t ,l » l l , lll , l ^ pl^» mm Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017874326 Cornell University Library KD 4354. AS 1857 The Decisions of the Right Hon. Evelyn D 3 1924 017 874 326 THE DECISIONS OP THE BIGHT HON. EVELYN DENISON, speaker of the House of Commons (April SO, 18S7— February 8, 1872), AND OF THE RIGHT HON. SIE HENRY BOUVERIE WILLIAM BEAND, G.C.B., speaker of the House of Commons (February 9, 1872— February 2S, 1884), ON General Practice of the Wouse. EDWIN GORDON , BLACKMORE, Clerk of the Legislative Council and Clerk of the Parliaments, South Australian Legislature. Adelaide : By Atithority : C. E. Bristow, Government Printer, North-terrace. /i / r^-^r^ In this volume will be found the decisions given in the Chair of the House of Commons by Mr. Speaker Denison (1857-1872) and by • Mr. Speaker Brand (1872-1884) on Points of Order, Rules of Debate, and the General Practice of the House of Commons. These decisions have already been collected by the author, and published from time to time by authority of the Government of South Australia.* But as the volumes in which they first appeared are out of print, while the demtod for them in the various Australasian Legislatures and elsewhere has increased, it has been determined to authorise their re-issue in one volume, in consolidated form. It is hoped that in this shape the compilation will be more convenient for reference and research, especially to those who are suddenly called to decide any of the questions of Parliamentary Practice herein dealt with. The work will be found to contain more than 700 rulings, while the number of cases cited exceeds 1,700. The various Parliaments of the Australasian Colonies have, by specific Standing Orders, wisely decided to follow the practice of the House of Commons in all cases not provided by their own Rules and Orders. It is this which gives such value and importance to the great text books of Hatsell and of May, and makes a study of the Journals of the House of Commons a duty incumbent upon those who are called to the high office of the Speakership, and upon those oflicials to whom the Chair ought to be able to look for advice and assistance. The decisions given by the eminent men who have presided over the House of Commons form a running commentary upon the practice of Parlia- ment, and are, indeed, necessary to illustrate the application of the Law of Parliament to questions constantly arising. In presenting these decisions in a form differing from that in which they first saw the light, the author desires to record the obligations he is under to the late Sir T. Erskine May, K.C.B. From the very com- mencement of his task that great- authority welcomed him as a fellow worker, and aided him by assistance and advice. To the present Clerk ■ of the House of Commons, Sir R. F. D. Palgrave, K.C.B., the author is no less indebted, not only for a generous appreciation of the past compilations, but for correspondence extending over a series of *" Decisions of Mr. Speaker Denison in the Chair of the House of Commons, 1857-1872," I vol. "The Decisions of Mr. Speaker Brand, 1872-1884," 4 vols. IV. PKEFACE. years, in which every question of intricate Parliamentary Procedure, as well as constitutional usage, submitted by him has received the fullest elucidation * To the late Right Hon. Sir H. B. W. Brand, G.C.B., Speaker of the House of Commons, and to the present Speaker, the Right Hon. Arthur Wellesley Peel, the thanks of the author are specially due for expressions of appreciation, not only in private letters, but on public occasions. In conclusion, it is hoped that the present volume may not only be a useful handbook to those who have occasion to use it, but may be a means of keeping the practice of younger Legislatures in harmony with that which is tTie result of the ripe experience of centuries. EDWIN GORDON BLACKMORE, Clerk of the Legislative Council, and Clerk of the Parliaments, South Australian Legislature. October i8th, 1892. * To those who have to preside at pubUc, board, shareholders', or societies' meet- ings, Sir R. F. D. Palgrave's " Chairman's Handbook" wiU be found an invaluable Manual of Procedure, meriting the encomium passed upon it by the late Sir Erskine May in the last edition of his " Parliamentary Practice." EXTRACTS FROM LETTERS TO THE AUTHOR IN REFERENCE TO "DENISON'S" AND "BRAND'S DECISIONS," AS ORIGINALLY PUBLISHED. I From the Right Honorable Sir H. B. W. Brand, G.C.B., Speaker of the House of Commons, 1872-188*.] " The work shows much research and exactness, and 1 feel personally indehted to you for collecting together a manual of decisions which, I hope and believe, are founded upon the ancient usage of Parliament." [From the Right Honorable Arthur Wellesley Peel', Speaker of the House of Commons.] "You have put me imder a further obligation by your letter and by the copies of the ' Decisions' for the vears 188t. 1888, and 1889. I value the whole series, and a,m glad that the work has "been undertaken by one who brings to it so iruch ability and judgment." [From Sir Lyon Playfair, Chairman of Committees, House of Commons.] " February 23rd, 1882. " They form a very convenient compilation for reference, and, I think, will be useful to your Legislature as well as to our own." ■ [Extracts from letters of the late Sir T. Erskine May, K.C.B., Clerk of the House of Commons.] "Exceedingly well finished and arranged." " June 24th, 1881. "July 2l8t, 1882. " I have no hesitation in saying that it is a valuable contribution to Parliamentary literature, and does you very great credit." ,,..1000 "August 17th, 188.5. " I am glad to have an opportunity of congratulating you upon the success of your labors. The collections of -decisions of several years, which you have now completed, must be of the greatest value to the ParUaments of Australia. The Speaker desires me to acknowledge his sense of your kindness in undertaking the work. [From Reginald F. D. Palgrave, C.B., Clerk of the House of Commons.] "Aprillst, 1887. " We are all highly indebted to you for this most useful result of your devoted labors." Ti. EXTEACTS FROM LETTEKS TO THE AUTHOR. [From the late Alpheus Todd, Librarian of the Parliament of the Dominion of Canada, author of " Parliamentary Government in England" and "Parlia- mentary Government in the British Colonies." 1 " I have been indebted to the kindness of friends in Australia for a copy of your two useful little volumes of Decisions of the Speakers' of the House of Commona (Denison and Brand). These books I hnve given to the newly-elected Speaker of our Canadian Commons, by whom they are highly appreciated. A leading member of our House, and an ex-Premier (Honorable Edward Blake), having seen the volumes, is anxious for copies to be placed in our Library for the use of members." "Libraiy of Parliament, Ottawa, Canada, October 13th, 1883. " Your valuable little volumes attracted so much attention with us as to make me anxious to place them on the shelves of our library as well as in the hands of the Speaker of our Commons." [Extract from a letter of the Hon. C. H. Pearson, M.A., M.L. A., Victoria, Fellow of Oriel College, Oxford, and Minister of Public Instruction, Victoria.] "Of the value to members of Parliament in any part of the world of such manuals as yours there can, of course, be no doubt." [The Tims, Wednesday, October 29th, 1884.] , "The appearance of the series of handbooks, edited by Mr. Edwin Gordon Black- more, Clerk Assistant and Sergeant-at-Arms of the House of Assembly, at Adelaide, is a most interesting and significant fact. All the principal Decisions upon Points of Order by Mr. Speaker Denison or Mr. Speaker Brand are contained in these four convenient handbooks. They contain, in a few pages, the pith of a great many volumes of ' Hansard,' and they will serve as nothing else could to extend to our flourishing constitutional offspring of Australia the principles which are acted upon by the mother Legislature of England. An excellent idea has been admirably carried out." TABIaE OF CONTENTS. ADDRESS IN REPLY ADJOURNMENT OF THE HOUSE AMENDMENTS .. BILLS .. .. .. Preliminary objections Procedure on stages .'. Leave First reading Second readin:; . , Reference to Select or Standing Committee Amendments to Committee motion Amendments in Committee Consideration CoTisideration and third reading Third reading Unusual expedition Money Bills Final stage Title The Appropriation BiU Lords' amendments Indemnity Bills . . Provisional Orders Bills Public and Private Bills Hybrid Bills . . Count out Dropped order . . Debate on stages Resolution for BiU Leave Motion to prepare Second reading . . Committee motion Committal pro formd Reference to Select Committee Standing Committee Select, Standing, and Committee of the Wiole Consideration Recommittal Third reading The Appropriation Bill Lords' amendments Miscellaneous rules BUSINESS OF THE HOUSE CHAIRMAN OF COMMITTEES COMMITTEES VIU. CONTENTS. PAOE. COUNTING THE HOUSE 105 CRO'SVN, THE 106 DEBATE, RULES OF 107-182 Adjournment of debate . . . . . . . . . . . . . . 107 Adjournment of the House .. .. .. .. .. .. .. HO Amendments ., ., .. .. .. .. .. ■■ 118 Anticipating discussion .. .. .. .. .. .. .. 118 Chair, The .. 122 Close of debate .. .. .. .. .. .. .. .. 12S Discussing matter not before House . . . . . . . . . . 123 Introduction of motion prematurely., .. .. .. .. .. 123 Order in debate .. .. .. .. .. .. .. 124 Language permissible . . . . . . . . . . . . . . . . 1 25 Unparliamentary .. .. .. .. .. .. .. .. 127 Exception to . , . . . . . . . . . . . . . . 136 Latitude of debate . . . . . . . . . . . . . . . . 138 Members' conduct . . , . . . . . . . . . . . 140 No debate without motion . , . . . , . . . , . . . . 141 Personal explanation . . .. ., .. .. .. .. ., 143 Petitions . . . . . . . . . . . . . , . , . . 143 Precedence . , . . , . . . . . . . . . . . 144 Questions . . . . . . . . . , . . . . . . . . 145 Reading a speech . . . . . . . . . . , . . . . , 145 Members . . . . . . . . . . . . . . . . . . I47 Reference to past debate . . . . . . . . . . . . . . 14s Committee ., .. .. .. .. .. ._ 152 Debates in Lords . . . . . . . . . . . . _ I53 Reflections . . . . . , . . . . . . . . . . _ _ 157- Relevancy .. .. .. .. ., .. .. ., 166 Committee motion .. .. .. .. .. ._ 170 Privilege _ _ _ I70 Questions .. ,. ,. .. .. .. _ _ lyo Select Committee TeUer 170 Supply 171 Revival of q^uestion 171 Right of reply _' " '[ j^.j Seconder .. ., ,. ._ _ .»2 •V. .. .. 172 on question , . . . . . , . , . _ _ j^o Speaking twice .. .. .. .. _ '" ,.« Speeches outside the House " ' lya The Sovereign's name " " ,-„ "Wearisome repetition . . .. ., .. __ ,on Wilful obstruction .. ,. "' "' " ,0, DIVISIONS .. .. ,,i DOCUMENTS, QUOTING .. .. ," ELECTION .. .. \ll FINANCIAL STATEMENT .. .. ]Ji THE HOUSE .. ;. ]ll INSTRUCTIONS TO COMMITTEES Jsq JOURNALS OF THE HOUSE .. \ll MEMBERS ^^^ Ji96 CONTENTS. IX. PAGE. MOTIONS 207-222 General rules . . . . . , . . . . . . . . . . . . 207 Preliminary objectionB to 217 Terms 220 Vote of thanks ,220 Withdrawal 220 OEDEE 222 PEESONAL EXPLANATION 223 PETITIONS .. .. : 231-239 General Eules 231 Presentation . . . . , . , . . . , , . , , , . , 234 Language . . , . . . . . . . , , , , , , . . 236 Objections 236 Printing 237 Public money 237 Signatures 237 Eeference to Committee . . . . . . . . . . . . . . 238 Discharge 238 Out of order .. 238 Irregular 238 PEEVIOUS QUESTION 239 PEIVILEGE 240 QUESTIONS 251-274 General rules .. .. .. .. .. .. .. .. .. 251 Particular rules . . . . . . . . . . . . 255 Motion to be put . . . . . . . . . . . . . . 256 Notice 256 Absence of member interrogated 260 Adjournment of House . . . . . . . . . . . . . . 261 Alteration of 362 Bills 262 Censure . . . . . . . . . . . . . . . . . . ■ . 265 Complex character . . . , . . . . . . . . 265 Declining to ask 266 Form of 266 Interposition . . . . . . ; . . . . . . . . . . . 266 Irregular . . . . . . . . . . . . . . . . ■ . 267 Language outside . . . . . . . . . . . . . . . . 268 Letter 269 'Opinions . . . * . • . . * . . . . * > • • > 269 Unverified telegrams 270 Language of questions . . . . . . . . . . . . . . 270 Members . . . . . . . . ■ . ■ . > • ■ ■ • • 270 Motions . . . . . • . > • • * • ■ • * . • . 270 Public servants 271 Involving debatable matter 271 Latitude -. 272 Objectionable . . . . . . . . . . . . . • • • • 272 Proper to be put . . . . . . . . . . . . . . • . 272 Eeading questions 273 Belevancy 273 Eenewal 273 CONTENTS. ■QUESTIONS AND ANSWERS General rule . . Latitude Limitation Attempt to debate on reply . . Renew question after answer Raise a further question on answer Second questioii Questions arising from answers Appeal to Speaker Adjournment of House on reply Letter-reading Personal explanation . . Supply Declining to answer . . RESOLUTIONS RETDRNS SELECT COMMITTEES' General rule . . Privilege of attendance Days of meeting Report and evidence . . Question to Chairman BiUs, Hybrid Joint Committee ■SESSIONAL RULES AND ORDERS SPEAKER, THE STANDING ORDERS .. .STRANGERS .SUPPLY .. General rules , . Amendment of Committee motion Count out . ; Explanatory statement Motions on going into Order in Procedure Reference of estimate . . Report . . Supply and Ways and Means Committee Supplies : Debate on Order of the Day Irregular debate . . Report . Debate . . "WAYS AND MEANS— DEBATE .. TELLERS THE TEST BOOK URGENCY WITNESSES PAGE. 274-280 274 274 276 277 277 277 278 278 279„ 279 279 279 279 280 281 281 282-288 282 286 287 287 288 288 288 288 289 296 298 299-319 299 301 306 306 307 307 307 308 309 311 311 313 317 319 319 320 320 320 EXPLANATOET NOTE. (D) indicates a Decision by Mr. Speaker Denison. (B) indicates a Decision by Mr. Speaker Brand. HOUSE OF COMMONS. DECISIONS FROM THE CHAIR (1857-1884). The References are made to the Third Series of Hansard's Debates. ADDRESS IN REPLY. Amendment to. Time for moving. An amendment to the Address can only be moved while it is under discussion for the second reading. Queen's Speech. Eeport of Address brought up and read. On motion to agree to tlie Address, Mr. Hadfield moved an addition to the Address. Mr. Speaker — " The hon. member for Sheffield is quite in order in expressing an opinion upon the subject ; but with ' regard to the proposal he has made, according to the rules of this House he is not in order. The time for moving an amendment to the Address is while it ia under discussion for the second reading ; but after the motion has been put from the Chair that the House do agree with the Committee in the said resolutions, the opportunity has passed. Accordingly he cannot now move the amend- ment. The question for the House is, that the House do agree with the said Address." (D) Vol. 185, pp. 76-8.— February 6, 1867. Second reading : Amendment on report. On the motion " That the Address be now read a second time," an amendment on the report of the Address cannot be moved until the House has disposed of the motion. The Address in Answer to the Queen's Speech. Eeport. (B) Vol. 267, pp. 1064-5.- January 20, 1881. If the House has practically passed several paragraphs on certain public matters in the Address in Reply to Her Majesty's Speech, it would S ADJOURNMENT OF THE HOUSE. be irregular to re-open any debate with regard to the matter of those paragraphs ; but on the report stage it would be competent to move an amendment dealing with such matter. Egypt. Events in the Soudan. (B) Vol. 284, pp. 98, 99.— February 6, 1884. Report, Precedence of. According to the Rules of the House, on Tuesdays notices of motion have precedence, even in the event of the debate on the Address being carried on. But if the Address has been agreed to, and the mover of the Address presents himself at the bar on any ^\\eTi day, whether a day on which Notices of Motion or the Orders of the Day have pre- cedence or not, it is the duty of Mr. Speaker, according to the imme- morial practice of the House, to call upon the mover of the Address to bring up the report, and upon that a debate might arise. Egypt. Events in the Soudan. (B) Vol. 284, pp. S18, 319.— February 6, 1884. Report : Amendment : Re-introduction. It is open to move an amendment on the report, but Mr. Speaker is not prepared to say that the precise terms moved and negatived on the occasion can be brought forward on the report. Address in Answer to Her Majesty's Most Gracious Speech. (B) Vol. 284, p. 86.— February 5, 1884. Report : Delate : Latitude. On the report the whole question of the policy of the Goveriunent may be debated to any length the House thinks proper. Address in Eeply to Her Majesty's Most Gracious Speech. (B) Vol. 284, p. 86.— February 5, 1884. ADJOURNMENT OF THE HOUSE. Right to move. The right of mo^dng the adjournment is reserved by the House to its members. An hen. member having put a question, of wHch he had given notice followed bv some observations, -' put himself in order " by moving the adjournment of the House JWr. hpeaker said, in reply to a question of order, that the House had reserved to Its members the right of moving the adjournment. Administration of Justice in Ireland. Question. (°) Vol. 177, pp. 182.5-1829.— March 17, 1865; The adjournment of the House is reserved for grave occasions. Sir John Pakington made a personal explaoation of an answer given by him on a former occasion, and being followed by Captain Vivian, who said he would move the adjournment of the House, Mr. Speaker said the House had permitted a peraonal explanation to be made, but the right of moving the adjournment of the House was reserved for occasions on ■which questions of gravity were to be brought before it. Army. March of troops to Hoimslow. Personal explanation. (D) Vol. 188, pp. 1523-6.— July 15, 1867. The adjournment of the House is a motion reserved for special occasions. Mr. Newdegate moved the adjournment of the House for the purpose of explaining the case. Mr. Speaker said he could not put the question without reminding the House that the privilege of moving the adjournment of the House upon asking a question had been reserved by the common consent of the House for occasions of urgency. Unless that privilege were exercised with forbearance the result would be fatal to the success- ful conduct of public business. The O'Farrell papers. Observations. (D) Vol. 196, pp. 17-19.— March 3, 1869. Moved on conclusion of a debate. When a motion has been made and the debate thereon concluded by the question being put from the Chair, and a division taken, it is com- petent for a member to move the adjournment of the House, and the discussion on the main question may be renewed on that motion. On May 21st, 1837, the following motion was made and question proposed — " That this House do resolve itself into a Committee to consider the Acts for the Endowment of the College of Maynooth, &o., &c., &c." After debate a division was taken ia due course. After the division Mr. Newdegate moved the adjournment of the House. A discussion arose on the main question, and a question was put to the Government as to their intentions with regard to the College of Maynooth, which was allowed by Mr. Speaker to be in order. Lord Palmerston acquiescing in the right, though deprecating it. (D) Vol. 145, pp. 665-672.— May 21, 1857. Moved notwithstanding motion already on paper. The adjournment of the House may be moved when Supply is not on the paper, although there is on the paper a motion for adjournment to another day. Colonel Sykes called attention to the condition of certain Chinese pirates, and moved the adjournment of the House pro formd. Objection taken that there was a notice on the paper for adjournment to Monday. Mr. Speaker said that Supply not being on the paper there was nothing to prevent the hon. and gallant gentleman from making the motion that the House do no* adjourn. Acting Governor, Hongkong. (D) Vol. 184, pp. 2040-50.— August 3, 1866. A ADJOUENMENT OF THE HOUSE. Limitation on right to move. An hon. member having moved the adjournment of the debate, and the question being negatived, the same member cannot himself move the adjournment of the House immediately subsequently, but it can be moved by another hon. member- Compulsory Church Eate Abolition Bill. (D) Vol. 184, pp. 1448-50.— July 24, 1866. Irregular, to anticipate other business. It is irregular on a motion for adjournment to anticipate a motion notice of which is on the paper. On a motion for adjoumttient, Mr. Newdegate was proceeding to make observations on Customs tariffs, when Mr. Speaker stated that the hon. member, having a notice of motion on the paper for the day, was now taking advantage of the question of the adjournment of the House to enter into the question more deeply than he had a right to do. (D) "Vol. 147, pp. 1690-91.— August 14, 1857. It is not in order, on the motion for adjournment, to discuss a subject fixed for a future day, but a question may be asked with reference to a notice on the paper. Parliamentary reform. Observations. Vol. 153, pp. 330, 331, 333.— March 18, 1859. Troops at Trinidad. Observations. (D) Vol. 153, p. 817.— March 25, 1869. When reply allowed. A right to reply is only allowed when the adjournment of the House is a substantive motion. Parliamentary reform. Eepresentation of the People BiU. Order for Committee read. Motion made and question proposed — " That Mr. Speaker do now leave the chair." Earl Grosvenor moved — " That the House do now adjourn." On Earl Grosvenor rising again to withdraw, and proceeding to speak, Objection taken that there was no right of reply. Mr. Speaker—" The rule with regard to motions for adjournment of the House is this — If the motion for the adjournment is made while another motion is before the House, and during the progress of the debate, there is no reply ; but if the motion of adjournment is a substantive motion, a right to reply has been admitted." Eepresentation of the People Bill. (D) Vol. 186, p. 1505.— April 11, 1867. When to fix date of adjournment. It is usual to carry the adjournment before fixing the day. Motion for adjournment. Mr. Jacob Bright moved the adjournment till Monday. Mr. Speaker ruled that the motion was in order, though the course usually pursued was to put the motion for adjournment before fixing the particular day. (I>) - ■ Vol. 193, pp. 1737-8.— July 24, 1868. ADJOURNMENT OF THE HOUSE. « Precedence. A motion for the adjournment takes precedence of other motions. Mr. Chaplin gave notice that he Trould move to-morro-w that the House at its rising (adjourn till Thursday, and asked Mr. Speaker whether, though moved hy a private memher, that motion would take precedence of all other motions. Mr. Speaker — "I have referred to precedents, and I find that it has heen the general -practice that a inotion for the adjournment of the House should take precedence of •other business. In accordance with that practice the motion of the hon. member will take precedence of the public business to-morrow at 2 o'clock." Parliament. The Derby Day. Adjournment of the House. (B) Vol. 240, p. 1076.— June 3, 1878. A question of the adjournment of the House over a certain day take^ precedence as having reference to the business of the House. Parliamentary Oath Bill, Question as to motion for adjournment over the Derby Day. j(B) Vol. 252, p. 422.— May 24, 1880. The Derby Day. A motion for the adjournment of the House over the Derby Day has, whether moved by a Minister or by another member, according to custom, alvs^ays precedence, and as the question of adjournment over a given day related to the business of the House, it ought to have precedence over other business at a morning sitting. Parliament. Public business. The Derby Day. (B) Vol. 261, p, 1335 and p. 1460..— May 26, 1881. Time for making. A motion that the House at its rising do adjourn till a later day than ordinary should be made after the questions have been asked. Parliament. Adjournment of the House. The AVhitsuntide recess. fB) Vol. 269, pp. 1698-9.— May 26, 1882. Irregular motion for, on giving notice of a question. An hon. member cannot, in giving notice of a question, move the adjournment of the House. ■Mr. Jenkins gave notice of a question for the next day, and moved the adjournment of the House to make a statement. ' ■Mr. Speaker — "The hon. member stated that he proposed to give notice of a question for to-morrow, and he cannot at the same time do that and move the adjourn- ment of the House." Turkey. The Eastern Question. Observations. (B) Vol. 230, pp. 873-3.— July 23, 1876. On putting question. On putting a question the adjournment of the House can be moved, though the practice is inconvenient. An hon. member putting a question to a Minister, with a view to making a state- ment, moved the adjournment of the House. 6 ADJOURNMENT OF THE HOUSE. Mr. Speaker — ' ' It has always been the rule of the House that no argument or debate should be allowed on putting a question. At the same time I am bound to admit that it is open to an hon. member, if he thinks proper, to move the adjournment of the House on putting his question. I would wish, however, to point out to the hon. member and to the House that very great inconvenience would arise if a practice of that kind should prevail. The practice of putting questions to members of the Government, and receiving their answers to questions, is highly convenient to the public service; and if motions for the adjournment of the House were frequently interposed when questions were put, that practice would have to be reconsidered by the House." Egypt. Alleged sale of slaves at Cairo. Parliament. Order. Vol. 232, pp. 978-9.— April 12, 1877. South Africa. The Zulu war. Question. (B) Vol. 244, pp. 909, 911.— March 14, 1879. Moved to debate answers to questions from the Chair. It is irregular to move the adjournment of the House on an answer given from the Ch^-ir. An hon. member having put a question to the Chair, and Mr. Speaker having replied, seeks to move the adjournment of the House in order to make some observa- tions. Mr. Speaker — " It has been my duty on several occasions to point oat to the House the great inconvenience resulting from the practice of hon. members who are not satisfied with the answers given to their questions rising to move the adjournment of the House. If the hon. member is not satisfied with the answer now given from the Chair, I submit that it is scarcely consistent with propriety to move the adjournment of the House." Parliament. Business of the House. The Twelve Thirty Rule. Question. (B) Vol. 237, p. 1539.— February 12, 1878. Moved to debate answers generally. The practice of moving the adjournment of the House, if a member is dissatisfied with an answer to his question, is within an hon. member's right, though highly inconvenient. Accidents in mines. Question. Observations. Vol. 238, p. 1492.— March 18, 1878. Law and justice (Ireland). Question. Observations. Vol. 238, p. 1951.— March 25, 1878. Taxation (Ireland). The Volunteer Force. Question. Observations. ,, „ „ , ^ , „ Vol. 241, p. 130.-June 24, 1878. M. ChaUemel Lacour, the French Ambassador. (^) Vol. 252, pp. 1916-17.- June 14, 1880. A member has a right to move the adjournment, but the practice is most inconvenient when done to debate answers to questions. State of Ireland. Vol. 257, pp. 163-4. -January 7, 1881. btate ot Ireland. Inflammatory placards. The Irish constabulary. }"'> Vol. 261, pp. 649-50.— May 16, 1881. Although it is within the power of an hon. member to move the adjournment of the House to debate a question, it is an abuse of the ADJOURNMENT OF THE HOUSE. 7 privilege to move the adjournment on a subsequent occasion on the same question. Mr. Sexton put a question to the Chief Secretary for Ireland, and after reply moved the adjournment of the House, -whereupon a protracted dehate ensued, Mr. Sexton finally withdrawing the motion, and stating he would put a question to the Chief Secretary on Monday. Ireland. Mr. Clifford Lloyd. Circular hy the Inspector of Police. County Clare. Ydl. 268, pp. 988-1028.— April 20, 1882. On that day Mr. Sexton put a question which dealt with the matter of the former question, and on reply sought to move the adjournment of the House. Objection taken that it was an abuse of the indulgence of the House to make use of the motion for adjournment a second time on the same question. Mr. Speaker said the case was without precedence. " The House is very indulgent to hon. members in allowing the adjournment of the House to be moved before the commencement of the appointed business of the day. That step was taken by the hon. member for Sligo upon an occasion last week, when the same question now raised was fully discussed, and I am bound to say that I consider that to raise again the same question upon this occasion would be a gross abuse of the privilege Ordinarily conceded to hon. members. At the same time I am not prepared, without direct instructions from the House, to say that the question of adjournment shall not be put from the Chair." Mr. Sexton did not proceed with the motion. (B) Vol. 268, pp. 1247-50.— April 24, 1882. Irregular motion for, hy a member who has spoken. The adjournment of the House cannot be moved by an hon. member who has addressed the House on the question before the House. Increase of the Episcopate BUI. (B) Vol. 224, p. 1083.— May 28, 1875. The adjournment of the House cannot be moved by an hon. member who has already spoken on the main question. Blind and Deaf-Mute Children BiU. (B) Vol. 251, p. 410.— March 4, 1880. The adjournment of the House cannot be moved by an hon. member who has moved the adjournment of the debate. Local Courts of Bankruptcy (Ireland) Bill. (B) Vol. 256, p. 774.— August 30, 1880. Irregular interposition of motion. The motion for adjournment of the House cannot be made when Mr. Speaker has directed the Clerk at the table to proceed with the Orders of the Day. ParHameut. Order and practice. Counts out. Observations. (B) Vol. 211, p. 1950.— June 19, 1872. 8 ADJOURNMENT OF TUB HOUSE. An hon. member cannot interpose in the ordinary business of the House by attempting to move the adjournment of the House when the Speaker calls on the Clerk to read the Orders of the Day. Parliament. Public business. Late sittings. Notice. (B) Vol. 235, pp. 688-9.-Jiily 3, 1877. A motion for the adjournment of the House cannot be interposed when the Speaker has called upon an hon. member to make a motion m pursuance of an Order of the House. Parliamentary Oaths BiU. Motion for leave. (B) Vol. 260, pp. 1618-1621.— May 2, 1881. Negatived, Fresh motion for. If the adjournment of the House be moved and negatived, it is not competent to make a fresh motion to that effect vi^ithout some other motion having intervened. Parliament. Public business. (B) Vol. 246, pp. 1024-5.— May 22, 1879. Seconder, Limitation as to. An hon. member who has spoken on the main question cannot second the motion. for the adjournment of the House. Municipal Corporations Bill. (B) Vol. 268, p. 1777. -April 28, 1882. ■ • Matter of urgency : The new rules. The effect of the resolution in reference to the adjournment of the House is to enable a member, on " a definite matter of urgent public importance," to ask leave of the House to make the motion after the questions on the notice paper have been called on. Adjourpment of Ibe House. (B) Vol. 274, pp. 1936-7.-November 23, 1882. An hon. member who seeks to move the adjournment of the House is bound to state to the House the definite matter of urgent public importance which he desires to bring on. It is not for the Speaker to say whether the matter is of urgent public importance. The hon. member states this upon his own responsibility. Mr. Parnell, M.P., &c. ■ Eelease from Kilmainham. (B) Vol. 275, pp. 21-2.— November 24, 1882. If an hon. member desires to move the adjournment of the House to debate a matter of urgency, he must be supported by forty members standing up in their places on sumqions from Mr. Speaker. If less than forty members rise, iVlr, Speaker declares that the question cannot be AMENDMENTS. Q put; but if ■ ten iaeiribers rise in their places the matter may be deter- mined upon question put " That such motion for adjournment be now made" forthwith by a vote of the House. The definite matter of urgent public importance should be brought up in writing. Prevention of Crime (Ireland) Act, 1882. Seizure of the Kerrtj Sentinel. m Vol. 279, pp. 967, 968.— May 28, 1883. A member desiring to move the adjournment of rhe House must pro- duce a written notice .netting forth the matter of urgent public im- portance to which he alludes. It is for the House to judge of the urgency and public importance of the matter by forty members rising in support. The debate on the Address. Adjournment of the House. (B) Vol 284, p. 101.— February 6, 1884. In debating such motion no hon. member must pass beyond the motion of an urgent character which the mover proposed to bring forward. Egypt. Events in the Soudan. Adjournment of the House. (B) Vol. 28.1, p. 493.— February 11, 18S4. AMENDMENTS. General rules as to. Amendments are inadmissable which re-open a question already settled; which are not germane to the question under consideration; which go back to an earlier part of a question already determined. Parliament. Business of the House. The new rules. ■(B) Vol. 274, pp. 892-4.— November 6, 1882. Amendments in the nature of substantive resolutions, and not of amendments relating to the resolution before the House, cannot be put. Parliament. Business of the House. The new rules. Vol. 274, p. 1596.— November 16, 1882. .(B) aid., p. 892-4.— November 6, 1882. An amendment of the nature of a substitution, A proposition which is of the nature of a substitution rather thsin an amendment cannot be put unless the question which it seeks to amend be negatived, when it is competent to -submit the motion. Mr. Fawcett having moved a resolution, another hon. member moved an amendmen thereto, to strike out'e(ll the words after " That," with a view to insert other -words. 10 AMENDMENTS. The House, on a diyision, negatived the words of the original question, and on the question being proposed to add after "That" the words of the amendment, another hon. member intimated that if the present motion were proceeded with he should move as an amendment " That it was undesirable to legislate further on the subject at the present time," and Mr. Speaker subsequently pointed out that if the words of the first amendment proposed were added to the original question, no amendment could be pro- posed except in the form of an addition to those words. Now would be the time to amend the motion. And Mr. Speaker further ruled that the second amendment proposed was a substitu- tion, not an amendment, and would require the first amendment to be negatived in order for it to be competent to be moved. Education in rural districts. Resolution. (B) Vol. 222, pp. 1054, 1067, 1072, 1116, 1121.— March 2, 1875. Relevancy of amendments. An amendment must be relevant to the question. Army Regulation Bill. Bill considered in Committee. Motion made and question proposed for the Committee to sit again to-morrow. Mr. G. Bentinck moved — ' ' That the House at its rising do adjourn until a quarter before 4 o'clock to-morrow." Mr. Speaker — ' ' The question before the House is, that the Committee do sit again to-morrow at 2 o'clock, and the hon. member's amendment is that the House do adjourn till a quarter to 4 to-morrow. That is not a suitable amendment. The amendment must be relevant to the question when the Committee should again sit." (D) Vol. 206, p. 1580-82.— June 5, 1871. An amendment to the question of the adjournment must have reference to the time at which the House shall meet. . South Africa. The Transvaal. (B) Vol. 242, pp. 2076-7.— August 16, 1878. An amendment to the question of adjournment can only refer to the time of adjournment. An hon. member proposing, as an amendment to a motion for the adjournment for the Whitsuntide holidays, a resolution as to the South African policy, Mr. Speaker — "I must point out to the hon. member that, upon the motion of which the Chancellor of the Exchequer has given notice for to-morrow, no amendment can be moved, except with reference to the time of the adjournment." (B) Vol. 246, pp. 1265-6. -May 26, 1879. The relevancy of an amendment to the motion must be clear and complete. Parliamentary Oath (Mr. Bradlaugh). Where — the resolution before the House being "That Mr. Bradlaugh be not per- mitted to go through the form of taking the oath prescribed by the Statutes 29 Vict., c. 19 and 31, and ^1 Vict., c. 72"— Mr. Speaker allowed the following amendment to be in order, on the grounds that the relevancy to the motion before the House was clear and complete : -" That it is desirable that the provisions of the 29 Vict., c. 19 and 31, and 32 Vict., c. 72, should be so far modified as to permit every elected member of this House to take the oath or to make the affirmation prescribed under those Statutes, at his own option." (B) Vol. 267, pp. 19i.3, 219-20.— March 6. 1882. AMENDMENTS. 11 On the Order of the Day " That the conduct of Mr. O'Donnell he taken into con- sideration," in the course of the debate. Amendment proposed and seconded to leave out all the words after " That," and sub- stitute these words — " The Chairman of Committees having named Mr. O'Donnell for obstructing the business of Parliament, he being absent from the House during the greater part of the sitting during which the alleged offence was committed, and not having previously received any warning from the Chair, this House is not prepared to take notice of the language imputed to the hon. member, and passes to the next Order of the Day." Objection taken as not within the scope of the debate. Mr. Speaker — ' ' This amendment does, by implication, if not directly, call in question the conduct of the Chairman of Committees, and in that sense, no doubt, is out of order. It is out of order— first, because it is scarcely relevant to the question before the House, and beyond that it is out of order because it raises substantially the same questions that are proposed to be raised (by two other members scil.) . I could not, therefore, put this amendment as it is now framed." Parliament. Mr. O'Donnell. Vol. 271, pp. 1274-90.— July 3, 1882. (B) Similar to one decided. An amendment raising the same question as one already decided cannot be put. Employers' Liability BUI. (B) Vol. 255, p. 1177.— August 13, 1880. An amendment which is substantially the same as one previously negatived by the House cannot properly be moved. Parliament. Seats of Members of the House. (B) Vol. 269, pp. 340-41.— May 9, 1882. Irregular attempt to move an amendment identical with one on the paper in the name of another member. An hon. member cannot move an amendment already on the paper in the name of another member. Mr. T. P. O'Connor rose to propose an amendment which stood in the name of the hon. member for Cork, who was not then in his place. Mr. Speaker— " When an hon. member formally gives notice of an amendment, and thus obtains precedence on the Notice Paper, the House expects that the hon. member giving notice of the amendment should himself move it. I am therefore bound to say that the hon. member, in the course he is now taking, is out of order." Mr. T. P. O'Connor said he was not proposing an amendment of another hon. member, but an amendment of his own, which very conveniently happened to be printed for him on the Notice Paper. Mr. Speaker — "The terms of the amendment are identical with those which stand in the name of the hon. member for the city of Cork. Does the hon. member assure me that is not so ?" Mr. T. P. O'Connor— " The terms of the amendment which I wish to propose are identical with the terms of the amendment placed on the Notice Paper by my hon. friend the member for Cork." . Mr. Speaker — " Then I am bound to say that the course which the hon. member is now taking is clearly out of order." 13 AMEXDMESTS. And subsequently, . ' Mr. Speaker—" I wish to say distinctly that the hon. memher is not entitled to more the amendment which stands on the Notice Paper in the name of the hon. member for Cork." Parliament. Business of the House. , „„ ,„o. Vol. 237, pp. 1320-1.— January 25 and 26, 1881. (B) md., p. 1328. Ho- Majesty's name, Irregular use of. An amendment being proposed to " humbly pray Her Majesty to submit a measure for the purpose of assimilating the borough franchise in Ireland to that in England," &c., objection taken to the amendment as inaccurate and unconstitutional. Mr. Speaker ruled that it was, " technically speaking, inaccurate in its phraseology, and in consequence of this informality it could not be put from the Chair. It is- not a proper expression to pray Her Majesty to submit measures to Parliament. It is clearly not the function of Her Majesty to submit measures to this House." Address in Answer to Her Majesty's Most Gracious Speech. (B) Vol. 257, pp. 1038-9.— January 20, 1881. Member failing to move amendment prior to concluding speech. A member who has spoken without moving his amendment cannot move that amendment subsequently, but must place it in the hands of another hon. member. Education in rural districts. (B) • Vol. 222, p. 1120.— March 2, 1875. An amendment by a memher who has spoken. An hon. member who has spoken to a question cannot, at a later stage, move an amendment. Mr. O'DonneU (for Mr. Sullivan), having moved an amendment which he subse- quently withdrew, rose to move the amendment which appeared on the paper in his name, when Mr. Speaker decided that he could not move it, as he had already spoken to the question before the House. Parliament. Public business. Motion for Select Committee. (B) Vol. 237, p. 408.— January 24, 1878. No reply or right to move another amendment to mover of an amendment. An hon. member having moved an amendment in the form of certain resolutions on the question — " That this House, at its rising, wiU adjourn," &c., and, having spoken, cannot reply nor move an amendment. Resolution on the question of adjournment. Mr. Cobden moved certain resolutions after debate. Mr. Cobden rose, when Mr. Speaker reminded the hon. gentleman that he had already spoken. Mr. Cobden — " Then 1 shall put myself in order by moving an amendment." Mr. Speaker — " The hon. member has moved an amendment and cannot move another." Adjournment. Government manufacturing establishments. (D) Vol. 176, pp. 1907, 1976.