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Chapter

VII.

resumes

same

In 1902 the standing order was amended by a provision for the appointment of a deputy chairman, who, whenever the house is informed by the clerk at the table of the unavoidable absence of the chairman of ways and means, is entitled to exercise all his powers, including those as deputy Speaker.

On the 31st January, 1881, during a protracted sitting, Speaker the Speaker retired, and the Clerk informed the house of the chair his unavoidable absence. The chairman of ways and during the means then took the chair, which, after several hours, was sitting. resumed by the Speaker. Objection was immediately taken that the Speaker, having once left the chair, was, according to the terms of the standing order, unable to resume it until the following day; but the objection was overruled by the Speaker, because the standing order could not restrain the inherent authority of the Speaker in the event of his resuming the chair and exercising the authority of his office.

When the debate had further continued for many hours, the Speaker was again replaced by the chairman of ways and means, but resumed the chair in the morning, and occupied it until the close of the debate. And now, the Speaker, under standing order No. 1, after he has taken the $. 0. 1,

Appendix I. chair at the commencement of a sitting, without any formal communication to the house, can request the chairman of ways and means or the deputy chairman to take the chair, either temporarily, or until the adjournment of the house."

1 To enable the deputy chairman to take the chair in committee of the whole house, the absence of the chairman of ways and means is announced at any time before the commencement of public business.

? 136 C. J. 50; 257 H. D. 3 s. 1707. On other occasions the Speaker vacated and resumed the chair during a sitting, 121 C. J. 234. 261. 331. 339.

3 144 ib. 393. 394 ; 145 ib. 539. 580. In session 1903, on a day on which there were two sittings (see

p. 213, n. 1), the Speaker who had taken the chair at the commencement of the afternoon sitting was unable to resume it when progress was reported from the committee of supply at the evening sitting. The house was so informed by the Clerk, and the deputy chairman who had been acting for the chairman of ways and means in his unavoidable absence took the chair as deputy Speaker, 158 C. J. 96; see also 160 ib. 65.

Chief

A brief notice may now be given of the principal officers Chapter

VII. whose duties are immediately connected with the pro

ceedings of Parliament.
Assistants The assistants of the House of Lords are the judges, the
of the
Lords. attorney and solicitor-generals, and such of the privy council

as are called by writ from the Crown to attend. The
judges, as assistants of the Lords, held a more important
place in Parliament, in ancient times, than that which
is now assigned to them, having had a voice of suffrage,
as well as a voice of advice. They were also occasionally
made joint committees with the lords of Parliament-a
practice which continued until the latter end of the reign
of Queen Elizabeth. Their attendance was formerly en-
forced on all occasions, but they are now summoned by a
special order, when their advice is required.4

The chief officers of the upper house are—the Clerk of the Lords. the Parliaments, the gentleman usher of the Black Rod, the

clerk assistant, the reading clerk, and the Serjeant-at-arms.
The Clerk of the Parliaments is appointed by the Crown,
by letters patent. On entering office, he makes a decla-
ration, under the Promissory Oaths Act, 1868, at the table,
before the lord chancellor, to make true entries and records
of the things done and passed in the “ Parliaments, and to

i Lords' standing orders Nos.6 and 31 L. J. 586. 606, 26th Jan., 20th 7. Formerly judges of the Courts of March, 1563; West, Inq.48; D'Ewes's King's Bench and Common Pleas, Journal, 99. 143. See ib. 142 for case barons of the Exchequer, the master of Attorney-General and Solicitorof the Rolls, the attorney and General being made a joint comsolicitor-generals, and the king's mittee with the lords. serjeants, were summoned, at the Their place is on the woolsacks. beginning of every Parliament, to The last attendance of the judges be " present in Parliament, with us was during the session of 1897, 129 and with others of our council to L. J. 100. 105, &c. If the Scotch treat and give advice" (Macqueen, judges are called upon to deliver 36, n.). Since the Judicature Act, their opinions, the house orders 1873, all the judges of the High chairs to be placed for the judges Court of Justice and of the Court of below the bar, 25 ib. 99; 46 ib. Appeal have been summoned, Parl, 172. 189. Paper, No. 212 (sess. 1901), p. vii. 5 The masters in ordinary in

? Hale, Hist. of House of Lords; chancery, until the abolition of Introd. to Sugden's Law of Real their offices, attended the House of Property, 2; see also Lord Lynd. Lords, and carried bills and mesburst's speech, 23rd June, 1851, 117 sages to the House of Commons. H. D. 3 s. 1069.

minutes

als.

Chapter keep secret all such matters as shall be treated" therein,
VII.

" and not disclose the same before they shall be published,
but to such as it ought to be disclosed unto."1 The clerk
assistant and the reading clerk are appointed by the lord
chancellor, the appointments being subject to the appro-
bation of the house, and, when appointed, they cannot, under
standing order No. 62, be suspended or removed without
an order of the house. They attend at the table, with the
Clerk, and take minutes of the proceedings, orders, and
judgments of the house. These have been published daily Lords'
since 1824, as the “ Minutes of the Proceedings,” and they and
are printed, in a corrected and enlarged form, as the jour
Lords' Journals, after being examined “by the sub-com-
mittee on the journals.” 3

The gentleman usher of the Black Rod is appointed by Black Rod.
letters patent from the Crown, and he, or his deputy, the
yeoman usher, is sent to desire the attendance of the Com-
mons in the House of Peers, at the opening and proroguing
of Parliament, when the royal assent is given to bills by
the king or the lords commissioners, and on other
occasions. He executes orders for the commitment of
parties guilty of breaches of privilege and contempt, and
assists at the introduction of peers, and other ceremonies.

