
 w 
 
 ill- 
 
 1 
 
 a 
 
 i T 
 
 !i 
 
 f 4 J 
 
 i-1 
 
 
244 
 
 ON PRIVATE BILLS. 
 
 As to consent of 
 parties having 
 ouiy a life iuler- 
 
 esL 
 
 Or if Cliildren's 
 fortuuo be sncur- 
 6il ou tiic Estate. 
 
 How far consent 
 of Trustees ia 
 required. 
 
 there is no exception for illness or inability, or indeed any 
 qualification whatever, so that in case of a Trustee being 
 prevented from appearing before the committee, there 
 must bt; a special report to the House, and a clause added 
 in the House, to enable such Trustee to accept the Trust 
 afier the bill has passed*. 
 
 It was before noticed, that the consent of persons enti- 
 tled to remaind- rs or reversions, subse(]uci)t to the estate 
 of a tenant in tail, was not required {z). But in certain 
 cases, very great caution is most properly exercised. 
 Thus, it is provided {a) that when any married or unmar- 
 ried woman, or any widow, desirous to consent to the sale 
 or exchange of any estate in which she may have an inter- 
 est, or upon which she may be ontithd to a jointure or 
 rent charge of any sort, or if siie f hall desire to sell, or 
 otherwise dispose of all, or any part of such jointure, rent 
 charge or interest, the committee shall require not only 
 her own consent in person, but that of her trustees. 
 
 So when any estate is proposed to be sold or exchang- 
 ed, on which thi> whole or any part of the fortune of any 
 child or children is secured (i) ,or in which any such child 
 hath an interest, the committee shall take the consent of 
 any such child or children, if under age, by their parents 
 or guardians, and if of age, then by their personal consent, 
 with that also of their trustees. 
 
 And again, the consent of all trustees shall be required 
 in person before the committee, where any money is to 
 pass through their hands, whether for jointure, pin-money, 
 the fortunes of younger children, or any other interest 
 ■whatsoever (c), but the consent of trustees to preserve 
 contingent remainders only, shall not be necessary. 
 
 (z) S. O. H. of L. cxlv.see ante p. 243. (a) S. H. O. of L. cilvi. 
 (b) ib. cxivii. (e) ib. cxiviii. 
 
 * As iu the case of the Arckbiihop of Canterbury's Estate Bill ia 1807 ; and tb« 
 Uollaad Chapel Bill, iu 1809. 
 
ox NATURALIZATION iULI.S. 
 
 245 
 
 Id 
 
 tve 
 
 »h« 
 
 The Chairman will then report the bill, with any Rrporf. 
 amendments, to the House. The ingrossed bill will after- 
 wards be reaJ a third time, and sent to the House of Com- J„j {Ij^j'jj*^ ,^",'„ 
 raons [or their concurrence, where it will be read a first'"""'" 
 time the day it is received. Printed copies must be de- 
 posited with the doorkeepers, previous to the second 
 reading. 
 
 There is nothing requiring particular mention in the "y"**^ °^ *"*"" 
 
 manner in which estate bilh are passed through the House 
 
 of Commons. The signatures of all parties interested 
 should be procured to a copy of tlie bill, and proved before 
 the Committee. The Clerk of the Journals of the House 
 of Lords attends on the day when the Committee sits» 
 with the books of evidence taken in the other House. 
 The Committee satisfy themselves that the allegations in 
 in the preamble are proved. The bill is then reported, 
 read a third time, passed, and returned to tlie Lords. 
 
 4. Naturalization Dill?. 
 
 Naturalization is that power by which an Allen or Den 
 izen* can, with certain exceptions, be put on a level with 
 those born within the Kinof's Lio;eance. It cannot be 
 effected but by the interposition of Parliament, for which 
 purpose a bill is introduced, which may have its com- 
 mencement in either House. 
 
 Bein"r a private bill, it must orii>lnate on petition, but Onffmntooa Fo 
 ... . .laioii. 
 
 before the j)elltIon is presented the performance of 
 
 certain duties is required of the petitioner. 
 
 If he be of the age of eighteen or upwards, he must 
 
 * A Denizen isau Alien liorn ; but who Ii:i« olituinnd, p.x donatiune Regis, Let- 
 ters Patent to make him a Biitish subject. He miiy tiiko Lamlii b_v purchase or 
 dtvisf, l>ut not by Inheritance, for his parent, thruii^'li wlioin he niu.'st cUiin, being 
 A:\ Alien, liail no inheritable blood, and therefore could convey none to his »on ; 
 and, fro:n a like defect of hereditary blood, t!ie i.ssue of a Denizen, boru be/art 
 denizatii>u, cannot inherit to him, but his issue born after t»ay. 
 
 The children of an Alien IS'atHralized, burn before tlie Act of N'jturulizaliou 
 passed, m-ij inherit his Estates. (Ellis on Ptivatc Cill^, 2J0.) 
 
 S II 
 
 Nati'rvlizatios 
 Dills. 
 
 n 
 
 Vi 
 
 tJi 
 
mmmmm 
 
 24G 
 
 ON PRIVATE BILLS. 
 
 Stops ili-.it must 
 l)e tqkcn by tlit- 
 piirty Ijcfore pe 
 titioaiiig'. 
 
 Ir under nge. 
 
 Petition made 
 nnd hill pre- 
 soutuit. 
 
 Disablin^'clauses 
 that must bu iii- 
 surtuil ill the Bill. 
 
 Preventing the 
 party from being 
 a Member of 
 Pai'linmrnt, Sic, 
 
 have received Sacrament of the Lord's Supper within one 
 month {a) of the presentation of the bill, — by practice he 
 geiKirally receives it on the Sunday previous. 
 
 He must also, upon the second reading of the bill, lake 
 the oaths of Supremacy and Allegiance in the Parliament 
 House, before the Lord Chancellor, if the bill originate in 
 the Upper House, or the Speaker of the House of Com- 
 mons, if it coinmence in the Lower — who during the bes- 
 sion have authority to administer the same. 
 
 If he be under the agfe of eisfhteen his Father or Guar- 
 dian must present the petition, and appear for him before 
 the Committee. And on proof being given, that the Minor 
 has been educated in the Protestant Religion, he will not 
 be required to take the Oaths of Allegiance or Supremacy, 
 or to receive the Sacrament. 
 
 The Petition for the Bill must bo signed by the party 
 making the application. 
 
 The Bill is generally presented the same day as the 
 petition, and is not, like other Private Bills, required to 
 be printed (Z»). 
 
 By the following Acts of Parliament, all Naturalization 
 bills must contain the disabling clauses there referred to. 
 
 By 1 Geo. 1 stat. 2, ch. 4. No person shall be natural- 
 ized unless the bill contain a clause declaring that such 
 person shall not be enabled to be of the Privy Council, or 
 a Member of either House of Parliament*, or enjoy any 
 
 (rt) Stat. 7 Jac. I. ch. 2. (6) S. O. H. of C. 1837. 
 
 ' * Ry the common law, all born hors de ligeance were aliens ; and, till the act of 
 celtlement (t'2<&. 13 Win. III. ch. 2) Scotch and Irish were not eligible to be mem- 
 bers of Parlianieut (1). That act declared, that none born out of England, Scot- 
 land or Ireland, or th« dominions thereto belonging, though uaturalized oi made 
 II denizen, unless burn of English parcnis, should be capable of sitting in the 
 Privy Council, or either House of Parliament (2). It therefore excluded all 
 born hors de ligeawe, both of whose parents were not Evglish. At the disper« 
 sioii of the French Piotestants, a general nuturalization net was passed [l Anne, 
 ch. 5.) by whicli all persons bcru kors de ligeance taking certain oaths, and re- 
 
 (I) Glanvytie, 12-2. C. J. v. 1, pp. 798, 821 ; v. 8, p. 42. 
 
 (;i; liih uN.j '25 l".'.lw. ill. »tut. "J ; C'ro. Car. 001 j 1 151. Cora 373, 
 
O.V NATURALIZATION BILLS. 
 
 247 
 
 office of truat, or have any grant from the Crown ; and 
 no bill of Naturalization shall be received without such 
 clause. 
 
 But in the case of a foreigner distinguished for his emi- "«>» iiismny be 
 nent rank and services, desiring to be naturalized, it is 
 usual to pass an act for the repeal of these statutes in his 
 favour, and then to pass an act of Naturalization without 
 exception (c\ 
 
 By the 14 Geo. III. ch. 84, there must be inserted a 
 clause disabling the person from obtaining thereby, in anv hi^r-.uicnie for 
 foreign country, any immunity or indulgence \n trade, '"r* he can simre 
 enjoyed by natural born British subjects, unless he shall '•"•"le. 
 have resided in Great Britain or its dependencies, for 
 seven years next before the commencement of the Ses- 
 sion in which he is naturalized, and shall not have been 
 absent from the same longer than two months at one time, 
 during the said seven years. 
 
 Previous to the presentation of the bill, or immediately „ 
 
 ' _ _ •' Mf^inorial »pnt to 
 
 after, a memorial should be addressed by the petitioner to Setrit:iry of 
 
 •^ ^ . Scale, bi I'cii- 
 
 the Secretary of State for the Home Department, stating tioimr. 
 his reasons for desiring naturalization, that he ])rofesscs 
 the Protestant religion, and intends to reside in England. 
 Tiiat he is well affected to Her Majesty's Government, 
 
 (e) See 2 HaU. 3. Irish Act, 3C Geo III. cli. 43, s. 3. 
 
 ceiving the aacraincnl in some reformed or protcstant cnngrpgation, — and, by ihf, 
 second section, the children of natural born English subjci'ts born abroad — were 
 constituted natural born subjects (d ali intents and purposes. An attempt wns 
 made to introdHce a clause in tiic first section disabling persons thus iiaturH- 
 lized from electing or being elected, but it was rejected by l68lo(i7 (3). Tlio 
 first section of this act was, however, repealed by the 10 Anne, ch. 5. 
 
 To settle the doubts occasioned by this incons^i^tent legislation, it was declared 
 by the 4 Geo. 11. ch. 21 — that all children boi-n abroad, whose fathers were na- 
 tural born subjects, Vere themselves natural born subjects. 
 
 The 13 Geo. III. ch. 21, went a step farther, by declaring that children born 
 abroad, whose fathers had been declared natural born subjects by the 4 Geo. II. 
 should also be deemed natural born subjects: so that now the grand child of a 
 natural born subject, by the father's side, is, without reference to his birthplace 
 «r his maternal parentage, a natural born subject also, for all purposes, (.Rogers' 
 £lec. Law. 45.) 
 
 (3) C.J. V. 17, p. 143. 
 
 11^ 
 
 i4] 
 
 
 H 
 
243 
 
 0\ PRIVATE BILLS. 
 
 AiiJ reciters of 
 
 r«coiniiir?ndulion 
 
 procured. 
 
 Which arp sent 
 to ilie Alien 
 OlBcp, exiimiiicd 
 and sent to Sec- 
 retary ofSlut '. 
 
 Pe'orP second 
 ri'itding', ccrtifi- 
 caie of good con- 
 duct required. 
 
 On second read- 
 ing, pelitionei' 
 and witncsiies 
 must be sworn. 
 
 Rili coniiuittaJ. 
 
 Witnesses exa- 
 miued. 
 
 Wlien oaths 
 tuken in the 
 Coruinon.s, not 
 refjuired iu the 
 
 Lords, 
 
 anJ the British Constitution. Letters of recommendation 
 should also be procured from persons of weight and dis- 
 tinction in the country, who are ablo and willing to cor- 
 roborate the above and bear testimony to his orderly life 
 and conduct. 
 
 These letters are then transmitted to the Allen Office 
 for enquiries as to the correctness of their statements, and 
 the conduct of tlie petitioner. Upon these being favora- 
 bly proved, a certificate of the same will be forwarded 
 from that office to the Secretary of Stale for the Home 
 Department, who will sign, and transmit it to the Parliament 
 Office. 
 
 By an order of the Lords, of the 2d Jan. 1S07, no Natu- 
 ralization bill shall be read a second time until the petition- 
 er shall produce a certificate of his good conduct from 
 one of the principal Secretaries of Siato. 
 
 On the day fixed for the second reading of the bill, which 
 is generally the day after the above certificate has been ob- 
 tained, the petitioner (as before stated), must, if more than 
 eighteen, attend at the bar of the House of Lords, suppos- 
 ing the bill to originate there, and be sworn ; the witnesses 
 required to prove the administration of the Saciarnent, 
 (usually the parish clerk and sexton) being sworn at the 
 same time. 
 
 The bill is then committed, and the committee may sit 
 the next day. The party (or. If he be a minor, his parent 
 or guardian) attends at the committee to signify his desire 
 to be naturalized ; and then the witnesses, who were sworn 
 the day previous, must be called in to prove the adminis- 
 tration of the Sacrament, and the handwriting of the offi- 
 ciating minister to a certificate to that effect. 
 
 If the bill originated with the Commons, the person ap- 
 plying for the bill attends and takes the oaths there, be- 
 tween the first and second readings of the bill. They are 
 administered by the Clerk at the Table, after Prayers, but 
 before the Speaker has taken the chair. In that case they 
 
ON NAME BILLS. 
 
 249 
 
 are not again taken in the Lords, nor if tlio bill commenco 
 in the Lords, are they taken again in the Coinn:ons (</). 
 
 To return to the Lords. Tho bill is reported and or- JJi'J ;^['''"»'^''°"'* 
 tiered to bo enp;rossed, ihe same dav on which the Conn- 
 mons sirs. It is then read a third time, and transmitted 
 to the House of Commons. 
 
 I\ THE House of Commons the ingrossed bill is read a House of Com- 
 
 IIIOIIS. 
 
 las 
 
 first time on the day it is brought from tho Lords, and on 
 the fourth day after it has its second reading. It is then 
 committed, when the same witnesses who were before the 
 Lords must attend the Committee, to prove the adminis- 
 tration of the Sacrament. The bill is then reported, read 
 a third time, and returned to the House of Lords, to be 
 presented for the Ro^al Assent. 
 
 After the bill has received the Royal Assent, the solid- ^ftpr Actha 
 
 J ' pasaei), &c. par- 
 
 tor to the party applying should obtain from the Clerk of shouM'obiaiii a 
 the Parliaments, a certified copy of the Act. "'^"''"'•^ ^"P^* 
 
 5. Name Bills. Namf. buls. 
 
 Are acts " to enable A. B. to take and use the surname 
 ** of C. D., and to bear the arms of the name and family of 
 "CD, pursuant to the will of the said C. D," &c. 
 
 Bills of this description may have their commencement 
 in either House, indifferently. There are no Standing 
 Orders expressly regulating their provisions, or the man- 
 ner in which they shall be proceeded with ; the days for 
 their various readings, &c. are, therefore, the same as those 
 provided for Private bills in general, by the Standing Or- 
 ders of July, 1837. 
 
 A petition must be presented in the ordinary manner, 
 and its allegations should be such as will warrant applica- 
 tion for the provisions of the bill. 
 
 The bill is not required to be printed. 
 
 Any will upon which the petition is founded, must be 
 produced and proved by the subscribing witnesses, (or one 
 
 
 III 
 - '''11 
 
 m 
 
 (,d) Ellis, 205. 
 
260 
 
 0\ i»RIVATE BILLS. 
 
 of them), before 'the committee, and all facta respecting 
 the state of the family, or any other material matters must 
 be regularly proved by parole evidence, as in every other 
 case {a). 
 
 Part IIL 
 
 J'rivnte BillOfllice 
 aud Rcghter. 
 
 PART III.— ON THE PRIVATE BILL OFFICE. 
 
 [Including Tables of the Fees jiciy able in hntli Iloiises of 
 Parliament, on Private Bills.) 
 
 On the 5th of June 1810 — pursuant to a Report of a 
 Select Committee appointed to consider the means for 
 providing more effectually for the accuracy and regularity 
 of proceedings upon the passage of Private ilills, — tlie 
 House of Commons adopted several Standing Orders for 
 the appointment and management of a Private Bill Office. 
 These orders have subsequently been amended by the 
 Standing Orders of the 15th July 1837, and are now as 
 follows : — 
 
 That a Book to be called " The Private Bill Re- 
 gister" be kept In a room to be called " The Private 
 Bill Office," in which Book shall be entered, by the 
 clerks to be appointed for the business of that office, the 
 name, description and place of residence of the Parlia- 
 mentary agent in town, and of the agent in the country 
 (if any) soliciting the Bill; and all the proceedings from 
 the petition to the passing of the Bill, such entry to specify 
 briefly, each day's proceeding In the House, or in any 
 Committee to which the bill or petition may be referred ; 
 the day and hour on which the Committee is appointed to 
 sit ; the day and hour to which such Committee may be 
 adjourned; and the name of the Committee Clerk. Such 
 book to be open to public inspection daily, in the said 
 office, between the hours of eleven and six. 
 
 That all Plans, Sections, Books of Reference, Lists of 
 
 (a) Dwar. 3T8. 
 
l'RIV.\TK BILL OFFICE. 
 
 251 
 
 Owners and occupiers, Estimates, uml copies of the sub- 
 scription Contracts, required by tiic Standing Orders of 
 the House, be lodged in the Private Bill OHice, and that 
 the receipt thejev)f be acknowetlged accordin»^ly by one 
 of the Clerks in the said oflice, upon the said Documents, 
 and up(m the Petition, before it is presented. 
 
 That all notices required to bt? given in tlic Private 
 BillOiRce, be delivered in the said Otfice before six o'clock 
 
 in the evening. 
 
 That every Private Bill, after it has been read the first 
 time, its Tiilc copied and examined for the votes, be in 
 the custody of the clerks of the Private Bill OHice, until 
 laid upon the table for the second reading, and when com- 
 mitted, be taken by the proper Committee clerk into his 
 charge, until reported. 
 
 That after euch Private Bill has been read the f rsttime, 
 its name (or short title), siiall be copied by the Cierks of iho 
 Private Bill Office, from the Clerk's Minute Book of the 
 day, into a separate book, to bo called the Examination 
 Book, wherein shall be noted the number of such bill 
 according to the priority of its being read, and the date of 
 such first reading. 
 
 That between the first and second readings, every such 
 bill shall, according to its priority, be examined, with all 
 practicable dispatch, by the clerks of the Private Bill 
 Office, as to its conformity with the Rules and Standing 
 Orders of the House, and the breviate thereof be compared 
 with such bill; and the Examining Clerk shall, at the foot 
 of such breviate, state, " that the bill is [or, is notj prepar- 
 ed in due form ;" — and i£not in due form, he shall specifv 
 the foHo in which any irregularity occurs ; and shall, more- 
 over, in all cases, sign and date the breviate of such bill, 
 with the date of such Examination, and shall also enter 
 the like date, together with his own name, in the Exami- 
 nation Book. 
 
 I'liiiiK, Sic. to ba 
 luJgeil. 
 
 And receipt in- 
 (loriiod (III thrill 
 and the Petition. 
 
 Tiinn for deliver- 
 ing Notii'UD. 
 
 Custo<!y of the 
 Itiil. 
 
 (Examination 
 Book. 
 
 Exainincition of 
 BiliaudBruviiite. 
 
 i! 
 
252 
 
 ON PRIVATE DILI.S. 
 
 
 Duties of Kxnm- 
 iiiiiK* < L-rk with 
 tiio in. 
 
 With tho Brcvi 
 nto. 
 
 roadiui,'. 
 
 That the points to which the tlufy of tlie Examination 
 Clerk shall extend, be the following, viz : —That the title 
 and |>rc)visii;ns of the bill are comprehended within the 
 allegriitions of tho potltion, and within tho order of leave ; 
 and that billsj for confinning Letters Patent have a copy 
 of the Letters Patent annexed. 
 
 That the Exaaiinin;^ Clerk do, moreover, compare the 
 brevlate with the bill, and see that tlio subject matter of 
 each clause or set of clauses is sufficiently pointed out. 
 The form of the breviato to bo such as the Speaker shall 
 from time to time direct. 
 Notice of meet- That ten clear days* notice be given to the clerks in the 
 *"''■ Pri.ate Bill Office of the meeting of any sub-committee 
 
 on a ]5etitIon for a Private Bill. 
 Notion of sccoud That notico in writinj; of the day proposed for the 
 
 r.iiiiliiiL'. , ^ , . . 
 
 second reading of every Private Bill be given, by the agent 
 soliciting the bill, to the clerks in the Private Bill Office, 
 three clear days before the day for such second reading. 
 
 That notice of the day and hour on wliich the commit- 
 tee on the bill is appointed to sit, be given in writing three 
 clear days beforehand, by the agent soliciting the bill to the 
 clerks in the Private Bill Office, and that all committees* 
 proceedings of which such notice shall not have been giv- 
 en, be void. 
 
 That a filled up bill, signed by the agent for the bill, 
 as proposed to be submitted to the committee, be deposi- 
 ted in the Private Bill Office, at the time of giving notice 
 of the meeting of the committee on the bill ; and that all 
 parties shall be entitled to a copy thereof, upon payment 
 of the charges for making out amendments of such bill. 
 
 That no postponement of the first meeting of any corn- 
 Postponement of ^ , . 
 
 first meeting of mittec on a Private Bill, or petition for a Private Bill, 
 
 Committee ou .... 
 
 the Bill. shall take place, unless notice be given in the Private 
 
 Bill Office one clear day before the time fixed for such 
 meeting. 
 
 Committco on 
 Iho Bill. 
 
 Filled up bill to 
 be depo^i !.i in 
 Private Bili Of- 
 fice. 
 
PRIVATE BILL OFFICE. 
 
 253 
 
 That a nolo In writing of tlio day and hour to wliich each 
 CoinmittGc is adjourned, bo given by the Committee Clerk 
 to the Clerks in the Private Bill Office. 
 
 That the Clerks in the Private Bill Office do prepare 
 daily, lists of all Private Bills, and Petitions for Private 
 Bills, upon which any Committee is appointed to sit, spe- 
 cifying the hour of meeting, and the room where the Com- 
 mittee shall sit ; and that the same be hung up in the Lobby 
 of the House. 
 
 That the Committee Clerk, after the Report is made 
 out, do deliver into the Private Bill Office, a printed copy 
 of the bill, with the written amendments made in the 
 Committee, in which bill all the clauses added by tho 
 Committee shall be regularly marked in those parts of the 
 Bill wherein they are to be inserted. 
 
 That notice in writing of the day on which the Bill is to 
 be reported be given by the Agent soliciting tho Bill to 
 tho Clerks in the Private Bill Office, at least one clear 
 day before the day of the report : And in all cases where 
 reports on Bills arc ordered to lie on the^ table, notice in 
 writing of the day on which such report is intended to be 
 taken into consideration be given to the Clerks in the 
 Private Bill Office, at least one clear day beforehand. 
 
 That the amendments (if any) which are made upon 
 the report, and upon the third reading, be entered by one 
 of the Clerks in the Private Bill Office upon the printed 
 copy of the Bill as amended by the Committee, which 
 Clerk shall sign the said copy so amended, in order to its 
 being deposited and preserved in the said Office. 
 
 That to insure the accuracy of the Ingrossmenta of all 
 Private Bills, the Clerk of the House bo required to pro- 
 vide a sufficient number of Clerks, to be called Examin- 
 ers of Ingrossments. 
 
 That notice in writing of the day proposed for the third 
 reading of every Private Bill, be given by the Agent soli- 
 
 8 I 
 
 Noif* i)f adjourn* 
 iiii-nr. 
 
 List orroinmit- 
 lvc» Kittiiig. 
 
 mil, an aniPiulcil 
 ill C'nininittpp, id 
 be delivered iii. 
 
 Notice of Report 
 and uf considera- 
 tion. 
 
 Amendment:) on 
 Report and 
 Third Reading. 
 
 Examination of 
 Ingrossments. 
 
 Notice of Third 
 Reading. 
 
254 
 
 ON PRIVATE BILLS. 
 
 Certificate of 
 Examiuers. 
 
 citing the bill, to the Clerks in the Private Bill Office, one 
 clear day before such third reading. 
 
 That no bill be read a third time, until a certificate is 
 indorsed upon the paper bill and signed by one or more 
 of the said Examiners of Ingrossments, declaring that the 
 Ingrossment thereof has been examined, and agrees with 
 the bill as amended by the Committee, and on the report. 
 
 FEES. 
 
 It has been before mentioned, that no private Bill will 
 be read a second time in either House, until the fees pay- 
 able upon the same have been liquidated. The fees upon 
 a Private Bill, in the House of Lords, although tlie rate 
 of fees in some respects is higher, are much less in their 
 total amount than those payable upon the same bill in the 
 House of Commons*. The fees in the House of Lords, 
 were first established by a table in the year 1725, which 
 was revised and amended in the year 1824, and is now as 
 follows : 
 
 On a Petition for leave 
 
 For every Order made previous or 
 
 £. s 
 
 To the Clerk of the Parliaments, 10 
 
 To the Clerk Assistant 4 
 
 To the Clerk of the JournaU,.. . C 
 
 If on Petition, 4 
 
 To the reading Clerk on ? q o 
 
 every Petition, 5 
 
 To tlie Cierk Assistant for 
 
 to hring in a Private Bill. 
 
 subsequent to such leave being given : 
 
 '^1 £ 
 
 To the (lentleinan Usher for 
 
 01 every person so sworn 
 
 a d 
 
 swearing every person in 
 order to be naturalized . . . . 
 
 13 
 
 To the Clerk Assii-tant for 
 
 12 
 
 swearing a Witness > 
 
 The Iik<! m the Yeoinan Usher,. 
 To the Clerk Assi>tiiiit for a ) 
 Certificate of Witnesses, > 
 
 being sworn, ) 
 
 4lTo the Clerk of the Journals,.. . 
 
 G 
 
 
 
 8 
 
 10 
 
 On a Private Bill. 
 
 £ 8 d 
 
 To the Lord Chancellor, or ? jq q ^ 
 
 Speaker of the House, > 
 
 To the Clerk of the Parliaments 5 
 
 TotheGentlemaiiUsherof the ? r. n n 
 
 Black Rod, 5 •* " " 
 
 To the Clerk Assistant, 2 
 
 To the Veoinan Usher 1 
 
 To the Reading Clerk, 2 
 
 To the Clerk of the Journals 
 fordoequetling the maps re- I 
 quired by the Standing Or- | 
 d«rs, j 
 
 To the Clerk at the Table for I 
 layiiic prints on the Tnble.. 5 
 
 To the Doorkeepers o». each . . . 
 
 £, 8 d 
 
 10 6 
 
 10 6 
 2 
 
 * See a valuable report of a Select Committee of the Lord«, on the subject of 
 Feci, on the 12th July, 1827. 
 
^ 
 
 FEiES ON PRIVATE BILLS. 
 
 255 
 
 Every Bill for ihc particular interest or benpfit of any persons, whether the tamo 
 1)0 brought in upon Petition, iMotioii, P,.pport,or from a Committee, or from tho 
 Commons, oufjht to pay ft-es as a Privuto Pill. 
 
 Every sucii Bill wliicli concerns ii (;oumy or Counties, Corporation or Corpo- 
 rations, or Body or IJodirs of People, ought to pay fees as a Double Bill. 
 
 Every eirutin^r cl.iusp for a particular Interest or Benefit, xhall be deemed a Pri- 
 VATK INacting Clause, ami shall pay fees as for a Private Bill, whether the 
 ^ Bill in whicli snrli cl:ui.>e is inserted be Public or Private. 
 
 Every sucii F.nactinp Cbiusc which concerns a Countv or Counties. Corporation 
 or Cn-porations, or Body or Bodies of People, shall puy fees as a Double Bill. 
 
 Fees shall be paid for everv distinct hrovision, niaile in any Bill, for the par- 
 ticular interest of any Person or Persons, County or Counties, Corporation or 
 Corporations, or Body or Bodies of People, or relating to a distinct interest. 
 
 Estate 
 more 1 
 each body 
 
 or iMatters, provided that in Bills containing distinct provisions for 
 more than three bodies of people, no more than a single fee shall be paid for 
 
 To the Clerk A.-sistant for en- 
 terinir the n;imes of the 
 liOrds' Committee, and giv- 
 ing a copy thereof, if desir- 
 ed. 
 
 £ s d 
 
 > 10 
 
 £ s 
 
 Tothe Copying Clerk 11 
 
 To the Clerk attending the 
 Committee 
 
 ! 
 
 d 
 
 
 2 
 
 To the Assistaiit Clerk to the Clerk of Committees : 
 
 For making out amendments 
 
 to an Estate bill. 
 To any oilier kind of bill, 
 
 '\ 
 
 10 6 
 
 I 1 
 
 On opposition, by Petition, ) 
 to Bill ". I 
 
 Papers copied for select com- 
 mittees and charged to the 
 Treasury, and cojiies of 
 papers relating to Private 
 Committees for private 
 parties, j'er folio, 
 
 1 1 
 
 > 6 
 
 On maps and proofs required ) 
 
 by the Standing Orders, ( 
 
 and produced before the ( 
 
 Committee J 
 
 For making out Special Re- ) 
 
 port on Private Bill, 5 
 
 £0 a d 
 
 To the Yeoman Usher, 10 
 
 To the Doorkeepers, 2 
 
 For the Ingrossing a Private Bill {between the Clerk of 
 the Parliaments and the Clerk Assistant): 
 
 For the first skin 13 4 
 
 For every other skin Q 10 
 
 (Every skin to contain at least forty lines.) 
 
 To the Clerk of the Parliaments for certifying a Private 
 Bill upon a Writ of Certiorari out of the Chancery, or 
 any other matter of Record, concerning a private person, 
 into that Court: 
 
 For the first skin, 1 6 
 
 For every other skin, 13 
 
 For tJie like — to the Clerk Assistant : 
 
 Fertile first skin, 13 
 
 For every other skin, 6 
 
 To the Clerk of the Parliaments, for examining the \ 
 transcript with the Record on a Writ of Error, and S 1 6 8 
 reading the same in tho House, } 
 
 Tothe Doorkeepers, 15 4 
 
 Besides the above there are fees paid in the House of Lords for Appeals, Writa 
 of Error, and other matters of Judicature, for which see Standing Orders. 
 
 The Fees in the House of Commons upon Private Bills 
 and other matters are regulated by two tables— one adop- 
 
 t 
 
 H 
 
256 
 
 ON PRIVATE BILLS. 
 
 
 I 
 
 ted in the year 1700, and the other in the year 1830. — 
 And by a standing order of the House (a) it is directed 
 that printed tables of these Fees, having been first pe- 
 rused by Mr. Speaker, be liung up in his chambers, in the 
 lobby, and in the Clerk's Office ; and renewed by the Clerk 
 from time to time, as occasion may require, that they may 
 always be preserved fair and legible. 
 
 It is also declared, that the House will punish with the 
 utmost severity any officer or servant who shall presume 
 to take or demand any greater fee than is allowed by the 
 following tables. 
 
 FEES ON PRIVATE BILLS GENERALLY. 
 
 3 13 4 
 
 £ s 
 For every Private Bill : 
 
 To Mr. Speaker, 5 
 
 To the Speaker's Secretary,. 10 
 To the Chief Clerk : 
 For the several read- 
 ings, 
 
 For breviating, a- 
 mending', interlo- 
 cutory orders, 
 and other proceed- 
 ings, 
 
 For the order of ) 
 commitment j 
 
 C 8 
 
 U 
 
 1 
 
 To the Clerk Assistant, 1 
 
 To the Chief Clerk, without 
 doors, who receives the 
 fees and pays them to the ^ 10 
 officers of the House, for 
 80 doing, 
 
 To tho Serjeant and the offi- 
 cers under him, 
 
 To the Housekeeper 5 
 
 To the two Doorkeepers,.... 5 
 
 For every Private Enacting Clause, 
 the same fees are to be paid to the 
 above persons us fur u Bill. 
 
 If the Bill concerns a county or coun- 
 ties, or corporation or corporations, 
 or in the case of such like Bills, when 
 called Double Bills, double the above 
 fees are to be paid. 
 
 For attending Conmittccs of the 
 Whole House, or Grand Committees 
 in Private Concerns : 
 
 To the Chief Clerk, 13 4 
 
 To the Clerk Assistant,. ... 6 8 
 
 £, * d 
 
 For preparing and transcribing the 
 
 Report of .s(u:h Commitit'es : 
 To the Chief Clerk, 10 
 
 For every Order of such Committees : 
 To the Clerk Assistant, 5 
 
 For every Hearing at the Bar, from 
 each side : 
 
 To the Chief Clork 1 13 4 
 
 To the Clerk Assistant, « 8 
 
 To the Housekeeper JO 
 
 To the two Doorkeepers,.. 7 G 
 
 For Reading at the Table, and entering 
 in the Journal, a Report iu private 
 matters : 
 TotheChiefClerkf;Jj-f;0'0 
 
 For reading every Petitton in private 
 matters : 
 To the Clork Assistant 2 
 
 For delivering Papers at the door : 
 To the two Doorkeepers... . 5 
 
 For serving any Summons of the House 
 in private matters : 
 To the four Messengers .... 6 8 
 
 For serving the Orrfers of Committee* 
 in private matters ■ 
 To the Four Messengers.... 2 6 
 
 For every Private Committee : 
 To the Housekeeper 5 
 
 For keeping the doer, at a private 
 Committee : 
 To the Four Messengers. ... 2 C 
 
 (a) C. J. S8 Feb. 1731. 
 
FEES OX PRIVATE BILLS. 
 
 257 
 
 FEES TO BE PAID INTO THE COMMITTEE CLERK'S OFFICE. 
 
 Oh a Petition for n Private Bill. 
 
 For takititr cliarpc of a Prtitiou 
 for a i'rivMia IJil', wliuii ro- 
 furred to a Cuiiiiiiitte •, aiul 
 n(ljo\iriiin<,' ihr, * oiiiiiiittce to 
 the time wlieu it is 'o ^it f<jr 
 dispatch of liuhiiie.s^ U 6 
 
 For iittf-iidiiia^ tin-, silting ol'llic 
 Coniiiiitl(!(;,pacli (i;iy 1 
 
 For drawiiij: uuU iruiiscribiiig 
 Report 1 
 
 For alii'ndiii^'' to adjo;irii a 
 Coiiimitti'i.' wIk'U no busi- 
 ness is done 6 
 
 For rlrawiiij,' short iiiiiiiite of 
 proccodi)..'.'* of tlic Coiuiuit- 
 
 top, with iiaiTi'' 'if Cliair- 
 luaii, and di'liv rriii^' tllu 
 fcumo to Private Bill OiricL- . 
 
 £ s d 
 
 G 8 
 
 In nil rasos in \viii<-Ii iniiro than one 
 Double Fee ib char^'i'd upon ii Cill by 
 the Clork of til ' Fi'o.x, the followin!? 
 I'VfS an- to be uddod for each addi- 
 tio'.ial Fnc : 
 
 r')r every ••iltinjr fi 8 
 
 For every llcrort U (i 8 
 
 For r\ fry adjonrnniciit when 
 
 no bu•l^I^'■^ i.s done 3 J 
 
 N'ofo : Tii« a'jovo fees are to be paid by 
 tiiu peiitioper or his ugeiit. 
 
 On a Private Bill. 
 
 For taking fliargo of Bill, 
 when (onuiiitU'd, aud ud- 
 journinif the (.'onnuittee to 
 the lime when it is to bit for 
 dispatch of business 1 
 
 For atteiidiiii,'- tittinjr of tho 
 
 Committee, each day ii 
 
 For atteiidin;.' to adjourn !i 
 Committee wlien no busi- 
 ness is done C 6 
 
 For drawing ami traiiffcribing 
 Report in respei^t of St.ind- 
 ing Orders, in !'uy rase in 
 which aConiiuittec on u Hill 
 is directed to report thereon 1 
 
 For draving aud transcribing 
 Report on Bill, and arrang- 
 ing documents to be sent 
 into t'lc House 2 
 
 For a fair copy of the amend- 
 ments to tlie House Bill, per 
 sheet of 72 words 1 
 
 For a printed Bill, corret ted 
 from tlie Committee Bdl, to 
 ac'.'onipany the Report.... 1 
 
 For drawing short niuiuto of 
 each day's proceedings be- 
 fore the ComniiUiie, willl 
 name of ehuirmaa, and de- 
 livering the same to tiio 
 Private Bill Office 
 
 1 
 
 6 8 
 
 la all cases in which more than one 
 Double Fee is charged by the Clerk 
 of the Fees, the following Fees are to 
 be added for each additional Fee : 
 
 Foi every sitting 13 4 
 
 For every Report C 8 
 
 For every adjournment when 
 
 no businesb is done 3 4 
 
 Note : The ahoTe Fees nrc to be paid 
 by the petitioner for the Bill, or his 
 agent. 
 
 On a Petition against a Private Bill 
 
 For taking charge of the peti- 
 tion when referred to n 
 Committee on a Bill C 8 
 
 For reading order of reference 
 
 and petition G C 8 
 
 For each day upon which a 
 petitioner is heard, or a 
 petition signed by only one 
 
 persou is considered by the 
 
 Committee 13 4 
 
 If tuch petition is signed by 
 
 two or more petitioners ... 1 6 8 
 For drawing and transcribing 
 
 the Report 6 8 
 
 Note : The abovu Fees to be paid by 
 
 the pctitioucr or his agent. 
 
 On a Petition, that any Order of the /louse muv he dispensed with, or complaining 
 of the decision of any Committee in respect of the Mandinff Orders, oruponany 
 Report from a Committee, referred to the Utandin^ Order Committee, or to 
 any other Committee. 
 
 For taking charge of such pe- 
 tition or Report,. .... 6 
 
 For attending a sitting of a 
 Con)mitteeonany such peti- 
 tion or Report 2 
 
 For drawing and trauscribiug 
 the Report 10 
 
 For attending to adjourn a 
 Committee when uo busi- 
 ucsa 13 done 13 4 
 
 For drawing short minute of 
 the proceedings of the Com- 
 mittee, and delivering the 
 sukiie to tho Private Bill 
 Office, 6 8 
 
 Note : The above fees are to be paid by 
 the party at whose iustauce the refe- 
 rence ahull be luade. 
 
 -* ^<i 
 
 f! 
 
I ' 
 
 ll 
 
 !, 
 
 258 
 
 ON PRIVATE BILLS. 
 
 On ani/ Petition for affront of money, or fur any other matter of a Private naturi, 
 referred to a private Committee. 
 
 Ju s d 
 
 For 'Irnwiiic and traiiFcribinp 
 the Report, 10 
 
 N'oto : The above fees to l»n piiid hy 
 each party appearing befoie the 
 Cuiiiniittec. 
 
 £ 
 
 
 
 » 8 
 
 
 
 For taking ciiurge of a peti- 
 tion, 
 
 For attending a sitting of tiie 
 Comniitleo, 
 
 For nttiMiding to adjourn a 
 Coininiiti.'c wlion no l>u- 
 sincaii is done, 13 4 
 
 General 
 
 For agcneral inspection of any 
 lists, papers, minutes of evi- 
 dence, or other documents. 
 
 For every cot)y of a printed 
 Bill, corrected from the com- 
 mittee Hill, 1 
 
 For every summons of a wit- 
 ness, 
 
 For every witness exaninied, 
 
 or cross-examined 2 6 
 
 For every exhibit, 2 6 
 
 N. B. 'I'lie iiiinieof each person in a li.--t 
 of con.-'enis, dissents, and neuters, to 
 be reckoned as a separate exhibit. 
 
 For every c.iini>el attending 
 in sn,)port of the interest of 
 any party, for each day,. • .. 10 
 
 6 8 
 
 
 2 6 
 
 Fees. 
 
 For every copy of the names 
 of the members of a Com- 
 mittee, 
 
 For every copy of an order of 
 reference, 
 
 For copies of all ))apcrs and 
 documents, per sheet of sev- 
 enty-two words, 
 
 But if for members 
 
 For copies ol plans, made by 
 the parlies 1 
 
 For the inspection of a plan, 
 
 For taking the consent (of a 
 party beneficinlly interest- 
 ed) to tile passing of a Bill. 
 
 6 
 
 8 
 
 
 
 8 
 
 I 
 
 
 
 G 
 
 1 
 (i 
 
 
 
 s 
 
 riCTlS TO BE PAID INTO THE PRIVATE BILL OFFICE. 
 
 For entering a Private Bill, to- 
 gether with tlie names and 
 address of the Parliamenta- 
 ry Agent and Solicitor, and 
 the name of liie Coinmitteo 
 Clerk 10 
 
 For receiving and taking 
 charge of books, plans, esti- 
 niHtn.--, and otiier documents ; 
 and indorsing petition, 
 with n certllii;ate that the 
 same hath been deposited, 6 8 
 
 For entering proceedings of 
 tho House on tlio presenta- 
 tion of a petition for a Pri- 
 vate Hill, or upon a motion 
 for a Private Bill, or upon 
 a niessacc from the Lords 
 With a Private Bill 6 8 
 
 For lecciving and entering 
 notice of the day and hour 
 on which it may be pro- 
 posed that the Committee 
 on the p liiion siiuuld sit; 
 for each day on wiiicii a no- 
 tice may bo given 3 4 
 
 For enteiine a short minute 
 of the proceedings of tho 
 Committee, together with 
 the name of the chairman, 
 to be furnished by the Com- 
 mittee clerk 
 
 If tho Committee cannot be 
 formed for want of members, 
 or if parties are not ready 
 to proceed for entering the 
 adjournmont. • 
 
 C 8 
 
 3 4 
 
 For entering proceedings of 
 the House on the report of 
 the petition C 8 
 
 For entering proceedings of 
 the House on the Report of 
 the Standing Order Com- 
 mittee 6 8 
 
 For entering procecdiiigs of 
 the House upon the presen- 
 tation of any petition pray- 
 ing that any Ordar of the 
 House may be dispensed 
 with, or upon a motion for 
 such purpose 6 8 
 
 For entering the proceedings 
 of the House upon the re- 
 port of any sucli petition. .. 6 8 
 
 For entering proceedings of 
 the House on presenting the 
 Bill, First Reading, and 
 orders thereupon 6 8 
 
 For entering petition against 
 a bill, and orders thereupon. 3 4 
 
 For entering petition in favor 
 of a bill, and orders there* 
 upon, 3 4 
 
 On receiving and entering no- 
 tice of se(o;id reading, for 
 each day on which such no- 
 tice may be given, 3 4 
 
 For examining the Bill, to see whether 
 it be prepared according to the Or- 
 ders of the House, and whether it 
 corresponds with the printed Bill : 
 
 If it does not exceed ten folios 
 of House bill (each foliocon- 
 taining no more than two 
 hundred words),....,..... 3 4 
 
I- i;CS ON PRIVATE BILLS. 
 
 259 
 
 If aliovc 10 & not rxrccding 30 
 I'uliud 
 
 £, a d 
 
 ao 
 
 .Ml 
 70 
 9') 
 
 o I, 
 
 no 
 
 And fo on in propoitio'i f)r 
 any ere iti'r nniu'iT id'folins. 
 For ciiti-riig I'crtilic .t!.-. uiiil 
 ludorMMg brc-viate tint tli<; 
 Bill !.•• projii-rly |>r(>p:tri'il ..0 6 8 
 For LiUerine procniiiliiig^s in 
 tlie Housf! O.I tin; .•S'coinl 
 Reading of t!ie Bill, for t-iicli 
 
 day , G 8 
 
 For recniving and cnleriiifc 
 u Jti<:e of t!ip d:iy a'nl lioiir 
 on whicll 11 is '.ir'r.)i.s"i| tliiit 
 t'lP Co:niiiit'."f' «liiiiil<l :ii<'i't, 
 ou iMcli day on wli.cli ?ucli 
 nolicemiv lii;iri\ca 3 1 
 
 For r''.c! villi from the afrcnt 
 ttip fidpi!-ii|> |iiiiiir.l liill, 
 witli tin- ainoiiilni viis pio- 
 pos>"l to ti ■ sniiuiiit.'(l lotlic 
 CouiiiiiMr'e. and e ;;ti'riiig 
 the r.-iii|>i tlifiiof 3 1 
 
 For eiitiv iiii; a -lion iniiiiitc of 
 tliP proi-ct'iliiip- <iltli<' Coiii- 
 initd'O, w itli naiiic of tliR 
 diainnaii, and tli' d iv and 
 lionr to '.vliicli it imiy liavR 
 ndjnn nod, in c i>i' liie Coin- 
 iniilpp do iioi ji'l tliroii}:!! 
 tlip Hill ; for ptili d.i\ .... G 8 
 
 If ihr <'o:ni:iitIi(* (Miiiiot lip. 
 ♦"iriiu'd !iir want of Mi-in- 
 bers. or if tin; ConiiiiiltiM' lie 
 a'ljonrii<3i vviliout tlniii},'' 
 Inisiiipss by di'sirp of tlio 
 partirs ; for cntpriiifr the 
 adjonrniui-nt (or parli day .03'! 
 
 For ri'ceivinir and piiteriiiif 
 noticp of the day on which 
 it may he propositi to rr- 
 port the Hill; on each day 
 on which liuch uotict! may 
 be given 3 4 
 
 For eiiieiHuf pn.ceediiigs of 
 the lloufc on thi^repoit of 
 the Hill, eu(di day 6 8 
 
 For entering proceedings on 
 furtlitr consideration of 
 Report, each day 6 8 
 
 c 
 
 8 
 
 10 
 
 U 
 
 13 
 
 4 
 
 It; 
 
 8 
 
 
 
 
 
 3 
 
 4 
 
 
 
 8 
 
 10 
 
 
 
 13 
 
 4 
 
 IG 
 
 8 
 
 
 
 U 
 
 JC a d 
 
 For pxr.niiiiing tlm inprossed 
 
 Hill with the Coniiniltee Hdl: 
 If the lidl does not exccfd 
 
 '^0 pie.-.e.s 
 
 lfalov( 20ifc nolexceeji.ii; l.KU 10 
 „ 40 ,, ., „" (ili.O 13 
 
 „ <in „ ,. ,. M).<t 
 
 ,, 80 n „ „ IIK'.I 
 
 „ I'lo i-:;i.i 
 
 „ I'-iO „ „ „ N'l.l 
 „ 14" „ M „ Hi .1 
 
 „ l(i') „ „ „ l.-l.l 
 
 ,, I--^' ,. „ „ '-i'M 
 „ '2M ','JO.-J 
 
 And >(' on ill piopo. tU'ii lor 
 any pjrc.iter iininhi r of |,ri ^.«es. 
 
 For 1 nlerii!!.' eeitif rile on 
 b.ick I'f llip liill, that it is 
 properly i L'ro--e(l . . . 
 
 Vor eiitfiing and rei eiviiig 
 notM-e of till' T'-.imI Ui ;id- 
 iiii;. lor r.i< li li ,y on \n l:ich 
 sneh iidtne in;iy lie jTiVeii. 
 
 F.tr eiilenii!; proeeeiiiii.'f of 
 the lloiiM' o;i Ilie Tiiird 
 lleailii;g. c^ieli d iv .... 
 
 Foi entering' procedih^'s of 
 tlie JIoii.-p upon ii'iy new 
 i:laii>e adileil, or proposed 
 to lie iidiled on llie Report, 
 further couMilrratinn of the 
 lle]>ort or Third Rpiidmi: 
 
 For eiiterinu the ii!;i eeiiieiit 
 of the Hon.-e of l-oi-ils, with 
 i}': without jiiieiKliiieiits 
 
 For piitemif; pro( eedniffs of 
 the lIoiiM, iiuoji emi-idera- 
 tioii of the l,ords' AliiCiid- 
 nieiits C 
 
 For unteriiiL' Ro.\ al Aisriii . . G 
 
 Fur e-icii Rill, or Hreviale, or 
 Iniu'rosMiieiit, eertifipil to be 
 irreuulai, and iidinitled so to 
 be by the party, or diThired 
 so to be by the Slicaker. ... 10 
 
 Note: The fees ab(>ve-iiioiitioiicd are 
 to be paid lo the priiieiijul clerk in 
 the I'nvati! Rill OHii-e, by the party 
 ])roniotiiig the Bill; and the jiro- 
 ducc of the fund .'•hall be applied to 
 the iiiaiiitoii:iiiee of three clerks, or 
 more if neces>Hry, for the business 
 of the said oirue: to be apportioned 
 between tliein in bucli manner as the 
 Clerk of the Ilou.se shall from time 
 to time direct.— (C. J. '~>1 June, 1811.) 
 
 G 8 
 
 3 4 
 
 G 8 
 
 3 4 
 
 G 8 
 
 
 
 * 
 
 Besides ihe payment of the above Fees required by the charges of I'ar- 
 Standing Orders of tlie two Houses of Parliament, there Agcuis!'"^^ 
 is another description of charge to the payment of which, 
 Private Bills are subject, and which frequently is of a very 
 expensive nature, viz : the charges of the Parliamentary 
 Agents employed in conducting and Buperintending the 
 bills in their progress through Parliament. 
 
 
 "H 
 
i^eo 
 
 ON PRIVATE BILLS. 
 