— July 22, 1864. AMENDMENTS. 13 A member having moved, suhxequently seeking to amend his amendment. An hon. member having proposed an amendment, and subsequently desiring to amend the same, can only do so if the House allows the original amendment to be withdrawn, when the proposed amended amendment can be put. Army Discipline and Eegulation Bill. (B) Vol. 248, pp. 808-9.— July 18, 1879. Similar : Precedence in. If two amendments substantially the same are brought to the table — one in the hands of the member in charge of the Bill, and the other in the hands of another member — precedence is given to the amendment of the member who has charge of the Bill. Parliament. Eules of debate. Amendments. Precedence in Committee^ (B) Vol. 270, p. 82.-June 6, 1882. Amendments on notice : Precedence. The fact of an amendment being on the notice paper does not give the- member in whose name it stands any right of precedence. If another hon. member rises, it rests with the Chair on whom to call. National Debt Bill. (B) Vol. 282, p. 1869.— August 7, 1883. JVo seconder. An amendment not being seconded cannot be put. East India. Increase of taxation. (B) Vol. 239, p. 431. -April 2, 1878. Seconding an amendment. An hon. member who seconds an amendment cannot, in so doing, move- another amendment. Conee d'eUre Bill. Second reading. (B) Vol. 233, p. 961. -April 11, 1877- Declining to move an amendment. An hon. member having given notice of an amendment, and addressed the House on that understanding, is out of order in seeking to move an amendment standing in the name of another hon. member, and in declining to move the amendment of which he has given notice is treating the House with disrespect. Irish Executive. Resolution. (B) . Vol. 265, pp. 165-69.-Augu3t 17, 1881. 14 AMENDMENTS. Effect of carrying an amendment to the original question. If an amendment be carried, the House having already negatived the original motion, no other amendment can be moved, except in the form of an addition to those words. Intojdcating liquors (licences) . Eesolution. (B) Vol. 244, p. 750.— March 11, 1879. Amendment leaving only the word " That." When a motion has been so amended that the word " That" only remains, no member can address the House unless he concludes with a motion of which due notice has been given. Supply. Order for Committee read. Amendment having been carried the effect of which was tn leave only the word ' ' That " of the original question, Mr. Speaker pointed out that the state of the question did not permit any hon. member to make a speech unless he was prepared to conclude with a motion. Another rule of the House was that a motion could not be made with- out notice. Under these circumstances the hon. member for Swansea (Mr. Dill wyn), who had given notice of his motion, was rightly in possession of the House. Supply. (D) Vol. 180, pp. 409-10.— June 16, 1865. Amendment to Committee m,otion. On the motion " That Mr. Speaker do now leave the Chair, &c.," if an amendment is carried the effect of which is to strike out all the words after •' That " and to insert other words, the original question is super- seded. Duchy of Manchester. (D) Vol. 206, pp. 321-2.— May 5, 1871. Amendment to leave out words negatived: Effect. When a question is before the House to which an amendment has been moved, and the House has decided that the words proposed to be left out (in the original question, scil.) stand part of the question, it is not com- petent to move another motion. Promotions from the rank. Address moved. Order for Committee of Supply read. Motion made, and question proposed—" That Mr. Speaker do now leave the Chair." Amendment proposed to leave out from the word " That," with a view to add other words instead thereof. Question- That the words proposed to be left out stand part of the question. Put and agreed to. Mr. Darby Griffith moved a further amendment. Mr. Speaker said that as the House had decided on the last question— " That the words proposed to be left out stand part of the question ' ' —it was not competent for the hon. member to move another motion. The question was that he do now leave the Chair. Vol. 159, pp. 562-568.— June 18, 1860. (D) Also vol. 159, p. 1809.— July 12, 1860. Supply. Miscellaneous Civil Service Estimates. Vol. 175, p. 664.— May 26, 1864. AMENDMENTS. 15 Eegina v. Overend, Gumev, & Co. Vol. 197, pp. 976-977.— July 1, 1869. Scotland. Defences of the Firtli of Forth. Observations. (D) Vol. 205, p. 1525.— April 21, 1871. East India. Duties on Cotton Goods. Besolution. (B) Vol. 245, p. 433. -April 4, 1879. If the House agree that words stand, no further amendment can be made, but the question can be agreed to or negatived, or the debate thereon adjourned. Army Eegulation Bill. Lords' amendment. Vol. 208, pp. 1400-1.— August 10, 1871. Board of Trade. Observations. (D) Vol. 208, p. 430.— July 28, 1871. When the House affirms the original words of a question to which an amendment has been moved, by agreeing " That the words stand," no further amendment can be put, but the original question may be debated. Factories (Health of Women, &c.) Bill. Order for Committee read. Amendment proposed. Question — " That the words proposed to be struck out stand part of the question" — put and agreed to. Mr. Shaw, who had an amendment on the paper to refer the Bill to a Select Com- mittee, was about to address the House, when Mr. Speaker pointed out that the hon. member could not put this amendment, although he was entitled to speak on the motion " That the Speaker do leave the Chair." (B) Vol. 220, p. 309.— June 23, 1874. Amendment to leave out words negatived : Further amendment to add words to end of main question. If a motion be made and question proposed, and an amendment thereto is put, and the House decides that the words proposed to be left out stand part of the question, thus affirming the original question, it is still com- petent to move a further amendment to add words. Mr. Hevgate moved a resolution re opposed business and the Half-past Twelve o'clock Eule. Mr. Osborne Morgan moved an amendment, viz., to substitute other words. Question — " That the words proposed to be left out stand part of the question" — put and agreed to. Main question proposed. Amendment proposed to add, at the end thereof, words. Mr. Speaker, in answer to a question whether such a proviso was in order, said it was quite open to any hon. member to propose the addition of words to the resolution. Parliament. Business of the House. Opposed business. Resolution. (B) Vol. 218, pp. 270, 286— March 24, 1874. Withdrawal or alteration of amendment. An amendment, when in possession of the House, cannot be withdrawn or altered without the permission of the House. The O'Donoghue having proposed an amendment, and debate being continued. The O'Donoghue subsequently wished to withdraw his amendment and to add the words to, instead of substituting them for, the paragraph in the Address. 16 AMENDMENTS. Mr. Speaker said tlat the amendment was in possession of tte House, and that it was for the House to decide whether they would grant permission to the hon. gentle- man to make the change he proposed. The amendment was by leave withdrawn and the change allowed. (D) Tol. 181, p. 206 and p. 273.— February. -8, 1866. A resolution having been moved is in possession of the House, and it is for the House to decide whether it will permit the whole or any part of it to be withdrawn. Mr. Newdegate having moved an amendment containing several paragraphs, desired to withdraw the last paragraph. Mr. Speaker — "The resolution has been moved, and is in the possession of the House, and it is for the House to decide whether it will permit the whole Or any part of it to be withdrawn . " Freedom of Speech. Arrest of Mr. Murphy. (D) Vol. 198, p. 633.— July 23, 1869. Withdrawal limited to members moving and seconding. An amendment cannot be withdrawn except on the proposal of the mover and seconder in person, or by leave of the House. Afghanistan. Expenses of military operations. (B) Vol. 251, p. 952.— March 12, 1880. An amendment can only be withdrawn by the hon. member who moved it. Parliament. Business of the House. The new rules. (B) Vol. 275, p. 4U.— November 30, 1882. Withdrawal of: Effect. If an amendment to a question be withdrawn, the original question will be put from the Chair and the debate thereon can proceed. India. East India reserve accounts. (B) Vol. 246, p. 1092.— May 22, 1879- Withdrawal in presence of motion for adjournment of debate. An amendment to a main question cannot be withdrawn if there is a motion for the adjournment of the debate, unless the motion for the adjournment be first withdrawn. Parliament. Business of the House. (B) Vol. 250, pp. 1540-41.— February 26, 1880. Withdrawal to enable amendment to be put toith suggested alterations. An amendment having been moved to a main question, a further amend- ment cannot be moved, but the original amendment may be withdrawn and put with the suggested amendment. Order for Committee (Supply) read. Motion made and question proposed-^" That Mr. Speaker do now leave the Chair.'-' AMENDMENTS. 17 Sir Charles Napier moved an amendment—" To leave out from the word ' That ' to the end of the question, in order to add other words." Mr. Lindsay proposed a change should he made in the terras of the resolution. Mr. Speaker said — " An amendment could not he moved to the motion of the hon. and gallant admiral." Ultimately amendment, hy leave, withdrawn. Sir Charles Napier then moved his resolution with the suggested alterations. (D) Vol. 159, pp. 2189-2203.— July 19, 1860. Withdrawal : To bring up another amendment : Rule as to. If an hon. member having moved an amendment desires to withdraw it for the purpose of bringing up another amendment, that course, by the indulgence of the House, may be allowed : but the amendment so brought up should not difier substantially from that originally proposed. If it does so differ, it could not with regularity be put from the Chair. Address in Eeply to Her Majesty's Most Gracious Speech. (B) Vol. 257, p. 982. -January 18, 188i. Withdrawal of: Leave refused : Renewal of application. On a question, " That the amendment be, by leave, vvdthdrawn," being put, and leave not given, it is competent on a subsequent day to renew the application. Employers' Liability Bill. (B) Vol. 253, p. 1755.— July 6, 1880. Irregular : Permission to withdraw refused. If, an amendment being irregular, and such as cannot be put from the Chair, an hon. member asks permission to withdraw it, with a view of bringing it up in a more correct form, and the House refuses to allow the amendment to be withdrawn, it falls to the ground. Cf. Address in Eeply to Her Majesty's Most Gracious Speech. (B) Vol. 257, pp. 1039-40.— January 20, 1881. Second amendment. A motion having been made and an amendment being proposed to add words to the question, it is not competent then to move a further addition to the main question. Sir John Pakington moved — Motion made and question proposed — " That a Select Committee be appointed to inquire into the Constitution of the Committee of Council on Education, and the system under which the business of the office is conducted." Amendment proposed at the end of the question to add the words—" And also into the best mode of extending the benefits of Government inspection and the Parliamentary grants to schools at present unassisted by the State." (Mr. Walter). Mr. Henry Seymour moved as an addition to the Order of Reference—" That the Committee should inquire whether some portion of the duties of the Department of Science and Art could not be transferred to the Board of Education." Mr. Speaker informed the hon. member that he could not move the amendment at present. The state of the question was that no amendment having been proposed to the 18 AMENDMENTS. first branch of the original motion, that part would stand, and would have to he sub- mitted to the House in its complete form. But the question now bgfore the House was whether the words proposed by the hon. member for Berkshire should he added, and if any hon. member proposed to move an amendment upon those words it would be open to the consideration of the House. Education. Motion for a Select Committee. (D) Vol. 177, pp. 847-916.— February 28, 1865. When there is a motion and an amendment before the House, a second amendment cannot be put until the first is disposed of. State of Ireland. Motion for a Committee. Amendment proposed. A further amendment proposed. Mr. Speaker said that there being a motion and an amendment before the House it is impossible to put the second amendment until the first is disposed of. Vol. 190, p. 1341-2.— March 10, 1868. Army Fortifications. Vol.'l91, p. 2051.— May 8, 1868. Army Koyal Gun Factories. Vol. 193, 1256.— July 16, 1868. (D) An amendment having been moved to an original motion, a member cannot make another motion before that which is before the House is disposed of. On the motion — " That Mr. Speaker do now leave the chair," Mr. Newdegate moved an amendment, and subsequently desired to withdraw a part thereof. Mr. Speaker having ruled it was not competent for the hon. member to withdraw. Col. Barttelot — ' ' I beg to move that the last paragraph of the resolution be now omitted." Mr. Speaker ruled, it is not competent for the hon. and gallant member to rise to make another motion. That which is before the House must fii'st be disposed of ; if it be negatived, then will be the time to move the insertion of words as an amendment. Freedom of speech. Arrest of Mr. Murphy. (D) Vol. 198, p. 633.— July 23, 1869. No second amendment can be moved till the first is disposed of. Laborers' Cottages Bill. Second reading. To which question an amendment was proposed — " That the Bill be read a second time this day six months." Mr. J. Lowther subsequently begged to move that the order be discharged. Mr. Speaker said there was an amendment before the House fut supraj, and until that amendment was disposed of no other amendment could be moved. (B) Vol. 217, pp. 464-6.— July 16, 1873. A motion and an amendment being before the House, a further amendment cannot be discussed unless the first be withdrawn or other- wise disposed of. "West African Settlements. Eesolution. Motion made. Question proposed. Debate. Amendment proposed. Debate continued. AMENDMENTS. 19 Mr. Anderson rose for the purpose of a further amendment, tut Mr. Speaker said the motion of the hon. member for Tamworth and the amendment of the hon. member for Carlisle were now before the House. If the House would allow the hon. member for Carlisle to withdraw his amendment, another amendment might then be discussed. (B) Vol. 218, pp. 1592-1663.— May 4, 1874. Banks of Issue. Nomination of Select Committee. Motion made, and question proposed—" That the Select Committee on Banks of Issue do consist of twenty-one members." Amendment proposed to leave out the words " twenty-one," in order to insert the words " twenty-two " instead thereof. An hon. member proposed to move that the number of the Comndittee' ' should be "twenty-three"' instead of "twenty-one." Mr. Speaker pointed out that there was already an amendment before the House to the effect that the Committee consist of twenty-two members, and until that had been disposed of the hon. member could not move his amendment. (B) Vol. 223, pp. 866-9.— April 13, 1875. Parliament. Debate. Official reports. Vol. 233, pp. 1622-o.-April 20, 1877. Parliament. Business of the House. Vol. 236, p. 69.— July 27, 1877. Parliament. Business of the House. Besolutions. Vol. 243, pp- 1366-7.— February 17, 1879. TTniversity Education (Ireland) BUI. Consideration as amended. Vol. 249, p. 740.— August 11, 1879. Privilege of Parliament, Immunity from arrest. Vol. 250, p. 1316.— February 24, 1880. Adjournment of the House — ^the Ehodope Commission — when Mr. Speaker ruled that a motion for the adjournment of the debate could not be made, there being at the time another motion before the House. (B) Vol. 243, p. 962.— December 17, 1878. When there is a question before the House to amend a motion by adding words at the end thereof, no further amendment can be moved, except by way of addition, unless the amendment were by leave with- drawn. Parliament. Business of the House. Besolutions. (B) Vol. 236, pp. 45,48-69.— July 27, 1877. Second amendment : First withdrawn. If the House consents to an amendment being withdrawn, another can be moved. Butter. Spurious compounds. (B) Vol. 260, pp. 524-5.— April 1, 1881. Prior amendment undisposed of. No amendment to a question can be moved while there is a prior amendment not disposed of. (B) Vol. 260, p. 1710.- May 31, 1881. 20 AMENDMENTS. Amendment on amendment. An amendment being before the House, no amendment tbereto can be entertained until the first is disposed of. Mr. Bates. Motion for Select Committee. (B) Tol. 226, pp. 359-60.— July 31, 1875. On a resolution being proposed, to which an amendment is paoved, ifit is sought to amend the proposed amendment by inserting words therein, if the original question is negatived, the first amendment will then be proposed, and the amendment thereto can then be moved. Sugar industries. Eesolution. (B) Vol. 245, p. 908.— April 22, 1879. Alteration. "Where an amendment is offered to a proposed amendment, which requires some alteration to enable the question to be put to the House, Mr. Speaker indicates the method by which this can be efiected. Parliament. Privilege. Northampton. New writ. Where, on an amendment to leave out from the word " That " to the end of the question, in order to add the words' " the Sergeant-at-Arms do taie steps to prevent Mr. Bradlaugh from coming within the precincts of the House" (Sir Stafford North- cote) ; and the question heing put and negatived, and a question proposed — ''That those words he there added," An amendment moved — " That Charles Bradlaugh, in tendering himself to take an oath which he declared to include words to him of an idle and meaningless character, was guilty of profanation ; and that he be and is hereby declared incapable of sitting in this Parliament, and that he be forthwith discharged from further attendance thereon" (Dr. Lyons). Mr. Spesuker — "I wish to point out to the hon. member that he proposes an amend- ment on a proposed amendment, and it is necessary to leave out certain words of the amendment. If his amendment were to run in these words I could put it — ' To leave out the words after the word " the," in order to insert the words " Member for North- ampton, Charles Bradlaugh.' " It would answer his purpose, I think." (B) Vol. 266, pp. 1326, 1333, 1336.— February 22, 1882. It is not in order to move an amendment to an amendment on a question. When the amendment becomes the main question it can then be moved. Parliament. Mr. O'Dounell. (B) Vol. 271, p. 1300.— July 3, 1882. When it is proposed to leave out a word with a view to insert another instead thereof, and another amendment is offered to leave out the same word, but to insert a difierent word from that already proposed to be in- serted, the question is put — That the word proposed to be left out stand part of the question ; and if that be negatived, then the question will be put to insert the word just proposed to be inserted, to which an amend- ment may then be moved with a view to inserting a different word. Parliament. Committee of Selection. (B) Vol. 276, pp. 975, 979.— February 7, 1883. AMENDMENTS. 21 Original amendment negatived. If an amendment be moYed to a question, which, is to leave out words in order to add words, and an amendment is proposed to that amendment, the question is put — "That the words (of the original question, scj'Z.) pro- posed to be left out stand part of the question." If this he agreed to, the original amendment is lost, and the amendment thereto falls to the ground ; but if such amendment be of the nature of an addendum, it may be moved as an addition to the main question. East India expenditure. Vol. 279, pp. 288, 306.— May 8, 1883. Minister of Education. Vol. 280, p. 1980.— June 29, 1883. (B) Withdrawal of original amendment. An amendment being proposed to an original motion, and other amend- ments to the said amendment being on the paper, there is no objection, in point of order, to the original amendment being withdrawn, if the hon. member who moved it desires to withdraw, and the general consent of the House thereto be given. The other amendments might then be recast, so as to adapt them to the altered condition of the question ; but it is for the House to say which is the most convenient course to adopt. South Africa. The Transvaal. PoUey of Her Majesty's Government. Resolution. Vol. 278, p. 204.— April 13, 1883. Putting the question in a form so as not to exclude other amendments. Motion made and question proposed — " That the Orders of the Day be postponed until after the notice of motion relating to the business of the House." "When, there being only one amendment on the paper to the first of the resolutions (relative to the business of the House), Mr. Speaker said " Should it come to my knowledge that other amendments are about to be proposed, and that the House desires that these other amendments should be entertained, it would become my duty to put the question that those amendments should be open to discussion." Orders of the Day. (B) Vol. 243, pp. 1336-7.— February 17, 1879. The usual form of putting the quesion, which would be maintained if only one amendment is proposed, may be modified with a view not to exclude other amendments proposed. Sir Stafford Northcote asked Mr. Speaker if an amendment to the question were negatived by the House ordering that the original words stand, whether other amend- ments on the paper could be moved. N.B. — The main question was — " That when it shall appear to Mr. Speaker, or to the Chairman of a Committee of the whole House, during any debate, to be the evident sense of the House or of the Committee that the question be now put, he may so inform the House or the Committee ; and if a motion be made ' That the question be now put,' Mr. Speaker or the Chairman shall forthwith put such question ; and if the same be decided in the affirmative, the question under discussion shall be put forth- with : Provided that the question shall not be decided in the affirmative if a division be taken unless it shall appear to have been supported by more than two hundred members, or unless it shall appear to have been opposed by less than forty members, and supported by more than one hundred members." 22 BILLS— PRELIMINARY OBJECTIONS. And the amendment was— " To leaye out from the first word ' That ' to the end of the question, in order to add the words ' No rules of procedure will be satisfactory to this House which confer the power of closing a debate upon a majority of members instead thereof." ^ ' ,., ^, ^ j. ^i, Mr. Speaker—" The question proposed tjj the House, and upon which the vote^ot the House must be taken, is that the words ' when it shall appear to the Speaker ' stand part of the question. The question was put by me in that form for the purpose of not excluding the other amendments. The amendments are open to be moved in the case of the rejection of the amendment fui S'tpraJ." Parliament. Business of the House. The new rules of procedure. The dehate. (B) Vol. 267, p. 1145.— March 17, 1882. BILLS. PRELIMINARY OBJECTIONS. Affecting the interests and the prerogative of the Crown. A Bill affecting the interests of the Crown requires the consent of the Crown. Church of Scotland. Leave. First reading. Mr. McLaren asked the Speaker whether it was competent for a private member to introduce a Bill which aflFected the Church of Scotland. Mr. Speaker said there was no objection to the introduction of the Bill, but it could not be passed through the subsequent stages, if it touched the interests of the Crown, without the consent of the Crown heing first given. (B) Vol. 243, p. 211.— December 6, 1878. Before passing the third reading a Bill affecting the prerogative of the Crown must obtain the consent of the Crown. Peerage (Ireland) Bill ; third reading. Mr. Speaker said that according to the practice of Parliament, a measure to Hmit the prerogative of the Crown could not pass a third reading unless the consent of the Crown had first been obtained. (D) Vol. 191, p. 1564.— April 29, 1868. Involving public moneys. Where a Bill is intended to authorise a charge upon the public revenues, the recommendation of the Crown must be signified, and a Committee of the whole House must consider the resolution, prior to the money clauses in the Bill passing. Mr. Monk rose, pursuant to notice, to call the attention of Mr. Speaker to a Bill for the purchase of Irish railways, leave to introduce which had been obtained on March 5th, and objected that the hon. member had neither moved in a Committee of the whole House, nor did he produce any evidence of the consent of the Crown for any prospective grant of public money for the purchase of the Irish railways. The money clauses were in blank, but in the Bill it was stated that it was expedient that the Board of Trade should be empowered to acquire, work, and maintain these railways in Ireland. The hon. member concluded by moving that the Orders of the 5th instant relating to a Bill for the purchase of Irish railways he read and discharged. BILLS— PEELIMINAEY OBJECTIONS. 23 Mr. Speaker — " In answer to the question of the hon. member, I -will endeavor to explain the practice of the House in connection with the Standing Orders to which he has now called attention. Whenever a Bill is introduced by which it ' is intended to authorise a charge upon the public revenues, it is the practice, as he has stated, to print the money clauses in italics. Such clauses form no part of the Bill as originally brought in. They are treated as blanks. Before any sanction is given to them the Queen's recommendation must be signified, and a Committee of the whole House consider on a future day the resolution authorising the charge . Unless these proceedings are taken, the Chaiiman, under the Standing Orders, will pass over the money clauses without any question. Without such preliminary proceedings the BiU, so far aa the public money is concerned, is entirely iffoperative. The hon. member has called attention to a precedent of a Bill proposed in 1847 for encouraging the construction of railways in Ireland. That, no doubt, is a precedent in point, to which I will not further advert, as the hon. gentleman has brought it under the notice of the House. But there is another precedent, of a very remarkable kind, to which 1 wish to call attentioa. In 1868 a BiU was introduced to enable the Postmaster- General to acquire, work, and maintain the electric telegraphs. The clause declaring that the rrioneys were to be provided by Parliament was printed in italics, and. it was not until after ihe Bill had been read a second time and considered by a Select Committee that a resolution was come to in a Committee of the whole House authorising the application of public moneys for the purposes of the Bill. It is for the House, and not for me, to determine as to the expediency of allowing such a BiU as that to which the hon. member has called attention to be introduced. The BUI is now before the House, and, having regard to the precedent I have quoted, I feel myself bound, by usage and precedent, to hold that there has been no infraction of the Standing Orders or the ^ules of the House." Parliament. Grants of public moneys. Standing Order. Vol. 209, pp. 1950-53.— March 14, 1872. EaUways (Ireland) BiU. Leave. First reading. When the BiU above referred to was introduced and read a first time, Mr. Monk rose to order to know if the BiU, being a money BiU, ought not to have origiuated in Committee. Mr. Speaker said that if it was found the BiU had not been introduced in accordance with the forms of the House, the order for its further progress would be discharged. (B) Vol. 209, p. 1485.— March 6, 1872. Clauses imposing a ctarge on the revenue must first be agreed to in Committee. East India (High Court of Judicature) BiU. Consideration. Certain clauses having been proposed and negatived, and an amendment agreed to, Sir James Elphinstone wished to add a proviso at the end of the clause, granting a retiring pension. Mr. Speaker said, as the clause imposed a charge on the revenue, it could not be put unless it was first agreed to in Committee. (D) Vol. 164, pp. 172-3.— July 1, 1861. Clauses involving public guarantee. Where there is a public guarantee, the money clauses must pass through a Committee of the whole House. Courts of justice (money). Leave. Mr. Lygon asked whether the proposition as involving a charge upon the people should not be brought in in Committee of the whole House. Mr. Speaker — " If there be a guarantee on the part of the public, as I understand wUl be the case, the clause embodying such guarantee will have to pass through a Committee of the whole House." (D) Vol. 165, p. 1561.— March 14, 1862. 24 3ILLS-PEELIMINARY OBJECTIONS. Amendment to clause involving charges on the revenue. An amendment to a clause cannot be added which involves a charge on the revenue, unless first agreed to in Committee. Protate and Letters of Administration Bill. Order for the consideration of the Bill as amended read. Sir Fitzroy KeUy having moved an amendment, and objection heiug taken that it had not been agreed to in Committee, the Speaker ruled the amendment was informal. Vol. 147, pp. 1382-3. An amendment involving the same principle, though in a minor matter, was similarly ruled by Mr. Speaker. (D) P. 1385.— August 11, 1857. An amendment imposing a fresh charge must be submitted in Committee. Bepiesentation of the People Bill. Bill as amended considered. An addition proposed to a clause affecting the incidence of rating. Objection taken — that it could not be brought forward on the report. Mr. Speaker said the proposal imposing a charge not at present existing, should have been submitted ia Committee. (D) Vol. 188, p. 1458.— July 12, 1867. An amendment affecting an alteration in taxation must originate in Committee. Artizans' and Laborers' Dwellings BiU. Consideration. Adjourned debate. Schedule A. Amendment proposed. Mr. Speaker said it seemed to him that the amendment would have this effect — that improvements beyond the limits of the City of London woiild, after the alteration proposed, affect the taxation of the City of London. In that case it would effect an alteration of taxation, which should have originated in a Committee of the whole House, and could not be proposed on consideration of the report. (D) Vol. 191, pp. 1876-8.— May 7, 1868. Sills with taxing power. Objection being taken that a Bill gave the Board of Trade under certain conditions, power to restore a tax which Parhament by the BiU abolished, Mr. Speaker is asked whether it was constitutional that power should be given to a department to re-impose a tax which Parliament had abolished ; whether the proposal did not vest in a mere Executive Department, the taxing power belonging to Parliament alone. Mr. Speaker — This is a matter not of Order or Privilege. It is a matter entirely for the discretion of the House ; and I have no ground for interfering if the right hon. gentleman the Chancellor of the Exchequer, or the House, thinks proper tn proceed with the Bill. Railway Passenger Duty Bill. (B) Vol. 282, p. 673.— July 26, 1883. BILLS— PEELIMINARY OBJECTIONS. S5 Bills : Based on resolutions : Ways and Means. Resolutions referring to Ways and Means for the services of the year, although they may go beyond the service of the year, may properly be moved in Committee of Ways and Means, and Bill based thereon. Customs and Inland Revenue Bill. Second reading. Adjourned detate. Mr. Hennessy objected that the Bill contained clauses based on resolutions in Committee of Ways and Means, and that these went beyond the current year. . Mr. Speaker — " With regard to the immediate question, all those resolutions refer to Ways and Means for the services of the year. It is true that in one point they go beyond the services of the year, but they are all required for the services of the year, and in my opinion they properly form part of the resolutions to be moved in Committee of Ways and Means." (D) Vol. 162, p. 2103.— May 16, 1861. Money Bills : Alien clause. Metropolitan Board of Worts (Money) Bill. Objection taken that the Bill, which was a Money Bill, contained a clause which had nothing to do with money. Mr. Speaker ruled that the clause (No. 10) was, in fact, part of the financial arrangements of the Bill. (B) Vol. 270, pp. 1390-91.— June 16, 1883. Government Bills. A Bill which has at the back the names of the two secretaries to the Treasury is held to be brought in on the responsibility of Her Majesty's Government, and need not, under Standing Order 194, be referred to a Select Committee. Metropolitan Board of Works (Money) BiU. (B) Vol. 271, p. 672.— June 28, 1882. Bill transferring charges. A BiU which transfers charges from the Consolidated Fund to the Supplies annually voted need not originate in Committee. Metropolitan Police Stations Bill. Order for third reading read. Mr. Ayrton asked the Speaker whether the third reading was in order, there having been no resolution in Committee, and the third reading being deferred till next day. In answer to Mr. Cox on that day, Mr. Speaker said as the Bfll transferred certain charges from the consolidated fimd to the supplies annually voted by Parliament, it was unnecessary to found this Bill on resolutions passed iu Committee. (D) Vol. 147, pp. 1208-20.— August 7, 18S7. Bills not directly appropriating funds. A Bill to enable the Government to take ground for public purposes, but not providing the funds, need not originate in Committee of the whole House. Mr. Cowper moved for leave to bring in a Bill. Motion made and question proposed — " That leave be given to bring in a Bill to enable the Commissioners of Her Majesty's Works and PubUo Buildings to acquire additional lands for improving the site of the new public offices in Downing-street and the approaches thereto." 26 BILLS -PRELIMINARY OBJECTIONS. Obiection taken, that the Bill should originate in a Committee of the whole House. Mr. Spe,al£er saidthat the object of the Bill was lo enable the Government to take ground for certain purposes. It did not give them power to purchase the property. The funds for that purpose should be voted afterwards, in Committee of the whole House. There was, therefore, no question of order. Public Offices (site and approaches) Bill. , , _ (D) Vol. 177, pp. 1301-8.— March 7, 1865. "Where a Bill merely appropriates a sum already voted, or Bas reference ■to some alteration in keeping accounts, it need not originate in Committee. Sir John Shelley expressed an opinion that the usage of Parliament required that the Bin should be introduced in Committee. Mr. Speaker—" The question is whether or not any new burden is to be laid upon the people by the proposed Bill of the right hon. gentleman. The right hon. gentleman states that no new burden is laid on by the Bill. It is merely for the appropriation of a sum already voted. The amendment added with respect to the London "Wine and Coal Duties Act has nothing whatever to do, as I understand, with the question of taxation, but merely has reference to some alteration respecting the mode of keeping the accounts. Under these circumstances it does not appear to me that there is any- thing informal in the motion which the right hon. gentleman has made," Thames Embankment Bill. Leave. {D) Vol. 165, pp. 1819-26.— Tuesday, March 18, 1862. If a Bill does not impose a charge npon the public, although it is intimated that at a future day another Bill will be proposed to replenish and increase an existing famd, out of which the works under the BiU under consideration would be defrayed, it is not necessary to go into Committee as a preliminary. Thames Embankment (north side) Bill. Mr. Walpole objected that it was proposed to extend the period over which the coal duties would exist. Mr. Cooper explained that the Bill only appropriated an existing fund. But in order to make sure that the Thames Embankment Fund would be able to meet all the charges which might come upon it, another BiU would be proposed at a future date to replenish and increase that fund. ,Mr. Henley urged that this would be assenting to a thing to be done without assenting to the mode of paying for it. This might be strictly in order, but was not convenient. Mr. Speaker said, what had fallen from the last right hon. member was a correct exposition. It was a question of form and convenience of legislation rather than qf order. If no charge was imposed, a preliminary Committee was not necessary. (D) Vol. 169, pp. 353-355.— February 16, 1863. Pledging public credit. A Bill which pledges the public credit for any loan to be raised may be introduced without the preliminary Committee necessary for the intro- duction of Money Bills under the Standing Orders, provided that the clauses referring to the raising of the money are guarded by being passed through a preliminary Committee of the whole House. Leave for Metropolis Local Management Act Amendment BiU. BILLS -PEELIMINAEY OBJECTIONS. 27 This Bill was moved by the Chancellor of the Exohequer, and the Speaker was ahput to propose the question, when an objection was taken by Mr. Eoebuck that the right hon. gentleman ought to have begun by moving the Speaker out of the Chair, and then have introduced a resolution in Committee authorising the introduction of such a Bin. This 'point being discussed, and it appearing that although the appeal was to local lesources, a main feature of the Bill was the guarantee on the part of the country of principal and interest of any money raised by the Metropolitan Board, of Works, Mr. Speaker said — " Unquestionably if its main feature is the guaranteeing of money raised by loanit may reach taxation, and the proper form of proceeding would then be by way of resolution in Committee of the whole House." And Mr. Speaker ^subsequently said — "There are many precedents in which in those paiticiilar clauses [viz., referring to public money] the House resolved itself into Committee and a reso- lution was moved." Ultimately the Speaker said — " I have not the least doubt of the power of the right hon. gentleman to introduce the Bill, and if the clauses referring to the raising of the money were guarded by being passed through a preliminary Com- mittee of the whole House, all that is required by the forms of the House will be accomplished." Vol. 151, pp. 1508-1519.— July 16, 1858. The purification of the Thames. Ibid., p. 1168. 50 BILLS— CONSIDERATION. Mr. Vernon Harcourt asked Mr. Speaker whether it would be in order to move the recommittal of the Bill for the purpose of insetting a clause which the House had struck out. Mr. Speaker—" It is open to the right hon. gentleman to move the recommittal of the Bill for the purpose which he has stated. "When the Bill has been recommitted the hon. and learned gentleman will have the opportunity of moving his amendments." (B) Vol. 213, p. 276.— August 1, 1872. Discharge of order, in absence of the member in charge. It is not the practice for an hon. member, in the absence of the member in charge of a Bill, to move its discharge. Sale of Intoxicating Liquors on Sunday (Ireland) BiU. Consideration. Order for consideration, as amended, read. An hon. member moved as an amendment that consideration of the Bill be definitely fixed for Monday, July 1 . Mr. Speaker pointed out to the hon. member that, according to the usual course followed in the House, the member in charge of the Bill named the time for con- sideration as amended. To move that the order for that consideration should be dis- charged in the absence of the hon. member in charge of a Bill might cause the greatest incouvenience, and was a proceeding which was never taken without due notice. (B) Vol. 240, p. 1675.— June 17, 1878. Amendments on consideration : Effect upon title. The subject matter of a Bill may be raised on the report, and an amendment may then be made, which, if adopted, would necessitate an alteration of title. University Tests BiU. Consideration. Order for consideration read. Amendment proposed. Sir Eoundell Palmer asked Mr. Speaker whether the amendment proposed would come within the title of the Bill. Mr. Speaker-" The whole question introduced in the subject matter of the Bill may be raised on the report. Dnder these circtmistances the hon. member would have power to move such words, although, if adopted, they would necessirate an alteration in the title of the Bill." (D) Vol. 202, p. 1386.— July 4, 1870. Power of House as to amendments : Latitude in the House. The powers of the House in regard to amendments are much greater than those of the Committee. Land Law (Ireland) Bill. Further proceeding on consideration as amended resumed. When, upon objection taken to an amendment as analogous to an amendment ruled out of order by the Chairman of Committees, Mr. Speaker ruled ut supra. (B) Vol. 263, p. 1935. -July 26, 1881. Amendment to motion that clause stand : Amendment on. If a motion is before the House that a whole clause stand part of a Bill, to which an amendment has been moved, that the clause be rejected. BILLS— CONSIDERATION. 51 no o'her amendment or clause can be proposed unless the first amend- ment be withdrawn. Bankruptcy Insolvency Bill. Clause '207. Amendment proposfd to leave out clause. Mr. Jackson moved formally a clause carrying out a suggestion of the Attorney- General. Sir Hugh Cairns asked the Speaker if this were competent. Mr. Speaker said the question then before the House was, whether the clause should stand pait of the Bill, and unless the hon. member, who had proposed that the whole clause should be rejected, should consent to withdraw that amendment, no other amendment on the clause could be proposed. (D) Vol. 162, pp. 184-190.