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Chapter of a member who had voted with the noes, because, as

director and shareholder in the Cale lonian Railway Com-
pany, he had a direct pecuniary interest in the rejection of
the Glasgow, Dumfries, and Carlisle Railway Bill. Where-
upon he stated that the sole direct interest that he had in
the Caledonian Railway was as holder of twenty shares, to
qualify him to be a director in that undertaking; and that
he voted against the Glasgow, &c., Railway, conceiving it
to be in direct competition with the Caledonian Railway, as
decided by the legislature in the last session. A question
for disallowing his vote, on the ground of direct pecuniary
interest, was negatived. On the 9th March, 1886, objec-
tion was taken to the votes of two members given in favour
of committing the Manchester Ship Canal Bill to a select
committee on the ground that, as directors of the London
and North Western Railway Company, the receipts and
dividends of which might be affected by the construction
of the canal, they were pecuniarily interested in the matter.
The motion for disallowing their votes was negatived.?
An objection to a vote, on the ground of personal interest, Motions to

v, disallow
cannot be raised or mooted except upon a substantive votes.
motion, that the vote given in a division be disallowed, on
the principle affirmed upon p. 278, and cannot be brought
forward as a point of order. An objection on the
same ground against a vote given in committee of the
whole house must be determined by the committee upon a
motion made therein, that the vote be disallowed, and a
motion to report progress, in order to bring such an objec-
tion before the house, has not been permitted. The member

i 101 C. J. 873.

votes be disallowed, given in thə 2 141 ib. 83.

committee of supply, on the 4th 3 285 H. D. 3 s. 1222; 4th March, March, 1892, was made in the com1892, 2 Parl. Deb. 4 s. 90. A motion mittee on the 11th March, 147 C. J. for a committee to inquire into the 98. It was ruled by the Speaker legality of votes given in a division that, on a motion for the reduction has also been held to be out of order, of a salary, for the purpose of con92 Parl Deb. 4 s. 419.

sidering the official conduct of the 4 17th June, 1890, 345 H. D. 3 s. holder thereof, his vote against the 1232–1235. Owing to the interrup- motion was in order, 25th March, tion of business at ten minutes to 1889, 334 H. D. 3 s. 732. seven o'clock, a motion that certain

bill com

mittees.

whose vote is under consideration on the ground of personal Chapter

XIII. interest, having been heard in his place, should withdraw immediately, and before the question founded thereon has

been proposed. In private The principle of the rule which disqualifies an interested Personal

interest in member from voting, must always have been intended to a cote given

dit in a stand-
apply as well to committees as to the house itself: but it ing.com
is undeniable that a contrary practice had very generally mittee, se
obtained in committees upon private bills, although it was
not brought directly under the notice of the house until
the 21st June, 1844, when the Middle Level Drainage Bill
committee instructed their chairman to report that a
member “had received an intimation that he ought not to
vote on questions arising thereon, by reason of his interest
in the said bill ;” and desired the decision of the house
upon the following question: “Whether a member, having
property within the limits of an improvement bill, which
property may be affected by the passing of the bill, has
such an interest as dis qualifies him from voting thereon.”

The reply the house made to the application from the
committee was an instruction thereto, “ That the rule of this
house relating to the vote, upon any question in the house,
of a member having an interest in the matter upon which
the vote is given, applies likewise to any vote of a member
so interested, in a committee." 2 Since that time, com- Reference
mittees on opposed private bills are constituted so as to Custom
exclude members locally or personally interested; and in committees

*** other than committees on unopposed bills, such members are not en- private bill

committees, titled to vote (see p. 747). And a member of a committee see p. 405. on an opposed private bill, or group of bills, will be dis- Chairman

of ways charged from further attendance, if it be discovered, after and mans his appointment, that he has a direct pecuniary interest in interests the bills, or one of them (see p. 756).3

see p. 747, Member But though a member interested is disqualified from

| voting, he is not restrained, by any existing rule of the pose motion

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interested may pro

3 101 C. J. 904; 104 ib. 357 ; 115 189; 141 ib. 83.

ib. 218; N. E. Railway (Hull Docks) 77 H. D. 3 s. 16.

Bill, 27th June, 1892, 147 ib. 398.

or amend ment.

138 ib.

Chapter house, from proposing a motion or amendment. On the
XIII.

26th July, 1859, Mr. Whalley moved an amendment to a
clause added by the Lords to a railway bill, in which he
admitted that he was personally interested. In the debate,
exception was taken to such an amendment having been
proposed by a member having a pecuniary interest: but
the Speaker ruled that, though it was a well-known rule of
the house, that a member under such circumstances could
not be permitted to vote, and though the course adopted
was certainly most unusual, yet there was no rule by which
the right of a member to make a motion was restrained, and
he had been given to understand that Mr. Whalley did not
intend to vote. On the 15th June, 1904, Mr. Kerr formally
moved the committal, to a joint committee, of the Leith
Corporation Tramways Order Confirmation Bill without
objection being taken to his action, although his personal
interest in the bill was stated to the house. He did not
vote in the subsequent division. Objections that a member
alleged to be personally interested could not give a notice
of opposition to a bill, and that a member, who moved an
instruction to a committee on a private bill, was a member
of a corporation which petitioned against the bill, were
overruled by the Speaker.3

The law of Parliament regarding the acceptance of bribes Ofer of
or pecuniary rewards for parliamentary services, has been ones.
explained elsewhere (see p. 84).
Disallowance of a vote on the score of personal interest Personal

ne interest is restricted to cases of pecuniary interest, and has not pot been extended to those occasions when the dictates of self- niary. respect, and of respect due to the house, might demand that a member should refrain from taking part in a division. 1 155 H. D. 3 s. 459.