 These agents arc of two kinds : 1st. In the Lords, 
 in-door agents so called, who are Clerks of the House ; 
 of these, there arc two in that House. And, in the 
 House of Commons, there were formerly several Clerks 
 who so employed themselves, until, by a recent order 
 of that Hu'ise (Z»), the practice was forbidden. And 
 2dly, out-door agents, most of whom employ them- 
 selves exclusively In this business, but who aro frequently, 
 though not necessarily, attached to some branch of the 
 legal profession — these are rather more numerous, their 
 number not being restricted. 
 Taxation of costs The charges of tliese agents, not being regulated by 
 
 of Private Bills ./i -, ■, f. -if i • 
 
 in the House of any uniiorm standard, was frequently or a very exorbitant 
 nature, to obviate which, the statute G Geo. IV. ch. 123, 
 was passed *' To establish a taxation of costs on Private 
 " Bills, in the House of Commons," by which act, on com- 
 plaint of the persons overcharged, the Speaker will direct 
 certain persons to tax the costs and expenses so incurred 
 — for which duty, fees are allowed to be exacted. The 
 amount of these fees was fixed by an order of the House 
 on the 16 Feb. 1829, and is as follows: 
 
 FEES ON TAXATION OP COSTS ON P..IVATE BILLS. 
 
 Toencli of tlie Exuniiiicr^, for liis pains 
 and truubli; respecting: tliu taxation 
 of any Hill of Cosis and oxpon.-es 
 upon wliicit an orcU^r of rofurence 
 shall have been ni.nle by Mr. Speak- 
 er: 
 Forthefirstday of attendance, 3 3 
 For every subsequent atten- 
 dance 3 2 
 
 'I'o tlie Speaker's Secretary, 
 for his pains and troubh; re- 
 tpijctinsr the taxation of ev- 
 ery »ucfi bill 16 8 
 
 To tiio Clerk who shall be ap- 
 pointed to attend the said 
 Ex.'iniiners, for his j)ains 
 and trouLlo, on every ut- 
 tendancu Q 2 
 
 Though not in 
 the House of 
 Lords. 
 
 Agents must col- 
 lect Fees. 
 
 This system though recommended by a Select Commit* 
 tee of the House of Lords in 1S27, has not been adopted 
 by that House. 
 
 It is the duty of these Agents to collect and pay to the 
 Clerk of the Fees, all Fees payable upon any Private Bill 
 which may be intrusted to their care ; and it has recently 
 been found necessary, in consequence of the great arrear- 
 
 (b) C.J. IG Aug. 1836. 
 
FEES ON PRIVATE BILLS. 
 
 261 
 
 -.^ 
 
 ligea ia the payment of the same, to order (c), that no 
 -agent be permitted to proceed upon any new bill or 
 petition, until the Fees incurred upon any one he may 
 have previously conducted, have been paid. 
 
 (c) C. J. 16 Aug. 1836. 
 
 2K 
 
 If 4 
 
U' 
 
 ( 262 ) 
 
 CHAT. IX. 
 
 Monc> Bill, wbut 
 it iii. 
 
 Origin and 
 growthof Sup» 
 plies being 
 given by Farlia- 
 ineut. 
 
 By a Bill of Supply or Money Bill is meant, any Pub- 
 lic or Private Bill under which money is directed to be 
 raised upon the subject, for any purpose or in any shape 
 whatsoever : whether it be for the exigencies of the state ; 
 for private benefit ; or for any particular district or parish, 
 either as taxes, customs, tolls, dues or rates, of any kind. 
 
 It has been already shown («), that the House of Com- 
 mons, from an early period of its History, has claimed, 
 and been allowed, as an exclusive right, " The grant of all 
 *' aids and taxes to the Crown, for the public service" (i). 
 
 This privilege had its origin in remote times of Eng- 
 lish History ; it is first traced, says Hume (c), in the times 
 of the Saxon Heptarchy ; and it was recognized and con- 
 firmed by the Conqueror in his Coronation Oath* (J). 
 Having been, like many other principles of English liber- 
 ty, often violated in the stormy times which immediately 
 ensued, it was at length expressly acknowledged and 
 declared by one of the articles of Magna Chartaf . This im- 
 
 (a) See ante p. 33. (6) 3 Hats. 13G. 
 
 (c) Hist, of Richard HI. (d) See Saxon Chronicle, A. D 1006. 
 
 * And 686 also the Carta Rkois de qaibusdam statutis per totam Jlngliam 
 firmitcr obscrvandis, of William I. in Kyiner's Focdcra, v- 1 p. }. 
 
 t " ^'o Scutage or Aid shall be imposed in our Kingdom unless by the Common 
 *' Council of our Kingdom, except to redeem our person, and to make our eldest 
 " son a Knight, and once to marry our eldest daughter ; and tor these there shall 
 •' only be paid a reasonable aid." Magna Charta, Article 14. The ' reasonable 
 ." aid" was fi.xed by the Statute of Westminster I. (3 Edw. I, ch. 36 ) at twenty 
 shillings for evory knight's fee, and as much for every twenty pounds value of 
 land held by Soccage. The aid " to make his son a knight," might be rallied 
 when he entered on his fifteenth year ; and that " to luarry bis daughter," when 
 slie reached the age of seven. 
 
OV MON'EY DILLS. 
 
 263 
 
 portant privilege of tlic subject has since that time been 
 often confirmed* and often broken (e), until it was finally 
 declared by the bill of Rights, that "the levying money 
 " for, or to the use of the Crown, by pretence of preroga- 
 " tive, without grant of Parliament, is illegal." 
 
 In tiio famous indemnity of the Lords and Commons, 9 
 Henry IV. now about 400 years ago, it is conceded "That 
 " the grant should be the grant of the Commons, assented 
 " to by the Jjords, and communicated in manner and form 
 " as hath been hitherto accustomed, that is to say — by the 
 *' mouth of the Speaker of the House of Commons for the 
 " time being" (/). 
 
 Thus we see that the right of the subject to originate, 
 In Parliament, all matters of supply, lias been continually 
 acknowledged by the several monarchs who have swayed 
 the desnnies of the Empire, from the earliest growth of 
 our Constitution. We see also, that, ever since this 
 right has been firmly established, the originating power of 
 taxation has been conceded to the Commons, as being the 
 representatives of that people upon whom the "aids and 
 scutages"t were to be levied. 
 
 ie) llwar ii33 ( /) And see C.J. 12 March 1580. 
 
 ^ St'c alto the Statute Dc tallagio non concedendo, of the 34 Etiw. I. [i;)06], by 
 which that monarch was conipellod to conlirm in Parliament that law which had 
 been so often wantonly infringed ; it ennct:^, " Thnt no tallinge or aid »hall be 
 " taken or Icvitd by us, or our heirs in our Realm, witliont the goodwill and as- 
 " sent of the Archbishops, Bishops, Eurls, Uarons, KnJ^hte, Uurgesf>es and otlier 
 "freemen of tite land." 
 
 t .9ids, or assistance In money, were due from any vt ssal for the ransom of 
 the lord, for the knighting of liid eldest son, and for the -marringe of hit eldest 
 daughter, but they were often exacted when no such reason could be urged,— but 
 such an extension was expressly declared to be illegal by Aiticle 18, of Magna 
 Cliarta 
 
 Escuage or Scutagc was a pecuniary compensation for milit^iry service, but as 
 the approach of war was an easy pretext, it was liable to become almost arbitra- 
 ry. It is supposed to have been first introduced by Henry IL— to raise funds for 
 the employruent of a large body of mercenary troops, to assist him ill his war» 
 with the French King. Mackintoshes Hist, of England, v. 1, p. I'iO. 
 
 Tnillage was an impost assessed upon cities and towns, and upon that class of 
 freemen who owed no military service, according to an estimate of their income* 
 It was, from its nature, very aibitrary. 
 
 The fiaronF, when thoy eubmilteU to John, in "the Parliament of Runnymede," 
 
 i A 
 
 'i :\ 
 
 I 
 
i 
 
 264 
 
 ON MOXET BILLS. 
 
 
 In 1628 (g), the Commons first began to omit tbe name 
 of the Lords in the preamble of Bills of Supply, that it 
 
 ig) The first Parliament of Charles I. Sttc C.J 7 & 9 June 1028. 
 OS it is called in a writ of the 28 Henry III (1), articles for the reilress of tlieir 
 grievances, did not, whilst pmviding for their own necuiity against opprea- 
 slon, show an indifference to the riphts of iluwe beneath them-for in il use arti- 
 cles there was a provision* expressly declarinf!, that tlie same coni>«>nt pIuhiIiI be 
 required for the imposition of taillnges ns for that of aids,— iiut in tlu< Charter 
 itself, from motives unknown to ns, tnillnae was nmiitod. And it cnniinucd to 
 be levied, at the discretion of the King, npon those who were 8ulij«ct lo its pay- 
 ment, until the passage of the Statute De tallagio non coneednido '34 Hdw. 1.) 
 by which all such imposts without, the consent of Parliament, were declared 
 illegal. 
 
 From this Statute and that of the Charter of Confirmation (25 Filw 1) may be 
 dated the rise of the representative system wliich is now the troad foundation of 
 the House of Commons. The rude outline of a Parliamentary Assembly may in- 
 deed be discerned in much earlier times, but it was, (unless we except the Fu!k-> 
 mote and Wiiana-gemote cf the Anglo Saxons,^ an exclusively arisiocrntiral 
 legislature, in which the lower cliispes of society had no share or participation. 
 
 The consent of the higlier orders of the state lo laxatioR had long been conce- 
 ded, as requisite to its legality — accordingly, we find the Charter of John directing 
 the lords and prelates of the land, with those tenants who held of the Crown in 
 capite, to be summoned personally for that purpose. Thus was tiie coiisti'.utiunal 
 principle established of the consent of the coninninity being iiecess-ary in all just 
 taxation, and although we have seen that the attempt which was then made tu 
 extend to the lower orders tiiat right winch they Justly ciuimed, was, at thetiitie, 
 successfully resisted, yet, witli the Harons on their side, it was nut long bofure the 
 silent Revolution was eflected, and the consent of all classes required in Parlia- 
 ment lo the imposition ot the burthens laid upon them. 
 
 But the above Statutes, all important as they ivere in their effects, did not pre- 
 scribe the particular manner by which these taxes were (o be levied, further than 
 by directing that " the burgesses and other freemen of the land," should be suui- 
 iiioned to Parliament witii the peers and prelates. Pereoiiul attendance was itii 
 poisib'e where so large a body of people were concerned— the principle of re pre- 
 sentation, therefore, naturally presented itself, and ilie people elected delegates to 
 appear for them in Parliament and treat with the King tlie nature and amount of 
 the required supply. From this small Iteginning the burgesses, together with the 
 knights of tlie siiire— wtiose origin, though from a different cause, may be simi- 
 larly traced— became in process of time, an integral and essential part of the 
 constitution of Parliament. And, while the rise of the House of Coninioiis, as it 
 is at present constituted, based upon the representative svi^tem, was the natural 
 rtault of the situation in which the country was placed by the just eon- 
 GCBSions of tiie Crown— its gradual, but progressive increase of power umil it at- 
 tained an equal and legitimate sliare in It gislation was the natural result of its 
 establishment, and of those principles of true liberty which from the days of £«l- 
 ward the Confessor, Iiavc ever bei-n the dialing > ^lied characteristic uf Englishmen. 
 
 (I) Taylor's Boole of Rights, 7. 
 
 * '* Siniili modo fiat de taillagiis de civiratc London, et de aliis civltatibus." 
 Jirt Carta Regis Joliantiis,sec 32— in Madiintosh's History of England, r. 1| 
 p. 185. 
 
ON MONET BILLS. 
 
 20J 
 
 might more Strongly be manifest as tlielr " 3ole grant." ^^^^j-^^^'^'lJ^;;^: 
 This, though onco remonstrated against by the Upper ^^'JI^^'^j^^^^^Jlj;'"^"' 
 House (h) has continued ever since to be the practice. i.rins.' v mi-.i iu 
 
 At a later period (/), the House of Commons, finding tijinuious. 
 that the originating power in matters of supply was insuf- 
 ficient to secure to them the possession of this important 
 privilege — the Lords frequently, by amending their Bills, 
 altering the burthen intended to be impo-^ed — found 
 themselves compelled to declare "that in all aids given 
 " to the King hy the Commons, the rate c»r tax ought not 
 ** to altered by the Lords" (k). 
 
 After the revolution of 1GS8, the Commons laid claim 
 to a still farther extension of their privilege, by refusing to 
 receive from the Lords any bill imposing a pecuniary pe- 
 nalty upon offenders, or to permit them to alter the appli- 
 cation of such as they had imposed ; — and by extending 
 this privilege to local and limited assessments for private 
 benefits. 
 
 These proceedings were, at the lime, much protested 
 against by the Upper House, but ineffectually — for the 
 Commons refused to abate their claims in the slightest 
 degree. So that of late years, although the l^ords have 
 never avowedly acknowledged any further privilege than 
 that of originating Bills of S^upply, they have carefully 
 avoided every opportunity of collision on the subject, and, 
 while the proceedings of each House have been marked 
 by a mutual forbearance, and desire to avoid a renewal of 
 the controversy on this ground — the privileges claim- 
 ed by the Commons may now be regarded as permanent- 
 ly and indubitably established. Piincipics bid 
 
 The principles laid down by Hatsell (/), as the right rigin'o'i'the Com- 
 of the Commons with respect to Money Bills, is as fol- Tsuppiy."'"*'" 
 
 ^ ' ' ' " ■ ■■ ■ ■ ■ — ■■ - . I.I- - .1. . i^— — ii— .^—1 ^—^i^i— — ^i^^»^ 
 
 (A) Seo C. J. 17 June, ir.-28. 
 
 (0 C. J. 17 «• 19 May, lG6i ; 17 March, 1670. 
 
 (Ar) C. J. 13 April, 1G71. 
 
 LI) 3 Hats. 137, 
 
 I 
 
 f 
 
iica 
 
 OS MONEY niLr.sf. 
 
 loM's : — let. That in Bills of Supply tlio Lords can make 
 no alteration, but to correct verbal mistakes : and even 
 these tho House of Commons direct to be specially enter- 
 ed on the Journals, that their nature may appear (m). 
 2nd. That in bills not absolutely of supply, yet imposing 
 burthens, as turnpike acts, &c. the Lords cannot alter tho 
 quantum of toll, or the persons, commissioners or collec- 
 tors appointed to manage it*(w) Sec. but in the other clauses 
 they may make amendments (o), 3rd. That where a 
 change may be indirectly thrown upon tho people by a bill, 
 the Commons object to the Lords making amendments. 
 4th. That the Lords cannot insert pecuniary penalties in 
 
 (m) C. J. V. 92, p. (j.)<); KasI Iiitliii Postage Hill. 
 
 0') Sec C. J. V. 8, p. 112, its to the cxcliisivo right of tho Coininona to nanio 
 Cumniissioners in tiills that r.hnrge the pcoplt.*. 
 
 (o> Sec ill C. J. V. 37, p. S-A), report of the precedeiitH of aiiiendiuenta mode by 
 the Lordi to Uillii of Iiicloriurp, collected by a Cuiniiilttee. 
 
 * f II the reJKiiof Ileiiry III. 1235. wc flad (I) ihat mnnarcli appointing Com- 
 missioners for the assessment and collection of the EulK<idiei<, grunted at tlic tinio 
 of liis connrniation of the Charter. Hut in the year 1221, we find (2) tho 
 Cotiiinons proposing ttiat the supply prnnted should be placed in one of the King's 
 castles under tiiu custody of four person.«, to he appointed by the Parliament— who 
 were to see that it was properly e.xpended. Tlicse attempts may be con- 
 sidered as ilie earliest etforls made use nf by the Coinnions for tlie establishment 
 of a Parliamentary control over matters of supply. 
 
 The earliest ins'tance meniioned in (listory of persons to wliom tlie examinaiioii 
 and custody of the supplies was intrusted, being appointed by Parlianieni, and 
 called before Hie House of Commons to account for the suiiie, is that of Johu 
 Cliariiels and Williain de la Pole, in tlie 14 Edw. IK. 1310 (3). 
 
 Since the Revolution of ]6f*S, tlic e.xclusive riglit of appropriating the supplies, 
 as well as of graiitiiig them, has remained unquestioned in the C»minoiis,wlio liavc 
 accordingly tlie privilege of r.omiiiating the Commissioners in all bills to e.vaminc 
 or audit the same, witliout their being altered or amended by the Lords. 
 
 And it lias fieen declared by a Uesolutioii of the House of Coiniuons— on the 
 Cili of Aprill73i)— wliicii is the summing up of several resolutions of a iiiucli 
 earlier dale— " That it is competent to iliis iloiiaie to e.\amiiie into and to correct 
 *' abuses In the e.xpenditurc (if the Civil List Revenues, as well as in every other 
 *' branch of the public revenue, wlienevcr it shall appear expedient to tlie wisdom 
 " of this House to do so." 
 
 And in pursuance of the act 42 060. IIL cli. 70, Accompts of ihe Revenue, 
 Expenditure, Debt &c. of Great Ri;itain are required to be annually made up, and 
 laid before both Houses of Parliament, within fourteen days of their meeting. 
 
 (1) See the Commission in Rymer's Fccdera v. 1, p. 177. 
 
 (2) Mack. Hist. England, v. 1, p. 19G. 
 
 (3) Pari. Hist. v. l.p. 23G. 
 
ON 3il)NEY DILLS. 
 
 267 
 
 a bill, or alter those inserted by the Commons. Further 
 tlian this, Mr. Hatsell duprccutctt an oxtciislon of their 
 claims; for tliose privileges which iiro unJoniably theirs 
 are sufficiently securod to them by the observanco of tho 
 above rules, and would only be weakened by tlioir assert- 
 ing others which may be made the subject of doubt and 
 discussion. 
 
 But the House of Commons seem to liavo meditated a Rciix.iiion of 
 
 liuMii— ns ion- 
 
 relaxation of their privilc«'es in this respect, for, by a recent <i;rii-i i.ccuniury 
 StandiMc; Order (/>), it n provided, tiiat in any caso where 
 a pecuniary ])enalty or forfeiture is imposed, varied, or 
 taken uway by the Lords — the Speaker shall report to the 
 House before the second reading of the bill or amend- 
 ments, wliethor such be intended to impose, vary, or 
 take away, any pecuniary charge or burthen upon the 
 jieople, or whether it relates only to the punishment or 
 prevention of offences — and upon such report (which 
 must be noted in tho Journals) the House shall determine 
 \vhether they shall insist upon their privileges in this par- 
 ticular case ( q). 
 
 With respect to Petitions for Public Money, the House Appiiration for 
 has provided, by a standing order (r) that they will not 
 receive any application for Public Money that does not 
 come recommended by the Crown,* and that they will noi 
 proceed upon any motion, petition or bill for granting any 
 money, or for compounding or releasing any sum of mo- 
 ney owing to the Crown, but in a Committee of the 
 Whole House; see further, chap. XH. On Committees. — 
 (Committees of Supply and of Ways and Means). 
 
 And the House will not receive any petition for com- ^"[^^^."""to'uie 
 pounding money due to the Crown without a Certificate ^^ 
 
 ,rown. 
 
 (p) C. J. 22 June, 1831. 
 
 iq) A case in C. J. 13 Sept. 1831 ; Game Bill. 
 
 <r) S. O. H. of C. Public Mailers, iii. 
 
 * See Appendix XXIL Form of Memorial to Treasury, for Uic consent of tha 
 Crown. 
 
268 
 
 ON HONEY BILLS. 
 
 from the proper officers, stating the amount of the debt, 
 what prosecutions have been made lor its recovery, and 
 how much of it the petitioner and his surety are able to 
 satisfy — see ante p. 230 as to bills for this purpose. 
 
 No petition against a Money Bill then pending, or 
 which h<as been passed that session, will be received — see 
 chap. XI. On Petitions. 
 niTst orUrin^ate ia Every proposition for taxing the subject, whether the 
 UiTwhX"' sole object of the bill, or that of a particular clause only, 
 must be first examined by a Committee of the Whole (s) ; 
 and it is ordered by a resolution of the House [t) that the 
 consideration and debate thereof be not then entered upon, 
 " but adjourned to a day appointed, and then referred to a 
 " Committee" — to the end, " that when money is to be 
 " raised upon the subject, the proposition should have the 
 " fullest and most frequent discussion." For the same 
 purpose, also, it has been seen (v) that all Private Bills of 
 the second class (relating to Public Works) receive from 
 the House the most attentive consideration, as from their 
 nature, they generally impose tolls or duties. 
 
 The preamble of Bills of Supply should run as follows : 
 " Most C4racious Sovereign, We, Your Majesty's most 
 " faithful Commons, have given and granted to Your 
 " Majesty, &c. 
 
 Tho forms observed by the House in the passage of 
 Bills of Supply do not differ from those by which Public 
 Bills in general are regulated, except that printed copies 
 of Money Bills are required, in all cases, to be delivered 
 to the members before their second reading (to) — and that 
 they should not be permitted, on any account, to have two 
 readings on the same day. 
 
 When the House is in Committee of the Whole to con- 
 
 Preamble of 
 Supply Bills. 
 
 Rules respecting 
 ilium. 
 
 Rules in filling 
 up Blauks. 
 
 (») C. J. 18 Feb. 1C67; 29 March, 1707. (t) C. J. 18 Feb. 1667. 
 (t?; See ante p. 194 note. («>) C. J. v. 68. p. 576. 
 
0\ MONEY BILI.?. 
 
 2ca 
 
 of 
 
 Bitlcr Bills of Supply, or to fill up blanks of a pecuniary 
 nature in any other bill, it is an ancient order of the House 
 (declared in 1G75.) " That when there comes a q.iestion 
 '* between the greater or lesse*- sum, or the longer or shor- 
 " ter time, the least, sum, and longest time, ought first to ^^t^fiuli\\'^j^ 
 '• be put to the question." And the usage of the House 
 accordingly is, that if two sums arc proposed to be granted 
 to the Crown, or for the public service, as for the Army 
 or Navy, if the number of men proposed to be moved be 
 dift'erent, or if a larger and smaller tax are proposed to- 
 gether, the Chairman, without considering the smaller 
 sum ds an amendment, immediately puts the question 
 with that lesser sum, the fewest number of men, or the 
 smallest tax; and if it be lost, he again puts the question 
 with the next smaller sum proposed. But if the proceed- 
 ing be in the House on a report, though the alteration pro- 
 posed is for the lesser sum, it must be proposed as an 
 amendment (x). 
 
 The other part of the rule, which gives precedence to Ana the longest 
 ** the longest time" for the liquidation of a sum voted, is 
 thus carried out on a question as to the time of com- 
 mencement of a tax : The later time at which such tax 
 is proposed to have its beginning, should be put to the 
 question before the earlier, though the earlier was first 
 proposed. 
 
 When a new clause of a pecuniary nature has been ifanuMnimmti 
 found necessary, or when it is desired to increase the 'HI |jou.«e of a 
 amount of any pecuniary matter in the Bill, or in any par- u^r " Bi'i^muTt bo 
 ticular clause thereof, tho bill or clause must always be Ilcxcepu''''' 
 re-committed for that purpose — as no burthen, however 
 small it may be, can, consistently with the above Standing 
 Order, originate but in Committee. But whenever tho 
 question has been to lessen the sum proposed, and thereby 
 lighten the burthens of the people, the House has always 
 
 (*) C. J. 13 Doc. 1742 ; 12 Mur. 1749 ; 20 April, 1765, 
 
 8L 
 
!i ! 
 
 270 
 
 ox MONEY BILLS. 
 
 thought itself competent to do so without the inter vcntioe 
 of a Committee. 
 
 It appears (i/) however, that the appropriation clause 
 maybe added to a Bill of Supply in ihe House, without a 
 re-committal. And on the report by a Committee of Sup- 
 ply of a sum granted to make good deficiencies in the sup- 
 plies of the last session, il has been amended in the House 
 by appropriating part of that sum tea particular purpo£e(^). 
 As to amend- Wher: the Lords have made amendn}Ctits to Money 
 
 mRnts made bv •!->.,, , i ■ i ,i /-i • i • i i • • • 
 
 Lords to a Money iJills to which tbc Lommons Consistently with tlieir privi- 
 lege, cannot agree — and yet it is not desired that the bill 
 should be lost, the further consideration of tlie Lili, or off 
 
 Bill abandoned tlic Lords' amendments, is put oft' for the session; or a 
 
 and iicw ont; ■ _ _ 
 
 i)ion>,'iit ill by now Bill is brous^ht ill on motion, founded on the report of 
 
 tlle CulUIUOU::. . . . ... 
 
 the Committee on the original petition, but modified in 
 such a manner as to be satisfactory to both Houses. T!iis 
 Bill pusses through the different stages in the same manner 
 as the former one, excepting that tlie House will some- 
 times (towards the close ol' the session) sliorten the ticie 
 required to intervene between the various stJ^-e-j. 
 
 A case occurred of the Lords {(loposing amendinents 
 to a Money Bill, l)ecomo by delay con!(.'ss;'diy n«M'e?s.irv. 
 The Commons, ho\^ever, refused to allow tlien>, as in- 
 fringing upon their privileges, but offered thenisel vos to add 
 to the bill a proviso totlio same effect, whith bad noryher- 
 ence with the Lords' amendments, and urgvd that it was 
 an expedient warranted by precedents, and not unparlia- 
 mentary in a case become impracticable and irremediable 
 in any other way («). But the Lords refused, and the 
 bill was lost (Z»). 
 Conference. "^ Conference is sometimes asked by the Lords on a 
 
 Money Bill, and allowed by the other House (c). 
 
 (f/) C. J. 3 April, 1707. (z) C. J. IG May, 1717. 
 
 («) 3 Hats. '^JG, 2GC, i>70. 
 
 (6) 1 Cliand. yi!^ ; a like caso, 1 Ciiaiid. 311. 
 
 Ic) 4 I'ail. Hist. :!iM, 3!t:2 ; J. 11. of A. f. C. Itli Scsa. 11 Pari. 
 
 }'<;i 
 
OS MONEY BILLS. 
 
 271 
 
 All irregular ono 
 
 It has been a very common custom with tlie Commons, Praciic«ofvoiing 
 
 , . , , 111 f • . ^ inotipv hv nd- 
 
 particularly towards the close ot a session, to vote money .iross'to the 
 by an address to tlie Crown for the required advance, 
 giving assurances that it shall be repaid at the next 
 session of Parliament. This practice, however, is con- 
 trary to the words and spirit of the standing order {d) 
 above alluded to, which not only provides that the consi- 
 deration of all matters of supply shall originate in Com- 
 mittee of the Whole, but also that such shall not be appoint- 
 ed to meet once, but at a future day, that mature delihera- 
 tion may be given to a subject so important as that of lay- 
 ing a ciiargc or burthen Upon the people. This practice 
 has indeed been principally confined to small sums, and to 
 cases which occur at the end of the session, when the Com- 
 mittee of Supply has closed, and the sum has not been 
 tliought of sufficient magnitude to call for its re-opening (e) 
 — but it is a practice which the Speaker and those members 
 who are desirous to preserve the credit and authority of 
 the House of Comrnons ought to discourage, and not permit 
 to be wantonly adopted, or without apparent necessity {/). 
 
 The measure sometimes formerly resorted to, of tacking Tackmtr Bills <>r 
 
 •' _ _ ^ riniis.'S.to Bills 
 
 to Bills of Supply a clause or clauses containing uncon- oisu^piy. 
 nected matter, with an Intention of thereby compelling the 
 Crown or the Lords to give their assent to a bill which 
 they would otherwise disapprove of, or reject, is highly 
 ii'regular — and a direct breach of the privileges of the 
 Lords (g), and of parliamentary forms in the passing of 
 bills. It fakes away the negative voice of the King, debars Highly irrpgiiiar, 
 the Jjords trom their privilege ot freely debating and Lords privileges, 
 judging what is good for the Kingdom, and tends to con- 
 found the separate rights which belong to each House of 
 Parliament respectively. 
 
 When a Bill of Supply has reaelved the concurrence of 
 
 (rf) C. J. 18 Feb. 1(JG7. («) C. J. 8 April, 1741. 
 
 (/) 3 Hats. 159. 
 
 (g) S. O.n.ofL. XXV. Soe L. J. 9 Jail. leOT ; Malt UiiiicB Dill. 
 
 «i n 
 
 '1 
 
272 
 
 ON MONEY BILLS. 
 
 ua prc:icutiD^. 
 
 Manner of re- the Lords it is returned to the Commons, that it may be 
 BiMs'to^thc'com- presented by tlie Speaker to the Throne. The practice 
 "ntet!*i\.i'the'^^ i" t^^'S rcspect has long been, not to send such bills by the 
 Koyai assent. Masters in Chancery, but for the Clerk of the House of 
 Lords to deliver them privately {h) to one of the Clerks 
 of the House of Commons ; and if there be any doubt which 
 are, or are not, bills proper for the Speaker to present, 
 the Clerk of the House of Lords, in delivering a list of the 
 bills ready for the Royal Assent, desires that the Speaker 
 would mark in that list which of them appear to him to be 
 Bills of Supply, and those bills are immediately sent 
 down to the House of Commons. 
 Speaker's speech When the King is personally present, it has been custo- 
 mary on the Speaker's presenting the Bills of Supply on 
 the last day of the session, for him to make a speech at 
 the Bar of the House of Lords, either immediately arising 
 out of the subject matter of the bill itself, or recapitulating 
 the principal objects which have engaged the attention of the 
 Commons during their sitting [i), in which he should endea- 
 vor to express, as far as possible, not his own individual 
 sentiments, but what he conceives to be the opinions of the 
 majority of the House. This speech is not entered upon 
 the Journals of the House of Commons, without a special 
 order of the House [k), though formerly the practice was 
 different. For, being made at the close of the session, 
 when the business of that House has finished, they can 
 have no place on its Journals; but the substance of them 
 is entered in the Journals of the House of Lords. 
 
 The manner of giving the Royal Assent to a Bill of 
 Supply differs from the manner of assenting to Bills of a 
 
 Roval Assent. 
 
 (A) See C. J. 23 July, 1610. 
 
 (t) For one of the curliest instances of this latter kind, see Pari. Hist. vol. 4, p. 
 397. See also precedents of such Speeches in L.J. 24 July, 1540 i 1 May & 
 22 June. 1689; 22 April, 1671 j 16 April, 1719; 11 June, 1720; and C. J. 6 OeU 
 1715, and 7 May, 1777. 
 
 (*) As iu C. J. 21 Oct. 1745. 
 
ON MONEY BILLS. 
 
 273 
 
 common description ; because, being the gift of the subject, 
 the King's approval Is impli^id in his thankful acceptance 
 of It. The form of words is as follows, " Le Roy remcrcie 
 " ses bons svjets, accepte leur benevolence, ct ainsi le vcult ;'* 
 — " the King thanks his good subjects, accepts their bene- 
 " volence, and wills It so to be." 
 
( 274 ) 
 
 CHAP. X. 
 
 ^n fSiUn ot ^van nntr 3^rtron. 
 
 Bills of Grace, Bills of Grace and Pardon (a) originate with the 
 Crcwn, and are first signed by the King and then trans- 
 mitted to Parliament. They are passed on tlieir first 
 reading, without amendment, " because," says Hakewell, 
 " the subject must take it as the King- wlii give it, without 
 *' any alteration." 
 
 At the reading of the bill the Speaker does not open it 
 {i. €. declare its contents), but merely reads the title, the 
 members sitting uncovered. 
 
 The Royal Assent is not given to it, because It is origi- 
 nally the King's free gift; no other circumstance is re- 
 quired than that its thankful acceptance be expressed by 
 Parliament, which is done in these words. " Les Prclats, 
 *' Seigneurs et Communes en le 2>rcsent Parliament assem- 
 ** Mees, au nom de tons voz autrcs svjcts, rcmercicnt tres 
 " humblement voire Majestic, ct jirient a Dici^ q't'il vous 
 " donne, et sante, hcnne vie ct longucT " The Prelates, 
 " Lords and Commons, in this present Parliament assem- 
 " bled, in the name of all your other subjects, most humbly 
 " thank your Majesty and pray to God to grant you in 
 " health and wealth long to live." 
 
 (o) DEwes, 20, 7;1. C. J. 17 June, 1717. 
 
( ^70 ) 
 
 C H A P. XI. 
 
 (Bn H^tiitiom. 
 
 tlOll. 
 
 pctiliouiiig-. 
 
 It is truly observed by Blackstone (a), that it is the in- Rieiit ofPcii- 
 hercnt right of evety Englishman to pcLiliou* Parliament 
 for tlie rejj-vjss ot" all grievances, beyond the j,^t.>wer of a 
 court of law to relieve [b); but it is also the undoubted 
 riGfht and priviletre ofboih Houses of Parliament, toad- 
 judg^e and tJetermine touching the nature and matter of 
 such petitions, how far they are fit or unfit to be received 
 (c). Accordingly the rules to be observed, and the forms 
 to be made use of by the subject, in the exercise of this 
 riglit, will form the subject for consideration in the pre- 
 sent chapter. 
 
 During the times immediately preceding the rebellion Tumultuous 
 of 1640, the freedom of Parliament was frequently men- 
 aced by riotous and tumultuous petitioning, led on by tiie 
 fiery agitators of those tlnjcs as an end. for the furtherance 
 •of their evil designs. Accordingly, when the nation had 
 in some measure recovered from the sliock of that rebel- 
 lion, which the unrestrained exercise of this right had 
 materially assisted to produce, the statute of Charles was 
 
 (a) 1 Bl. Com. 112. {b) L. J. 9 Sept. KIM. 
 
 (c) Son 1 Grey, 203. 
 
 " *^etiliotis may be transmitted by the post to Sfenibers of Parliament for 
 prescntution, fmc of postage. This privilege was confirmed by a Treasury Mi- 
 nute of the 2i) D'.-o. 18;;n, under the authority of i!ic " Pnnny Postage Act." 
 
 I5y a Staniling Older oi the ilouse o/.' Asicmbly ill lliis Province (vide M.S.S. 
 Journ.^ls, 18;io, p. 97;, the postajje of packets contaiuinjcr Petitions to the House, 
 and documents relating' thereto, shall b'j eliarged in tlic account fur Contingent 
 |ixpcu5cs of the Lcjielature, upon production of such packet to the Olerk of the 
 House, witUoiu any liiaitatioaas to wcisl't- 
 
 
276 
 
 ON PKTITIONS. 
 
 H 
 
 I ^ 
 
 Act for its pre 
 
 VCQtioD. 
 
 enacted, to prevent as far as possible, by legislative inter- 
 ference, the abuse of a privilege which, when exercised 
 with discretion and forbearance, is one of the greatest 
 bulwarks of British liberty. 
 
 By this act (13 Car. II. stat. 1. ch. 5.) it was provided 
 that no petition to the King, or either House of Parliament, 
 for the alteration of matters established by law, shall be 
 signed by more than twenty persons, unless the matter 
 thereof be approved by three Justices of the Peace, or the 
 maior part of the Grand Jury at Assizes or Quarter Ses- 
 sions, in the country — and in London, by the Lord Mayor, 
 Aldermen and Common Council ; nor shall any petition 
 be presented by more than ten persons at a time — under 
 penalty, in either case, of a sum not exceeding ^£100, and 
 three months imprisonment. But, under these regulations, 
 it is declared by the Bill of Rights {d) that the subject hath 
 a right to petition, and that all commitments and prosecu- 
 tions for such petitioning arc illegal. 
 
 Both Houses of Parliament, however, are now in the 
 constant habit of receiving petitions, signed by hundreds 
 of persons, for alterations in the established law, though 
 they be not prepared according to the statute of Charles, 
 but this is a practice of very modern introduction,* and we 
 have a judicial decision (c) on the subject which declares, 
 that this act is not in any degree affected by the Bill of 
 But can be called Rights, and that, though not in present operation, it can 
 quirodi"°° ^^ ^^' bo called forth when any emergency may require it.t 
 
 If a Petition on its presentation appear to contain any 
 informality or irregularity it must be withdrawn, or it will 
 be rejected. 
 
 Not oliservcd by 
 practice. 
 
 (d) 1 Win. & Mary, slat. 2, ch. 2. 
 
 e) Lord Mansfield, iu Lord George Gordon's case, A. D. ITSO. — Doug. Re- 
 ports, STL 
 
 * Sec a valuable historical note on this subject, iu Hallam's Constitutional Hist. 
 of England, v. 3, p. 362-364. 
 
 t Sec the 57 Geo. IILcb. 19, s. 23, regulating the place of public meetings in 
 fFcatminster, for preparing Petitions to Parliament, and other purposes. 
 
ON PETITIONS. 
 
 277 
 
 riio following have been deemed causes for withdraw- Cii««8 in which 
 
 intr nrtltlnnt; • :vtiiion» should 
 
 That there were several interlineations and erasures {/) 
 or alterations {g), in the Petition : That it was not signed 
 (/<) : That it liad no signatures on the same paper (i): Tiiat 
 the petitions of Commissioners were signed only by their 
 Choili'irmn [k) : That the signatures were all in the same 
 handwriting {I) : That the petition was against a tax bill 
 then pending (m) : That it was not in the English language 
 (») : That it was informal (o), or not worded in a respectful 
 manner {p) : That it used disrespectful language towards 
 the other House {q). Sometimes petitions have been with- 
 drawn without any reason being entered on the Journals (r). 
 
 The following have been deemed causesfor rejecting Cusnswherc they 
 Petitions : — That the petition takes notice of what pas- JccVed!"*" '''" 
 sed in a debate in the House (s) : That it reflects on the 
 conduct of the Judges {t) : That it is printed (v) : That it 
 indicates a disposition to resist the law by force [w) : or 
 that it contains matter offensive to the House (x).* 
 
 The causes cited above apply equally to both Houses 
 of Parliament. 
 
 No member should knowingly present an Informal peti- 
 tion, but if he do so, and no other member take notice of the 
 irregularity, it is the duty of the Clerk who reads it to state 
 the fact, and the petition will be rejected ; but if the Feti- 
 
 ch) C. J. V. 74, p. 286 ; J. Couch. 
 <i) C. J. V. 72, p, 155. 
 CO C. J, V. C4, p. 37^. 
 (n) C. J. 16 Mar. 1821. 
 (p) L. J. V. 52, p. 635. 
 
 CO C. J. V, 64, p. 184 ; Of H. White. 
 
 (h) C. J. 15 Feb. 1750. 
 
 ik) C. J. 27 Mar. 1789. 
 
 (m) C. J. 20 June, 1816. 
 
 (o) C. J. Y. 70, p. 259. 
 
 ^q) C. J. V. 93, p. 236. 
 
 (r) C.J. V. 71, p. 494. General Index, 1820, p. 700. 
 
 (»> C. J. 7 Mar. 1821. (t) C. J. v. 71, p. 379. 
 
 (v) C. J. 23 Sept. 1656. G. I. 1820, p. 766. 
 
 {to) C. J. 2 Aug. 1832. (x) C. J. 2 Aug. 1832. 
 
 * For a variety of other rea.^ons assigned for rejecting Petitions, see tht 
 General Index to the Lords' and Commons' Journals (Petitions). 
 
 2M 
 
27S 
 
 ox I'F-TITIONS. 
 
 tlon has once been received, no informality can afterwards 
 be noticed {y) except it be of a nature which would affect 
 its correctness or legality. This appears to be the practice 
 of the House because they may sometimes feel disposed 
 to relax the rule in favour of some impoitant measure, — 
 as, during the last session of the Imperial Parliament^ 
 many printed petitions were received by the House of 
 Commons in favour of the " Penny Postage" scheme, na 
 notice being taken at the time of their infonnfility. But 
 where the informality is of buch a nature as to affect or 
 call in question the correctness of the Petition — as, that it 
 has not been signed by the Petitioner (2), or not signed at 
 all (rt), in that case, notice being afterwards taken of the 
 same, the Petition must be withdrawn. 
 
 It is irregular to enter too minutely into the provisions 
 prayed for, or to prescribe to the House the mode of re- 
 lief {h). A Petition praying relief should not, in point 
 of form, either prescribe the quantum, or mention the fund 
 out of which it is to be granted. 
 Not to be re-^ Neither House of Parliament will receive any Petitior> 
 
 ceived ngaiiist . v p • • j / \ 
 
 Tax Bills of that agamst a bill pendmg lor imposmg a tax or duty (c), or 
 
 •cssion— except. . . i - , • / jv t» l • 
 
 agamst a tax imposed in the same session (a), iiut this 
 does not extend to prevent receiving petitions praying for 
 the repeal or alteration of taxes or duties Imposed in any 
 former session ; nor to Petitions against the Trade Regu-^ 
 lations in tax bills (c), if it be seen that they are so clearly 
 and explicitly worded as not to infringe upon the rule; — 
 nor to petitions from the Corporation of the city of London^ 
 in Common Council assembled, as the forms permitted by 
 the indulgence of the House in receiving their Petitions^ 
 
 Form of PetU 
 tioiis. 
 
 (y) See Sherwood on Private Bills, p. 35, note. 
 
 (z) C. J. 24 Feb. 171)7. (a) L. J. v. 51, p. 5lO. 
 
 (b) 3 Hats, 226. 
 
 (c) Sec L. J. 3 May, 173G ; 18 June, 1783 : and C.J. 5 Apr. 1712; 28 Jan. 1760. 
 
 (d) C. J. 17 May, 1816 ; 13 April, 1602. 
 
 (O C. J. V. 17, p. 142; 24, 27 & 29 June, 1785. 
 
ON PF.TITIONS. 
 
 270 
 
 the 
 
 preclude tho House from knowing their contents till ihcy 
 have been received and read. 
 
 The petition nnust be written, and not printed {/) on "'>"■ toJjciirawn 
 parchment or paper {g). It must be in the English lan- 
 guage [h). A Petition in a foreign language will nut bo 
 received unless accompanied by an English translation, 
 which must be certified to be a correct one by the member 
 presenting it {i). The Petition must be signed by tho 
 parties preferring it, with their own hands (A), except '\\\ 
 case of their inability from sickness (/), or being unable to '^'"^ signed, 
 sign, when it may be averred by a member (/«). There 
 must be some signatures on the same sheet as the Petition 
 Itself (w). 
 
 Petitions from bodies corporate must be under their ,'^.,',l|',I'jili-c*"" 
 common seal (o). A Petition signed by an individual as '»o*i'«^«. *^c- 
 Chairman of any meeting will not be received {p) except 
 as the petition of the person signing {q). 
 
 Ui 1 r> • •! /> ^ . .!_ False silfuaturcs 
 
 IS a breach ot privilege lor any person to set the name 
 
 of another to any petition to be presented to the House 
 (r). But some false signatures have been held not to 
 vitiate those that wore good, and tho petition was received 
 (*). The House sometimes appoints a Select Committee 
 to enquire into the signatures of any suspected petition, 
 to which petitions complaining of their forgery, and court- 
 ier petitions declaring them genuine, are referred, to report 
 thereon [t). 
 
 In the House of Commons, on the 20th March, 1833, an Musibesignnd 
 
 by Memlier pre- 
 
 order was made that all Petitions presented should be scntiug it. 
 
 (/) C. J.3 3Iar. 1817. 
 
 (^) C. J. 6 May, 1793 ; 30 Juue & 7 July, 1813. 
 
 (A) C. J. 16 Mar. 1821. (t) C. J. 21 Mar. 1821. 
 
 {k) C. J. 26 May, 1685 ; 14 Nov. 1G8D ; 27 Jlar. 1789. 
 
 (I) C. J. 8 Nov. 1675 ; 2 Hats. 180. {in) 3 Grey, 418. 
 
 (f») C. J. 29 Jan. & 12 Mar. 1817. (o) C. J. v. 53, j). 530. 
 
 (p) C. J. 27 Mar. 1789. (,y) C. J. 11 Mar. 1817. 
 
 (r) C. J. 2 June, 1774. (,; c. J. 7 .Mar. 1817. 
 
 (t) C.J. 6, 11, & 13 Mar. 1834. 
 
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 \ 
 
280 
 
 ON PETITlONfi. 
 
 1. II 
 ill 
 
 Dallot for prnon- 
 dence oi' prvscn 
 tdtiou. 
 
 Form of pro- 
 cuntiiig. 
 
 Petition* from 
 Corpiiriitioiis of 
 Loiitloii uihI 
 Duhltii. 
 
 signed at tlic top by the mrrn^)cr presenting them; and 
 although this order, being a sessional one, has never been 
 renewed, yet in practice it has been acted upon ever since. 
 
 In the House of Commons, where the number of peti- 
 tions presented every morning is necessarily very grout, a 
 Ballot takes place half an hour [v) before the time appoint- 
 ed for the Speaker to take the chair, for entering tho 
 names of all members having public petitions to jircsent, 
 on tho Speaker's list, to be culled up by him in the order 
 in which they ure balloted. 
 
 Every Petition must be presented by a member, and 
 must be opened by him, holding it in his hand (w , except 
 (in the House of Commons) petitions from the Corpora- 
 tion of London, which are presented by tlie City SlierilTs ; * 
 and from the Mayor and Corporation ol" the City of Dublin, 
 which may be presented by the Lord M.iyor of Dublin at 
 the Bar of the House (x\ With Petitions from the Cor- 
 poration of London, both tho Sherilfs must attend ; but 
 on an emergency one Sheriff has been allowed to present 
 the Petition, the House having been informed by a mem- 
 ber that the other Sheriff was confined by illness (^), or was 
 absent on indispensable busincssf (z). 
 
 If there are two or more Petitions from the Corporation 
 of London to be presented at once, the Sheriffs should with- 
 draw after having presented the first, and re-enter to pre- 
 sent the second, with the same formality {a). 
 
 (r) C. J. 23 Jimn, 1^35. (le) lOGri^y, 57. 
 
 (z) C. J. V. fiP, p. '20'.}. (y) C. J. 25 Nov. IfM. 
 
 (:) C. J. 1.-) May, IfCO. {a) S.c C. J. 7 Mar. 1830. 
 
 * Tiiiit lliJ!! long OMialilifilietl usapo is n inultrr of imlulgcncc only, and not of 
 right, iippnarii from tliu Journal!* of (lie Hlli April, IfifH), when tho tiliPrifTs of Lon- 
 don worn, npon a (pirstion and division, refuted to be admitted — (Sec the debate 
 in (Jrey'M Dfltuteb, vol. 10, p. 5-1.) 
 
 t And if either of the Siieriirsi be a Member of the House of Commoni, he may 
 not attend to proscnt (lie Petition. In u ca.sc on the l»t Feb. 1724, one of the 
 .Shcrifls being a Member of the llon^e, and the other being ill, the Petitiou was 
 allowed to b(^ prcscntrd by two Aldermen and four Common Couavilmea. See 
 aUu tht.* Ml March & SiU May, 17*0. 
 
O.N I'LTITIOXS. 
 
 281 
 
 In the House of Lords, uw tlie first Jay of every new Trvr^nn." 
 Parliament, ufU'r the Coniiiions have rci;rcd to < hoose i'.,,ii'.Mi,'j'a 
 their S|)(.-akt;r, Tryi r.s and Kfccivcrs of Petiii* ris uiir ap- 
 poiiiltii. Tlio lioctiivcrs are four Jiistii os and iwo Atten- 
 dants Maslt.'rs in ('hanccry^ lor (Ircat BriJaiii; anil three 
 Justices witii two Aii<ndants ft.r N(M-nian»ly. Anjou, &c. 
 Put.tioiis lii-t! f'> 1)(! (h-livertil to them within six days. 
 Thei. are appuinted six i'cc rs and two Llishops to bo 
 Tryer- (>r P«. liiiuns fl>r (Jreat Tritain, and the same num- 
 ber f.n' Xo'.inac'J V and (.lh"r places hevotid the sea.". — 
 J hey, oi- at y foin- oi' (Lrm, >;i. ,n the Treasury C haiTihcr 
 assi.<led by the Kii-i^'-. Counjil, 'o iitjoul whether the Pe- 
 tition:, aie rfa^oiirjljh , a: d i"t to bo olFc-rt'd to tlie Lords. 
 This tribunal Jiad its origui in t!ic- lime of Edv\ard I. who 
 ordeie.l iliat all petitions fur redress of any kind, beyond 
 the power ol" any Court of Law to grant, should be pre- 
 sented to him ill his Great Council of Parliiment. l^ut 
 altlijugh the form of appointment is still obs'.rved, their duty 
 and service have gradually fulh-n into disuse. 
 
 The mendjer wh(j presents a petition ought to liavc ion, ..f rc- 
 first read it, and be prepared to say that in his judgment "'*"'-' 
 it contains nothing intentionally offensive to the House (i;. 
 Regularly, a motion should be made, and (juestion put 
 for receiving it (except it be an Election petition;, but a cry 
 frona the House of" received " or even its silence, dis[)enscs 
 with such a formality. Hut in the Imperial Parliament 
 the regular form is gone tlirougii. 
 
 No petition for any sum of money relating to the Public K..ig'« consent. 
 Service — or that relates to any Crown Lands — will be 
 received, unless recommended from the Crown {c\. This 
 recommendation is signided by the Chancellor of the Ex- 
 chequer, or some other of the Iving's Servants, as soon as 
 the member has opened the petition, and before tiie (|uestion 
 
 (ft) 2 llutd. 189; 3 Huts. 24f), noU. 
 
 ie) S. O.H. ofC. xxxix. ; II Juiin, 1713; W D.e. lcJir>. 
 