— March 21, 1860. Irregular amendment. An amendment referring to a matter already decided by the House cannot be put. Protection of Person and Property (Ireland) Bill. Consideration as amended. (B) Vol. 258, p. 1673 and p. 1675.— February 24, 18S1. The House having agreed to a clause, it is not competent thereafter to propose an amendment conflicting therewith. Agricultural Holdings (England) Bill. Bill as amended considered. In this instance, the House having decided by clause 4 that drainage should be dealt with separately and in a different manner to the other improvements, an hon. member sought to move an amendment at the end of the first part of the schedule, and objection thereto being taken on account of the provisions of clause 4 — Mr. Speaker — " The House having passed the clause (seil., clause 4), clearly it is not now competent for the hon. member to propose anything which would really involve a new arrangement of the Bill." (B) Vol. 282, pp. 1197, 1198.— July 31, 1883. Amendments to clauses : Notice not necessary. A clause may be amended without notice having been given. Bankruptcy and Insolvency Bill. Clause 253. Sir Hugh Cairns proposed an amendment, viz., to insert words. Mr. Crawford asked Mr. Speaker if this were competent, no notice of intention having been given. Mr. Speaker ruled that the hon, and learned member was in order, as it was an amendment and not a new clause. (D) Vol. 162, p. 191.— March 21, 1861. Amendments, Consistency of. An amendment must be consistent with the provisions already passed. Protection of Person and Property (Ireland) Bill. Consideration. Bill as amended considered. An amendment moved. Mr. Speaker said- " I have to point out that the amendment placed in my hands is inadmissible, inasmuch as it is not consistent with the provisions of the Bill dealing with the same subject which have been already passed." (B) Vol. 258, p. 1597.— February 22, 1881. 52 BILES— CONSIDERATION. An amendment must be coherent and consistent with the Bill. Municipal Corporations Bill. BiE as amended considered. Proposed to insert in clause 78 (Definitions)—" The provisions of this part shall be held to apply to municipal elections ia connection with the corporation of the city of London." Objection taken that none of the Acts consolidated by the Bill referred to the city ot London, and the sixth clause (already passed) made it impossible to extend the opera- tion of the measure. Mr. Speaker ruled that, having regard to the statement of the application of the Act in the sixth clause, the amendment was inadmissible. (B) Vol. 273, pp. 383-5.— August 1, 1882. Amendment involving a charge. An amendment involving a charge can only be inserted in Committee, of the whole House. Summary Jurisdiction BOl. Consideration. (B) Vol. 246, pp. 1099-1 ICO.— May 22, 1879. If an amendment is of a nature to involve a possible tax upon rates (police rates of Ireland), the whole of which are voted by the House, the recommittal of the Bill is necessary. Prevention of Crime (Ireland) Bill. (B) Vol. 271, pp. 183i and 1843.— July 7, 1882. Negativing a past decision. When the schedule of a Bill has been entered upon and considtred, and amendments made thereto, it is not competent to move the omission of a part thereof which has been adopted. Parliamentary and Municipal Elections Bill. Schedule First considered. Mr. Maguire wished to know whether he could move the rejection of the rule, viz., which had just heen adopted. Mr. Speaker said that the House was now considering the first schedule of the Bill, of which this rule formed part. Had the hon. gentleman wished to propose tlie omission of the schedule, he should have given notice thereof before the schedule was entered into ; and so, also, had he wished the rule omitted, he should have intimated his desire before it was entered upon. It was now too late for him to move the omission of the rule, but he could, if he thought proper, propose the recommittal of the Bill at the third reading for that purpose. (B) Vol. 211, p. 679.— May 13, 1872. New clauses : When to be taken. On the consideration of a Bill on report, the rule is to take the new clauses first. Registration of Voters (Ireland) Bill. (B) Vol. 256, p. 766.— August 30, 1880. BILLS- CONSIDERATION. 53 Notice necessary. An hon. member cannot move a clause of which he has not given notice. Municipal Privileges (Ireland) BUI. Bill as amended considered. Mr. Gibson (for Mr. J. T. Hamilton) proposed to move the following clause An objection being taken, Mr. Speaker ruled that the clause could not be moved in the absence of the hon. member (Mr. J. T. Hamilton). (B) Vol. 231, pp. 661-2.— August 5, 1876. The House does not deal with new clauses without notice on report. Land Law (Ireland) Bill. (B) Vol. 263, pp. 1902-3.— July 26, 1881. Upon report the House requires notice of new clauses, but amend- ments can be moved without notice. A rrears of Rent (Ireland) Bill. (B) Vol. 272, p. 1110.— July 20, 1882. By whom moved. A new clause can only be moved by the hon. member in whose name it stands. Protection of Person and Property (Ireland) Bill. Mr. T. P. O'Connor proposed to move a new clause which stood in the name of the hon member for Cork. Mr. Speaker — " It will not be regular for the hon. member for Galway to move this clause. The House expects that an hon. member giving notice of a clause should pro- pose it to the House himself. He cannot depute that duty to another member. The substance of the amendment, however, might be moved when the House proceeds to the consideration of the Bill." Mr. Speaker further stated — ' ' No clause can be received on the consideration of a Bill without notice." (B) Vol. 258, p. 1523.— February 22, 1881. , An hon. member must be present to move a new clause standing in his name. He cannot delegate the duty of moving a new clause to another member. Parliamentarv Elections (Corrupt and Illegal Practices) BiU. (B) ■ "Vol. 282, page 1995.— August 8, 1883. New clauses: yilterations in, as proposed. A member having given notice of a clause to be added to a Bill on the report cannot move it in an altered form. Government of India Bill. Consideration. , Mr. Danby Seymour moved the addition of a clause. Clause brought up, and read the first lime. i Mr. Speaker said, that by the Orders of the House, notice must be given of clauses moved on consideration of the report. Any material alteration in the form of the notic^ 84 BILLS— CONSIDEEATION. of course destroyed its value, and it appeared to him that the alterations introduced by the hon. member were of such a nature as to bring them under the rule of the Standing Orders. (D) Vol. 151, pp. 1035-6.— July 6, 1858. Adjournment of Uehate to enable new clause to he proposed. A member cannot place an absent member in the position of being able to propose a new clause by moving the adjournment of the debate. Ecclesiastical Commission Bill. Order for the consideration of the Bill as amended read. In the course of debate, Mr. Hodgson moved an adjournment of the debate, to enable a memher then absent, to propose a new clause. Mr. Speaker reminded the hon. member that by moving the adjournment of the debate he would not improve his position, because the clause could not be proposed when the debate was resumed. (D) Vol. 147, p. 1283.— August 7, 1857. Postponement and re-introduction. A new clause may be postponed and brought up again as an amend- ment to a clause to be proposed. Election Petitions and Corrupt Practices at Elections Bill. New clause proposed by Viscount Milton. Proposed that the clause be postponed until another new clause had been proposed. Mr. Speaker said — "If the House desired to do so they could permit the present clause t > be postponed and brought up again as an amendiuent upon the clause to be proposed by the hon. member for Brighton." (D) Vol. 193, pp. 16-29.— July 22, 1868. New clauses and amendments : Identical with those disposed of. Clauses and amendments the same in substance with those already dealt with cannot be put ; nor can any clause be moved except by the hon. member who has given notice of it; nor can amendments be put which are dependent on preceding amendments negatived. Peace Preservation (Ireland) Bill. (B) Vol. 259, p. 762-5.— March 10, 1881. New clause foreign to Bill and not enacting. A clause foreign to the scope of a Bill, in the nature of an opinion, and giving no enacting powers, cannot be moved. Grovemment of India Bill. Consideration. Mr. Gregson moved the following clauses : — " That the settlements of Penang, Singapore, Malacca, Labuan, and Sarawak be placed under the President and Council of India." Objection taken that it could not be considered in the nature of a clause in connection with the India BHl. Mr. Speaker conceived that it was merely an expression of opinion giving no enacting powers, and therefore that it could not stand as a clause in the BiU. Clause, by leave, withdrawn. (D) Vol. 151, p. 1039.- July 6, 1858. BILLS— CONSIDERATION. 55 New clauses of the nature of money clauses. An amendment in the nature of a tax or burden on the people can only be made in Committee. Corrupt Practices Prevention Bill. Consideration. Mr. Cox. in siipporting a new clause proposed to be added, said lie should move that the expense of providing polling-places should be paid by the county or borough. Mr. Speaker said that the h'm. member could not move the amendment at that stage ; the Bill must be recommitted for the purpose. (D) Vol. 151, p. 2028.— July 23, 1858. If clauses proposed to be introduced on consideration of a Bill impose any new charge, they must be moved in Committee of the whole House ; but if not new charges, the House can deal with them. Bating (Liability and Value) Bill. Consideration. Order for consideration, as amended, read. < )bjection tiken, that it was sought to introduce certain clauses which could only be introduced in Committee. Mr. Speaker — ' ' If the clauses to he proposed by the right hon. gentleman impose any new charge they must be moved in Committee of the whole House." Mr. Stansfeld explained the new clauses did not impose any new charge ; they merely carried out in a legal form the decision already arrived at as to the method of assessing the value of ratable property. Further objection taken that, as a matter of order, the Bill should be recommitted for the consideration of these clauses. Mr. Speaker — " If the new clauses proposed by the right hon. gentleman involve any new charges, such as were not embraced by the clauses agreed to by the Committee, undoubtedly it would be out of order to proceed with such clauses in the House. They must be dealt with by the Committee of the House. If 1 apprehend correctly .the observations of the right hon. gentleman, these are not new charges. If that is so, it is competent for the House to deal with them without referring them to a Committee of the whole House. Of course it would be open to the House, if it thought proper, to take this c. 'ursu — to proceed with the Bill as it stands, and if, upon further considera- tion of the clausei-, it is found they involve a violation of the rules of the House, undoubtedly the BiU must be recommitted in respect of those clauses." Vol. 217, pp. 401-3. - July 15, 1873. And at a later stage Mr. Dodson pointed out that one new clause was a rating clause, and should be considered in Committee, as it imposed a burden on certain persons, and no such provision was in the Bill. Mr. Speaker ruled there was great force in the point raised, " and that the incidence of the rate with respect to the right of sporting, as imposed by the Committee, is varied by the amendment. Therefore, according to the Standing Orders of the House, the Bin should be recommitted in respect of clause 3." (B) Ibid., pp. 413-14. A clause proposed granting compensation in certain cases cannot be put, as such a clause must originate in a Committee of the whole House. Sale of Intoxicating Liquors on Sunday (Ireland) BiU. Consideration. New clause proposed. Holder of licence at liberty to claim compensation. Mr. Speaker pointed out that the clause involved a question of compensation, imposing a charge on the public. A proposition of that kind could not be put from the Chair unless it had been considered by a Committee of the whole House. Vol. ii\, pp. l.-^o 1-2.— July U, 1878. Highways Bill. (B). Vol. 242, p. 196.— July 25, 1878. 56 BILL -CONSIDERATION AND THIRD READING. Clauses, or amendments to clauses, imposing charges can only be put to the Tote in Committee of the whole House. Customs and Inland Revenue BiU. Consideration as amended. „ ,, , . It being proposed to insert a sub-section—" The managers and oirners ot aU clubs, whether proprietary or otherwise, selling spirits, wines, and beer on the premises, shall take out Kcences in accordance with the scale of duties specified m sub-sections I, 2, and 3 of this clause " — i ■ n -n- Mr. Speaker ruled that the amendment could only be put to the vote m Committee of the whole House. „ , ,,. ,„,, t i oo- icon Vol. 254, p. 1614.— July 28, 1880. m p. 1607, same BiU. Clauses involving a money charge upon the people cannot be proposed on consideration without the sanction of a Committee of the whole House. Land Law (Ireland) BiU. ^ , __ (B) VoL 263, pp. 1911 and I914.-July 26, 1881. New clauses : Time for moving amendment. On the question that a clause be now read a second time, it is not competent to, move an amendment upon it before it is so read. Parliamentary and Municipal Eleftions BUI. Consideration. Clause proposed to be inserted read a first time. Motion made. Question proposed — " That the said clause be now read a second time." Mr. Candlish proposed an amendment. Mr. Speaker — "The clause has not yet been read a second time by the House,_and it is not competent for the hon. member to move an nmendment upon it before it is so read. The question before the House is, wh-ther the clause be read in its entirety or rei'ected in its entirety." (B-. Vol. 211, p. 513.— May 9, 1872. No amendment can be offered to a proposed clause till the clause has been read a second time. Prisons Bill. Consideration. Clause brought up and read a first time. Motion ma^e. Question proposed — " That the said clause he now read a second time." Mr. O'Connor Power wished to amend the clause. Mr. Speaker informed the hon. gentleman that before he could move his amendment the clause would have to be read a second time. (B) Vol. 234, pp. 1329-30.— June 5, 1877. CONSIDERATION AN^D THIRD READING.^ Time between stages. When a Bill has not been opposed at any of its stages, and particularly at the end of session, the course is sometimes taken of at once moving "That the Bill be now read a third time." Irish Reproductive Loan Fund Act (1871) Amendment BiU. (B) ■ Vol. 282, p. 256.— July 24, 1883. ■ BILLS— THIRD READING. 57 It is not necessary that a clear day should intervene between the Com- mittee stage of a Bill and the third reading. Parliament. Business of the House. .ually taken, especially with reference to BiUs of an urgent character, and which had met with no opposition in their several stages (B) Vol. 244, p. 1705 —March 2.5, 187S. Amendment to Bill. No amendment other than verbal can be moved on the third reading. Ground Game Bill. BILLS— DEBATE ON STAGES : COMMITTAL PRO FORMA. 77 Order for Committee iieyativeil : Moved on a future day : Right of spaakmg again. When the motion for going into ('ommittee on a Bill has been negatived, and is renewed upon a subsequent, day, the motion is a new motion, and an hon. member can again speak thereon. Revenue Officers' Disabilities Eemoval Bill. Order for Committee read. Mr. Monk moved, " That the Speaker do now leave the Chair," and was about to address the House. Objection takeo that the hon. member had already addressed the House. Subse- quentiy, Mr. Speaker said he had referred to the records of the proceedings upon the last occasion this Bill was before the House, and he found that the original motion for going into Committee upon the Bill had been negatived and required to be renewed, and therefore the hon member (Mr. Monk) was in order in commencing the debate. (D) Vol. 193, pp. 389-91.- June 30, 1868. Amendment to motion for Cummillee stage. On an amendment to the question " That Mr. Speaker do now leave the Chair" to leave out all the words after " That," with a view to insert the terms of a general resolution, it is not competent to criticise the clauses of the Bill. Land Law (Ireland) Bill. Cominittee. Order fcr Committee read. (B) Yol. 261, p. 1397.— May 26, 1881. Amendment to postpone Committee heyond probable duration of Session. It is in order to discuss the principles of a Bill on an amendment on the motion for going into Committee — " That this House will, on this. day six months, resolve itself into the said Committee." Criminal Code (Indictable Offences Procedure) Bill. (B) Vol. 278, pp. 342-343.— April 16, 18S3. Discharge of order for Committee. On a motion that the Order of the Day for going into Committee on a Bill be read and discharged, any discussion on the merits of the Bill, or a debate on the Bill, is out of order. Increase of the Episcopate Bill. Order for Committee discharged. Bill withdrawn. (B) Vol. 226, pp. 859-60.— August 11, 1875. COMMITTAL PRO FORMA. Effect on right oj members to speak who had given notice of amendments. When a Bill is committed joro /brjwd and reprinted, hon. members who had amendments would have a right to speak at the recommencement of the debate. Elementary Education Bill. It having been proposed that the Bill should be committed pro formd, in order that amendments might be made, Mr. Vernon Harcourt asked in what position would hon. members be who had amendments on the paper, in case they assented to the committal of the BSi pro forma. Mr. Speaker said thai if the hon. gentleman then movea the amendment, he would not, on the resumption of the debate, have an opportunity of making a speech. (D) Vol. 158, p. 91.— April 24, 1860. 78 BILLS— DEBATE ON STAGES: CONSIDERATION'. REFERENCE TO SELECT COMMITTEE. On an amendment to the nomination of a Select Committee on a Bill it is not competent to speak on the main question. Coroners (Ireland) Bill. Nomination of Select Committee. (B) Vol. 260, p. 1742.— May 3, 1881. On a motion to refer a Bill to a Select Committee it is not in order to discuss the Bill as a whole nor in detail. Settled Land Bill. (B) VoL 270, p. 352.— June 6, 1882. REFERENCE TO STANDING COMMITTEE. The merits of a Bill cannot be discussed on the motion to commit the Bill to a Standing Committee. The question is merely a sequel to the second reading, and a general discussion on the details of the measure is never allowed. Criminal Code (Indictable Offences Procedure) Bill. (B) Vol. 278, pp. 330, 335, 336.— April 16, 1883. REFERENCE TO STANDING COMMITTEE, SELECT COMMITTEE, OR COMMITTEE OF THE WHOLE. No debate upon the merits of a Bill is allowed on the question " That the Bill be referred to a Standing Committee," or " to a Select Com- mittee," or " to a Committee of the whole House." Criminal Code (Indictable Oifences Procedure) BUI. (B) Vol. 278, pp. 339, 340, 341.— April 16, 1883. CONSIDERATION. Fixing date for. On the question for the consideration of a Bill as amended on a given day, the oiJy amendment possible is one as to the time when the consi- deration should be taken, and the discussion must be relevant to that. Privilege. The Appellate Jurisdiction of the House of Lords. Supreme Court of Judicature. Scotch and Irish appeals. On motion made, and question proposed — " That the BiU as amended be taken into consideration upon Thursday" — Mr. Bouverie made some lengthy remarks on the " Question of privilege which has been raised in the other House, and which is still pending." The right hon. gentleman was followed by Sir George Grey, Mr. Butt, Mr. Vernon Harcourt, and Mr. Osborne Morgan on the question of privilege, when Mr. Speaker—" The question is, that this Bill, as amended, be considered on Thurs- day next. The whole of this discussion has been, according to my judgment, somewhat premature. It would have been more properly raised on the question of the re-oom- mittal of the BiU, which has not yet been proposed. I submit this observation to the House, that on the motion that this Bill be considered on Thursday next no amendment could be moved, except as to the time at which the consideration of the Bill should be taken ; and therefore any discussion not relevant to an ameiidment of that kind is out of place." (B) Vol. 217, pp. 345-358.— July 14, 1873. BILLS -DEBATE ON STAGES: CONSIDERATIOX. 79 Amnndment as to date oj. On an amendment to the motion that a Bill be now taken into consi- deration, that the Bill be considered that day three months, it is not in order to discuss a particular clause. Ground Game Bill. (B) Vol. 2.56, p. 3.— August 2.i, 1880. Rules of debate. It is not in order to discuss a Bill on consideration as amended. Eeligious, &c., Buildings (Sites) Bill. Bill as amended considered. Mr. Newdegate was speaking on the Bill. Objection taken Mr. Speaker said the hon. member was not stri'lly in order in doing so. (D) Vol. 186, p. 798.— March 28, 1867. A general argument on a Bill cannot be allowed on a particular clause. Artizans' and Laborers' Dwellings Bill. New clause. Second reading. The Attorney-General was arguing upon the Bill generally. Mr. Speaker ruled that the question at present being whether this particular clause should pass, a general argument could hardly be allowed upon that question. (D) Vol. 191, p. 1565.— April 29, 1868. On the question that a Bill as amended be considered, it is not in order to discuss what had taken place in Committee. Public Worship Regulation Bill. Consideration. Bill as amended considered. Mr. Hubbard was referring to proceedings in Committee on the Bill. Objection taken. Mr. Speaker ruled that the hon. member was not in order, the question before the House being that this B01 be now considered. (B) Vol. 221, pp. 1043-4.— July 31, 1874. On motion for consideration of a Bill, as amended, it is in order to refer to one particular clause as an illustration of the argument. South Africa Bill. Consideration. Order for consideration, as amended, read. Motion made, and question proposed — " That the Bill be now taken into considera- tion." Mr. 'Pamell, in seconding the motion, was proceeding to comment on the clauses of the Bill, when, objection taken, Mr. Speaker — "A reference in detail to the several clauses of the Bill is, at this stage of it, no doubt, out of order ; but a reference to one particular clause of it, as an illustration of the argument, is in order, and the hon. member is therefore in order in taking that course." (B) Vol. 236, p. 396.— August 3, 1877. On a mction that a Bill be considered, it is out of order to discuss a clause in the Bill. Racecourses (Metropolis) Bill. (B) Vol. 244, pp. 1490-91.— March 21,- 1879. 80 BILLS-^DEBATE OS STAGES : RE-COMMITTAL. Amendment to clause : Speaking twice : Latitude allowed. An hon. member who lias spoken on an aniendment to a clause of a Bill cannot speak again except by the indulgence of the House. Education (Scotland) Bill. Bill as amended considered. Clause 66. An amendment proposed. The Lord Advocate having addressed the House, and being followed by several hon. members, one of whom made a direct appeal to him, The Lord Advocate said he might be permitted to explain, and continued his obser- vations, when Mr. Caudlish rose to order. The Lord Advocate had already addressed the House on this clause. Mr. Speaker— "At this stage of the Bill no hon. member is, by the rules of the House, allowed (x) speak a second time ; but, generally . speaking, the House is inclined to be indulgent to hon. members." And the Lord Advocate was allowed to proceed. (B) Vol. 212, p. 172.— June 25, 1872. An hon. member having moved an amendment in a clause to a Bill, on consideration as amended, would be in order if he rose again to explain the course he was goinsj to take : but otherwise he would not be at liberty to address the House again. Sale of Intoxicating Liquors on Sunday (Ireland) Bill. Consideration. (B) Vol. 241, pp. 1302-3.-July 11, 1878. Amendments on clauses : Renewal of discussion. When a clause has been considered, and a later clause is under dis- cussion, it is impossible to go back to the former clauses. Army Discipline and Regulation Bill. (B) Vol. 248, p. 720.— July 17, 1879. Also same Bill, pp. 761-2.— July 18, 1879. (B) It is out of order to refer to a past clause on considering a clause. Bills of Sale Act Amendment Bill. (B) Vol. 268, p. 125.— March 27, 1882. New clause. The general principle of a Bill cannot be discussed on a new clause proposed to be added. Compensation for Disturbances (Ireland) Bill. (B) Vol. 254, p. 1136.— July 22, 1880. MOTION FOR RE-COMMITTAL. Amendment to question. It is irregular, on motion for re-committal with regard to certain clauses, to discuss another clause. Mines (Coal) Regulation Bill. Third reading. Order for third reading read. Amendment proposed, to re-commit the Bill m respect of clauses 11 and 30. Mr. Mundella was discussing clause 16. BILLS-DEBATE ON STAGES : APPEOPKIATION BILL. 81 Mr. Speaker informed.the hon. gentleman it was irregular to discuss clause 16, as he was now doing, when the re-committal of the Bill, with regard to other clauses, was the question hefore the House. (B) Vol. 212, pp. 1275-8.— July 16, 1872. THIRD HEADING. Rules of debate. It is not unusual, in discussing the principles of the Bill, to allow reference to kindred measures. Church Rates Aholition Bill. Third reading. Mr. Cross referred to a settlement of the question other than that proposed hy the BUI. Mr. P. Duncombe rose to order, on the grounds that no such proposition was before the House. Mr. Speaker said — " It was perfectly true that in strictness the debate ought to be confined to the Bill actually before the House ; but on many occasions like the present, when Bills on the same subject were under consideration, a greater licence was con- certed to hoii. membeis who addressed the House." (D) Vol. 162, p. 1300.— June 19, 1861. Statement of intended action of the Government. A statement of the course which the Government propose to take upon another matter cannot be made on the motion for the third reading of a Bill. On the motion that the East India Loan Bill be read a third time, the Chancellor of the Exchequer was about to make a statement of the course proposed to be taken by the Government in the case of the Cagliara. Mr. Speaker — " I apprehend that the right hon. gentleman cannot make a statement respecting the case of the Cagliari upont^^e motion for the third reading of the East India Loan BiU." (0) Vol. 149, p. 176.— March 15, 1868. APPROPRIATION BILL. Committee motion. On the motion for going into Committee on the Appropriation Bill, it is competent to bring on any matter arising out of the votes appropriated by the BUI. Consolidated Fund (Appropriation) BiU. Committee. Mr. Ayrton (who had given notice of his intention to call the attention of the House to the balance of power in Europe, and for the maintenance of which most of the army supplies were voted) asked Mr. Speaker if it was competent for any hon. member to bring on any question under the Appropriation Act arising out of the votes appro- priated by the Bill, or whether it was necessary to wait for the particular section of the Act to which the question referred. Mr. Speaker — " I think the hon. and learned member will be perfectly in order in proceeding with the notice which stands in his name." (D) VoL 176, p. 1859.-July 21, 1864. 82 BrLLS-DEBATE ON STAGES: APPROPEIATIOX BILL. Third reading. It is not in Order to discuss matter irrelevant to the subject. ConsoKdated Fund (Appropriation Bill). Third reading. Mr. Scully was discussing the tenure of land. _ . Mr. Speaker— "I do not think that the subject matter under discussion now— the tenure of land— can be said to relate to the third reading of the Appropriation Bill ; therefore to pursue this discussion further would be out of order." (D) Vol. 180, p. 836.— June 26, 1866. On the question of the third reading of the Appropriation Bill the discussion must be relevant to the clauses of the Bill. Consolidated Fund (Appropriation) Bill. Third reading. Order for third reading read. A protracted debate on the alleged atrocities in Bulgaria was initiated by Mr. Evelyn Ashley. Mr. E. Jenkins, after several members had spoken, was proceeding to offer some general observations on the conduct of Her Majesty's Government, when Mr. Spi-aker^" I am bound to call the attention of the hon. gentleman to the ques- tion before the House. It is the third reading of the Appropriation Bill, and any observations that may be made must be relevant to that Bill." And an hon. member alluding to the fact that discussions on almost every kind of subject had been held in past years on the third reading of this Act, Mr. Speaker said— "The rule of the House is that, in the discussion on the Appro- priation Bill, any observations applying to one of the clauses in the Bill may be made. No doubt the clauses in the Appropriation Bill have a large application, but I cannot iinderatand how the observations of the hon. member can be regarded as relevant to any clauses in the Appropriation Bill." Mr. E. Jenkins then asked Mr. Speaker whether it was not relevant to some clause in the Appropriation Bill that he should call attention to the fact that Her Majesty's Ministers, who did receive some remuneration, were not discharging their duty ia a manner which the country might expect from them. Mr. Speaker — "If the hon. member proposes to call in question the salaries of a Minister or Ministers of the Crown, no doubt he would then be in order." (B) Vol. 231, pp. 1118-19.— August 11, 1876. On the following day the question of relevancy of debate was again brought before Mr. Speaker, who said — " The Appropriation Bill is no exception to the general rule that debates should be relevant to the subject matter of the Bill before the House. It is obvious, however, that, as the Appropriation Bill appropriates the several supplies voted for the service of the year, tiat rule has a wide application in the case of the debate on that particular Bill." And on an hon. member asking — "Would it not be competent for him to move on the Appropriation Bill that the supplies should be limited to three months, on the ground that he distrusted Ministers, and then to discuss the whole policy of tie Government during the Session ? " And another hon. member asking whether the hon. member for Poole (Mr. Ashley), -who had called attention to the atrocities in Bulgaria, was in order, Mr. Speaker said — ' ' I am by no means prepared to say that an amendment on the Appropriation Bill limiting the supplies to three months would be out of order. As to the question whether the hon. member for Poole was in order, I may say that, thoiigh he made no motion, yet he gave notice of calling attention to certain matters, and it appeared to me that he was in order, because he raised the question of supplies in a most direct manner. For instance, he asked whether it was proper that the naval forcps'of the country should be sent to Turkish waters in favor of a certain policy, and he also called in question the conduct of the diplomatic agents of the Crown, for whom supplies had been appropriated. I think it right to observe that I interrupted the hon. member for Dundee when he proposed to speak generally of the Constitution of the ' country, and it certainly appeared to me that such a discussion was scarcely relevant to the Appropriation BiU." ) Vol. 158, p. 1949.— June 4, 1860. THE CHAIRMAN OF COMMITTEES. 103 On the motion, that Mr. Speaker do leave the Chair, to go into a Com- mittee on a Bill, an hon. member would not be entitled to move that some member of the House, other than the Chairman of the Committee of Ways and Means, do take the Chair. Farliament. Privilege. The recent suspension of Irish members. Mr. Speaker's reply to a question. (B) Vol. 271, pp. 1262-65.— July 3, 1882. Right to vote. Parliament. Privilege. The recent suspension of Irish members. Where Mr. Speaker, in reply to a question, said — " I am not aware that the Chair- man of the Committee of Ways and Means has ever voted in the Committee ; but, at the same time, I am not prepared to say that he is not entitled to vote; The House is aware that the Speaker himself is entitled to vote." Vol. 271, pp. 1264-5.— July 3, 1882. Questions of Order : Reference to Mr. Speaker. It is not strictly in order for a member of the House to put a question to Mr. Speaker on a question of order arising in Committee. The commercial treaty with France. Question. An hon. member having asked Mr. Speaker a question on a point of order arising in Committee, Mr. Speaker — " I reminded the House the other evening that the Chairman of the Committee of Ways and Means is the judge of questions of order which may arise in Committee. I cannot say that a reference to myself of this kind is strictly in order. I could hardly, perhaps, with propriety answer the question, unless it was the wish of the House that I should do so, and then only in general terms." (D) Vol. 156, pp. 1720-21.— February 24, I860. Question proper to be put to, not to Mr. Speaker. (D) Vol 181, p. 1320.— March I, 1866. Order in Committee is settled by the Chairman at once, and cannot be raised subsequently. Abyssinian expedition. (D) Vol. 190, p. 426.— November 29, 1867. An hon. member put a question to Mr. Speaker with reference to what had transpired in Committee. Mr. Speaker — ' ' The matter in question occurred in Committee. A point of order such as .that to which the hon. member refers should be addressed at once to the Chairman, and cannot be questioned on a subsequent occasion." (D) Vol. 190, p. 426.— November 29, 1867. Established Church (Ireland) Bill. (D) Vol. 191, p. 1948.— May 7, 1868'. Questions of order in Committee are settled by the Chairman. Parliament. Business of the House (Urgency). New rales. Vol. 258, p. 1091.— February 17, 1881. (B) Page 1391.— February 21, 1881. 104 COMMITTEES. Mr. Speaker has no authority to interfere in a matter which has occTirred in Committee, and which the Committee has settled for itself. Parliament. Order. Time for putting queetions. (B) Vol. 282, p. 1293.— August 1, ] 883. COMMITTEES. Powers of Committee : Limitation of. A Committee can only deal with what is referred to it, and a member cannot move a resolution which the Committee could not report to the House. The commercial treaty with Prance. Question. Mr. Ayrton' asked the Speaker whether, in Committee on the Customs Act, it was competent for an hon. member to submit such a resolution as that of the right hon. member for Coventry (viz., " That it is inexpedient to reduce the duty on sQk manu- factures without making provision for the simultaneous admission of silks and ribands into France upon equal terms.") Mr. Speaker — ' ' A Committee can only deal with the matter that is specially referred to it. In a Committee of Customs duties, any resolution moved must refer to Customs: duties If there were any treaty existing which relatpd to such matters, it would, in my opinion, be competent to a member to argue upon the subject of that treaty. But it would not be competent to the Committee to report to the House upon any provisions relating to the treaty unless that treaty had been referred to the Committee. Consequently it would not be competent for any member to move a resolution which, could not with propriety be reported to the House. The treaty may be discussed, but a resolution on the subject would be out of place." (D) Vol. 156, pp. 1720-21.— February 24, 1860. ; Committee of selection : Motion to substitute name. It is competent to move to leave out the name of an hon. member proposed to be on the Committee ; but it is not competent to move to substitute another in lieu thereof nor move the addition of a name without notice. Parliament. Committee of Selection. „ Vol. 276, pp.1008, 10X0.— February 27, 1883. ' Harbors of refuge. Nomination of Select Committee. ^. ^ Vol. 279, p. 518.— May 10, 1883. Kitchen and refreshment rooms (House of Commons.) (B) Vol. 284, pp. 562, 563.— February 12, 1884. Standing Cummittees : Procedure. The procedure in Standing Committees is the same as in Select Com- mittees, unless the House otherwise orders. The new rules of procedure. Standing Committee. W' '• '■' Vol. 276, pp. 413, 414.— February 20, 1883. ) COUNTING THE HOUSE. 105 Standing Committees : Kefereno to proceedings in. It is not in order to ask an hon. member as a member of the Com- mittee a question involving his action in the Comtnittee; but if th» question is put to the hon. member as a member of the Government as to the intention of the Government in respect of a Bill then before the Standing Committee, Mr. Speaker would not interfere. Parliament. The Standing Committee on Law, &c. Criminal Code (Indictable Offences Procedure) Bill. (B) Vol. 280, pp. 1147, 1148.— June 21, 1883. COUNTING THE HOUSE. If a motion be made that the House be counted, Mr. Speaker must at once ascertain if there be a House. Channel Islands. Commission moved for. An hon. member here moved that the House be counted. Mr. Augustus Smith moved that the name of the hon. member maMng the motion be taken down. Mr. Digby Seymour seconded the motion. Mr. Speaker said it having been stated that there were not forty hon. members present, he must first ascertain whether there was a House, before he could entertain any motion. (D) Vol. 167, p. 696.— Jxme 17, 1862. Any hon. member can take notice of the state of the House, and the Speaker has no discretion, but is required to count the House, even though the House is full. Parliament. Counting the House. Question. Mr. Bowring, referring to successive motions to count the House regardless of the number present, asked if Mr. Speaker had no discretion to take no notice under such cirexunstauces. Mr. Speaker said that, according to the rules of the House, any hon. member is entitled to take notice that forty members are not present ; that the Speeiker is bound to act upon that notice ; and that no discretion is left him in the matter. When the House meets, and it is obvious that there are forty members present at prayers, it has been usual for the Speaker to lake the chair without counting ; but if any hon. member takes notice that there are not forty members present, the Speaker has no discretion, and is required by the rules of the House to proceed to count. " I am sure, however, that the House wiU feel that if an hon. member insists on having the House counted when it is full, it can only be done with the object of interruption and delay, and is an abuse of the rules of the House." (B) Vol. 210, pp. 533-5.— March 22, 1872. Repetition of. It is imnecessary to count the House immediately after a similar deinand has been enforced. South Africa Bill. Committee. ' When, upon Major O'Gorman moving that the House be counted, Mr. Speaker said that forty members were present, and it was unnecessary t" count. (B> ■ Vol. 235, p. 1771.— July 24, 1877. ; 106 THE CEOWN. Limitation as to Motion. When a question has been put to the House, the House cannot be counted. Eoyal Irish Constabulary (Pay). ., ,j. • ^ Motion made and question put—" That this House -will this day resolve itselt into a Committee to consider of authorising the increase of pay," &c., &c. Mr. Biggar drew attention to the fact that forty members were not present. Mr. Speaker said the question having been put, the House could not be counted. (B) Vol. 273, pp. 330-31.— July 31, 1882. Member calling attention not hound to remain. An hon. member need not remain in the House after giving notice that there are not forty present. Ireland. Trinity College, Dublin. Resolution. Notice taken that forty members are not present. House counted, and forty mem- bers being found present, Mr. Samuelson rose to a point of order. He desired to know whether it was com- petent for an hon. member who had moved that the House be counted to immediately leave the House. Mr. Speaker — " It is competent for any hon. member to take notice that there are not forty members present, and he need not himself remain in the House afterwards, if he does not think fit to do so. (D) Vol. 188, p. 56.— June 18, 1867. Count out : Effect of on debate. If the House is counted out during a debate, that debate does not become an adjourned debate. Metropolis Local Management Acts Amendment Bill. Second reading. Mr. Tite rose to move lie second reading. Mr. Locke rose to order. "When the Bill was last before the House he was counted out while speaking on the motion for the second reading. He submitted, therefore, that the debate was an adjourned debate, and that he was in possession of the House. Mr. Speaker — ' ' If, as the hon. and learned gentleman states, the House was counted out, that does not make the debate an adjourned debate." (D) VoL 164, p. 682.— July 10, 1861. THE CROWN. Messages from : Order. Any message direct from the Crown, and read to the House from the Chair, is always received by members of the House uncovered, and an entry to that effect is made in the votes. But this does not apply to an answer from the Sovereign to an Address from this House. Marriage of His Royal Highness Prince Leopold, Duke of Albany. Message from Her Majesty. (B) Vol. 267, pp. 1443-4.— March 21, 1882. ) DEBATE, RULES OF: ADJOtENMENT OF DEBATE. 107 On a subsequent occasion Mr. Speaker's attention was called to the fact that, whereas certain members had sat with their heads covered, the entry in the votes was— ".48. Duke of Albany. Message from Her Majesty brought up and read by Mr. Speaker, all the members being uncovered." Mr. Speaier said the entry was made in the usual course, and under the assumption that if any hon. member did not uncover it was an inadvertence on his part. Messages from the Crown. Eule 298. (B) Vol. 267, pp. 1669-70.