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was for the house to consider what 2 136 Parl. Deb. 4 s. 212.

should be done with regard to Mr. 3 263 H. D. 3 s. 1477; 287 ib. 875. Bradlaugh's vote; on the second

See statement by the Speaker, occasion, his vote was disallowed, 18th March, 1864, 174 H. D. 3 s. 340. because he was not a member of the For cases of members who voted house. See also division lists, sess. against the motion for their suspen. 1887, Nos. 91. 481. 483 ; sess. 1890, sion, see Mr. Bradlaugh's votes, No. 16. For the rule regarding the 22nd Feb. 1882, 137 C. J. 61 ; 11th vote of rival candidates for the Feb. 1884, 139 ib. 41. On the first Speakership (see p. 155). occasion, the Speaker stated that it

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COMMITTEES OF THE WHOLE HOUSE: AND STANDING Table of

Contents, COMMITTEES.

see Intro

duction. Mode of A COMMITTEE of the whole house is, in fact, the house itself, appoint. ment.

presided over by a chairman instead of by the Speaker. It
is appointed in the Lords by an order, “That the house be
put into a committee,” which is followed by an adjournment Committees

it is on bills, see of the house during pleasure. In the Commons it is on

15 p. 477. appointed by a resolution, that the house will immediately

-or on a future day—resolve itself into a committee of the S. 0.51, , whole house. Under standing order No. 51, whenever an Appendix I. order of the day is read for the house to resolve itself into Amend

ments on committee, not being a committee to consider a message going into from the Crown (see p. 446), or the committee of supply com

Y see p. 608. (see p. 608), or the committee on the East India Revenue Accounts (see p. 598), the Speaker leaves the chair without putting any question, unless notice of an instruction to the committee has been given, when such instruction is Instruc

tions, see first disposed of. The mace is then removed from the p. 478. table, and placed under it, and the committee commences

its sitting.
Chairman The chair is taken, in the Lords, by the chairman of com-
of Lords'

mittees, who is appointed by a resolution of the house.2
Pursuant to standing orders Nos. 41 and 42, he takes the
chair in all committees of the whole house, and in all
committees upon private bills, unless where it shall have
been otherwise directed by the house; and if he, or any
lord appointed by the house in his place, shall be absent
(unless by leare of the committee), the house is resumed.

committee

1 If the member who has given notice of an instruction be not present when the order of the day is read, the Speaker leaves the chair forthwith, Elector's Qualification

Bill, 26th May, 1892.

42 L. J. 636. 653; 10th May, 1886, 118 L. J. 180; Lords Minutes, 16th Feb. 1905.

Commons.

means, p. 603.

Nor can the committee proceed to business unless a chair-
Chapter
XIV. man is appointed by the house. But another chairman is

usually appointed before the house goes into committee, or

for the whole day." See ap In the Commons the chair (at the table) is generally Chairman pointment

of comof chair.

taken by the chairman of the committee of ways and mittees man of

Die in the means, or in his absence by the deputy chairman. Dif- Con rays and

ference in a committee concerning the election of a chair.
man is determined by the house itself.

In the absence of the chairman of ways and means, and
of the deputy chairman, the chair of a committee of the
house is usually taken by a member, on the suggestion of
a member of the government, or otherwise, without ques-
tion on the part of the house; though in such a case pre-
ference is given to one of those five members whom, in
pursuance of the provision contained in standing order Temporary

chairmen. No. 1, the Speaker nominates at the commencement of

every session to act as temporary chairman of committees, $. 0. 1, Suspension when requested to do so by the chairman of ways and appen enforceable by tempo- means. During prolonged sittings of a committee it has Occasional

chairmen. in also been customary for the chairman to withdraw, and to men, see p. 341; also be replaced by another member, without any question.3 8. 0. 20, see p. 350. Closure in committee is enforceable only under the chairman of ways and means, or under the deputy chairman S. 0.81,

Appendix I. when the unavoidable absence of the chairman of ways and means has been announced.

The proceedings in committee are conducted in the same Conduct of manner as when the house is sitting. In the Lords, a peer addresses himself to their lordships, as at other times; in the Commons, a member addresses the chairman, who

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business,

1 80 L. J. 125. 406; 81 ib. 233; 88 ib. 38; 95 ib. 106; 103 ib. 12. For cases in which peers have been appointed to act as chairman of committees, in the absence of the chairman from illness, see 103 L. J. 15; 106 ib. 77 ; 120 ib. 180; 136 ib. 33.

? This usage began in 1841. Un. til that time the chair of committees

of the whole house was taken by
a member appointed by the call of
the committee, or, if the call was
disputed, by the vote of the house,
59 H. D. 3 s. 606.

3 132 C. J. 395; 137 ib. 322, &c.
Also in cases when the chairman
leaves the chair temporarily, 142
Parl. Deb. 4. s. 262.

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