282 
 
 ON PETITIONH. 
 
 for bringing ii up (cZ). Neither will the House receive 
 any petition for compounding debts duo to the Crown 
 upon any branch of the Revenue, without a Certificate 
 from the proper officer annexed to it, stating the debt, 
 what prosecutions have been made for its recovery, and 
 how much thereof tho Petitioner and his surety are 
 able to satisfy (c). 
 
 The consent of the Crown having been given to the pre* 
 sentation of a petition for remuneration, &c. — it is unneces- 
 sary for a motion to bo made for tho appointment of a 
 Committee to take it into consideration, but the member 
 having charge of it sliould, at the usual time, move that 
 it be referred to tlie Committee of .Supply. 
 
 When the King is, in any respect, a party interested, it 
 is usual for the Chancellor of tho Exchequer, or of the 
 Duchy of Lancaster, to acquaint the House, either on 
 presenting the petition, or in the course of the bill's pro- 
 gress, of the consent of His Majesty to the same, so far as 
 His interest is concerned (y*). There arc instances of this 
 consent having been given in every stage of such bills ; 
 but if the King's interest be important (as in the case of 
 any proceeding affecting the hereditary revenue) the con- 
 sent should be signified in the earliest stage (g). 
 Bfcinhnr's speech On the 27th July, 1836, it was stated by the Speaker, 
 Peutbns? "^ " That it was the rule of the House, that if a Petition was 
 " presented referring to a subject before the House, the 
 " member presenting it should confine himself to a state- 
 " ment of the substance and prayer of such Petition. But 
 " in regard to Petitions complaining of individual griev- 
 ** ances, and not relating to any public general matter be- 
 '* fore the House, members presenting the same should be 
 " allowed to enter into a statement of the facts and argu- 
 " raents connected with them." 
 
 (</) C. J. 3 May, 1798. (c) S. O. II. of C. xxxix. 
 
 (/) 2 Hats. 350. 
 
 {g) Wee for iuatanccs, General Index to Conmoni' Journali, 1620, p. Sid. 
 
 . I 
 
0\ PETITIONS. 
 
 2S3 
 
 As to the mode of proceeding upon a Petition for a pri- 
 vate bill, see (Miap. VIII. On Priratc liilis, — and on I'e- 
 lltions complaining of undue returns, see Cliap. V. Ofi 
 Election Prtitiona. 
 
 The mode* of proceeding upon Public Petitions, wliich pui,|,c Petitions. 
 are ])y far tlio most numerous class, is very difl'erent. 
 Great inconveniences wero formerly sustained, in iho 
 House of Commons, not only from tbe number of Petitions 
 of this nature, but from the frequent introduction of do- 
 bates thereon, which trespassed very materially upon the 
 other and more important duties of the House. A plan was 
 at length adopted on the 20th February, 183.*], whereby 
 this Inconvenience was in a great measure removed. It 
 was ordered that in future the House instead of assembling 
 at 4 o'clock (the usual time of mooting) should meet every 
 day except Saturday and such days as might bo set apart 
 for the consideration of Election Petitions— at 12 A. M. 
 for the presentation of Petitions, and the transaction of 
 private business ; and continue sitting till 3 o'clock, P, 
 M. unless the business was sooner disposed of. 
 
 At these morning sittings all the Petitions presented for Mominir »i»inif 
 
 ° " ' lo ri'cnve mill 
 
 Private Bills are refen jd to the usual Committees,— those refer I'cuuoun. 
 
 complaining of undue elections or returns are dealt with 
 
 as usual — and all remaining Petitions are referred at once 
 
 to a Sessional Committee of eleven members (five of whom _ ,, „ .;.;„„. 
 
 are a quorum) called "the Select Committee on Public '?'*"*"'*"* 
 
 T ' ^ ( onimiitfR to 
 
 "Petitions," whose duty it is to examine, classify, and ''""''">""•' •'"* 
 prepare abstracts of the same, in such form and manner of thcw. 
 as shall appear to them befit suited to convey to the House 
 all requisite information respecting their contents, and to 
 report the same from tinrje to time to the House. These 
 reports must, in all cases, set forth the number of signa- 
 tures to each Petition. This Committee has also power to 
 direct the printing in extenso of such Petitions, or such 
 parts of Petitions as shall appear to require it; and to re- 
 port observations upon their contents. 
 
 I 
 
2St 
 
 ON PETITIONS. 
 
 Ii.ms"at"L""' II ^'^s further orJered, that the Speaker shall lako the 
 moriiiiigMHings. cljair at all these moining sittings when tticnt t/ mcinherB 
 arc assembled — ifistead of forty (the usual quorum) — and 
 they mi y proceed to business with that number; but it is 
 still in the power of any member, at his discretion, to call 
 for the House to be counted, and yJ/;7y members not being 
 present it must bo adjourned. ]3y this check a proper at- 
 tendance of members can be secured wiicn apv Petition of 
 importance is about to be presented. 
 To bo ndjouniod The Speaker is also directed to aJinurn tlu? House at 
 
 at 3 o'cloc-k. ' '' 
 
 three o'clock precisely (without a quesiiim first put) until 
 
 five — and all business interrupted by such adjtjurnment, 
 
 must be resumed at the next morning sitting as an adjourn- 
 
 j I ed debate, in preference to any other businesr. And if 
 
 the private business be disposed of before three o'c'ock, 
 iho Speaker may adjourn the House, without putting a 
 question, until five. 
 
 This plan has no reference whatever to the evening 
 sittings, \vljich are to commence at five o'clock, if forty 
 members are assembled, and proceed to take into consi- 
 deration the orders of the day. 
 Petitions apainst Any Petition against the principle of a Bill should be 
 presented! ^" ^'^ presented after its first reading, when an order is usually 
 made that it do lie on the nble until the second reading ; 
 and that the Petitioners be then heard against the bill*. 
 But if the Petition be against certain provisions of the bill, 
 it should be presented after the second reading, with the 
 grounds of objection distinctly specified — {sec ante p. 210) 
 — it will then be referred to the Committee on the bill ; 
 and, if it contain a provision praying to be heard by 
 counsel upon those grounds, powers will be given to tho 
 Committee for that purposet. 
 
 * For the innnncr of iie.iring Counsel upon such a Petition, at the second 
 roadiiiir of the Dill, See ante p. S0!>. 
 
 t For the manner of hearing Counsel upon Euch a Petition, before tlw Commit* 
 toe on tho Bill, see antt. p. S13. 
 
( 2S5 ) 
 
 C 11 A V. XII. 
 
 Committees. 
 
 a^n CommttterjQ. 
 
 A Committee is a number of the members ofthe House 
 (select, or otherwise) appointed to consider and digest 
 matters referred to them, and, upon documentary evi- 
 dence or oral testimony, to make such a report as will en- 
 able the House to proceed upon the subject under consi- 
 deration, in a manner that will best conduce to the welfare 
 of the state, or the interest of the parties concerned. 
 
 They are of various kinds, viz : Standing and Sessional 
 Committees, Committees ofthe Whole House, of Supply, 
 and Ways and Means, Select and Joint Committees, and 
 Committees of Conference. 
 
 I. STANDING COMMITTEES. „ „^„ 
 
 Standing CoM- 
 
 There have usually been five Standing Committees ap- >'ittees. 
 pointed at the commencement of a Parliament («), and re- 
 maining daring all its sessions, viz : for Privileges* (and 
 formerly Elections); Religion; Grievances; Courts of 
 Justice [h] ; and Trade. 
 
 The Committee for Privileges always had precedence of of Privilege, 
 all otherCommiltees whatsoever (c). Its power was former- 
 ly to examine and consider all questions " which shall grow 
 " and arise in that Parliament, about Elections,t Returns, 
 " and other Privileges" {d), and report their proceedings 
 and opinions thereon to the House, from time to time — but 
 
 (b) C. J. 13 Nov. ITfil. 
 
 id) So cutcred, C. J. C Nov. 1640. 
 
 (o) 4 Iiut. 11 ! Scobell, 9 ; Lex Pari. 341. 
 
 {c) Scobell, 10. 
 
 * This is now a Sessional Coniniitti'C. 
 
 t Controverted Elections were formerly decided by the House upon a report 
 from the Committee of Privileges. This practice had prevailed ocr since tho 
 Commons first exercised a jurisdiction in this matter, and it was not discontinued 
 until the year 1770, when the present admirable system of Election Committee* 
 was first introduced, by the Grenvillc .\ct. 
 
2SG 
 
 o\ rOMMITTKi;3. 
 
 i '! 
 
 ForTraJf, Ac. 
 
 lor Juslicr, 
 
 Quorum. 
 
 ProccfUins*. 
 
 Ses-ion.m, for' 
 
 miTLKb. 
 
 since a separate trll)tinul lias bocii erected for tlic trial of 
 Contested Klrctions, its duty has Im-ch confined to inci- 
 dental ijuesliojis of PiMlege refenctl to llioni, or wliicU 
 are reedlul to lu) so considered. 
 
 The ('otnmittce i'or Tiudo liatli sometimes l)een a So- 
 lorl Commltifo, j>nrticulurly named; sometimes a CI rand 
 (.'oTimitice ofllK! AVIidlo IIoupc 'Die Committee^* for(c) 
 J{elI;iion, CJrievances. and (,'oiirts of Jiu-tire, are always 
 (irand Committees of the AVhole House. The Commit- 
 tee for.Tustice. it is said, niay summon any of the Judges 
 atid examine lliem in jier.son, npon coiojihilut of misde- 
 meanor in tlieir oilice (_/*). These, when not Corrmiltees 
 of ti<e Wlu'le, are first called in tlie Speaker's Cliamher, 
 and then ailjonrned into the Ifonse, because they are 
 usually very numerous, every mendx'r iiavinfja vole therein 
 though not namtnl of the Committee. There must he at 
 least eight members present to empower the Committee to 
 act. Tlie person first named is usually the Chairman; 
 but this is a matter of courtesy, every Committee having a 
 right to elect their own (x,'^). 
 
 At these Conmiiilees the members are to speak stand- 
 ing, and not sitting, though there is reason to conjecture 
 that it was formerly otherwise {h). 
 
 Their proceedings are not to be published, as they are 
 of no force till confirmed by the House (/). Nor can 
 they receive a petition but through the House (/.). 
 
 Standing Committees may be said to have fallen into 
 disuse, their duties being now performed, in many cases* 
 by Sessional Committees a])pointed for the purpose. 
 
 sti.-sio.VAi. coMMirrrins 
 Are now, in the Lords, two, viz : — for Privileges and for 
 the Journals. In the Commons there are seven, viz : — 
 of Piivileges ; of Expiring J^aws ; of Supply, and of 
 
 (t) C.J. 21 Ji.llirs I. 
 (,g 4 IllM. 11,1.'. 
 
 (0 SUrt-y, 101; »iol> :rj. 
 
 (/; 1 .^id.aj.-*; Colli} ii's fife'. Tiirl. E.ia. 
 (/i) Di;\vr.., U30, tol. 1, 4 i ;; Hats. "IT. 
 (A-> 'J liicy, 4l;i. 
 
coMMiiTKi's or Tin: w i«ti.i:. 
 
 2SV 
 
 Ways and Means (as to tliern, see po.sf CVumnittcos of Sup. 
 ply, A:c.1; of Pufitinns for Private IVill-i, antl of Slandin;^ 
 Orders (Pfc anfr ('liri[). VIU. on Prin/fr /»V//.v) ; and of 
 Public Petitions (soc r/w/r- Cluip. X f. Oft l*c(ilion<<.) 
 fo>i>irr'n;i:.'« ok iim: amioi r. 1:01 sii: 
 
 Or, us liiey are sometimes iD<>ro sonorously called, 
 Grand Committee.s. 
 
 The Sjjoecli, Mosiat,^', and ollu-r matters of great con. 
 cernmejit, arc usual! v referred to a Committee of the 
 Wiiole House (/), wjiere general principles are digested 
 in the form of Itcisolutitn-;, which are tlel»at«.'d and amend- 
 ed till they have arrived at a state satisfactory to the ma- 
 jority. These being imported , and confirrnc'd by the 
 House, are then either relerred to one or more Select 
 Committees, (accordingly as tlie subject divides itself,) to 
 draft bills thereon — or considered and acted upon by the 
 House. 
 
 The object of going into Committee is, professedly, that 
 the bill may be maturely considered in all its parts and 
 Tjearings. It is with the detail that the C'ommilteo las to 
 deal, the principle must be considered to have been already 
 examined and pronounced upon. It remains only lor the 
 Committee to discuss the best mode of carrying it into ex- 
 ecution. This is the fit stage for offering suggestions for 
 the improvement of the measure, in order to give it great- 
 er efficacy — for proposing any alterations or amendments to 
 guard the interests of those afl'ected by it ; in sliort, of at- 
 tentively considering the adaptation of means to their end, 
 of parts to the wiiole, of the machinery to the invention (w). 
 
 The sense of the whole is better taken in a Committee, 
 because the members have, therein, liljerty to speak as 
 often as they may think fit, to one question (»). 
 
 Propositions for any charge on the people, it has been 
 seen (o), must emanate from Committees of the Whole. 
 
 (■|'^1VITT|■r« or 
 
 Tlioir objecf. 
 
 (/) CGrey, 311. 
 <«) Scob. 19. 
 
 (m) Uwar. 15-1. 
 
 (fl) Sec ante p. 2G«. 
 
I 
 
 Kul<*ii ofiirn- 
 Cfctiiiig (livrcm. 
 
 rimirmaii. 
 
 Quorum. 
 
 Order. 
 
 Mi;s«agc. 
 
 Motiouf. 
 
 PivUiuiis. 
 
 288 
 
 ON committff:.**. 
 
 Tlio form of going into Coinmiitoc U, for the Speaker, 
 on motion, to put the (jiicstion " lliat tlio House do now 
 " resolve itself into a Committee to take into a considera- 
 *' tlon" such and sucli a matter. If agreed to, lie calls 
 upon any member present to take the CMuiir of Clominiltec, 
 which is at the clerk's table, and leaving his chair he takes 
 a seat elsewhere and may then speak and \ole as any 
 other member. 
 
 They generally ac(juieso in the Chairman appointed by 
 the Speaker, but, like all other Committees, tliey iiavc 
 a right to appoint a Chairman themselves, by election (/>). 
 
 The Chairman takes liis seat with his hat on, and the 
 Committee proceed to business. On public bills the [>re- 
 amble is postponed, to be discussed last; in private bills 
 the preamble is to be consi(Jered before any oilier part. 
 The quorum is the same as that of the House (/. c. forty 
 members), and if a defect occur, the Chairman, on motion 
 and (juestion, rises, and the Speaker resumes the chair to 
 receive tlio report, which can be no other, in that case, 
 tlian to inform the House of the cause of their dissolution ; 
 but on a question of "order" arising, the Speaker may 
 take the chair without motion (//), for the Committee can 
 not punish a breach of order, but must rise and report it 
 to the House (/*). 
 
 If a message be announced during Committee, the 
 Speaker takes the chair to receive it, because the Commit- 
 tee cannot {s). 
 
 It is often said, that in a Committee of the Whole, there 
 is no necessity for a motion to be seconded, llatsell says, 
 that he does not know on what authority the assertion is 
 made, nor that it is justified by practice. 
 
 On a division, the Committee divide to the right and left 
 within the House, the Chairman directing the yeas to one 
 
 (p) Scob. 36. 
 (r) 9 Grey, 113. 
 
 (7) 3 (Jrcy, 128. 
 (5) i) Huts. 125, 126. 
 
cuMMirTi;i..s or rm:. wiioi.r.. 
 
 2S0 
 
 slJo, ami tho noes to tlio oUior ; nml appointing one of 
 eaxli to count auil report tlio niiinbors, wliirh is Jono in 
 tlic same urtler as in the House (See (i.'itc p. I'.iO) exc([>f that 
 tho TeUer'd obeisanee is only niatle twice in n Coiiirrr.ltcc, 
 wlicn^TS iu tho House it is three times. 
 
 In a Committee of the Wh.ilt? no niemher may altt-r a \ '.r.' 2 1 Piii 
 a hill, even to correct a ni isf aUe, without the orJer or 
 knowleJ'je of tho Comrniilee (^\ 
 
 If tlio Commitlee he broken up in cJisonhT it is cnnsiJ- i.iM>rJ.r. 
 ered as thereby dissolved, nml the subjed must be 
 brought anew before the House [r]. 
 
 No previous (piestion can bo put in this (or anv) Com- \iij<iurnni«-iit. 
 mittee : and, if tliev caimot perfect their l)usine.ss at one 
 
 P 
 
 sittMig, they may not ailjourn, as otner C oiiuuitlees 
 
 but 
 
 RfporC 
 
 question must be made for reporting to the House, and 
 for leave to be asked to sit nt^ain tiu*reon. Hut if 
 the matter has received a lull deJjate, and it is jud;^ed tit 
 to bo considered in the Hoiise, the Sj>eaker is called to the 
 chair to receive the same. The Cliiiirnian must make tho 
 report, standinji^ in his usual place, from whence he should 
 go down to the bar and from thence bring up his report 
 to the table. But if the House have not leisure to receive 
 it at that time, there is a cry from the members of " to- 
 " morrow," or "on Mondav," &:c. or a motion is made to 
 that effect, and a (luestion put that it be then received (t). 
 
 If the Committee, on considering the <juestion before r.,mmiitc«» may 
 them, deem it inexpedient or objectionable, and not wor- rp|«rtiii{.'. 
 thy to be brought before the House, a motion should be 
 made that the Chairman do leave the chair; he then re- 
 ports that tho Committee liavc luscn. The subject is then 
 dropped for the session (:c}; unless sul)30fjuently revived 
 by an order of the House, which may be done, the House 
 not having actually negatived the question. 
 
 (t) 1 Cliand.77. 
 (jc) Scob. 38 
 
 (r) 3 Grey, VM. 
 
 (z) C. J. '29 July, 18 Jo ; County Coroner's Bill. 
 
 I 
 
 k 
 
200 
 
 O.V COMMITTLEM. 
 
 Orunil Cuiiiiuii 
 
 CoMMITTT.r. OP 
 
 (Irand Cominlltccs aro merely Commiuecs of tlio 
 Wliolo tindur a nioro dignififd iiuinu; tlioy are used on 
 suhjucts of groat iin{)ortiincc, or when a l)ill i'or imposing 
 a public lax is to bo coirmiilted ; lliey liavo powers and 
 instructions given tliem, in some cases, by the House, as 
 " to send for witnesses," "to liear or assign counsel," &c. 
 In other respects tho rules of proceeding aro tlio same as 
 in the House. 
 
 See further incidcntallv, as to Committees of the Wliole 
 in Chapters Vll. and V^JII. Oh Vuhlk and Primte Bills, 
 
 COMMITTKICS OK SM'I'LY, AM) (JF WAYS AM) MKANS. 
 
 Two Committees of the Whole, which arc appointed by 
 the House of Commons at tho commencement of every 
 session, — tlje one lor considering tin.' (juuntum of the Sup* 
 ply granted to tlie Crown for the purposes of the state, 
 — tho other to find out Ways and Means for raising that 
 Supply. 
 
 The Committee of Supply is appointed, in compliance 
 with a Standing Order of the l8lh Feb. 1GG7 (_y), toconsidcr 
 of the Supply granted to liis Majesty, in general terms, by 
 a former vote of tho House. And as this Committee takes 
 origin from the aids demanded by the Crown, it cannot 
 properly have cognizance of any other matters except such 
 OS are laid before tho House by tho direction or recom- 
 mendation of the Crown, [z) for tho public service, and 
 therefore if at any time it bo desirable to vote a sum of 
 money in this Committee which is not intended for the 
 common aid so demanded, the House must, to entitle the 
 Committee to tako this matter into their consideration, 
 enable them to do so by particular instruction. Tho 
 Application* for House havc (It has been before shown {a),) likewise 
 
 Culilic mniiov to , A ., nil 1 Ml * Tt • ' r 
 
 c rrcornmniiiird Ordered ' 1 hat they will receive no 1 etition tor any sum 
 
 > c rwwii. «« of ujQngy ^-eijiiing to the pubhc service, but what Is re* 
 
 Its dutioi. 
 
 (jr) Soe Commons' Jourual*. 
 («) Sec anit, p. 261. 
 
 <t) 3 Hats. \V2, 
 
( OMMITTIT. or .xi PI'I.Y. 
 
 29 1 
 
 m 
 
 id 
 
 13 
 
 ^ • 
 
 IS 
 
 
 "commended from tlic Crown"* (/»). And llic uniform 
 practice of ilio House has applied lliis order to all motions 
 whatever for grants of money ('), whether the grounds of 
 such application h;ive ht-en public or private, that tlicy 
 may not he trouhlotl with Petitions or re<|uests of a frivo- 
 lous and vexatious nature. I'^pon this principle, heforc 
 tlie House can give the Committee power to consider the 
 providing for the pay and clothing of the Militia (which 
 is done hy an annual Act), some menjber of the House of 
 Comniony, aulhoiised by the ('rown, must accpiaint the 
 House that the Iving recon^mends the same to their con- 
 sideration. 
 
 This Committee is apt)ointed as follow5 : — at the com- Mrtmipror up- 
 mencement oi every session the Cnancellor oi the itiXcne- nmne oij^iippiy. 
 «|ucr, to whom the task of maniging all matters of Supply 
 iu the House is generally, though not necessarily, intrust- 
 ed — moves, that the House, on such a day, do resohe 
 itself into a Committee oi"thc AN'hole to take into consiilera- 
 tion that part of the Speech from the Throne whicli 
 relates to Supply. In the Committee, tliat part of the prormiings 
 Royal Speech relating to the estimates is reati, with the "»•-'•■'"• 
 former motion agreed to by the House, and the (juantum 
 of Supply is then moved and considered. AV'hen the 
 Ivesolutions of Supply are re[)orted to the House, and Report, 
 agreed to, they are then refened to the Committee of 
 Ways and Means to consider the proj)er modes of raising 
 the intended grant. 
 
 When a Committee drops, from neglect of the Chairman rommittpe 
 m not asking leave to sit again, or Irom an adjournment, 
 or from want of a quorum, or from the order of tlie day 
 for the Committee being omitted to be read and disposed 
 of {d) — it may be revived by a Special order (t). J5ut 
 when the Committee of Supply has closed, without direc- 
 
 (*) C.J. II Jiinc, ITlU. 
 (rf) C. J.-;22 Jan. 1T17. 
 
 (o 3 iiit>. nj. 
 
 (O (*. J. n March. 1713. 
 
 * ScR Appendix XXII. Fo.'in of Mciiiorijl to tiio Treasury for tl.c cuiiaenl of 
 the Crowu. 
 
292 
 
 ON CO.M.MrrTKKS. 
 
 Revived. 
 
 CoMMiTT^.^: of 
 Ways & Mka.-js. 
 
 Not to consider 
 other niBtlcrs — 
 except. 
 
 tion to the Cljnirnian to ask leave to sit again, and it is af- 
 terwards found necessary to vote a furilier sum of money, 
 the same forms and proceedings must be observed as at 
 the commoncemtMit of a session y f). 
 
 CnuuniHrc of Ways and Mean.i. 
 
 The object of this Committee Is to fintl out modes of 
 raising lii.- vnippHes granted to ihu Crov.-n, rtp;..rcJand 
 agreed '.o !jy the House (Voir, ibe r'on.:nitlce of Suj)p!y, 
 and tlic first coiisi bM-anon to be oI).-;crve'J is, tliat the nu)ney 
 proposed to bo raided by lo.an, taxe.s, &:c. upon the tiii^jo'Jt, 
 should not e.Kceed the sun) iji'inted in the C.'oniMitf.ee of 
 Supply. It is therefore incinubont on the ChLincellor of 
 the Exchequer, or whaievt.'r menibor proposes the Ways 
 and Means, to explain and show to the House, by detail, 
 that the amount of thjsc sums will bo a suflicient justifica- 
 tion, in point of tpiantity, to the Committee of Ways and 
 INIeans to adopt such measures, and impose such taxes, as 
 shall be then recommended to them. And this proceed- 
 ing should be strictly Jidhered to, that the people may see 
 that the burthens irn posed upon them are not greater than 
 the public exigencies require. 
 
 Tiic Committee of Ways and Means being specially ap- 
 pointed by the House to consider such propositions as 
 may raise the supply for the current year, cannot pro- 
 perly take any other matter into consideration, without 
 special instructions for that ]>urpose. And, therefore, 
 when it is found necessary to impose taxeS; or levy duties, 
 which are not to be applied to the service of the current 
 year, this, if done in this Committee at all (for it may be 
 done with greater propriety in any other Committee of 
 the Whole, appointed for the purpose {g),) must be by spe- 
 cial authority from the House (//). 
 
 ffi 
 
 (f) C. J. 22 Juu. 170C ; 20 July, 1715. (if) 3 Hats. lt»6. 
 
 (h) Dwar. 1C7, lUc. 
 
SLI.KCT COMMITTEES. 
 
 293 
 
 When the Committees ofSupply anJ of Ways and Means Appro, ha ion 
 have closed, tlio House of Commons pass a hill, in wiiich 
 the several grants that have been made in the latter Com- 
 mittee, l»y J;mJ tax, malt tax, loan, See. are recapitulated 
 and directed lo ho applied to tlioso several services for 
 which they have been voted, and appropriating the mon- 
 ey that shall be paid into the Exchequer i'or their dis- 
 chari,--i, and directing that the said supplies shall not be 
 apj)lied to any other purposes than those mentioned in the 
 Act. See further Chap. IX., On Money Bills. 
 
 There has usually been a debt contracted by each Ser- Extraordinary 
 vice in consecjuence of extraordinary expanses not provid- 
 ed for in the Supply bill, which was Ibrmerly brought be- 
 fore Parliament in ;i subsecpient session, as extraordinarieg 
 incurred and not provided for, but in consequence of a pro- 
 test of the Lords (<) against this proceeding, a Vote of Credit y^j^ ofc;rp,ijt, 
 is now passed, every session, which, though it gives the 
 ministers credit for the manner of disposing of the money 
 so votetl, yet confines that credit to a precise sum. The 
 most regular mode of proceeding in this case appears to be, 
 to vote this Supply of Credit in the Committee of Supply, 
 and to come to a resolution in the Committee of Ways 
 and Means that a sum to that amount bo raised by loans 
 or Exchequer bills, to be charcfed on the next aids errant- 
 ed by Parliament. See further Chap. IX. On Mofiri/ 
 Bills. 
 
 SELECT COMMITTEES.* 
 
 A Select Committee of the House of Lords has a right 
 to be attended by any of the judges or learned counsel 
 that may be appointed, who must stand uncovered, except 
 through infirmity they have leave given them to sit. At 
 Lords' Committees any member may come in and speak, 
 but none may vote except they have been named thereon (^). 
 
 {i\ L. J. II April, 1734. (k) S. O. 11. of L. .\xxii, xxxiii. 
 
 * For ?:;>•>■>« of motions for llie appointinLnt tf Si;lect Coininittecs, see Jp- 
 pcndiz XXIir. 
 
 20 
 
 SCI.F.CT COM- 
 .MITTKLs. 
 
 or itic Lords. 
 
 *;i.. 
 
f,>01 
 
 ON COMillTTEES. 
 
 I 
 
 o« the Coiniuoiu. Ill the llousc of Coiiimons, lliosc subjects ■which arc 
 not of paramount importance, or which irrjuiro much de- 
 tailed examination, are referred to a Select Committee, 
 a[)pointed by motion of CMiy member, if npproved of by 
 the House. 
 
 Number of Mum- No Select Committee can be appointed in the House of 
 Commons to consist of more ihati fifteen members* origi- 
 nally, without previous leave from the House, of intended 
 application for whicli, notice must be given. And leave 
 must be obtained from the House for the appointmentof 
 any member subsequently. Of such a motion previous 
 notice must be given, embracing the name of the member 
 to be added or substituted (/). 
 
 EBquiry siioui.i J order that Committees appointed by tlie House may 
 
 tiioy nrn uiiiiii(,' receive the attention and co-operation of each of their 
 
 tu be uuiniiiatud. i 
 
 members, it has been specially ordered {ini) that every 
 member about to move for the appointment of a Select 
 Committee, first make enquiry of those ho purposes to 
 name thereon, whetlier they bo willing to serve. 
 
 If the Select Committee bo on any public work, as a 
 railway or a canal, the usual course followed in the ap- 
 pointment is, to select the members of that county in 
 which the railway, &:c. commences, and then to supply the 
 remainder from members representing the counties through 
 wliich it passes (w). 
 
 After a Select Committee is appointcdt, the House 
 
 (0 r. J. \l rdi. ISUO). (m) Il.iil. 
 
 (It) JMirrof oll'nil. 10 Mar. 18:U ; fwoiit Wi-stoni Railway. 
 
 * By a rule of tin; llounoof Assrnibly of iliis I'mviiice, when a Select Commit- 
 trc i» to he iipjjoiiilcd on imy sul>jpct, lo t onsi>t of more than ficr. AlcmbrrH, Iho 
 iii:inii<>r of ;i|i|)oiiitm('nt is to br as follows: Tlio iiiiiiiltor of wliii.li it fhiill consint 
 must first bu di'tcriiiined, thon each Member »li»ll write on a slip of paper tlio 
 names of as many Mcnibers a.s are to form surli Ctmimittee, and deliver tlio same 
 to tlio Clerlt, who .iliall examine the t-aid lir'i«, and report to llie Speaker, for tha 
 inforuintiou of the IIuusc, who have mo!<t voiecs in their favour; nnd if any difli* 
 L'ulty nri.sc by two or more Members haviiii: an eipial number of voices, tho scnso 
 of the House shall !)o taken as to the preference. 
 
 \ Lists of all Select Committees are required to be nfli.xcd in tho Lobby of the 
 House of Cpiiimons. and in tho otlicc of the Clerk of Committees. 
 
 Appointment of 
 Select Commit- 
 tees. 
 
Sr.t ITT rOMMITTF.rji, 
 
 20') 
 
 may cither give it special instructions, or loave it to its ''"■'f'tiou*. 
 own direction. The instructions \vhcn given arc citlicr 
 enahliiiir or in i.lufory. (See anfc p. 211.) 
 
 Having mot, tho Coinnnitfee appoint one of their num- riiurmiin. 
 ber to lie Chairman, who regulates their proceedings, and 
 gives his casting vote in cases of an equality (o), and by 
 whom, or any otlicr of tho Committeo they rnay order, 
 their conclusions arc reported to tho House. 
 
 If the Committee bo on a bill, it is debated clause by 
 ciaus.', ainendnuMiis are mndo, the blanks filled up, and '*'"'''"''^''' 
 somoti.Ties tho bill entirely remodelled. See as to Com- 
 mittees O.I bills,— Chapters VIT. & VIH. On Public and 
 Privaf.' nUh. 
 
 A Commiitcc may adjourn from time to lime but can- ■^<ij'mrnmciit. 
 not continue sitting after tho House lias assembled ; and ]^ClLtvt^ 
 notice? is directed to be sent to them })y the Serjeant at ""'-■'»'''«••'• 
 arm-^, beiore prayers are read.* 
 
 1 \u< lule is a very proper one, inasmuch as the first and 
 paramount duty of a member is to attend in his place in 
 the Ilof/sc, to which attendance in Committees is but sub- 
 ord.n.ite and ancillary; otherwise questions of great im- 
 portance might be considered in the House while many of 
 its most j)ractical and useful members were unavoidably 
 absent. It is no uncommon thing, however, for a certain 
 Committee, or all Committees, to have leave to continue 
 sitting after the House has met, by a special resolution. 
 
 The (juoruni of a Committee is generally settled by 
 
 .11 •••!/.., Quorum. 
 
 the order appointing it, but five is the usual number. 
 
 (o) C. J. -'i! Atureli, Icac. 
 
 * Tlif lloii-t' of Coiniiioiis liaving found it npccs.«ar> to have Morfilr.fr Pining.-, 
 from 1'2 till :i, for tlic presentation of Petitions, and tjin tran>a« tion of IVivjte 
 butine.*s ;.^e" n«/«, |). 283), and not desiriiif? to pruvont ConiiiiitttiCK from niert- 
 ing ui 'ho5. !i )iir», orJored (on the 20ili IVb. If.tJ) '• TImt tho S.-rjoant-at-ArnH 
 " do, 1 or.i lime to limp, when tho Ilouso is iroin? to prayers (whicli it doiin be- 
 " fore thf morning silting ooninienceii) irive notice thereof to all Committrcs ; and 
 " also at 5 o'clock (when tho evening tilting lor public bu<incfc8 begins) after Ihe 
 *' Speaker has taken tlie Chair ; and that all proceedings of Conimittcek after 
 '* such second notice, be declared null and void." 
 
206 
 
 ON roMMrnr.r.s. 
 
 P'jwors. 
 
 Kcw Blatter. 
 
 Witnesses. 
 
 Report. 
 
 roniiiiitt"o to 
 .sporcli l.ui'da' 
 Joiiriiitls. 
 
 It was formerly the practice to allow all mcriibcrs who 
 chose to attend during the sitting of a CtJUirnittoc to have 
 voices, but now none can vole or speak thereon, except 
 they be specially appointed. And it has been held {;>) 
 that the Committee have not only authority to exclude 
 strangers from the room, but every member of the House, 
 not of the Committee. 
 
 A matter referred to one Committee may afterwards be 
 transferred to another («^). And, on motion, new matter 
 may be referred to their consideratioti. 
 
 The examination of witnesses by Committees of the 
 House of Commons, must not be upon oath, as in the 
 Lords (/•). See Chap. XVII. On M if/irsscs. 
 
 Having examined into the merits of the subject referred 
 lo them, it is the duty of the Chairman to sign their report, 
 which is then delivered to the House. Accompanying 
 the report there must be the daily minutes of their pro- 
 ceedings, which must include the names of the n)enibers 
 attending the Committee at each of its sittings, — the votes 
 on all divisions, with the question and the name of its pro- 
 poser, — and, if witnesses have been examined, the name 
 of every member examining a witness must be prefixed to 
 the evidence (,9). 
 
 See further, incidentally, as to Select Committees, in 
 Chaps. Yll. & VIII. On VnhJic and Priiatc Bills. 
 
 There are two kinds of Select Committees which re- 
 quire a separate notice ; ihi'y are : 
 
 1*^. Select Comvi'Utee to search. Lords' Journals. It has 
 been tho nniforin practice with the House of Commons, if 
 they have occasion to know formally what the Lords have 
 done with respect to any bill or other nieasute pending, to 
 appoint a Committee to search the Lords' Journals on the 
 matter, and report the proceedings to the House; to entitle 
 
 (p) Mirror of Pari. 20 Auif. 1^35. 
 frM Ilats.54;j. 
 
 (q) C. J. 11 Jan. 1600. 
 (s) C. J. J2 Feb. 1836. 
 
;?i:ij:ct committkiis. 
 
 207 
 
 ilie (^imiiouij to lliis right it is not licliJ ucccjsavy tiiat the 
 subject matter of tiie searcli .slioukl liave ongiiuit.'l in iho 
 House of Commons (/) or that the matter oreiKjuiiv slidulJ 
 have origluatcJ ot taken [)liice lliat session (r). It tloes 
 not ai)pear tliat fht; Lords ha\e ever a(h)|)teJ a similar 
 course of proceeding \\ ilh r« :i[»cct to liie .InurnJils oi' the 
 House ot" Commons ; indeed. Ihd jiiaclice tliut has so loiicf 
 prevailed of printing the votes of that Housi; may have 
 rendered it unnecessary, the FiOrds having always held 
 them to be good evidence in any mattt;r of einpiiry [w). 
 
 2d. Select CoinmitU'cs to attend upon ccrlain Lords to re- Committrps to 
 ceive injonnatton. ilie practice ot appointing Loimmitees i.onij. 
 of this kind, to obtain int'ormation \jpon particular subjects 
 under cntjuiry, seems to have been adopted in lieu of de- 
 siring the personal attendance of such Lords tor examina- 
 tion. But this plan has been found very dt.'fectivo in an- 
 swering the purposes required, and tlierefbre, in later in- 
 stances, the Commons have departed therefrom, and re- 
 quested the personal attendance of the Lords, to receive 
 their viva voce evidence (.c). 
 
 JOINT COMMITTF.KS OF BOTH HOUSSF.S. 
 
 These Committees, from a feeling of jealousy on the 
 part of tlie Lords, are now disused, and may almost be 
 considered as obsolete. 
 
 They differ from Conferences materially, their object 
 being, that a Committee of this kind, in receiving informa- 
 tion will communicate it to both Houses at the same time, 
 and in the examination of witnesses the same fpiestions 
 and answers wili form the substance of the report made to 
 each House ; another advantage attending them is, that by 
 this means evidence receives the sanction and authority of 
 
 •liiINT C'wMMI I- 
 TKbS. 
 
 (t) C. J V. CO, p. 449 ; v. GO, p. 371, &c. (v) C. J v. Go, p. UC 
 (ui) Sec L. J. 31 Dec. IG'Jl. 
 
 (z) As the exninination of Lords Siiiidwicli ami M.irch, in 1709, on \Vilk>->' 
 case; and Earl Coruwallis, in 1719, relative to America. 
 
 m 
 
29S 
 
 ON COMMITTKES. 
 
 
 wiifirn T.onJs ^n oatlj, tho wltncsscs beinfy sworn at tlio bar of tlie House 
 
 r<!fu8« lo a])i)<<iiit _ . . " . . 
 
 ti'L'in. of JworJs prior to giving their testimony (y). But with re- 
 
 spect to tljis latter reason, the Lords wonlJ now refuse to 
 accede to the appointment of a Joint Committee expressly 
 on th;if ground, as was shown in a case in which the Com- 
 mons dciiod a .loint Committcie that the public accounts 
 might Ijo exaniinttl upoii oath (c). Anotiier great objec- 
 tion nuido by the l^ords lo Committees of this kind is, 
 that, according lo the practice on such occasions, the num- 
 
 Douiilr tiif! I1MI11- ber of Coininoi;s is always double that of the Lords, con- 
 
 Lcr of Comiiiuii.>. , .I'i' !••• iii^i i i 
 
 sc(juenlly, u a division shoukl take place on any sub- 
 ject, the t.'omnions would bo able to carry tho (juestion, 
 even though all the Lords were in opposition. The mode 
 
 „ ,, , adopted in 179 i, (on the tuu'slion of the Iving's health) of 
 
 Soluoni used. ^ » \ i o ' 
 
 eacli House appointing a separate Commiitee, and giving 
 power to these Committees to communicate with each 
 other li'o'n time to time, obviated this objection, and yet 
 preserved all the advantages of a .loint Committee. 
 
 COMMIT'IF.ES OF CONFERENCE. 
 
 „ ^ A Conference between the two Houses is used to nre- 
 
 CoMMITTEES OF 1 
 
 CoNFERtNcK. YBUt a bill boing lost from some difference as to the amend- 
 ments ; or in cases of ditficulty or dispute between the 
 two Houses, in order to enable them to come to a good 
 understanding, or in default thereof, to preserve a record 
 Who to request, to posterity of the opinions or wishes of either House. 
 The request for a Conference must always come from the 
 House possessed of the papers (a). 
 
 When a conference is asked, the subject must be clearly 
 expressed, or it will not be acceded to (b) ; this rule is 
 not only required to be observed that the other House may 
 be enabled to estimate the importance of the subject, but 
 that they may see whether it will be consistent with their 
 
 (tj) L. J. 2-1 &. 23 April, 1605. (z) C. J. 28 Nov. 16CG. 
 
 (a) niats. 31; 1 Grey, 425. 
 
 (b) 1 Grey, -125 ; 7 Grey, 31 ; C. J. 22 Mar. 1678 ; 20 Oct. r.95. 
 
 Cause to be ex- 
 pressed. 
 
COMMITTEES OP CONTEREXfE 
 
 209 
 
 privileges to confer. Thoy are sometimes asked concerning 
 an oflence or default of a member of the otlicr House {r) : 
 or tlic neglect of the other House to present a bill for iho 
 Royal Assent {d ) : or on information received, and rela- 
 ting to the safety of the nation {e) : or when the usage of 
 Parliament is thought to have been departed from by the 
 other, or their privilege to have been broken ( /") : so 
 when an unparliamentary Message has been sent, instead 
 of answering it, they request a conference (i')- A confer- 
 ence has been asked after the first reading of a bill {//). 
 I3ut this is a singular instance. 
 
 Upon a conference being determined, managers aro j*,',!!'' 
 appointed by the respective fiouses, and before they go 
 (unless it is a free conference) the House rccjiicsting the 
 conference appoint a Committee to draw up the reasons 
 which they have to offer in support of their opinions. 
 These reasons being reported from the Committee, and 
 agreed to by the House, are then delivered to the mana- 
 gers, to communicate them to the managers of the Confer- 
 ence on the part of the other House. 
 
 These reasons are then taken up to the place of meeting, 
 read and delivered without debate, to the managers of the 
 other House, and are by them reported to their House ; 
 but are not answered at that time. The other House, if 
 satisfied, then vote the reasons satisfactory, or say ncuhing ; 
 if not satisfied, they resolve them unsatisfactory, and ask a 
 conference "on the subject-matter of the last Conference," 
 where they read and deliver, in like manner, written 
 answers to those reasons. Thus Conferences are, in fact, 
 nothing more than a formal method of comnuinicating to 
 one House the reasons of the other; ia ord^'r that, after 
 considering those reasons, the House may be induced, 
 cither not to insist upon their adherence or disagreement, 
 
 ^(aiuicr of hold' 
 
 I'i 
 
 f: 
 
 (c) C Grey, 181 ; I Chaiid. 301. 
 (c) 10(Jrey, ITl. 
 (>,') 3 (in-y, Ijj. 
 
 (d) t Crfyi^02. 
 
 (/) 10 Gicy, 148 ; C. J. 3 Jan. ICGti. 
 
 (h) 1 Grey, ]'Jl. 
 
i 
 
 300 
 
 OV COMMITTF-rs. 
 
 Pasos « lirrn 
 C'onrercntcs 
 kliiiiiM nut 1)0 
 a^tkcil. 
 
 I,r»ri!» to name 
 
 or may In tlieir turn nssif^n snch arguments ft)r the samo 
 as may Induce tho other House to coincide. 
 
 It is irrcguhir i'or any inonibcr to speak nt a Confer- 
 ence except before it C(jmmence9, by \\\i\ of introduction 
 to tlio delivery of the reasons (i). 
 
 A Conference cannot be had for tlie ptirpn.se of demand- 
 ino^ tho rouoon of the otljer [louse ior britiijing in, amend- 
 inj^, or throwinnr out any bii! — as that is iiTo;.^ular ( /"). 
 And it \\ ill be refused by the Lordji in ajiy case wliere it 
 is supposed to Involve ihe (jucstion of their Jurisdiction or 
 Judicature (/•). When, from inattention to (JStablislied 
 forms, either House have sent a message that they disagree 
 to the amendments to a bill, without askinjr a Conference 
 to assign their reasons for such disagreement, tlie bill has 
 been re-delivered (/). 
 
 'J'bc Lords send their usual mcs?engcrs, (jNIasiera in 
 iimc and piuce. Chancery), and the Commons, one of their own members 
 —to demand a Conference. It is the sole and undisputed 
 privilege of the Lords to name the fitnc and jjfacc where 
 it shall be held. If the Lords appoint an inconvenient 
 place the Commonsmay rcmons-trate {>n), or decline to 
 hold the Conference, stating their reasons, when tho 
 Lords will, if they tiiink proper alter it. 
 
 The Lords sliould enter the Conference Chamber in a 
 body (not scattering one before the other) that their pro- 
 per dignity may be upheld, and that they may be enabled 
 to take their places In regular order. They are to bo 
 seated, with their hats on,* during the Conference, whilst 
 
 (i) 4 Hals. 47; C. J. 1 Feb. IT. 10. 
 
 (j) Lor.l sitomtoirs Case in P. J. 12 & U Marcli, 1575 : and see 1 I'eli. lOfil. 
 
 (k) Seo L. J. 4 l"cb. KiGG ; 28 May, 107."); 23 Pel). 1700. 
 
 (/; L. J. 10 Mil)-, ItiG-J ; but see C. J. 'M Oir. li,cU. 
 
 (m) 2S April, ICO 1. 
 
 * Tlic nib is as follov, > : — Tlie Lor.ls Ul-. p their liats en till the}' come witlii;> 
 tbc bar of the plucc of ci/iiforeucc ; tiiry tlieii take tiieiii olV, and walk iincovercii 
 to their seats, after whi.'h tlicy put ou iheir huts and .-it down ; wlicu tlic conlV- 
 rcucc is o%cr they rise up, tpko oil' their hats, and walk out uuccvcred. 
 
COMMITTnES OF CONFEKKNTE. 
 
 301 
 
 111- 
 muiK. 
 
 ron- 
 
 Commons must rpm-iiii standing and hare-licadeJ, unless 
 It bo sf.rriQ infirm person, and that by connivance,* and " in 
 '• a cornor vM of sight, to sif, but not to be covered (n)." 
 
 Hut wir!, n-.pect to Managers, It is the privilege of KfCun.:: 
 the (. ommons to appoint double the number of the 
 Lords ('/). 
 
 U the Houses cannot come to an agreement at one srmnd 
 
 Contlro ice, the form is, to desire another, where reasons ''^'■'"'"• 
 
 for adheri'-'g, &:c. are la like manner exchanged, without de- 
 
 jaio ; u:\d 'A no agreement can be obtained then, they 
 
 ouglit t'j (IciiiatuI u F/ce Co^J'trencc, at which the subject 
 
 1 !• II 1 11. • ■.,... Free conference, 
 
 may l.j fiiil . iisiussed and debated. It this measure 
 
 pnni i.n'ii'i ciu il {j/ ,aud if, after several Free Conferences, 
 
 botti irjiis(;s remain inflexible, nothing farther can be done, 
 
 and the hill jijijst be lost. 
 
 At iM-ee ' onferences the managers discuss ?:ml roc^*, ^Vhrmho que*. 
 
 d.. , . , . . lion limy be 
 
 treely mtercl.ango propositions for such modifications frcci> debated. 
 
 a>i iiviy be made in a parliamentary way, and may con- 
 dme in an agreement between the two Houses. Each 
 party then reports in writing to their respective Houses, 
 the substance of what has been urged on both sides, and 
 it is entered on their Journals (q). 
 
 A Conterence may be asked before the House request- Atwho. nairrsef 
 ing it has come to any resolution of disagreement, insist- ?crrnrn!uy be* 
 ing or adhering (r). In which case the papers are not "*'""^- 
 to be left with the other Conferees, but are brought back 
 to be the foundation of the intended vole. This is the 
 most reasonable and respectful proceeding ; for, to deliver 
 the resolution of either House at a Conference, instead of 
 
 (n) S. O. H. of L. xxxvii. 
 
 (o) See C. J. 2C March, 1C04, where this is stated to be an ancient rule of Ike 
 Mouse. 
 
 (p) 4 Hats. 49, 50. (5) 3 Hats. 280. 
 
 (r) 3 Hats. 2«i9, 341. 
 
 • See a precedent in the Lords' Journals, 20th July, 1699, where two mana^era 
 of a conference, on the part of the Commons, were permitted to ait, " being aged, 
 •* and lame." 
 
 2P 
 
 i 
 
 :! 
 
 h i 
 
 ■I* 
 
 Ifc :. 
 
 ; I 
 
 I 
 
 il 
 h 
 
302 
 
 0\ rOMMITTEFS. 
 
 ! I 
 
 i 
 
 Rules at to 
 Coulereiiceft. 
 
 Should bo con- 
 liiieil titi'ictly to 
 the questiuii at 
 isaue. 
 
 A simple con- 
 ference cniinot 
 be hold ufler a 
 freo couference. 
 
 IfoU8c not to sit 
 during Confier- 
 enve. 
 
 reasons, is contrary to the usage of Parliament (s). But 
 there arc instances of Conferciices, or of Free Confer- 
 ences, being askcJ after the detcriniimiion of disagreeing 
 (/), of insisting (r), of adhering (?r), and even of a second 
 and final adherence (a*). In all cases of Conferences ask- 
 ed after a vote of disagreement, 6zc. tlie Conferees of the 
 House asking it should leave the papers witii iIjo Con- 
 ferees of the other House ; and in one case, where they 
 refused to receive them, they were left on the table of the 
 Conference Chamber (y). 
 
 A Conference should always be confined strictly to the 
 question at issue, for it is contrary to the rules of Parlia- 
 ment for a Conference to amend or strike out any thing in 
 a bill, or other matter, which has been agreed to by both 
 Houses {z). 
 
 After a Free Conference no other than a Free Confer- 
 ence can be held, touching the same subjects ; except a 
 question of order or privilege arise, wlien a Conference 
 may be demanded on that particular matter. 
 
 After a Simple Conference is denied, a Free Confer- 
 ence may be asked (a). 
 
 See farther as to the extent to which the various terms 
 of agreeing, insisting, adhering, &c. may be carried by 
 either House, in Chap VI. pp. 145-147. 
 
 During a Conference the House can do no business, but 
 when the managers are gone, tiie Speaker leaves the chair, 
 without a question, until their return. 
 