— March 23, 1882. DEBATE, RULES OF. ADJOUENMENT OF DEBATE. Irregular Attempt to speak on main question or move a motion by mover or seconder of adjournment. When a member has moved the adjournment of the debate, and another member has seconded it, it is not competent for either the mover or seconder of such a motion immediately to rise and move the adjourn- ment of the House, or to speak on the main question. Parliament. Eules of debate. Question. Mr. Speaker, in setting out the rules of debate, said — " "When there have been contests for the adjournment of the debate, if one member has moved the adjournment of the debate and another member has seconded it, it is not competent for either the mover or seconder of such motion immediately to rise and move the adjournment of the House, or to speak on the main question." Vol. 194, p. 1469.— March 16, 1869. University Tests BiU. Mr. Bentinck, having seconded the motion for adjournment, rose to speak. Mr. Speaker — " The hon. member having seconded a motion cannot speak again.'' Although the hon. member had only seconded by a gesture. Vol. 194, p. 1451.— March 15, 1869. Vol.194, pp. 14b7-70.— March 16, 1869. Metropolitan Poor Act Amendment Bill. (D) Vol. 196, pp. 1364-5.-June 7, 1869. If an hon. member moves the adjournment of the debate, and speaks thereon, he' cannot speak again on the main question; but if the motion is withdra'wn by leave of the House he can then speak. East India revenue accounts. Committee. Order for Committee read. Debate. Mr. Fawcett moved the adjournment of the debate. Mr. Fawcett appealed to the Speaker whether he should lose his right of speaking on. the main subject if he made one or two observations to explain why he had moved the adjournment of the debate. - Mr. Speaker said the hon. gentleman would be entitled to speak on the motion he had made for the adjournment of the debate, but he could not speak again on that question. If the House allowed the hon. gentleman to withdraw his motion he might tiien speak on the main quextion. Motion by leave withdrawn. (B) Vol. 217, pp. 1404-6.— July 31, 1873. 108 DEBATE, RULES OF : ADJOURNMENT OF DEBATE. An hon. member who has seconded the motion for the adjournment of the debate cannot at a later stage speak on the question. Address in Reply to Her Maje^y's Most Gracious Speech. . Peaop Preservation (Ireland) Bill. Vol. 223, p. 1458.— April 22, 1875. The Eastern Question. Resolutions. ■ ,,, , An hon. member turning round and making a remark to the hon. member who sat behind him, and the latter hon. member appenling to Mr. Speaker. Mr. Speaker said—," I must point out to the hon. and learned member that it is one of our rules that every member should address the Chair." p. ,,.„ „ ..,' . Vol. 234. p. 6'75.— May 10, 1877. Fnsons Bill. Consideration. Vol. 234, p. 1654.^June 12, 1877. (B) Disregarding the authority of the Chair. By resolution of the Hous^ of July 27, 1877, a member who has been twice called to order by Mr. Speaker is pronounced by him to be disre- garding the authority of the Chair. The debate is suspended, and a motion is made— "That the member be not heard durina the remainder of the debate." ^ ^- The Eastern Question. Observations, DEBATE, RULES OF : CLOSE OF DEBATE, ETC. 183 Motion made and question proposed—" That Mr. Whalley be not further heard." Mr. Speaker—" The question is that Mr. "Whalley he not now heax-d." Question put and agreed to. Orders of the Day read. (^) Vol. ase, pp. 681-3.— August 9, 1877. Disrespectful conduct : Member resuming his seat. It is hardly respectful to tlie House that when an hon. member desirous of speaking is called upon by the Speaker that hon. gentleman should immediately resume his seat. N-B.— The hon. gentleman being met with cries of "Divide, divide," had sat down] Borough Franchise (Ireland) Bill. Vol. 239, p. 1980.— May 15, 1878. CLOSE OF DEBATE. Putting of question. When the question has been fully put, it is irregular to speak. Eeligious Disabilities Abolition Bill. Question put — " That the debate be now adjourned." Dr. Ball proceeded to speak, when Mr. Speaker said that, he having already put the question that the debate be ad- joumed, and the voices having been taken, the hon. and learned gentleman was out of order in rising to speak. (B) VoL2lO, p. 1791. -April 24, 1872. , DISCUSSING MATTER NOT BEFORE THE HOUSE. It is not in order to attempt to raise a discussion on a matter not then down for discussion. Proclamations iu Ireland. Question. Mr. Scully asked why the Secretary for Ireland would not allow him to move for a return, and was making remarks. Mr. Speaker informed ihe hon. member that he was not in order in attempting to raise a discussion on a matter not standing for discussion at that moment. Vol. 168.— July 18, 1862. Redistribution of Seats Bill. ' . •' Mr. Ker referred to the Irish Reform Bill, and expressed dissatisfaction at the provisions thereof. Mr. Speaker said the hon. member was not in order in discussing the Reform BiU for Ireland, as that measure was not before the House. ■ Vol. 183, p. 918.-Maroh 14, 1866. Ireland — Tyrone Magistrates. Question. (D) ""■' Vol. 186, pp. 392-3.— March 22, 1867. PREMATURE INTRODUCTION OF MOTION. No new motion can be put from the Chair so long as there is an original motion and an amendftient before the House not disposed of. Supply. Order for Committee read. Motion made and question proposed, " That Mr. Speaker do now leave the Chair." Sir De Lacey Evans submitted another resolution in the form of an amendment. Debate thereupon. Sir Charles Napier moved for an Address to Her Majesty on Greenwich Hospital. 124 DEBATE, RULES OF- ORDER IX DEBATE. Mr, Speaker said he must remind the hon. and gallant member that there was already an original motion and an amendment before the House, and therefore till one or the other was disposed of his motion could not be put. (D) Vol. 155, pp. 391-419.— July 25, 1859. A question already before the House must be disposed of before an hon. member can proceed with his notice. Royal Dockyai-ds Commission. The report. Resolution. Mr. Lindsay proposed an amendment. Question proposed, " That the words proposed to be left out stand part of the question." Sir Frederic Smith said he wished to call attention to a matter of local and departmental importance Mr. Speaker said there was a question already before the House, which must be ■disposed of before the hon. and gallant member could proceed with bis notice. Vol. 173, pp. 1078-7.— February 25, 1864. ORDER IN DEBATE. Imputing moHves. It is unparliamentary and irregular to say that a clause was introduced with an injurious intention. Roman Catholic Charities Bill.-_ . Sir George Bowyer observed " that the clause introduced by the hon and learned member for Cambridge University is an injurious and mischievous clause, and I believe that he introduced it with a view to injure them " (the Catholic body). Mr. Speaker — " That is unparliamentaiy and irregular The observation of the hon. member that a clause was moved with the intention of doing injury is- neither parlia- mentary nor regular. Sir George Bowyer— "When I said injurious to them, I meant that no doubt the hon. and learned member thought that by doing injury to the Roman Catholics he would be doing good to the Protestants." Mr, Speaker — " That is not an explanation which can be satisfactory to the House." Sir George Bowyer — " I attributed no dishonest intention to the hon. and learned gentleman." Mr. Speaker — •" I must request the hon. njember to recall the observation," (D) ,. Vol. 160,p. 16S3.— Augtist 21, 1860. Motives cannot be imputed. Thames Embankment Bill. Mr. Cooper — " Who would have thought of bringing that matter before the House if they who did so had no ulterior or worse motive?" Mr. Speaker — " The right hon. gentleman cannot impute motives." (D) Vol. 167, p. 1342.— July 3, 1862. Interrupiiion. A member cannot reply to observations in a speech concluded if anothejc member is in possession of the Chair. Church Rates Abolition Bill. Committee. Order for Committee read. Sir John Trelawney moved the House into Committee. Mr. Packe spoke and made some observations, at the close of which — Mr. Newdegate rose to move an amendment. DEBATE, RULES OF: LANGUAGE, PERMISSIBLE. 125 Sir John Trelawny rose to order, and wished to know whether he was not at liberty to make some observations in reply to the speech of the hon. gentleman who had just resumed his seat. Mr. Speaker said that the hon. member for North Warwickshire was in possession of the House. (D) Vol. 167, p. 1419-21,— March 28, 1860, An hon. member must not interpose remarks. The Derryveagh evictions. (D) Vol. 165, p. 1505.— June 24, 1861. It is irregular to interrupt an hon. member for purposes of explanation. Law of landlord and tenant in Ireland. Vol. 178, p. 619. — March 31, 1865. (B) Attorneys', &c., certificate duty. Resolution. (D) Vol. 179, p. 672.— May 19, 1865. An hon. member frequently interjecting remarks while another hon.. member is speaking is warned by Mr. Speaker that if he continues disorderly interruptions he will be named as disregarding the authority of the Chair. Irish Executive. (B) VoL 261, pp. 1250 and 1257.— May 24, 1881. An hon. member persisting in disorderly uiterruptions is named by Mr. Speaker, whereupon motion is made that the hon. member be suspended from the service of the House. Address in answer to Her Majesty's Speech. (B) Vol. 276, pp. 617, 628.— February 22, 1883. Interruptions on points of order are very often themselves disorderly. Parliament privilege (Mr. P. Egan). (B) Vol. 261, p. 1694.— May 30, 1881. LANGUAGE, PERMISSIBLE, &c. Indirect imputation. Certain words which seemed to be an insinuation permitted, because hot directly imputing fraud. London, Chatham, and Dover Railway Company. Motion for a Select Committee. To which an amendment was proposed to add to the motion, " and also into the- means adopted " by certain members of this House " for raising money." Objection taken. Mr. Speaker — -'A notice of a somewhat personal nature has been placed on the paper, referring to the affairs of a certain railway company, and an hon. member pro- poses to add to that motion, ' and also into the means adopted ' by oeitain members of this House ' for raising money ' in connection with certain railway companies. An hon. member who spoke just now says that the amendment contains an insinuation of fraud. 'I he words do not directly bear that construction there is nothing in the notice placed on the paper that can he considered as a violation of order." (D) Vol. 186, p. 1343.— April 9, 1867. 126 DEBATE, EULES OF: LANGUAGE, PERMISSIBLE. Strong terms referring to persons not members. It is not out of order to use strong language with reference to one who is not a member of the House, though such language should be restrained. The Queen v. Castro. In debate Mr. Whalley used these expressions — " But in any case was it true^-was it not palpably untrue, deliberately false, on the part of the Lord Chief Justice ' ' ("Oh, oh!" and "Order.") And an hon. member rising to order, Mr. Speaker — "The language of the hon. member, though strong, is not out of order, not being applied to any member of the House. I hope, however, that he will restrain his language." Vol. 223, p. 1577.— Friday, April 23, 1875. An hon. member having alluded to Her Majesty's Indian Forces as " the savages and cut-throats of India," Objection taken. Mr. Speaker — " I am'bonnd to say the expression is not becoming ; but, at the same time, I am not in a position to call upon the hon. member to withdraw it as being unparliamentary." (D) Vol. 242, pp. 1092-3.— August 2, 1878. An hon. member stating an imaginary case to the House, as illustrative of the charac- ter of the late Earl of Leitrim, and charging him, by implication, with continued tyranny and immorality in his dealings with his tenants, and confusion arising, Mr. Speaker said— "The language which the hon. member has addressed to the House is no doubt to be deprecated, as being very strong ; but, at the same time, I am not prepared to say that he is not within his right in using the expressions in question." The murder of the late Lord Leitrim. (B) Vol. 239, pp. 1259-61.— April 12, 1878. Freedom of expression : Instances. An hon. gentleman is entitled to characterise the language of another hon. gentleman as miparliaraentary. Army. Auxiliary forces. The "Windsor review. (B) . Vol. 263, p. 246.- July 7, 1881. It is not unparliamentary ior an hon. member on his own responsibility to say that a statement made by another hon. member is opposed to the fact, Parliament. Order. Debate. Unparliamentary language. England and Servia, . Lushington. Prosecution of "The Claimant" for perjury. Motion for papers. Mr. Whalley having moved for papers in a speech evidently displeasing to the House, Mr. Mundella rose to order, and asked whether the House should be occupied in going into the meiits of the Ticl.borne case. The Speaker said the question was one entirely for the House, and not the Chair ; and subsequently, Another hon. member objecting to the tenor of the remarks and rising to order, Mr. Speaker—" I am appealed to on a point of order. I cannot say that the hon. member is out of order in the observations he has made. As to the propriety of them, that is a question for the House, and not for the Chair." (B) Vol. 213, pp 846-9.— August 9, 1872. When the House is engaged on a particular vote, e.ff., a pension, it is irregular to introduce irrelevant questions, such as are allowed on motion to go into Committee of Supply. On the report of a Committee of the whole House for a pension to General Have- lock, Sir John Pakington proceeded to ask questions on matters not relevant to the subject under discussion. Mr. Speaker pointed out, on Mr. Willoughly rising to order, that it would not be in accordanc e with the rules of the House to take such a course, and further added — " When a motion is made for the House to go into a Committee of Supply, general observations may be made and questions asked. According to the strict rules of the House on a disti"ct vote, to introduce irrelevant questions would not be in accordance with the general course of our proceedings " (D) Vol. 148, pp. 417-18.— December 9, 1857. < ;bservations must be confined to the matter before the House. Conveyance of Voters Bill. Second reading. 5Ir. Headlam was making observations on the ministerial scheme of reform, when — Mr. Speaker — "I do not think that the observations of the hon. and learned member, as far as I can understand them, have reference to the Bill now before the House ' ' DEBATE, EULES OP: RELEVANCY. 167 Mr. Headlam, in continuation, was travelling beyond the question, when an hon. memher rose to order, and — Mr. Speaker again cautioned the hon. member that his course was not in accordance with the regular practice of the House. (D) Vol. 152, p. 1168. March 2, 1859. Vol. 160, pp. 1601-2. East India Loan Bill. August 20, 1860. Vol. 160, p. 1788. August 24, 1860. Friday evening debates. TTnion Chargeability Um. Vol. 179, p. 342.-May U, 1865. O'Sullivan's Disability Bill. Vol. 196, p. 581.— May 11, 1869. Local and Personal Acts (Ireland) Bill. (D) Vol. 207, p. 1541. -July 12, 1871. On motion of specific character, irrevelant topics may not be introduced.. Navy (gun and mortar boats) . Returns moved for. Sir Charles Napier moved for certain returns, and in the course of his speech referred to the manning of the navy and the commission thereon. Mr. Speaker said he must remind the hon. and gallant admiral that the question before the House was, whether a return should be ordered (if names of the gun and mortar vessels which had been constructed with short bolts, and not as to the manning of the navy generally. (D) Vol. 168, pp. 1308-11.— May 15, 1860. An amendment ha^dng been moved to tte question " That Mr. Speaker do now leave the Chair," the debate must be limited to the subject of the amendment. Educational Estimates. Resolution. On the motion "That Mr. Speaker leave the Chair," amendment proposed by Mr. Dillwyn to strike out all the words after " That" with a view to insert other words. Mr. Bemal Osborne wished to make some observations on the volunteer inspections. Mr. Speaker said the hon. gentleman was out of order. (D) Vol. 164, pp. 294-302.— July 4, 1861. A member ruled not in order in discussing the question of costs (which. had already been incidentally discussed in that debate, and which there would be other opportunities of discussing) on a resolution relating to ad val' rem fees. Private Bills. Resolutions. Question — Whether there should be ai vclorem fees. Debate. Sir George Bowyer raised the question of costs. Mr. Speaker, interposing, invited the hon. baronet's attention to the question before the House, namely, whether there should be ad valorem fees. The question "f costs had already been incidentally discussed that evening, and there would be other op- portunities of discussing it ; but the hon. baronet was not in order in discussing it upon the present resolution. (D) Vol. 173, p. 671.-February 16, 1864. On a motion for suspension of the Orders of the Day, it is not in order to discuss foreign matter. On a motion for the suspension of the Orders of the Day, to enable the House to hold morning sittings, and the conduct of the Mayor of Cork having been referred to, and Mr. Dawson Damer proposing to continue the subject, Mr. Speaker intimated that there was no question before the House which would entitle hon. members to discuss any Irish question. The sole question before the 168 DEBATE, EULES OF: RELEVANCY. House was whether or not the motion of the right hon. gentleman, with respect to the suspension of the Orders of the Day, for the purpose of enahling the House to hold morning sittings, should he agieed to. (D) Vol. 195, pp. 1975-1981.— April 30, 1869. An hon. member must limit himself to the question. Parliament. Exclusion of the reporters. Ohservations. On Mr. Forster's motion for leave to bring in a Bui to repeal the Contagious Diseases A ct, Mr. Speaker had been called upon to enforce the rule which forbids the presence of strangers at the debates of the House. Mr. Henley gave notice — " To call the attention of the House to the rule or practice of ordering strangers to withdraw, and the effect thereof," and was proceeding to point out the nature of the Acts proposed to be repealed. Mr. Speaker called the hon. member's attention to the notice he had given, and added — "Now, it is perfectly competent to the right hon. gentleman to point out that he thinks the subject on which the right of excluding strangers was exercised a very important one, hut I think he is not in order in entering into the details of that subject.' ' Vol. 201, pp. 1640-3.— May 30, 1870. Elementary Education Bill. Lords' amendments. Amendment in respect of the ballot at elections for school boards. An hon. member was discussing the measure, when — Mr. Speaker said this was not the occasion for a discussion on the measure. (D) Vol. 203, p. 1560.— August 4, 1870. On a Bill for a limited object other matter should not be imported into the debate. Prayer Book (Titles of Lessons) Bill. Committee. Order for Committee read Mr. Buxton introduced the question of certain alterations in the rubric of subject. Mr. Speaker doubted whether so wide a field of subject ought to be introduced in a discussion on a Bill for a limited object. (D) Vol. 205, pp. 1458-9.— April 20, 1871. An hon. member must not discuss on a motion other matter not before the House. Parliament. Public business. Business of the House. Mr. Gladstone having moved a resolution relative to the aiTangement of business duiing the remainder of the Session, Mr. Gourley protested, and was referring to a Bill of which he had charge, which would he affected by the proposed arrangement. Mr. Speaker — '• The hon. member is not in order, for he is not only discussing a Bill which is not before the House, but is entering into the details of the Bill." (B) Vol. 212, p. 1430.- July 19, 1872. It is not in order to raise a discussion not relevant to the questioil before the .House. Law expenses of ex-Governor Eyre. Personal explanation. (B) Vol. 213, p. 39. July 29, 1872. An hon. member cannot interpose a disconnected question during the Orders of the Day. Union Officers (Ireland) Superannuation BiU. Third reading. Order for third reading read. DEBATE, RULES OF: RELEVANCY. 169 Motion made, and question proposed — " That the Bill be now read a third time." Mr. Fawcett rose to hring forward another subject, and was ruled out of order by Mr. Speaker, whereupon Sir Colman O'Loghlen moved that the hon. member for Brighton be now heard, which being disallowed by Mr. Speaker, Mr. Pawoett moved the adjournment of the House. Mr. Speaker — " The hon member is altogether violating the rules of debate. The question before the House is that the Union Officers (Ireland) Superannuation BiU be read a third time. According to the rules of debate the hon. member is bound to confine himself to matters which are relevant to the subject matter of that Bill. Any discussion with reference to Kew Gardens cannot be said to be revelant to the matter of the Bill which is now the subject of discussion before the House, and any reference to that .matter will be out of order." And on the suggestion of an hon. member, that the hon. member would be in order in moving the adjournment of any question before the House, Mr. Speaker said — " That supposing this Bill read a third time, I have, by the direction of the House, called on the Clerk to read the Orders of the Day, and he is bound by my instructions under the authority of the House to proceed through the Orders of the Dav." (B) ■ Vol. 213, pp. 644-6.— August 7, 1872. Au hon. member must confine himself to that which is relevant to the question of debate. Privilege. Dr. Kenealy. Observations. (B) Vol. 222, p. 1199.— March 4, 1874. Remarks must be relevant to the matter before the House. Electoral County Boards (Ireland) Bill. Vol. 227, p. 783.— February 23, 1876. Reception of fugitive slaves. The circulars. (B) Vol. 227, p. 896.— February 24, 1876. It is out of order, in discussing a question, to debate a matter not before the House. Sale of Intoxicating Liquors on Sunday (Ireland) Bill. Vol. 235, p. 323.— June 27, 1877. Parliament. Business of the House. Resolution. (B) Vol. 235, pp. 1680-81.— July 23, 1877. On a resolution it is not competent to discuss a Bill, even though dealing with a kindred subject. Agricultural Laborers' Habitations (Ireland) . Resolutions. "When an hon. member, desiring to refer to the Land Bill, is stopped by Mr. Speaker. (B) Vol. 260, pp. 1985, 2008, 2011.— May 6, 1881. A member who repeatedly wanders from the question before the House is reminded by Mr. Speaker that he must keep to the question, and if he continues this' course will be named by Mr. Speaker as disregarding the authority of the Chair. Parliament. Public business. (B) Vol. 264, pp. 374, 385, 388, 389, 393, 396.— August 1, 1881. 1 170 DEBATE, EULES OF: EELEVANOr: COMMITTEE MOTION, ETC. COMMITTEE MOTION. Amendment. On an amendment being moved to a question for going into Committee to consider a Ministerial Statement, with reference to the time when such statement should be made, though not out of order to consider in detail such Financial Statement, it is more convenient to discuss the immediate amendment. East India Kevenue Accounts. Committee. Order for Committee read. Motion made, and question proposed — " That Mr. Speaker do now leave the Chair." Mr. Pawcett moved an amendment—" Tliat this House regrets that the Government have so arianged public business that they have postponed bringing forward the Indian Budget until within a few days of the close of the Session." After debate, Mr. A. McArthur, in supporting the amendment, was proceeding to refer to matters of detail with rfgard to the establishment of an Indian Museum, when An hon. member rising to order, Mr. Speaker — " The original question before the House was, that this House do resolve itself into a Committee to consider the Financial Statement of the Government on the East India Revenue Accounts, since which the hon. membir for Hackney has moved an amendment with reference to the time when that statement should be made. Although I laimot say that the hon. member for Leicester is out of order in his remarks, I submit that the more convenient course would be to discuss the amendment immediately tiefore the House, and to reserve for the Committee the consideration in detail of the Financial Statement." (B) Vol. -226, p. 796 —August 9, 1875. PRIVILEGE. On a question of privilege the debate must be kept very close to the question. Parliament. Privilege. Where, on a motion for referring to a Select Committee the letter of the Chief Secretary to the Lord Lieutenant of Ireland (arrest of certJiin members of the House), Mr. Speaker restrained an hon , member from discussing the Irish Administration or the Land Act. Vol. 266, pp. 102-3, 106, 117.— February 7, 1882. Also Parliament. Privilege. Meath election. pp. 1846, 1859. (B) QUESTIONS. When the House is engaged in the consideration of questions it is out of order to attempt to discuss other matter. The Eastern Question. Treaty of San Stefano. Observations. (B) Vol. 239, pp. 20d-7.— March 29, 1878. SELECT COMMITTEE. Nom,ination. On a motion for an hon. member to be added to a Select Committee, the discussion must be confined to that particular question, Cattle plague. Importation of live stock. Nomination of Select Committee. (B) Vol. 234, pp. 194-7.— May 1, 1877. DEBATE, RULES OF : SUPPLY : REVIVAL OF QUESTION. 171 SUPPLY. Motion to report progress. On a motion to report progress in Committee of Supply, an hon. mem- ber would be at liberty to state his reasons for or against reporting pro- gress, but would not be at liberty to refer to the vote under discussion. Parliament. Badness of the House. The new rules. (B) Vol. 274, p. 1500.— November 15, 1892. REVIVAL OF A QUESTION. It is not competent to revive a question which has been once settled. Corrupt Practices Bill. Second reading. Order for second reading read. Motion made, and question proposed — "That the Bill be now read a second time." An hon- member (Sir James Elphinstone) was discussing the Ballot Bill. An hon. member (Mr. Carnegie) rose to order. Mr. Speaker said the House having just voted the second reading of the Bill, it was not competent for the hon. baronet to revive a question which had been determined by the House. (B) VoL 209, pp. 515-17.— February 15, 1872. When the House, by division, has decided a matter, a discussion thereon cannot be revived, nor reference made to circumstances connected with the division. Valuation of Property Bill. (B) Vol. 232, p. 1636.— March 8, 1877. When the House has agreed to a motion, it is irregular to re-open the discussion PubKc business. Nomination of Select Committee. On motion made and question proposed — " That Mr. Whitbread be one other member of the Committee '' — Mr. E. Jenkins was proceeding to enter into objections against the appointment of the Committee, when Mr. Speaker — " I must point out to the hon. member that the House has already agreed to the appointment of the Committee, and the question now ii that the hon. gentleman be appointed." (B) Vol. 238, pp. 361-2.— February 2.5, 1878. RIGHT OF REPLY. Substantive motion. A member moving the adjournment of the House as an original motion has a right of reply. University Tests (Dublin) Bill. Mr. Fawcett having moved the adjournment I'f the House, and a debate having ensued, Mr. Fawcett rose to reply, and was met with cries of " Order." An hon. member, Mr. Osborne, lising to order, Mr. Speaker said — " According to the practice of the House it is competent for an hon. member who has moved the adjournment of the House as an original motion to renlv." (D) Vol. 210, p. 1846.— April 25, 1872. 172 DEBATE, RULES OP: SECONDER: TELLER. An hon. member having moved a substantive motion has a right of reply. Parliament. Public tusiness. Vol. 259, p. 796.— August 10, 1880. Parliament. Privilege. Northampton. New -writ. (B) Vol. 26fi, p. 1255.— February 21, 1882. Amendment. There is no right of reply upon an amendment. Valuation of Property Bil' (B) Vol. 240, p. 1527.— June U, 1878. Order of the Day. On moving the Order of the Day a reply is not allowed. Oaths Bill. Order for Committee read Lord John Russell, on moving the Speaker leave the Chair, intimated the course he proposed to pursue. Certain questions being put by hon. members, Lord John Russell wished to know whether he would be in order in replying to the questions which had been put to him. Mr. Speaker said that the noble lord had not the right of replying on moving the Order of the Day. If the House agreed to the proposition that he should leave the Chair, the noble lord would, however, have the opportunity he desired in Committee. (D) Vol. 149, pp. 294-298.— March 17, 1858. SECONDER. A member seconding a motion, according to a practice of the House, by lilting his hat, can address the House at a later stage. Civil list. Motion for returns. Mr. Aul eron Herbert rising to address the House, Lord George Hamilton rose to order, and asked Mr. Speaker whether the hon. mem- ber for Nottingham was in order in addressing the House. The hon. member had seconded the mo'inn, according to the usual practice, by lifting his hat. Mr. Speaker said the hon. member had the right of speaking to the question, having seconded the motion without addres.-ing the House. (B) Vol. 210, p. 304.— March 19, 1872. An hon. member who seconds a motion for the adjournment of the House, when that is not a substantive motion, by raising his hat, can only speak later in the debate with the indulgence of the House. The rule that the option of speaking later is conceded when the mo^^ng or second- ing is confined to the formality of raising the hat applies to substantive motions and Orders of the Day. Parliament. Rules of debate. Rights of seconder. (B) Vol. 267, pp. 893-4.— March 14, 1582. TELLER. An hon. member who has offered himself as a teller, but who did not second the motion, is not taken as a seconder, and has not forfeited his right to speak. Bankruptcy Bill. (B) Vol. 277, p. 911. -March 19, 1883. ) DEBATE, RULES OF : SPEAKING ON atTESTION, ETC. 173 SPEAKING ON QUESTION. Speaking before question is seconded. An hon. member cannot speak to a question until tlie question has been seconded, unless he proposes to second it. Parliament. Business of the House. An amendment to a question having been moved, Mr. Newdegate addressed the House, and announced he could not vote for the amendment. Mr. Speaker—" Does the hon. memher propose to second the amendment ? If not, he is out of order." (B) Vol. 218, p. 2(7.— March 24, 1874. SPEAKING TWICE. An hon. member having made a motion or spoken or moved an amend- ment, cannot rise again and speak or make a motion. Poor Law Boards { Payment of Debts) BUL. Motion for Select Committee. Debate resumed. Mr. John Locke, rising to reply to some observations of Mr. Crawford, Mr. Speaker said the hon. member was entitled to explain anything which deserved explanation in what he had said, but having already spoken, he could not reply. Mr. John Locke — " Then I move the adjournment of the House." Mr. Speaker — " The hon. member having spoken already in the debate, has not the power of speaking again or making that motion." (D) Vol. 154, p. 1359.— July 15, 1859. Endowed Schools Bill. On the motion made, and question proposed, "That the Bill be committed to a Select Committee," Mr. DiUwyn, the member in charge of the Bill, spoke, and subsequently Mr. Speaker asked whether the hon. memher had moved the adjournment of the debate. Mr. Dillwyn said he begged to move that the House go into Committee on the Bill to-morrow. Mr. Speaker said that the hon. member, having already spoken, was not then entitled to make a motion. (D) • Vol. 154, p. 769-771.— July 7, 1859. An hon. member who has spoken cannot move the adjournment of the debate. Fortifications (Provision for Expenses) Bill. (D) Vol. 168, p. 579.— July 21, 1862. A member having once spoken on a question cannot move the adjom-n- ment of the'House. Mr. Speaker said that the hon. and loamed gentleman having already addressed the House, could not be permitted, according to the usage of the House, himself to move the adioumment. (D) Vol. 146, p. 101. - June 19, 1857. A member cannot address the House a second time to explain his action. Civil Service examinations. 174 DEBATE, RULES OF- SPEAKING TWICE. Lord Robert Cecil having spoken, and Sir Stafford Norlhcote having remarked that the noble lord, though a member of the Select Committee on Civil Service examinations, had only attendt-d once. Lord Robert Cecil wished to explain his action therein, but Mr. Speaker reminded the noble lord that, having spoken oaoe, he could not address the Hnuse again. Lord Robert Cecil said he wished to explain. Mr. Speaker — " The noble lord is out of order." (D) Vol. 158, p. 2085.— June 5, 1860. An lion, member who has spoken on the main question — " That the Speaker do now leave the Chair" — cannot speak again in answer to a question. Disturbances in Servia. (D) Vol. 168, p. 601.— July 21, 1862. When a question has been proposed, and an hon. member has moved an amendment thereto, he is held to have spoken, and cannot speak again upon the original question, the amendment having been negatived. Abyssinia. Correspondence between Dr. Beke and others and the Foreign Office. Motion for papers. (D) Vol. 190, p. 674.— December 6, 1867. An hon. member having moved the adjournment of the debate has exhausted his power of speaking, Elementary Education Bill. Vol. 202.— June 16, 1870. Crimes Abolition BUI. Committee. Order for Committee read. Debate. Mr. Newdegate moved an amendment. Debate continued, at the close of which Mr. Newdegate wished to say one or two words. (" Order.") Mr. Speaker— " The hon. member, having moved an amendment, is not entitled to speak again." Vol. 157, pp. 1419, 1458. -March 28, 1860. Navy. Roman Catholics. Observations. Vol. 186, p. 316.— March 21, 1867. University Tests Bill. Vol. 194, p. 1451.— March 15, 1869. Irish Church Bill. Lords' amendment. (D) Vol. 197, pp. 1946-1949.— July 15, 1869. An hon. member having proposed an amendment and spoken to the same, if at a subsequent stage he asks to withdraw the amendment, can- not reply upon the question. The Paper Duties Tax Bill. Lord Palmerston having made a motion for appointment of a Select Committee, Mr. P. S. Duncombe moved an amendment. At a subsequent period of the debate the hon. member asked leave to withdraw and was proceeding to comment upon some remarks made by an hon. member, when Mr. Speaker said the hon. member for Finsbury was not entitled to reply upon the uestion. Vol. 158, pp. 1717-1737.— May 26, 1860. to] DEBATE, ETJLES OF : SPEAKING TWICE. 175 An hon. member having made a motion, to which an amendment is proposed to add other words, cannot speak again until the amendment is moved. Ways and means. Order for Committee read. Motion made and question proposed — '■ That Mr. Speaker do now leave tlie Chair." Monastic and Conventual Institutions. Mr. Newdegate proposed an amendment — " To leave out from the word ' That ' to the end, in order to add other words." And the question being proposed — " That the words proposed to he left out stand part of the question" — and being negatived — An hon. member having indicated a further amendment to add words lo the proposed amendment — Mr. Newdegate rose again, when Mr. Speaker informed the hon. member that, having made his motion, he could not speak again till the amendment was moved. (B) Vol. 221, pp. 830-33.— July 27, 1874. An hon. member cannot speak twice to a question, though the House will allow an explanation to be made. Privilege. The Queen v. Castro. (B) Vol 223, pp. 1008-9.— April 15, 1875; and p. 1559.— April 23, 1875. An hon. member who has moved an amendment to the motion for the second reading of a Bill has exhausted his right to speak again on the main question. Elementary Education Bill. Second reading. Adioumed debate. (B) Vol. 230. p. 100.— June 20, 1876. An hon. member who has spoken on a question cannot, at a later stage, second a motion for the adjournment of the debate. Manchester Corporation Water Bill. Second reading. (B) Vol. 238, p. 1532.— February 12, 1878. An hon. member who has seconded a motion for the adjournment of the debate cannot speak again. Sale of Intoxicating Liquors on Sunday (Ireland) Bill. (B) Vol. 241, p. 1311.— July 11, 1878. Reply on answer to question. An hon. member cannot reply on an answer given to his question. State of Ireland. (B) Vol. 256, p. 1374.— August 17, 1880. Hon. members having spoken on an informal amendment are not entitled to speak on that amendment being withdrawn and a formal amendment being proposed in place thereof. Address in Reply to Her Majesty's Most Gracious Speech. (B) ' Vol. 267, pp. 1041-2.— January 20, 1881. 176 DEBATE, E0LES OF : SPEAKING TWICE. In asking leave to withdraw a motion an hon. member cannot make a second speech, on the subject of the motion. Poor Relief and Audit of Accounts (Scotland) Bill (B) Vol. 263, p. 758. - July 12, 1881. An hon. member having asked a question in debate, viz. : — Mr. O'Donnell asked on what understanding the right hon. gentleman agreed, to the adjournment of the House, it was decided by Mr. Speaker that he had risen and addressed the House, and had exhausted his right to speak. Protection of Person and Property (Ireland) Act Eeneal Bill. (B) Vol. 26"6, p. 352.— February 9, 1882. A member who has seconded a motion is not entitled to speak again. Supply. Report. Where an hon. member having moved the postponement of a resolution, an hon. member who " begged to second it " was ruled to have spoken. (B) Vol. 267, pp. 299-301.— March 6, 1882. The rule of debate is this — That a member who proposes a question to the House is considered to have spoken : And a member having risen to address the House, and being afterwards allowed to withdraw his motion, will still be held to have spoken because he has risen in his place to address the House ; and the Speaker would be bound to hold that although he was willing to withdraw his motion, still, having risen to address the House, he should, according to the rules of debate, be considered to have spoken. Parliament. Business of the House. The new rules. Vol. 274, p. 1524.— November 15, )882. An hon. member having seconded a motion for the adjournment of the debate has exhausted his right to speak. Address in answer to Her Majesty's Most Gracious Speech. 1 Vol. 284, p. 274.— February 7, 1884. Speaking twice : When allowed. An hon. member in charge of a Bill, if he has not been explicit in asking leave to introduce, may, by the desire of the House, add to his observations. River Thames purification. Metropolis. Leave asked. An hon. member stating it would be satisfactory if Sir Morton Peto would favor the House with a sketch of the measure, Mr. Speaker said that the hon. member had already spoken on the Bill, but the House could, (if course, give him permission to make any additional observations (D) Vol. 154, p. 602.— July 4, 1869. It is the usual practice, on the consideration of Bills or motions, and in analogous proceedings, to allow the member in charge of the Bill to make an explanation on any point. Parliament. Business of the House. The new rules. (B; Vol. 274, pp. 1495-6.— November 15, 1882. DEBATE, RULES OP: SPEAKING TWICE. 177 The House, under special circumstances, •will aUow a member to address it a second time on the same motion. Government Anniiitits Bill. Oommittee Adjourned debate. Debate resumed. Mr. Speaker said he would remind the House of the exact position of things with respect to this subject. The hon. member for Dudley (Mr. Sheridan), who hid a notice on the paper in reference to the Bill, gave it up last Friday on the understand- ing that a certain clause of the BiU would not be proceeded with that evening. Th'i hon. gentleman spoke on that point, but not at all on the general subject of lie Bill, and the right hon. gentleman the Chancellor of the Exoheqasr also replied, not on the subject of the Bill, but merely with regard to the proposed arrangement. The hon. member for Cambridge (Mr. Powell) then moved the adjournment of the debate. Now, ai;cording to the strict rules of the House, the hon. member for Dudley and the right hon. gentleman the Chancellor of the Exchequer would be con-idered as having spoken on the main question, and it would be his duty to enforce the rules of the House unless otherwise directed, and he therefore desired to know whether, under the cir- cumstances, it was the pleasure of the House to put those two gentlemen into a position to speak on the main question ? The two hon. gentlemen were then allowed lo speak on the main question, (D) Vol. 173, pp. 1548-50. -March 7, 1864. The steam rams at Birkenhead. Question. Sir Lawrence Palk having put a question to the Attorney- General, The Attorney-General — ' As I have already spoken, I will promise not to make a speech in answering the hon baronet." Mr. Speaker — " It is only by the express permission of the House that the hon. and learned gentleman can again address it." (D) Vol. 174, p. 695.-April 8, 1864. The House would probably not object to an hon. member oifering any remarks that may be necessary to clear up any point of moment ; but to enter into a general statement would be irregular. Ireland. The Fenian prisoners. (D Vol. Ib6, p. 1990.— May 3, 1867. An hon. member can only address the House a second time by the permission of the House ; and if such permission is accorded, it is for the House to decide whether or not such hon. member is exceeding the limits of the privilege. Conventual and monastic institutions. Motion for nomination of Select Committee. Adjourned debate. (D) - Vol. 201, pp. 51-6. -May 2, 1870. Constabulary and police (Ireland). Pay and Pensions Bill. (B) Vol. 278, p. 1942.