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the member might return to the house whilst a rejoinder Chapter
XII. was made to his explanation, the Speaker sanctioned the return of the member to his place, until the consideration of the member's conduct was commenced by the house. And when doubt has arisen in debate in regard to a member's explanation of his conduct, he has been recalled and allowed to submit a further explanation to the house, after which he has again withdrawn. Similarly on the Speaker's suggestion a member who had been directed to withdraw during the consideration of a letter written by him reflecting on the Speaker's conduct has been recalled to afford him an opportunity of making an apology to the house after his letter has been resolved to be a breach of
privilege.3 Petitions on the 17th May, 1849, petitions were presented comcomplain.
· plainingof the conduct of three members, as railway directors.
The members were permitted to explain and defend their
immediately to his seat.
but the debate upon the consequent motion for his commit-
| 21st July, 1887, 317 H. D. 3 s. 1633-1638.
? 21st Dec. 1893, 148 C. J. 631. 3 7th July, 1893, 148 ib. 417.
Chapter declared to be in contempt, although his punishment was
not yet determined upon. On the 30th, a request was made, through a member, that he should be heard in his place: but this was regarded as clearly irregular, and he was not permitted to be heard. But a member not yet adjudged guilty of contempt may return to his place, when debate on his conduct has been adjourned.?
1 85 H. D. 3 s, 1198. 1291.
Table of Contents,
see IntroMembers In both houses, any member who desires to vote is required duction. not present when ques- to be present in the house when the question is put from the Sce
Appendix chair the first or second time (see, p. 287). If not within vi. the folding-doors of the house when the question is put The roice, from the chair, he is not entitled to vote ; and the follow- rote, see p. ing precedents will explain the various circumstances under
which this rule has been applied.
of the house to his having, at the previous sitting, caused
On the 3rd May, 1819, after the numbers had been reported
On the 14th June, 1836, the house was informed by a member who had voted with the majority on a former day, that he was not in the house when the question was put, and had therefore no right to vote on that occasion; and it was resolved that his vote should be disallowed.
On the 5th July, 1855, the chairman of the committee on the Tenants’ Improvements (Ireland) Bill, on reporting 1 76 C. J. 172.
3 91 ib. 475. ? 74 ib. 393 ; also 80 ib. 483.
Chapter progress, stated that, on a division in committee, when the
numbers were reported at the table by the tellers, his attention
members; any member not wishing to leave the house or to See also
vote, is at liberty to retire to the rooms beyond the lobby."
chairman, “ that the vote of any member not present when
In accordance with this rule, members who were in the
vote. Time, &c., These precedents show that at whatever time it may be of dealing
discovered that members were not present when the ques
etion was put, whether during the division, before the p. 363.
numbers are reported, or after they are declared, or even
Appendix I. been required to withdraw from below the bar ;4 and in the Lords, under resolution 10th March, 1857, and standing
error in d division, see
1 110 C. J. 352; 139 H. D. 3 s. 486.
2 111 O. J. 47; 141 ib. 242 ; 142 ib. 186.
3 65 L. J. 481 (Local Jurisdiction Bill, 1833) ; 179 H. D. 3 s. 739.
"The direction given by standing order No. 90, for the withdrawal of strangers from the front gallery, is not enforced.
to a division.
order No. 32, strangers have not been required to with. Chapter
interfere with the division." Proceed- The Speaker, directly the debate is closed, puts the Division ings prior
challenged, question, and when the voices are taken, gives the order see p. 287. that "strangers must withdraw." One of the clerks at the
table then turns a two-minute sand-glass, pursuant to stand8. 0.28, ing order No. 28, and, while the sand is running, the doorAppendix I.
keepers set in motion the “division bells” in every part of
the sand has run out, the Speaker, pursuant to standing 8. O. 29, order No. 29, so soon as he shall think proper to direct Appendixl.
that the doors be closed, cries, “order, order," and imme-
time and the division has commenced.? Question When the doors are closed, the Speaker again puts the Divisions twice put.
frivolously question, and the ayes and noes respectively declare them- claimed, S. 0.28,, selves. By standing order No. 28, the Speaker is obliged se Appendix).
to put the question twice, because the sand-glass is not
tice regardvote unless the question were again put; and therefore the ing di question is put a second time after the doors are closed, in vis
"moment for order that the whole house, having had notice of a division, interrup
tion of busic may be able to decide upon the question when put by the ness, see p.
1 In the Irish Parliament, stran gers were permitted to be present during a division; see 1 Sir J. Barrington, Personal Sketches, 195.
? On the 16th June, 1857, a peer remained in one of the division
lobbies until after the doors had been locked; and the Serjeant was directed to let him out, without making any report; see also 1 Lord Colchester's Diary, 519.