 (») C.J. 82reb. 1702. 
 
 (V) C. J. 17 April, 1740. 
 
 (ar) 3 Hats. 270. 
 
 (t) C Groy, 274; 1 Chand. 312. 
 
 (I) C. J. efi Jan. 1670. 
 (w) C J. 3 Fob. 1670. 
 (y) 10 Grey, 146. 
 (a) 1 Grey, 45. 
 
 m 
 
( 303 ) 
 
 CHAT. XIII. 
 
 <0H ^UDirrssrs. 
 
 AnoRr.*»rs. 
 
 At tlio opening of Parliament, after tlie consideration of ofTiwok^ 
 the Speech from the Throne, somo member (in each 
 House), moves an Address of Thanks, in answer to, and 
 approval of the Royal Speech. Such motions are invari:i- 
 carrlod, although an amendment is generiilly offered hy a 
 member of the opposition. The practice with respect to 
 these addresses differs from that of addresses on other 
 subjects, which will be presently considered. For, on the 
 motion for an Address of Thanks being carried, certain 
 members are appointed by the House to draft and report 
 the same. This being done, it is read once in the House, 
 and ordered to be presented. 
 
 The practice with respect to all other Addresses, Is as Q,|jp^ ^ jj^^^ 
 follows : 
 
 On motion of any member, a resolution is passed order- 
 ing an Address to be presented to His Majesty on the 
 subject required. [Tpon this motion, the debate as to its 
 propriety or otherwise, takes place, and if it be carried in 
 the affirmative, an order is made for its presentation, either 
 by the Whole House, by certain Members, or by those ap- 
 pointed to draft it, as the case may be. The address, 
 therefore, is not reported to the House, but drawn up by 
 the members appointed for that purpose, as nearly as pos- 
 sible in the words of the resolution. 
 
 Addresses are presented to the King by the Whole How prc»eDted. 
 House, or, if not (from illness of the King, or other acci- 
 
301 
 
 ON ADDRESSLS. 
 
 Joint AdJressci. 
 
 dental cause), then by such particular members as arc of 
 the Privy Council (a), or by the Spcaki r only (b). But 
 addresses on unimportant topics are frc(iuently presented 
 by their drafters, who are generally the mover and second. 
 er(f). If it be presented by the Whole House, the Speak- 
 er goes before, carrying the address, and preceded by the 
 Mace, — the members following him in regular ordoi'*( J). 
 
 In the House of Lords, Addresses are presented by the 
 Lords with White Staves. 
 
 A Joint Address of both Houses is read by the Speaker 
 of the House of Lords (c). In cases of Joint Addresses, 
 they are left with the Lords, as soon as agreed to, until 
 that House have learnt at what time His Mujcsfy will bo 
 pleased to receive the same, when they inform the House 
 of Commons, by message, of the King's answer [/). The 
 Houses then meet at the time and place appointed, and the 
 Address is presented. It has sometimes huppiMieJ, from 
 the state of the King's health (g), or other causes, that It 
 lias been convenient, instead of the two Houses going up 
 in a body (as is usual), for the Address to be presented by 
 a Committee from each House; in this case the Commons 
 appoint double the number of the Lords {h), or the Address 
 is presented by the two Speakers only (*). 
 
 For forms of Addresses, see Appendix XXIV. 
 
 As to Addresses to the King for advance of Public 
 Money, &c. ante p. 271. 
 
 (a) C.J. 11 March, 1789. 
 (c) C.J. V. C7, p.391. 
 («) C.J. 14May,16Gl. 
 is) C.J- 27 Mar. 1673, 
 0) C.J. 27 July, 1708. 
 
 * Se« Appendix XIV. Forms observed by the House of Commons in attending^ 
 Her Majc$t/'!« Corouaiion. 
 
 (6) 9 Orey, 473 ; 1 Chand. 298, 301. 
 (d) C. J. 13 Feb. 1688. 
 (/) C. J. 26 & 27 April, 1751. 
 (A) C. J. 31 Mar. 1750. 
 
( 305 ) 
 
 c ir A r. XIV 
 
 1. MESSAOES FROM TIIC KINO. m^o, r. 
 
 A Message from the King to cither House of Tarlia- rrowiin- Kmg. 
 mcnt is sent by one of liis Ministers, and liom a Governor, 
 in most cases, hy his Secretary. AVhcn the suhji.'ct of a 
 Message is of a nature that can properly be communicated 
 to both Houses, it is expected iliat this comnmnicutlon bo 
 made to eacli on tlie same day. But wlwre the Message 
 is accompanied by an original document, signed by the 
 party to whom the Message refers, its being sent to one 
 House has not been objected to by the otlier, because the 
 document, being original, could not possibly bo sent to 
 both at the same time (a). But the King, on transmitting 
 original letters to one House, sometimes desires that they 
 may be returned, that he may communicate them to the 
 other [b). 
 
 Messages on unimportant subjects are sometimes verbal, when writtcu. 
 but where the object is to desire from the Commons any 
 proceeding on their part, (as an augmentation of the army 
 or navy, the payment of the civil list debts, &c.) it is 
 usual for the King to sent a written Message, signed with 
 his own hand ; and as soon as the Speaker has read the 
 signature, the House lias always paid that respect to the jfembrrs unro. 
 Kinjj's Message as to be uncovered while it is reading:. ^iriiuring their 
 
 on o reading. 
 
 But when the King (or Governor) desires the attend- ., , 
 
 ance of the Commons in the House of Peers, to receive •^•-ckiiod. 
 his commands, the Gentleman Usher of the Black Rod 
 
 (a) 2 Hats. 260-262 ; C. J. 12 May, 1794. 
 ib) I ChaaU. 30a. 
 
 l\ 
 
 i 
 I 
 
30G 
 
 ON MESSAOns. 
 
 li: 
 
 t 
 
 III 
 
 ,;, 
 
 Verbal RIpspacre 
 KtiitinK uri'L'at of 
 Monibcr. 
 
 Mrssaces bk- 
 
 T«i;i'N THE Tw-o 
 IIul'SEH. 
 
 comes with tlic Message, and as soon as lie knocks at tho 
 door, all other business, of what kind soever, must imme- 
 diately cease (c), and on tlie delivery of the Mdsago, the 
 Speaker, accompanied by the members, should proceed 
 without delay or debate, to attend His Majesty in the 
 House of Lords, 
 
 Whenever a member of the House is put under arrest, 
 on account of the ])ublic service, a verbal Message from 
 tho King is delivered by a Secretary of State, Secretary 
 at AVar, or Commissioner of tho Admiralty, according to 
 the department in which the proceeding arises {d). 
 
 II. Mi:ssAGi:s bi:twp:en the two houses. 
 
 The ancient and accustomed form of sendinsr a Messajro 
 from the Commons to the Lords,. is by one member, who 
 is, upon motion made and question put, named by the 
 Speaker as the bearer of the Message. He must, bow- 
 ever, be accompanied by others : sir»ce the rule and prac- 
 LorJs' privileges ticc of the Lofds is, to receive no Message from the Com- 
 mons, unless eight members attend it (c). For this purpose, 
 when the Messenger takes his Message from iho table, the 
 Speaker always calls aloud to the House, " gentlemen, at- 
 *' tend your Messenger." Thez'c is scarcely over a difference 
 of opinion on the question of who shall be the Messenger; 
 as he is usually chosen by the Speaker, either for having 
 been the promoter of the bill, or for his known approba- 
 tion of the subject of the Message. In bills that have 
 passed the Commons with a general concurrence, and in 
 other Messages where they desire an opportunity of shew- 
 ing their approbation of the measure, it is customary for a 
 great number of members to follow their Messenger to 
 the Lords. 
 
 Having arrived at the House of Lords, tbe Gentleman 
 Usher of the ]?lack Rod attending that House, announces 
 
 (f) C. J. 23 April, IGGG ; Hi Marcli, 17 Jl. See L. J. '.]! Juue, 1701. 
 (</, C. J. 3 Dec. 1750. ■ (0 Ilukcw. 17G. 
 
 •s to. 
 
 WGs«agc deli 
 vcred. 
 
UN MESSAUES. 
 
 307 
 
 at the bar their arrival. The question " that the Mcsscn- 
 *'gers be called in," is llien put, and the Black Jtod is 
 ordered to call them in. The Lord Chancellor leaves his 
 place on the woolsack, with the Groat Seal, and attends 
 at the bar to receive the Messengers, m ho, accompanied 
 by the Black Rod, advance, making tlirce obeisances, to 
 the bar, the principal IMcsscnger being foremost. This 
 member, holding the bill in his hand i ays, " The Commons 
 *' have passed a bill for, &:c. (reading short the title) to 
 ** which they desire the concurrence of your Lordships." 
 Or, if it be a returned bill, " The Commons have agreed 
 " to the bill passed by your Lordships, for, <Jcc. without 
 "amendment," or " with amendments, to which they de- 
 *' sire the concurrence of your Lordships,", as the case may 
 be. The member then delivers the bill to the Chancellor 
 and the messengers, making three obeisances, withdraw (/). 
 If several bills are brought from the Commons at the 
 same time, each bill is delivered in like manner, with a 
 separate Message (g). 
 
 Such bills as have come down from the Lords, when (^^.^^^^ |^ 
 returned, are to be presented before any bills which ori- '^'^^"'"'fc' ^'"'• 
 ginated in the Commons — next to them the public — and 
 lastly, the private bills of that House [h). 
 
 The House will also, in like manner, send answers to 
 Messengers from the Lords by Messengers of their own; 
 accompanied by several other members of the House. 
 
 When the Lords send any Messages to the Commons it MrsRape* from 
 is always by two Messengers. These, in matters of great 
 moment, are two of the Judges ; at other times, the Mes- 
 sengers are the Master of the Rolls, or Masters in Chan- 
 cery, and sometimes one Master in Chancery and the 
 Clerk of the Parliaments (/). If the Message require an 
 answer, the Messengers ought to wait in the lobby to carry 
 
 Ui< 
 
 m 
 
 4 
 
 (/) D'Ewcs, 19. 
 
 (A) C. J. 18 April, 1604. 
 
 (^) Rra. 115. 
 
 (i) S. O. II. ofL, X.xxvi. 
 
308 
 
 0\ MESSAGES. 
 
 Cannot be ro- 
 cuivcd l)y ii 
 CominiltBO. 
 
 Delivery. 
 
 Mistake. 
 
 purtcd. 
 
 Rules OB to 
 Messages. 
 
 it back ; Nvhlch answer, as appears from the precedents, if 
 the Commons immediately agree, is delivered to them : 
 but if they differ, or the subject requires consideration, 
 they are called in and informed that the House will reply 
 by Messengers of their own [k). 
 
 Whfin a Message Is reported from the Lords, the Com- 
 mons receive It, even if in the midst of a debate ; and if in 
 a Committee of the Whole, the Houso resumes on pur- 
 pose il) ; for it is an ancient order {vi), that no Message 
 bo transmitted between the two Houses, except they be 
 both sitting, with their respective Speakers in the chair. 
 
 Messensjcrs are not saluted by the members, but, on 
 entering they exchange obeisances with the Speaker, for 
 the House («). 
 
 If Messengers commit an error in delivering their Mes- 
 sages, they may be admitted, or called in to correct it(<?). 
 
 As soon as the Messengfer who has brought bills from the 
 other House has retired, the Speaker, holding them in his 
 hand, acquaints the House " that the other House have, by 
 " their Messenger, sent certain bills," and then reads their 
 titles, and delivers them to the clerk for safe keeping till 
 their reading shall be called up. (p). 
 
 It is not the usage for one House to inform the other 
 by what numbers they have passed a bill (q). Yet they 
 sometimes recommend a bill, as of great importance, to 
 the consideration of the other House (r). Neither is it 
 the practice when they have rejected a bill from the other 
 House, to send notice thereof, but, to prevent unbecoming 
 alterations, they let It pass sub silento (5). 
 
 A question is never asked by one House of the other by 
 
 (k) 3 Flats. 20. 
 
 (m) Pail. Di'b. 1620, p. 201. 
 
 Co) 4 Grey, 41. 
 
 (9) 10 Grey, 150. 
 
 («) 1 Bl. Com. 183. 
 
 (I) 3 Hats. 22; 4Grey,22C. 
 (n) 2 Grey, 253, 274. 
 
 ip) iiakcw. ne. 
 
 (r) 3IIiits.25. " 
 
ON MCaS.\GES. 
 
 300 
 
 way of Message, but only at a Conference ; for this is not Tortmmd. 
 a Message, but an interrogatory {(). 
 
 When a bill, resolution, &c. has been sent by one 
 House to the oilier, and it is neglected, ihey may send a 
 Message reminding them of it (f), or requesting them to 
 hasten its passing (ic). 
 
 When a bill having passed one House and been trans- ^^^^jj^^.^jg^^.^. 
 milted to the other, is grounded Ujion special evidence, and 
 not upon common notoriety, the House may, either by 
 Message, or at a conference, request of the other the 
 grounds of evidence upon which it was j)as6ed ; which is 
 immediately communicated (x). But when the Lords ^^''•'" *=*"''""^* 
 
 1 , J „ iclused. 
 
 nave asked ol the Commons the evidence upon which 
 a Miwct/ Bill was passed, it has been refused, as intrench- 
 ing upon their privilege with respect to Supply {y). 
 
 If the Lords require the attendance of a member of the to roqur^t m- 
 House of Commons, that House has invariably required MemUcVv."' 
 that the Lords should, in their Message, express the cause 
 for which the attendance is required, and even then the 
 House proceed no farther than to give leave for the mem- 
 ber to attend, and lie is still at liberty to attend or not, as 
 he may think fit. The Commons are also as strict with 
 respect to similar Messages from the Lords [z). For both 
 Houses have always been extremely jealous of admiitin" 
 any proceeding which might seem to allow an authority 
 in the other House to command the attendance of their 
 members. Accordingly, the most advised practice has 
 been for the House whose member is requested to attend 
 to send answer immediately (if the member be in his place, Mmmcr of giving 
 
 J 1 !• 1 • -ii- leave. 
 
 and he, standing up, express his willingness to go) that he 
 has leave to attend " if he thinks fit" (a). But if the mem- 
 ber be not in his place, no answer is sent (except to say 
 
 (e) 3 Grey, 151, 161. 
 («c) C.J. V. 1, p. b03. 
 (y) C. J. V. CO, p. 171, 137. 
 (a) C. J. 5 &. 6 May, lc31. 
 
 (f) ;» IFsH. 25; 5 Grey. 151. 
 (I I C. J. v.fin, p. 318.378. 
 (:; C. J. V. 60, p. 355. 
 
 2P 
 
 11 
 
310 
 
 ON iMKSSAGF.S. 
 
 Wlicn I.firds 
 may order a 
 Cotumoui r (u 
 bltrud. 
 
 Irrcff uliir Mes- 
 
 Ifow to be 
 trcuted. 
 
 tliat llioy will send an answer by Messengers of tlieir 
 own) until the member named is present in liis place, and 
 then, on his hearing the Message read, and cotisenting to 
 comply with it, the House give him permission to go ; but 
 still add, in their answer lo the Lords, " if he thinks fit"(/^). 
 But when the Lords sit on the trial of a Peer, on an in- 
 dictment, as a Court of Criminal Judicature, members of 
 the House of Commons may then, and then only, be or- 
 dered to attend to give evidence. 
 
 It sometimes happens that through some special causes, 
 the usual manner and form of transmittin-j Mcssa":es 
 between the two Houses is departed from ; in such a case 
 the House sending such Message states the reason of their 
 doing so, and the House receiving it ac(|uicsce, but desire 
 that it may not be drawn into a precedent at any future 
 time (c). But if either House depait from the establish- 
 ed rule without assigning a just and satisfactory reason, it 
 is a breach of the privileges of the other House. Tho 
 mode of proceeding in such a casd is for the iJouse whoso 
 privilege is broken to send a Message to the other stating 
 the fact, and requesting a Committee of Conference on the 
 subject, the decision of which is abided by, and the matter 
 amicably arranged (d). 
 
 And this extends to all other proceedings between the 
 two Houses, by Message or otherwise. For either 
 House may, conceiving their privileges violated, request 
 a Conference thereon, which should be granted, even 
 though the ground of complaint may prove to be no 
 breach of privilege (f); as the matter cannot be, determin- 
 ed by the complaint of one, or the decision of tho other, 
 until it has been finally adjudged in such a Committee. 
 
 (fcl C. J. June, lf';?4. (r) C. J. 29 Jan. 1P17. 
 
 («/) ;}Grfy, 155; nnd nop J. H. «if A. rpprr f'.iiinda, for 1324, j'p.SS, 58, &c. 
 
 'y, r. J. V. 1, i\ 4(; ; nnti <rc J. IF. of A. U. C. for 20 &. £7 April, 1639. 
 
( oil ) 
 
 CHAP. XV. 
 
 'fl 
 
 ©n ilrocfttJings brtVurcii the 2rtJ0 H^oujirfl. 
 
 The exclusive privileges clalmoc] by each House of Par- 
 liament, may now he considercJ as firmly established and .nvvKKNi'itK 
 well defined. "They Ibi-m two of the pillars of our '", . 
 
 " Consliiiitioii," say8 Bramwell {a), " tiio Ibundalions of 
 *' whicii are buried deep in past ages, wilii the records of 
 " their Institution." l>ut it Nvill sometimes happen, that 
 popular excitement, or an internal desire for aggrandize- 
 ment, will for a time obtain the mastery over the feelings 
 and actions of those Assemblies, and from the want of a 
 due attention to the forms to be observed in tiieir inter- 
 course with each other, that the liarmony which should at 
 all times subsist between such j)0werful and closely con- 
 nected bodies, will be disturbed — and the mutual forbear- 
 ance and respect which should be the characteristic of 
 their intercourse, be exchanged for perverse jealousy and 
 angry recrimination. 
 
 To avoid the occurrence of such scenes, should be the 
 ardent desire of every member of eitiier House — and to 
 do so, the principles which have been laid down in former 
 times, as the peculiar rights and privileges of each branch 
 should be continually kept in view, that no proceeding 
 may be had which would tend, in the remotest degree, to 
 affect or 0|i{jO»ti 'h^^m. 
 
 The leading principle which appears to pervade all 
 proceedintTs between the two Houses of Parliament is, that There should 
 
 *• ° f !• 1 1 1 fil*vavs subsist 
 
 there shall subsist a perfect equality between them, and an cjuuiity and 
 that they shall be, m every respect, totally independent butwicuihcin. 
 one of the other. Hence it is, that neither House can 
 
 («() lira. 7. 
 
 1 
 
012 
 
 I'ROCnEDIN'GS BETWEEN TWO HOUSES. 
 
 : « 
 
 I ! 
 
 Privileffc vio- 
 lated by the 
 other llouac. 
 
 claim, much less exercise, any authority over a member 
 of the other [h) : but if there be any ground of complaint 
 against an act of the House itself, against any individual 
 member, or against any ofTicers of either House — the com- 
 plaint ought to be made to the House where the offence 
 Is charged to have been committed, and the nature or 
 mode of redresj or punishment, if punishment be neces- 
 sary, must be determined upon or inflicted by that House. 
 
 It has been already shown (c), that whenever either 
 House conceive their privileges to have been violated by 
 the other, the aggrieved House should ask a conference 
 upon the subject, that the matter may be therein delibe- 
 rated, and satisfactorily decided. 
 
 As the manner of proceeding in all cases where the two 
 Houses come in contact with each other, has been fully 
 treated upon in other parts of this work, further comment 
 upon the matter hero will be rendered unnecessary, by 
 giving references to the Chapters alluded to containing 
 the same, as follows : — 
 
 As to Messages between the two Houses, see Chap. 
 XIV. On Messages, 
 
 As to Members, &c. of eitl>er House offending the 
 privileges of the other, see Chap. IV". On Members. 
 
 As to the manner of requesting the Members of either 
 House to attend and give evidence before the other, see 
 Chap. XVI. On Witnesses. 
 
 As to proceedings between the two Houses in matters 
 of Supply, see Chap. IX. On Money Bills. 
 
 As to proceedings to be had in Conferences between 
 the two Houses, see Chap. XII. On Committees [Com- 
 mittees of Conference). 
 
 (6) Soc S. O. II. of L. 50. 
 
 (r) See «««e, p. 100. 
 
( 313 ) 
 
 :M 
 
 c n A p. XVI. 
 
 i| 
 
 #11 ZWiintunts. 
 
 Witnesses. 
 
 It is an essential and undisputed privilege of both 
 Houses of Parliament, whicli they possess in conninou 
 with every other court, to summon Witnesses before them 
 for examination upon any subject on wljich tliey may re- 
 quire information to guide them in their dehberations ; 
 but in the House of Commons this evidence may not, as 
 in the Lords, be given upon oath, except before Election 
 Committees, and other cases where it is expressly allowed 
 by act of Parliament. 
 
 Witnesses are not to be produced but where the House when to bo pro- 
 lias previously instituted an enquiry [a); and all orders ' "'^^''' 
 for their attendance must necessarily specify the subject 
 upon which they are recjuired to give evidence. 
 
 When a person is examined before a Committee, or at rnrm of Examj- 
 the bar of the House, any member wishing to ask him a """""• 
 question must address it to the Speaker or Chairman, who 
 repeats it to the Witness, or says, " you hear the question, 
 " answer it." But if the propriety of the question be ob- 
 jected to, the Speaker directs the Witness, Counsel, and 
 Parties, to withdraw ; for no motion can be muvcd, put, 
 or debated, when they are present (c). Sometimes the 
 questions are previously settled in writing, before the Wit- 
 ness enters (i). The questions asked must be entered 
 upon the Journals (d), but the testimony given in answer 
 before the House is never written down ; except before a 
 
 (a) 10Groy,165; C. J. 3 Marcb, 177!). 
 (c) -i Hats. )0G-7; 8 Grey, 604. 
 
 (6) 2 Hats. 108. 
 {tl) 3 Grey, 81. 
 
 I 
 
' [ 
 I 
 
 I 
 
 314 
 
 ON WrrNF-SSEM. 
 
 t 
 
 ■I :il 
 
 irWitnRss i.i 
 uiiublo to attend. 
 
 Form of Exaini 
 natiuu. 
 
 Speaker only to 
 put questions. 
 
 Sripct Conimit- 
 trn to c.vuniiuu 
 Witnesses. 
 
 ComniittuI fur 
 conteujpt. 
 
 Committee, when it must be reported for the information 
 of tlie House, wIjo are not present to hear it(<'). 
 
 When the House has need of tlie evidence of any per- 
 son who is incapacitated Iroui attending, an order is mado 
 empowering certain members to wait upon iiim to receive 
 his evidence {f). 
 
 A member may, in his place, give information to the 
 House of any thing he knows relative to any matter under 
 hearing at tlie bar {g). 
 
 When a Witness is examined before the House or a 
 Committee of the Whole, the bar must bo down. If the 
 Witness be already in the custody of the House, or if he 
 be in prison, he should be brought by the serjeant, with 
 the Mace, who must stand by liitn during the examination, 
 though the practice in this respect has sometimes differed 
 (/a). But when a common Witness is examined, the Mace 
 should remain on tiie table. When it is off the table, no 
 member can speak, or even suggest qne.-jtions to the 
 Chair. When it is left on, the members, though they 
 cannot debate, may suggest to the Speaker such ([ucstions 
 as arise out of the examination, and appt-ar to them ne- 
 cessary to be put (i). 
 
 Select Committees are generally empowered by the 
 order appointing them, to send for persenis and papers. 
 If a Committee be appointed without this power, they 
 may summon witnesses, but if they refuse to attend, au- 
 thority must first be obtained from the House, before they 
 can be compelled to come. When such authority has 
 been given, tho Chairman may sign an order for the per- 
 son to appear and give evidence before tho Committee. 
 If he then refuse to attend, he may bo committed for con- 
 tempt. This cannot be done by tlie Committee, but only 
 by the House, after the matter has been reported to them. 
 
 (e) 7 Grey, 5"^, 331. 
 (g) C. J. 'Z-i Jan. 1774-5. 
 0) )i Hats. 137. 
 
 (f) C. J. V. Gl, p. IJj. 
 {h) Sllats. ILJJ. 
 
OS WITNESSES. 
 
 315 
 
 tion 
 
 In like manner, a witness guilty of prevarication In giving rrrvarimtion. 
 
 }• 1 'n 1 • 1 1 A 1 . A. r. ill a witiicsf. 
 
 lis evidence, NviU be punisiied. Also, any person tamper- 
 ing Nvlth a witness, or directly or Indirectly attempting to 
 prevent liis attendance, will be severely censured bv the 
 House, as cominltling a breach of their collective privi- 
 leges f /.). It is not sufficient for any one to plead such an \vit,ir>s pro- 
 attempt in excuse for non-attendance, or prevarication, for ','j'„y'j|, ''-^ "'*' 
 the House will protect every Witness giving an honest 
 evidence (/). 
 
 No Witness can be arrested upon any civil suit whilst 
 in attendance for examination, or within a reasonable time 
 necessary for a return to his residence, after his final 
 aiscliarge from attending before the Committee (/«).* 
 
 By a recent order of the House of Commons (n) it is '^'^P'^^'tof Evi- 
 re(|ulred, that in all cases where W^ltnesses are examined 
 before any Select Committee, there be prefixed to the mi- 
 nutes of the evidence of such Committee, to be reported to 
 the House, the name of any member asking a question. 
 
 When either House, or any of Its Committees, desire '*''''"';•'.'■*'''" 
 
 •' iiniipil liy the 
 
 the attendance of a member of the other House, to give <"''»;<■ iiuusc. 
 evidence, leave must be recjuested by message ; and It is 
 never granted but with this proviso, that the member may 
 attend "if he thinks fit" — (see anfe p. 309). 
 
 The mode of admitting Peers into the House of Com- Admitiinir Peers 
 mens to s^lve evidence, is as follows : — They are received ['"''.''""'"-"f 
 at the door by the Serjeant, bearing the Mace, and on i^*;'""'""''""- 
 entering they make three obeisances to the House. They 
 
 (fe) C. J. 29 Nov. niO. (/) C. J. 25 Mar. lc':«. 
 
 (m) C.J. 7 Aug. 1635. (ii) C. J. 13 Feb. Ir3(;. 
 
 ' In a recent case — whore a Parliamcnliiry -Agent, returning from ihc House of 
 Lords, where lie liad been attending an appeal, was arrcstctl u]>on nn attacliiucnt 
 for tho costs of a Chancery suit, — it was held, tliat he .vas entitled to his discharge 
 by privilege of Parliament, althotigh he had not returned by the sliortcst rond, 
 and had stopped for refreshment ; aud that he might apply for that purpose either 
 to the Court, out of which the process had issued, or to that ou which he was 
 altonding when arrcsted.-.->i<(. Gen. v. Skinner's C'omp. ; ex part* WatUius. — 
 S Sim. 37Tj &, Cooper. 1. 
 
 I 
 
 ■M 
 

 ' ] 
 
 31G 
 
 ON aiKssAcra. 
 
 And Judges. 
 
 %VitnRssesin 
 cu!>to(ly (if the 
 other House. 
 
 IFow fur Cnni- 
 luoiis i:i"M ronipel 
 witiioi^t^eii to 
 
 Bttcr.d. 
 
 then sit down, covered, on a cliuir placed for them witlun 
 the bar, on the left iiand as they enter ; but in speaking, 
 they stand up uncovered, the Serjeant standing by them 
 all the time, with the Mace on his shoulder. After giving 
 their evidence, they ^^ Itljdravv, making the same number 
 of obeijjances to tlie House as on entering, the Serjeant 
 with the Mace accompanying them to the door. The 
 diflerence between the reception of a Peer and of a Judge 
 has been, that the Speaker informs the Peer that there is 
 a chair for his Lordsliip to rej)ose himself " in," and to 
 the Judge the Speaker says, that there is a chair for him 
 to repose himself" upon," i. e, as explained by usage, for 
 the person to rest with his hand upon the back of it (o). 
 
 When Peers are sitting as a Court of Criminal Judica- 
 ture, they may order the attendance of members of the 
 House of Commons ; unless it be on a case of impeach- 
 ment, when it must be a request [p). 
 
 If either House have occasion for the presence of a 
 person in custody of the other, they ask leave of that 
 House that he may be brought before them {q). 
 
 The extent of the power of the House of Commons, to 
 compel Witnesses to attend, without asking leave of their 
 superior officer, if they are under authority, is a disputed 
 question, but it would appear from the precedents of 
 former proceedings on this subject, that if they desire to 
 examine a private soldier in the regular army, leave must 
 be first obtained ft'om his commanding officer ( r) ; this 
 does not seem to extend, however, to officers, whether 
 subaltern or otherwise {s). 
 
 It is unquestionably desirable and right that the House 
 of Commons, being the grand Inquest of the nation, 
 
 (o) 2 Hats. 142. 
 
 (<7) 3 Hats 52. 
 
 (») C. J. V. eJ, pp. 17, 21. 
 
 {p) f» fJrcy, 306, 406. 
 
 (r) C. J. V. 74, pp.274, 275. 
 
ON Mi:?<sA(ir.si. 
 
 3n 
 
 should possess the power to compel persons to attend, and 
 give evidence before them in all cases where it may [m 
 required, but it would seem proper that, when the form 
 of retjuesting the jjcrmission of a member of the Upper 
 House to attend, is observed, the same courtesy should be 
 extended to the immediate Servants and Oliiccrs of the 
 King, who is also a branch of the legislature. 
 
 But when this individual is merely a civil olHccr in the 
 Government (/•), or the head of a department not under 
 the immediate control of the Sovereign («) no such per- 
 mission is necessary, and the House may, if its order bo 
 disobeyed, vindlcj'.te its autliority by force. 
 
 (r) J. U. of A. U. C. 1st Sc.■^s. 13th Parlt. ; 7 Feb, le3T, 
 (i) J. II. of A. for lS-i:f, p. HC, &c. 
 
 
 H 
 
 '.i t( 
 
( 318 ) 
 
 C H A P. X\ II. 
 
 
 i! I 
 
 k ! 
 
 h 
 
 C'liuirinun ol' 
 Gouiiiultucn. 
 
 I. OFFICERS, Ac. OF THK LORDS. 
 
 „ .. . Each House of the Imperial Parlitimcnt has certain 
 
 or B OTH iii. t bKs. officers and servants for the superintendence and transac- 
 onhc Lords. jion of its business. Those of the Lords are as follows: 
 
 1. A Chairman of Committees upon Private Bills and 
 other matters. This OlHcer is elected by the House at 
 the commencement of every session ; and it is his duty, 
 not only to preside over all Committees on unopposeil 
 Private Bills (see ante p. 213), but to take the chair at all 
 Committees of the Whole, unless another Cliairnian be 
 specially appointed. The post is now, and has been for 
 many years, filled by Lord Shaftesbury, a noble Lord of 
 profound and practical experience, as well upon the com- 
 plicated subject of Private Bills, as upon all other duties 
 connected with the situation. 
 
 2. A Clerk of the Parliaffienis, appointed by letters 
 patent from the King*. — The duties of this Officer are 
 similar to those of tlie Clerk of the House of Commons, 
 which will be presently considered. His place in the 
 House is upon a bench behind the table, where he must 
 sit " to record all things done in Parliament." He has 
 two Clerks under him, who kneel behind the bench (a). 
 
 (a) Elsy. 112. 
 
 * Ity t)ii< oth Geo. IV. cli. 6*2, after the expiration of the existing Letters Patent, 
 the Clerk of tlic Parliunicnts stiull bu appointed by His Majesty, and sliall execute 
 his otljce ill person ; uud Lo removable by His Majesty on au Address from the 
 Housc of Lords. 
 
 Cl^rk of the 
 I'urliuiuuuts. 
 
 I^ndrr Chirks. 
 
ortK.r.ns, &.-. or r.ouns. 
 
 !!•.> 
 
 UcsiJcs the Clerks Assistant, there id a Rcailiri!:: (!lerk, 
 and a Counsel to the Chuirman of (;'ominilfces : CUtUs of 
 the Journals, Engrosstncnls, lOnrollnients, &:c,, with Clerks 
 uiuler them in ihcir respective l)ef)artnnents. 
 
 It is an order of the House of Lords (//), " That the 
 ** Clerks and inferior Ollleers attendinfj this House shall 
 *' not, at any time, he su'^pended or dis{)laced from their 
 " olHcos or einpioyinents without l(?ave of the House." 
 
 3. T/ie Clerk nf the Crown in C/ianrrn/* ' : an Attendant <""'"'■'* "'':'•" 
 
 "^ • Crown. 
 
 of the House of Lords, and is charged with ull Parliament- 
 ary Writs, and Koyul Pardons. His place is upon the 
 lower bench, next to the Clerk of the Parliaments. As 
 to the Judges, Masters in Chancery, &c. who are also 
 Assistants and Attendants upon iho Lords, sec a?ite 
 pp. 28, 70. 
 
 4. 77it' Gctitleman Usher of the Bhick Uo<l. — This Ocntirmnnt'shor 
 
 ~> . , -111 II iif'ilie IJIiick Roik 
 
 omcer was ancienliy appointed by letters patent under the 
 great seal, and he is still CJentlenian Usher to the King. 
 He attends the House of Peers during Parliament, silting 
 without the bar ; and holding in his hand a black rod (from 
 whence he derives his name), surmounted by a golden 
 lion. This Hod hath the same authority as a Mace. To 
 the custody of this OHicer all Peers called in question for 
 any crime, are lisst committed. 
 
 He belongs to tlio Garter ; and the dress which ho 
 wears on state occasions is that of the Register of the 
 Order, and Garter King-at-Arms; but commonly he is 
 attired in a court dress. Whenever the King sends for 
 the House of Commons to attend him at the bar of the 
 Lords for the meeting, prorogation, &;c. of Parliament, it 
 is by this Officer : but when he has deputed a commission 
 for that purpose, the Yeoman Usher (who waits at the door Yroman trhor. 
 within) is usually, though not invariably, the messenger. 
 
 (b) S. O. H. of L. 6 Fob. nSi3 ; 5 Feb. 1823. 
 
 * By the 2 & 3 Win. IV.ch. Ill, this office is to bt abolished after the death of 
 the proseiit occupier. 
 
 ■I 
 
 ^!H 
 
I'll 
 
 ^'■i ' 
 
 Bcrjoant-at- 
 Ariiis. 
 
 Chaplain. 
 
 Crier and Door- 
 keopers. 
 
 Of the House of 
 Coniinoi)!!. 
 
 Clerk. 
 
 320 
 
 OFFICERS, &r. OF TITR 
 
 5. There is also a Serjeant-at-Arms in attendance on 
 the Lord Cliancellor, whoso duties are similar to those of 
 the like officer in the House of Commons, (see post p. 325). 
 
 By the entries on the Journals of the House of Lords, 
 it appears that there was anciently a Chaplain, whose duty 
 it was to read prayers each day, before the commence- 
 ment of business ; but there is no such officer at present, 
 this solemn rite being performed by the junior Bishop. 
 
 There is a Crier and several Door-keepers in attend- 
 ance without ; and it is provided by a standing order (c) 
 that the Door-keepers be not allowed to enter within the 
 doors, except ujion business. 
 
 OFFICERS, Jkc. OF THE HOUSE OF COMMONS.* 
 
 1. The C/er/c.—The olHce of Clerk of the House of 
 Commons, (or, as he is more properly called. Under 
 Clerk of the Parliamentst,) is granted by the King (d), 
 by letters patent, for life, to be exercised by himself or 
 deputy; with an ancient salary of t€10, payable half 
 yearly at the Exchequer. 
 
 By virtue of his office, the Clerk has not only the right 
 of appointing a deputy to officiate in his stead, but has the 
 nomination of Clerks assistant, and all other Clerks with- 
 out doors. His duties are comprised in the words of his 
 oath, " to make true entries, remembrances and journals, 
 " of the things done and past in the House of Commons;" 
 but he must confine himself to taking notes of the orders 
 and proceedings in the House. These he and his Clerks 
 do in their minute books at the table, and from these 
 
 (c) S. O. II. of L. M Feb. 1703. (il) Sec C Gicj-, lOG. 
 
 *' For the uniount ofcoinpeusation paid to certain iufcriorOflkcrs and Servants 
 of the Houiio of ConiinoiiA, see Appendix XXV. 
 
 t The reasoii given for this is, that when tlie Two IIoU!<c8 of Parliament first 
 soparaled, and ht;1d their meetings apart, — which is said to have been on the IStli 
 March, 133'^, — the Under Clerk of the Parliaments went with the Com>nons; and 
 ho lias been accordingly, from that time, styled in his letters-patent, and ccveral 
 public docuuiciits, "UnderClcrk of tbcPurliamcut^, attuudiug upon the Commous." 
 
House OV '.'OMMONd. 
 
 321 
 
 minutes the votes (which are ordered to be printed*,) are 
 made up, und^r the direction of the Speaker. 
 
 The Book of the Clerk of the House of Commong, as 
 the Journals were anciently termed, is a record (e), and 
 as such is evidence in a court of law. As records, they 
 are open to every one, to see and to publislx therefiom (/) ; 
 and a printed vote of either House on any subject is suffi- 
 cient ground for the other to notice it. Either may ap- 
 point a Committee to examine the Journalst of the other, 
 and report their proceedings upon the particular subject 
 of enquiry, (see Chap. XII. On Committees, [Conuiiitlee 
 to inspect Lords' Journals].) 
 
 The Journals of the House of Commons commence in 
 1547, and continue down to the present time ; but the course 
 of entering the proceedings has varied from time to time, 
 the entries being much more specific and detailed at 
 some periods than at others. The Journals of the House 
 of Lords commence in 1509, and arc much more regular. 
 
 On information of a misentry or omission in the Journals, .Misciitry, 
 
 (e) C llfiury VUI cli. Iti ; 4 last. 23, 'J4; C. i. 17 iMardi, 15'Ji. 
 
 (f) CGrey, 118, III). 
 
 * The votes and proceedings of the House wcrr, first ordered (o lie priiitc<l l.y 
 a Uesoluliou of the House on ihi; a4th March, I6«<t-1 ; lor iOtout forty years prior 
 to that timi;, it hud bc-a custoniiiry to order the printing of corlain spccifn; voles, 
 l)Ut there was no general order for that puri)osc. Sim^e then, however, the above 
 Besolucion has been renewed every session (with the exception of the ytar nn.J, 
 when it was fi.r a short time suspended;, and a Printer ordered to be appointive! 
 (V>r that purpose 1»y the Speaker; an occasional prohibition being added against 
 «ll other persons printing the same. IJy the 42 Geo. HI. ch. f.:J. Votes »nd I'ro- 
 coodings in Piirliaaicut may bo seot lo any part of Great Brituin, postage free, 
 by Members of cither House, and certain public oflicers ; and with a rcdu<;cd 
 postage, by all other persons. 
 
 t Although the order snyo " Journal.s," it is htated by a Committee of Hm? House 
 of Comwonti, on the Publication of Printed Papers (8 May, 1837), that the Lords 
 have invariably adverted to the yoles for any information they may have re- 
 quired. It is also stated (by this Committee), that "although the Ifonsc cf 
 " Commons do not allow any reference to be made in Petitions to what pns.srs in 
 " debate, or may be entered in tho Journals, yet, consi.<.tcntly with the rules of 
 " the House, matter stated iu the printed Voles may be made the subject of 
 " petixioD and discussion." 
 
 i 
 
 11 
 
 
3n 
 
 OFFICERS, &c. OF THE 
 
 •I l!i 
 
 7 
 
 Kiitrics ia the 
 Journals. 
 
 Other duties of 
 the Clerk. 
 
 
 a CommittGe may be appointed to examine and ceitity if, 
 and report to the House (g). 
 
 The Clerk U to let no Journals, Records, Accounts or 
 Papers be taken from the table or out of hid custody (/*), 
 The rules he should observe in making entries therein, arc 
 thus stated : — 
 
 If a question be interrupted by a vote of adjournment, 
 or to proceed to the orders > f the day, the original (|L;es- 
 tion is never printed in the Journals, it not having been a 
 vote, or introductory to a vote ; but when suppressed by 
 the previous question the first question must be stated, 
 in order to introduce and make intelligible the second {?"). 
 
 So also when a question is postponed, adjourned or laid 
 on the table, the original question, though not yet a vole, 
 must be entered on the Journals, because it makes a part 
 of the postponing, &c. 
 
 Where amendments are made to a question, those 
 amendments are not entered on the Journals separate 
 from the main question ; but only the question as finally 
 agreed to by the House. The rule of entering only whaJ 
 the House has agreed to is founded in great prudence } 
 as there might be many questions proposed which it would 
 be improper to publish to the world in the form in which 
 they are made (/.•). 
 
 At the end of ilie session, it is the Clerk's office to see 
 that the Jnuinal of the session is properly made out, and 
 fairly transcribed from the minute books, the printed 
 votes, and the oi-iginal papers that have been laid before 
 the House; and that it is printed and distributed according 
 to the established rules for that purpose*. 
 
 (ff) C. J. 1 March, 1676. (h) C. J. 10 Dec. 1641. 
 
 (i) 2 Huts, P3. (k) 2 Hats. 85. 
 
 * By aSt4\ndiug Order of tlio House of Assembly of this Province ("see M. S. S. 
 Journals, ISi^O, p. 194^, tiie printed Edition of the Journals must be disposed of 
 as follows, \ iz : — 
 
 Throe copies to each member. — One copy to each member of the LogisIativ« 
 Council.— Six copies to the Lieutenant Guvernor. — Three copie* to the Library. 
 
HOUSE or COMMONS. 
 
 323 
 
 It is liis duty also, to sign all bills which have passed the 
 House, all addresses to the Crown, and all orders of the 
 House. 
 
 It is also his duty to take down the words of any raem- 
 ber, to wliich exception is taken ^3 l^eing irregular — on 
 receiving tlie direction of the House lo that effect, con- 
 veyed, in liatsell's opinion (/), through the Speaker, as the 
 mouth-piece of the House. But if any member h.as 
 ijpoken i)etween (as where a seconder had spoken two or 
 three sentences (?«), and then sat down,) no words which 
 have passed before can be taken notice of, so as to be 
 written down by the Clerk, in order to a censure ; (see 
 ante p. 98.). 
 
 In Committees of the Whole, the Clerk Assistant offi- cicrk Assistant, 
 elates alone. 
 
 The salary of the Clerk of the House of Commons is Salary of th« 
 
 •' . , . , Clrrk nnd other 
 
 j-egulated by the 52d Geo. HI. ch. 11. which provides — officers. 
 That that Officer, together with the Clerks Assistant, 
 Serjeant-at-Arms, &c. shall pay to certain commissioners 
 Appointed, to be called " the commissioners for regulating 
 " the Offices of the House of Commons," all the salaries, 
 fees, perquisites and emoluments, which they may receive, 
 to be paid into a fund (called the " Fee Fund"), from 
 which the said commissioners shall pay to each thfiir re- 
 spective salaries, as follows, viz : — 
 
 The Clerk of the House of Commons (first 
 
 five years of service) . - - - c£3,000 
 
 After which - 3,500 
 
 Clerk Assistant (first five years' service) - 2,000 
 
 After which - 2,500 
 Second Clerk Assistant (first five years' ser- 
 vice) 1,500 
 
 After which - 2,000 
 
 (I) 2 Hats. 257, 258. (m) C. J. v. 68, p. 322. 
 
 One copy (each) to tlie Governors, Lc^islutivR Councils and Atscmblie? of Lower 
 Canada, New Drunswick, Nova Scolii, and Prince Edward's Island.— Three 
 copies to tiio Library of ti»e Imperial Parliament. — Six copies to the Clerk's OlTico 
 for tko use of this House, and the remainder to such Members of the House of 
 Comraoas of Ureat Brituiu, as the Speaker may direct. 
 
i 
 
 §24 
 
 ON OFFICERS, Ac. OF TIIH 
 
 Sularie* of 
 I 'udcr Clerks 
 
 Filectiun Com- 
 niittcc Clerk. 
 
 Outdoor Clerks. 
 
 In lieu of Fees^ Tliese Salaries* arc to be in liea of all feesf , except 
 those payable on the examination of sureties of election 
 recognizances; and the taxation of costs of election peti- 
 tions, which arc established by act of Parliament (28th 
 Geo. III. ch. 52.). For these fees, see ante pp. 109, 119. 
 
 These commissioners have also the payment of all tho 
 Under Clerks, according to the rules regulating the same. 
 And if, after the disbursement of the above salaries, there 
 remains any surplus unexpended, it is to be paid into the' 
 Consolidated Fund of Great Britain. 
 
 There is a special Clerk appointed to attend the Com- 
 mittee of Privileges, who now attends the Select Com- 
 mittees on Elections ; and when two or more of these 
 Select Committees are sitting at the same time, the Chief 
 Clerk appoints others to attend the same as deputies. 
 
 There are also four Principal Clerks without doors, 
 
 * By a recent Statute (4 A: 5 Wni. IV. cli. 70), these Salaries are reduced to the 
 followiug amounts, viz : — The Clerk of the House, £2000 per annum ; the First 
 Clerk Asfistant, £1,500; and the Second Clerk Assistant, £1,000; — without any 
 increaee being provided for a lony period of service. This arrangement, how* 
 ever, is not to conin into operation until the demiee of the present occupants. 
 
 t The fees that have always been due to the above Officers, arc still to be paid 
 them, but, on receipt thereof, they must pay them over to the Coniinissioncrs of 
 the Fee Fund. 
 
 The fees to which they are entitled upon all Private Bills, have been already 
 shown (sec niife, p. S5C, &c.) ; the following table therefore will contain the Fee^ 
 to which they are entitled for other duties. 
 
 To Mr, Speaker's Secretary. 
 
 For cTcry Warrant signed by Mr. Speaker, for a new writ, 
 
 comuiituicnt, discharge, or witness to attend 10 
 
 To the Chief Clerk. 
 
 For every order upon motion or petition, or committee ap- 
 pointed ill private or public matters; or for copies of 
 them, taken out by ahy person t...., 6 8 
 
 For every order far the commitment or discharge of any 
 
 person 6 8 
 
 For copies of all petitions, reports, or other matters out of 
 
 the Journals, if under 10 sheets 6 8 
 
 If above 10 slipets, per blieet 1 
 
 For every search in the Journals 6 8 
 
 For copies of Bills, per i«h(^rt 10 
 
 Rut if for Members 4 
 
 For ingrossing Bills, per press 12 6 
 
 For swearing every person at tiic table, in order to be uatu- 
 
 ratizvd 13 4 
 
HOUSE OF COMMONS. 
 
 32o 
 
 appointed to attcnJ Committees, who take their attend- 
 ance by rotation ; each having a deputy. There is also 
 one Clerk vvlio has the direction of the Ingrossing Office, 
 and has copving Clerks under him ; and another who has 
 charge of the Private Bill Office, with Clerks under him. 
 Besides these, there is a Clerk appointed expressly to 
 collect the fees on Private Bills, &c.; and another who has 
 the custody of the Journals and papers, and who has 
 several writing Clerks under him. 
 
 There is another Officer of this class, viz: the Speaker's Speaker's Sccrc- 
 
 tarv 
 
 Secretary, whose salary is not provided by the 52d Geo. I II.; 
 but by the 4th & 5th \Vm. IV. ch. 70, it is placed at c£500. 
 
 2. The Clerk of the Crown* is an Officer of the House cicrU of tho 
 of Commons, at which place he must attend, by himself 
 or deputy, to amend returns (») in the House, whenever 
 he is so ordered. It is his duty to deliver in to the Deputy 
 Clerk of the House, at the commencement of Parliament, 
 a book containing a list of all the members returned. 
 When in the House, his place is upon the steps at the foot 
 of the Speaker's chair. 
 
 3. The Serjeant-at Arms is also an important Officer of scrjeant-at- 
 the House. The duty of Serjeants-at-Arms is to attend the ""*' 
 person of the King, to arrest persons of condition offend- 
 ing, &;c. Two of them, by the special permission of the 
 King, and not by any authority properly belonging to 
 cither House, attend on the two Houses of Parliament, or 
 rather upon the Speakers of the respective Houses. In 
 token of which, the Mace is surrendered by the Speaker, 
 at the close of every session, to be deposited in the Royal 
 Treasury, now called the Jewel House, at the Tower.t 
 
 (■) C. J. V. 63, pp. 118, 303. 
 
 * See ante the note in pa^e 319. 
 
 t Upou ihi«, Sir Francis Palgrave truly observei, " It might be as well if our 
 *' Commons would sometimes bear such historical facts in mind, in order that they 
 " might recollect that it is as the King's High Court of Parliament they assemble; 
 " and that if they are the representatives of the community, they are also the 
 " Council of the Crown."— (Palgrave's Merchant and the Friar, p. 364.) 
 
 3R 
 
 
226 
 
 ON OFFICERS, &c. OF THE 
 
 The Mace. 
 
 Its place sym- 
 bolictil. 
 
 i 
 
 The office of him in the House of Commons is, the 
 keeping of the doors; and the execution of such commands, 
 touching the apprehension, and taking into custody of 
 offenders, as the House may enjoin upon him. 
 