— May 4, 1883. By the indulgence of the House an hon. member may speak a second time, to explain a point which is not clear. Parliamentary and Municipal Elections BiU. Vol. 211, p. 536.— May 9, 1872. Treaty of Washington, Questions. Vol. 211, p. 1741.— June 14, 1872. Upon which latter occasion an hon. member, desiring to preface a question with ji prehminary statement, moved the adjournment of the House. And the Prime Minister having repKed, two noble lords put questions to the Prime Minister, whereupon Mr. Speaker remarked — " There is now a motion before the House that this House do now adjourn, and therefore it is only by the indulgence of the House that the 178 DEBATE, RULES OF : SPEAKING TWICE. Prime Minister can speak again. But he can do so if it is the wish of the House that the indulgence should be granted. ('No, no,' and 'Withdraw.') The circumstance marks the inconvenience of the practice of moving the adjournment of the House on putting questions. If the hon. gentleman who moved the adjournment of the House had confined himself to putting a question, then the Prime Minister could have an- swered the questions now put by the two noble lords without irregularity." Vol. 211, pp. 1733-41.— June 14, 1872. Education (Scotland) Bill. Lords' amendments. Mr. Gordon speaking a second time, and referring to another Bill, Mr. Speaker said he must remind the hon. and learned gentleman that he had no right to enter upon matters connected with the Ballot Bill, and that, \\dthout the in- dulgence of the House, he could not go beyond explanation. (B) Vol. 213, p. 164.— July 30, 1872. An hon. member having spoken may ask for explanation on a point raised by a subsequent speaker. Education (Scotland) Bill. Lords' amendments. Mr. Gordon speaking again, and an hon. member rising to order, Mr. Speaker — " The rule is clear. The hon. and learned gentleman is not entitled to make a speech ; but, under the circumstances, and by the indulgence of the House, he can ask for explanation on the point raised by the Lord Advocate. If he travels beyond that he will be exceeding the rules of the debate " (B) Vol. 213, p. 164.— July 30, 1872. An hon. member having spoken to the question — " That Mr. Speaker do now leave the Chair" (for Committee of Supply), if another amend- ment is moved, can speak again. Eailway accidents. The Royal Commission. Resolution. Supply. Motion — " That Mr. Speaker do now leave the Chair." An amendment moved. Mr. Bentinck addressed the House. Amendment withdrawn. Another amendment moved. Mr. Bentinck rose — Objection taken that the hon. member had already spoken. Mr. Speaker said the question now before the House was different from that on which the hon. gentleman had previously spoken, and therefore he was at Hberty to speak on the present question. (B) Vol. 218, p. 1883.— May 7, 1874. An hon. member having moved for a return is allowed, subsequently, to give reasons for such motion. City companies. Oaths by freemen. Motion for a return. (B) Vol. 232, pp. 632-3 —February 19, 1877. Motion, Withdrawal of : New question. When a motion has been put and withdrawn, and a portion of that motion is again put, a new question is thereby constituted, and a member can again speak. Irish Church Bill. Lords' amendments. Order for consideration read. DEBATE, EDLES OF: THE SOVEREIGN'S NAME. 179 Motion made, and question proposed — "That this House doth disagree with the Lords in the said amendment." (Mr. Gladstone.) Motion hy leave withdrawn. Motion made and question proposed — " That this House doth disagree with the Lords in the said amendment as far as the word 'religion' in line 10 inclusive." (Mr. Glad- stone.) Mr. Newdegate rose to address the House. (Cries of " Spoke, spoke.") Mr. Speaker said " That this being a new question, the hon. member for North Warwickshire was perfectly in order." (D) Vol. 197, pp. 1910-24-41-42.— July 15, 1869. An hon. member having moved an amendment is not entitled to reply, and can only explain, with the indulgence of the House, if he proposes to withdraw the motion. Metropolitan and Metropolitan District Railways Bill. Consideration as amended. Vol. 254, p. 1491.— July 27, 1880. Bares and Rabbits Bill. (B) Vol. 254, p. 1836.-July 30, 1880. An hon. member having moved the second reading of a Bill has no right of reply ; but if an amendment is moved a new question is thereby created and may be debated. Great Eastern Railway ( High Beech Extension) BiU. (B) Vol. 277, pp. 187-8.— March 12, 1883. SPEECHES MADE OUTSIDE THE HOUSE. An hon. member is in order in quoting a speech which he has read of another hon. member. An Irish Parliament. (B) Vol. 233, p. 1816.— April 24, 1877. Reference to speeches outside the House may be made in terms which would not be permitted in respect of speeches made in the House. Volunteer Corps (Ireland) Bill. An hon. member asking if another hon. member was in order in alleging that any member in that House talked treason, Mr. Speaker said that if the hon. member had imputed treasonable intentions to hon. members for what they had said in that House, he would he out of order ; hut the hon. member appeared to be referring to speeches which had been delivered outside that House. (B) Vol. 246, p. 1929.— May 7, 1879. THE SOVEREIGN'S NAME. Introduction to influence debate. It is out of order to introduce the Sovereign's name to influence debate. Royal Titles Bill. Committee. Lord Elcho, in debate, having said— " It would not be reasonable on the part of the House of Commons, niter receiving Her Majesty's Speech, to make her stultify her- self by the rejection of this Bill altogether " — Mr. SulHvHn, at the conclusion of the noble lord's speech, rose to order, and asked Mr. Speaker if it was in order to introduce the Sovereign's name to influence hon. members. 180 DEBATE, RULES OF- WEARISOME REPETITION. Mr. Speaker — " No doubt the introduction of the name or the wishea of the Sovereign, with a view to influence the judgment of the House, is altogether out of order. If I had thought that the noble lord who has just addressed the House had so offended, I should have considered it my duty to have called him to order." (B) Vol. 228, pp. 133-6.— March 16, 1876. The introduction of Her Majesty's name into a debate is out of order. Criminal law. Pardon of Fenian convicts. (B) Vol. 235, p. 1596.— July 20, 1877. When allowable. But by tbe indulgence of the House the Sovereign's name may be introduced in respect to a statement of facts, and not made to influence the judgment of the House. Privy Council (oaths taken by members, &c.) : Address for returns, when Mr. Disraeli informed the House that he had the authority of Her Majesty to make a statement on her part, but as the name of the Sovereign could not be introduced in debate, it rested with the House whether he should go on. Mr. Speaker — "As the House is aware, one of the rules of the House is this, that the introduction of the Queen's name into debate, with a view to influence the decision of the House, would certainly be out of order. At the same time, if the statement of the right hon. gentleman relates to matters of fact, and is not made to influence the judgment of the House, I am not prepared to say that with the indulgence of the House he may not introduce Her Majesty's name into that statement." (B) Vol. 228, p. 2037.— May 2, 1876. The rule against the introduction of the Sovereign's name into debate does not apply to quoting from a book published with the sanction of the Sovereign. Electoral disabilities of women. Mr. Henry James, quoting from a book a letter written by Her Majesty, in which, she says — " I grow daily to dislike them (politics, sciL) more and more. "We women aie not made for government, and if we are good women we must dislike these mascu- line occupations." Objection taken. Mr. Speaker — "It is irregular to introduce the name of the Sovereign fdr the purpose of influencing the judgment of the House ; but in thiscase I understand that the hon. and learned member is merely quoting from a book published with the sanction of Her Majesty, and therefore he is not out of order." (E) Vol 244, p. 492.-March 7, 1S79. It is in order to introduce the Sovereign's name in illustration of a point. M. Challemel Lacour, the French Ambassador. (B) Vol. 252, pp. 1933-4.- June 14, 1880. "WEARISOME REPETITION. Appeal to memher. An hon. member having tried the patience of the House is appealed to by Mr. Speaker. The Fenian conspiracy. Motion for a Select Committee. DEBATE, RULES OF: WILFUL OBSTRUCTION. 181 The House having exhibited great impatience, Mr. Speaker appealed to the hon. member for Peterborough whether it was not desirable under the cirrumstances, and considering the length of time that had already been spent, that he should exercise forbearance, and not proceed further with his The hon. member responded to the appeal from the Chair. (D) Vol. 183, pp. 1692-97.— June 1, 1866, The Speaker occasionally appeals to an hon. member not to weary the House. The Queen v. Castro. The trial at bar. Mr. WhaUey, in making a, personal explanation, was exceeding due limits, amid cries of " Order." Mr. Speaker reminded the hon. member that he was exceeding the bounds of personal explanation. And the hon. member continuing, and renewed cries of " Order " being raised, Mr. Speaker ' ' I have to suggest to the hon. member that he is drawing too much on the indulgence of the House in repeating observation-i which he has made more than once." Vol. 224, pp. 175-8.— May 6, 1875. Also the Tichbome trial. Observations. (B) Vol. 226, pp. 525-6 —August 4, 1875. In the case of an hon. member repeating the same argument over and over again, Mr. Speaker reminds him that he " is thus trying very severely the forbearance of the House." The Irish Estimates. Observations. (B) VoL 240, p. 1662.— June 17, 1878. Tedious repetition (new rules). There is a Standing Order against tedious repetition, and Mr. Speaker applies it, and calls upon the member to discontinue his speech and resume his seat if necessary. Constabulary and Police Administration (Ireland) Bill. (B) ■ Vol. 282, p. 1081.— July 30, 1883. WILFUL OBSTRUCTION. South Africa Bill. Committee. Mr. Paruell said he felt a special satisfaction in preventing and thwarting the inten- tions of the Government in respect to this Bill. The words being taken down by the Clerk at the table, the House resumed, and Mr. Raikes from the Committee reported that the hon. member for Meath used these words, which were afterwards, by direction of the Committee, taken down by the Clerk at the table, and that he was ordered to report these words to the House. The Chancellor of the Exchequer moved — " That the hon. member for Meath be suspended from his functions of speaking and taking part in the debate of this House until Friday next." Mr. Speaker having invited the hon. member to speak from his place, and the hon. member raising other issues, Mr. Speaker informed the hon. member that he could only be heard in explanation, and his observa'ions must be confined to the words he is reported to have used. 182 DIVISIONS. And Mr. PameU having witlidrawn, Mr. Speaker infoi-med the House that any memher wilfully and persistently obstruct- ing public business, without just and reasonable cause, is guilty of contempt of this House, and is liable to punishment, whether by censure, by suspension from the service of this House, or by commitment, according to the judgment of the House ; and left to the House the course to be adopted. Debate ensuing upon the main question now before the House, the debate was adjourned ; and Mr. Speaker, in ans«er to a question put, said that, pending the judg- ment of the House on the main question before it, the hon. member for Meath was at liberty to enter the House and take part in the proceedings. (B) Vol. 235, pp. 1809-26.— July 25, 1877. DIVISIONS. An hon. member challenging the Speaker's decision must vote accord- ingly. On the Representation of the People Bill and Redistribution of Seats Bill. Mr. Speaker having put the question, and having declared the Ayes to have it, some member cried, "The Noes have it," whereupon Mr. Speaker again put the question and declared the Ayes to have it. Mr. Speaker subsequently stated, for the information of the hon. member — That any gentleman who has just given his voice with the Ayes, and then said that the Noes had it in order to force a division, does an irregular and unparliamentary thing. And any- body who has given his voice with the Ayes, when the Speaker in conformity with that has declared the Ayes have it, challenges that decision of the Speaker and says the Noes have it, would have to vote with the Noes. (D) Vol. 183, p. 1219.— June 4, 1866. When no negative voices. When no voice is given in the negative no division can take place. The Derryveagh Evictions. Question-" That the words proposed to be left out stand part of the question." Put and agreed to. Mr. Speaker having put the question, declared the amendment negatived. Mr. Butt said the Noes have it. Mr. Speaker observed that as no hon. member had given his voice in the negative when the question was put, there could not exist any doubt as the decision of the House, and there was nothing to divide upon. (D"i Vol. 163, p. 1514.— June 24, 1861. Tellers necessary. There can be no division without two tellers. Ireland. Mr. Clifford Lloyd: On a question for the suspension of a member he was proposed as a teller for the Noes, but Mr. Speaker said that unless another teller could be named, he should declare that the Ayes had it. (B) Vol. 268, p. 1017.— Api-il 20, 1882. DIVISIONS. 183 Ohligation to vote. After a question has been put, members present are bound to vote. The matter all turns on a question of fact. Prince Louis Napoleon. Supply. Committee. Mr. Speaker's attention being called to the fact that certaiu hon. members left the House, and went into a room behind the chair after the door in the lobby had been closed by the Sergeant-at-Arms (it not, however, being alleged that the members in question heard the question put) — Mr. Speaker said — ■' The hon. gentlemen wera entitled to withdraw, and that the room is not within the House for the purpose of a division.' ' Subsequently, in reply to a further question, Mr. Speaker declared the rule of the House to be that, after a question has been put, members present are bound to vote. The matter all turns on a question of fact. (B) Vol. 254, p. 730 and p. 735.— July 16, 1880. Member present in lobby declining to vote. If one of the tellers reports to Mr. Speaker that an hon. member pre- sent in the lobby had declined to vote, not having heard the question put, Mr. Speaker, having ascertained from the hon. member that he had not heard the question put, puts the question to the hon. member, and asks on which side he declares himself, and directs his vote to be recorded accordingly. Harrison's Estate Bill. (B) Vol. 283, p. 1123.— July 31, 1883. Member's vote, how recorded. A member's vote must be recorded according to the division lobby into which he has gone. Paper Duty Repeal BUI. Third reading. Question put. House divided. Notice taken that Mr. Ingram, oue of the members for Boston, had been in the - division lobby with the Noes, and having passed the division clerks had avoided being counted by the teller, whereupon the Speaker directed the hon. member for, Boston to come to the table ; and Mr. Ingram, being come to the table, stated that he had gone into the lobby with the Nues by mistake. Mr. Speaker accordingly directed his vote to be added to the Noes. (D) Vol. 158, p. 9,67.— May 8, 1860. Member's vote added. An hon. member's name will be added to the list if in the lobby, although the tellers have left their places. Burial and Cemetery Acts. Main question put. The House divided. Mr. Bi-aad, addressing Mr. Speaker, said he had to report that though the hon. mem- ber for Dungarvdn was in the lobby with the Ayes he had not been counted, not having passed through before the tellers left their places. Mr. Speaker — " "Was the hon. member in the lobby intending to vote ?" Mr. Maguire — " I was, sir." Mr. Speaker — " Did the hon. member hear the question put ?" Mr. Maguire — " 1 did, sir ; and I intended to vote with the Ayes." Mr. Speaker — " The name of the hon. member must be added to the names of those who voted for the motion." (D) Vol. 164, p. 210.— July 2, 1861. 184 DIVISIONS. Member voting against his own motion. An hon. member, if lie votes as he gave his voice, is in order. Parliament. Business of the House. Resolution. Motion made, and question proposed (resolution, scil., re Committee of Supply). Mr. Beresford Hope spoke, and moved, in concluding, the adjournment of the debate, on which question the House divided. Sir George Bowyer, speaking seated, said he was informed that the hon. member for Camhridge University (Mr. Beresford Hope) had brought forward a motion, and had himself voted against it. He appealed to the Speaker to say whether that was in order ? Mr. Speaker said that if, when the question was put, the hon. member for Cambridge University gave his vote as he gave his voice, he was in order. (B) Vol. 227, pp. 471-3. - February 17, 187a. Challenging the numbers. The numbers having been reported by the tellers without challenge must be accepted. Sugar industiies. Resolutions. After division, Mr. E. Jenkins said three hon. members were in the lobby, but their names were not counted. Mr. Speaker said that the number of the hon. members who passed them was counted by the tellers, and they made a report to the House. He must point out to the hon. member that, the numbers having been reported to the House by the tellers, and not challenged before the report was made, the numbers must be accepted. (B) Vol. 245, p. 919.— April 22, 1879. Division overriding Standing Order. A division of the House cannot override a Standing Order. Affirmations Bill. Second reading. Order for second reading read. Debate. Mr. Crawford moved the adjournment of the debate, it being within a minute of a quarter to six, at which hour all debates or opposed matters must cease on Wednesday. House divided — Ayes, 5" ; Noes, 183. Mr. Speaker said that the House, by the division just taken, had expressed an opinion that the debate should not be adjourned, but there was a Standing Order more impera- tive which directed that at that hour any business under discussion should stand adjourned. Whereupon, it being a quarter of an hour before six of the clock, Mr. Speaker adjourned the debate till to-moiTow. (D) Vol. 181, p. 1940.— March 13, 1861. Members excluded prematurely. If from any cause members are excluded from dividing, by reason of the doors being locked. Mr. Speaker has uo authority to set aside the division, although the doors have been locked prematurely. Parochial Boards (Scotland) Bill. do that which the hon. and learned gentleman desired to do without an instruction, and that being so it was contrary to rule that any formal instruction should be carried." (D) Vol. 163, pp. 597-8.-June 5, 1861. A proposed instruction to a Committee giving powers already possessed is not in order. Irish Church Bill Committee. Order for Committee read. Mr. Sinclair mored an instruction. Mr. Speaker ruled the instruction is not in order for this reason — " That the Com- mittee already possesses the power he proposes to give it by the instruction. In order to prevent the necessity of special instructions to Committees a Standing Order was passed, in 1854, that all Committees should have the power to make such amendments as they deem tit in Bills, provided they are relevant to the subject of the BUI." (D) Vol. 195, p. '847 .—April 15, 1869. An instruction to a Committee giving it powers it already possesses is out of order. Election (Parliamentary and Municipal) Bill. (D) Vol. 207, pp. 401-2.— June 22, 1871- Metage of Grain (Port of London) BUI. Second reading. Bill read a second time and committed. Mr. Chichester Fortescue moved an instruction. Mr. Bouverie wished to have the opinion of Mr. Speaker as to whether it was in accordance with the rules of the House to instruct a Committee positively that they should do a particular thing. Mr. Speaker; — " It is certainly unusual to give instructions of this nature to Com- mittees on Private BUls ; but if the House thinks fit to give a specific direction in this matter it is quite within its competence, and there is nothing in the proceeding opposed to the Orders of the House. I am bound, however, to say that the proposal to make the amendment suggested by the right hon. gentleman, the member for Morpeth, seems to be out of order, for this reason, that the Committee would clearly have the power of making such provisions without any such instructions ; and it is irregular to give an instruction to a Committee to do that which they already have power to do." Vol. 210, pp. 1260-2.-April 15, 1872. It is irregular tp attempt by instruction to give a Committee that which it already has the power to do. Nor is an instruction admissible which involves a charge, as, according to the Standing Order, such a proposition can only be introduced in a Committee of the whole House, and upon the recommendation of a Minister of the Crown. Land Law (Ireland) Bill. Committee. (B) Vol. 261, pp. 1369-70.- May 26, 1881. Time for objecting to. Objections to an instruction must be urged when the instructions are under discussion. Bepresentation of the People (Scotland) BUI. 194 INSTRUCTIONS TO COMMITTEES. An instruction- to the Committee having been moved, Sir George Bowyer objected to the instruction. Mr. Speaker said that if the hon. member had any objections to the instruction to the Committee, that the proper time to have brought them forward was when the instruction was under discussion. The House had passed the instruction, and it was now too late to discuss the point of order. (D) Vol. 192, pp. 468-469.— May 18, 1868. Appropriation Bill : Instruction of the nature of a tack. Mr. Speaker is asked whether it would be in order to move an instruction to the Committee on the motion for going into Committee on the Appropriation Bill, to the effect that the eighth clause of the Bill (the Registration of Voters Bill) should be added to the Appropriation Bill. Mr. Speaker — " The question is whether it will be in order on going into Com- mittee on the Appropriation Bill, to move an instruction to introduce the provision stated by the hon. member into that Bill. If such an instruction were moved I should not consider it my duty to decline to put it from the Chair ; but I am bound to say that such a motion would be in the nature of a tack t' < a Money Bill . I can say positively that no such proceeding has taken place in this House for a period of 150 years. The House of Lords, as this House is aware, has always respected the rights and privileges of this House, and has abstained from amending Money Bills. So, in like manner, has this House abstained from sending up Money Bills containing anything in the nature of a tack to a Money Bill." Order. The Appropriation Bill. The Registration of Voters (Ireland) Bill. Tacking. {B) Vol. 256, pp. 1058-9. September 2, 1880. Also pp. 1209-10, where Mr. Speaker, before putting the question for the instruction to the Committee, repeated his remarks, ut supra. Continuance Bills : Instructions to Committees on. Where a Bill is simply a Continuance Bill of an Act now in force, it is not competent for the Committee to introduce a clause of a different nattire to the simple scope of such Bill, but it may be an instruction to the Committee to introduce such a clause. Poor Law Board Continuance Bill. Committee. Order for Committee read. Lord Edward Howard moved an amendment, viz., an instruction to the Committee to introduce clauses of a creed register, &c. Mr. Speaker is asked whether such an instruction is in order, on the ground that either the Committee have the power already, or that the matter is foreign to the object of the Bill. Mr. Speaker said — " Whether on a Continuance Bill it was a convenient occasion to introduce such an instruction was an entirely different question, but in point of form he did not think that the noble lord was out of order." In reply_ to a further point, Mr. Speaker decided that it would not be competent for the Committee to introduce such a chiuse without a special instruction, (D) Vol. 169, pp. 1912, 1924.— July 13, 1860. Trade Bill : Instructions to Committee. It is not competent, by an instruction to the Committee on a Trades Bill, to extend the operation of the Bill to other trades. This must be done by a preliminary Committee. Sale of Spirits Bill. Committee. Order for Committee read. INSTRUCTIONS TO COMMITTEES. 195 Mr. W. E. Forster said that before the House went into Committee he wished to move, " That i' be an instruction to the Committee that they have power to extend the operation of the Bill and of the Act thereby amended to the sale of beer, wine, and cider." Objection taken by Sir George Grey that the rules of th» House require that any legislation affecting trade should originate in a Committee of the whole House. Mr. Speaker said that, with reference to the point of order raised by the right honor- able gentleman the Secretary of State, the necessity for an instruolion arose from the Acts relating to spirits being considered 1 1 be quite a distinct class of themselves ; and therefore dealing with beer, cider, and wine would be dealing with different trades. As the House could not deal without a preliminary Committee, if they proposed to deal ■with them by an instruction they would pass by a stage which in due order and course ought first to have been g(me through ; and the instruction would deal with matters ■which by the rules of the House ought first to have been dealt with in Committee of the whole House. For these reasons the objection to the proposed mode of proceeding would, if pressed, hold good. Motion, by leave, withdrawn. (D) . Vol. 167, pp. 696-700.-June 18, 1862. Instruction to Select Committee. On the nomination of a Select Committee for reference of a Bill it is competent to move an instruction to the Committee. Eivers Conservancy and Floods Prevention Bill. Second reading. were not taken down, and that no motion was made that they be taken down ; that the Chairman had acted ultra vires, not haying any instmction or motion from the Committee. " Mr. ."speaker pointed out that the Chairman of Committees acted according to his duty. He considered the conduct of the hon. member was irregular and disorderly, and, as Chairman of Committees, he was bound to report that conduct to the Speaker, so that the House might take what course it thought proper under the circumstances ; that the practice of taking down words objected to applies only when the House or Committee is in debate. Upon this occasion the hon. member was not in debate. The debate had been closed, and the only course open to the Chairman was to do what he did. Parliament. Privilege. (B) Vol. 271, pp. 1272-73.— July 3, 1882. Exclusion from the House. Exclusion from the House is exclusion from the outer door — beyond the outer door — of the House. Parliamentary oath (Mr. Bradlaugh). (B) Vol. 281, pp. 1239.1242.- July 12, 1883. Parliamentary oath (Mr. Bradlaugh). The House having on division renewed a motion agreed to in a former Session — " That the Serjeani-at-Arms do exclude Mr. Bradlaugh from the House until he shall engage not further to disturb the proceedings of the House," Mr. Speaker is asked whether it is competent to make a further motion that the resolution be made a Standing Order. Mr. Speaker — "The question is one of great importance. It is not for me to restrain the power of this House ; but as this question aflerts the political rights of a member of this House it would not, I think, be competent to move that the resolution be made a Standing Order. (B) Vol. 281, pp. 801-8.— July 9, 1883. Extra-parliamentary speeches. Extra- parliamentary speeches of hon. members are not matter for the cognisance of the House as a rule. The Ministry. Extra-parliamentary speeches. Speech of Mr. Herbert Gladstone at Leeds. , . , ■ (B) Vol. 276, p. 715.— February 23, 1883. 200 MEMBERS. There may be occasions when it may be necessary to bring before the House expressions used outside ; but it is not advisable to make a common practice of noticing such expressions and bringing them forward as breaches of privilege. Parliament. Privilege. Mr. Herbert Gladstone. Mr. J. R. Yorke put a question to the hon. member for Leeds, the Junior Lord of the Treasury, as to the correctness of the report in The Daily News of a speech made by him at a meeting of the Hornsey Liberal Association at Highgate, in which he said — " Obstruction in the House of Commons came from a conspiracy of the Tory party as a whole ; and although the House had already benefited by the forms of procedure, yet it was perfectly clear that the new rules that had been f r amed, although perfectly competent to put down obstruction from a few men, were not sufficient to deal with it from a whole party . . . They would not be able to read even the Bankruptcy Bill before Easter, and everybody knew that that was due to a dangerous and malicious conspiracy on the part of the Tory party.' ' Mr. Herbert Gladstone having admitted that the words quoted were substantially correct, and that he thought the words "malicious conspiracy" stronger than the occusion required, although adhering to the conviction that there was united action to obstruct Government measures ; Mr. J. R. Yorke, in consequence of this answer, intimated his intention of a pro- ceeding as a matter of privilege. Mr. Speaker — '• I understand from the observations which have fallen from the hon. ihember tha' he proposes to bring this matter before the House as a question of privilege. I further understand that the extract from the newtpaper which has been read by the hon. gentleman refers to expressions which have been used by the hon. member for Leeds (Mr. Herbert Gladstone) outside tlje House. 1 am not here to say that there inay not be occasions when it may not be fit, and even necessary, to bring before the House expressions whiih have been used outside the House by one of its members ; but I think that the Hou«e would do well not to make it a common practice to take notice of expressions used outside of the House, and to bring them forward as breaches of privilege. I am bound to say that if these questions are to be treated as breaches of privilege the House will set a dangerous precedent. I am aware that occasionally that course has been taken — that is to say, that notice has been taken of expressions which have not been used in the House but outside the House by members of the House — but such occasions have been very rare. There was one such occasion in the year 1S75, when a member speaking outside of this House of the Irish party, ilid speak of that party in languige of a violent personal character. Notice was taken in this House of the expressions which had been used ; but the expressions attributed to the hon. member for Leeds (Mr. Herbert Gladstone) are not of that violent character, and I think, after the withdrawal of the words " malicious conspiracy" by the hon. member, that the matter should go no further; and, unless I am otherwise instructed by the House, I shall consider it my duty not to treat this matter as a breach of privilege." (B) Vol. 277, p. 568-70. -March 15, 1883. Introduction of new member : Rules as 1o. The uniform practice of the House is that a new member, coming into the House for the first time, should be introduced by two members. Parlinment. Rules and orders as to introduction of new members. Mr. Edward Vaughan Kenealy, who had been returned, having come to the table to be sworn without being introduced by two members, Mr. Speaker pointed out to the hon; member the uniform practice of the House, by which a new member should be introduced by two members. MEMBERS. 201 And Mr. Kenealy questioning whether there was any law or rule to prevent the oath being administered, . Mr. Speaker interposed — ' I have to call the attention of the House to a resolution of this House on the 23rd February, 1688, with reference to this practice. It is recorded in the journals of the House in these terms : — ' The House being informed that it was an ancient order and custom of the House that upon new members coming into the House they be introduced to the table between two members, making their obeisames as they go up that they may be the better known to the House, resolvfd — " That the said order and custom be for the future observed." ' This resolution has been invariably acted on by this House up to this time. I have had diligent search made in the journals of the House, and 1 do not find that any departure from the practice has ever been Sdnctioned. The Housa wiU observe that the object of the resolution appears to be to identify the member. It is my duty in this Chair to see the resolutions of the House enforced ; but should the Hou^e think fit. upon this special occasion, to dispense with its former resolution, it will give the necessary directions." For reasons which were evident the House fina ly resolved to dispense with the resolution on this occasion. (B) Vol. ■22-2, pp. 486-90.- February 18, 1873. I'lie lobby of the House : Conduct in. Mr. Speaker does not give an opinion upon occurrences in the lobby. Parliament. Order. Threatening a member. (B) Vol. 263, p. 56.— July 5, 1881. Obstruction. Mr. Speaker, being asked what constituted wilful and persistent obstruction, said — "The principal question which the right hon. gentluman has put to me I understand to be this : What is wilful and persistent obstruction of the business of the House so 8S to bring a memtier wilfully and persistently obstructing within the operation of the Standing Order to which reference has been made ? Now I will say this : I can well understand that, although members speaking to the question before the House may speak altogether in order with respect to that question, still 1 can well under- stand that members may enter into a combination to effect a purpose which would bring them within the operation of this order : and if I found that there was a distinct and clear combination on the part of members of the House wilfully and per^istently to obstruct the business of the House hy combination, I should consider that this Standing Order would apply. I am bound to say that the course of this debate has brought before me evidence of that combination in so far as to bring members wilfully obstructing within the operation of the Standing Order." Protection of Person and Property (Ireland) Bill. Vol. 257, p. 1944.— January 31 and February 1, 1881. And, subsequently, at 9 a.m., February 2, the House having fat continuously, Mr. Speaker having returned to the House (the Deputy Speaker having been in the Chair during Mr. Speaker's absence), Mr. Speaker addressed the House as follows: — "The motion for leave to bring in the Protection of Person and Property (Ireland) BiU has now been under discussion, for above five days. The piesent sitting having commenced on Monday last at four o'clock, has continued until this ("Wednesday) morning, a period of forty-one hours, the House having been frequently ocrupied- with discusiaons upon repeated dilatory motions for adjournment. However prolonged and tedious these di.-cussion8, the motions have been supported by small minorities in opposition to the general sense of the House. ' ' A crisis has arisen which demands the prompt interposition of the Chair and of the House. The usual rules have proved powerless to ensure orderly and effective debate. An important measure recommended in Her Majesty's Speech nearly a month since, 302 MEMBERS. and declared to be urgent in the interests of the State by a decisive majority, is being arrested by the action of an inconsiderable minority, the members of which have resorted to those modes of ' obstruction ' which have been recognised by the House as a parliamentary offence. " The dignity, the credit, and the authority of the House are seriously threatened ; and it ia necessary that they should be vindicated. Under the operation of the accus- tomed rules and methods of procedure the legislative powers of the House are paralysed. A new and exceptional course is imperatively demanded ; and I am satisfied th«t I shall best carry out the will of the House, and may rely upon its support, if I decline to oaH upon any more members to speak and at once proceed to put the question from the Chair. I feel assured that the House will be prepared to exercise all its powers in giving effect to these proceedings. " Future measures for ensuring orderly debate I must leave to the judgment of the Hou-e ; but I may add that it will be necessary either for the House itself to assume more effectual control over its debates or to entrust greater authoritv to the Chair." (B) Vol. 257, pp. 2032-3.~January 31, Februaiy 1, February 2, 1S81. N.B. — After the division, which was at once taken, Mr. Gladstone gave notice of resolutions as to the conduct of business with a view to preventing similar scenes. Parliamentary oath. An hon member would be disobeying the rules and practices of the House if he were to come to the table to take the oath without having been called upon to do so by the Chair. On Monday, May 3, 1880. — Mr. Bradlaugh, returned as one of the members for the borough of Northampton, came to the table and delivered the following statement, in writing, to the clerk : — " To the Eight Honorable the Speaker of the House of Commons. — I, the under- signed, Chai'les Bradlaugh, beg lespectfully to claim to be allowed to aflSrm, as a ' person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath ' Ch. Bkadlaugh." And being asked by the Clerk upon what grounds he claimed to make an affirmation, he answered by virtue of the Evidence Amendments Acts, 1869 and 1«70. And this being reported to the Speaker by tlie Clerk — Mr. Speaker — "If the hon. member desires to make any statement to this House, strictly confined to the point in question— that is, with regard to his not taking the oath of allegiance — I presume the House will give him an opportunity of making that state- ment. Having made it, it will be my duty to call upon the hon. member to withdraw, in order that the mat'er may be considered by the House." And Mr. Bradlaugh having made a short statement, in obedience to Mr. Speaker, withdrew. Mr. Speaker thereupon formally reported the matter to the House, and referred the matter to the judgment of the House. A Select Committee was accordingly appointed " to consider and report their opinion whether persons entitled under the provisions of the Evidence Amendment Act, 1S69, and the Evidence Amendment Act, 1870, to make a solemn declaration instead of an oath in Courts of Justice, may be admitted to make an affirmation or declaration instead of an oath in this House, in pursuance of the Acts 29 and 30 Vict., c. 19, and 31 and 32 Vict., c. 72." Power to send for persons, papers, and records. (B) Vol. 252, pp. 20-29.— May 4, 1880. On Tuesday, May 1 1 . — -On division it was ordered that the Committee do consist of nineteen members, and leave was given to the Committee to sit and proceed, notwith- standing the adjournment of the House — (pp 62-3). MEMBERS. 203 On Friday, May 21. — Mr. Bradlaugh came to the table to take and subscribe the oath, and the Clerk was proceeding to administer the same, when Sir H. Drummond Wolff-" I object, Sir, to the oath being administered to the hon. member for Northampton.'' Mr. Speaker — " I wish ,to point out to the hon. member for Poitsmouth (Sir II. Drummond Wolff) that the House is now engaged in the administration of the oath of allegiance to members of the House. It wUI be the duty of the Clerk to administer the oath to hon members as they onme up, one by one ; but if the hon. member for Portsmouth has any objection to offer, now will be the time.' ' And Sir H. Drummond Wolff objecting, Mr. Speaker — "In that case it is my duty to call upon the hon. member for Northampton to withdraw for the present." Mr. Bradlaugh having withdrawn, Mr. Dillwyn asked whether, an hon. member having presented himself at the table for the purpose of taking the i ath, it is competent for an hon. member to interfere. Mr. Speaker — ''The House is now engaged in carrying out one of its primary duties, in securing that every member on taking bis seat in this House is called upon to take the oath of allegiance. A member of this House has presented himself at the table to take the oath i" the usual form. 1 am bound to say that I know of no instance where, a member having offered to take the oath in the usual form, any interposition has been allowed by the House to bis doing so. Yet, if the hon. member for Portsmouth risies in his place and has any observations to offer upon the matter, I may not consider it my duty to interpose. At the same time I am not prepared to say, wiliiout hearing the hon. member, and what the terms of his motion are, whether it is a motion which ought properly to be put to this Hi.use." Sir H. Drummond Woltf consequently moved that the hon. member be not allowed to take the oath, &c. — pp. 1S7-91. Which was negatived on division, May 24, 1880 — pp. 412-16 — An amendment being put for reference to a Select Committee, which was carried, May 2-5 — p. 460 — and Connnittee nominated, May 28 — p. 667. (B) A member (Mr. C. Bradlaugh) having requested Mr. Speaker by letter to call him to the table for the puTpjse of taking the oath required by law, and. in the event ot Mr. Speaker feeling a difficulty in so doing, asking to be heard at the bar, Mr. Speaker read the letter to the House, and in view of past resolutions of the House respecting the member, desired the instructions of the House ; whereupon, Motion being made and question proposed — " Thiit, having regard to the resolutiims of this House of the 22nd June, 1880, of the 26th April, 18f 1, and of the 7th February and 6th March, 1882, and to the report and proceedings of the Select Committees therein referred to, Mr. Bradlaugh be not permitted to go through the form of repeat- ing the words of the oath prescribed by the Statutes 28 Vic, c. 19, and 31 and 32 Vic, u. T2." (Sir Stafford Northcote.) Motion being made "That Mr. Bradlaugh should, be heard at the bar, " and objection taken that another motion was before the Chair, Mr. Speaker — "As I understood the House appealed to be in doubt whether Mr. Bradlaugh should be heard at the bar, I will take the pleasure of the House on that matter." Question put and agreed to. Mr. Bradlaugh was heard at the bar, and the resolution (Sir Stafford Northcote) put and agreed to. Parliamentary oath (Mr. Bradlaugh). (B) Vol. 278, pp. 1842-62.