The Serjeant-at-arms is also appointed by the Crown. SerjeantHe attends the lord chancellor with the mace, and executes at-arms. the orders of the house for the attachment of delinquents, when they are in the country. He is, however, the officer

of the lord chancellor, rather than of the house. Duty of the shorthand writer to the houses of Parliament is Short hand shorthand

writer, eriter is appointed by the Clerk of the Parliaments and by the Lord

1 87 L. J. 44. For the earliest revert to the Clerk of the Parliagrant by letters patent, 2 Henry ments; and that he should promote VI., see Parl. Paper, No. 96 (sess. one of the senior clerks of his de. 1856).

partment, whom he shall consider 2 5 Geo. IV. c. 82, s. 3. Regarding most fit for the post," 2nd report, these appointments, the select com cl. 17 (217), sess. 1889; report conmittee on the office of the Clerk of sidered and agreed to, 15th Aug. the Parliaments made the following 1889, 121 L. J. 403. report: “The committee strongly 3 56 L. J. 369, a; 84 ib. 91 ; recommend that the appointment to Lords' s. 0. 63, at least one of these clerkships should

Commons.

Clerk of the House of Commons, pursuant to a resolution Chapter

VII. agreed to by both houses during the session of 1813. He _ attends at the bar of the House of Lords when persons are committees;

p. 414; on summoned to attend the house, when evidence is tendered election

trials, P. on the second reading of divorce bills, and on peerage 655.' siis cases. He also records the opinions given by the lords of te appeal, when the house sits as a judicial court. The short- court of

laro, p. 431. band writer attends at the bar of the House of Commons when members or other persons are summoned to attend the house, and whenever the Speaker, by order, gives utterance to the opinion of the house; and it is the duty of the shorthand writer on these occasions to record the words uttered by the Speaker, and by the persons who

have been summoned to attend the house. Chief The chief officers of the House of Commons are the Clerk officers of

of the house, the Serjeant-at-arms, the clerk assistant, anıl mons.

Le second clerk assistant. The Clerk of the house is appointed
- Clerk of a
the house. by the Crown, for life, by letters patent, in which he is

styled “ Under Clerk of the Parliaments, to attend upon the
Commons.”? He makes a declaration, under the Promissory
Oaths Act, 1868, before the lord chancellor, on entering
upon his office, " to make true entries, remembrances, and
journals of the things done and passed in the House of
Commons.” He signs the addresses, votes of thanks, orders lin:lorse-
of the house, endorses the bills sent or returned to the clerk
Lords, and reads whatever is required to be read in the ses
house. He is addressed by members, and puts such
questions as are necessary on an election of a Speaker (p.
154), and for the adjournment of the house in case of the
absence of the Speaker (see p. 156). 3 He has the custody
of all records or other documents, and is responsible for

the Com.

ment by

P. 509

1 49 L. J. 449.482; 68 C. J. 497; House of Commons' officers, &c., report of committee, sess. 1833, question 973. See also 48 Parl. Deb. 4 s. 923.

? 2 Hatsell, 255; London Gazette, 1st Oct. 1850, 3rd Feb. 1871, 4th May, 1886, 13th Feb. 1900, 18th Feb. 1902; see also 3 C. J. 54. 57.

For earliest grant of appointment
by letters patent, 1 Edw. IV., see
Parl. Paper, No. 96 (sess. 1856).
First appointment of the clerk as-
sistant, 2C.J.12; of the second clerk
assistant, 58 ib. 7.

3 6th Feb. 1811, 66 ib. 82.

4 1 ib. 306 ; 6 ib. 542; 17 ib. 724, &c.

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Chapter the conduct of the business of the house in the official

__departments under his control. He also assists the Speaker,

and advises members, in regard to questions of order and
the proceedings of the house. The clerks assistant are
appointed by the Crown, under the sign manual, on the
recommendation of the Speaker, and are removable only
upon an address of the House of Commons. They sit at

the table of the house, on the left hand of the Clerk. Botion to A record of the proceedings of the house, entitled “The Votes and alter entry

proceed. in, see p. Votes and Proceedings," made by the clerks at the table, ings, and 301.

is printed and distributed every day (see p. 232). From
these the journal is afterwards prepared, in which the
entries are made at greater length, and with the forms
more distinctly pointed out. These records are confined
to the votes and proceedings of the house, without any
reference to the debates. The earlier volumes of the
journals contain short notes of speeches, which the Clerk
had made, without the authority of the house : but all the
later volumes record nothing but the res geste. It was
formerly the practice for a committee "to survey tlie
Clerk's book every Saturday," and to be entrusted with
a certain discretion in revising the entries : 8 but now the
"votes" are prepared on the responsibility of the Clerk ;
and after “being first perused by Mr. Speaker,” 4 are
printed for the use of members, and for general circulation.
But no person may print them, who is not authorized by
the Speaker.
The Journals of the House of Lords have always been Lords?

Journals.
held to be public records. They were formerly “recorded
every day on rolls of parchment,” and in 1621 it was
ordered that the Journals of the House of Commons “ shall

'19 & 20 Vict. c. 1; Treasury Minute, 1856 (Sess. Paper No. 132).

? They had been printed, with some interruptions, since 1680. A delay of several days formerly took place in the printing and circulation of the "Votes, &c.," until 1817, when their publication, every morning after the sitting to which the

« Votes, &c." related, was established by Mr. John Rickman, clerk assistant.-Mem. Gent's Mag. 1841.

31 C. J. 673. 676. 683. 885 ; 2 ib. 12. 42. For a history of the early journals, see 24 ib. 262.

• Sess. order since 1680, 9 ib. 643.

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