 Although the Speaker is properly said {o) to have the 
 keeping of the Mace, and is never to appear in public 
 without it, yet it is placed in charge of the Serjeant-at- 
 Arms, to manage according to the rules of the House. 
 
 At the election of a Speaker, after he is chosen, and 
 has taken his seat, the Mace is laid upon the table by the 
 Serjeant — ^before the election it should be under the table ; 
 and the House cannot proceed to the election of a Speaker 
 without the Mace {p). 
 
 When the Speaker is in the chair, the Mace lies upon 
 the table, — during a Committee of the Whole, it is tinder. 
 When the Mace is out of tl>e House, no business can be 
 done. When Jrom the table, and upon the Serjeant's 
 shoulder at the bar, the Speaker only manages, and no 
 motion can be made. But if a witness be under exami- 
 nation at the bar, and the Mace upon the table, then any 
 member may propose questions to the Speaker to ask the 
 witness {q). 
 
 Whenever the Serjeant-at-Arms makes his appearance 
 tiic Serjeant-at. jn any Committee, bearing the Mace upon his shoulder, 
 it must instantly adjourn (r), and its members proceed 
 to the House. It is also a common plan to send the Ser- 
 jeant, with the Mace, to the buildings and places adjacent, 
 for the purpose of collecting the members, and it must 
 always be done before any election petition is taken into 
 consideration. {See ante p. 111.) 
 
 Whenever the Serjeant-at-Arms takes persons into cus- 
 
 Pnson-rooms or or 
 
 tiie House. tody by order of the House, he lodges them in prison 
 
 rooms connected with the building: where thev are com- 
 
 (o) 2 Hats. 23G. (p) C. J. 13 Mar. 1G94. 
 
 (7) l>»ar. 2fi5, and see ante, p. ni;j. (r) C. J. 16 May, 1C14. 
 
 Other duties of 
 
irOUSF, OF CO^IMONS. 
 
 327 
 
 fortably provided for in all respects, except in the articles 
 Of' food and raiment, which they must obtain at their 
 own cost. 
 
 The salary of the Serjeant-at-arms, as regulated by the liis Salary. 
 4 &; 5 William IV. ch. 70— is .£1,500 per annum. This 
 includes the allowance to which he is entitled as House- 
 keeper to the House of Commons (which office was united 
 to that of Serjeant, by the 52 Geo. HI. ch. 11, sec. 5) and 
 is in lieu of all fees* payable to him under the Standing 
 Orders ; and which, on receipt thereof, he must pay over 
 to the Commissioners of the Fee-fund. (See ante p. 323.) 
 
 There is a Deputy Serjeant-at-arms, who has a salary Deputy Serjcnni. 
 of ^800 by the above statute. Besides which there are Doorkeepers &c. 
 Doorkeepersf, and Messengers| to the House, who are 
 under the control and authority of the Serjeant-at-arms. 
 
 4. The Chaplain — Whose duty it is to read Prayers The Chaplain. 
 every morning before the commencement of business. 
 This solemn rite commences a few minutes before the Pmyers. 
 appointed time of meeting, the Speaker taking his place 
 
 * For the amount of Fees payable to the Serjeant-at-Arms (and Housekeeper) 
 on Private Kills, see ante, p. Q50. The following are those which he is authorized 
 to demand by the Standiiii,' Orders of 1700, and of the 19th Juno, 1746, for other 
 services : 
 
 To the Serjeant-at-Arms. 
 
 For takini; a Knight into custody .'S 
 
 For taking a Gentleman into custody 3 6 8 
 
 For every day in custody 10 
 
 For every person sworn at the tabic, in order to be naturalized 12 6 
 Forevery Counsel pleading at the Bar, or before any Committee 10 
 
 For bringing a criminal to till! Bar U 6 8 
 
 For riding charges — uuchmile 
 
 To the Housekeeper. 
 
 For every prisoner discharged by the House 5 
 
 t Besides the Fees payable to the Doorkeepers upon every Private Bill (see 
 ante, p. 250), they are authorized, by the Table of Fees of 1700, to demand the 
 
 followiu?: 
 
 To the Two Doorkeepers. 
 
 Upon the discharge of every prisoner, to each 2 6 
 
 t Besides the Fees payable to the Meesengers upon every Private Bill (see 
 
 ante, p. 25G), they are authorized, by the Table of Fees of 1700, to demand the 
 
 following ; — 
 
 To the Four Messengers. 
 
 For attending a prisoner, per day 2 
 
I 
 
 328 
 
 ON OFFICERS, &.c. 
 
 S 
 
 the Cbaplaiu. 
 
 at the upper part of the Clerk's table, on the right hand, 
 — the Chaplain on the left. At its conclusion, the Speak- 
 er, standing before the Chair, counts the House, and, if 
 there be a quorum present, takes his seat. The mace is 
 then laid upon the table by ihe Serjeant, and the business 
 begun. 
 Rpmuneration of The office of Chaplain is in the gift of the Speaker, and 
 was, until recently, entirely honorary. Formerly, after 
 about three years service, on the average, an Address to 
 His Majesty was voted, praying Him to confer on the 
 Chaplain some living in the gift of the Crown, which was 
 immediately done ; but now, in consequence of the greater 
 part of the ecclesiastical patronage of the Crown having 
 been taken away, by act of Parliament, no such livings 
 remain open ; — accordingly that officer receives a salary of 
 c£200 a year from the House of Commons («). 
 
 (»; Sec Mirror of Parlt. 1836, p. 19d. 
 
 1 
 
( 329 ) 
 
 CHAP. XVIII. 
 
 1 
 
 priety of. 
 
 en Km))cacfimeHt| iJClIis oC ^ttatntrer, ^r. 
 
 Tlie High Court of Parliament is the supreme Court of iMpr.ACHMr.NT. 
 the Kinjjilom, not orilv for making, but also for the exe- oi>jf;.i and pro- 
 cution of the laws — by the trial of great ofTen Jers, whether 
 Lords or Commons, in the method of Parliamentary Im- 
 peachment. 'J'IjIs custom of Impeachment, says Black- 
 stone (a), has a peculiar propriety in our Constitution ; 
 for though. In general, the union of the legislative and ju- 
 dicial powers ought to be most carefully avoided, yet it 
 may happen that a subject, intrusted with the administra- 
 tion of public affairs, may infringe the rights of the people, 
 and be guilty of such crimes as the ordinary magistrates 
 either dares not or cannot punish. Of these, the repre- 
 sentatives of the people, or House of Commons, cannot 
 properly ^*M^«'e ; because their constituents are the parties 
 injured, and can, therefore, only impeach. In the trial of 
 such an impeachment, ordinary tribunals would naturally 
 be swayed by the authority of so powerful an accuser. 
 Reason, therefore, will suggest, that this branch of the 
 legislature, which represents the people, must bring its 
 charge before the other branch, which consists of the no- 
 bility, who have neither the same interests, nor the same 
 passions, as popular assemblies. It is proper, therefore, 
 that the nobility should adjudge, to ensure justice to the 
 accused, as it is proper that the people should accuse, to 
 ensure justice to the Commonwealth. 
 
 (p) 4 BI torn. 260, 261. 
 
r.30 
 
 o\ iMrKAciniK.vr, 
 
 Should be Hpn- 
 
 ADthnKinjr'g 
 hiihjccfo aio 
 iinpoachuulu. 
 
 -At the same timo, wliilo it Is absolutely necessary, for 
 tlie preservation of our lihortie?, and the safety of our 
 Constitution, that the Commons sliould [)o.-s( bs this extra- 
 ordinary power of bringing great olfenclers to justice, it 
 may be prudent that it should be sparingly exercised. It 
 riDgiy exorci.^e.J. g},^3^] J bo confined to matters not within the cdgriizanco 
 of ordljiary tribunals; to breaches of trust, particularly 
 judicial aberrations; and the counselling pernicious or 
 dishonorable measures. 
 
 All the King's subjects, even the highest spiritual or 
 temporal lords, are impeachable in Parliament; but a 
 Commoner can now be charged only with high misde- 
 meanors and not with capital offences, cognizable in any 
 otler Court [b): a Peer may be impeached for any crime. 
 Resolutions on The accusation of the Commons is in the place of an 
 lueut is founded. Indictment. The general course pursued m brmgmg 
 forward an Impeachment, is, to pass a resolution in the 
 House of Commons, containing a criminal charge against 
 the supposed delinquent, and then to appoint certain mem- 
 Bur onheLoVdi! ^^^^ (called managers) to impeach him, by oral accusation, 
 at the bar of the House of Lords, in the name of the Cara- 
 mons in Parliament assembled, and of all the Commons of 
 the United Kingdom. The person deputed to this office 
 further signifies, that the articles against the accused will 
 be exhibited in due time, and desires that he may, in the 
 mean time, be sequestered from his seat in Parliament, or 
 be committed, or that the Peers will take order for his 
 appearance (c). 
 
 If the party do not appear, proclamations are to be 
 issued, giving him a day to appear. On their return 
 they are strictly examined. If any error be found in 
 them, a new proclamation must issue, giving another day. 
 If he then appears not, his goods may be proceeded 
 
 Appearance. 
 
 (b) Fitzliarris' case, L. J. 2C March, 1680 ; 8 Grey, 325. 
 
 (c) L. J. 3 June, 1701 ; 6 Grey, 324 ; 2 Wood, 602,605. 
 
ON IMrF.AfllMKNr. 
 
 C31 
 
 against, and tlio trial bo conductecl by a bill of AltainJer, 
 or of Pains and Ponaltics. 
 
 The Commons claim to be judges of tlie proper time ,\ri.iics. 
 for cxhllilting their articles ; but when iiiu'easonuble delays 
 have taken place, they have been repeatedly reminded 
 by the Lords to advance tho prosecution, injustice to the 
 accused. 
 
 Tho articles may be stated by the Commons in general ""* "''^*^''' 
 terms, without technical exactness, and need not pursue 
 the strict form of an indictment; thus, by the usage of 
 Parliament, in Impeachments for writing or speaking, 
 the particular words need not be specified {(I). 
 
 At tins stage, a joint Committee of both Houses has fre- joint Comiinttce. 
 quently been appointed, to adjust other preliminaries of 
 the trial ; but such a Committee has been also denied on 
 impeachments for misdemeanors (<?). 
 
 The Commons then reijuest the Lords to appoint a Trial, 
 place and day on which tiiey may follow up their Im- 
 peachment — for it is the sole right of the Lords to name 
 the place of trial. 
 
 The trial itself does not essentially differ fromcriminal 
 prosecutions before inferior courts. The rules of evi- 
 dence, and the doctrine of crimes and punishments, are 
 the same j for Impeachments are not framed to alter the 
 law, but to carry it into more effectual execution, when 
 it might be obstructed by the influence of too powerful 
 delinquents. 
 
 If the charge be for misdemeanors, the Lord Chancel- 
 lor presides at the trial. In capital cases, It has been usual ^fj^'a/jf** 
 to appoint a Lord High Steward, for the more orderly 
 proceeding of the trial.* This officer is appointed by the 
 King, and he must {J") be a Peer; but it was decided by 
 
 (d) Sachev. Trial, 32j; 2 Wood, 002, GOJ. 
 
 fe; CJ. nJuiic, ITOl. (/) 4 Bl. Com. 2C1. 
 
 * Sec Professor Amo:§' Disquisition on tlic Court of tlis Loid High Steward, 
 appended to the 2d vol. of Phillips' Stale Trials, p. 359. 
 
 w 
 
 i 
 
 i 
 
 \ i 
 
rr 
 
 nail. 
 
 Forms of Pro- 
 ceeding. 
 
 Answer of iho 
 accused. 
 
 
 ON IMPEACIIMKNT. 
 
 the LnrJs in Lord Diinb^-'s cuse, that such an olHcer is 
 not absolutely necessary (g). 
 
 Accordinj^ to the general rule, that whosoever is judge 
 of the offence mnv Imil the offender, the recoj^nizancc ot 
 hail is taken uj>on Impeachments, by order of the House 
 of Peers, at their Lordships' bar ; the bail being previously 
 approved by a r'oiiimittce to whom it is referred to con- 
 sider of their sufliclency. The condition of tlic recogni- 
 zance in such case is, that the criminal shall personally 
 attend before the Lords in Parliament, and appear from 
 day to day, until further order of the House [h). 
 
 On Trials, as well by Indictment as Impeachment, 
 the House directs all parties appearing to address tho 
 Lords in general, and not the Lord High Steward in 
 particular. 
 
 In these cases of capital accusations, the Lords spiritual 
 liavc a right to stay till tho court proceeds to the vote of 
 guilty or not guil and then they have constantly with- 
 drawn (see anfe p 65); yet their right to vote on Bills 
 of Attainder has always been admitted [i). 
 
 If the accused appear, and the case be capital, he 
 answers in custody ; though not if the accusation be ge. 
 neral. Ho is not to be committed but on special accusa- 
 tions. If it be for misdemeanor only, he answers, if a 
 Peer, in his place ; if a Commoner, at the bar, and not in 
 custody, unless, on the answer, the Lords find cause to 
 commit him until he find bail for his attendance (/c). A 
 copy of the articles is given him, and a day fixed for his 
 answer (/). On a misdemeanor he may answer either in 
 person, by writing, or by attorney [m). The general 
 rule on an accusation for a misdemeanor is, that in such a 
 state of liberty or restraint, as the party was when the 
 
 (g) 2 Wood. 613; Foster's Crown Law, 144. 
 
 (/i) Saohovorall's cuse, 13 Jan. 1709; case of Warren Hastings 21 May, 1787. 
 
 C») 2 Wood. 603. (k) Sol. Jud. 98, 99. 
 
 (0 1 Rushw. 268 ; 1 Clar. Rob. 379. (m) Sel. Jud. 100. 
 
 
n.V IMPKACIIMKNT. 
 
 333 
 
 Commons compliiiiunl of lilm, in such ho is to answer. If 
 previously commillod l)y iIh? Commons, he ansWiTs as a 
 prisoner. Init this may be cnllod in some sort Judirit/fn 
 jmrium sitonnn {ii). In misdemeanors the party lias a 
 right to counsel, by the common hiw; but not in capital 
 cases (o). 
 
 Tlio answer n'^ed not observe great strictness of form. Formof Amwer 
 He may plead guilty, as to a part, and defend as to the 
 residue; or, saving all exceptions, deny the whole; or 
 eivo a particular answer to each article separately {p). 
 But ho cannot pk-ad a pardon under the great seal as a 
 bar to llie Impeachment (y). 
 
 There mny be a replication, rejoinder, &c. by the Com- R<'i>ii«"»iion, 
 inons, winch is likewise exempted trom-a 8cru[)ulous ad- 
 herence to form (/•). 
 
 The practice is to swear the witnesses summoned, in Wuncmcs. 
 open House, and then examine them tliere ; but a Commit- 
 tee may be named, who shall examine them, either with 
 interrogations agreed on by the House, or such as the 
 Committee may, in their discretion, demand («). 
 
 In the case of Alice Pierce, 1 Rich. II. a jury wns Cum- oi Alice 
 impannelled for her trial before a Committee. But this 
 was on a complaint, not an Impeachment by the Commons 
 (<). It must also have been for a misdemeanor only, as 
 the Lords spiritual sat in judgment, which they do in 
 misdemeanors, but not in capital cases. The judgment 
 was, a forfeiture of all her lands and goods (/;). This, 
 Selden says, is the only jury he finds recorded in Parlia- 
 ment for misdemeanors ; but he makes no doubt, if the 
 delinquent doth put himself on the trial of his country, 
 
 («) Sel.Jtid. 101. (o) lb. 102,5. 
 
 - {p) iRualiw.274; SRushw. 1374; L J. 13 Nov. 1613; 12 Farl. Hist 442. 
 . (fl) 2 Wood. 613 ; 2 Stale Trials, 735, 
 
 (r) Set. Jud. 114)8 Grey, 233; C. J. 6 Mar. 1040. 
 
 («) Sel. Jud. ISU, 123. (() Set. Jud. 123, 163. 
 
 (o) lb. 148, 188. 
 
 2S 
 
334 
 
 ON IMPKACHMENT. 
 
 •'iT!. 
 
 cuiie 
 
 Commons have 
 iiu sliurc in the 
 judgment. 
 
 that a jury ought to be impannelled ; and he adds, that it 
 is not so on impeacliments by the House of Commons, for 
 they are in loco prop?' io, and ttien no jury ought to be im- 
 pannelled. The Lord Berkeley, 6 Edw. III. was arraign- 
 Lord Berkeley's ed for murdcr, on an information on the part of the King, 
 and not on Impeachment by the Commons, for then, says 
 Selden, " they had been jtatria sua.^* He waved his 
 privilege of Peerage, and was tried by a jury of Glouces- 
 tershire and Warwickshire (^^'). In 1 Henry VII. the 
 Commons protest that they are not to be considered as 
 parties to any judgment given or hereafter to be given in 
 Parliament (x) ; they have been generally, and more justly 
 considered as the Grand Jury. For the conceit of Selden 
 is certainly not accurate, that they are the patria sua of 
 the accused, and that the Lords do only judge, but not 
 try. It is undeniable that they do tiy. For they exa- 
 mine witnesses as to the fact, and acquit or condemn, 
 accordinsf to their own belief of their evidence. And 
 Lord Hale says, *' the Peers are Judges of law as well 
 " as of fact* iy). Consequently of fact as well as of law. 
 
 The Commons are to be present at the examination of 
 witnesses (2:). Indeed, they are to attend throughout, as 
 a Committee of the Whole. — Except, as is generally the 
 case, they appoint managers to conduct the proofs (a). 
 And judgment is not to be given until they demand it {b). 
 But they are not to be present when the Lords are con- 
 sidering their answer or the proofs, and determining on 
 their judgment. Their presence, however, is necessary 
 when the answer and judgment is given. 
 
 The Lords debate the judgment among themselves. 
 Then the vote is first taken on the question of guilty or 
 not guilty ; and if they convict, the question, or particular 
 
 Commons pre- 
 tciit at exuiniiiii 
 siuii. 
 
 Judgiiicut con 
 sidorcd. 
 
 i 
 
 (10) Sel. Jud. 125. (x) Sel. Jud. 133. 
 
 (y) « Halo, P.O. 2T5. (i) Sel. Jud. 124. 
 
 (o) Rusliw. TriuJ of Strafford, 37 ; C. J„ 4 Feb. 1709-10. 
 (6) Sel. Jud. 121. 
 
 « 
 
ON IMPEACIIMENT. 
 
 33;5 
 
 sentence, is out of that which seemeth to be most gene- 
 rally agreed on (c). 
 
 Judgments in Parliament for death, have been strictly Ju.igment given. 
 gxiidedper legem terrte, which they cannot alter; and not 
 according to their discretion. They can neither omit any 
 part of the legal sentence, nor add to it; as, if the offence be 
 provided against b^ statute, the offender must bo condemned 
 according to the provisions of that statute. Their judg- 
 ment must be secundum, non ultra legem (d), and should bo 
 one that is warranted by legal principles or precedents (c). 
 The Chancellor gives judgment in misdemeanors, and the 
 Lord High Steward, when one is appointed, in cases of 
 life and death {J"). In misdemeanors the greatest corporal 
 punishment hath been imprisonment (g). 
 
 The King's assent is necessary in capital judgments, King's Assent, 
 but not in misdemeanors (h). Althouerh no pardon under „ T ""*^*'*'""** 
 
 . ^ ^ or Pardon undcrtbe 
 
 the great seal is pleadable in an Impeachment, vet the '•'■^''* ^•"'' "°^ 
 
 TT' p 1 -1 • ,. , l>leudul.le. 
 
 Kmg may afterwards remit the execution of the sentence, 
 or any part thereof («). 
 
 A dissolution or prorogation of Parliament intercepts, impcnriimcnt not 
 but does not extinguish an Impeachment ; the charge may dfs8ofu"tioii!&cf 
 be resumed when the House is again assembled (/c) ; al- '^ 
 though, this question having formerly been doubtful, spe- 
 cial acts have been passed to prevent the effects of a pro- 
 rogation in such a case (Z). 
 
 The last instances of Impeachment by the Commons, 
 were those of Warren Hastings, in 1787, managed by 
 Mr. Burke ; and of Viscount Melville, in 1805, managed 
 by Mr. VVhitbread*. 
 
 (rf) lb. 168-171. 
 
 (/) Sel. Ju(1.180. 
 
 (A) lb. 13G ; but sec contra, 3 Wood. GH. 
 
 (c) Sel. Jud. 167, 
 
 (e) 6Sta.Tr. 14; 2 Wood. 611. 
 
 (g-) Sel. Jud. 184. 
 
 (i) 12 &. 13 Wm. III. ch. 2, s. 3. 
 
 (A) C. J. 23 Dec. 1790; L.J. 16 May, 1791; Raym.383. 
 
 (I) As 45 Geo. 111. cc. 117 &, 125. 
 
 * See further as to Impeachments, &c. the 4th vol. of Hottell's Precedents^ 
 "On Impeachments, ''-Hiud Fortotcuo de Laudibus Lcgum Anglite, by Ainosi 
 
ISG 
 
 ox IMPEACiniEXT. 
 
 BILLS OF ATTAINDER, AND OF PAINS AND PENALTIES. 
 
 •i-'.J 
 
 Bills of Attainder BiUs of Attainder, drc, it has been shown (m), must, 
 Pcuaitiou. from their judicial nature, originate in the House of Lords. , 
 
 They are used when the proceeding by Impeachment 
 would be justifiable, but cannot be enforced in conse- , 
 quence of the accused flying from justice, and refusing to , 
 surrender himself; or when he is in actual rebellion, and 
 in direct opposition to all methods of trial, and in defiance 
 of every tribunal of law. 
 
 The trial is conducted in such a case by united Com- 
 mittees of Lords and Commons, who examine witnesses 
 and report thereon to their respective Houses. Upon this 
 report the bill of Attainder, or of Pains and Penalties, is 
 brought in, if sufficient facts are adduced to warrant it. 
 When the bill is committed, after its second reading, 
 witnesses are again examined upon its allegations. 
 
 • Formerly, the consequences of Attainder were cor- 
 ruption and forfeiture of blood, which cannot regularly be 
 taken off but by act of Parliament («), but now, by the 
 54th Geo. IIL oh. 145. this extends only to cases of high 
 treason, petty treason and murder; or abetting, favouring 
 or counselling the same. 
 
 By a Bill of Attainder, or of Pains and Penalties, any 
 one may be attainted of treason or felony, and pains and 
 penalties inflicted beyond, or contrary to, the existing law. 
 
 But where the remedy by Impeachment is available, 
 such bills will be regarded with jealousy, on account of 
 the dangerous licence which tlie Houses of Parliament 
 have permitted themselves, from the mixed and indefinite 
 nature of their legislative and judicial capacities, when 
 
 Cm; See ante, p. 160. («; Co.Lit. 391. 
 
 p. 118, &c. — and thn "Report of the Cominittue on causes of the duration of Mr. 
 " Hustings' trial, " wlicn; many doubtful points in Impeachments are exuuiiucd 
 ami determined— iu Burke's Works (Edit. 1816), vol. 4tb, p. 168. 
 
 i 
 
BILLS OF* ATtAINDER, &e. 
 
 337 
 
 united : and in their being ex post facto laws, made for 
 retrospective purposes. 
 
 An example of a Bill of Pains and Penalties is to be 
 found in the act against Atterbiiry, Bishop of Rochester 
 (9 Geo. I. eh. 17.). The last attempt to pass such a bill 
 M'as in 1820, in the well-known case of Queen Caroline, 
 for alleged adulteries in foreign countries. 
 
 THE END. 
 
( m ) 
 
 Sl»9tVMv. 
 
 T?ie SpcaJccr's Warrant for issuing a New Writ on a Appendix i. 
 VacancT/, during tlic Session. 
 
 Morcurii, 5o die Junli, 1811. 
 
 B}' virtue of an order of the House of Commons this 
 day made, 
 
 These are to require you to make out a new writ for 
 the electing of a hurgess, to serve in tliis present Parlia- 
 ment, for the (borough of King's Lynn,) in the room of 
 (Lord Walpole, who, since his election for the said bo- 
 rough, hath accepted the office of one of the Commission- 
 ers for executing the office of Lord High Admiral), for 
 which this shall he your suflicient warrant. 
 
 Given under my hand, the 5th day of June, ISIl. 
 
 Charles Abbot, Sjjeakcr. 
 
 To the Clerk of the Crown \ 
 in Chancery. ) 
 
 n. 
 
 Cert ideate to be signed hf/ two Members, on a vacancy 
 occurring during a Recess, as given by statute, 24 Geo, 
 III. chap. 26. 
 
 We, whose names are underwritten, being two mem- 
 bers of the House of Commons, do hereby certify, that 
 M. N. late a member of the said House, serving as one of 
 
 the Knights of the Shire ibr the County of {or as 
 
 the case may be,) died on the day of (or, is be- 
 come a Peer of Great Britain, and that a writ of summons 
 hath been issued under the Great Seal of Great Britain, to 
 summon him to Parliament), {or as the case may be) ; and 
 we give you this notice to the intent that you may issue 
 your warrant to the Clerk of the Crown, to make out a new 
 
 2 T 
 
 Appendix II. 
 
IV 
 
 FORMS OP OATHS. 
 
 Appeodii^ii. writ for the election of a Kniglit to serve in Parliament 
 
 {or as the rase matj be) in 
 Given under our hands this day of . 
 
 for the said County of 
 room of the said M. N 
 
 To the Speaker* of the House 
 of Commons. 
 
 {Signatures) < 
 
 III. 
 
 Appendix HI. JTonn of Oatlis required to he taJicn lij a Voter at an 
 Election for a Mctnbcr of the House f Asscmhhj of Up- 
 per Canada. 
 
 B>; the Constitutional Act. 
 
 I, A. B. do declare and testify, in the presence of 
 Almighty God, tliat I am, to tlie best of my knowledge 
 and belief, of the full age of twenty-one years; and that I 
 have not voted before at this election. 
 
 By Prov. Art 4 Wm. IV. ch. 11. §3. 
 
 I, A. B. do swear, that the estate in right of which I 
 vote at this election, is {here describe the estate, as the case 
 may be) which I hold by grant from the Crown, descent, 
 devise, marriage or conveyance {as the case maij be) and {in 
 case such estate sJiall have been derived otherwise than by 
 grant fmm the Croivn, descent, marriage or devise,) that 
 T have been in actual possession, or in tlie receipt of 
 the rents and profits thereof to my own use, by virtue of 
 such conveyance, above twelve calendar months, or, {as 
 the case may be) that the conveyance to me of the same 
 has been registered three calendar months. 
 
 IV. 
 
 Appendix IV. Form of Oaths required to be tahen by Candidates at an 
 Election for Members of the House of Assembly of f//>- 
 per Canada. 
 
 By Prov. Act 4 Geo. IV. ch. 3, §7, 8. 
 I, A. B. do swear, that I truly and bona fide have such 
 a freehold estate {here describe the estate,) over and above 
 
 * In case there shall bo no Speaker of the House of Commons, or in his absence 
 from the Realm, such certiCcale may be addressed to any one of the porsouj 
 a ppointed under the direction of this act. (Sec ante, p. CO.) 
 
FORMS OF OATHS. 
 
 all Incumbranccg that may aOect llio same ; and am other- Appendix iv. 
 wise qualified according to tho provisions of law, to be 
 elected and returned to s^'rve as a momber in the Com- 
 mons House of Assembly, according' lo iln tenor and 
 true meaning oi tho act of Parliament in that bt;half ; and 
 that I havo not obtained the same iVaudulontiy for the 
 purpose of eiiribling me to be retun.i'd member to the 
 Commons House of Assembly in this Province. — So help 
 ma God. 
 
 If tJic Cu/ididate 7ias resided in the United States of 
 Atftoica, he may he required to take the following 
 Oath in addition <t viz: — 
 
 I, A. B. do sincerely and solemnly swear, that, during 
 my residence in tho United States of America, I have not 
 taken or subscribed any Oath of Abjuration of Allegiance 
 to the Crown of Great Britain; and further, that during 
 my said residence, 1 havo not held the oiiice or appoint- 
 ment of Senator, or Member of the House of Representa- 
 tives of the said United Slates, or of either of the said United 
 States respectively, or held or enjoyed any otlico in any 
 of the executive departments of state in the said United 
 States or State respectively. So help me God. 
 
 V. 
 Oath required to he tahen hy every Mcmher of the Legis- 
 tive Council or Assembly of this Province, hefore taking 
 his seat in the House; under the Constitutional Act. 
 
 I, A. B. do sincerely promise and swear, that I will be 
 faithful and bear true allegiance to Her Majesty Queen 
 Victoria, as lawful Sovereign of the Kingdom of Great 
 Britain, and of these Provinces, dependent on, and be- 
 longing to the said Kingdom ; and that I will defend her 
 to the utmost of my power against all traitorous conspira- 
 cies and attempts whatever, which sliall be made against 
 her person, crown and dignity ; and that I will do my 
 utmost endeavour to disclose and make known to Her 
 Majesty, her heirs or successors, all treasons and traitor- 
 ous conspiracies and attempts which I shall know to be 
 against her, or any of them ; and all this I do swear with- 
 out any equivocation, mental evasion, or secret reserva- 
 
 Appondix V, 
 
 ■MW 
 
VI 
 
 CONTROVERTED ELECTIONS ACT. 
 
 Appendix V. tioD, and renouncing all pardons and diijpengatlons from 
 any per;on or power whatever lo the contrary. — So help 
 me God. 
 
 VI. 
 
 AppcDiUx VI. pjistract of the recent Imperial Act, 2 & 3 Victoria 
 ch» 38 — to suspend, for a limited time, the Act for the 
 trial of Controverted, Elections, and to amend thejurii- 
 diction for (he trial of the same. 
 
 Clause 1. Suspending tlic operation of the Act 9 Geo. 
 IV. ch.22, for trying Election Ignitions, until the end of 
 the 2nd Session of the next Parliament. 
 
 2. Declaring what shall be deemed an Election Pe- 
 tition. 
 
 3. Recognizances for the payment of costs, &c. to be 
 made before Petition is presented, and the amount and 
 number of sureties recjuired. 
 
 4. Instead of Speaker's examining suflTiciency of sure- 
 ties, the sureties are to make allidavit themselves of their 
 sutliciency — and in it so to describe their residence, namo 
 &c. as they may be easily identified. 
 
 5. The Speaker shall appoint a person to be Examiner 
 of Recognizances, to hold olllce during pleasure, and to 
 execute the duties under Speaker's directions. 
 
 6. Provision made for temporary disability of Exanjiner. 
 
 7. Recognizances to be entered into, and atlidavits 
 sworn to, before the Examiner, or a Justice of the Peace. 
 If before a Justice, certificate to be made by him to Exa- 
 miner. 
 
 8. Petitioner to have the option of paying required 
 amount, or any sum not less than c€2o0, into the Bunk of 
 England, on trust of himself and Examiner, instead of 
 finding sureties ; but he must enter into a personal Recog- 
 nizances for c£1000, and also find surety for so much of 
 the additional c£1000 as he has not deposited in the Bank. 
 
 9. Provision to be made by Trustees for all costs, &c. 
 of such investment. 
 
 10. Provision for change of Trustees. 
 
 11. No Election Petition to be received by the House, 
 unless endorsed by Examiner of Recognizances. 
 
 12. Names of sureties, if any, to be kept in the Exami- 
 
COXTROVF.RTED KLECTION'S ACT. 
 
 VII 
 
 ncrs' Oflicc, and if not, tlic Hank receipt for iho money AppomiixVi. 
 paid in — to be open for iiHpection of parries concerned. 
 
 13. Sureties may he ohji^cted to Itypnrties concerned, 
 on certijin grounds, \n l)0 stated and delivered iu writing 
 to the Examiner within ten days after presentaiion of Pe- 
 tition, (or fourteen if sureties reside in Scotland or Ire- 
 land). 
 
 14. Notice of oV)jection3 received, to lie put up lu I''..\a- 
 rniner's oljice, and parties allowed to take copi«s, — and a 
 day to ho appointed for hearin<T such objections, not less 
 than three, or more than five ditys from their receipt. 
 
 15. At time appointed. Examiner of Rccogruzances to 
 hear and determine on objections. 
 
 IG. In case of death of a surety, the money may bo paid 
 Into the Bank. 
 
 17. Examiner to report to the Speaker whether or not 
 sureties are objectionable. 
 
 18. How j)elilion3 may be withdrawn. 
 
 19. If the seat of mend^er objected to becomes vacant, 
 or he declines to defend return, notice to be published of 
 the same, and consideration of the petition discharged. 
 
 20. Voters may petition to be admitted parties in the 
 above case, to defend the return, or oppose the petition. 
 
 21. Members having given notice of their intention not 
 to defend, shall not be admitted parties. 
 
 22. At the beginning of every session, the Speaker to 
 appoint by warrant, a General Committee of Elections, 
 such warrant of appointment to He on the tabic of the 
 House three days, and be open to objection. 
 
 23. If the House disapprove of first appointment, 
 Speaker to make a new one. 
 
 24. Disapproval may be general or special. 
 
 25. Special Members not disapproved may be again 
 named in Warrants. 
 
 26. Appointment to last the session, unless Committee 
 sooner dissolved. 
 
 27. Cases of vacancy to bo made known to the House, 
 and proceedings of General Committee suspended till 
 supplied. 
 
 28. How to be supplied. 
 
 29. Cases in which General Committee to be dissolved. 
 SO. All Election petitions to be referred to General 
 
 Committee, for the purpose of choosing Select Committees 
 to try them. 
 
vm 
 
 CONTROVKRTKI) KLfXTIONS ACT. 
 
 Appendix VI. 31. Ilousu to fi.K limc and place of Committees first 
 meetlnpf, and its members to bo sworn. 
 
 32. Quorum of General Comnillteo to be four. 
 
 3.'J. Committee to make regulations for its own proceed- 
 
 ings. 
 
 31. Clerk to keep minutes of proceedings, to be laid 
 beforo the Ffouse. 
 
 35. During any suspension the Speaker may adjourn 
 any business before the CJeneral Coinmiltoe. 
 
 30. An alphabetical list of all tlie Members of tlie House 
 to be made every session. 
 
 37. Members wholly excused from serving on Election 
 Committees. 
 
 38. Members temporarily excused. 
 
 39. Members temporarily dis(|ualified from serving. 
 
 40. A corrected list, distinguishing the excused or dis- 
 cjualilied mcnjbers, to bo printed and distributed with the 
 votes. 
 
 41. This list may be further corrected during oncweek. 
 
 42. List to be referred to General Committee, who are to 
 make a selection of members qualified and willing to serve 
 as Chairmen of Election Committees. 
 
 43. List to be then divided into five panels, of eepial 
 numbers, by General (^'ommittec, from which Election 
 Committees are to bo selected. 
 
 44. General Committee to correct the panels from 
 time to time. 
 
 45. For supplying vacancies, and otherwise increasing 
 Chairmen's panel. 
 
 46. Members on Chairmen's panel to make regulations. 
 
 47. General Committee to give three weeks notice 
 when any Election Committee will be chosen. 
 
 48. Parties to whom notice to be given. 
 
 49. Provision for the case of voters afterwards admit- 
 ted parties. 
 
 50. List of voters intended to be objected to, shall be 
 be delivered to Clerk of Committee by the parties. 
 
 51. Manner of choosing the Select Committees. 
 
 52. In case of disagreement, General Committee to ad- 
 journ. Committees to be chosen according to the order 
 l)etltions stand on the list. 
 
 53. AVhen Committee chosen, the parties to be called in. ' 
 
 54. General Committee to proceed in order with all 
 the petitions appointed for the day. 
 
LLKCTION rKIMilO.V. 
 
 IX 
 
 5'). Parties may ol^joct to (lisfniallllcil mornbers. If Api.m.ii, vi. 
 Gonf.'ral ComniiLtcu allow the »li.S(iualil;cation a now Com- 
 inittoe to Ijc clioscn. 
 
 «><>. Notice to be sent, fo cvcvy menibrr cliospn. 
 
 57. If any rncmber clioscn proves his cli.s(jiiaiifioation, 
 another ('oinniittee to be selected. 
 
 'OS iMiMnber.s on Cliuirrnen's Panel to appoint Chairman 
 to Select (Jonirnittees, 
 
 59. Select Conunittec to he reported to the House. 
 
 GO. And its members sworn. 
 
 Gl. Meinliers of snid rornmlftcc not pro-^ent. within one 
 lioiir after the meeting of the House, to bo taken into cus- 
 tody by the ■■* erjeatit at-Arms. 
 
 02. If any such meaibt-r be not present within three 
 hours of the meetiog of the House, the proceedings on iho 
 Petition to be adjourned. 
 
 G3. It all the inend)ers do not attend after adjournment, 
 that Committee to be discharged. 
 
 G t. Petitions and Lists to be referred to Select Com- 
 mittee, and time and place of its meeting to bo appointed 
 by the House. 
 
 Go. If new Chairman required, may be elected by Select 
 Conunitteo 
 
 06 to 91. These remaining chiuses regulate the Select 
 Committees' proceedings, provide for the payment of 
 costs, Sec. with otlujr provisions exactly similar to those 
 contained in the act 9 Geo. IV. ch. 22. 
 
 VII. 
 
 For7n of Petition qfjjcrsons claiming to have had a right to 
 vote at an Election, to he admitted jmrtics in the room 
 of a Member having given notice of his intention not to 
 defend his seat. 
 
 To the Honourable the Commons of the United 
 Kingdom of Great Britain and Ireland, in Par- 
 liament assembled : 
 
 The humble petition of A. B., C. D., E. F., J. K. 
 
 Sheweth, 
 
 ^That your petitioners arc, and at the last election of 
 
 (Knights, Citizens, or Burgesses,) for the of , 
 
 were (freeholders, burgesses, or freemen, &c.) of the said 
 
 ApponiJix Vn. 
 
Appendix VII. 
 
 I 
 
 X KLECTION PETITION. 
 
 , anJ claim to have had a right to vole at the said 
 
 election, wherein L. M. Esq. was elected and returned 
 to serve in Parliament as one of the for the said . 
 
 That your petitioners are informed, that a petition 
 signed by N. O. Esq., therein desciibing himself a3 a 
 candidate at the late election, arid another petition signed 
 by the Hon. P. Q., R. S. and T U., Esqs. and V. W. 
 
 and X. Y., gentlemen, therein describing ihem.selvcs 
 
 of the said , have been presented to this Honourable 
 
 House, complaining-, among oiher things, of the said 
 election and return of the taid L. M. 
 
 That your petitioners have observed by a notice inserted 
 
 in the London Gazette on the day of last, by 
 
 order of the Right Honourable C. M. S. Speaker of this 
 Honorable House, that after the presenting the said peti- 
 tions, the said J^. M. then being one of the sitting members 
 
 for the said County, did on the day of under 
 
 and by virtue of the provisions of an act of Parliament 
 passed in the twenty-eighth year of the reign of His late 
 Majesty King George the Third, intituled " An Act for 
 " the further regulation of the trials of controverted elec- 
 *' tions or returns of members to serve in Parliament," 
 inform this Honourable House, by a declaration in writing 
 subscribed by the said L. M. and delivered in at the table 
 of this Honorable House, that it was not his intention to 
 defend the said election or return. 
 
 Your petitioners, therefore, humbly pray, that under 
 and by virtue of the provisions of the said act of Parlia- 
 ment, they may be admitted as parties in the room of the 
 said L. M. and be considered as such to all intents and 
 purposes whatsoever. 
 
 And your petitioners, &c. 
 
 vin. 
 
 Appendix VIII. Form of Recognizmccjor payment of Costs, Sfc. as given 
 
 ^1/ the Imperial Act 53 Geo. HI. c7i. 71, and consolidated 
 
 Art 9 Geo IV. ch. 22. 
 
 Be it remembered, that on the day of in the 
 
 year of our Lord before me, A. B. (Speaker of the 
 
 House of Commons) or (one of Her Majesty's Justices of 
 
 the Peace for the County of ,) came C. D., E. F. and 
 
 J. G , (H. K., and L. M.), and severally acknowledged 
 
 i 
 
FORM OF ELECTION RECOGMZANLi: 
 
 XI 
 
 UiCMiiaclves to owe to our Sovereign Lady the Queen, tlio Ai'P'udix viii. 
 
 following sums ; that is to say, the said C. D., the sum of 
 
 one thousand pounds, and (the said E. F., and the said J. 
 
 (t., the sum ot'five hundred pounds each,) [or in case there 
 
 should be four sureties, the said E. F,, J. G., H. K. and 
 
 L. M,, the sums of two hundred fifty pounds each,] to bo 
 
 levied on their respective goods and chattels, lands and 
 
 tenements, to the use of our said Sovereign Lady the 
 
 Queen, Her heirs and successors, in case the said C. J^. 
 
 shall fail in perfprming the condition hereunto annexed. 
 
 The condition of this recognizance is, that if the said 
 C. D. shall well and truly pay all costs and expenses, 
 and fees, which shall be duo and payable from the said 
 C. D., to any witness who shall be summoned to give evi- 
 dence in his behalf, or to any clerk or ofKcer of the House of 
 Commons, upon the trial of the petition signed by the said 
 C. D. (complaining of an undue election or return for the 
 [here state the count}/, city, horongJi, or district of burghs ;\ 
 or (complaining that no return has been made for the said 
 
 within the time limited by Act of Parliament) ; or 
 
 (complaining that the return made for the said is not a 
 
 return for a member or members according to the requisi- 
 lion of the wiit); and if the said C. U. shall also well »nd 
 truly pay the costs and expenses of the party who shall 
 appear before the House in opposition to the said peti- 
 tion, in case the said C D. shall fail to appear before the 
 House at such time or times as shall be fixed by the House 
 for taking such petition into consideration ; or in case 
 the said C. D. shall withdraw his said petition by the per- 
 mission of the House ; or in case the Select Committee 
 appointed by the House to try the matter of the said peti • 
 tion, shall report to the House that the said petition appears 
 to ihcm to be frivolous or vexatious, then this recogni- 
 zance to be void, otherwise to be of full force and effect. 
 
 : 
 
 IX. 
 
 Form of Recognizance required to be entered into by Pc- Air-iuiiNix. 
 
 titioners against a return, by Provincial Act, 1 Geo. 1 V. 
 
 rJi. 4. 
 
 Be it remembered, That on the day of in the 
 
 year of our Lord , before me, A. B. (Speaker of the 
 
 House of Assembly) came C. D., E. F., and J. G., and 
 
 severally acknowledged themselves to owe to our Sove- 
 reign Lady the Queen, the following sums, that is to say : — 
 
 2 V 
 
Xll 
 
 ron:\is of oaths. 
 
 Apprn.iix IX. Thc said C. D. tlio sum of one hundred pounds, and the 
 ' said E. F. and the said .1. G. the sum of fifty pounds each, 
 
 to bo levied on their respective goods and cliattcls, lands 
 and teneiTients, to i\\e use of our said Sovereign Lady thc 
 Queen, Her heirs and successors, in case the said C. D. 
 shall fail in performing tlie condition hereunto annexed. 
 
 Tnr: coxDfTiON' of this Uocognizance is. that if the said 
 C. D. shall duly appear before "the House of Ass'.nibiy at 
 such time or times as shall be fixed by the said llcuse for 
 taking into consideration tlie petition signed by tiie said 
 C. I)., complaining of an undue election or return of a 
 member to represent the county, city, borough or riding, 
 {ast the case may he) in thc House of Assembly of tiiis 
 Province, or complaining that no return has been made 
 for the said county, city, borough or riding within tiio 
 time limited by law, or that tho rerurn made for ibf^ said 
 county, city, borough or riding is not a return of a Mem- 
 ber or Members acco^'dinf^ to the ron'iisilinn of the writ, 
 and sliall appear before any Select Committee wlncli 
 shall bo appointed by the House of Asseinbly for tho 
 trial of thc sane, and shall renew his said petition iii evei-y 
 subsequent session of this present Parliament, until a 
 Select Committee shall have been appointed by the said 
 House, for tlie trial of the same, or until the .•^aine shall 
 have been withdrawn by the permission of the said 
 House, then this Recognizance to bo void, otherwise to 
 be of full force and effect. 
 
 X. 
 
 Appendix X. Forjn of tlic OatJi required to he taken hy the Commis- 
 sioners for examining Witnesses on Contested Elections, 
 under thc Provincial Ad; 8 Geo. IV. ch. 6. 
 
 I, A. B. do swear that I will, without favour, affection, 
 or malice, and according to the best of my skill and kiwnv- 
 ledge, well and truly perform the dui\ < {'a Coir'missiur.er 
 appointed to hear and examine th(3 uvider^ce wlii(!l) shall 
 be brought before me, by virtue of a referef! a under 
 the hand and seal of the ^^pcaker of the House rf Asseui- 
 bly, upon a petition, [here mention the n-imi's of the X'eti- 
 tioncrs, or some offhein) according to the tules, regulations 
 and directions, contained in an Act passed in the ej^_ nih 
 year of tlic reign of King George tlic Fourth, entilJed, 
 
 |! 
 
rou',13 or OAi'ifs. 
 
 xia 
 
 "An Act to conilnuo auj amend tlio luw now in tbrco iur Ai.pr,Ki,x.K 
 " the trial of CoatrovutLod Klect 
 
 lUtld. 
 
 XI. 
 
 Form of Oath rcqicircdfrom. the Clerh of the aluce Com- Appmdixxr. 
 
 mission. 
 I, A. n. do swear, tliat I will, wiiliout favour, afTectioti, 
 01- malic J, and according to the best of my skill and know- 
 led^tS wcil and truly j.erforni the duty of Clerk in d)e 
 Conmiissioaerb appointed to hear and examine the evi- 
 dence which shall he brought before them, by virtue of ' 
 a refe.ence under the liand and seal of the Speaker of the 
 House of Assembly, upon a petition, {here tnentian the 
 names of the Petitioner a, or some of them,) according to 
 the rules, regulations and directions, contained in an Act 
 passed in the eiijhth year of the reign of King (ieorge the 
 Fourth, entitled, " An Act to continue and amend the law 
 " now in force for the trial of Controverted Elections." 
 
 XII. 
 
 Oatli to he administered to Election Committees^ under '^i>i'«"'ii»;>^ii- 
 9 Geo. IV eh. 22, sec. 30, and the Promncial Act, 4 Geo. 
 IV.eh.^. 
 
 You shall well and truly try the matter of the petition 
 referred to you, and true judgment give according to the 
 evidence. — So help you God. 
 
 Oath administered to the short hand writer* hy the Chair- 
 
 * By the Stauiliug Orders of tlie IIuiuc of Cc>imiioi:.«, tlic iollowiu^' I'tts ujy 
 
 be demanded by all Short-hand Wiittrr-i employed by Election Comuiillcea ; — 
 
 lu all eases where any Select Ccnimittee appointed for the 
 
 liiiU of u Coiitroverttd Illuctioii or Kt-ttirii, or of any 
 
 other lualtcrH rclutinar tliertlo, bliall be attended by a 
 
 per;0U skilled in the art of i\ ritin? shoit-Liiud, ho bliuU 
 
 bo paid for his attendance, each day , ».. 
 
 For the transoript of the proceedings ior lh<! uac. ol" the said 
 Committee, per sheet (couiiiniug sovcuty-iw o worda) . . 
 yote: Titesttid expenses to l>e paid by llic parties, lo the Clerk appoiuted to 
 attend the Select Committees on EletMions, who is to pay the ^uuk to the 
 portions employed.— C\ J. Ath Ji>ril, 1803. 
 
 Whoii the short-hanti writer, or \us SMfliciont deputy, attends 
 when called upon, to take uiiuutes of evidence at the Bar 
 of the House, or in Committee of the whole, he is to bo 
 )iu»d per day. and per *Ace( (if the transcript be in- 
 quired), ai> in the case of Election Cooimittccy. 
 
 JVctc .• When the- Chairman of a Committee to whom o Petition cr Private Bill 
 shall be referred, shall require !.ucl» attendance, the cxpcn^** imist be de- 
 frayed Uy tli« parties pruiootiui; i^'id oppo&iog the mmn, iu 6UQh prouortions 
 as the Chuirniaa shall direct 47. J. Idth, Slay, 1SJ3. 
 
 2 3 
 1 
 
 
 
XIV 
 
 SPEAKER'S VVAKKAM'. 
 
 Appendix xir. mail of the CommiUccy as prescribed ly the 9 Geo. IV. 
 ch. 22, sec. 38. 
 
 You shall faithfully and truly take down in short-hand 
 the evidence adduced before this Committee, and, from 
 day to day, as occasion may require, transcribe, or cause 
 the same to be transcribed, in words at length, for the use 
 of the Committee. — So help you God. 
 
 XIII. 
 
 
 Appendix x'lii. The Speaker'' s Warrant for the production of Papers, 
 
 and Attendance of Witnesses. 
 
 Whereas, by an order of the House of Commons, the 
 
 the matter of the petition of , complaining of an undue 
 
 election and return for , is appointed to be taken into 
 
 consideration by the House upon day of at — 
 
 of the clock in the afternoon : These are, therefore, to 
 require you, and each and every of you to bring in your 
 custody, {description of the papers, books, Sfc required;) 
 and with them to be and appear at the bar of the House of 
 
 Commons upon the said day of , at — of the 
 
 clock in the afternoon, to receive and obey such further 
 order as the said House shall make concerning the said 
 petition, as you will answer to the contrary at your peril. 
 