— May 4, 1883. Parliament. Privilege. Parliamentary oath (Mr. Bradlaugh). (B) Vol. 279, p. 238.— May 8, 1883. 204 MEMBEHS. Personal interest A member may not vote, but it is not absolutely out of order for a member to take part in a discussion where his personal interest is involved. Vale of Llangollen railway. Lords' amendment. Order for considering the Lords' amendment read. Mr. Whalley moved an amendment. In reply to Lord Robert Cecil, who raised the question of personal interest, and asked if it was competent for the hon. member to make a motion in such a case — Mr. Speaker said there certainly was a rule of the House by virtue of which the hon. member for Peterborough could not vote upon a subject in which he was personally interested ; and he had received an intimation from the hon. member that it was not his intention to vote upon the question. There was also a rule that members could not present petitions from themselves to that House, and it was certainly not at all in the ordinary course of proceeding that a matter of immediate personal interest should be conducted by the hon. member actually interested ; but; with the reservation of not voting, he could not say there was anything absolutely out of order in the course taken by the hon member for Peterborough. (D) Vol. 155, pp. 459-60.— July 25, 1859; .An hon. member is only debarred from voting on a question in which he is pecuniarily interested, though there may be questions when it is becoming for a member to withdraw before the division. M. Mazzini. The Greco conspiracy. Mr. Darby Griffith asked Mr. Speaker if it was in accordance with the usages of the House for an hon. member to vote on a question where he was personally interested Mr. Speaker said that no doubt the nile was that no member could vote on a question in which he was pecuniarily interested ; and also there were occasions when it was becoming for a member to leave the House before the division, although there was no positive charge against him. The vote of the previous evening, however, was whether or not certain matters did not require the serious consideration of the House, and it could not be said on any interpretation of the rules of the House that the hon. member for Halifax ought not to have voted on that question. (D) Vol. 174, pp. 339-40.— March 18, 1864. An hon. member may vote upon a BiU if his interest is not of a pecuniary nature, such as to disqualify him from voting. Birmingham Sewerage BOl. Mr. Mundella having referred to the rule of the House that hon. members should not vote upon questions in which they were personally interested, it being implied that Sir E. Peel and Sir C. Adderley, who had '• told " on a division against the Bill, had personal interett against it, Mr. Speaker said that the right hon. baronet, the member for Tamworth, and the right hon. gentleman, the member for North StaCfordshire, were both entitled to vote upon the Birmingham Sewerage Bill, as they had no such pecuniary interests adverse to the Bill as would disqualify them from voting against it. It appeared to him that their pecuniaiy interests were rather in favor of the Bill passing into law than other- wise. (B) Vol. 212, pp. 1134-7.— July 15, 1872. The rule providing that the vote of any member having a direct pecuniary interest in any matter before the House is liable to be dis- MEMBERS. 205 allowed does not preclude a member from giving notice of opposition to a Bill if he thinks proper. Parliament. Privilege. Clarke i'. Bradlaugh. (B) Vol. 263, pp. 1476-78.— July 21, 1881. Any hon. member having a direct pecuniary interest in the question before the House is not entitled to vote. But it is the usual practice of the House to hear the hon. member whose vote is challenged, and then a motion can be made " That the vote be disallowed." The question, is one for the House to determine. The vote is challenged and motion made after the division. London and North "Western Eailway (Additional Powers) Bill, where the vote of an hon. member was challenged on the ground that he was a director of the company ; hut the Tote was allowed by a division on the question " That the vote be disallowed," which was negatived. (B) Vol. 279, pp. 218-220.— May 8, 1883. Private interest : Select Committee : Private Bills. As a general principle no member having a direct pecuniary interest can serve on a Committee on a Private Bill, but it is impossible for Mr. Speaker to decide the application of this rule without knowing the nature of the interest enjoyed. London water supply. (B) Vol. 252, p. 1180.- June 3, 1880. Private and official. As regards the business of the House, there is no distinction between private and official members. Parliament. Business of the House. Saturday sitting. Question. (B) Vol. 242, p. 392. - July 26, 1878. Resisting orders and resolutions of the House. A member intimating by letter to Mr. Speaker that he disputes the legality of a resolution of the House, backed by the physical force at its command, Mr. Speaker acquaints the House therewith, and states that he has directed the Sergeant-at-Arms to enforce the order of the House. (July 9, 1883.) Parliamentarv oath (Mr. Bradlaugh). (B) ' Vol. 281, pp. 1239-41.— July 12, 1883. A letter to the Sergeant-at-Arms from a member, intimating an inten- tion to resist an order of the House, is regarded as a private communi- cation between the member and the Sergeant-at-Arms, of which the House has no knowledge, and which is not formally before it. No motion therefore can be founded thereon. Parliamentary oath (Mr. Bradlaugh). (B) Vol. 281, p. 1334.— July 12, 1883. 206 MEMBERS. Seat, Taking af, is privilege. The taking of his seat by an hon. member is matter of privilege, and ought not to be interrupted by an discussion whatever. The Baron de Eotlischild coming to the tahle on the occasion of taking his seat, Mr. Warren rose to order, when the Speaker immediately called th- hon. membt-r to order, and remarked as above. (D) Vol. 151, p. 2106.- July 26, 1868. Seats : Arrangement in the House. Complaint being made to Mr. Speaker of the insufficiency of the accommodation in the House, Mr. Speaker said he had no authority, without orders or instructions from the House, to deal \vith the question. Parliament. Members' seats in the House. (B) Vol. 252, pp. 331-2.- May 24, 1880. Securing places. In reply to a question as to the securing of places in the House, Mr. Speaker said — " The usual practice of the House has been that a member may retain a seat for the night by placing his hat upon the seat before prayers. That practice has prevailed for a considerable numbei' of years, and the idea has always been that when so acting the member is in immediate attendance upon the House, or on a Committee. "With resard to the retaining of seats with papers or gloves, that has never been allowed. No member can retain a seat for the night by placing his card or gloves upon it before prayers." (B) Vol. 252, p. 1200.— June 4, 1880. The rule is that a member who has been at prayers shall place his card over the seat he then occupied. The member is then fully entitled to occupy that place during the evening. Parliament. Securing seats in the House. (B) Vol. 259, p. 1936.— March 25, 1881. Speaking outside the bar. Members must speak within the bar An hon. member attempting to speak from one of the cross seats close to the bar — Mr. Speaker — " If the hon. member desires to address the House, he should present himself within the bar." Parliament. Public business. (B) Vol. 246, p. 1024.— May 22, 1879. Statements by. If an hon. member makes an explicit statement, and makes himself responsible therefor, it is bound to be accepted. Egypt. Law and justice. Trial of Suleiman Sami. (B) Vol. 280, pp. 116, lU.^Tune 8, 1883. Suspended : Prevented return to House : The doorkeeper. The House having ordered a certain number of members to be sus- pended by name, it is the clear duty of the Sergeant-at-Arms to take MEMBERS : MOTIONS. 207 care that those members do not return to the House. The doorkeeper, acting under the authority of the Sergeant-at-Arms, is strictly within his right in preventing the return of a member. Parliament. Privilege. (B) Tol. 271, p. 1267.— July 3, 1882. The suspension of a member from the service of the House includes his suspension from service on Committees. Parliament. Business of the House. The new rules. (B) Vol. -Hi, p. 1857.— Novemher 21, 1882. Seat, Vacancy of. It is a matter for the determination of the House, not of the Chair, whether a seat is, under certain circumstances, vacant or not ; and until the House othervyise order. Mr. Speaker would regard the sitting member as filling the seat. Parliamentary oath. Mr. Bradlaugh. (B) Vol. 259, pp. 892-900. -March 14, 1881. Writ, Motion for. A motion calling on Mr. Speaker to issue a new writ for an election of a member to serve in place of the sitting member is a question of privi- lege, and would have precedence of all other motions on that day. Parliament. Arrangement of public busine s. (B) Vol. 2.59, p. 827. -March 11, 1881. MOTIONS. Notice necessary. When there is no motion before the House an hon. member cannot move a resolution of which no notice has been given. Private Bills. Eesolution. An amendment and motion by leave withdrawn. Mr. Darby Griffiths moved that the resolution of the Committee of last Session be adopted. Mr. Speaker ruled that, there being no motion before the House, the hon. member could not with propriety proceed to move the resolution, having given no notice of his intention to do so. (D) Vol. 173, p. 680.— February 16, 1864. An hon. member desirous of moving for papers must give notice for a future day. John Mitchel. Motion for papers. An hon. member, at the end of a debate, after motion for papers put and agreed to, proposed to move for additional papers on the same subject. 208 MOTIONS. Mr. Speaker — " I must remind the hon. member that, in accordance with ordinary practice, he should give notice of his motion for a future day, when there will be an opportunity i.f considering the terms of the motion which the hon. member proposes to submit to the House." (B) Vol. 2-22, pp. 421-2.— February 17, 1875. Before a motion is offered to the House and submitted from the Chair the terms of the motion must be in possession of the House beforehand. The Queen v. Castro. An hon. member having placed on the paper a notice that he would call attention to certain matters and would move a resolution, Mr. Speaker reminded the hon. member that when an hon. member has given notice of his intention to bring before the House a motion, the House expects that before that motion is offered and submitted to the House from the Chair the terms of that motion shall, within a reasonable time, be in its possession." (B) Vol. 223, pp. 1216-19.— April 19, 1875. If an hon. member desires to move a resolution, his notice must contain the terms of his resolution ; otherwise he is precluded by the rules of the House from moving it. Army. The auxiliary forces. North Gloucestershire militia. Observations. (B) Vol. 247, p. 921.— June 27, 1879. What notice requisite. One day's notice of a motion required. Mr. Hennessy desired to know whether he might propose a motion of which he had given notice. Mr. Speaker said the notice was only given a few minutes before the rising of the House at four o'clock that afternoon, and that was, in point of fact, no notice at all. The rules of the House for the last forty years had been that one day's notice of a motion was required ; indeed Mr. Speaker Abbot had declared that he considered notice to be an established rule of the House in his day, which it would be his duty to maintain until he should be otherwise directed by the House. He considered it his duty to maintain a rule supported by uninterrupted usage from that time, and to inform the hon. member that it would not be in order for him to propose the motion of which insutficient notice had been given. (D) Vol. 164, p. 630.— July 9, 1861. The terms of a resolution should be placed on the paper at least a day before it is intended to be submitted to the House. Gibraltar armament. Motion for a return. Mr. Speaker — ' ' Before I propose the question, I wish to notice a practice which has lately prevailed of merely putting on the paper a notice to the effect that an hon. member will draw the attention of the House to a certain subject, and move a resolu- tion. On to-day's paper, for example, there are two notices in tlus form. Now this is not enough to fultil the obligations of notice. The object of notice is that members should know beforehand what is to be the subject of consideration on a particular day, and in order to fulfil the rules of the House it is necessary that the terms of a resolu- tion should be placed on the paper at least a day before it is intended to be submitted to the House." Vol. 205, p. 774.— March 28, 1871. Parliament. Order. Notices. (D Vol. 207, p. 143.— June 16, 1871. MOTIONS. 209 Seconder necessary . A motion, unless seconded, cannot be put. Kussia. State prosecutions. (B) Vol. 245, p. 1.089.— May 2, 1879. When given. Notices of motion cannot be given so as to interrupt the proceedings. Derryveagh evictions. (D) Vol. 163, p. 1514.— June 24, 1861. Combination to secure priority. It would be irregular for members, and an evasion of the rules of the House, to combine to give one and the same notice of motion. Parliament. Business of the House. Notices of motion. Mr. Speaker being asked whether it was in accordance with parliamentary usage that members should by agreement enter their names on the paper for one and the same motion, to secure undue priority for such motion — Mr Speaker — •' Accordiag to the rules of the House, a member cnn only give notice of one motion with a view to obtaining, under the ballot, priority for such motion. If several members combine to enter their names on the notice paper, and to give notice of one and the same motion, that rule is practically evaded Such a proceeding would be highly inconvenient, if not irregular ; and, if persisted in, the House might feel it necessary to check such a proceeding by requiring each member, when entering his name on the notice paper, to enter also the subject matter of the motion. I trust, how- ever, that if such a practice has existed, a? has been indicated by the question of the hon. member, it has been through inadvertence ; and that the House may rely on the good sense and the right feeling of hon. members for the faithful observance of its rule." Vol. 227, pp. 1718-19.— March 9, 1876. Also Parliament. Order. Balloting for motions. Observations. When a similar practice was brought before the notice of Mr. Speaker, who repeated his opinion that such a practice was an evasion of the rules of the House. (B) Vol. 230, pp. 11-14.— June 19, 1876. Also Parliament. Order. Priority for motions. Question. When an hon. member who had acted in this manner said that if the Speaker from the Chair thought there had been an evasion of the rules, he would give notice of the withdrawal of his motion. Mr. Speaker — " The hon. member has imposed on me rather a serious responsibility. He says if I am prepared to state that, in my judgment, such an evasion of the rules of the House has taken place as to justify the striking out of his motion from the paper, he will abide hy my decision. Now, if the hon. member was acting in combination with other members to get undue priority for his motion under the ballot, I do think that such an evasion has taken place of the rules of the House as would involve the striking out of the mption from the paper on that day on which it was put down ; but I must leave it to the hon. member himself to determine whether he has been acting in good faith to the House, or whether he has been acting in combination with other members to obtain undue priority for his motion." (B) Vol. 230, pp. 259-60.-June 22, 1876. If two or more members holding the same opinion upon the same specific motion combine together to ballot for precedence, with the view 210 MOTIONS. of ghiag undue precedence to that motion, such a practice is an evasion of the rules of the House. Parliament. Business of the House. Bills. Ballot for precedence. (D) Vol. 277, pp. :H75-fi.— March 13, 1883. Motions made ly other than the member who gave notice. Motions involving controverted questions cannot be made by a member other than the one who gave notice, if objection is made. Church Eates AhpKtion BiU. Leave. First reading. Sir Cha.rles Douglas loae to move for leave, in the absence of the member for Tavistock. Mr. Speaker — " Before putting the question I beg to remind the House in regard to one of its rules that though, in the case of an unopposed motion, it is by courtesy ;permitted that one hon. gentleman may give a notice of motion and then obtain the assistance of a friend to make the motion, the rule does not prevail in regard to important or controverted questions. Therefore if any hon. member had made an objection to this motion I should have held the objection to be good. The hon. member who gave the notice being absent, it was not in accordance with the strict rules of the House that the motion should be made by any other hon. member." {D) Vol. 165, pp. 166-7.— February 11, 1862. Time for making. A motion cannot be made at the time of questions. Convictions under Refreshment Houses Act. Question. An hon. member having put a question of which he had given notice, concluded by moving — " That this House do now adjourn." Mr. Speaker — "This is the time for questions. The motion of the hon. member should have been made at the time of the notices of motion." {D) Vol. 177, pp. 450-2.- Febraary 20, 1865. Responsibility of member regarding time for making. A motion, however important to be disposed of, is in the hands of the hon. member who gives notice of it, and the responsibility as to the time of moving it rests with him. Parliament. Rules and orders of the House. The Chairman of Committees. (B) Vol. 269, p. 125''.— March 17, 1881. Addition to, without notice. It is not competent, without notice, to add a distinct question to a motion, or to combine in one two distinct propositions. Navy. Naval education. H.M.S. Inflexible. Captain Pirn moving a motion — " That it is inexpedient to build any more vessels of the Agamemnon class," &c., sought to add — "and that a Select Committee be appointed to inquire into the whole question." Mr. Speaker said the motion for a Select Committee could not be put, as notice had not been given of it, and the other part of the motion affirmed a distinct proposition hat to take the motion in. that maimer, out of its turn, was most unusual; but that, as it related to the business of the House, it could, with the general assent of the House, be taken out of its turn at the morning sitting. Having stated that that could not be done without the general assent of the House, I then put the question ' Is it the pleasure of the House that the question be now putf There was no dissentient voice to that appeal, and the question was therefore put from the Chair ; but if there had been a single dissentient voice I should have submitttd to the House that such a question could not be put. In answer to the hon. member I have to say that it would be quite in'egular to take a motion out of its turn, except with the general assent of the House, and on a question relating solely to the conduct of the House." Mr. Roebuck— "Do I imderstand you to mean. Sir, by ' general assent ' universal assent ? " MOTIONS. 215 Mr. Speaker — " Yes ; the universal assent of the House. If there had heen a single 'No ' in answer to my appeal as to the pleasure of the House, it would have been my duty to decline to put the q^uestion." Vol.226, pp. 92.J.— July 27, 1875. (B) And pp. 126-7.— July 28, 1875. Division of motion. A motion which consists of two parts should be divided, so that the parts should be put separately. The Houses of Parliament. Members' seats. Resolution. Vol. 252, pp. 534-5.— May 27, 1880. Employers' Liability Bill. Amendment offered. That the BUI be referred lo a Select Committee, and that it be an instruction to the Committee that they have povrer to consider, &c. Mr. Speaker said the first question to be put to the House would be that the Bill be referred to a Select Committee, and the second part of the amendment as to the instructions to the Committee could afterwards be put if the amendment was carried. (B) Vol. 253, pp. 1763-4.— July 6, 1880. Introduciion out of due course. On daj's on which orders have precedence over motions a motion cannot be taken before the orders, unless with the consent of the House ; nor can a motion be considered as a matter of privilege, and precedence claimed for it on that ground, which goes to suspend a privilege and not to enforce one. Mr. T. Duncombe being desirous to move, before the orders had been disposed of — "That when a seat had been declared void by an Election Committee no motion for a new writ should be issued without seven days' previous notice," Mr. Speaker nJed that the hon. member was not entitled to claim, as a matter of privilege, to introduce the motion out of due coiurse. The issue of a writ is a matter of privilege, because it is one of the duties of the House to see that its numbers are com- plete ; but this motion goes to suspend a privilege, not to enforce one ; and precedeace cannot, therefore, be properly claimed for it. It ought rather to be made in due course and with due notice. It is, therefore, entirely at the pleasure of the House whether this motion shall he made at the present time. (U) Vol. 146, pp. 769-770.— July 2, 1857. Involving charges on the people. A motion involving a charge upon the people cannot be considered in Committee on the same day as the motion is moved. Valuation (Ireland). Committee movad for. Mr. Grogan moved — " That this House do resolve itself into a Committee to consider of an Address to Her Majesty (for relief to ratepayers of one-half expense of valuation) and to assure Her Majesty that this House will make good the same." Mr. Speaker said that it was not competent for the hon. gentleman to move that the House do go into Committee at once, and that he should put the motion, introducing the words " Thursday next." 'D) Vol. 150, pp. 9H-12.— May 18, 1858,- 216 MOTIOiNS. A motion being an application for public money must be made in Committee of the whole House, and cannot be put without a day's notice. fiegimental quartermasters. Address moved for. (D) Vol. 153, pp. 271-3.— March 17, 1859. No motion for public aid or charge can be presently entered upon, and a demand for public money cannot be discussed the same day as it is made. Case of Colonel Henry. Colonel North moved an address for a pension to Colonel Henry. Mr. T. G. Baring appealed to Mr. Speaker on a point of order as to the rule of the House in matters of expenditure. Mr. Speaker said - " The motion of the hon. and gallant member for Oxfordshire was not one which he could with propriety put from the Chair, because there was a Standing Order of not less than 200 years' standing which said no motion praying public aid or charge should be presently entered, and that they should not proceed to discuss any demand made for public money on the same day it was made." (D) Vol. 164, pp. 9!}4-8.— July 16, 1861. If a resolution is in general terms and of a general character, it does not come within the order which requires that questions involving charges be considered in Committee of the whole House. Land Law (Ireland) BUI. Committee. Order for Committee read. The resolution was — " No Bill can be a satisfactory solution of the question unless it includes pi ovisions enabling the Court, when all claims by landowners for compen- sation for losses proved to have been sustained under the provisions of the Bill, and on sufficient proof thereof, to award reasonable compensation." Objection being that the proposal involved a charge, Mr. Speaker ruled ut supra. (B) Vol. 261, pp. 1370-71.— May 26, 1881. Irregular : Anticipatory motions. It is out of order to move a resolution on a question which is already on the paper. Criminal Law Amendment Act, 1871. Question. Mr. Monckton asked if a motion of an hon. member which proposed to deal with a BiU in respect of which there was a Bill already before the House was in conformity with the rules of the House ? Mr. Speaker — " The hon. member for Nottingham has given a notice of motion for this evening in the following terms : — ' To call attention to the Criminal Law Amend- ment Act of 1871, and to move that, in the opinion of this House, it is desirable to repeal this Act.' There is now before this House a Bill to repeal the Criminal Law Amendment Act of 1871, which the House has ordered to be taken into consideration on the second reading to-morrow. There can be no doubt, therefore, that the hon. member for Nottingham will he out of order in moving his resolution this evening, seeing that the matter is already before the House." (B) Vol. 217, p. 38.— July 8, 1873. A motion cannot be proposed which anticipates discussion on a matter which is already appointed for consideration by the House. ParUament. Strangers. Observation. MOTIONS: PRELIMINARY OBJECTIONS. 217 When Mr. Speaker pointed out that a motion could not he proceeded with on that day (May 26), because it would anticipate the suhjeot of a debate which stood adjourned to a later day, viz., May 31. 'orthoote) before the dulj' elected member for Northampton came to the table. Mr. Speaker — " I hare to state that no such motion would he justified except on grounds public or notorious, or within the cognizance of the House, otherwise it would be simply vexatious.'' (B) Vol. 267, pp. 440-41.— March 9, 1882. Same in substance as one previously disposed of in same Session. No question or amendment may be proposed which is the same in substance as any question which during the same Sessioti has been resolved in the affirmative or negative. Grants to endowed schools. Question. Sir John Pakingt n, who had given notice to move a motion similar in substance and effect to one already decided during the Session, asked Mr. Speaker if it was competent to make the motion. Mr. Speaker — "According to the rules of the House, no question or amendment may be proposed which is the same in substance as any question which Juring the same Session has been resolved in the afBrmative or negative. The original minute of Council deducted the amount of the endowment from the grant in all cases. The amended minute cif the 11th March made no deduction from small rural schools, but withdrew the grant from the schools in town. The right hon. member for Stafford- shire obji-cted to this amended minute, and to this distinction between town and country schools, and on the 2nd June moved a resolution in these words — ' 'J'hat this House having considered the minute of Council of the Uth day of March, .1864, on endowed. schools, is of opinion that it does not meet the objections made to the minute of the 19th day of May, 1863. This motion was negatived. To-day the right hon. member for Uroitwich proposes a resolution that in the opinion of this House, the mode in which it is proposed by the minute of the 11th March to make grants to endowed schools, and the distinction made by the same minute between endowed schools in the country or in town, is unsatisfactory and unjust.' I have not been able to arrive at any other conclusion than that this resolution is the same in substance as it is very nearly the same in terms, as the resolution of the right hon. member for Ncrth Staffordshire, which was resolved in the negative, and that it could not be put in without a contravention of the rules of the House." (I>) Vol. 176, pp. 497-8.— June 30, 1864. MOTIONS: PRELIMINARY OBJECTIONS. 219 No question may be proposed which is the same in substance as has been resolved in the affirmative or negative in the same Session. Order. Irreftularity of motion. Rules and i.rders, No. 130 — Emigration. Mr. W. M. Torrens haTting a motion on the paper " That an humble address be presented to Her Majesty, praying that she may direct measures to be taken to provide passages to the colonies for intending emigrants, who shall be approved by competent authority, at cheap and uniform rates of charge," asked Mr. Speaker if he was of opinion that the motion was identical with one already disposed of in the early part of the Session. Mr. Speaker — ' ' I shall be glad to explain to the House the grounds on which 1 informed the hon. member of the objections which exist to his motion. There is a rule of the House that no question may be proposed which is the same in substance as has been resolved in the affirmative or negative in the same Session. On the 1 st of March, of this year, this resolution was pr^iposeil — ' That in order to arrest the increase of pauperism and to relieve the distressed condition of the working classes, it is expedient that measures be adopted for facilitating the emigration of poor families to British colonies'" And after quoting the motion now oifered, Mr. Speaker added — " No»' that is facilitating the emigrating of poor families to the British colonies The vote of the House has decided against it; and certainly, in obedience to the rules of the House, I must say most distinctly that, in my opinion, it would conflict with the rule which I have quoted." (D) Yol. 201, pp. 824-5.— May 17, 1870. Where a matter is already decided, or a proposal has been negatived, it is out of order to attempt to reverse that decision. Parliament. Business of the House. (Tuesday sitting.) Resolution. Motion made, and question proposed — '' That the House do meet on Tuesdays at two p.m., and rise at seven' p.m." (Lord John Manners.) Mr. Osborne sought to move, as an amendment, that the mode of conducting the business of this House be referred to a Select Committee. Mr. Speaker — "The House Ia>t night refused lo entertain the proposal that the mode of conducting the business of this House should be referred to a Select Committee, and it is therefore out of order to propose now, by another amendment, that suc'a a course should be taken." (B) Vol. 214, pp. 283-87.— February 11, 1873. By the rules of the House, no motion which has been submitted and debated, and the issue thereof determined, can a second time be sub- mitted to the House in the same Session of Parliament. Parliament. Rule as to decided questions. Question. Mr. Rylands having, on April 24, moved an amnndment to the question for going into Committee of Ways and Means — ' ' That this House views with regret the great increase in the national expenditure." which was negatived on division on April 28. On Wednesday, April 30, Sir Wilfrid l.iawson gave notice, on the motion for going into Committee of Ways and Means, to move — " That this House disapproves of the foreign and colonial policy which renders necessary the increased and increasing national expenditure." On May 1 Mr. Speaker is asked whether this motion is not an evasion of the rules of the House as to decided questions, in view of the decision of the House which was arrived at on April 28. Mr. Speaker — " On examining the terms of the amendment of the hon. baronet, the member for Carlisle iSir "Wilfrid Lawson), I find that the essence of that motion is disapproval of the foreign and colonial policy of Her Majesty's Government. It is no doubt true that during the debate upon the amendment of the hon. member for Burnley (Mr. Rylands) the discussion embraced very fully the foreign and colonial policy of the Government. At the same time, the terms of the amendment of the hon. member for 220 MOTIONS: TERMS: VOTE OF THANKS. Burnley did not specifically refer to that policy, and therefore, technically speaking, I think it is open to the bon. baronet, the member for Carlisle, to challenge, as he pro- poses to do, the foreign and colonial policy of the Government, the judgment of the House not having been specifically taken out on that question." (B) Vol. 245, pp. 1501-2.— May 1, 1879. A motion in direct opposition to a vote of the House already passed cannot be put ; but a motion to rescind a resolution passed is in order. Parliamentary oath. (B) Vol. 253, p. 643.— June 23, 1880. It is not in order to move for a return substantially the same as one which has ah-eady ajjpeared on the paper and been negatived. Government department (Ireland). (B) Vol. 284, p. 762.^Febiuary 12, 1884. TERMS. A motion made in mistake as to. An hon. member having made a motion, and the question having been proposed, that question must be put, although the hon. member has unintentionally put it in different terms to those he intended. < )rders of the Day . Parliamentary Oaths Bill. Where an hon. member having moved " That the House do now adjourn," and having intended to move " That the debate be now adjourned," the former motion was put. (B) Vol. 260, pp. 1563-6.— May 2, 1881. VOTE OF THANKS. Precedence of motion. A motion for a vote of thanks has precedence of any business. Lord Palmerston having risen to propose the vote of thanks which stood in his name upon the paper, Mr. Disraeli appealed to Mr. Speaker whether upon an Order Night it was not usual for Orders of the Day to take precedence of motions. Mr. Speaker — " It is the practice of the House that upon the occasion of proposing a vote of thanks, that motion has precedence of any business — whether notices of motion or Orders of the Day — which may stand first upon the list, (b) Vol. 148, p. 865.-Fehruary 8, 1858. "WITHDRAWAL. Rule as to. A motion cannot be withdraven except by leave of the House. Parliament. Select Committees. Nomination. (B) Vol. 245, p. 85«.— April 22, 1879. A motion in possession of the House cannot be amended or withdrawn without the consent of the House. Public documents (Afghanistan. &c.). The Afghan war. Mr. Duulop moved for a Select Committee on the Afghan despatches. After the question had been debated at great length, Mr. Dunlop proposed to modify his motion by leaving out certain words. MOTIONS : WITHDRAWAL. 221 iiord John Eussell objected. Mr. Speaker said the motion of the hon. and learned member was at present in the possession of the House, and it oould not be withdrawn, either wholly or in part, without the consent of the House. Vol. 162, pp. 37-93.— March 19, 1861. Jury lists in Tyrone. Vol. 167, p. 861. -June 20, 1862. Administration of justice in Ireland. Motion for paper. Sir John Gray put a question and moved for papers. After a lengthy debate. Sir John Gray said he wished to withdraw his motion. ("No. No!") Mr. Speaker — " The rule of the House is that no resolution can be withdrawn with- out the consent of the House, and as some hon. gentlemen object to this resolution being withdrawn I must put it to the House." (D) Vol. 186, p. S87.— March 29, 1867. A motion for adjournment cannot be withdrawn in the absence of the mover. European Forces (India) Bill. Second reading, and amendment proposed. Sir DeLacey Evans moved the adjournment of the debate. Question debated. Mr. Horsman hoped his hon. friend would not press the motion for adjournment. Mr. Speaker — " Unless the hon. member for Westminster is present the motion for adjournment cannot be withdrawn." (D) Vol. 159, p. 1309.— July 2, 1860. A motion, to which an amendment has been moved and put, cannot be withdrawn unless the amendment is withdrawn first. Eoyal Atlantic Mail Company's petition. (D) Vol. 164, p. 991.— July 16, 1861. Loans to Foreign States Committee. Breach of privilege. The hon. member who had moved a motion, to which an amendment was subse- quently moved, after debate, asked leave to withdraw the motion. Mr. Speaker — ' ' A motion and an amendment being before the House, I must remind the hon. and learned gentleman that the motion cannot be withdrawn unless the amend- ment be withdrawn also." (B) Vol. 223, pp. 1148-49.— April 16, 1875. Electoral County Boards (Ireland) BUI. Second reading. Vol. 227, p. 787.— "Wednesday, February 23, 1876. Increase of the Episcopate BiU. Adjourned debate on the question, " That this BUI be now read a second time." Previous question again proposed — ' ' That the question be now put.' ' Debate resumed. Mr. Beresf ord Hope concluded by saying, "At the proper time I will move that the order for the second reading of the Bill be discharged." Mr. Speaker reminded the hon. gentleman that the " Previous question" had been moved as an amendment to his motion " That the Bill be now read a second lime." He could not, therefore, withdraw the Bill until the amendment was withdrawn. Vol. 230, p. 1026.— July 5, 1876. Conservation of Churchyards Bill. Vol. 243, p. 1822.— February 26, 1879. Tower High Level (MetropoHs) Bill. Vol. 247, p. 1884.— July 8, 1879. Africa (River Congo) . Resolution. (B) Vol. 277, p. 1328.— April 3, 1883. 222 ORDER. Withdrawal : Substitution of other motion. A motion, although it has been made and question proposed, may be withdrawn by the hon. member making it, who may move another sub- stantive motion in place of it. Royal Proclamation (Piety and Virtue). Address moved. Motion made, and ques- tion proposed. Subsequently the mover (Mr. Locke King) wished to express his willingness to omit the lattf r portion. Mr. Speaker said it was optional with the hon. member to withdraw the original motion, and have another substantive resolution, comprehending so much of the other as was included down to the word " revised." Motion by leave withdrawn. Motion made, and question put as amended. (D) Vol. 157, pp. 2067, 2070.— April 20, 1860. A motion can be withdrawn and brought on again in an amended form on a subsequent day, or can be amended by another hon. member; but a further alteration, tantamount to an amendment of the resolution, cannot be put unless the amendment and motion be withdrawn. Potato Crop Committee. Reeolution. Vol. 263, p. 1365.— July 19, 1881. The Speaker. Privilege. The conduct of the Speaker. (B) Vol. 264, pp. 718-19.— August 3, 1881. ORDER. Question of. Time for raising. A point of order must be raised at the time when such question arises, not at a future period. Parliament. Counting the House. Question. Mr. Bo wring, on Friday, appealed to Mr. Speaker on a point of order arising out of Tuesday's debate. Mr. Speaker reminded the hon. member that ihe proper time for raising a point of order and appealing to the Chair is the time when the question arises, and not at some future period. Vol. 210, pp. 533-5.— March 22, 1872. Also Debate. Order. (B) Vol. 254, p. 491.— July 15, 1880. In Committee. Questions of order in Committee are settled by the Chairman. Parliament. Business of the House (Urgency). New rules. Vol. 258, p. 1091.— February 17, 1881. And p. 1391.— February 21, 1881. PERSONAL EXPLANATION. 223 Attempt to renew discussion on a point of order. When the Speaker has given his ruling it is not in order for an hon. member to speak again in reference to it. He can only speak if he raises a new point of order. Criminal Code (Indictable Olfences Procedure) Bill. (B) Vol. 278, p. 346.— April 16, 1883. PERSONAL EXPLANATION. Personal eo'planatiou generally allowed. A member is not entitled to address the House a second time, but is allowed to correct a misunderstanding or make an explanation. Mr. Stirling having asked a question of the First Lord of the Treasury, and stated his reasons at some length, and the First Lord having replied, Mr. Stirling rose to explain. Cries of "Order" being raised — Mr. Speaker reminded the hon. member that he was not entitled to address ihe House a second time ; but, ' ' If the hon. member has been misunderstood, or has anv explanation to make as regards what he stated, no doubt the House will grant him its attention." And Mr. Stirling explained accordingly. Vol. 148, pp. 1269-75.— February 12, 18-58. Abyssinia. The Foreign Office. Vol. 190, p. 607. — December 5, 1S67. Canongate Annuity Tax Bill. (D) Vol. 191, pp. 1105-6.— April 22, 1868. Interruption for. An hon. member cannot interrupt another hon. member who is in possession of the House for purposes of explanation. Affairs of China. Mr. Layard was speaking. Col. Sykes—" That's all very well ; but it was Mr. Bruce I quoted." Mr. Speaker—" The hon. and gallant member does not appear to be aware of one of the most ordinary rules of debate. He has no right to interrupt a speaker who is in possession of the House. "When the hon. gentleman has concluded, the hon. and gallant member will be at liberty to mak#an explanation." Vol. 168, p. 61.— July 8, 1862. The Irish Bench. Question. (D) Vol. 183, p. 800.— May 11, 1866. It is not in order to interrupt an hon. member who is speaking for purposes of explanation ; such explanation can be made when the hon. member now speaking concludes. Naval retirement. Eesolution. Vol. 200, p. 165. — March 17, 1870. Case of George Mackey. Vol. 208, p. 1190.— August 8, 1871. Spain. The tornado. Question. (D) P. 433— July 28, 1871. 324 PERSONAL EXPLANATION. Interruption is only permitted for purpose of explanation. Navy promotion and retirement. Motion for Select Committee. Mr. Gosohen, -who had interposed one or two corrections while Sir John Hay was in possession of the Chair, was about to make another observation, by was met by cries of "Order." Mr. Speaker — " The hon. baronet is in possession of the House, and unless the right hon. gentleman desires to make an explanation, he is not in order." (B) Vol. 216, p. 767.-June 10, 1873. An hon. member can explain vrlien the hon. member in possession of the Chair has concluded. Parks Regulation Act. Vol. 214, p. 216.— February 10, 1873. Monastic and conventual institutions. (B) Vol. 219, p. 1509.— June 12, 1874. An hon. gentleman cannot interrupt an hon. member in possession of the House ; but can explain, with the consent of the House, as soon as he has concluded. The Royal Gardens, Kew. Vol. 213, p. 728.— August 8, 1872. Mr. Bates. Motion for Select Committee. Vol. 226, p. 3.56.— JulySl, 1876 Irish political prisoners. Resolution. (B) Vol. 231, p. 301.— August 1, 1876. Member giving way. It is at the option of the member in possession of the House to give way or not to an immediate explanation. Customs and Inland Revenue Bill. Committee. Order for Committee read. Mr. Newdegate read an instruction to the Committee. The Chancellor of the Exchequer followed. In the course of the speech, Mr. Newdegate rose for the purpose of explaining, but the Chancellor of the Exchequer proceeded. Mr. Newdegate, nevertheless, attempting to gain a hearing, and cries of " Order" arising, Mr. Speaker said that it was the rule of the debate that the member addressing the House was in possession of the House, and need not give way unless it was his pleasure to do so. Any hon. member desiring to make an explanation would be allowed the opportunity of doing so after the member who was speaking last resumed his seat. •, Vol. 163, p. 83.— May 27, 1861. Established Church (Ireland) Bill. (D) Vol. 192, p. 749. -May 22, 1868. Latitude. Great indulgence is allowed where the conduct of members is involved Admiralty organisation. Case of Mr. Reed. Personal explanation. Mr. Hunt having made a personal explanation, and Mr. Corry making statements in addition thereto — Mr. Gilpin rose to order. He wished to ask whether, when there was no business before the House, the right hon. gentleman was in order in making a statement which might cause other hon. members to make a counter statement ? PERSONAL EXPLANATION. 225 Mr. Speaker — " I understaud this to be a personal explanation, affecting the conduct, not only of members of this House, but of others who have been in the Public Service. Gi-eat indulgence ought, under such circumstances, to be shown by the House." Vol. 210, pp. 403-406.— March 21, 1872. Parliamentary and Municipal Elections BiU. Lords' amendments. (B) Vol. 212, p. 480.— July 1, 1872. An hon. member is in order in entering into explanation of words attributed to him in a question by another hon. member. Privilege. Dr. Kenealy. Eeflectiona on a member of this House. Dr. Kenealy read an extract from a newspaper report of a speech, made by an hon. member elsewhere, and asked whether that report was substantially correct ? The hon. member, in replying at some length, was objected to by Dr. Kenealy, ou the ground that the only matter before the House was one of question and answer. Mr. Speaker — " As the House is aware, the House is specially indulgent in a matter of personal explanation. The hon. member for Poole is now entering into a personal explanation of the words attributed to him in the question of the hon. and learned member for Stoke, and is perfectly in order." (B) Vol. 222, pp. 1185-7.— March 4, 1875. Great latitude is allowed in personal explanation, but if reference is made to another hon. member it should be in his presence. Conventual and Monastic Institutions Sill. Personal explanation. Mr. Whalley rose to make a personal explanation, and regretted the absence of the hon. member to whom it applied, and was proceeding — When an hon. member rose to order — Mr. Speaker i-uled that the hon. member was out of order in referring to what had occurred in a debate during the present Session ; but it was usual in cases like the present, where personal explanations became necessary, to giunt considerable latitude. He must, however, remind the hon. member that, whatever might be the explanation required, the hon. and learned gentleman to whom reference was made ought to be in his place. (B) Vol. 216, p. 1783.— July 4, 1873. Latitude to Minister. A Minister is usually allowed to explain although he has already sjjoken. Income Tax Bill. Considered as amended. Debate. The Chancellor of the Exchequer, having spoken, again rose at » later stage, and said that he wished to state that he only pressed this Bill as a matter of public conve- nience. Lord John Manners rose to order. The right hon. gentleman had already spoken. Mr. Speaker said it was not unusual to allow a Minister to explain under similar circumstances. (D) Vol. 157, pp. 1579-83.— March 29, 1860. AU due latitude is allowed in a matter of personal explanation. The Admiralty and Captain Coles. Explanation. Lord Clarence Paget, in reply to observations by Mr. Monsell, was about to read an official letter, when Mr. Lygon rose to order, objecting to a Minister reading incomplete correspondence. Mr. Speaker — " The noble lord has risen to speak upon a matter of personal expla- nation, and he desires to give the best information he can to the House." D) Vol. 168, pp. 506-7.-July 18, 1862. 226 PERSONAL EXPLANATION. Limitalion. Explanation must be confined to statement sought to be explained. Mr. Newdegate and Mr. Ciibden. Personal explanation. Mr. Bright, on the part of Mr. Cobden, who was absent, called upon Mr. Newdegate to explain and withdraw a statement he had made. Mr. Newdegate in reply diverged into other matter, when Mr. Speaker — " The hon. gentleman must confine himself to an explanation of the statement be made." Subsequently Mr. Newdegate referred to a speech of Mr. Bright's, when Mr. Speaker said what had been said by the hon. member for Birmingham was not relevant to the explanation now proposed to be made by the hon. gentleman. (D) Vol. 157, pp. 718-23.— March 16, 1860. A member can only explain what has fallen from him if he has been misunderstood. Annexation of Savoy and Nice to France. Mr. Horsman was attempting to reply to the Chancellor of the Exchequer. Mr. Speaker — " The hon. member may make an explanation of anything which has fallen from him if his words have been misunderstood ; but he cannot, in accordance with the rules of the House, reply to the speech of the Chancellor of the Exchequer." Vol. 167, pp. 1186-7.— March 23, 1860. Address of condolence from Maynooth College. Question. Mr. Whalley rose to explain, and to deny the correctness of the statement of an hon. member. Mr. Speaker — " The explanation must be confined to anything which the hon. member has said himself. He must not reply to the hon. gentleman." D) Vol. 165, pp. 1031-2.— March 4, 1862. In making a personal explanation it is not convenient to enter into subjects which may lead to discussion. The Duke of Modena. Personal explanation. (D) Vol. 164, pp. 1093-6.— July 18, 1861. When a matter is brought before the House as one of personal explanation, and the hon. members concerned have made their explana- tions, it is irregular for other members to interfere in the discussion and prolong it. Holyhead Harbor Committee. Personal explanations. Mr. Tollemache, having referred to certain observations on the constitution of the Committee reported to have been made by the Chancellor of the Exchequer, asked whether he was correctly informed, and whether the Chancellor of the Exchequer was satisfied with the explanation offered, or whether he would move that the hon. member be discharged from attendance on the Committee. The Chancellor of the Exchequer having replied, disclaiming any personal reference Mr. Herbert was about to continue the discussion, when ' Mr. Speaker—" The matter brought before the House was one of personal explana- tion, and the two hon. gentlemen having spoken, and the right hon. gentleman who was personally referred to having given some explanation in reply to their remarks, it is not competent for the hon. member to continue the discussion." ^ o :, ,. ^°^- ^^^' PP- 325-327.— June 4, 1863. St. Mary's Burial Ground, Sydenham. (D) Vol. 174, p. 661.-April 8, 1864. PERSONAL EXPLANATION. 227 An hon. member can only explain an observation of his own which has been misunderstood. He cannot reply to the remarks of anyone else. Govamment Annuities Bill. The Chsincellor of the Exchequer rising a second time to speak, was met with cries of " Order." Mr. Roehuek rose to order. Mr. Speaker—" The right hon. gentleman is at liberty to make any observation, but it must be confined to exnlanation, and not be a reply." Vol. 174, p. 210.— March 17, 1864. The Charity Commissioners. Vol. 175, p. 1876.— June 16, 1864. Dockyard superintendents. Resolution. (D) Vol. 180, p. 397.— June 16, 1865. An explanation must be confined within the limits of the explanation. Mr. Bright and the Reform League. Adjournment. Personal explanation. (D) Vol. 184, pp. 1666-8.— July 30, 1866. An hon. member having moved the adjournment of the House, and desiring to withdraw, must limit his explanation to his reasons for so doing. Regina ». Overend & Co. Mr. Fawcett having concluded by moving the adjournment of the House, and an expression being made that he should withdraw the motion, Mr. Fawcett said as he had taken a somewhat exceptional course, perhaps the House would allow him to explain. Mr. Speaker said the hon. member could only be heard if he wished to explain his grounds for desiring to withdraw his motion. Vol. 197, pp. 980-95.— July 1, 1869. Order in debate. Personal explanation. (D) Vol. 205, pp. 167-8.— March 17, 1871. In making an explanation nothing can be said which might give rise to a debate. (B) Vol. 216, p. 1853.— July 7, 1873. In making a personal explanation the whole question must not be debated. Public Health Acts. Sanitary condition of Folkestone. Question. PCTsonal explanation. Lord Robert Montagu, considering that a statement made in the House impugned bis accuracy, claimed the indulgence of the House to set himself right; but upon debating the whole question — Mr. Speaker said that the noble lord was entitled to give a personal explanation in order to show the accuracy of the statement he had made, but he was now passing the bounds of explanation by debating the question. (B) Vol. 223, pp. 366-7.— April 6, 1875. An hon. member can only make a personal explanation respecting himself; he cannot discuss another member's remarks or argue thereon. Army. Attendance of militiamen at mass. Question. (B) Vol. 224, p. 1924.— June 15, 1875. 228 PERSONAL EXPLANATION. Personal explanations do not admit of observations beyond the par- ticular question. Mr. Bates. Motion for a Select Committee. Vol. 226, p. 358.— July 31, 1875. Supply report. Criminal law. Sentence on Colonel Baker. Obsei-vations. (B) Vol. 226, pp. 567-8.— August .'5, 1876. An hon. member cannot enter on other matters when making a per- sonal explanation. Parliament. Order. Private Bills. Solicitation of votes. Vol. 230, pp. 860-4.— July 3, 1876. Also Turkey. Alleged atrocities in Bulgaria. (B) Vol. 230, p. 1183.— July 10, 1876. An hon. member must confine himseK to matters strictly necessary for personal explanation. Parliament. Privilege. Sir H. Drummond Wolff and Mr. Gladstone. Personal explanation. (B) Vol. 233, p. 558.— March 27, 1877. The New Forest Bill. Nomination of the Select Committee. Persunal explanation. Lord Edward Fitzmaurice, in asking to make a personal explanation of charges made against him with reference to his conduct in relation to that Bill, was fvide supraj proceeding to discuss the Bill, when Mr. Speaker interposed, and said the noble lord was going heyond the hounds of personal explanation, and entering upon the details of a Bill which was before the House. Vol. 234, p. 1492.— June 8, 1877. Contagious Diseases Animals Bill. Personal explanation. (B) Vol. 241, pp. 331-2.— June 27, 1878. In making a personal explanation it is not in order to make any reflec- tions on an hon. member. Ireland. The Duke of Abercorn's Donegal Estates. (B) Vol. 252, p. 225— May 21, 1880. ^Motion or general debate, not allowed when no question before the House. A personal explanation is allowed by the courtesy of the House, but it is not usual to conclude with a motion or allow a general debate. Education. Reports of the Inspectors of Schools. Resignation of Mr. Lowe. Mr. Lowe having made a pergonal explanation, and other members having followed, Mr Walter was about to address the House, when Mr. Speaker — " I wish to point out to the House that there is no question before it. An ojiportunity of making a personal explanation is granted by the courtesy of the House, but it is not usual that such a matter should be concluded by a motion and made the subject of a general debate. I think the House will now agree with me that all those who can be said to be personally concerned in this discussion have been heaid by the House." (Cries for Forster). Mr. Walter and Mr. Forster followed, and the matter dropped. (D) Vol. 174, pp. 1203-1218.— April 18, 1864. PERSONAL EXPLANATION. 239 Reference to past debate, and limitation of. A speech made in a past debate may be referred to in same Session with a view to a personal explanation, and hon. membsrs may comment upon such personal explanation, but may not refer to the past debate which has given rise to the personal explanation. The late Attorney- General and the law lords. On Friday, February 20, 1858, Sir Richard Bethell referred to a previous debate, and to remarks made in another place on what he had said in that debate, with a view to a peraoijai explanation. An hon. member rising to order — Mr. Speaker said — " In answer to the appeal made to me, I must give my opinion that up to this period the address of the hon. and learned member has not transgressed the rules or Standing Orders of the House. He is now taking an opportunity of making a personal explanation, and the House always permits hon. members to make such explanations." An hon. member following with some obseivationa on what had fallen from the hon. and learned member, and an hon. member rising to order — Mr. Speaker said that he had expressed his opinion that while the hon. and learned gentleman was referring to the statement made by the hon. and learned gentleman opposite he was perfectly in order ; but he was now going beyond that point, and was referring to a speech made in a past debate. (D) Vol. 149, pp. 10-14.— February 26, 1858. Explanation must be confined to points on which an hon. member has been misapprehended. A former debate must not be re-opened. The Huntingdonshire Magistracy., Explanation. Vol. 163, p. 336.— March 18, 1859. Also Representation of the People Bill. Explanations. (D) Vol. 153, pp. 1153-55.— March 31, 1859. An hon. member is entitled to offer any explanation of a personal nature, but may not advert to a past debate on any other matter. China. Destruction of the Emperor's summer palace. Explanation. Vol. 161, p. 487.— February 15, 1861. Conveyance of voters. (D) Ibid., p. 355.— February 12, 1861. Extracts ft-om a debate must not be read, nor is a general statement allowed. Viscount Sydney and Mr. Budden. Personal explanation. Lord Robert Montagu was reading from a report of a debate, and was extending the scope of the discussion. Mr. Speaker— " The noble lord is not in order in reading t-xtraots from a report of a debate in this Hou^e. I am very sorry to interfere in a matter which appears to be of the natur- of a personal explanation ; but the explanation of a single point which the noble lord may think due to himself does not attord him the opportunity of entering into a general statement." (D) Vol. 169, p. 636.— February 23, 1863. A member may not repeat the words spoken in debate on a previous evening. Though it be a personal explanation, it is exceedingly incon- venient to refer at great length to a previous debate. The Navy Estimates. Explanation. 330 PERSONAL EXPLANATION. Lord Clarence Paget, on a matter of explanation, was adverting to what occurred on a previous evening, and was about to quote actual words, when Mr. Speaker — " The nohle lord is nut entitled to repeat the words spoken in dehate on Thursday night "; and subsequently added, "These are matters of personal expla- nation ; and it is exceedingly inconvenient to refer at such length to a previous debate." (D) Vol. 173, pp. 1911-12.— March 14, 1864. An hon gentleman may make a personal explanation without making a motion, but the former debate must not be revived. The Ionian Islands debate. Personal explanations. The rule of Parliament was declared by Mr. Speaker, as follows : — "A debate has taken place and has passed by, but if an hon. gentleman desires to makn a personal explanation he may do so without making any motion — and the object of that rule is to withdraw from the general debate matter of a merely personal nature. I therefore took the liberty of pointing out to the hon. member that the rules of the House per- mitted him to make a personal explanation without moving the adjournment, and that he would be more in order in making his explanation without moving the adjournment, because a motion involves a following debate. The general rule of the House is that when a general debate has taken place it ought to pass by, giving an opportunity indeed for personal explanations, but not allowing the former debate to be revived." (D) Vol. 178, pp. 372-377.— March 28, 1865. Reference to " another place." Eeference to statements made in " another place " are only permitted for purposes of personal explanation. Peace Preservation (Ireland) Bill. Vol. 224, pp. 403-6.— May 10, 1875. Agricultural Holdings Bill. (B) Vol. 225, p. 512.— June 24, 1875. Explanation accepted. If an hon. member accepts the explanation of another hon. member, he cannot repeat the assertion of that which has been so explained. Endowed Schools Act Amendment BiU. Committee. Order for Committee read. Mr. "Ward having attributed certain expressions to Lord Edmond Fitzmaurice, and the noble lord stating that he had not used the words in question — Mr. AVard accepted the explanation ; but had no hesitation in saying that to his mind the words were used by him. Mr. Speaker reminded the hon. gentleman that he had accepted the noble lord's explanation, and could not therefore repeat the assertion. (B) " Vol. 221, p. 416.— July 21, 1874. Irregular discussion. No general discussion can take place on a matter which is the subject of personal explanation. If the question is such that the House thinks proper to take notice of it, it should be done in the form of a substantive motion. Parliamentary and Municipal Registration Bill Nomination of Select Committee The O'Douoghue and Mr. Biggar. (^) Vol. 236, pp. 168-72.-July 30, 1877. PETITIONS. 231. Irregular explanation. It is not convenient to th.e House that an hon. member called to order should, on a subsequent discussion, seek to explain. Parliament. Public business. The resolution. Personal explanation. Mr. Whalley, who at a previous sitting had been twice called to order, asked to make a short explanation, but on exceeding the usual limits, amid cries of " Order, order I" — Mr. Speaker pointed out to the hon. member and the House generally that it would couse great inconvenience to the House if every hon. member who had been called to order was, on a future occasion, allowed to explain. And on the hon. member seeking to continue, Mr. Speaker called upon another hon. member to proceed. (B) Vol. 238, pp. 167-8.— July 30, 1877. PETITIONS. Standing Orders relating to. Presentation of petitions. Standing Orders. Ireland : Waterford election petition. Question. Col. French asked Mr. Speaker if it is competent for the House to decline to receive any petition which is respectfully worded and does not make any demand on the Consolidated Fund ? Mr. Speaker — ' ' The Standing Orders relating to petitions presume in everjr case that the member presents a petition rising in his place and presenting the petition to the House, and the question is then put — ' That the petition do He on the table.' The Standing Orders therefore confine themselves to such regulations as will confine members within certain limits. Hon. members may state the material allegations of a petition and read its prayer, but it is the understood form that every member in presenting a petition does it publicly in his place ; and he cannot do that without stating that it is for or against some Bill or other subject matter. Where allegations are directed towards individuals, the ordioary course would be for the hon. member to state material allegations, to have the petition read by the Clerk at the table, and then it would be a question for the House whether the petition should lie on the table or not. These are the Standing Orders relating to petitions." (B) Vol. 202, p. 1307.— July 1, 1880. Bills, Referring to. A petition relative to a Bill can only be presented after the Order of the Day for the second reading is read, not after the second reading has been moved. Transubstantiation and Declaration Abolition Bill. Order for second reading read Motion made, question proposed — " That the BiU be now read a second time. ' Mr. Newdegate desired to present a petition. ^^ Mr. Speaker— "The hon. member cannot present a petition at this stage of the BUI. Mr. Newdegate — " Not at the second reading ? ' ' Mr. Speaker — " Not after the second reading has been moved." And the Offices and Oaths BiU order for second reading read. 232 PETITIONS. Mr. Newdegate — "May I be allowed to present petitions now f " Mr. Speaker— "Yes." Mr. Newdegate then presented several petitions against the Bill. (D) Vol. 185, pp. 1091-93.— February 27, 1867. Sale of Intoxicating Liquors Bill. (B) Vol. 224, p. 123.— May 5, 1875. Breach of privilege : Motion in presenting. On presenting a petition having reference to a breach of privilege by a member, the proper course is, on presenting, to move that it be printed, and give notice for a future day of motion lor a Select Committee. Mr. Eoebuck gave notice that on Monday he should present a petition charging a member with a breach of privilege, and would move for the appointment of a Com- mittee to inquire into the allegations of that petition. Mr. Speaker suggested to the hon. member that, having given notice that he will present the petition on Monday, he should then move it be printed, and give notice of a day on which he would move for a Select Committee. (B) Vol. 198, pp. 1730-1732.— Februai7 19, 1880. Memorials and remonstrances. A document, although termed a memorial, if it is substantially a jetition properly worded and concludes with a prayer, may be received d.s a petition if the House should think proper. Parliament. Public petitions. The Indian press laws. Point of order. Observa- t ions. (B) Vol. 240, pp. 1681-2.— June IS, 1878. A petition, if it concludes with a prayer, may be received, though of the nature of a remonstrance. Mr. T. S. Buncombe presented a petition, or rather a remonstrance, against the course adopted by the House of Commons in appointing a Committee to search for precedents re Taxation Bills, instead of taking a more direct step, and moved it be read by the Clerk. The Clerk — " To the Honorable the Commons of the United Kingdom, in Parliament assembled; the respectful remonstrance of the undersigned." Cries of "Order," and a question put to the Speaker whether a prayer can be received which comes in the shape of a remonstrance. Mr. Speaker—" There are precedents for the case now before the House, that when a petition, under the name of a remonstrance, concludes with a prayer, properly and respectfully worded, the House does receive it." Head and ordered to lie on table. (D) Vol. 159, p. 761.— June 21, 1860; as also pp. 1524-5.— July 6, 1860. Public petitions from a foreign town. The House, as an act of grace, might receive a petition from the inhabitants of a foreign town if the subject matter of the petition is within the jurisdiction of the House. Parliament. Public petition from a foreign town. Sir Eardley Wilmot presented a petition from inhabitants of Boulogne-sur-Mer, praying that this country may be continued to be represented there by a Consul and not a Vice-Consul, and moved that it be read by the Clerk at the table. PETITIOXS. 233 Mr. Speaker — '• Is the petition signed by British subjects?" Sir Eaidley Wilmot said it was signed both by British subjects residing at Boulogne, and by Frenchmen, who concurred in the prayer of the petition. Mr. Speaker — "Will the hon member be so good as to read the heading of the petition." Sir Eardley Wilmot—" It is a petition from inhabitants of Boulogne-sur-Mer." Mr. Speaker — " I am not aware of any instance in which a petition from inhabitants of a foreign town has been presented or received by this House ; and before such a step is taken I hope the House will allow me to consider what course should be followed with respect to such a petition." Vol. 228, p. 1322.— April 6, 1876. On the following day Mr. Speaker said—" It wiH be in the recollection of the House that yesterday the hon baronet, the member for South Warwickshire, offered a petition to this House from inhabitants of the town of Boulogne-sur-Mer, in France, and upon the hon. baronet presenting the petition I demurred to the acceptance of it, because I doubted whether there was any precedent for the reception of a petition from any foreign town, and I asked for time to consider that question. I have now to state to the House that I have searched for precedents in this matter, and I have found one, and one only, which I will now proceed to read to the House. It is as follows : — " ' February 17, 1831. — Lord John Russell presented a petition from the inhabitants of Crete, complaining of their sufferings under the Turkish Government in that island. Mr. Speaker said that a very important question was suggested to the consideration of the House by the hon. member for Middlesex, namely, whether petitions from persons who owed neither allegiance to nor could claim the protection of this country, could be received. The object of the petitioners was to obtain the interference of the Crown of Great Britain to protect them from the miseries under which they were at the present moment laboring Was this a petition at all f and if so, was it not a petition to the Crown of Great Britain solely ? The petition did not appear to contain any matter which brought it within the jurisdiction of the House of Commons. It commenced "Honorable sirs," and stated that "on the renowned English people, the lovers of liberty, the patrons and protectors of the injured, the Cretans placed their last hope of salvation, looking up to them for the advocacy of the cause of Crete." It was clear that the petition could not be received by the House of Commons. It was an address to the English Nation. Petition withdrawn. (Decision of Mr. Speaker Manners Sutton.) [3 Hansard II., 654-5.] ' " I think it right to observe to the House that it appears that this petition was not received, mainly upon the ground that the petition related to a matter not within the jurisdiction of the House of Commons. I have further to observe that the petition from Boulogne, offered to the House yesterday by the hon. baronet, refers to a matter quite within the jurisdiction of this House. The petitioners pray that the consulate in that town should remain a consulate, and should not become, as proposed, a vice-con- sulate. I submit to the House that if the House thinks fit to receive, as an act of grace, a petition from inhabitants of the town of Boulogne — many of whom appear to be British subjects — upon such a matter, it may be received upon the ground that the subject matter of the petition refers to a question within the jurisdiction of this House. I may observe that, as a general rule, the House receives petitions from all British sub- jects, in all parts of the world, and it receives also petitions from foreigners resident within the dominions of the Queen ; but I am not aware of any petition being received from the inhabitants of a foreign town, such as the petition offered to this House yesterday. It relates, as I have already said, to a matter within the jurisdiction of this House ; but, in the absence of any precedent, it will be for the House to determine whether it may fitly be received." Subsequently, in answer to Mr. Gladstone, who said he had addressed the House under an entirely false apprehension that this was a petition from foreigners, Mr. Speaker said — "When the hon. baronet presented this petition yesterday I par- ticularly asked him whether it was from British residents at Boulogne. Had he answered in the affirmative I should have made no objection to the reception of the petition ; but the hon. baronet read the heading ' The humble petition of the inhabitants 234 PETITIONS : PRESENTATION. of'Boulogne-sur-Mer, in France,' and upon that I demurred to its being received, upon the ground that it was from the inhabitants of a foreign town. The hon. baronet stated that it was signed largely— and on the face of the petition it appeared to be so— by British residents ; but I could not do otherwise than regard a petition with that formal heading as a petition from inhabitants of Boulogne-sur-Mer." Vol. 228, pp. 1411-17.— April 7, 1876. N.B. — The motion that the petition do lie upon the table (Mr. Disraeli) was, by leave, withdrawn, p. 1420. (B) PRESENTATION OF. Time. Petitions may be presented whenever there is no business before the House. An hon. member asked if a petition could be presented after the proper time, and after questions had been asked. Mr. Speaker — " The time for presenting petitions is before five o'clock, and up to that hour at any moment when there is no business before the House a member is perfectly in order in presenting petitions." (D) Vol. 190, p. 1893.— March 19, 1868. Petitions cannot be presented on the motion that the Speaker leave the Chair. luconie Tax Bill. Committee. Order for Committee read. Motion made. Question proposed — " That Mr. Speaker do now leave the Chair." Mr. W. Williams said he had thirty petitions to propose. The Speaker — " The hon. member cannot present petitions on the question that I leave the Chair." (D) Vol. 157, p. 1469-70.— March 28, 1860. A petition may accompany a substantive motion, but cannot be pre- sented if a resolution is offered, by way of an amendment to the motion, that the Speaker do now leave the Chair. Electoral disabilities of women. Resolution. Mr. Courtney rose to move a resolution on motion for going into Committee of Supply, and stated that he wished to present a petition on behalf of the object of the motion. Mr. Speaker said the usual time for the presentation of petitions had expired, it being past five o'clock. If the hon. member's resolution were brought forward as a substantive motion it might be accompanied by the pr. sentation of petitions ; but, in - asmuch as the resolution which the hon. member was about to propose was brought forward as an amendment to the motion that the Speaker do leave the Chair, the petition could not be presented, but the hon. member could refer in his speech to the substance of it. (B) Vol. 244, p. 405.— March 7, 1879. By whom ■presentable. A petition can be presented to the House only by a member, except a petition from the Corporation of London or the Corporation of Dublin. Parliament. Rules and orders of the House. Petitions. The Bra'llaugh petitions. (B) Vol. 263, p. 1011.— July 16, 1881. PETITIONS : PEESENTATION. 235- Presenting at bar : Privilege. The Corporation of London and the Corporation of Dublin have the privilege of presenting petitions at the bar ; but this privilege is limited to these two corporations. Privilege. The Sheriffs of London and York. (B) Vol. 256, p. 825.— August 31, 1880. Declining to present : Right of member. If a petition contains a prayer which may be construed into a re- flection upon the action of the House, an hon. member would be justified and warranted in declining to present it. Parliament. Rules and orders. Petitions. Mr. Bradlaugh's seat. N.B. — An hon. member asked Mr. Speaker whether a member was justified in de- clining to present, or whether the House could not receive, a petition whose prayer implied that the House had taken a course which was illegal. Mr. Speaker ruled tit supra, adding that the other matter was one for the House to determine. (B) Vol. 262, p. 859-60.— June 20, 1881. Rules on presentation. In presenting a petition, only the substance and prayer may be stated generally. The Tiohborne trial. Contempt of Court. Mr. Skipworth. Irregular petition. Mr. WhaUey presented a petition from Mr. Skipworth, and speaking in detail there- upon — Mr. Speaker — "I must remind the hon. gentleman, the member for Peterborough, that he is now going into details. He is at liberty to state generally the substance and the prayer of the petition, but beyond that he is not entitled to go. If he wishes the petition read by the Clerk at the table, he can have it so read." (B) Vol. 223, pp. 877-8.— April 14, 1875. An hon. member is entitled to read the prayer of a petition, but is not entitled to debate the petition or the subject of it. French commercial treaty. Petition from Bradford. Vol. 263, pp. 17, 18.— July 5, 1887. Parliament. Prevention of Crime (Ireland) Bill. Dublin petition. (B) Vol. 270, pp. 1748-9.— June 20, 1882. A member may state the substance of a petition, but the reading at length must be by the Clerk. Tax BUI. The paper duty. Petition. Mr. Bright presented a petition. Mr. Stewart objected to words therein as disrespectful to the House of Lords, and asked Mr. Speaker if it ought to be received. Mr. Bright proposing to read the words to the House, Mr. Speaker - " The member for Birmingham may state the substance of the petition,, but if it is to be read at length it must be read by the Clerk." Vol. 159, p. 12-53.- July 2, 1860. Ireland. Fenianism. Petition. (D) Vol. 18, pp. 1929-30.— May 3, 1867. 236 PETITIONS: LANGUAGE: OBJECTIONS. Endowed Schools Act Amendment Bill. Committee. Order for Committee read. ^ Motion made and question proposed— " That the Speaker do now leave the Chair.' Mr. Alderman D. McArthur presented a petition from the Wesleyan hody, and was proceeding to read the same, when — _ Mr. Speaker said the hon. member was out of order in reading the petition. If he wished it read, he should move that it be read by the Clerk at the table. (B) Vol. 221, p. 302.— July 20, 1874. LANGUAGE OF. Words apparently reflectins; on another branch of the Legislature do not necessarily render a petition informal. Tax Bill. The paper duty. Petition. A petition presented by Mr. Bright, containing the words "aggression on the established usage of the Constitution," and "invasion of the privileges of the House of Commons," applied to the House of Lords, was objected to by Sir. Stewart. Mr. Speaker—" There can be no objection to receive the petition. There is nothing in it which could render it informal." (D) Vol. 159, p. 12.54 —July 2, 1860. OBJECTIONS TO. If objections are advanced to a petition, a motion shall be made that it be placed in the hands of the Clerk, to be read by him at the table. Royal Atlantic Mail Company Petition. Mr. Cunningham rose to present a petition, and stated the prayer. Mr. Eoebuok objected that it was a libel. Mr. Speaker ruled the hon. member was in order in stating the prayer of the petition. Mr. Cunningham proceeded to read the petition Mr. Eoebuck objected, and moved the petition be not received. Mr. Speaker — " A petition is presented to this House on the responsibility of the hon. member presenting it. The House is not acquainted with the contents of a peti- tion untn after it is presented, and, therefore, it is presented on the authority of the hon. member who has it in charge that it contains no offensive matter, or matter that is contrary to the rules of the House. We have only heard the statement of the hon. member, and if there be any question about the contents of the petition, the proper course is to move that it be placed in the hands of the Clerk and read by him at the table." (D) Vol. 164, pp. 977-8.— July 16, 1861. An objection to the acceptance of a petition must be made on the. question that the petition do lie on the table. Ireland. Fenianism. Petition. Privilege. Observations. Mr. Darby Griffith, as a question of privilege, called attention to certain expressions in a petition presented on a previous night. Mr. Speaker — "I have no doubt that the claim of privilege at this moment cannot be admitted. It is not as if the petition had been presented but not observed upon at the time of presentation. It was commented upon by three hon. gentlemen, the hon. member himself, I think, being one of them. I then stated that if any hon. gentleman had any objection to raise to the acceptance of the petition, that was the proper oppor- tunity. One hon. gentleman moved that the petition be rejected ; but after some observations made upon the subject he withdrew that motion. I then put the question that the petition do lie on the table. No objection was raised. The House received the petition. It is for the House, and not myself, to decide on the acceptance or non- PETITIONS: PRINTING: PUBLIC MONEY. 237 acceptance of a petition. If, on mature consideration, tlie hon. member thinks there is anyiliing in the petition which ought to induce him to bring it under the consideration of the House, he can give notice and make a motion to have the order rescinded. It is not for me to prescribe the exact terms to be used by petitioners in making known their views to this House. This is the temple of free speech and free thouglit. The rules with regard to the form of petitions are well known. I have only to repeat that if the hon. member wishes to take any further action on this petition he must do so by notice." (D) Vol. 187, pp. 13, 15.— May 6, 1S67. PRINTING. The Committee on public petitions, after examining a petition, will, if they consider it of sufficient importance, order it to be printed. If the Committee does not, an hon. member can move it be printed. Indian Taxation. Petition. Motion for printing. (B) Vol. 238, p. 1596.— March 19, 1878. According to the ordinary course, vs'hen a petition is referred to the Select Committee on Petitions, it rests with them to determine whether it should be printed. East India Revenue Accounts. Petitions presented. (B) Vol. 246, p. 1723. -June 12, 1879. PUBLIC MONEY. Irregular, Relating to. No petition can be received involving public money unless first recom- mended by the Crown. The Tichborne trial. Irregular petition. Mr. "Whalley seeking to present a petition for the refunding a fine of £500 inflicted for contempt of Court. Mr. Speaker said — " No petition can be received for refunding any sum relating to the Public Service, or any debts due to the Crown, or for the remission of duties payable by any person, unless it be first recommended by the Crown. This petition, not having been so recommended, cannot be received." (B) Vol. 223, pp. 877-9.— April 14, 1875. SIGNATURES. Unauthorised signatures : Member's duty. An lion, member must first satisfy himself that a pptition in all respects conforms to the rules, and then afiix his name thereto. Parliament. Privilege. PubKc petition. An hon. member having stated that his signature was aflEixed to a petition without his authority, and having moved the discharge of the order for laying the petition on the table — Mr. Speaker — " Before the question is put to the House I think it right to state that it is the duty of every hon. member presenting a petition to the House to make himself acquainted with the terms of the petition, and to see that it is, in its language and expressions, consistent with the rules of the House. Having satisfied himself that the petition is consistent with the rules of the House, it is the duty of the member pre- senting the petition to affix his name to the petition, and it is irregular to authorise any other person to affix the name." N.B. — Order read and discharged. (B) Vol. 228, p. 1320.— April 6, 1876 238 PETITIONS: REFERENCE AFTER RECEPTION. COMMITTEES, REFERENCE TO. A petition must first be received by the House, to enable it to be referred to the Committee on Petitions or any other Committee of the House. Parliament. Public petitions. (B) Vol. 228, p. 1418.— April 7, 1876. It would be in accordance with the usages of the House to appoint a Select Committee to assist the House to decide whether a petition should or should not be laid on the table. Parliament. Petition from a foreign town. Boulogne-sur-Mer. Question. (B) Vol. 228, p. 1485.— April 10, 1876. DISCHARGE OF. On special report. In the event of a special report from the Public Petitions Committee, in reference to a petition, the House, not the Speaker, decides whether it should lie upon the table. Privilege. The Queen v. Castro. The Prittlewell petition. Special report of the Puhlic Petitions Committee. Order for consideration of special report read. Motion made, and question proposed — " That the order that the petition (presented April 6) do lie upon the table, be read and discharged." After long debate Mr. Speaker said — " It is for the House, and not for me, to judge and determine whether the petition now under the consideration of the House should lie upon the table, and thus become one of the permanent records of the House. The House has always maintained the undoubted constitutional rights of the people to com- plain of grievances, and to pray for their redress ; but that right may be abused, and the question for the consideration of the House now is, whether the petitioners in the in the present case have not abused the right of petitioning, which they undoubtedly B) Vol. 223, pp. 976-1017.