 Given under my hand this day of , 
 
 C. M. S., Speaker, 
 
 XIV. 
 
 Apppiuiiv XIV, Writ of Summons to a Peer. 
 
 Victoria, by the grace of God, of the United Kingdom, 
 of Great Britain and Ireland, Queen, Defender of the 
 Faith, and so forth, to Her most noble Cousin, Hugh, 
 Duko of Northumberland, &c. Greeting. 
 
 Inasmuch as, by the advice and consent of our Privy 
 Council, We have ordained our Parliament to be held at 
 
 our city of Westminster, on the day of next 
 
 ensuing, by reason of some arduous and urgent afTairsi, 
 concerning us, the state, and defence of our Kingdom of 
 Great Britain and Church of England, to have conference 
 and treaty with you, and the prelates, bishops and peers 
 of our said Kingdom : We firmly enjoin you, upon the 
 faith and allegiance in which you are bound to us, that, 
 taking into consideration the weightiness of the said affairs, 
 
1 '■•. 
 
 WRITS OF SUMMONS. 
 
 XV 
 
 and the imminent danfjcr?, laylnfr aside all excuse, you be Ajipemiix xiv. 
 
 personally present, on llic said day and place, with us and 
 
 the prelates, bishops, and peers aforesaid, to treat and 
 
 give your advice on the said affairs; and tliis you are in 
 
 nowise to omit, as you love ns, our honour and safety, and 
 
 the defence of the aforesaid kingdom and church, and the 
 
 dispatcli of the afoi'tssaid aifairs. 
 
 Witness Ourself at Westminster, the day of 
 
 in the — year of our reign. 
 
 XV. 
 
 Writ to a Sheriff on a General Election. 
 
 Victoria, by the grace of God, of the Uiilled Kingdom 
 of Great Britain and Ireland, Queen, Defender of the Faith, 
 and so forth, To the SherllT of the County of [Oxford], 
 (i reeling. 
 
 Whereas, by the advice and consent of our Council, for 
 certain arduous and urgent affairs concerning Us, the state 
 and defence of our said United Kingdom, and the Church, 
 \vc have ordered a certain parliament to be holden at our 
 city of Westminster, on the day of next ensu- 
 ing, and there to treat and have conference with the pre- 
 lates, great men, and peers of our realm : We command 
 and strictly enjoin you, that (proclamation being made of the 
 day and place aforesaid, In your next county court to be 
 holden after the receipt of this our writ) two knights of the 
 most fit and discreet of the said county, girt with swords, 
 [and of the University of Oxford two burgesses] and of 
 every city of that county two citizens, and of every 
 borough in the same county two burgesses, of the most 
 sufficient and discreet, freely and indifferently by those 
 who at such proclamation shall be present, according to 
 the form of the Statute in that case made and provided, 
 you cause to be elected ; and the names of those knights, 
 citizens and burgesses so to be elected (whether they be 
 present or absent,) you cause to be inserted in certain 
 indentures to be thereupon made between you and those 
 who shall be present at such election, and them, at the 
 day and place aforesaid, you cause to come in such man- 
 ner that die said knights, for themselves and the common> 
 alty of the same county, and the said citizens and burgesses 
 for themselves and the commonalty of the said universities, 
 cities, and boroughs, respectively, may have from them 
 
 Ai'iicr.clix XV, 
 
 1 ' 
 
 wik0* 
 
n 
 
 I -i 
 
 Xvi 
 
 FORM OP WRIT. 
 
 Appendix xv. full and sufficient power to do and consent to those things 
 which then and there by the common council of our said 
 kingdom (by the blessing of God) shall happen to he 
 ordained upon the ufbresuiiJ affairs, so that, for want of such 
 power, or througli any improvident election of the said 
 knights, citizens or hurgoases, the aforesiid affairs nifty in 
 no wise remain unfinished ; willing, neverllu'le.ss, ihat 
 neither you nor any other sheriff of tliis our said kingdom 
 be in atiywise elected, and tlia^. the election in your full 
 county so made, distinctly and oj>enly, under your "^cal 
 and the seals of those wjjo shall be present at surli i lec- 
 tion, you do certify to us in our Chancery, lU the day and 
 place albrosaid, without delay, remittiii;^ to us one part of 
 the aftresaid irdentures annexed to these presents, toge- 
 ther with this writ.* 
 
 Witness Ourself, at Westminster, the day of 
 
 in the year of our reign. 
 
 1. The clay when this writ is received is to he indorsed, niid n receipt jfivcu to 
 the person Ueliveriug it, at tlio tiuic of delivery, cxpressiii-j tlie day and hour of 
 receiving it. 
 
 2. When returned, it is to be indorsed thus — "Tlie exemtioii of this writ 
 nppoars in cciiain schedules hereunto annexed. — A. H. Siicriff." 
 
 3. The writs to the sherill's are all in the same form, except tliat in 'he above 
 for Oxfordshire, and tiiat for Cambridg^eshire, there is a clause for the clectiou of 
 Members for the respective Universities. 
 
 J I _ . . - - " ■ 
 
 * Every writ of suiumons formerly contained the fjilovving clnuse, known by 
 the name of the "Aoiumiw clause;" — "Xoluniii^autciu quod tu aut alinuis alius 
 *' Viceoomes regni nostri, aut apprcntius, aut aliipiis nlais haiiio ad lc{;cm idi- 
 ♦' qualitcr sit clectus." The lustory of this clause is given by l.iuL'ard (Hist, of 
 England, 4th vol. p. 170), from which it appears to have originated in the follow- 
 ing manner. Parliament, as the supreme court for the redress of all g-ricvauces, 
 ss well of the state as of individuals, was then (as now; in the habit of receiving 
 petitions from all persons who complained of any kind of oppression. The num- 
 bqr of petitions had increased during the reign of £d\v. III. to an enormous 
 nmouut, when, in the year 137*2, a singular species of fraud was discovered. 
 Attorneys and barristers, practising in the courts of law, procnicd themselves to 
 be returned knights of the &hire, and took advantage of the opportunity to intro-o 
 duce the eases of their clients among the petitions which were presented to the 
 king in the name of the lower house. To correct this abu»e, it was enacted, that 
 no practising lawyer should for tlio future be chosen knight of the shire, and that, 
 if any such lawyer had been returned for that parliament, he should forfeit his 
 whges, Aceordingly, this new clause was first introduced in the writs of the 
 4TKdw. III., and wns then oiuilted in these sent to the Ciu<}u« I'orts ; in the 4i> 
 Etivv. ill. it is to bo found iu all w rits, except in that for Bristol ; in the 50 E(h\'. 
 III., iu all without o&ceptiou i omitted aguiu iu the vrit for B{-fclul, I Ai«,i)> ii» i 
 
llOldE ATTEN'OIN'G COIIONATJO.V. 
 XVI. 
 
 XVll 
 
 Form oh served 1))/ TIou^c of Coinmn^n in offend ini^ the Ap,.on.i,xXvr. 
 Coronation of Her Majcsti/ Queen Victoria. " — 
 
 (Comuioiis' Jcurnald, i?S June, 1S3S,) 
 
 Tlin Iloufii^ !:"ivl'!g nu't, 
 
 -A' ' til'" tiiiio being atiived for liio House to proceed to 
 bo presc it af the soloi.iiiUy of Her Majesty'.* Coinuation, 
 Mr. riperin.; r tlcsiicd tlie iiiombers to take their phici.-s and 
 to rfjinaiii therein, iintd lijo names of their rcsjX'ciive 
 conulQ. should l)o drawn, and then to go forth and pro- 
 ce?'\ fjwirls I'lo Abbey; whereupon the members took 
 their places accordingly : —Then tho Clerk drew from 
 a yla3:> rhe na:no of one of the counties, and the members 
 serving for that county, and for all tiie places within the 
 same, rose from their places and went forth. Then the 
 Clerk drew the name of another county, and tho members 
 went forth in the same manner ; and tbe names of all the 
 counties having beet, drawn, and all the members having 
 gone f.rth, Mr. Speaker adjourned tho House till to-mor- 
 row, an(J left the Chair. 
 
 And the House accordingly adjourned at half an hour 
 after nine of the clock in the morning. 
 
 Mr. Speaker and the House then went in procession to 
 
 Westminst-r Abbey, to a gallery directly over the altar, 
 which had been provided for their accommodation, in the 
 following orJcr, viz : — 
 
 Some of the Serjeant's Messengers went first, 
 
 Then the Under Clerks. 
 
 Then the D-^pufy Serjeant-at-arms. 
 
 Tlien the Members, two and two, according to the 
 counties, as they were diav/n. 
 
 after wiiicli year it was rejilaceJ, ond tlic writs all coiiiimicd uniform tiU tlie 12tli 
 year of tliut reign, when thoy imJorweiit sonic aMcr:u;oi), niid ;i!!Ve continued 
 in the furin so altered until mo Jem tiinus, wlinn tlmt j);irt of it >vl ,cl) relates to 
 Ittwytni--, li,.vin^ always been a dead U'ttcrj wis iit length oreitiod ; still luaviusr, 
 however, the prohibition upon the return of dhona's to Porlianier.t, But occ, as 
 to Sheriff;!, r/Ue p. C3. 
 
 t Two at.c.npt.s were made ia the reipn of Charles 1. to cxcUkIc Iuwv.ts fronj 
 the ilou-.i ot Coiunioas, under the luitliority of this . lansp, hut l.otli i-rovcd un- 
 successful. One w,»s made hy theormy duting the triiil of that ill fated kin- (sru 
 far!:«S: V u/.p.'sac .^' ""^ ^^'^ ''"'*•■' ^^ 'l'«i^O"i>' I'url.umcut ,n 16i5 ',,cc 
 
 
xvm 
 
 MOTIONS RELATI.N'O TO BILL3. 
 
 
 h 
 
 h .1 
 
 Appendix XVI. Mr. Speaker's Secretary. 
 The Chaplain. 
 The Clerk of the House. 
 
 The Serjeant, carrying the Mace, as usual, before Mr. 
 Speaker. 
 
 Mr. Speaker alone. 
 The Clerks Assistant. 
 
 Mr Speaker sat in the centre of the gallery, in a chair 
 prepared for him, with the Mace on a cushion before him, 
 the Clerk on his right hand, and the Serjeant-at-arms 
 on his left, and the Clerks Assistant, Deputy Serjeant, 
 Chaplain, and Secretary, in a seat immediately behind his 
 chair. 
 
 Note : — The Serjeant's Mcsj<;ngor3 and Doorkeepers 
 of this House were placed at the doors of the gal- 
 lery in the Abbey, with orders that none but mem- 
 bers should be let into the same ; and the better to 
 keep off the crowd, a platform and covered way 
 were erected, from the Members' waiting room, 
 across Saint Margaret's street, at the door of the 
 Abbey in Poet's Corner, and several of the police 
 were placed along the passages*. 
 
 xvn. 
 
 PUBLIC BILLS. 
 
 Appendix XVII. MOTIONS TO BE MADE DURING THE VARIOUS STAGES OF A BILL. 
 
 — Notice. 
 
 ^Ir. ., gives notice that he will on [tomorrow] 
 
 move for leave to bring iii a bill to [alter the mode of 
 holding County Elections]. 
 
 Motion for leave to bring in a Bill. 
 
 Mr. seconded by Mr. ■ moves for leave 
 
 to bring in a Bill to (alter the mode of holding County 
 Elections.) 
 
 The motions for its first reading, second reading, and 
 committal, being questions of course, are made by the 
 Speaker without a formal motion put, when the time 
 appointed for the same has arrived. But if a member 
 be desirous of bringing up a Bill out of its turn, the follow- 
 ing motion is required : * 
 
 * This plan is similar (though wiih a few alterations) to that .adopted liy the 
 House on the occasion of the Corooation of Queen Anne, and entered on the 
 .Tournnl honk of the 23d April, 1702. 
 
NOTICES ON nilVATL BILLS. 
 
 XIX 
 
 Motion for calling up a Bill out of its turn. Ai)pcndix xvu 
 
 Mr. seconded by Mr. moves, tliat the Order 
 
 of the Day for the second rcadlncf of the Bill to (alter the 
 mode of holding County Elections) be now read. 
 
 On a question for receiving the report of a Bill from 
 Committee, a member may move that it be received " this 
 " day 8ix months," or that " it be re-committed." 
 
 Motion for amending a Bill on the question for its third 
 
 read 1)1 u. 
 
 Mr. " ■ seconded by Mr. moves, lliat the Bill Lo 
 
 not now read a third time, but that it be re-committcd 
 
 forth wilh (or, on next,) for the purpose of amending 
 
 the same (by expunging ilic clause, — or, by adding 
 
 the following : {or otherwise, as the casemaij be.) 
 
 Motion for throwing out a Bill. 
 
 On the question for the second or third reading, recom- 
 mittal, or passing. 
 
 Mr, seconded by Mr. — — moves in amendment, 
 
 that the Bill be not read a second, (or third time, or com* 
 mitted, — or do not now pass — as the case may he) — but 
 that it (be read, &c. — as the case may be) this day three 
 months. 
 
 TITLE. 
 
 After th c 2^assing of th c Bill. 
 
 Mr. seconded by Mr. moves, that the bill bo 
 
 entitled " An Act to alter the mode of holding County 
 " Elections, and to repeal the laws now in force for that 
 "purpose" — (or as the case may be.) 
 
 XVIIl. 
 
 Example of the Forms required in a Private Bill, in ^/ic Aiipciidi^xviii. 
 Notice, Petition, and Allegations that must be 2^roved 
 before the Committee — (in the case of a Road Bill). 
 
 Notice is hereby given, that application is intended to 
 be made to Parliament in the next session, for an Act for 
 making, and maintaining a turnpike road, to commence at 
 
 or near to a certain place called in the parish of , 
 
 and to pass from thence over , in the parish of 
 
 aforesaid, through to in the parish of , and 
 
 8 w 
 
XX 
 
 FORMS ON PRIVATE BILLS. 
 
 
 '^ppenJi^xviii. from ihenco tlirougli or near the town or village of 
 
 to , and to terminate at, or near to a certain place call- 
 ed , in the town of ; all in the County of . 
 
 A. B. Solicitor for the Bill. 
 
 Form of Petition. 
 
 To the Honourable the Commons of the United 
 Kinpfdom of Great Britain and Ireland, in 
 Parliament assembled. 
 The humble petition of the several persons whose names 
 
 are hereunto subscribed, being inhabitants of 
 
 in the parish of , in the county of 
 
 Sheweth, 
 
 That the making and maintaining of a turnpike road, 
 to commence at {insert from the notice,) would be of groat 
 
 benefit and advantage to the inhabitants of , and llit; 
 
 adjacent country, and also to the public at large ; but the 
 same cannot be carried into execution without the aid and 
 authority of Parliament. 
 
 Your petitioners, therefore, humbly pray that leave 
 may be given to bring in a bill for effecting the purpose 
 aforesaid, in such manner, by such ways and means, and 
 under such regulations and restrictions, as to this Honoura- 
 ble House shall seem meet. 
 
 And your petitioners shall ever pray. 
 
 [Signatures.] 
 
 Form of statement of Proofs before Committee on Petition. 
 
 1. Produces newspapers entitled — — of [such a 
 
 date.] 
 Produces and proves copy of notice, which he affixed 
 to the door of the Sessions House, at , on the 
 
 ') 
 
 «« t 
 
 -, at the Michaelmas Quarter Sessions. 
 
 3. Proves that he applied to the owners and occupiers 
 
 of property to be taken, and that the statements 
 set against their names, as entered in the list de- 
 posited in the Private Bill Office, is correct. 
 
 4. Proves the estimate : he made it. 
 
 5. Proves that the list of the names of the subscribers, 
 
 and of the sums set against their names, is correct. 
 
 6. Proves depositing in the Private Bill Office, plan, 
 
 section, and book of reference, list of owners and 
 occupiers, estimate of expense, and subscription 
 list. 
 
 7. Proves allegations of petition. 
 
PK.TmON It Hi A DIVORCl.. 
 
 .NX I 
 
 XIX. 
 
 Petition for a Divorce Bill. 
 
 To ilie lliglit Honorable llio Lords Spiritual and Tein- Aj...... hx xix. 
 
 poral, in Parliament assemf)lcd. 
 
 riio humble petition of A. ]}. of , Es'j. 
 
 .Shcweth, 
 
 Tliat on the day of , your Loi-dshijis' poti- 
 
 1 inner was married to C, I), his now wile, (then of ,) 
 
 spinster. 
 
 That your Lordships* jictltloncr, and the said C. 1). 
 lived ijnd cohabited tog-ether as man nnd wife, iVom the 
 time ol their said mirriago, until sometluic in the month 
 
 iif , and had issue during that period, — cljildren 
 
 (viz, — sons and — daughteis), all (or — ) of whom arc 
 now living, (or, ** but there has been no lawful issue of the 
 " said marriage.") 
 
 That in the montli of — in the present year, your 
 Lordships' petitioner discovered that liis wite, the said C. 
 J)., had entered into, and carried on an unlawful famili- 
 arity and criminal intercourse with E. F., Esq., common- 
 ly called the Honorable E. F., of , in the county of 
 
 ". 
 
 That your Lordships* petitioner did, in Easter terra, 
 bring an action of trespass in Her Majesty's Court of 
 Queen's Bench, at Westminster, against t!ie said E. F., 
 Esq. &c. in order to recover damages for such criminal 
 conversation with his said wife ; and obtainedjudgment in 
 the said action for c€ damages, besides costs. 
 
 That on the — day of — your Lordships' petitioner 
 instituted a suit in the Consistory Court of the Ivight 
 
 Reverend the Lord Bishop , against the said C. 1). 
 
 his wife, and obtained against her in the said Court a de- 
 finitive sentence of divorce from bed and board and mu- 
 tual cohabitation, for adultery committed with the said 
 E. F. 
 
 That the said C. D. hath, by her criminal and adulter- 
 ous behaviour, aS aforesaid, dissolved on her part the bond 
 of marriage; and your Lordships* petitioner is thereby 
 deprived of the comforts of matrimony, and may be liable 
 to have a spurious issue imposed upon him, unless the 
 said mart"Iage be declared void, and annulled by the 
 authority of Parliament. 
 
 Your petitioner, therefore, most liumbly prays your 
 Jiordships, that leave may be given to bring in a bill to 
 
X.Xll 
 
 PETITION TO DISPENSn WITH ATTCND.WCE. 
 
 Appenaix XIX. dlssolvc liis marriage with tlio said C. D. and to enable 
 h'ltn to marry again, and that he may have such other re- 
 lief in the premises as this Right Honorable House shall 
 think proper. 
 
 And your pctioner, &c. 
 
 XX. 
 
 tVi>i>eiidix XX. Petiflon to dispense tcith the attendance of a Person suing 
 for a Divorce, and with the service of Order and Bill. 
 
 To the Right Honorable the Lords Spiritual and 
 Temporal, in Parliament assembled. 
 
 The humble petition of E. F., of , the attorney (or 
 
 agent) of A. B. of ■, (in the East Indies or else- 
 where,) Esq. 
 
 Shevveth, 
 
 That on the day of instant, your Lordships' 
 
 petitioner did, on the behalf of the said A. B., present u 
 petition to this Right Honorable House, praying your 
 Lordships that leave might be given to bring in a bill to 
 dissolve the marriage of the said A. B. with C. D. 
 
 That the second reading of the said bill is appointed for 
 the — day of . 
 
 That your Lordships by your order of the — day of 
 -, have been pleased to require that the said A. B. 
 
 should attend this Right Honorable House, on the said 
 — day of — , for the purpose of being examined touching 
 the said bill. 
 
 That the said A. B, is at present residing at in the 
 
 East Indies, (or elsewhere,) and from the circumstance of 
 his absence from England is unable to attend this Right 
 Honourable House on the matter of the said petition and 
 bill. 
 
 [It also may be necessary to petition their Lordships to 
 dispense with a personal service of an order and copy of 
 the bill, oti the party against ivhom the divorce is sued for. 
 After reciting the order, proceed ;J 
 
 That your petitioner hath made every diligent search 
 and enquiry after the said C. D. without effect, and that 
 he is credibly informed and believes, that she is now re- 
 sing in , or in some parts beyond the seas, so that 
 
 personal notice cannot be served upon her, agreeably to 
 the said order of this Right Honourable House. 
 
JIDr.r.-i' RKPORT. 
 
 x\m 
 
 Your petUloucr, tliorofurc, humbly prays, iliat tiio ser- 
 vice of tlio said order, atid also an attested co[)y of tlio said 
 bill, sif^ncd by the Clerk of this llight HoDourablo House, 
 upon G. II. triisteo of the said C. [)., may be doomed as 
 good, sufKcient, and ed'cctual notice to tliO said C. D. of 
 the order of your Lordships', and of the time of the 
 second reading of the said bill, as if she hud been per- 
 sonally served with the said order and Llll. 
 And your petitioner, Sec. 
 
 .\[H>tintl\x XX, 
 
 XXI. 
 
 Form of Judges^ Rejiort on a Private Pttifiofi. 
 
 To the Right Honourable tlie Loids Spiriluul and 
 Temporal in Parliament assembled : 
 
 In pursuance of Your Lordship's order of refurejjce of 
 
 the day of last, hereunto annexed, we have 
 
 considered the petition of A. B. & C D. in the said order 
 mentioned, and hereunto also annexed-; and wo find that 
 under and by virtue of certain indentures, [quote the 
 petition). 
 
 And we further find {quote the petition). 
 
 And it was proved before us [quote the petition). 
 
 And it was also proved before us, that the said petition 
 hath been signed by the said petitioners, tlie said A. IB. 
 & C. D., who we conceive are all the parties beneficially 
 interested in the consequences of the Bill. 
 
 And we have perused and signed the Bill hereunto 
 annexed, which we conceive to be proper for effectuating 
 the purposes aforesaid ; and that it is reasonable that the 
 same should pass into a law, if your Lordships should so 
 please. 
 
 Given under our hands, this day of . 
 
 Form of Petition to receive Judges Report. 
 
 To, &c. 
 
 The humble Petition of 
 
 Sheweth, 
 
 That on the — day last, your petitioners presented 
 
 a petition to this Right Honorable House praying for leave 
 to bring in a bill to effect the purposes therein mentioned, 
 which petition your Lordships were pleased to refer for 
 
 their consideration, to Mr. Justice , and Mr. Justice 
 
 ■ ; and that the said Judges met on the — day of — — 
 
 Ai'i^rncli-v A'XI. 
 
XXIV 
 
 MrMORlAT, TO TREASURY. 
 
 AppcnJaXXf. for the purpose of considering the said petition ; that tlicy 
 Signed their report ihercon, and also signed a bill for 
 cfTecling the purposes for which the said petition prays. 
 
 Your petitioner, the said , therefore humbly 
 
 prays, and the said petitioners therefore liumbly pray 
 your Lordships, that the report of the said judges may 
 be now received. 
 
 And your petitioner shall ever pray. 
 
 AppcudixXXH. 
 
 AppniulixXXIir, 
 
 XXII. 
 
 Form rf Manorial to tJte Treasury, when the King is i/t- 
 
 tercsted in any hill pendinrr. 
 
 To the Right Honourable the Lords Commissioners oi 
 His Majesty's Treasury. 
 
 The humble memorial of A. 13,, agent for the bill herein 
 after named ; 
 
 Shewelh, 
 
 That a bill is depending in the Honorable the House of 
 Commons for {insert title of hill,) in which il appears His 
 Mnjesty's interest is concerned. 
 
 Your memorialist, therefore, humbly prays your 
 Lordships, that intercession may bo made" to His 
 Majesty, for His consent to the said bill. 
 
 A. B. agent for the bill. 
 
 XXHT. 
 
 FORMS RELATIXr: TO SELKCT COMMITTEES. 
 
 Notice. 
 
 Mr. gives notice tliat he will, on (to-morrow) 
 
 move for the appointment of a (select, if to consist of less 
 than six memhcrs,) Committee (by ballot, if to eonsist of 
 more than five memhcrs) to take into consideration {here 
 state the siihject) — with power to send for persons and pa- 
 pers and to report thereon (/>?/ hill or otherwise, ar, iho 
 case may be). 
 
 Motion for apjwintmcnl of Select Committee. 
 
 Mr. seconded by Mr. moves that »*. kielect 
 
 Committee (or a Committee of Privilege, as the rnsc innii 
 he,) be appointed, to take into consideration {Jierc state the 
 siihjccf), with power to send for pcr?oi!? and jiajier?. and 
 
I0K3IS UELATiNG TO dtLECT CUMMITTELS. 
 
 XXV 
 
 to report thereon (by bill or olhcrwiso — as thv case inai/ .^ppcudixXXliI. 
 /je), and that Messrs. ■ do compotio the said Com- — 
 
 mittee. 
 
 Motion for appointment of a Committee Inj ballot. 
 
 Mr. seconded by Mr. moves, that iliij House 
 
 do (on to-morrow) at of the clock, (A. M. or P. M., 
 
 as the case may be) proceed to ballot for a Committee of 
 of its members, to take into consideration, &c. 
 
 Afution for reforring a Petition or other document to a 
 
 Select Committee. 
 
 Mr. 
 
 tion of 
 
 — seconded by Mr. moves, that the pcii- 
 
 — (or other document — os the case may be) be 
 referred to (the committee on , or to) a Select Com- 
 mittee, consisting of Messrs. — ; witii power to send 
 
 for persons and papers, and to report tiicreon (by bill or 
 otherwise — as the case may be). 
 
 Motion for withdrawing a Petition or other docume?itfooiii 
 one Cojnmittee and reforring it to another. 
 
 Mr. seconded by Mr. moves, that the (Se- 
 lect) Committee to which was referred the petition of 
 
 (or other document, as the case may be) be discharged 
 from the further consideration thereof, and that the said 
 petition (or other document) be referred to &c. {as above). 
 
 Form of a Report of a Committee. 
 To the Honourable the Commons House of Assembly. 
 
 The (Select) Committee appointed to take into consider- 
 ation, &c. — — (or, to which was referred the petition of 
 
 , or other document.) 
 
 Beg leave to report : 
 
 {Here follows the body of the Rejwrt.) 
 
 All which is respectfully subraitttcd. 
 
 A. B. Chairman. 
 Committee Room, ^ 
 
 _ii, — ie~. s 
 
Xxvi 
 
 FORMS OF ADDRESSES. 
 
 Appendix XXIV. 
 
 XXIV. 
 
 FORMS OF ADDRESSES. 
 
 Notice. 
 Mr. — gives notice that, he will on (to-morrow) move that 
 it be Resolved, That an humble Address be presented to 
 Her Majesty (or, to His Excellency the Governor General, 
 or Lieutenant Governor {os the case may he) praying that 
 {insert the suhject matter of the Address.) 
 
 Motion for an Address. 
 
 Mr. — — seconded by Mr. moves, that it be Re- 
 solved, That an humble Address be presented to llcr 
 Majesty [or, to His Excellency the Governor General, or 
 Lieutenant Governor, or otherwise, as the case may he,) 
 praying [insert the subject matter of the Address); and that 
 Messrs. , and — — be a Committee to draft and re- 
 port the same. 
 
 Address ff Thanhs. 
 
 To His Excellency {name of Governor, with his title,:,) 
 &c. &c. &c. 
 May it please Your Excellency, 
 
 We, Her Majesty's dutiful and loyal subjects the Com- 
 mons of Upper Canada, in Provincial Parliament assem- 
 bled, beg leave to thank Your Excellency for your seve- 
 i*al Messages of yesterday {or as the case may be). 
 
 Speaker. 
 
 Commons House of Assembly, ) 
 __ day of 18—. / 
 
 Address to *he Queen. 
 
 To the Queen's Most Excellent Majesty. 
 Most Gracious Sovereign, 
 
 We, Your Majesty's dutiful and loyal subjects, the 
 Commons of Upper Canada, in Provincial Parliament 
 assembled, &c. &c. 
 
 Address to Governor to irajismit Address to the Queen. 
 
 To His Excellency [name of Governor, with his titles,) 
 &c. &c. &c. 
 May it please Your Excellency, 
 
 We, Her Majesty's dutiful and loyal subjects the Com- 
 mons of Upper Canada, in Provincial Parliament assem- 
 bled, bog leave to inform Your Excellency that wc have 
 agreed to an humble Address to the Queen on the subject 
 
OFFICERS' COMPEXSATION. 
 
 XXYll 
 
 which we respectfully pray Your Excellency will be Appendixxxiv, 
 
 jileased to transmit to Her Majesty's principal Secretary of 
 State for the Colonies, in order that the same may be laid 
 at the foot of the Throne. 
 
 XXV. 
 
 House of Cofumons' Officers^ Compensation. Appen dix xxv. 
 
 Resolutions of a Select Committee on the Salaries of 
 Oliicers of the House of Commons and the aboHtion of 
 Fees and Perquisites ; adopted by the House, on the 29th 
 June, 1836. 
 
 1. Resolved, That this House agree \vith the recom- 
 mendations of the Select Committee, " that the annual 
 "sura of c£911 be allowed to ]\Ir. ,Tohn Pratt, the Head 
 " Doorkeeper, during the lime he shall continue i.o pcr- 
 " form the duties of his olljce, in lieu of all Salary, Fees, 
 " Cralulties, and Emoluments whatsoever." 
 
 Resolved, That the annual sum of CS7 1 bo allow- 
 ed to Mr. Francis Williams, the Under Doorkeeper, du- 
 ring the lime he shall continue to perform the duties of 
 his office, in lieu of all Salary, Fees, Gratuities and Emo- 
 luments whatsoever. 
 
 Resolved, That the annual Salary of each of the Door- 
 keepers, after Mr. Pratt and Mr. Williams shall retire, be 
 €400, in lieu of all Fees, Gratuities and Emoluments 
 wlintsoever. 
 
 Resolved, That the annual sum of c£375 be allowed to 
 jNIr. William Bellamy, late Lower Doorkeeper, instead of 
 his Salary of ci'uOO a year, as Messenger, in conslcleratlon 
 of the amount of Gratuities received by him in his fljrmer 
 situation of Lower Doorkeeper. 
 
 Resolved, That the annual sum of CuS7 be allowed to 
 each of the Three Messengers, W. Gifibrd, C. Stein, anil 
 AV. Cook, during the time they shall each continue to per 
 form the duties of their office, in lieu of all Salary, Fees, 
 (iratuities, and Emoluments whatsoever. 
 
 Resolved, That W. Bevan, an extra Messenger, be al- 
 lowed the annual sum of .£112 12.v. until he come within 
 the recommendation of the Select Committee of 1835 — 
 " That after ten years' service, the Salary be increased to 
 "c£120ayear." 
 
 Resolved, That the annual sum of dC 1,900 be allowed 
 to Mr. Dorington, as Chief Clerk of the Public Bill and 
 
 3 X 
 
XXVllI 
 
 DURATION OP PARLIAMENTS. 
 
 Appen.iix XXV. Fee Office, in consideration of his performing the duties 
 recommended bv the Select Committee of 1835 ; and 
 that this sum be paid to him in lieu of the Salary and fer 
 rentage therein recommended ; and in lieu of all Salary, 
 Fees, and Emoluments whatsoever. 
 
 That the sum of c£4SS be allowed to Mr. G. B. Elli- 
 combe, as compensation for relinriuishing his situation (as 
 a Clerk) in IMr. Dorington's Oflico, being the average 
 amount of two years Salary and Emolument received by 
 him during the time he has been in that Oilice. 
 
 Resolution approving of new management in Fee and 
 Public Bill Ollice, and declaring that all Fees to be paid 
 after the commencement of fixed Salaries, shall be paid 
 to the Fee Fund for the public use. 
 
 Resolved, That the amiual sum of c£SOO bo allowed to 
 IMr. T. Dyson, for relin(juisliing his ollice of Clerk of 
 Elections in consei}Uonce ol' his long services. 
 
 Resolved, That all Officers of this House he prohibited, 
 tinder penalty of immediate dismissal, from receiving any 
 Emolument by Fee, Subscription, or otherwise, fbi* ad- 
 mission into the Gallery of this House; a id that the ad- 
 mission of strangers be regulated according to such direc- 
 tions as shall be given by Mr, Speaker, from time to time. 
 
 Resolved, That this House concur in the recommenda- 
 tion of the Select Committee, that Mr. Eastaff, a retired 
 Clerk from the Vote Office, after twenty-six years service, 
 be allowed c£J.OO a year during his lil'e ; and as the pay- 
 ment of that allowance has been suspended during the 
 two last years, the arrears for 1834 and 1835 be also 2)aid. 
 
 XXVI. 
 Appendix XXVI. DURATION OF ENGLISH PARLIAMENTS.* 
 
 From tlio iin])(>rrt!Ct nccomits tlui'' luivo lincMi licindcd down to us, no authentir 
 record ciiii be Couiid of llic preeiso d iratioii ofull the f)ld Urifflish ParliimifiUs ; 
 but llie foUowiiifr tabb; (/Voiii Edward I. to Henry VIII.) wdl tliow tlie number of 
 i'arliameiits that were held by the respective uionurchs, with the leiigtii of each 
 ileigu : 
 
 \iimber Length of 
 
 Edward I. (fr. ISOD) 
 
 Edwarc. II 
 
 Edward III 
 
 Ilicha d 11 
 
 Heiir/ IV 
 
 Hep.'y \' 
 
 Number 
 
 lionglh of 
 
 of 
 
 Ileigns : 
 
 Parits. 
 
 Years. 
 
 8 
 
 8 
 
 15 
 
 20 
 
 37 
 
 53 
 
 2C 
 
 2-^ 
 
 10 
 
 14 
 
 II 
 
 !» 
 
 Ilenrv VI. . 
 Ed^^ard IV. 
 lli'-hard III. 
 Henry VIII- 
 
 Total. 
 
 of 
 
 Pnrlts. 
 
 2'i 
 
 .") 
 
 1 
 
 8 
 
 1!! 
 
 Keigns: 
 
 Years. 
 
 39 
 
 2 
 24 
 
 213 
 
 * The reference to 'lie fciiiowiiig 'J'ablo was omitted, it should have LrcM refer- 
 vc'd lo in the note at I'.iue 'JO. 
 
Duration of parliaments. 
 
 XX1£ 
 
 From which it appnars, tint in tho two hundred and thirtern years preccdinjf inrendixXXVl 
 
 the reign of Henry VMI., tliere were one liiindred and forty three Tailiuuicnts ; ""^ 
 
 tbu« avera(,'ing about one in every year and a half. ~ 
 
 TABLE of tlie Dl RATION of PARLIAMFATS from the 1st of Henry VHU 
 when long Parliaments were first iutroJuccU, to t!io i.'nd of William IV.* 
 
 REIGN OF HEXRY Vlll. 
 
 MET 
 
 21 Jan. 
 
 4 Feb 
 
 5 Fel.. 
 15 Apr. 
 
 :{ Nov. 
 
 >• June !.>{(» 
 28 Apr. I5:J!) 
 l(.Jin. I.VU 
 tiJ Nov. l3io 
 
 \-A0 
 l.")ll 
 l.-)14 
 I.r23 
 
 DISSOLVKD. 
 
 
 
 Y. 
 
 M. 
 
 I). 
 
 •23 Feb. 
 
 1.510 
 
 
 
 1 
 
 I) 
 
 4 Mar. 
 
 1.513 
 
 o 
 
 1 
 
 
 
 •2-2 Dec. 
 
 i:,K) 
 
 1 
 
 10 
 
 J7 
 
 13 Au;:. 
 
 15-23 
 
 
 
 3 
 
 '20 
 
 4 Apri 
 
 ll.-)3(i 
 
 5 
 
 5 
 
 1 
 
 lo July 
 
 1530 
 
 
 
 1 
 
 10 
 
 '24 July 
 
 15-10 
 
 1 
 
 o 
 
 21) 
 
 •2!) .Mir. 
 
 1511 
 
 i> 
 
 .1 
 
 13 
 
 31 Jan. 
 
 1517 
 
 1 
 
 .> 
 
 d 
 
 EXISTKn 
 
 4 Nov. 
 1 Mar. 
 
 5 On. 
 
 '2 Ai) 1. 
 1-2 N..V. 
 •21 O.'t. 
 '20 J.iU. 
 
 1517 
 1553 
 
 EinVARD VI. 
 
 15Ap'l I.5,r2 
 31 .Mar. 1553 
 
 1.553 I 
 1554 j 
 1.551 I 
 1,5.55 I 
 1,5.57 1 
 
 MARV, 
 
 t) Dec. 
 
 5 .May 
 Hi Jan. 
 
 9 Dec. 
 17 Nov 
 
 1.5.53 
 1.551 
 1.5.55 
 1.5.55 
 15.57 
 
 ELIZAHETH. 
 
 ^3 
 
 II 
 
 .) 
 
 ^' 
 '23 
 
 ■20 
 
 1 
 
 10 
 
 '21 
 
 Jan. 
 
 Jan. 
 
 Ap-1. 
 
 .Mav 
 
 \.n. 
 
 Feb. 
 \.)V. 
 
 Oct. 
 Oct. 
 
 1.558 
 
 i.5(;-j 
 
 1571 
 1572 
 
 1 5^'5 
 1.5i(i 
 
 1.5.-:rf 
 150-2 
 1507 
 IGOl 
 
 155,-i 
 15(17 
 1.571 
 
 15r:0 
 1.5t() 
 
 1.5^7 
 1588 
 
 10 3Iar. IfiOn 
 
 5 Ap'l. Itil4 
 
 .30 Jan. U;-20 
 
 JDFeb. 1023 
 
 8 .May 
 2 Jan. 
 
 '20.\I:iv 
 \S Mai 
 11 .Se]). 
 •23 M.ir. 
 -20 M;ir. 
 10 Ap'l. 1.503 
 I'd). 1,508 
 •20 Dec. IGUl 
 
 JAMES L 
 
 K(!l). IT) 11 
 
 7 Juno li;i4 
 
 8 Feb. I(i2l 
 '21 Mar. ltJ-25 
 
 17 May 
 ti Fi'b. 
 
 17 .Mar. 
 
 13 Ap'l. 
 3 Nov. 
 
 1025 
 162o 
 lt/27 
 KMO 
 1G40 
 
 CHARLES \. 
 
 l2Aujr. lfi-25 
 15 June 1()2C 
 10 Mar. 1(;-2S 
 3 Mav 1(110 
 20 Ap'l. 1G53 
 
 CIIARLE.-^ II. 
 
 25 Ap'l. Km 
 
 8 Alay J(j(il 
 
 (i .Mar. 1070 
 
 17 Oct. lf.70 
 
 '2 1. Mar. 1081 
 
 1'2 Mar. 1fi85 
 '22 J.m. I(;88 
 
 ■29 Doc. 1000 
 24 Jan. 1078 
 12 July 1070 
 18 Jan. 1081 
 •28 Mar. 1081 
 
 JAMES II. 
 
 28 July inP7 
 ■20 Fob. lOcO 
 
 11 
 
 
 
 2 1 
 
 1 3 
 
 '2 4 
 
 1 18 
 28 
 
 3 
 4 11 
 1 
 7 10 
 
 4 
 1 
 
 10 
 
 10 
 21 
 
 
 
 4 22 
 
 1 
 
 8 10 
 
 
 
 2 22 
 
 10 21 
 2 '2 
 () 9 
 1 5 
 
 2 20 
 1 
 II 23 
 22 
 12 5 17 
 
 8 4 
 
 10 8 10 
 
 4 
 
 1 .3 I 
 7 
 
 2 
 I 
 
 10 ! 
 1 
 
 REIGN OF WILLIAM IIL 
 
 MKT. 
 
 20 :«ar. 1C80 
 27 Nov. 1005 
 '24 Au^'. I.'i08 
 (i Fob. IVOl 
 30 Dec. 1701 
 
 DI.* •SOLVED. 
 ].i05 
 
 lOOrt 
 1700 
 1701 
 17U2 
 
 1 1 Oct. 
 7 July 
 
 10 Dec. 
 
 1 1 Nov. 
 2 July 
 
 EXISTF.n 
 V. M. I). 
 
 C '2-2 
 
 7 10 
 3 20 
 
 8 5 
 ti 'J 
 
 
 
 '> 
 
 
 
 
 an:,e. 
 
 5 Ap'l. 1705 
 
 15 A|)'l. 1708 
 
 :i «c|). 1710 
 
 ■5 Ami;. 1713 
 
 20 Au?. 170-7 
 
 14 June 1705 
 
 8 Juiv 1708 
 
 25 Nov. 1710 
 
 12 Nov. 1713 15 Jau. 1715 
 
 GEORCJE I. 
 
 17 .Mar. 1715 j 10 Mar. 1721 
 10 31ay 17-22.1 7 Aug. 1727 
 
 GEORGE IL 
 
 28 Nov. 1727 | 18 Ap'l. 1731 
 
 13 JuiK! 1734 I -28 Ap'l. 1741 
 'r> Jiiih; 1741 IS June 1747 
 13 Auu'. 1717 8 Ap'l. 1751 
 31 May 1754 ' '20 Mar. 1701 
 
 2 7 1ft 
 2 10 1 
 2 2 13 
 2 8 14 
 1 2 3 
 
 5 11 2 J 
 
 5 2 2d 
 
 4 21 
 
 10 15 
 
 11 24 
 7 2fi 
 9 '20 
 
 G 
 
 19 Mav 1701 
 10 Mav no-^ 
 
 20 .Nov. 1774 
 31 Oct. 1780 
 18 May 1784 
 lOAiiL'. 1700 
 12 July 1700 
 
 United ki 
 Great ISritain 
 '22 Jill. 1801 
 31 Aiij,'. 1802 
 15 Dec. l!"0(; 
 22 Juno If^07 
 24 Nov. 1812 
 4 Aug. 1818 
 
 FORGE III. 
 
 I II Mar. I7(i8 
 
 30 Sep. 1774 
 
 1 Sep. 17r0 
 
 -25 .Mar. 1784 
 
 II June 1790 
 
 j -20 iVlay 1700 
 
 1 31 Dec. IfcUO 
 
 ni.'d()ni of 
 
 and Iri'liind. 
 
 I -20 Jan. 1.-^02 
 
 ' 24 Oct. IrdO 
 
 j -29 Ap'l. If07 
 
 '20 Sep. Ip12 
 
 1(1 Juno lf^I8 
 
 I 29 Feb. 18-20 
 
 9 
 4 
 9 
 4 
 
 -) 11 
 
 nn 
 
 2T 
 4 
 
 2(1 
 
 25 
 
 3 
 
 5 II IS 
 
 4 2 
 
 4 
 
 5 3 
 5 
 
 1 G 
 
 15 
 
 7 
 
 10 
 
 GEORGE IV. 
 
 23 Ap'l. 18^20 I 2 Juni! 18-2G 
 14 Nov. 18-20 1 24 July 1830 
 
 W ILL1AM IV. 
 
 20 Oct. 1830 
 14 Juuii 11-31 
 ■20 Jan. !Ki3 
 19 Feb. lo35 
 
 22 Ap'l. '831 
 
 3 Due. 1-32 
 
 30 Dec. 1.-^31 
 
 1 9 
 1 22 
 
 n 07 
 
 .) '^1 
 
 5 20 
 
 1 II I 
 
 17 July lr37 2 5 'i 
 
 VICTORIA. 
 
 15 Nov. 1837 I 
 
 * For the fallowing T.-dile, with -omn corrections, 1 am indebted to .M'CulIoch's 
 Staliblitai of tlie Untish Empire, v. *2, j). l-2l. 
 
ERRATA. 
 
 In page 39, twenty-one lines from the top, for *' custoJay" 
 
 read " custody." 
 80, fourth iino fi-om bottom, for " Ch. X." read 
 
 " Chap. VIII." 
 122, in Note, fourth Hne from bottom, for " 3,000" 
 
 read •' 30,000 [mojorcs ct minorcs harojicsy^ 
 
 and in the last line of that note, for " Sch 
 
 " Tit. Hon. G92," read '« Spelman's Glos- 
 
 " sary, G7." 
 142, in side note, last line, for " admissable" read 
 
 " admissible." 
 148, lines ten and fifteen from the top, for " admis- 
 
 " sable" read " admissible." 
 169, line fifteen from the top, for '• But is usual" 
 
 read " But it is usual." 
 190, in first side note, for " p.-or!cd" read " classed." 
 192, heading of tlie chapter, line four, after '* viz." 
 
 insert "Compounding Debts due to the 
 
 " Crown." 
 
_: i: N i: i; a l i x d e x. 
 
 I'.'.CF. I ' '.vl 
 
 Miliots, foriiif!!- iimulicr of, in P;irli:unPiit Ui Aniciiuiui'ii:-, iiiMiiiirr .-i,.' dkIi r i.i i!i..\- 
 
 tlicir r:iM!( (jl/t ini;. >» ooiiiiiiiUi'r.-^ un Uil'.i I lu 
 
 Aliingiloii, Iioril, cn^c itf ■^.; I iiiir |i;i.->iin,' a Toll l-fl 
 
 ■Accoptini,' olficc iliMiiiiililics iMciiilxrf iif '■ to liilN ni" iiio i tlicr Hon-;! 1- I 
 
 II cu.se oC ('11111111011 ■> .■-.">, -I i ' Ola I'tiiiriiiii v ii;itU!r,iiui.- 1 
 
 Acp"s> to till' KJiiL', :i |»iiMlr;:i,> ol'L'i ill. .".li | !'(> liiaili' 111 ( 'omiiiiltrc. . . . '»'C'J 
 
 )!' lliu Lord- Ij- ; Ancii'iif [.livilcni.- iIi'jiih:!i1iiI |v\- Spiak- • 
 
 Aci.'Ollllts, I'liMic, I') 1)1! anmiiilly I, ml ' cr ol'tiic ( '01111110. i>, iVoiii tin' I'Liiiir. .. . 57 
 
 lii'loi-f! rarliami'Ml XCn j A.ioialotc of .Mr. ^l^'.llil r Lnitliali .... tilrt 
 
 .\( t.s ot'l'iiiliaiiioiit, aiitlioi ity ol'. I!>1 ' oT (iiicMi I'.li.'. ilii-tli d.^'/J 
 
 fill I. Ill 1 1 K-l» ' .Aaaiial iiii'i'liiii: ol' I'arliaiiicnt ITili-V 
 
 laMV ila-iiil r.lij ' ill Canada, Vun 
 
 rnvatc, liovv I ir .•-ti aii;,'i'i'S ] .Viiiiiiitaiits, iii;:y not vote at I'^i'i'tioiis. . '.> 
 
 a: (! ali'.'ilri! |.y '-I j!l j AiH)rj|.<,Coiii. oil llli'dioii ilei'isioiis, .. 117 
 
 Adilrc.^scs, nili'.'^ ;iv t " :ili:i, ;!l)t ! ii;'oii I'l.vatt' 111 II -, -J- 1, •.'•.'.% 
 
 Iiov |iic -I'll it'll .'i()4 I Ap|iral.'? to llou.-c ol l.or.!.- ;<•> 
 
 Joiiil, ol' ool li 1Ioiim:.s 1!() 1 1 I'l (1111 till' Colon ii'.'^. .. . ih. 
 
 AiJilri's ol'tliiiik^ lv(, aij3 I .Vpi lii;,.tii'ii> I'oi- I'lililic .Molii'V -Jd", '-".• ) 
 
 to (.'o I (.'I'll .1 to ti'aii.-siiijt III l!io ! .\|>]ii°oiiriat:oii I' Jl- '- *'! 
 
 'I'liroiK! cert 1(11 C.iiiaihaa Hill.-> i-jii ' .\rii'.-l, t'rui;iloi.l I'l 0111, ol I'lM'i'.- 'J- 
 
 to till! Crown to iilvaiiLi' iiiu- ' ni' .N.'oiuhci.s o! II. ol'Coia. .IM '/ 
 
 iiiy, inc^^^iil If -.'71 ol'W itiir.-.M-.s :il.~) 
 
 Ail'ieriiiii:, iiiM.-tiiiL', rci "iliii;:, iVi;. I'l 01,1 ol' I'.ir iiinn'iituiy .Al'i'iiI- .i\'i!i 
 
 a'ni'iiiliiiciit.-i ohjL'i'lrd to liy tii.' otlicr ' to wliut taacs it dor.s not 
 
 l!oii>(' I lii-T I c.vtciid --Jiijij 
 
 .Adjoiiinaiont of l(oii,-i', iii.ilioii.- lor, l-'ii, l.T ' Imw (irivili'^'cd parly iii:;y 
 
 ol'diliali', iiiolioas for, liUi, 119 I bo di'livrrrd out ul (.■ii^toily,;5.'>-t> 
 
 .-'^^^.ull ( loMil Ij)- l.il A; !!r! • ci" lillpi'ailiiili'nt 'l'>l 
 
 Adiilti'i-y, 15,11- 111' Divorro for ■.':il--.':;.'i I Aniudi I, ('a.-ilc of, a li'inlal I5.ir 1 ;y til'.-i 
 
 .■\j.'f'iits, I' irii.iiiii'iitaiy, diari^i.'f of , . . . . -JljU ! ."-^ii- 'I'lioiiia.*, anri.'dole of (r 11 
 
 M'o .Irn St., /''/•(■( f;'i,iit fruni. ,\ .>aiiltiii;i :'. I'l'i'i", ;i I'l'f^i-li of (irivilriic '-'i 
 
 .\iils, or a>si.- tun •■ in nioiic} ,(li'i'iiito.i of,0('i:i ' ir lii- Servant iU- 
 
 .Micc I'icrci', ca-i' of 'XV.i j A.-.-i'inldy, .MiniliiT.- of lloii.-c of, CMiiipt 
 
 Alifii.-, camiot li(! M('i;ili('i> of citli.'r from iiiditia ji'rvi(:o diiriiij.' |! lacc. . . . -.M/i 
 
 Hou.-c of I'liliaiiionr GJ, i~0 1 as to frankin;: li) tin 111 . liil.i 
 
 may iiol voir at lllcrlions "iS ! mil I takr oaths if .Vilo- 
 
 m:iy sit ill ('aliadian f.i'i.'i-l.iliii (>, | <;ianci3 'J.' 
 
 vvlii'ii ii:itiir;vli>:i'd i'jVii ; Allairidor, Rilh of. sre Hills of .Itlaini/t r. 
 