— April 15, 1875. OUT OF ORDER. Special report on. If a petition is out of order, the Committee on Petitions will report to the House. Public petition. Petition for the impeachment of the Earl of Beaconsfield. Mr. J. Cowen presented a petition, praying for tie impeachment and arrest of the Earl of Beaconsfield. Objection taken. Mr. Speaker — " This petition, in the ordinary course, wUl go before the Select Com- mittee on Petitions, and if they think it out of order, no doubt they will make a special report to the House. As far as I know, from all that has been stated by the hon. member, I see nothing out of order in the petition." (B) Vol. 242, p. 315.— July 26, 1878. IRREGULAR PETITION. Motion for discharge of. It is competent for an hon. member to move, without notice, that the PREVIOUS QUESTION, THE. 239 order for a petition to lie on the table be discharged if an irregularity has been committed in respect of such petition . Parliament. Privilege. The member for North Warwickshire having moved, without notice, that an order for a petition, to which his name was attached without his authority, be discharged, on the following day the hon member for Dundalk moved, without notice, to discharge other petitions similarly irregular. Objection taken by the hon. member for North Warwickshire. Mr. Speaker— "The hon. member for North Warwickshire yesterday moved that an order for a petition, to which his name was attached, lying on the table, be discharged. That motion was made without notice, and agreed to by the House. I considered that he was Justified in making that motion, without notice, because, if not a breach of privilege, certainly a gross irregularity had been committed by affixing the hon. gentleman's name to a petition without his leave. Now the hon. member for Dundalk, finding that other petitions, identical in terms and language, and having the same signature affixed to them, have been presented to this House and received by this House, he, exercising his right, as I think, has moved that the order that these petitions lie upon the table be discharged." (B) Vol. 228, pp. 1395-1400.— AprH 7, 1876. PREVIOUS QUESTION, THE. Amendment withdrawn : Original motion not withdrawn : Previous question may he moved. An amendment on a motion being withdrawn, but the House not having consented to the withdrawal of the original motion, the previous question may be moved. Denmark and Germany. Treaty of London. Mr. Bemal Osborne having moved a resolution, Mr. Peacocke moved an amendment. At the close of the debate, Mr. Peacocke said he wished to ask how the question really stood. As he understood it, the hon. gentleman the member for Liskeard did not press his motion, and consequently his (Mr. Peacocke's) motion was gone. Mr. Bemal Osborne — " I beg to withdraw my motion." (" No, no.") Mr. Speaker — " Does the hon. member propose to withdraw his amendment? " Mr. Peacocke — " On the imderstanding that the original motion be withdrawn." Amendment, by leave, withdrawn. Original question again proposed. Mr. Speaker said that the amendment had been withdrawn by the consent of the House ; but as the House did not consent to the withdrawal of the original motion, the right hon. gentleman (Mr. Disraeli) would have an opportunity of moving the previous question. Mr. Disraeli — " I beg to move the previous question." Whereupon previous question — "That that question he now put" — (Mr. Disraeli) put and negatived. (D) Vol. 174, p. 1376.— April 19, 1864. Irregular motion for, on amendment. When an amendment is before the House the previous question is not in order. Proportional Eepresentation Bill. Second reading. 240 PEIVILEGB. An amendment being before the House to leave out certain words and to add others, and question "That the words proposed to be left out stand part of the question" being put an negatived — Colonel Stuart Knox moved the previous question. Mr. Speaker said that the question just proposed was not in order, and could not be made before the amendment actually before the House had been disposed of. (B) Vol. 212, p. 926.-July 10, 1872. Previous question negatived : Main question put at once. On the previous question being put, and the House deciding by division thereon that the original question be put, the only question that can be decided is " Aye " or " No " on the main question ordered by the House to be put, and neither the adjournment of the debate nor of the House can be moved. Parliament. Privilege. Mr. PlinisoU. (B) Vol. 260, pp. 1157-8.— February 20, 1880. PRIVILEGE. Urgency a necessary condition for precedence. A question of privilege, to be entitled to precedence, must refer to some matter which has recently arisen, and which calls for the present inter- position of the House. Vaper Duties Eepeal Bill. Ciuestion. Lord Fermoy asked whether his motion — " That the rejection by the House of Lords of the BiU for the repeal of the paper duties is an encroachment on the rights and privileges of the House of Commons, and it is therefore incumbent upon this House to adopt a practical measure for the vindication of its rights and privileges " — would entitle him to precedence. Mr. Speaker — "A question of privilege, to be entitled to precedence, must refer to some matter that has recently arisen, and which calls for the present interposition of the House. Now it cannot be said that the subject matter of the noble lord's resolution has recently arisen, because twelve days ago the noble lord, the First Lord of the Treasury, proposed resolutions to this House on the same subject, which were adopted by a large majority. While the House reserves to itself on every occasion the power of at once proceeding with any matter which may appear urgent, still it does not admit the claim of hon. members to precedence unless the prescribed requirements are all fulfilled. It certainly seems to me that in the present instance those requirements have not been fulfilled, and I do not think the noble lord is entitled to precedence." (D) Vol. 159, p. 2035.— July 17, 1860. Mr. Stansfield upon the Greco conspiracy. Sir Henry Stracey moved that the Orders of the Day be postponed until after his motion—" That the statement of the Procureur-General, &o., &o., deserves the serious consideration of the House." Mr. Speaker — "That will not be the proper course for the hon. member to take. If the hon. member could claim the ground of privilege that would give his question precedence without postponing the Orders of the Day. It is for the House to say whether this is a question of privilege of that nature which should take precedence over all the other business. A matter of privilege which claims this precedence should PRIVILEGE. 241- be some subject which has recently arisen, and which clearly involves the privileges of this House, and calls for its immediate interposition. I stated to the hon. baronet that as this subject has already been twice under the notice of the House — as questions have been asked twice in this House upon it— it did not appear to me to come under the character of something which had recently arisen, and required the immediate in- terposition of the House without notice. I therefore told the hon. gentleman that in my opinion the course which he proposed to himself of raising any question which he might deem fitting upon it on going into Committee of Supply was the right course for him' to follow.' It- is for the House to decide whether it thinks, under the circupa- stanees, that is the proper course to be pursued. The House has the power of directing the course which it may think right in this case." (D) Vol. 174, pp. 189-90.— March 17, 186.4. A matter, to be one of privilege, must be urgent in point of time, and directly affect the privileges of the House or of members. Parliament. Privilege. Practice of the House. Question. A motion being on the paper, challenging two statements alleged to have been made by an hon. member at different dates, Mr. Speaker is asked whether the motion is not of that character which, as a matter of privilege, should take precedence of the other ( )rders of the Day. Mr. Speaker said—" The House is aware that, according to the general practice of the House, no question of this character is dealt with as a matter of privilege, unless it is urgent in point of time, and directly affects the privileges of this House, or of members of this House. The notice of the hon. member challenges two statements alleged to have been made by the hon. member for Meath, one on the 2lBt of April, and the other on the 20th of June last. It appears to me that this question, having regard to the question of time, cannot be regarded as a question of privilege, because it is not urgent in point of time ; but if the House should think fit to entertain the motion at once as a matter of privilege, the subject is one which would warrant that course." (B) Vol, 235, pp. 828-9.— July 5, 1877. A question of privilege must be brought on at once, or it loses its claim to be dealt with as a matter of privilege. Parliament. Privilege. Interference of peers in elections. The North Hiding election. Mr. Cowen called the attention of the House to a breach of its privileges in the matter of the election in the North Hiding some weeks ago, wherein, he alleged, that two peers had substantially supported a candidate. Mr. Speaker ruled that as the hon. member had allowed a considerable time to elapse, instead of bringing the question forward at the earliest possible moment as a question of urgency, he had thereby lost his claim to deal with the matter as privilege. (B) • Vol. 266, pp. 787-8.— February 16, 1882. Immediate action necessary. A breach of privilege, if brought before the House, must be at once dealt with ; and it is not in order to postpone the consideration thereof to a future day. Privilege. The World newspaper. Eefleelions on members of this House. (B) Vol. 258, p. 514.— Febraary 10, 1881. Q 242 PRIVILEGE. Precedence of motion. A notice of motion having been given by an hon. member, and that hon. member rising to bring before the House a question of privilege, that question must be settled before the hon. member can proceed to address the House. Government Annuities Bill. Mr. R. B. Sheridan. Privilege. (D) Vol. 174.— March 18, 1864. A motion on a question of privilege takes precedence of all other public husiuess. Parliament. Public Petitions Committee. Fictitious petitions. Report. Motion made and question proposed — " That the special report do lie upon the table." On motion " That the debate be adjourned," and reference being made to Mr. Speaker— Mr. Speaker said—" The report no-n- lying on the table involves a question of breach of privilege on the part of certain persons who have forged signatures to a petition to this House, and if the debate be adjourned it would take precedence of all other public jrooeedings of the House on the day to which it might be adjourned. Therefore, if the debate be now adjourned, the motion would come on as a question of privilege on a future day." ex election of April 29, 1789, be was entitled, as a matter of privilege, to move that the electors of the borough of Northampton be beard at the bar ? ■ Mr. Speaker said— " Motions for new writs are ordinarily made without notice, and have precedence as concerning privilege. Such motions are founded upon certain events which have recently caused a vacancy — as, for example, the death ot a member, his acceptnnce of office, or the report, of election Judges. In such cases there are obvious reasons for giving precedence to a motion for a new writ. The grounds are clear and of recent occurrence, and the seat ought not to be left vacant, in the interest of the electors. But none of these reasons are apparent on the present occasion. The motion indeed can scarcely be proposed with the serious purpose of inducing the House to issue a new writ for Northampton ; but, like a similar motion of the hon. member on ihe 21st of February, seems rather designed to raise a discussion, indirectly and irregularly upon the claim of the junior member for that borough to take the oath. For these reasons the motion of the hon. member is clearly not entitled to privilege. With regard to the second question of the hon. member, I have to say, that there are Stand- ing Orders with regard to petitions which were not in existence when the Middlesex petition referred to by the hon. member was heard. On that account there is no gi'ound for dealing with a petition of that kind stated as a matter of privilege." (B) Vol. 267, pp. 1820-21. -March 24, 1882. ' Hostile message. If a member brings before the House that he has received a challenge from another member, which challenge he has declined, motion is made "That the me«\ber (who has challenged) attend in his place " on a sub- PRIVILEGE. 245 sequent day, and suck member being in his place accordipg to the order of the House, he is called upon by Mr. Speaker to give an assurance that he will not be a party to hostile measures. Parliament. Privilege. Mr. M'Coan and Mr. O'Kelly. Vol. 272, pp. 1336-43.— May 31, 1883. (B) And pp, 1488-96.— June 1, 1883. Order of debate in the matter of a hostile message between members. Where one hon. member has sent a hostile message to another hon. member, in consequence of words spoken in debate, when complaint thereof is made to the House, Mr. Speaker calls upon the hon. member to express regret and give assurance that the matter will proceed no further. No general discussion is regular ; and no discussion can take place on the words used in the debate complained of. The matter becomes one between the hon. member and the House, and is not between the two hon. members. Viscount Palmerston brought before the House a breach of its privileges by The O'Doiioghue, who had sent a hostile message to Sir Robert Peel. Mr. Speaker—" It having been brought under the notice of the House that a distinct breach of its privileges has been committed by the hon. member for Tipperary, it becomes my duty to rail on that hon. member to express his regret for the breach of privilege he has committed, and to give an assurance to this House that the matter shall proceed no further." The hon. member for Limerick, who acted for The O'Donoghue, having explained at some length, Mr. Speaker said — " The hon. and gallant gentleman, the member for Limerick, speaking on behalf of the hon member for Tipperarv, has been permuted full latitude ; but I inust point out to the House that it would not be proper in the House to follow him to the extent he has gone, because one of the rulea of the House is that any excep- tion taken to words spoken in debate must be taken on the spot, and at once, and no words spoken can be taken notice of afterwards in the House if such exception has not been taken to them, and if the words themselves have not been taken down by the Clerk at the table. The value of that rule must be felt on the present occasion, because the hon. and gallanc gentleman has not proposed to report to the House the exact words which have been complained of by the hon. member for Tipperary. It is now my duty to inform the House that no discussion can take place on the words which were used on Monday evening ; the time for discussing them has passed. A breach of privilege has now been brought under the notice of the House, and it is now my duty to call on the hon. member who was Kuilt) of what I must observe to him is an offence to this House, to express his regret that he has committed a breach of privilege, and to give to the House an assurance that the matter will proceed no further." The O'lJonoghue, who s-pok.- at some length, was reminded by Mr. Speaker " This is not an occasion on which it is competent for the hon. gentleman to enter upon a general discussion of this nature. The matter is confined within much narrower limits." The O'Donoghue, in continuation, referring pointedly to Sir Robert Peel, Mr. Speaker — " 1 trust the hon. gentleman is aware that the matter in question lies not between himself and the right hon. baronet, but between himself and the House, and I hope he will not conclude his speech without some reference to the position in which he has placed himself with regard to the House." The O'Donoghue gave the required assurance. (D) Vol. 168, pp. 617, 626.— February 24, 1862i 346 PRIVILEGE. Letters covstituting breach of privilege. If an hon. member complains of a letter written to an hon. member, holding out threats, that letter must be produced and read at the table of the House, and a resolution submitted to the House. Whether the grievance is of such a character as to constitute a breach of privilege is for the House to decide. Parliament. Privilege. Political Committee of the Reform Club. Resolution. (B) Vol. 239, pp. 1168-72.— June 12, 1876. If an hon. member complains of a letter written in the public press as a breach of privilege the first step to be taken is that the letter be read by the Clerk of the House. Parliament. Privilege. Mr. P. Egan. Vol. 261, pp. 1667-60.— May 30, 1881. If the consequent motion " That the letter is a breach of the privileges of the House " be carried, the further steps to be taken are a matter for the determination of the House. (B) Ibid., p. 1687. A letter from a member to Mr. Speaker relative to the proceedings of the House in his case may be taken into consideration on a future day, pursuant to notice given, by any hon. member, when it can be brought forward as a question of privilege. Parliamentary oath (Mr. Bradlaugh). Vol. 261, pp. 217-18.— May 11, 1881. (B) Also pp. 282-4.— May 12, 1881. Member, Arrest of. A motion bearing on the arrest of an hon. member cannot claim such urgency as to constitute privilege when a considerable time has elapsed. Protection of Person and Property (Ireland) Act, 1881. Arrests under the Act. The case of Mr. Dillon, Mr. John Cowen asked the Speaker whether the arrest of Mr. Dillon could be treated as a quf stion of privilege. Mr. Speaker — "Mr. Dillon, one of the members for Tipperary, has been committed to prison for some time under an Act of Parliament passed this Session, and I am asked whether any motion on that matter would be treated as a question of privilege. I have no hesitation in saying that any motion bearing on Mr. DiUon's arrest, seeing that tie has been for some time in prison, and that urgency does not apply, could not, according to the practice of tBe House, be treated as a question of privilege. Any motion brought forward on that matter must be brought forward in the ordinary way." (B) Vol. 261, pp. 692-94.— May 17, 1881. Members, Circulars to. A circular calculated to influence the independent judgment of mem- bers is highly reprehensible, though the offence is not of so grave a character as to constitute it a breach of privilege. Parliament. Privilege. Circulars to members. Question. (B) Vol. 235, p. 1513.— July 19, 1877. PRIVILEGE. 247 Members : Hypothetical conduct of. It is not for Mr. Speaker to take notice of unauthorised reports in newspapers of possible action on the part of hon. members. If any action on the part of the House should become necessary, no doubt the House will give Mr. Speaker such instructions as may be required. Parliament. Privilege. Parliamentary oath (Mr. Bradlaugh). ' (B) Vol. 278, pp. 2a6-7.— May 8, 1883. Members : Imputations on. A motion calling attention to imputations on members has sometimes been treated as a question of privilege and had precedence, but more frequently has been treated as an ordinary motion ; but whenever treated as privilege, urgency has been of the essence of the motion. Imputations on a member of this House. Gloucester election petition (Judges' report). A motion being on the paper " to call the attention of the House to the grave imputations upon a member of this House " — In reply to whether the motion partflok of the nature of a privilege question and would take precedence of the Orders of the Day, Mr. Speaker — '"The noble lord, the member for Woodstock, consulted me last week whether the question which he has put on the paper could be entertained as a question of privilege. Since then I have had an opportunity of causing a search to be made for precedents, and I find that in some instances questions of this kind have been taken as questions of privilege and have had precedence, but I find more frequently saoh questions have been dealt with as ordmary motions. But it will, on examination, be found that whenever such questions have been treated as privilege urgency has been of the essence of the motion. I cannot say that this motion now under consideration is of that urgent character that it should take precedence as privilege." (B) Vol. 253, pp. 432-3.— June 21, 1880. Member's seat: Motion affecting. A motion afiecting the right of a member of the House to take his seat is one of privilege. Parliamentary oath. Mr. Bradlaugh. (B) Vol. 267, p. 192.— March 6, 1882. Resolution touching an hon. member void by fact. The House having come to a resolution (February 7, 1882) touching an hon. member (Mr. Bradlaugh), elected and claiming to sit for a certain place (Northampton), and that member ceasing to b6 a member, the resolution becomes inoperative, and though the member be again re- turned for the same place, the resolution is not revived thereby. Parliamentary oath. Mr. Bradlaugh. (B) Vol. 267, p. 191.— March 6, 1882. 248 PEIVILEGE. Newspaper article : Complaint of: Procedure. When an hon. member complains of a breach of privilege by a news- paper article he must bring up the newspaper itself in which the article appears. Parliament. Privilege. Observations. Mr. Pamell having complained to the House of certain articles in The Times, The Globe, and The Emuing Standard, as libellous of hon. member and constituting a breach of privilege — And objection being taken that the hon. member was entering into extraneous matters, and the other articles should be read at the table, so that the House might decide whether a breach of privilege had been committed — Mr. Speaker — "The hon. member is bound to confine himself strictly to the question of privilege which he has brought before the House." And added subsequently—" The ordinary course under the circumstances is that the article complained of be read by the Clerk at the table. The hon. member is certainly exceeding the ordinary latitude allowed to hon. members in bringing forward questions of privilege, in making remarks which scarcely appear to be relevant to the matter 1 efore the House." And the hon. member coming up to the table with the ai'tioles— Mr. Speaker said — " When an hon . member complains of a breach of privilege having been committed by what he regards as a libel on a member of the House, he is bound to bring up the newspaper itself in which the article complained of appears The hon. member having failed to take that course, and having brought up cuttings from news- papers instead, the question of privilege which he has brought forward cannot now be entered upon." Vol. 239, pp. 532-36.— April 4, 1878. Parliament. Privilege. Mr. O'DonneU and The Globe. (B) Vol. 239, pp. 1399, 1404, 1406, 1408, 1410.— April 16, 1878. When complaints are made of the character of articles in newspapers, the newspapers containing such articles are brought up to the table and the passages complained of are read by the Clerk of the House. But when a series of newspapers are brought up, with the consent of the House this custom is departed from, so far as reading all the articles complained of, to avoid unduly taking up the time of the House. Parliament. Privilege. The newspapers. (B) Vol. 250, pp. 1214-22.— Februaiy 23, 1880. Officers of the House : Writs on. A writ being served on an officer of the House for obeying the order of the ' House, or to restrain such officer from obeying an order of the House, Mr. Speaker acquaints the House that the officer has a com- munication to make to the House, whereupon he appears at the bar and makes his communication. Parliament. Privilege. Bradlaugh v. Erskine. Seivice of a writ on the Deputy Sergeant-at-Arms. Mr. Speaker reported to the House that the Sergeant-at-Arms had a communication to make to the House. Whereupon the Sergeant came to the bar and reported that the Deputy Sergeant had received a copy of a writ of summons in an action brought against him by Mr. Brad- laugh, member for Northhampton, for an assault in removing him from the precincts of the House on the 3rd of August, 1881. PRIVILEGB. 249 In obedience to Mr. Speaker, the Sergeant delivered the documents, which were read at the table of the House. Whereupon it was resolved that the communication now made be taken into consideration on Monday aext. Vol. 269, pp. 242, 245.— May 5, 1882. On Monday, May 9, the writ and othsr documents were considered, and resolutions passed, that leave be given the Deputy Sergeant-at-Arms to appear and plead in the action, and that the AttorUey-General be directed to defend. (») im., pp. 337-40. Parliament. Privilege. ' Bradlaugh «. Gossett. In this case the Sergeant-at-Arms, at the bar, informed the House that he hsid received a copy of a writ of summons in an action brought against him by Mr. Bradlaugh, member for Northampton, and then he delivered the copy of the writ and other docimients relating thereto, which were read at the table. • Urdered - That the said communication be taken into consideration to-morrow, at two of the clock. Vol. 281, pp. 1915-1919.— July 19, 1883. (The House ordered the Attorney-General to defend the Sergeant-at-Arms against the said action. Vol. 282, p. 67.) Parliamentary oath, not subject to interference. If an hon. member presents himself at the table of the House to take the oath of allegiance, as required by law and according to the usual practice of the Hcmse, Mr. Speaker will interpose if any hon. member seeks to put any question to any such member, or to interfere in any manner. The Parliamentary oath. Case of Thomas Collins, Esq., member of Knaresborough. When Mr. Speaker ruled uL supra, and pointed out that the case of Mr. Bradlaugh was essentially different, the hon. member having himself raised questions which demanded the consideration nf the House. (B) Vol. 261 , pp. 936-40.— May 20, 1881. Parliamentary oath : Right to he sworn : Pule of the House. In the face of a resolution of the House, that a member be not per- mitted to take the oath, Mr. Speaker would be bound not to call the member to the table to be sworn. Parliamentary oath. Mr. Bradlaugh. Mr. Speaker is asked by an hon. member (Mr. Labouchere) whether Mr. Bradlaugh, being ready to produce to the Clerk of the House the certificate of his return, certified by the Clerk of the Crown, and hon. members being ready to inb'oduce him to the table, in accordance with the resolution of February 23, 1688, whether the resolution of March 6 {" that Mr. Biadlaugh be not permitted to go through the form of taking the oath prescribed by the Statutes 29 Vict., c. 19, 31, 32, Vict., c. 72") forbids Mr. Bradlaugh and his introducers from coming to the table for the pxirpose of claiming his seat for Northampton according to law ; and as Mr Bradlaugh is forbidden to take the oath of allegiance, how he is to proceed to perform his duty to his and my constituents by sitting and voting in this House. Mr. Speaker — " In reply to tie hon member I have to state that I have no hesitation in saying that, in my judgment, in view of the resolution agreed to by the House yesterday, that Mr. Breidlaugh be not permitted to go through the form of taking the o;ith of aUiegance prescribed by law, it would be irregular and disorderly for the two hon. inembers lefeired to to introd lee him to the House, and conduct him to the table for the purpose of his taking the oath. 1 may add that it is a well-known rule of this 250 PRIVILEGE. House that no hon. member is to come to the table to he sworn until he has been called upon to do so by the Speaker ; and, having regard to the resolution of yesterday, I consider myself bound not to call upon the hon. member for Northampton to come to the table to be sworn. As regards the second question, I have only to point out that it forms no part of my duty to advise hon. members as to the course which they should pursue in asserting their title to take their seats." (B) Vol. 267, pp. 389-90.— March 7, 1882. Person charged with breach of privilege : Procedure. It is the practice of the House to allow a person to be heard at the bar before he is censured and condemned for a breach of privilege. Private Bill. Tower High Level Bridge (Metropolitan) Bill. Breach of privilege.. Consideration of special report. (B) Vol. 247, p. 1875, July 8, 1879. Petitions involving privilege. A petition involving a questioD of privilege may be moved to be printed at once, without notice, and for the use of members only. (D) Vol. 164, p. 1186.— July 19, 1861. Petition : Right of. A motion relating to the right of petition is not of the character of a question of privilege, and cannot claim precedence as privilege. Parliament. Privilege. The right of petition. The telegraph clerks. Mr. O'Donnell asked Mr. Speaker whether a motion he proposed to make on a Treasury minute, which threatened telegraph clerks with certain pains and penalties for having addressed the House as petitioners for redress of grievances, could be treated as a matter of privilege, and have'precedeuoe on the grounds of such minute violating the fundamental privilege of the House to be addressed by all classes of Her Majesty's subjects for the redress of their grievances. Mr. Speaker ruled that, having carefully examined the Treasury minute, he saw no- grounds for giving precedence to a motion of that character as a question of privilege. The minute could be brought, upon constitutional or other grounds, before the House by motion in the usual way. (B) Vol. 262, p. 1035-37.— June 22, 1881. Vacancy of seat : Effect of resolutions : The Bradlaugh case. Parliament. Privilege. Northampton. New wi'it. Resolution. Mr. Speaker being asked whether the resolutions of the House touching Mr. Brad- laugh— the Parliamentary oath — created a vacancy in the representation of Northamp- ton — Mr. Speaker said it seemed to him rather a matter for the House than the Chair to- decide. (Bj Vol. 266, p. 1246.— February 21, 1882. Writ, new : Motion for, one of privilege. In the case of a vacancy for a seat in this House it is a matter of privilege. It i^ always taken as a matter of privilege, unless otherwise PRIVILEGE. 251 ordered by the House ; and it is open to any hon. member to move at once that a new writ be issued for a vacancy. Parliament. New writ for Wigan borough. Writs for reported boroughs. (B) Vol. 265, pp. 888-6.— August 25, 1881. Writ, New : Motion for, where bribery concerned. Amotion for a new writ cannot claim precedence on the ground of privilege where bribery and corruption has occurred. Boroughs of Gloucester and 'Wakefield. Question. Mr. T. Buncombe asked the Speaker whether his motion entitled him to precedence. Mr. Speaker — " Since 1848 it has been the settled practice of the House that where a seat has been declared void, on the ground of bribery and corruption, no motion should be made for a new writ without previous notice, and it has been held that a motion for a new writ, under these circumstances, is not entitled to precedence on the ground of privilege. The very essence of privilege is that a motion may be made without notice. This, however, has been the practice of the House for many years, and has been acted on in the case of Berwick-r>n-Tweed, Eye, Maidstone, Chatham, Harwich, and Durham, in the year 1853, and in 1857 in the case of Galway and Mayo. I must therefore adhere to the established practice of the House, and must state that the hon. member cannot claim the privilege of precedence in making his motion. The motion must be made, as has been done in former cases, by notice, and then taken in due comse." Vol. 163, p. 1323.— June 20, 1861. (D) Vol. 147, pp. 283-5.— July 23, 1857. By a resolution of the House of February 10, 1882 — "That in all cases where the seat of a member has been declared void on the ground of bribery, no motion for the issue of a new writ shall be made without two days' previous notice with the votes, and that such notice be con- sidered before Orders of the Day and notices of motion." Parliament. Gloucester writ. (B) Vol. 268, pp. 1574-5.— Aprfl 27, 1882. Both Houses : Questions of, affecting. The House may be invited to express an opinion in reference to matters of privilege affecting both Houses of Parliament. Pri%ilege of Parliament. Immunity from arrest. (B) Vol. 250, p. 1313.— Febmaiy 24, 1880. QUESTIONS. GENERAL IITJLES. In putting a question, only such facts may be stated as are necessary to explain the question. On Monday, March 15, 1858, Mr. Grogan put a question to the Secretary for Ireland, referring to the collision between the pofire and students in Dublin. The hon. member proceeded to give a detailed account of the procedings, but was interrupted by frequent calls to order. Mr. Speaker — " The hon. member must confine himself to stating such particulars only as may be necessary to explain the question he is about to put." 252 QUESTIONS: GENERAL RULES. The hou. member again exceeding the limits allowed, was twice reminded by the Speaker that only the facts on which the question is founded were permissible, and that " if the hon. member enters upon such grounds as these, it will be calculated to lead to a debate, which is contrary to the orders of the House." Vol. 149, pp. 172, 173 —March 15, 1858, (See also Speaker's ruling to same effect on a question put by Mr. Crawford. March 18, 1858.— Vol.. 149, p. 325.) Only such statements as are absolutely necessary to make the question intelligible are permitted. The Oude Proclamation. Question. Mr. Newdegate said he rose to put a question which he hoped the House would permit him to preface with a few explanatory observations. Mr. Speaker said that the hon. member must confine himself to putting the question. Note. — In replying to this question, by permission of the House. Mr. Vernon Smith was allowed to explain the circumstances to which the hon. member was understood to refer. (D) Vol. 150, pp. 525-6.- May 13, 1858. Examinations for the army. Obseryations. Col. North, in asking a question of which he had given notice, was proceeding to comment upon a letter in the Times.— Mi. Speaker said, according to the rules of the House, the hon. and gallant member must confine himself to such a statement as was absolutely necessary to make his question intelligible. (The hon. and gallant member then moved the adjournment of the House in order to refer to the letter.) (D) VoL 154, p. 796.— July 7, 1859. An hon. member must confine his remarks to putting the question. The Scotcli and Irish Reform Bills. Question. (0) Vol. 159, p. 25.— June 7, 1860. An hon. member can only state what is absolutely necessary to explain the question. Foreign Office. Translations of foreign documents. Question. (B) Vol. 210, pp. 1087-8.~Apra 11, 1872. Only such statements maybe made as are necessary to make the question clear. Landlord and Tenant Bill. Question. (B) Vol. 215, p. 644.— April 7, 1873, An hon. member is in order in giving an explanation of his question, but he must not make observation relative to matters which are rather for debate. The Eastern Question. The CoEgress. Question. (B) Vol. 239, p. 523.— April 4, 1878. In putting a question it is irregular to diverge from the subject matter. Sir DeLacy Evans, asking the date of a communication to the India Council, pro- ceeded to remark upon the members of the Council, when Mr. Speaker suggested to the hon. and gallant member that he should confine him- self mure ttrictly to the question he wished to put to the Indian Minister. Vol. 159, pp. 528-9.— June 15, 1860. . - QUESTIONS: GENERAL RULES. 253 The lake in the Regent's Part. Question. Vol. 163, p. 632.— June 6, 1861. United States. The civil war. Privateering. Question. (D) Vol. 163, p. 473.— June 3, 1861. In putting a question an hon. member must confine himself to the narrowest limits. United States. The civil war. Mr. Lindsay's motion. (D) Vol. 168.— July 18, 1862. Facts necessary to elucidate may be stated, but arguments not allowed. Political demonstrations in Ireland. Question. Mr. WhiiUey having altered a question of which he had given notice, by omitting words calculated to give offence, Mr. Scully rose to order, and ohjected to the word "disloyal," which had originally appeared on the paper, and also to the allegation that the Prince of -Wales had been burnt in effigy. Mr. Speaker— " Will the hon. gentleman point out what he considers to be out of order in the question of the hon. member for Peterborough?" Mr. Scully — " I do not think the paper of the House ought to be made use of for the- purpose of charging the inhabitants of certain towns in Ireland with disloyal manifes- tations, aiid with the burning of the effigy of the Prince of Wales, particularly when there is no ti-uth whatever in the assertion." Mr. Speaker — " The rule of the House is that in putting a question no argument or opinion is to be offered, and no new fact stated, except as far as they may be necestary to explain such question. The good sense of that regulation must be evident to the House. No matter ought to be propounded as a question in a form to raise discussion. In the present instance it is quite allowable for the hon. member to state the facts which are necessary to elucidate his question. Whether or not the assertions he has made are well founded it is quite beyond my province to determine It would, of course, be improper and out of order for a member to state as a fact anything which he cannot substantiate. If it is capable of being established as a fact that the effigy of the Prince of Wales has been publicly burnt, then perhaps no great difference of opinion would arise as to the appropriateness of the epithet disloyal applied to such a transac- tion. The rule of the House is, as I liave stated, that no matter of opinion or argu- ment can be introduced in putting a question." (D) Vol. 169, pp. 1931-33.— March 26, 1863. In asking a question an hon. member is not at liberty to make a speech. If. a question requires much explanation it should be matter of a motion rather than a question. A Roman Catholic burying ground at Sydenham. Question . (D) VoL 17-', pp. 1469-1471.— July 27, 1863. 'An Hon. member must confiiie himself strictly to the facts necessary to explain it. Denmark and Germany. The conference. Question. (D) Vol. 175, p. 100.— May 6, 1864. In asking a question, remarks must be limited to the question. Ecclesiastical Titles Act Committee. Question. Mr. Newdegate asked a question respecting the -appointment of the Committee, and proceeded to comment on the construction of the Committee. Mr. Speaker said that the hon. gentleman might ask the question, but was not entitled to enter into the consideration of the construction of the Committee. (D) Vol. 187, pp. 1495-6.— June 3, 1867; 354 aUESTIONS: ATTEMPT TO DEBATE, Questions must be restricted to statements of facts. Export of arms to belligerent States. QueBtion. Vol. 204, p. 1764.— March 10, 1871. Army. Volunteers and Hyde Park. Vol. 206, p. 160a.— June 6, 1871. Army. Campaign manoeuvres in the autumn. Question. Vol. 208, pp. 781-783.— August 3, 1871. Navy. Loss of the Megara. Notice. (D) Vol. 208, p. 842.— August 4, 1871. ATTEMPT TO DEBATE. On putting a question it is not convenient that the subject should be debated. Abyssinia. Dr. Beke and Mr. Layard. Question. (D) Vol. 190, pp. 649-50.— December 6, 1867. In putting a question a member is not entitled to make a speech or use arguments. Metropolis. New Courts of Justice. Question. Mr. Cavendish Bentinck, in putting a question to the Chancellor of the Exchequer relative to the designs for tie new Courts, was proceeding - He understood that during the vacation (" Order ! Order ! " ) Mr. Speaker — "The hon. member is not entitled to make a speech in putting his question." Vol. 209, p. 868.-February 22, 1872. Treaty of Washington. Tribunal of Arbitration (Geneva). Counter case and state- ment. Question. (IJ) Vol. 210, pp. 1266-7.— April 15, 1872. In putting a question an hon. member is not entitled to debate the same. Theatre Regulation Act. " The Happy Land " question. Sir Laurence Palk was about to read a letter referring to the above, when — Mr. Speaker said the hon. gentleman was entitled to put the question of which he had given notice, but he -was not entitled to debate the question. (B) Vol. 214, p. 1611.— March 10, 1873. The Queen v. Castro. Vol. 224, p. 585-6.-May 13, 1875. Jesuits in England. Vol. 224, p. 1715.— June 11, 1875. Parliament. Business of the House. Questions. ,(B) Vol. 224, p. 1467.-June 17, 1875. Questions involving argument cannot be put, nor can debate be allowed on the question put the second time. The Queen v. Castro. Question. Vol. 22.5, pp. 791-92.— July 1, 1875. Offences Against the Person BiU. Question. Vol. 225, p. 952. - July 6, 1875. The Papacy. O'Keefe v. CuUen. Question. Vol. 225, p. 1141.— July 8, 1875. The Jesuits. Question. Same day. Privilege. Cardinal Manning. Question. .(B) Vol. 225, pp. 1247-49.— July 9, 1875. QUESTIONS: PARTICULAR RULES. 255 Only 8ucli matter may be introduced or quoted as is necessary to make the question plain. State of Ireland. Representation of foreign powers. Vol. 257,p. 724.— January 14, 1881. State of Ireland. The Land League. Vol. 257, p. 644.— January 13, 1881. State of Ireland. The Land League. (B) Vol. 257, pp. 844-5.— January 17, 1881. Only such statements may be made and extracts read as are necessary to make the question clear. Central Asia. Advance of the Russians. (B) Vol. 260, pp. 468-70.- April 1, 1881. In asking a question, observations which might lead to debate cannot be regarded as coming within the proper limits of a question. Laud Revenue Act. The Stagsden Crown Estate. {B) vol. 261, pp. 958-969.— May 20, 1881. In putting a question a member cannot make a statement. India. The Maharajah Dhuleep Singh. 3 Vols., fscp. 8vo., 2s. 6d. per Vol. Adelaide: 1887-1890. N.B. — Orders for the above "Works should be addressed to The Government Printer, Adelaide, South Australia.