 \.itiiiali/;!tioii of, SIM' A(i<;ur'/(:- I .\tti'nd, liow fur witlie5>ps tan lio ta'i;i- 
 
 iilidli Hills. ] pi llcil to ^llJ-li' 
 
 ililioiciic;' liilwnf 11, it Dcniz;'!!', '.'ITi/i i .VitiTiicy-dcniTal, .'■iiiiiiiKini'il to alteml 
 
 AlloyiaiuT, Oatli of, to In- laUoii liy Ca- I House of I'ei'r.s, \\ ilii the JihIlm'.- 'Jd 
 
 iuidi:'.ii lycgislators tJII«,9J I is not iiipaiialdo ofnttiii:,' 
 
 Alms, por.-oti.'s rccoiviiur, inoliijilili! to | in Hoiiso of (.'oninion,- i6 
 
 vote at I'^k'ttions 'irf j .Vltoriwys lu^iy not vote at Klcction.-, if 
 
 Alilliass:ulors, not disiiiialitlod from tit- ! eiiiployi il 1 la'ro 7^> 
 
 tini;' ill I'arliaiiirnt ^8 i .Audience of tho Kinu, ^eo Acccas, «.',•('. 
 
 Anu'iidinpnt.'^, to a ipic-iion, liow inado, 137-0 j 
 
 to what (!.\ti'iit a(lmi^sibl^' Hi':' ]',ail of jht'-oii.* iniprailii'il •■- 
 
 proci'drncp of motions for,l H'-li ... .1','im'.-j « ill iiwt hi' iidniittid as ""H 
 
 to aini'iiiliii(!iit.<, rules for . 11- Halloi for I'.li'iiioii t,'oniiiiittei'i< II- 
 
 Iii'tweeii the 'I'wo II(Mi.>,e.-, 115 7 ! for pi('(^i'd(,'UC(.' in proseiitiitioii of 
 
 how far they may be | peiitions 2f"<l 
 
 carried 147 . Rankriipt?, IN^ers privilege when "5 
 
 if rujocted ill ouc siajre, ' privileL'e ol'miint)i!rs of house 
 
 may 1)0 olVcred in anvithcr, ; of Common?, when b7 
 
 mill vice versa 1 It'-b ! members ofCommons, durinsf 
 
 on 3J reading- of bills, 17^1 '.>,7 roccs,-;, new writ to issue. . . CU 
 
\XX11 
 
 fiEMERAI- INDKX. 
 
 r\ 
 
 r,\GF. 
 
 Pfirnniil tenure of Bishops C,,i 
 
 15 ir in V vll I'c'.rssitiii I'arliniiinnt as ... CO 
 Hi'ilforil, Duke of, (Irifrndod for poverty 24 
 l<>'!ii'Tilii)!^,ulli>\v'("(l ti) coiidomnntl I'ecrs, 
 
 li.\ ,sr:\ci} 25 
 
 nrrlii lev. Lord, casoof 'Xi\ 
 
 r.il!, rnlilic, whnt it is l.r'.i) 
 
 how undo iiiicii'iilly IM 
 
 ol'^i public mid private imturp. . l.VJ 
 
 wliril iiousc tlii'v .should orJL'i- 
 
 iMt<' in ." I'.i.U'.O.fi-; 
 
 how brought in Jtiit 
 
 by Meinhprj!, Cotniiiittce, &c. tfr. 
 
 prrsoiitofl KJt 
 
 first rradinc 1G5-G7 
 
 withdrawn mid new ono ordnr- 
 
 cd irj5,l7[) 
 
 consent of Crown, given to, 
 
 wlien required IGG 
 
 not to bo read twice the naino 
 
 (in\ ••■•■••••••■■••••■•••■• t(/* 
 
 second rcadiiiir IG" 
 
 counsel iieard upon ih. 
 
 .: coniinitincnt 1G8 A'e. 
 
 Report 17J 
 
 re-i-omniittal 173-4 
 
 prorecdinars on Report 173-,j 
 
 third read in? 175-78 
 
 Ryders, manncrof addinpr 177 
 
 ninoiidnicnts to third ri;a(lin<j . . 178 
 
 tilling up lllunks 17!) 
 
 passaf!:e of the bill 180 
 
 sent to tho other House ib. 
 
 once rejected not to be lirou!>lit 
 
 in again that session 181-83 — 
 
 except in certain cases 182 
 
 .inK'nded by the Lords 184 
 
 ■ aiii'iilmenls considered ib. 
 
 ■ ca^^rs of, being hurried throuiih tb. 
 
 reiiiaiii will) Lords for Royal 
 
 a=<enf ib. 
 
 II' I', ill Tssent liow given 185 
 
 bill indorsed 180 
 
 liills, rrivaie,\vliat they arc 192-3 
 
 notice to be given of intended 
 
 application for, in certain ca- 
 ses 19395 
 
 particular rules and orders re- 
 specting such notices . — 195 93 
 
 petiiioiis for J98 
 
 referred to Sessional Commit- 
 tee on petitions for 198-200 
 
 cons'nt of parties interested, 
 
 howgiven 202 
 
 report of tliis Committee 203 
 
 referred to Committee on 
 
 Standing Orders ib. 
 
 petition to dispense, &c. with 
 
 Standing Orders on ib. 
 
 to dispense with Sessional 
 
 Orders 204 
 
 for leave to add certain 
 
 provisions to tiie bill — ib. 
 
 for Private bill, withdrawn ib. 
 
 Bill ordered, and presented ... 905 
 
 Instructions to Members to 
 
 bring in ih. 
 
 printed and distributed ib 
 
 withdrawn & new one ordered 20G 
 
 Bill*, Private, ordered for second read- 
 ing, and c.vamiacd in Private 
 
 BillOinco 54067 
 
 petition praying to be heard 
 
 against the bill 207 
 
 sfcconil reading 207--* 
 
 Fees to ln! paid before • • • ■ 208 
 
 Breviates of Piivaie Hills . . 207 8r 
 
 Jiow to tlirow out bill at this 
 
 stage 20: 
 
 Counsel beard and Witnesses 
 
 examined upon tin,' hill — 209K 
 
 Bill rc'ferred to a (Select) Coni- 
 
 miltee .211 
 
 proceedings before Committee 211 20 
 
 Counsel heard, and Witnesses 
 
 examined, before Committee 2i3 
 Proofs that must be given be- 
 fore Committee 214™ 
 
 Report of Committee 221 2 
 
 considered and amended . . 222 
 
 if not prepared within time 
 
 limited for receiving — 223 
 
 re-couimittal of bill 223 4 
 
 petition against report of Com • 
 
 niitte« 224 
 
 referred to Sissional Com- 
 mittee of Appeals 224-3 
 
 proceedings before this Com 
 
 mittee 225-G 
 
 Bill ingrossed and examined • 22fi 
 
 rt-ad a third lime 22G-7 
 
 Ryders added to Bill 227 
 
 Bill passed and sent to Lords 228 
 
 — .... Consent of Crown given vvlien 
 
 re(piirc(l ib 
 
 — .... considered in the Lords ?*. 
 
 Royal assent 229 
 
 how far Strangers are afftcted 
 
 by ih. 
 
 Precedents for formation of .. . ib. 
 
 Special Private liilU 230, viz : for com- 
 poundiiii! dcbrs due to tlie 
 Crown 230, Divorce 231, &c. 
 Kstate. 235, &,c. Naturaliza- 
 tion, 245, &.C. and Name 
 
 Bills 219 
 
 Bill read first time pro forma at begin 
 
 ningof a Session 12.1-4 
 
 Bills, two made one, by amendment — 139 
 .... order that no new, be considered, 
 
 after such a time 150 
 
 .... order in presenting by Message... 207 
 • ... evidence on which one was passed 
 
 requested by tho other House . . . 390 
 
 .... of Attainder, how conducted 33G 
 
 .... of Grace and Pardon 274 
 
 — of Puinsand Penalties 336 
 
 last attempt to pass 337 
 
 .... of Rights, See Rights, Bill of 
 Bishop, the junior, reads prayers in llie 
 
 House of Lo: ds 72 
 
 Bishops may not be tried by their Peers, 21 
 
 See Lords Spiritual. 
 
 Black Rod, Gentleman Usher of 319 
 
 Yeoman Usher of ib. 
 
 messages by 305 
 
 Blackslore quoted 275,329 
 
 Blanks, rules in filling up 143,179,209 
 
UENKRAL INULA. 
 
 WXIU 
 
 PAGE 
 
 hiuud, tjiild forrcsliiutiun In, (u be sign- 
 •'d by tlie King, and to begin in ilic 
 
 l<<>rd8* House I*'>(^'' 
 
 nuroughs, right of Election in 7B U 
 
 lircacl) otTrivik-ge, complaint of in tliu 
 liords, liuw to bu 
 
 made 2'J 
 
 in the Commons 3<.) 
 
 how to dt.cide if a casn be 4G 
 
 committed in one, may be 
 
 punished in anotlier I'ar- 
 
 iiamciit 47 
 
 for King to make member 
 
 of House of Commons a 
 
 Sheriir P3 
 
 for King to notice procced- 
 
 inss in rnrliainent 39 
 
 for member to assert opin- 
 ion of the King upon mat- 
 ters pendina 40 
 
 IJreacIi of the Penre, privilege from nr- 
 
 ri;sl dues not exif rid to 22,30 
 
 Hreviaie of bill presented with it iCo 
 
 of Private Bills 207;i,20f'n 
 
 of Hills, read by ihe Speaker . . 59 
 
 Uribery, a disqualification to Electors 
 
 antl Elected 7 1 
 
 Hurgesses, wages of 44 
 
 tJiirke quoted iu 
 
 IUirlei;.'li quoted 14 
 
 Business, order of 131 
 
 ••all of the House 71,72,103,127,128 
 
 « 'iimbrlflgi! University sends members to 
 Parliament 73 
 
 • iimdcn quoted C3 
 
 t'aiiadi.in bills wKicb the Governor must 
 
 reserve for the Royal coiisiderution 185w. 
 
 «!anon of Council of Toledo 05 
 
 t'iipias pro fii:e ct exigent, privilege 
 
 from arrest does not extend to 3G 
 
 ''arriages of Peers exempt from King's 
 
 s-ervice 26 
 
 < 'arts of Peers exempt from the King's 
 
 service ib. 
 
 (-'asting vote (iO 
 
 • ^alholic Priests may not sit 'n parlt 83 
 
 «'hnir taken by Speaker 125 
 
 Chairman of Committees (in Lords')... 318 
 
 of Select Committee 295 
 
 Chancellor, Lord, Speaker of Lords' 
 
 nouse 50 
 
 his place in the House 70 
 
 ('haplain, his duties 125,320,327 
 
 his salary 328 
 
 how many a Peer may qualify 24 
 
 Chiltern Hundreds, Stewards of, disqua- 
 lified from sitting in Parlia- 
 ment 89-91 
 
 Members accepting, vacate their 
 
 scats 89 
 
 former use of G0« 91n. 
 
 Cinque Ports, Elections at 79 
 
 their number 79rt 
 
 Cities, right of Election in 78,79 
 
 Civil Officers of Government compelled 
 to attend as Witnesses before Parlia- 
 ment 317 
 
 Claims to vote for Representative Peers 
 
 I'AGF, 
 
 of Ireland iJOn 
 
 Clarendon, ('uustitutions of to5 
 
 Classification of Acts of Parliament 190 
 
 Classifying Election Petitions 107 
 
 Clause, number of, no part of the bill. .. 139 
 
 , iran.spo.sed by amendment ib. 
 
 Clergy, benefit of, <;iniil:ir privilege for- 
 merly po.sscs.sed by Peers 27 
 
 uf Established t'liurche.s of Eng- 
 land and S(.otland, and Catho- 
 lic Pric.-ts, may vote, but not 
 
 sit in House of Commons 82,83 
 
 of all denominations excluded 
 
 from pari, in Canada ^3 
 
 Clerk of the C:iown 3l9,:f23 
 
 of the Parliaments 318,319 
 
 .... of the House of Commons 320 
 
 hisduties 320-323 
 
 his salary and fees . . . 32J,324n. 
 
 Assistant 323 
 
 ....Under Clerks 323-325 
 
 .... of Elections 324, fees of, Jpp. xiii. 
 
 .... Speaker's Secretary 324n.325 
 
 .... puts questions of adjourunicnt, in 
 
 nbsonee of Speaker 52 
 
 Clerks and otfieers of the House not to be 
 
 displaced without order 319 
 
 Cloth of Estate, obeisance to the 72 
 
 Coal -meters, certain, may not vote at 
 
 Elections 7G 
 
 Co-existing questions 145 
 
 Coke, Sir Edward, quoted 13,44,49 
 
 Colonial bills. Governor's assent to, not 
 
 final leC 
 
 manner of proceeding on, in 
 
 IheColonial Department, after 
 the Governor's assent .... 166- 189 
 
 Legislatures, do not possess 
 
 the power.s of an Imperial 
 
 Parliament 15 
 
 subject to Parliament of the 
 
 mother country ib. 
 
 opinion of Crown Lawyers as 
 
 to powers of ib . 
 
 Commission appointed by Speaker to 
 issue Election Warrants in his ab- 
 sence during recess (JO 
 
 Parliament opened by .... 123 
 
 Commissioners, exclusive right of Com- 
 mons to name, in money bills 266n 
 
 under Prov. Statute for 
 
 examining Witnesses on a Contested 
 
 Election llOn. llln. 
 
 Commitment of a question 136 
 
 precedence of a motion for . . 140-142 
 
 Committal for contempt 314 
 
 Committee on k'elilions for Private bills 198 
 
 on Public Petitions 283,284 
 
 on Standing Orders on Priv- 
 ate bills 203 
 
 on Private Bill, 211-20, .report 221 
 
 of A)i peals upon Pri v. Bills 224-5 
 
 appointed to bring in bills.. 163-4 
 
 instructions to them 163 
 
 Committees, various kinds of 285 
 
 Standing ih. 
 
 Sessional 286 
 
 who to be named thereon . . . 169 
 
 of the Whole House 287 
 
\ X \ I ' 
 
 ';i:.\i.iiAi, ixDF.x. 
 
 r.)iniiiiU'! ■•. if l^•') Wli.'l', ilij 'ft III' 
 
 piKccii'iliiiys ill. . •J'ST.O'.M) 
 
 ill .-ii|>|il)' voti'b bi'ijin ill 'Ji rt 
 
 )ii a I'ulilw I'.ill ■. . KVMJ-J 
 
 <ji (liT ofiii lUiiii; iitiiciiiliiifiilN ill 1*1) 
 
 , |ii()uri,'iliii;,'s Ki'.l.lTi 
 
 K('|)(Mi IT'.' 
 
 IwOLDIIIIIlilt.ll I'M 
 
 orSii|)i.ly.".>it. I'lf.ciM'.liii-^ III '.'iM ' 
 
 )!• \Vii> s A: Mciiii.s -."J-.', iluli.vi ..f -"M 
 
 «ulcct '2'':j: 
 
 «. olijcct <>r, \' prorrcJiiijis in '.".ll-'J'.Iti | 
 
 caiiiioi hit (luriiijf Mtliiii; i>t' I 
 
 llio HolIM' ".... '.".I,-|| 
 
 ........ Id !>o:4ic!i Lord.-i' .fincii.ilij 'J*.Hi | 
 
 to cxiiiiiiiie certain l,or(!> '.".17 
 
 \ViliiU!.-os ... 'IIJ 
 
 Joint <>( Imtli Houses i.'!lT--2'J8 
 
 of (jcnrt'iciico rJ'.IH, ohject of, luiil 
 
 iiiiiiiin;r 1(1" lioliliii!,' •J9l--30i!, 
 
 Iliui.>i.' not til (-it (liiriii;,' 30^2 
 
 Froo c<)ii('crfii(;('s 3UI 
 
 liilliiii.', lii-t ol' to liu liiiii;,'' ni> ill 
 
 ct;it,iiii |)l:i(:<vi S.')!! 
 
 cannot timmmvu ii llR'^.■>il^'e 3iid 
 
 no I'rcviitus (Incstioii iiiiiy bo 
 
 ua(Ml in I •10 
 
 diiri'ii,' a mnsH of I'iiiliiiinunt . i^'i 
 
 Llcclioii, a|)|>uintniciit unti pro- 
 
 co(!ilin|:!> of II3-I1H 
 
 Chairman of, in Lords 3KS 
 
 Coiniiioii^, Iloiisd of, wliat bills must ori- 
 
 iialu lliurc iljl 
 
 .rice J/otisc of Commons. 
 
 Coinplaiiil of bicacll of piivilc-jo, liow 
 
 in.Kle •j!),:);),!!):^ 
 
 C^oinplicatod <|U('.>lion, dividing n Ill 
 
 Conference, CoiDinittoes of 'J'.l,-' 
 
 inanncr of iuildinir, iVc. ■JI)."'-3()'2 
 
 reipiestcil wlicii aiiieiul- 
 
 iiiRiitj disagreed to If^l 
 
 on a iiioiicy bill 'i70 
 
 Cuu&cntij of partii s iiiteresti.d in I'ri- 
 
 vat(! tiills, !iow given 
 
 of till) Crown given to Private 
 
 bilU when rcipilrod 
 
 Coiistitiition.-i of Clarciidnii 
 
 Coiilciiipt, power of each House in cases 
 
 of ;n,38 
 
 of Civil (JoMit.s, privilego 
 
 fr JUi arrott doe- not extend lo 'i2,3(! 
 
 witnesses coiiiiiiiUi'd fur .. .. 311 
 
 Contested Elections, e.vclusive jiirisdic- 
 
 lioii over, ci;dei| to Coininoiis 77.i 
 
 See Election rililioxs. 
 Contractors ineligible to sit in Purliaiiiunt 30 
 
 Couvention l*arliaiiieiits liiln. 
 
 Coiivocalion.Clcrpy formerly met in. . . . S-lii 
 Copyholders may vote at Elections,.,, 75 
 Corn-nietcrs, certain, may not vote at 
 
 F.Iections 70 
 
 (.'orporatioiis of London and Dublin, 
 
 form of receiving petitions from .... 2S0 
 Costs of trial of Election IVitition, how 
 
 recovered 118 
 
 sliare of,reeoverablc 
 
 from parties 119 
 
 .... Fees on taxation of I l?ii. 
 
 .... taxatiou of, on Priv;itt-' Lull? "GO 
 
 Co^tunl'', |ml. of S);iiiliial Lords (!.'■ 
 
 iT Tenipiiral Lords 71 
 
 of .Meliiliers (jf IFousc of Com- 
 
 iiioiis m 
 
 Coniisol heard upiPii Private I'.ill, at se- 
 cond reuiling ',t)9,2Ut 
 
 before roiiiiiiitlee 'JJo 
 
 upon Public Mills at sec 
 
 ond reading 107 
 
 bilurc Election Cominit- 
 
 tees 111! 
 
 Courts of Jii.-tici', Peers niiiv i-it cover- 
 ed in ■. -21 
 
 not lo take eogiiizaiiee of otl'eiMl- 
 
 iiig Mniiib' rs of Parliainei:t, 
 until the lloufie lle^ done so 30 
 
 Standing ('oiiiiiiillec in 'Jf(j 
 
 how they sliniiid trei'tlliiju?! as- 
 
 Miiiiptioiis nf power by either 
 House 4?,'tJ 
 
 duly of, w illi re.-pect li> n^ur- 
 
 [latidU of I'ower or privihgo 
 
 by either lloii- 1? 41' 
 
 Conrts-lcet, jicers r.\riiipt from attend- 
 ing 23 
 
 Martial, jtrivilegn from arrest 
 
 does nut e.Nteini to trials by ... 30 
 
 Creation of Peers 00 
 
 nioiie) of Peers, iinalicnalile . . 2fi 
 
 Oedit, vote of 2Ji;', 
 
 Criei 
 
 3-Ji' 
 
 2-2^ 
 05 
 
 Crown, Addres.- to, to advance money, ir- 
 regular 271 
 
 bills for compoiiiuliiig debt.? duo 
 
 to 2C(' 
 
 consent of, <,iv(n to aii> bill or 
 
 proceeding iiliecliiig ils iiil"ie.'-t ]0t- 
 , di.-solnlioii (d' I'ai liamei.t by de- 
 mise of i'A 
 
 Dnyson whicii Parliaiiient should not sit IC" 
 Deaf and Dniiib, the, ineligible to vole 
 
 at elections ! Tr' 
 
 Debate, Members not to sjieak t\s ice ii),94-.' 
 
 with certain exceptions 0." 
 
 Naming ti .Member 117 
 
 disordeily to report Klllg'^opillion,^^■ 
 
 motives not to be imiiuted in . . . ih 
 
 order in 9''' 
 
 exception taken against cert.tiii 
 
 expressions in ib. 
 
 puni^hiiKMit of the same . .. th. 
 
 words of heat ih. 
 
 Members to withdraw if con- 
 cerned in 10! 
 
 disorderly to reflect on other 
 
 House or its Members 100-1 
 
 motions to adjourn 130, I'll' 
 
 see Spi'iikiui^. 
 
 Debates, Standing Order prohibiting 
 
 publication of 13 
 
 Debts, Crown, bill for coinjioundiug. . 230 
 Deer, privileiin possessed by peers, of 
 
 killing tlio King's deer 20 
 
 Demise of the (."rown, dissol. of Pari, nt 154 
 Deiiizpii and Alien, dilfcrciiee between 245a 
 Deputies, Lords may appoint, lo their 
 
 ollices 25 
 
 Deputy Sergcaiit-at-Arms 327 
 
Gi;.NLRAL IM>i:.\ 
 
 XXXV 
 
 Desrciil, Pens liy, iii:iy nl in I'.r IIou-p I 
 
 without iiitr<)(liii:tiii;i, I'lC, (II i. uiiiuiiy 'i'-^ i 
 
 Do t.ill,i;,'ii» ii'iii coiici'iIpikIo .-l.iliilf of, 'Ju.)/! | 
 
 nisolicyiii'j \\iit oJ"ll;.lic.i-i('iiiiui;, not ^ ] 
 
 [irivilcufid 'tlJ I 
 
 l)l^ol•ll(;r, pri'vriitio'.i of, in tlio llous'-, ^ j 
 
 wlini till' Km-- \^ pn v:iil 'It 
 
 DijorJi-rly si/i':iluii? • '"' : 
 
 Dissolution uf l*arli!im'"iit i)y llo' King • l.'l ; 
 
 Di.«tril>utioii of priiitt;'! Jouniiii.-. ;{•-'-» ' 
 
 DiMllill',' !l (iiif.-tioii 'I'i 
 
 Divisions in till' IIousi! of Lor.lh 1"-! 
 
 ill tht; lluiioi: of (,'iillliiioii.s . . . IJ!' i 
 
 rules to III' (iliscrvcd lit Til) i 
 
 point of Older ociMin-iii^' ilurinjf 131 I 
 
 it' no (luoi-uni upon il>. 
 
 Divorc lJill« Jill-aa.") 
 
 lor !uhiiitrv toiiiiiiittcii ill In 
 
 .lia .... • '.i:n" 
 
 Door-keepors M-O 7 
 
 I hii r focrt 'M'li 
 
 not to -iiriy within tin; House . . li-JO 
 
 Doutilc K<-inriH ^~ 
 
 |)r''t;.J, Sl'i' Co.-'tumr. 
 
 Di.li'iiii, I oiporaiioii of, foiiii of rectiv- 
 
 iiii; l'i'ii:ioii lro;ii "280 
 
 !)uraiii)ii of icinpoiiuy law, wlii;ru to be 
 
 fvpri ssi'd . •• 'i^i 
 
 iJiirlii'iii, Hl.-linp of, lii-< pnu'cdi'iicf,' In 
 
 lloii-i; of l,ord.-< '>■"') 
 
 Dwariis cited- -/ja.vj.//rt. 
 
 Earia, ontroversy bi,twi:tn two, as to 
 
 picctidency -Ij 
 
 ElLciioiiss of Members of the Ilourc of 
 
 Coiiiinoiis 
 
 wtio may vote at '-l-SO 
 
 who niny not bo oliiclrd at. . .PO,fr> 
 
 I'oer may not vote at, or intcr- 
 
 IVro with IGn, 77», *',» 
 
 Soldifis to be reiuovcul from 
 
 placo of. "!'•) 
 
 SpcukiT to i.-siic his wiirruiit 
 
 ibr, dnriii!.' rocGSS (iO 
 
 Llcctioii of .SpoaUor of the Coiiiinons, 
 
 sea Speaker. 
 of llcpresentative Prers.rlainis 
 
 to vote at CO.'J 
 
 Elcclio!) Petitions, by whom made 10r» 
 
 now mode of tryiiij; in 
 
 IIou.se of Coninions ....lOln 
 
 Ueeounizanecs entered 
 
 into upon IOj, lOi^-O 
 
 renewed petitions Ulii 
 
 received and classilied . . . J()7 
 
 withdrawn ih. 
 
 considered 107, 110 
 
 coniplaiiiing of no return. ?Orf 
 
 form of. ib. 
 
 to be allowed to defend the 
 
 seat ib. 
 
 List of Witnesses given in,110/i 
 
 Commi-'sion to exaininc, 
 
 und('r Prov. act .. llU/(, llht 
 
 Members suninioned Ill 
 
 list of objected votp.« ex- 
 
 chaniTfid between parties llln 
 
 See Election Committee. 
 
 Election Committee, balloted for 112 
 
 I'Aor; 
 Election Ciiinmittop nirmbei s i xcused 
 
 from servint' on l|-.> 
 
 iiominei s appointed by 
 
 parties 1 1;| 
 
 appoiiitiifiit of t'omni.. . I I'J-l t 
 
 pr o( e'diii;;^ ifpelituin i oni- 
 
 plaiii of no n turn 11 1 
 
 [irueecdlilgs of Commit- 
 tee 1 1.') iV < , 
 
 repm I d'teriiiinatioa, and 
 
 oilier re>o|iition!i 117 
 
 Petition ag.'iin.tt ('(jminit- 
 
 tee's det:i>ioii i//. 
 
 Committee of Appi .'iK .... ib. 
 
 Coat- hokv recovered.... I I,' 
 
 Clerk of l!-,'l Aj'p. xiii. 
 
 Elector refusing' to take oath, diM|ualifi- 
 
 ed 71 
 
 I'll /.abet li, <liieeii, anecdote of ^.'■•i 
 
 Emoluments of Speaker. See fr c.«. . . . ^f 
 Encli.-h l.an.jua;,'e, »hen bills first 
 
 drawn up in 15b»lri!l 
 
 E(|uivalent questions ) I,". 
 
 Esciiaire, delinition of 'Jfi.'ln 
 
 Estate Hills S:).-)-!,-, 
 
 rel'erred to Judges for legal opin- 
 ion on 23(> 
 
 ..'.... Jiidi'Cs' report iiS7 
 
 consents of parties concerned, 
 
 how proved t!.l"2-4t 
 
 Trustees, consent of, wlien re- 
 
 qiiiri'd 211 
 
 I'.states, the three of Parliament, defini- 
 tion of Hit 
 
 Esnioii, not granted to ])l.uiitiirs in ac- 
 tions w here peers are defendant .... 2i 
 Evidence, atteni.'aiue of members of the 
 
 oilier lloiisc asked, to sive. . 30U 
 
 reipieslefl bv one House, on 
 
 which other passed a bill l>-3,30y 
 
 when Lord-' ntny ttimand at- 
 
 tenilaneo of Comnionti, to give 310 
 reported to the House of Com- 
 mittee 3ir» 
 
 Examination of bills in Private liill Of- 
 fice 2j1-U 
 
 of Witnesses, how (.oiidurted 313 
 
 of accused parly, on Im- 
 peachments 334 
 
 of Peers, before House of 
 
 Coiiinions 31S 
 
 if Judges, bclbrc House of 
 
 ConiiiioMs 3Hi 
 
 Examine certain Lords, Committee ap- 
 
 |)ointed to ^Xi 
 
 E.vaminers ol Ingrossments i).')3 
 
 of Election KeeognizancesIOUrt 
 
 Execution, prisoners in, may be e- 
 
 Iccted to P.prliaineiit t'H 
 
 Exception taki'ii against certain words 
 of u 31 ember in debate De — punish- 
 ment of them ilH 
 
 Excomniuuicatcd persons may not vote 
 
 at Elections ' H 
 
 or be Members HI 
 
 Expelling Members of the Lords -!• 
 
 of the Commons '^,07,100 
 
 Expenses, (extraordinary, provided for 
 by vote ol'crcdit iiO^i 
 
 2 Z 
 
IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
 // 
 
 ^ .#. 
 
 
 1.0 
 
 I.I 
 
 lii,t22 |25 
 ■^ lU |Z2 
 
 
 1.25 |||.4 1 1.6 
 
 
 < 
 
 6" 
 
 ► 
 
 ^. 
 
 V] 
 
 (?% 
 
 72 
 
 '^' 
 
 ^> 
 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 33 WIST MAIN STRUT 
 
 wnsTiR.N.Y. Msao 
 
 (716) •73-4903 
 
 •V*^ 
 "^.V^ 
 
 ■^ 
 
'■ 
 
 
 vV 
 
 > 
 
\xxvi 
 
 (iKNF.RAL INDEX. 
 
 V\UK I 
 
 llxpinnir lawx, coinoieucemcnt or nets 
 
 fitr cuiitinuiiifr ,..l''!ln 
 
 K.xtent «l" I'rivilegK <if ihu HouHe of i 
 
 Lords 30 31 I 
 
 iiniise of CoinillOli^ .. 40 I 
 
 rxtraordiiiary cspcngeii of (iuvfrriiiieiit '.'03 
 
 r<>«3nnriivale Uill8, in the Mfni<<c nf 
 
 Lord* ii-Vl-rj 
 
 in iii<; ilouxKorCoiii- 
 
 iimiiH .. ..... .'.'.Vt 5!) 
 
 puid liefori! III)! '.id. 
 
 r»ndina y08 
 
 formpfiy paid byMuiiibir^ flci-ted 
 
 on vncaiicioa 93n 
 
 ... payable lo F^xaminerit of Election 
 
 Ui'cuKnizances 109 
 
 on taxation ot C»bIh of Rlertion Te- I 
 
 tiliona ! IOh ' 
 
 ....to b«! collecti-d by Parllaiiicnlary | 
 
 AKunts iJfiO 1 ; 
 
 Fee-fund of the House of Coininons ... 3'.'3 j 
 
 Felons may not vot<; at Elt'C(ioii:i T>^ , 
 
 or be Members 81 i 
 
 Felony, privilocc from arrest dues not ! 
 
 extend to '.'2,30 ; 
 
 Filing a Dill agaiii<>t a I'lur, witlioiit pro- 
 
 ccf>s, no lireacli of |iiivile<!(! ... 20 ; 
 
 in cauvs wIktp WitiH'sses are to 
 
 be cxarnincil. no brt'ncli of privileep. ■ ih. ! 
 
 Filling up blanks, ruin;, in H3.l79,3i'>U \ 
 
 Finch, Sir Ileneacp, lirst Alioriiey (Jrn- 
 
 tral who yat in House ori'oiniiioiis . 2^ \ 
 Foifign titles not to be rfcciv('<l by Urit- 
 isli subjeris, wiilidiit c>iusent of Sove- 
 
 teiun f>8 
 
 Forms of proceeding ^lioiild lieHtilctly 
 
 olwerved ITil 
 
 Fortesruu quoted 17 
 
 Franking, Lords' ptivilcpe naut 'J3 
 
 Common!*' prlviiei^p as to 33 4 
 
 ilaoriL'in 34 
 
 in the Canadian L pislatiire. .. 3:!n 
 
 Fraudulent vtiling ut Elections 75 
 
 Free Conferenci-8 301 
 
 Freedom from arrest. See .irrat free- 
 dom from. 
 
 ofSpeecli, Lords' prliiinee asm.... 28 
 
 Commonk' privilege as to ■'>(> 
 9i'e PricilrjTcs. 
 
 fianiing-house?", privilesn from iirrost 
 doe^ not c.ttcnd to pio^ocutions fur 
 
 koepiii? 30 
 
 (iartcr-Kiiig-nt-Ariiis prcpiin's Roll of 
 
 Peern 1 28 
 
 Gentleman Uishor of tlin lllack Rod 31!) 
 
 see Jllark Rod. 
 
 Yeoman I'slier of 31!) 
 
 tJovcrnor, Slo'sagc Irom 305 
 
 Governor's ajsent to a hdl not linal .... IMI 
 
 (•'race. Bills of. 274 
 
 (■rand Committees 2tH) 
 
 Great Seal, pardon undor, not picuduhia 
 
 in an Impeachment 335 
 
 placed before Lord Chancel- 
 lor in House of Peers 70 
 
 liricvauce^. Standing Committee of . . . 2t-() 
 
 l'.\GW 
 
 llubcns Corpu*, whether it may be al- 
 lowed to a prisoner for contempt, 3S 
 
 dit-obeying writ of, not privilr;.rii, .(0 
 
 Mukewill cpiotcd C3 
 
 ILile, Lord, <|iiolcd :]^4 
 
 Honour, wIhto Lords may pivo evi- 
 
 ili'Mie oil, luvli-lid III' o:itli 20 
 
 House of A^'^i'llllily, .Meiiilirrs (,f •..-crpt- 
 
 iii:5 icrtain olfiees, iiiu i viirute 
 
 tlieir M':'t.s ctirt 
 
 House to be ai'i|ii;iinled w ith .irrebt of 
 
 its .Meiiiliers 37 
 
 order tlial should lie oIimtvoiI by 
 
 in iitteiiiliiiL' piiblie Milnnnitiu.'^ l.^U 
 
 uiljoiirris, sec Ailjouriimtnt. 
 
 eleiircd before ii itiviiion i'!^!) 
 
 Hou^o of Coininons, uro und purpotcs 
 
 of 43 
 
 pxtnnl of ilsaiilliitrily ib . 
 
 Hiiil privileL'e :<l, 43 
 
 have olleii atteiujiteil to^'ive their 
 
 resolutions the lorce of luw. ... 48 
 
 oriff In of. *' n 2U!ii 
 
 places of nienihers iii !>3 
 
 Speriknr of, .-ee Sptiihrr. 
 
 niorniiiir sittinirs ot, lo receive 
 
 petitions, and traiisnet pii\atu 
 
 l)tisine,'> 2.''4 
 
 couiniiitee of the u hub' 'J?"7 
 
 its proeeeillilL's relliMled on by 
 
 iniliviiliiiils ,^(j 
 
 cull of, see Cnll nftlir Hiuisr. 
 
 privilcjje uf one viohiied \i\ the 
 
 other ■ 312 
 
 House of Lonls h;ive often jitteiiriteil to 
 
 f!ive their resolutiniis the forc' 
 
 of law 4- 
 
 Speiiker of, see Sprukcr. 
 
 see Lords 
 
 Ilousehohlers, voting ut l')lei:tl(>n> 7.'i 
 
 Housekeeper of Coininons 327 
 
 !loiiM!>, proreediiii.'s lioiwecii tile two.. 311 
 
 w hen tliev lir.-t ii>Aeinliled apiirt. 3'.'i » 
 
 Uli'ssUL'es between tlio two 300 
 
 Houses of Peers, not to be entereij by 
 oinccis of Justice withuiit a &pe('i;il 
 wairant 21' 
 
 Impeachiiient,olijert and propriety of. . 3?'i 
 
 manner of condiietii:;;. . 3:;0 lU 
 
 Iiol e.viitmuished by illsso- 
 
 Inlion, &r. of I'ailiainei.t 'XXt 
 
 last iiisiancesof >/•. 
 
 Iinprisonintr a Member il.i 
 
 Inclosnre Itirs. special prool's leipiirnl 
 
 to be uiven tierore('oiiiiiiitiec< on. . .2I4-I."> 
 [ndie.talile Ollenees, privile)>e I'loiii iir- 
 
 rest does not exieiiil to 3o 
 
 liif'ainoiis persons m:iy not sit in House 
 
 ofConiinons ^3 
 
 Informal Messages — 310 
 
 retilloiis '.J77 
 
 lni;:o$gmeiits, Kxaniineis of 'J.53 
 
 ... ... of I'livate Kill.4 '-Vrt 
 
 Insertinir words by anietidinent 2^)7 
 
 Inetnic'.iun lo Cniiimitieis on mils 171 
 
 to Members to prepare Pri- 
 vate Hills Sfl.-S 
 
 Iri>li Prelates in Hoii^e of Lords 'i4 
 
 .Peerage limited 07 
 
fiF.NF.RAF, INDF.X. 
 
 xxxvn 
 
 Irixh reprpdpnlaiive Peers 
 Irrdpiiiar Mp«»«(;f« 
 
 TKc.r. 
 OOn.GT 7(> 
 
 :mo 
 
 :« 
 
 Janiof) I. itave rnivorsiiiifd (he privilpc'' 
 
 ot 8cii(liii| MifnihiTfi I'l riirliniiiciit 
 
 ... tvnm ('tiiniiiiiiH' prt ii-ocitiiiii trniii 
 
 Ihf JiiiiriiiiN .'."• 
 
 Joint Atltlr«'!«>, <»t" iMitli Mfiiixffi ?>H 
 
 CoiiiiiiilteeK oi boili lliiusc.H ... .'.?.•* ".H 
 
 JoH«'H, Slir 'riintiiaii H 
 
 Jixinia's of ihc lloiisn of (.ord" ;<•.•! 
 
 Sps^ioll!ll • Villi t • iii«|ipi I •.'-»; 
 
 ollhu lloiisi; ol'Coiiinioii.- H-,M 
 
 nmiiiinr of iniikinL' iMitrir> in.... :'JJ 
 
 misiMitry ;i-j! 
 
 truiibcrilinil mill priiiti'd :<■,>■,» 
 
 iliNtriliiitiMl, to MiMiilKirx, Ac .3-.\'n 
 
 C'ommiltoe to .«c:irrli 'J!IG-T 
 
 JiiJgus, luriii of r.vuiiiiiiiitioii of, in lloiisn 
 
 iif(.;oiiiinoii.« ;{|,'i 
 
 how f.ir tliev limy take cofriii- 
 
 y.iiiice of |irivilt'ifi' of I'arlt. IT, l.'i, l("i 
 
 iua> not >il ill il. of ('oiiiiiioii<i . . .>! 
 
 tlirir |il;ir<'b, in attiMiiliiii; on llic 
 
 I.OI.I- •JT,v;.->,70,ri 
 
 ICstiitf liills rt'ferrtMl to, lor li-ijal 
 
 opinion on 'JJG 
 
 Jud^nieiit, proxies not to lie u.si>il in 
 
 Ci villi? 18 
 
 Juiiicnttirc of till- Lords ;)0 
 
 Judiciul cnfi's, I'ro.xic.x may not ho nsiMl 
 
 in, thoii>.'li l>y hill 18 
 
 persons (fxrnpi Jiiduos, &c.) not 
 
 in<'ii|;ibl(! to m in II. of Coin.. . r^^ 
 
 Jurisdiction of I'arliainciit 13 
 
 Jury, M''iiilipr:i of hotli llotisrs < xcmpt 
 
 from sijrvin;; on •.'7,3!( 
 
 privilcL'fi foriiiorly pos6i's>ii'd l>y 
 
 Poor*, in trial> liy ilG 
 
 Justice, Coiirt.t of, •><•(! Courts of Juntict. 
 
 the lir>t iliMv of i'arlianirilt -tO 
 
 Justices of the I'raf:'-, whi'ii I'cers urn, 
 
 need not 1)0 rfi>idcMil 2."i 
 
 may not vote at KIcctioiis ~3 
 
 Kin^, has «o|e riirht of summoniii); Pnrlt. 131 
 
 ipciis I'arlianiiMit li!Q-3 
 
 cannot adjourn rillier House 
 
 without tiii'ir coii.snnt 151 
 
 protMM'dinijs on hrcnch of [irivi- 
 
 lo(»P!t comiiiittod I'y 
 
 hri-arh of privilr^rcs for him to 
 
 inaki' niomliprof Commons a shrrilV 
 
 breach of privilp|.'cs for him to 
 
 notice procecdinijs in I'arliaiiipnt, 
 .... Speaker pre-ented to, for approval 
 
 fret; access to, a priv. of Parlt. . . 
 
 iiit<:>saKes I'roiii nn.'i 
 
 disorderly to report his opinion 
 
 III debate 97 
 
 pardon by, not pleadable in an 
 
 iiiipeai hmeiit .'1.?.") 
 
 sec Jiirlf.i I. 
 
 King's of Enifiand careful of tlio riglits 
 
 of the people 4^ 
 
 Kilifr's di!er, priv. of Peerage to kill . . ?>* 
 
 evidence, Peers may not be.... 'i7 
 
 Kiii(('s prp.-cnce, strikinfr in. Peers iiavc 
 uo privilege for "'J 
 
 •10 
 
 P3 
 
 .TO 
 .'iJ 
 .Ml 
 
 I'AGK 
 
 King's eldeiit ion, by birth Duke of 
 
 Cornwall ri7 
 
 Kind's ronsont to prespiitutiun of ii pe- 
 tition, how pM en 'i8l-'J 
 
 snbjertit are ull impeachable XVt 
 
 Kiiiirs:ile Lord, peculiar priv ile|!e of. . . . 'i4n 
 
 Kiii:;>toti, hiiche-.. ot". hi'r case 'Sin 
 
 K nil! Ills of the i>liire, wages i>(. 4-ln 
 
 L-ind-iax («sjp««fnent or redoT.ption, n 
 
 ipialitic'ilioii to voli- at Llei nous 75 
 
 Lawyers, attninp ,o exilnde fr<iiii Par- 
 
 ll:ime|lt. App. p. XVI. 
 
 LeaMiii: oiit words by iimendmeni 137 
 
 Lei.'1-lative Coiiiiril,.Miinbe''s o f, exempt 
 from Militia mtvich durini; 
 
 peace 2;jii 
 
 a.s to their friinkini; 'Mn 
 
 may not vote at Flections 
 
 for .Member* of .\^^pmbly . 78 
 
 may be natiirali/.ed alieiin Ci9n 
 
 oath to be taken by, before 
 
 .sittin:: in the lloii.-e );:)n 
 
 Loginlative measures to bu law, niii>t 
 
 come from the three F.statps -17 
 
 Lentliall, .Mr. Speaker, anecdol- of .... (iln 
 Letti'r-nii>Mve trom Chancery lo a Peer '.•,"> 
 Letters Patent bills, special prool's n-- 
 quired to be j{ivcn before I'oiiimittees 
 
 on --iOli 
 
 Libels, Seditious, privilege from arrest 
 
 does not extend to ,'{H 
 
 Members expelled foi ib. 
 
 .Attorney General ordered to pro- 
 secute ;|!) 
 
 Lin on the table, (juestioii ordered li>. . . I.'iti 
 Limitation, Peers cIhiiiiiiil' by, to be in- 
 
 troll need (;•) 
 
 Li>t of CoinmittPesMltin^ tobehuii); up 
 
 III certain places 'Jjll 
 
 Lives, Ac. of Peers not to be piL^thu- 
 mouslv published without consent of 
 
 heirs.Ac !i8 
 
 London, ISishop of, his precedcnco in 
 
 the IIou«e of Lords G5 
 
 Corporation of, form of receiv- 
 
 inc petitions from 280 
 
 Lord Ciinncellor, see Chanrellor, Lord. 
 
 Loid Ilii'h .Steward, duties ol 331 
 
 Lords, IIii,.se of, what bills must have 
 
 their oritrin there IfiU 
 
 as a Court of Judicature. ... 30 
 
 Journals of. Committee to 
 
 seanh '.iWi, 297 
 
 ni.iv not alter or amend Sup- 
 ply Rills ;W, 33n,270 
 
 .Messaires from 3(l7 
 
 Lords ."Spiritual — their number C'2 
 
 riL'lit by w'liii h ihey sit in 
 
 tlie Iloii^e ^'\^, (!,3 
 
 narimial t"nur" of. (13 
 
 their privilcL'es i';. 
 
 tluir tank and precedence b.'i 
 
 do not vote ill 'ases of life 
 
 ai<d dR:ith <i3,lll 
 
 Lonl-i Temporal— t'li ir number (i(),(>7 
 
 sit in Parliament as Karons GG 
 
 ih' T privileges, sec Privtlfgua 
 
 of the Litrdf 
 
xxxvni 
 
 f.lXF.K.AF- I.M>F:X. 
 
 PACK 
 
 Lords Temporal, ho-v crrairl f.O 
 
 Roll ol'lh»'in krpt liy hrralils.i/;. 
 
 tiiUini; tlii-ir !<c:it»',<>!(, 4, <)utli,i6. 
 
 po>.«i'>"'ii)|f "ovcrul Pcorufifi 
 
 doo.s not I odI'i-t iiicroa'-t'd 
 Privili;(,'ns ib. 
 
 |)lac«"i ill till' IIdusi- TO 
 
 penalty of voliiiL' witlmiii 
 
 li:iviiif: lierii s» oni 
 
 lA)rils LicutRliRiiI iiiuy not voti; ;it, nr 
 ilitlucnce Elnctioii^s of Mtiri. of I'-Atll. 
 
 Ijoat, question if, may not l)t> mlmiii 
 liroii^lit forward tliiit f»os.>ion. ....... 
 
 Lunaticii may iiol voli; at r.loi;tioii> .... 
 
 Mace, its place ilurinjr dec. of Siicnlicr r«J 
 
 various synibulical places of .... '.''iu 
 
 wliero dcpoMird at tlo?e of ^(■^3. ;l-'> 
 
 Magna ('iiarta, <|uotril Qtl'.'n 
 
 Mail I'acketf, C'ai>tuiiis, &:c. of, taiiiii:! 
 
 vote at i-lectioii." 'f' 
 
 Mail, Itisliop of, why he haa no ^cat la 
 
 lloasR of LuriN d-n 
 
 Mansccr» of a Conferfiae ;!0I 
 
 Maiulielil, Lord, i|ii(>lc'd iH 
 
 Mapii, I'laii.", A'c. proiliicod iwiore Coin- 
 
 iiiKteis on I'riviiti' Hills '.."^O 
 
 ili-po?iti-il ill PrivaK.'llill olitce 'J.'il 
 
 Marvel, Andrew, lust ."Member who rr- 
 
 ccived waires from lii.s c;«nfttitu>Mils. . !'l 
 Meiuber.iof the Iloii>e of A»si'inlily, .•^ee 
 
 jtentiithlh. '^Iimbtrg of. 
 of l^(;iri>lalive (.'oiiiieil. see [.c- 
 
 ffislalivt Ciiuncil. 
 «»f House of (' iiniiion> — pa.^l 
 
 and pre.xent number of. T.i 
 
 from L'liivrrsitie-i "It, 71 
 
 Kliclion of, .M!e Elrctiuii*. 
 
 Spriiker to i.ssiie Warraiit.s for 
 
 election of, diiriiit.' KiTe^y 
 
 ........ Peers' cKlc-t .--oiis I'orinerly iiie- 
 
 lifriblo to he 
 
 • •••... .wJio arc di.-(|ualilied from bciiiu 
 need not be resident 
 
 • •..... .property (pialilieatioii rerpiin'dof,//'. 
 
 serve for the u hole realm. . . . i"^'.! 
 
 if elected, must serve ih. 
 
 unless refuse to take oaths ... ib. 
 
 or accept oiKce, or Cliilterii 
 
 Hundred.s s!»-!ll 
 
 wasres foriinrly paid them. .ilw.'.M 
 
 duticij generally D'J 
 
 reprimand ill!.' 0!) 
 
 imprisoiiini; ih. 
 
 cxpcllin;: '.>'J,1U0 
 
 to withdraw, if concerned in 
 
 debate 
 
 lio«v far they have a ri^lil to re- 
 
 «|uire papers to bij read by the 
 
 Clerk III the House 
 
 or to rend papers in their place 
 
 not to depart till end of session ID.') 
 
 ordered to bring in Itills 1)'3 
 
 instructions for that purpo.'-e. . ib 
 
 present Uills 1G4 
 
 places ill the House in which 
 
 I hoy should present lulls :Mid 
 transact other prorcediii<;s ICi.ii'.lfSfin 
 summoned, before F.lci'inn Pp- 
 
 tilioi!. loii-i,!, rci' Ill 
 
 i'A<;r. 
 .^[ember>^c.vcnl!ed from ficrviii:^ or. Ele- - 
 
 tioii <'omiiiittco ijo 
 
 ali>t;iit III I all of the Huilt, ar- 
 rested 127 
 
 *!lc( led oil vacancies, introduc- 
 tion of ■!.' 
 
 ihreati iieil by individual-- .... .Vi 
 
 ojiie.- of .loiiriud* yiveii l(i. . . .>?■;« 
 
 lb leave a.«ked lor tlieni to alti'iiil 
 
 otli(U- lloii.-e. lo pive evidence. "W' 
 
 *ii when Lords nia_\ order Com- 
 
 iitoiis to alti ml ni<' 
 
 ll> .Mc.ihaiitcV tlie l-'riar, ."*ir r. Pak'r:i\e'i^, 
 
 'i^ ' i| III lied ;12.')»» 
 
 .Me-.-:i;.'( - iViiiii l!ie Kiiit :Ui.% 
 
 lb. 
 
 \m\ 
 
 will II \\ ritti II. . 
 
 « licii \erb.-il . . 
 
 I.\ llbuk Rod 
 
 lieiwecil the Two lloilsrs. . 
 order in preMiiliiig ilill.s by 
 
 iVoM) till' Lords t/> 
 
 (!cli\ered and reported li'M 
 
 Conimittce lannot receive ... «/». 
 rubs as to th- 
 in riminil lie;) 
 
 to a.-k e\ ideiice 
 
 lA, 
 
 Ctl 
 Ml 
 
 lb. 
 
 101 
 
 10-J 
 ih. 
 
 lo rcipiest altciidaiicc of Alciii- 
 
 bers ih. 
 
 iiie;Milar 310 
 
 I'roni llii; Lords, to aci|uniiit 
 
 ('omnioiis of passajre of a Hill If^D 
 .Militia, I'eers exempt from serviii>.' in.. iH 
 
 .Members and Otlii ers of Canadi- 
 
 an Let,'i.-.|at lire, exempt from ^n 
 
 !Miiii->ters ol' i^late may not vote at, or 
 
 iliMiiciiee LIrclioiis t<) 
 
 Miiii>tcrs, .-^ee I'iinjt/. 
 
 .'tLiiors, may not sii in Parliiiiiieiit G'J,?I> 
 
 or vole at Lliu lions 'I 
 
 .Miniile>^ of precediiij,' day, read before 
 
 business 1-J6 
 
 .Mi'dcmcaiiors, i'Mcinbi;rs of (^tinmons 
 
 exjielli d for Plw 
 
 Misenlry on I he Jouinals 3tM-'i-2 
 
 .MiMinder>Miidiii),' between Peers. ..... 72 
 
 Wemberj of the 
 
 House of Coiiimoiis 9H-t)".> 
 
 Mitred Abbots (j-l« 
 
 Money, Public , motions for, mu»t be ro- 
 
 commended by the Crown lf)4 
 
 Money Kill, what constitutes n "G'i 
 
 privileges cbtiined by the I'oni- 
 
 mon.s with resjieci to such 
 
 Hills 'S,-,,2C'J 
 
 Commons exclusive right to 
 
 nominate Coniiiils^ionerii in 'JfiGH 
 
 Public Accounts laid before 
 
 Parliament ih. 
 
 preamblo of Supply bill;*, and 
 
 rille.-i respeclliiL' tili'in 2W 
 
 I'lllinu' up r.laiiKs in 'S''.) 
 
 .Amendin'tsof a iieiiiniary nntiirn tb 
 
 i?ill withdrawn or abniidoiie I, 
 
 and new one presented .70 
 
 Tiukiii-r other lull.s, or claus •^ to, 
 
 highly iire^'ular '271 
 
 nmniirr of relurnini: to Coin- 
 
 nioii-s to be presented for Koy.d 
 
«.l \F.K\I. I M»r.\ 
 
 )k X ,\ 1 \ 
 
 \-M 
 
 In 
 VI 
 
 I u.; ■ 
 M(Mii>> niils, |>: Pit iiioil 10 i)i(^ Kiiu, i)j 
 
 5»|)';ikr lit' ("Diiimon* ,'■ - 
 
 .Moiito»i)Uii'ii ii'iolt;il It 
 
 Morhiii^r iiiuiiivs iil'tliolluusp to traiisuL't 
 
 I'rivul'j liuMiii's^< .J*! 
 
 Morlj^rtppcN, iiiilice ofpptitioii tor Kutalo 
 
 Blll.s to !)(• aivcil tv, wlioii iiT''->!ir_v '2'M 
 Mortgages, porsons in |)<i:<!>r&!iioii to > oin 
 
 on ".I 
 
 Motions, how niiide K'..', 1 1 1 
 
 rulpv to bi' ul)-rrvcii on il>. 
 
 previous nolii !• {riven of I^il 
 
 to pii-tpone a ipii.'.ition i-^'t 
 
 lor iinii'iii! iiii-nts D7 
 
 til iidjoiini I'.'ti-* 
 
 Cor previoii' i|iii-iioii \'.H-'i 
 
 Motives not to be inijiuii il in ilelmie. . . . 'J~ 
 
 \;un • I.ilN -.MD/iV) 
 
 N'amiii? :i in'Mnlier ".'* 
 
 N'lliii- liiziitioii tiills •.' I, 'i -•.'«;• 
 
 .\atiir:ilizi il, I'ei'- lor swi.-nring a person 
 
 <Jii l,iiril-i ill unliT tu lie Sii 
 
 ?ii;wsii.iper repiiriN nol l':iiliaiil<'iilury 
 
 iiutliority '•''• 
 
 No'iility, see I'l ers. 
 
 aiinut lie 'odl but by altaimler or 
 
 ilealb ei 
 
 :a -i; ofu I'uer iioing deifrailed fur 
 
 poverty »''■ 
 
 Niliinins cl uisi- in Writ of I^Utetioii, 
 
 liistory ot'. A pp. p. xvin. xviui. 
 Njiniii-es nppoiiiliil by parlies, on Flec- 
 tion ('i)iiiiii it lee* 113 
 
 Notice to be uiven of inteii'led np|iie:>- 
 
 tioii I'm- ceiliin I'nvale Itili-i ll».l \'.Kt 
 
 partienl.ir rules and ordern re- 
 
 .sp.'clii:.' sueli iiotie s liJi-II*'^ 
 
 Notices of iiMlioiii' \'M 
 
 Ottli, II. of Coinm. c:innot iiiiinini.iter an 'M 
 .... of Supreniary, I'eers exempt from. )ij 
 .... rufusinj^ to luko, disijualilies elec- 
 tor. . . .7I,"5 
 
 di>qn liifies niendter S'l 
 
 .... taken by inemberii of elei:tii)n lora. ll.> 
 
 by witnesse.* beforr di I IG 
 
 Oatlis, penally of votitiR in I'arlianiPtit 
 
 before iiaviiij: tuke.ii "D, 'J3 
 
 taken l)y llou.io, at beginning of 
 
 u I'lirlianient 57 
 
 OI)eisnnce>., see Siilulalionti. 
 
 OlTcnders to one, in custody of the otliRr 
 
 House .' 101 
 
 Otreiisive words in debate 1)8 
 
 OlHce-holdcrs, certain, may not vote at 
 
 elections 7.'> 
 
 mny not sit in H. of t'o. h;i.-J7 
 
 Oflkcrs of Ciuiiiilian legislature, exempt 
 
 Iroin Militia duriii!r peace 2:!w 
 
 anil {Servants of the Lords... .3lrt-3"20 
 
 of the Commons :WI»-3J:! 
 
 UlHces, Lords may hold by deputy .... 'Jo 
 Member of II. of Assembly ac- 
 
 enpting certain otliccs, vacates 
 
 hi* sent ^Vn 
 
 Order in the House D" 
 
 ill debate !>K 
 
 ill presenting liilUby Message.. 307 
 
 Speaker to maintain .VJ 
 
 r 1 1 . r. 
 Order i] i ■ I ;• ri o.', .!iii injf « iln i»ion . j:;0 
 
 i:io!iiiMM rel.it i:itl to '. ui."tl(iiifi nt', 
 
 iilvt ii\ .t 111 iirdrr H4 
 
 ■'I'liu.iinoi I!l t'le Hml-e \'\\ 
 
 t''al no n«» liill be lonsidercd 
 
 : I'll r i eert.iin lime I,,() 
 
 Ill Uiiirli HnUM' «liould Ulleiiii 
 
 piiblii- -oieniilitii'.s fA. 
 
 Order!- < f the l.iy. inotioiiv for i:t;i,i;ii| 
 
 < f i:.i- lloii.'ie I l!l.l.">IJ 
 
 iiilV'Teiue between, and Resolu- 
 tions I v.) 
 
 Oriirin, A'l . of Supplies, being granted 
 
 by I'arliameut 26'J 
 
 of control over Supplies being 
 
 tedei! to 11. of ('otniiii«ii» Ur,") 
 
 of a rl'pre^elltutl\ e H. of ( 'om^. .°.J64ii 
 
 Orphan, tiikiiiL' an, out of the cii.'-tody (:f 
 guardian, privilege from arrest iloes 
 
 not e.xieiid to 3B 
 
 Oullau> niay not vote nt KleetioiiH .... 7H 
 
 ir be iiienibrr* of Purliament. ... f>l 
 
 ill I'iV il suit* not iiieliL'ible to •'It th, 
 
 Oull.i vries, llill lor prevention of rlan- 
 
 destine, read, /iro/ormri 121l» 
 
 0\l'i)r«l Iniver.-ily semis inembnro to 
 I'urlianienl 73 
 
 I'ains mill I'ennltirs, Bills of, see BilU 
 of I'll ins and Prnnllits. 
 
 I'alt;riive, Sir F <iiioted 9ln,325il 
 
 l'iil>crs read, how I'ar members have u 
 
 ri:.'lit t'l lia>p \Vfi 
 
 I'aiib.n. Hills of 274 
 
 I'ailKinieiil-. use and power of 13 
 
 V hat are the three l'',^tates of 14n 
 
 piixilete of, see Privilege. 
 
 proper standi lie of 49 
 
 opened by the King I'.-'t:, 123 
 
 oritriii of supplies liping granted 
 
 I bv 26-2 
 
 ; flerk «.fthe 3IH-I9 
 
 ' must a«seiiible annuuily I5C-7 
 
 ' I'arliameiitary ii.Tents, cliarces of 'J60 
 
 their dutv lo collect Fees "JtiO-l 
 
 i privib'tred from arrest 3l.")ii 
 
 '. I'ccr;i;.'e of Liiclanil, indelinitH 67 
 
 , iifSi-otland and Ireland, limited ib. 
 
 I several, do not confer increased 
 
 ; privileges f)9 
 
 ; I'eri^ioners ineligible to sit in I'arlt ^6 
 
 ■ Peers, not rumpellpil to attend House 
 
 of Coins. \^ itbout their consent. 26 
 
 I may not vote at Flections 70, 77 
 
 — or be members of House of 
 
 I Commons 81 
 
 I eldest -ons lornicrly ineliiriMe lo 
 
 j Mt in Commons 77n 
 
 ' form of examination of, in House 
 
 i ofCommoiis 3'5 
 
 privileges, see Privilfires. 
 
 Perjury, disijualilies electors 74 
 
 Penpii-itps of Speaker M 
 
 Pcliiion, rlt!h'. of -T.'i 
 
 — luiniiUumis jictilioiiitiR . . . 'J'j> (> 
 
 neiit tree of po'lajB •,;7ri« 
 
 statute n ziilaliiiB pRtllionini;. "7ii 
 
 cases in which ihey have beuii 
 
 wiitidinwii O' rejected . . C77 
 
 3 A 
 
xl 
 
 MiVIMtAI. INDFJX. 
 
 Peliljoii, form of — 'J7H 
 
 krdu^lit up I'.'ii 
 
 iiDi til bo r<Ti itcii n;;ainst lax 
 
 hill of ^illl|(.■ lifSHiiill — ... '2'>* 
 
 Iiow ilrawii 11(1 iiNil figiifil .... V.'7'.) 
 
 |irr.i<.'niaiiiiii iif --ti 
 
 if rriiiii I.iiiiiliiii or l)iili!iii Ciir [ 
 
 |tor:iiii>i:g ib. 
 
 tryi-riA: rnrcivcrs of, ajiiMiiiiled 
 
 iM III. LmU '.n; 
 
 form of ifciivllic tb. 
 
 Kingd riiiiiieiit given ivIhmi rn- 
 
 'luircil 2f I Q 
 
 .... ... MchiImt's sp<'»Tli on |irc*en'inB •.•--' 
 
 Iietilioii:! rrffrri'd ... 'JHH -1 
 
 tlicir iiiiiitliiz. when |irivil(>gi>il •l.i , 
 
 .S L' FArrtiun f'ttitions I 
 
 IVtIlioiis for l'iiv:ilK HilU (in Lordo... 3114 
 
 (ill Colllll>l)ll^) . I'.W 
 
 witlidrnvvii 20 1 
 
 linif liiiiiii'd for I 
 
 rrc*'! villi; in ; 
 
 Conini'iii:.', I'.W 
 —ill l,ord< . 199 
 
 lo ili*|i''ii«i' Willi 
 
 S'liidiiig (>.- I 
 
 dcrs 20:) 
 
 willl Sr.s.-ioii- '< 
 
 a I O (I. rs. . . 2tll 
 for leave to add certain jimvis 
 
 ions to \\\\U ib. 
 
 iiravins to be licnrd ap;iiiisi tli'- 
 
 iti;i 2.iT,vJI0 
 
 .-m.iin.st re|)ort of Couiinittec on 
 
 rrivatc ISill e-.'i 
 
 relVfired to Coniiiiitlcc of \ 
 
 Appeals 2r. 
 
 Hills anciently drawn ii;> ns. .. !.')■' 
 
 a^taiiiiit deiMnion of KIcctioii 
 
 C'oiiiiniiK- • .. 117 
 
 a;.''tiu.-i ri!|;isier of voters at ! 
 
 .•1<'. tion.-. ll!' 
 
 ag'iiiii>t firinctpli: i>(a lilll.M'liell 
 
 to bi: pri?^«-iilt.'d a^i 
 
 nS'iiiwi ceilaiii /(ro<;/jiion« i7>. 
 
 Pierce, Aliii-', ca«e oi 3U:i 
 
 riaciiaen, not to vole at Rieciions — 75 
 
 dirHI'ialifi'-d from siiiiiif; in I 
 
 House of CoiiimoiH • -811-87,80 
 Places ill tlie IIou:)e in uliicli .Mi-iiilior.^ ' 
 
 t-iioulil pre:icnt ItilU, and Iriii- | 
 
 siict ot'.iiT prorrediiig<. . . IOjh, ICfi/i 
 
 in iIk' 1IoU''<' of L'uiiiiiioiifi *j,i < 
 
 Piaiis, in ip.-, iVc. jiroduccil lu'lore Cum- | 
 
 initli-c on Private Hill 2-.H) 
 
 i.l..»Mt.Ml ill Private Bill Oliic, '->.'. I--,' 
 
 Po;;cy5, Sir U., ra^e of ".U/l 
 
 Pol.', Jii'iaijiies lie la, i-as-c of ili. 
 
 Pulien, 1.. III. Ion, iMTiaiii, in ly uut vole | 
 
 lit Klei'tioii> 71^ 
 
 Pol|.cli<rli!< may not vot'j at lileclioas.. ib. 
 Poj'be coiiiilatus, I'ceri! excinjit from | 
 
 att''udiu? ... 23 , 
 
 Po«taye, pi-tilioii> .«eul free of 27J/i i 
 
 PoMtiioriie duties, per>>oiis fariniii},', dis- | 
 
 qiialilii.'J to vote ul MIfCtioiid 7i) 
 
 Po.'it Ollii;e, placeman in, may not vote '."> 
 Pi>^tponiu{; a (|ii('!itioii, motions for .... 1.'t7 
 
 jirccedeiite of a inoliuu forUO-l'-i 
 
 Po'.ver of Parliuin.'iit 13 
 
 l'AI>f 
 
 PrBVcr." read in I.onU 7J,~ui Coininonu ia.% 
 
 I'rram^/le of a Hiipp' . Bill SOr* 
 
 Pn-ti-dtuee of ^|l|.•!^lloll^ prn<Tally .... HO 
 
 f I .anU Spiritual fi.5 
 
 if l.onls 'r<'iiiporal 70 
 
 PreriMli-als lor tlie foriiiatniii »d' Private 
 
 HilU -"-"•• 
 
 Prevaricaliaii \r. of \\ltll^!^^e^. ....... . ;tl."» 
 
 PrCVioll.>i (pn'-tloli, w lii'ii l>r tixsd 131 
 
 ,111 not Ix" n.>ed III Colli' 
 
 initlrr 130 
 
 when III III' put Ill 
 
 prrccilciicrof niolion fm I KM 7 
 
 i-aiiii(.t 111' ainrndeil 1 IJ 
 
 I'riiit ipli- ofa Hill, pililiiia n^aiimt, nvIh ii 
 
 til III' pn'M'titiM' »'^ I 
 
 iiiih', of a liili, dt'liuli'd on Us 
 
 lir>l rrailimr l(i.i,W7 
 
 Priiitril papi'rs,pnl)llr:illoii of 3'-.'.i', Iniw 
 
 far priv ili-anl -11 <Vi . 
 
 Priiilirs of railiaiinutar.v protinliiips 
 
 pnvili'ifi'd. I' Ml" I It "fl 
 
 Priiitiiie of voli> ami procrciliiij:i. of the 
 
 li.inM! 3Jln 
 
 Priur.-, niiiiilirr ol", I'oriiiiil) iii I'urlia- 
 
 nniil C'i 
 
 PriMinrrs liv oiilcr ofliie Iloiisi', how 
 
 kipl 3-J7 
 
 ma\ III' I'li'iii'il 111 I'.irli iniiMit. . 8S 
 
 ill ratlin! > iif our IliiiiM', ili'^ir- 
 nl 111 ;.'i\r r\ iili'iiii: brfori! till otiitr.. 3!t". 
 l'Ti»Oll-IO0lll!' of llollM' of ('oiiiiiioii> . . 3','tJ 
 
 Privati; .\cis, linw lar Mraiigi-rs an- af- 
 
 fiii.Ml liv 22<» 
 
 Hills "IT /iill.i. Pnviilf. 
 
 HillOlliii', iliitir>-.l(;ii'rk> in .250-1 
 
 HilU, plaii>. maps,AM'. 
 
 to 111' ili'jKivili'il tlii-ri'iii, !2."il -0 
 
 Hill ll.'j;isi(..r 2.-.0 
 
 Pri\ ill').'"". « lial it i- 17 
 
 pi'i'iiliar of Lord Kiii'.'-ale 21/' 
 
 of I'arliamciil, how drliiii'il I* 
 
 iiiiw far Jill!;! rs i.aii lakeiopni- 
 
 zancr of I7.1'»,|i; 
 
 how to III- dL'tt-rniiiird ami ili-- 
 
 tiarcil 1(5-7 
 
 hrcarli of, mm.- ISrruih of Pnctlio, 
 
 ini>tioii> relaliiif,' to lll:^tl^r^ of. 
 
 itlwa) ^ ill crilrr 13'.', I I I 
 
 of one JIiiiiM', violali'il lix tin' 
 
 oilier .". l()l»,3IC 
 
 of the two Houses ^^itllrl^pecl 
 
 111 evih other 31 1- I'J 
 
 )f I'arliaiai'ul to.suiniuuii w ltne.'^^- 
 
 e> 313, ext III of 310-1'. 
 
 Coiiiiniltie of -iHa, *J."ti — i out e -ted 
 
 Mlerlioii.'. toriiierly liieuleil by -'85ie 
 Prnile;.'! .1 of the Lord.- — Coull.•^l•llor^ of 
 
 the Crown l^, tV>' 
 
 Iiereilitaiy I pper lloii^e 
 
 of I'aili.iinciil 1^ 
 
 of l'rii\io> ib. 
 
 may '^ijk'n papers with title 
 
 only... 20 
 
 dixlanii;; upon honour in- 
 
 .-lead of oath l/' 
 
 Trial by his Pcor.«, 20-1 — 
 
 c.verpt in certain euDes, . . 21 
 
 does not extend to Ul:>hop8 ib. 
 
 iJcunJalura Magnalimi. . ■ 'l-'' 
 
r.!-.M.K/\l, IM)I..\. 
 
 Xli 
 
 I \(.r 
 
 ic 
 
 •li'iii litiiii 
 
 .".' — Id w hat « u«cs 
 
 ■Mend 
 
 I'rivilrgfs of ltt<" l.oi'l? — I' 
 
 it iloi--- not 
 
 Ill' Kr:iiikiii^' \i7 
 
 riMKniiltni),' a I'uur tir In.-' 
 
 MprvMiit S3 
 
 Ivvfitipt IVoiii ('Diirt.O'ldi'i, 
 
 Militiii, SliiM-iir toiiriis, Ji 
 
 •K.f 
 
 f* 
 
 Piivil' m > oi tilt I. I.: -P«il].imuiit.ir>. 
 wlini ||ip\ riiiiiinniti' ] . 
 
 rrivilrjft's ol'llio lliiusP of C'niiiiiioiig.— 
 
 liiil iinilcfmablf 3V,»;i-4 
 
 cxtiiit fif 4J.| 
 
 HjMiilicr's rluiriis fioin the 
 
 Km:,'. .p(> Spraktr, 
 
 :i» to -iip|>ly ;) 
 
 I>o-i«' roiMiiiitii- tb. f I iiniiiriii? iiito.lcrtioii-, 
 
 ih. 
 
 ih 
 
 lb 
 
 , . tJDMr lioil^i'H not to lir I'll 
 Irri'il liy odiirrt of jiistn'' 
 w itlioiil s|icci:il w!irriiiit . 
 
 • iiuiiiilyiii^ I'li'iplniiis 
 
 . sitting' i-ovorc:ii in comls of 
 JiistiiT, «tnl with juili;i! 
 
 u|iiiii till- Ik'M' Ii 
 
 . ciiiltioj loll* their nnhjlitv 
 hut l>y .itt.iinilcr or iliMlh 
 . no (l:iy of (.Taci" alloucil ill 
 artioii< w hiTi! thi'y iir'' 
 
 phiinlilf^ >6 
 
 ■ ('\i<iii|it froiii o.'ith of iilli- 
 iriiint't;, cxci'pt ill I'iirlt., \- 
 from oatli of Mi])r<'iiiai'V 
 
 utiill ". y;i 
 
 . not to conlrlliiiti; to <-x- 
 
 pi'ii^t's of kiiii.'lit> ofithiro 
 
 . to l)(* siiniiiioiinl to chnri- 
 
 crry hy lf'tli'r-nii»i»p,»^r. 
 
 . iiiiy tipixiint ilpptitii'.i to 
 
 their ollices ih. 
 
 • if Jn^ti(efi of the peace, 
 
 need not lie rcsidi'iit ib. 
 
 . IIS to l>eiii!r l)ankrn|)I.N. . . . lA. 
 . nriy In; helieadeii in>teud 
 
 ofhnn|7i>(l i7>, 
 
 . may wear swords in London iiii 
 . creatioii-inoMoy they may 
 reet'ive iinalleaahin from 
 
 their titles 
 
 . former privileeo ns to ju- 
 ries on matters relating' to 
 
 them 
 
 . of killing the Kii:?'K deer 
 . their carts and carriages 
 expinjit from Kiiij,'"!" .service ih. 
 not compelled to give evi- 
 dence before llousi; of 
 
 rominons t!T 
 
 Privilege they formerly 
 jio.<)se«!-ed himilar lu bene- 
 fit of (Mer^'j- I/';. 
 
 e.\enipt from ferviii^' on 
 
 juries tb. 
 
 mav not be ap|>rovers or 
 
 bail i ih. 
 
 to !(!• uttcndrd \>y Judges i!7-8 
 
 lft< 
 
 . trecdoni of sprecli 
 .their lives, works, &'c. not 
 i,, !>e po5thtimon.'-ly pub- 
 lished, without consent of 
 
 )icirs, &r ib. 
 
 . as to ronferenres HIKI 
 
 ■ a.f to messa?ei« 3UG 
 
 . when Lords have no pri- 
 
 vileire ae-'.t 
 
 .complnintof breach of, how 
 
 In be made 29 
 
 . «iinimar\' of. UO-1 
 
 of their member-. ;13 
 
 I of iinpciicliiri'iit th 
 
 of rciiioii>traji( i> ib. 
 
 of I'Vankiiit; Xt-i 
 
 I "f expelling their iiicin- 
 
 I ber.s :t| 
 
 ib. of freedom from arrot ;M-.T7,.VI 
 
 >f speech :,4,j,-i 
 
 free access to the Km;:. . . r)C 
 
 favourable coiistriirtioii on 
 
 pro('eediiii.'K .'r, 
 
 c.\te.,t 111', with re.'.peet to 
 
 piiblicatiuii of printed pa- 
 
 pcr.i II 
 
 cnmmeiicenii'iit of. <J1 
 
 Privilejted party, how delivered out of 
 
 custody 3(i 
 
 Privileged <|ue...tioiis KM 
 
 ; to adjourn l'J7,irW 
 
 ib for order- of the ilav IU:{ 
 
 Prott'ediii(!.s hetwcen the two llmiics Il(n,:i|l 
 
 ih. of 'III! Iliiiise, to receive a la- 
 
 viirable ciinsirurtion from 
 
 ib. the Kill); hd 
 
 rerialii, not all'tcted by pro 
 
 roKatioii or dissolution of 
 
 r.irliameiu J56 
 
 Proinulyniion of tin; SSinliiles 190-01 
 
 Property (|ualitiiaiioii of voters 74-5 
 
 of Menihefu of the 
 
 House of CoiiiiiinilM W> 
 
 Prorogation, Session closed by 553 
 
 , r.leclioii Ciitiitiiittvc not 
 
 dissnlvcd by 117 
 
 Prolpstation of Coininons to James I. on 
 
 tlieir privilepes r>.» 
 
 Piiili.xls i'riviliReof Peers as to '20 
 
 Piovisioiis of a bill, petition against, 
 
 when to be presented 'Jf-1 
 
 Pro.xy, vole hy 18,7 1 
 
 • ■ wlien not to be admitted 18 
 
 '..■ entered ill the Proxy Hook 71 
 
 Publication of piintcd papern by llous-e4| kt: 
 e.vicnt of privilege with re- 
 spect to 43 I 
 
 Public Accounts to be annually laid beforr 
 
 Parlianiniit ' 2fi0 i 
 
 Bills, see Bills Public. 
 
 Money, nioiioi.s and applications for, 
 must be lecotnint-nded by the 
 
 Crown 207 
 
 Works, scrulinv which HIIIh rola- 
 
 latiiiR to receive 194n, 195,201 
 
 Petitions, referred to n Sessional 
 
 Committee to report on their 
 
 contents 283 
 
 jirocccdingij of t'oinniitlee 
 
 on 283 4 
 
 Punishment of Members not attending 
 call of the House '^V 
 
 ib 
 
 ib. 
 ib. 
 
xlii 
 
 GLNCRAL l.NUE.V. 
 
 nor. 
 Qiiarrvli lic-lwucu Meiiiljcr4, iiiotioiit re- 
 
 liitiiif to 144 
 
 See Miiundtritandingi, 
 Hwt'KW, seu King, 
 Uuebiiuim, ditTcreiit form of, 134, <li'. 
 
 prt-redciico of, niiionirnt Itiniii ■ 
 
 solvnn 110-7 
 
 co-rtisliiig 145 
 
 ni|uivulctit i6. 
 
 iliviilin^ a complicBled Ml 
 
 if rujeciod inny not lie oliornl 
 
 ii)(uiu that sc!i»i<)ii,l4r< — liuw 
 thi.t rule kIiuuIiI be cou- 
 
 Mrued. 1 18 1) 
 
 seu Pretiouu Quettiun. 
 
 Quorum, number rcquiri'J to rii;ike a .. l-'i 
 
 rcaxoii of this nuinlxir \MTin 
 
 of a Coinniilten "Jft't 
 
 ifthorcbe no, upon a division \'M 
 
 Railwuy bills, spi-ciiil ordern as to 'iOI.'JI.'t-IP 
 Hank of Speaker of the 11. of Coininoiis 57 
 .... see Prtcedence. 
 Reading Bills, not to bo read twiro thn 
 
 tame day ItiO 
 
 addition to this order I(!7n 
 
 Reading papers, motionn for 144 
 
 Rei:uding, insisting, adherinp, &v. from 
 
 iiniciidmcnts objected to by 
 
 other House 140,147 
 
 Recess, Coinmitt'-es during I5'2 
 
 Rcuognizunce, Election, for pnyiiiciit of 
 
 costs U)5,l(>8 
 
 how forfiili'd no 
 
 estreated 11!< 
 
 Rc-coinniitinent of a Kill l7.')-4 
 
 of I'rivuto bill i.''.i;i.4 
 
 of Rill, to receive amendments 
 
 of a pccuniiiry nature 'JOD 
 
 Reflection on members, or the House, by 
 
 individuals TA> 
 
 Register of voters, petition against. .. . 118 
 
 Private Bill S.'>0 
 
 Rejected petitions i27T 
 
 Renewed petitions (contested elections) 100 
 
 Remind, mesioges to tiU!) 
 
 Report of Committee on a Private Bill 221-2 
 Representative Peers of Scotland and 
 
 Ireland 6Cn,0" 
 
 Reprimanding a member <.)'J 
 
 Resolutions of one House mu.><t not be 
 
 considered law 47 
 
 Bill brought in upon I(i4 
 
 difference between, and orders.. 149 
 
 Restitution in blood, bills for, to be 
 signed by the King, and originate 
 
 iu the House of Lords IGOn 
 
 Return, petitions complaining of no re- 
 turn, or >iu undue one, see Election 
 Petitions. 
 
 Rcturni, double PT 
 
 Returning officers may not bit in Parlt. 83 
 refusing to receive votes at E- 
 
 lections 8? 
 
 Rit,'hi of Petitioning 275 
 
 Riirhi", Bill of. <pioted 4(l,l57,27(i 
 
 Roll, from whi' !i Peers are railed 12? 
 
 ,t( Pct-rs ke;>t by ilie Heralds. . fif) 
 
 i; ovil A*-;"!!! to Siinply Rim 27^$ 
 
 rir.i* 
 
 Royal .Assent to other BilU, how given. 185 
 
 I'uinily, ni>t, as Kurh, Lords of 
 
 I'iiiliiiment 67 
 
 created Lordx {j'^.d 
 
 I tiiii'och, reported n;5 
 
 . Rules nl' proceeding should be strictly 
 
 I observed tl'J,l5l 
 
 I • ... as to Mi'M<ni(e 30^ 
 
 Russel, .Sir F. first eldest son of ii Peer 
 who silt ill the House of Coinnioiis. .. . 77ii 
 
 Rydcik added lo Hills \;j 
 
 I ..' to Private Rills 227 
 
 I 
 
 SalnricK of Clerks : 23 
 
 Suit' and purcliiise of Lund, Bills for tlie, 
 I sec I'^sllltr Jllllf. 
 
 SidiitatioiiM oil eiiteriii)r (louse (if Lords V^ 
 
 Mouse of (.'oniiiioiis il4 
 
 8i iiiiilaliiiii M»i,'ii;itiini, Lords' privilege 
 
 I IK to J 1.2'-' 
 
 ; Scotch I'lnriige limited 1.7 
 
 ■ Peers, precerlenre of Tu 
 
 ' r.'prtHciitnlive Peers CtijiiiV 
 
 Srotliiiid, Peer of, whin to be tri(Ml liv 
 i his Pe.-rs .'. ':i 
 
 .Siiilajre, definition of -X.n 
 
 ! Scut, Petition to lie allowed to ilefend 
 I contested sc.it, in room of sitting 
 Meiiilier |; ■« 
 
 Seats, gee I'tiifis in thi lluuae. 
 
 Seeielaries ol" .'stiitr. are siiiiinioiiecl t'l 
 I uttcMid House of Peers, with .liii!j;es. . 2'' 
 
 ■ Secretary, .'^|ii'aker''< 32'l»'. J.'i 
 
 ' Seditious LilirN, priviiece fioiii une't 
 does not extend to H'i 
 
 .Select Coliiinitlees in Lords, nr rr kC 
 ' naming Memhers tlii'reon 72 
 
 ill ('oaiinoiis -.Ol 
 
 |iniceediiii:b in -.IIH '.'(i 
 
 I Sec Coiitmillnii, Htlrct. 
 
 Separation of the two Hoiisc.u 321 n 
 
 1 SeptiMiiiial act, defence of its iejrnlity. . . I.'itj 
 
 Serjeaut-ut-arnis, altcnilini,' Lord« 320 
 
 iitlendiiig (Joiunioii'' 
 
 32.'. 
 
 his duties 32fi 
 
 his Salary and Fees .327 
 
 Servants, Ac. oflhe Lorils 31^-320 
 
 At. of the Commons 3211-323 
 
 Session, closed by adjoiiriimcnt 151 
 
 by proroiratioii 153 
 
 Iiy dissolution 154 
 
 Sessional Coiiimitli os 2''n 
 
 Sheriir, wl.'en incliijibic to sit in Parlia- 
 ment Kl 
 
 breach of privilege for Kiiij; to 
 
 appoint Member of Commons a ih. 
 
 Sheriirs-tourns, Peers exempt from at- 
 tending .... 2.3 
 
 Soldiers, private, leave should he ob- 
 tained for their atteiulaiiee as 
 
 witnesses ■- 3I<< 
 
 to be removed from placed of 
 
 Election 70 
 
 Soliciioi '7. iirral, summoned to attend 
 
 House of P"crs with Judges 2S 
 
 Speaker of the House of Lord*, his ap- 
 pointment 50 
 
 his speaking and voting 50,5* 
 
 liis place in the House 70 
 
CKNF.IIAI, INDF.X. 
 
 xliil 
 
 ric.R 
 rpn. 186 
 ti of 
 . . . . 67 
 ... (i:-ri 
 ... IVS 
 Illy 
 
 ..".|'J,I51 
 .... 30b 
 I'ccr 
 
 . . . . 7"n 
 .... r.7 
 .... SJi? 
 
 .'S.\ 
 
 •ji;: fi 
 
 ...3-:(a 
 
 . :i'-'n 
 
 ... M-'.'i 
 
 ... n-jR 
 . . :{-'7 
 
 ... 151 
 
 ... \:<\i 
 
 ... \:>\ 
 ... ii-ift 
 
 . 8a 
 
 \^ to 
 ... ib. 
 m- 
 . . . 'jn 
 
 oh- 
 
 •V nB 
 .. 3lii 
 
 ■A of 
 
 7!) 
 tend 
 ... 28 
 II p- 
 
 ... .^0 
 .. !Sn,,5i 
 ... 70 
 
 •jjcuVor of Ihf ll<>ii«r ofljominoin, »li> 
 
 CI«II<mI ."<|M:ik«T 
 
 hi4 olrclii'ii ..'i 
 
 , sprccli, » l"«'i' "•l««:H'<l 
 
 if tluriiiK » !Jl•.•.^n^ll 
 
 p \r.T. 
 
 
 
 pro tpiiiporf 
 
 prr.'.fllliilioii to till! Kiiiv,. . 
 ilaiiii' prinli'ifi-H, viz: 
 
 Frcciloiii froiii arrcal .'it 
 
 Fr»'«iloiii of spiM'tti .■»t-.Vi 
 
 Free iioco!>s to tlin Kiiii,'... M 
 Fuvoriiblc cuiinlrui'liijii on 
 
 proccGiliiigs ih. 
 
 Tlii'ir coiiipluiiita to be gni- 
 
 fitni>l) rcc«'i\«(| lA. 
 
 Lcuvc to aiiieiiil ilicir ucti 57 
 . rpports iipprovnl, iiiid t.ikuit 
 
 uutli!« ih, 
 
 . Iiiii riiiik tb. 
 
 no 
 
 ib 
 
 po\vcr« uinl pL>ri|uikites lA. 
 
 ilutipft ^'uupritljy M 
 
 tu iM»ui! warrauta for new eicc- 
 tioii« (lurint; rcc-tui <ii), unit 
 appoint u conimi!i.<iioii with 
 
 riiiiilur puwrrv 
 
 , to give u L-uitini; votn 
 
 to prcK<-Mt Kills of Supply for 
 
 the Roviil u>^ciit '.'U;i,~7'J 
 
 , Ins opret'li oil preteutiiig the 
 
 •lIMH' S7- 
 
 . to put question.* H4 
 
 . In (akf tlieChiiir I-J.'i 
 
 . to namt ii .Moiiilier U7 
 
 t» put l|ll*>9tioll8 to WitllObM'S 
 
 iiiiiicr I'Xikiiiiiiatioii 
 
 r.vor. 
 
 Suinmnry of t'oinini'iit' privilrjf* i:»,4l 
 
 .Suiiiiiiiiii.i, \Vrit< of I"-M 
 
 SiiMilii) , I'ltrliiiniiMit not to »it on I>*> 
 
 Supply Itilh, >pe .ViiNfy HUlt. 
 
 ('oininilt)'r of ■■i!"' 
 
 I'riMnililo i)f V>K 
 
 Villi'.'', lilll^t iiriif ili:ile lu ('olilinit- 
 
 tt'i»iif the Wlii.lf i6. 
 
 Siipplie!i,iiriKin \r. of tlieir tiring f;raut> 
 
 ril liy Parliament id'i 
 
 )i(il(inof cdutrol uf llou>« of 
 
 CoinmonK ov^r «(<6 
 
 priv ileifi'9 ehiiineit liy the Coin- 
 
 liioii« iiK tlirir right with rorpi'i I to 
 
 llilU of JAJti-'-if'? 
 
 !<iiprpniiicy, onth of, Pc-rs exempt from 
 
 I t.ikinif.' -5 
 
 ' Swortl*, Peers priv ileged to wear id Lud- 
 
 ' don 2»i 
 
 Tiii-kinf^ other mils or clause* to Supply 
 
 iti!N, hiuhly irregular ^1 
 
 'railliil{C, ilefinitiou of 'Jfi^ln 
 
 'I'iixiit.oii of coiits uu Private itilU '.till 
 
 Tax hilla, petitions not to be lecoivcd 
 
 iiLMiii>t any, of that kf^Mou '■?7'' 
 
 'I'rlliTn on a iliviMun l'-^ 
 
 Ti'iii|>orury aits, iluraliun of, where tu 
 
 lie ••Xpri'<!'ed •''' 
 
 Truant for life and in tail, consents tu 
 
 K>tali' Hiils when the petitioners are 2^:^ 
 Time for entering and sitming Protcj-tii, 
 in the Clerks' 
 
 I U.H.k* 21) 
 
 an ProJiici K' 
 
 suinumry of Ills dutit'M {,1 
 
 has tliu appoiiitinent o( the 
 
 Chaplain 32.-J 
 
 iSppikrr's Seeii-tary IKIh.IW.'i 
 
 Spoakinv twice, out of order '.MfO 
 
 rules as to y.'i.ltli 
 
 di.iorili'rly lMi,!i7 
 
 time for .Mi'iiiIhts to apeak on 
 
 rrailiiiu of liilb I(i7 
 
 See Drball 
 
 Speetli of .Member on presenting a peli 
 
 tioii 
 
 Mi'iiiber, readintr his 
 
 from the Tlirone reported .... 
 
 Speeclies of Meinber.i not to be iiublish- 
 
 eil 37 
 
 publii-'jtlon of, not pri- 
 
 vilej,'(;d 37,43 
 
 St.indinp Coinmittei's 2t?d,2e« 
 
 ^umdini; Orduia on P:ivaio Hills, Com- 
 mittee on 203 
 
 Member may call for iu- 
 
 tbrcrinent of 103 
 
 Stntntes, promulKation of lUO.l'JI 
 
 Stockd.ile V. IIuii.«ard, case of 4U4C 
 
 Strangers niiLtt withdraw when a Mem- 
 ber take." iiotiee of their be- 
 ing present 10.1,129n 
 
 must withdraw befora u divi- 
 sion 12i)n 
 
 Striking in theKing's p:iia<c or presence, 
 
 piiiii.'<hiiioiit of 29n 
 
 ijpiritual Lords, See Lords Spiritual. 
 Suiiiinary of Lords' privileges 30-31 
 
 Title ofa ilill IcO 
 
 Titles, Foreign, Hriti>li subjects nisiy not 
 ai'rept without tlie consent of their So- 
 vereign W 
 
 Trade, Staiidini? (.'omniittee for 2e6 
 
 Traitors may not vole at Flections 7;^, 
 
 or be .Members 81 
 
 Trea.xoii, privilege from arrest docs uut 
 
 extend to '.ftSti 
 
 j Tre.iMiry, Koyal, Mace deposited there 
 
 at close of Session 32.) 
 
 2r'2 Ti iul, by Peers, of Lords 2f>,2l 
 
 102 w lii'ii to be ill full Parliament. . .22it 
 
 12i . Trinity Colb'K*'i Dublin, sends .Members 
 
 to rarliami'iit - 2Ki 
 
 -7.'» 
 ... 71 
 
 Tr>ersof Petitions in l>ords 
 
 'I'umuituous petitioning 
 
 Turnpike roads (in L'eland) special 
 prool's required to be given before 
 Committees on Bills for 
 
 T) thes. Lords have no privilege in suits 
 for 
 
 215 
 20 
 
 Under Clerk of the Parliaments, see 
 CUrIc of the Houtt of CummoHS. 
 
 Univer.'-ities tend Members to Parlia- 
 ment 79,80 
 
 Vacancies in House of Commons, by 
 
 death or otherwise 88 
 
 Members elected on, introduc- 
 tion uf 93 
 
 Fees formerly paid by them 93«i 
 
 Verbal .Messages from the King 30ti 
 
 Vole of Credit SW 
 
 3B 
 
Fl^^ 
 
 xUv 
 
 (.K.M.KAL I.MII.X. 
 
 > ote, rantinir, of ilif S|H!»Kpr . . i.d 
 
 .... claim lu, lit •■N-i'(iiiii III' lri>li rf|iii.- 
 
 kciiiativi- I'lfrs COm 
 
 Votes, li.-l of oliji'i'icil, to lie I'xclianRi'il 
 lirluNuii thi! |iurlie« lu ciixrA uf 
 
 ('iiiit<><>iR(i Elpciinna Mln 
 
 • •.. of iliA llouiio iif C'limiiioiii', |iriiit- 
 
 iiU'of .TJIn 
 
 rrfiTiiirr niiiy l>o 
 
 niiiilr lu ill I'riitioiia ur doljuti! ....... ih 
 
 Viiiiiii; 111 the l.iinia JMH 
 
 ill llic ('oillllioila |-J<l 
 
 mil'), of \M\ 
 
 ill tli<? ('niiiiiliiiii I.i>gii.|iituri^ . .. i6. 
 
 Sfi) IJirisivHS. 
 
 W'a>;<'», foriiiRrlv piiid lo .Member* of 
 
 ruiliiiiiidit 4I,!M 
 
 Pfcrs not III roiitriliiitR tu *St 
 
 wlieii ilistuiiliiiui'ii !)| 
 
 • allow ril III ("niiiidiiiii I.r>j,'iAlnturu !('.' 
 
 uiiiKiiiit of ih. 
 
 WiiiviT of |<iitili-|rr. what ioii»tiliiti!ii a i.1) 
 Wavcil, |)ri»ilrf.'o of riirliuiiiciit cannot 
 
 1)0 *.1»,.T.t 
 
 n IVcr niiiy wavv liiii pcriionul 
 
 jiriviloijeii yj) 
 
 NVarrunl* in be issued by S|i(Mik«r for 
 
 iH'w i:iertioiis during n-i <•»» fin 
 
 Wuyn nml Mimn.". Coniiuitli-i- ol 202 
 
 \ViMmiiist»-r, act n-pulaiiii^' public 
 
 iiii>r>tiiit;s ill ^J^dn 
 
 I'niTs limy « I'lir swoiiLi in . . il(l 
 
 Willows of I'l'i-ry unit IMinorK liarf no 
 
 privilcyi- of Farlianiriit '2'.t 
 
 Williiiin tlif ("oiii|u»'ri'r, tlic icuurc of 
 
 liixlioii.s altered by ();i 
 
 Will^, I'eerit have no privile^'o a'.'iiiii.vt 
 
 proving' of ',»8 j 
 
 Wiiirliesler, Itiyhop of, his prccrileiii.-i! 
 
 ill liou»e of l.oriis Cr>\ 
 
 Willulruw, iiieinber to, if concerned in 
 
 the ilebatrt 101 
 
 WllhiU'uw.'il of petiliiMiv IJT" 
 
 of election petitions Ill*' 
 
 f petition for a prisMle bill . . . 1*04 
 
 of a Rill, and new one pir-enl- 
 
 '■•j rj:',i'.;>,-jof 
 
 W'ltiiet.ii'n, pimli-p: ol rarlmiiienl to 
 
 ■uiaiiiuii •'"'* 
 
 M.nt o«" :«!•» 
 
 wliiMi III be proilin-ed .'tl.t 
 
 form of exaininuliou of ;<i:i-l I 
 
 if nnalile lo attend Ml I 
 
 r'pe..krriiiil> to pnlipieflioii^<lii '.il I 
 
 prcvani ulioii, iVr. ii \iK, 
 
 protiJi led by llie lliiu>'a, and 
 
 privib'L'f^d I'roui arrest I'l. 
 
 report of evidriice I'l. 
 
 tidlilittiii); l'eer> into llmi-e of 
 
 (^'oinmiiii.'i for e.viiiiiinniioii. . . i'> 
 
 Jniltiei fftr do ,'llt; 
 
 if ill eil>|, Illy of llie other lliiii.M- |/>. 
 
 bow far they can be i-oiiipi-lbd 
 
 to alti-iid :<!•• r; 
 
 fees for »weariiiL', (in l.oiil.. , . . ■;.• 
 
 on i;iiprjcliiiieiit;< ;t..;; 
 
 linl of rei|ilircil, lo be deli»»riil 
 
 lo the lloilite on the coii^iibi- 
 ntion of all I'.lertioii pi'lition I Mk 
 
 liieinberMif I'lirliaineiil e\ei:ij t 
 
 from beiiii.' '..'.> 
 
 WoiiM'ii may iml vole at llleriion- *i".— 
 or be liieillberH of IIoum- of roimiMMi- r^ I 
 
 W'ord.i of heat in deb:it<) '. i 
 
 >\'ork«, iVc. of I'eern, not lo be pn-il.n- 
 llloll^lv pnblished without loifi-ni >■( 
 
 heirs, Ac •: ! 
 
 Writs of I'.'rror in llou>e id' I.or.l-. . . . ;;■» 
 
 of lliibeas Corpil.-, |ri.ile'_-e I'l mi 
 
 urre.il does not i.xt'i iI In 't - 
 
 obeviii:.' ''<i 
 
 of lioiiiiiie repleui mibi ih. 
 
 of wilherii.iiii •■'•. 
 
 orMliiiliiuii'' i-J 
 
 Iil.oliirv of llo' iiiiliiiiMi. 
 
 rliiil.tr III, App. p. A'>i. \tii. 
 
 iiiolioMs Icir new, prii ii<':.'ei| . 
 
 > for new Mlertiiiii.> on i.h ii:riii 
 
 dm I II u M»iiiii 
 
 il II II 111' rert»» 
 
 lii:i> I'l: haptro-'b (1 
 
 i:i.' 
 
 Y:ai and \.i.\ •, hf'w i,>l<«ii iiiCi>i 
 I.i'L'i:litiiire 
 
fhir 
 
 to 
 
 
 • • • 
 
 ;t!:? 
 
 . 
 
 :ii*i 
 
 . . • 
 
 :ii;t 
 
 :<i;t II 
 
 > • • 
 
 :<!> 
 
 Kill 
 
 :ii 1 
 
 
 at:> 
 
 llltil 
 
 
 ■ • • 
 
 f''. 
 
 • . . 
 
 III. 
 
 .• ..1 
 
 
 
 !'• 
 
 < ■ • 
 
 :ii»; 
 
 Mm- 
 
 1*. 
 
 II..I 
 
 
 . :iii 
 
 1 17 
 
 • • ■ 
 
 :t...: 
 
 ml 
 
 
 It. 
 
 
 >ii 1 
 
 11./: 
 
 iij t 
 
 
 I* 
 
 ;.;• 
 
 •» — - 
 
 •III* 
 
 rl 
 
 • • • 
 
 : -i 
 
 l.u- 
 
 
 ■III 
 .1. - 
 
 '.','1 
 
 
 :■(; 
 
 th. 
 
 • ■'■. 
 
 • . • 
 
 I-J 
 
 nil-. 
 
 
 \ii. 
 
 
 
 i:i. 
 
 II 1