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11.

Act, Parliament met on a Sunday, 8th March, 1701, on the Chapter
death of William III. ; ? and has since met three times, on
similar occasions, on Sunday. By the 37 Geo. III. c. 127,
in case of the demise of the Crown after the dissolution or
expiration of a Parliament, and before the day appointed
by the writs of summons for assembling a new Parliament,
the last preceding Parliament is immediately to convene
and sit at Westminster, and be a Parliament for six months,
subject in the mean time to prorogation or dissolution. In
the event of another demise of the Crown during this in-
terval of six months, before the dissolution of the Parlia-
ment thus revived, or before the meeting of a new
Parliament, it is to convene again and sit immediately,
as before, and to be a Parliament for six months from the
date of such demise, subject, in the same manner, to be
prorogued or dissolved. If the demise of the Crown should
occur on the day appointed by the writs of summons for
the assembling of a new Parliament, or after that day and
before it has met and sat, the new Parliament is imme-
diately to convene and sit, and be a Parliament for six
months, as in the preceding cases. This statute, however,
needs revision in reference to the provisions of the Reform
Act of 1867 concerning the demise of the Crown (see p. 48).

As the king appoints the time and place of meeting, so King's
also at the commencement of every session he declares to
both houses the causes of summons, by a speech delivered
to them in the House of Lords by himself in person, or by
commissioners appointed by him. Until he has done this,
neither house can proceed with any business : but the causes
of summons, as declared from the throne, do not bind Par-
liament to consider them alone, nor to proceed at once to
the consideration of any of them (see p. 147).

On two occasions, during the illness of George III., the name and authority of the Crown were used for the purpose

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| 13 C. J. 782.

· Queen Anne, 18 ib. 3; Geo. II., 28 ib. 929. 933; Geo. III., 75 ib. 82. 89. For other occasions of the

demise of the Crown, see 20 ib. 866 (Geo. I.); 85 ib. 589 (Geo. IV.) ; 92 ib. 490 (Will. IV.); 156 ib. 5 (Queen Victoria).

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Chapter of opening the Parliament, when the sovereign was person

_ally incapable of exercising his constitutional functions.
On the first occasion, Parliament had been prorogued till
the 20th November, 1788, then to meet for the despatch
of business. When Parliament assembled on that day, the
king was under the care of his physicians, and unable to
open Parliament, and declare the causes of summons. Both
houses, however, proceeded to consider the measures neces-
sary for a regency; and on the 3rd February, 1789, Parlia-
ment was opened by a commission, to which the great seal
had been affixed by the lord chancellor, without the authority
of the king. Again, in 1810, Parliament stood prorogued
till the 1st November, and met at a time when the king was
incapable of issuing a commission. His illness continued,
and on the 15th January, without any personal exercise of
authority by the king, Parliament was formally opened, and
the causes of summons declared in virtue of a commission
under the great seal, and “in his Majesty's name." 1

It may here be incidentally remarked, that the Crown has
also an important privilege in regard to the deliberations
of both houses. The Speaker of the Lords is the lord high
chancellor or lord keeper of the great seal,-an officer more
closely connected with the Crown than any other in the
state; and even the Speaker of the Commons, though
elected by them, is submitted to the approval of the
Crown (see p. 156).
Parliament, it has been seen, can only commence its Proroga.

tion and deliberations at the time appointed by the king; neither adjourn

can it continue them any longer than he pleases. He
Proroga- may prorogue Parliament by having his command signified,
tim and
appropria. in his presence, by the lord chancellor or Speaker of the
plics, see p.

House of Lords, to both houses; by commission, or by
551.

proclamation. Prior to 1867, the prorogation of Parliament
from the day to which it stood summoned or prorogued to
any further day, was effected by a writ or commission under
the great seal: but by the 30 & 31 Vict. c. 81, the royal

nent.

For a full statement of these proceedings, see May, Const. Hist. i. 175195 (7th ed.).

proroga

proclamation alone prorogues the Parliament, except at the Chapter

close of a session. The effect of a prorogation is at once to Effect of a suspend all business until Parliament shall be summoned For proro

gation at tion. | again. Not only are the sittings of Parliament at an end, the close of

but all proceedings pending at the time are quashed, except see p. 207.
impeachments by the Commons, and appeals before the
House of Lords. Every bill must therefore be renewed
after a prorogation, as if it had never been introduced.
William III. prorogued Parliament from/ the 21st to the
23rd October, 1689, in order to renew the Bill of Rights,
concerning which a difference had arisen between the two
houses, that was fatal to its progress. As it is a rule that
a bill of the same substance cannot be passed in either
| house twice in the same session, a prorogation has been
resorted to on three occasions to enable another bill to be
brought in (see p. 308).

When Parliament stands prorogued to a certain day,
Meeting of the king may, by Act 37 Geo. III. c. 127, amended by
Parliament
accelerated 33 & 34 Vict. c. 81, issue a proclamation, giving notice of

his intention that Parliament shall meet for the despatch mation.

of business on an earlier day, not less than six days from
the date of the proclamation ; and Parliament then stands
prorogued to that day, notwithstanding the previous proro-
gation. Pursuant to the first of these Acts, Parliament was
assembled in September, 1799 ; 3 and again on the 12th
December, 1854, Parliament then standing prorogued to the
14th; and, in 1857, in consequence of the suspension of
the Bank Act of 1844, a proclamation was issued on the
16th November, assembling Parliament on the 3rd
December. In 1900 the new Parliament which had been
prorogued from the 1st November, the day for which it
had been summoned, to the 10th December was summoned

12 Hatsell, 335. See also statute 45 Geo. III. c. 117, to continue proceedings in the House of Lords against Mr. Justice Fox over the prorogation. By 1 Geo. IV. c. 101, an Indian divorce bill is, in cer tain cases, excepted from this rule, see Chapter XXIX. See also an

exception regarding documents laid
before Parliament, p. 554; appeals
(House of Lords), p. 51; proceed.
ings in certain cases on private bills,
see Chapter XXIX., and on a public
bill, p. 309.

: 10 C. J. 271.
3 54 ib. 745; 55 ib. 3.

tion

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Chapter to meet for the despatch of business on the 3rd December by a proclamation dated the 26th November.1 Parliament, Meeting of

Parliament notwithstanding a proclamation having been issued for its defens meeting, can also, under Acts 30 & 31 Vict. c. 81, and 33 & 34 Vict. c. 81, be further prorogued, by proclamation, from the day to which it stands prorogued, to meet for despatch of business upon a further day not less than six days from the date of the proclamation. Thus, Parliament, which stood prorogued to the 30th November, 1878, was further prorogued, on the 27th, to the 5th December, on account of the Afghan war, and again, in consequence of a change in the Ministry, from the 13th to the 27th

January, 1887, by proclamation dated 31st December, See also 1886.2 Other Acts 8 have provided that whenever the Proclamaroyal mes

Crown shall cause the militia to be embodied, or the army (Army Re446, 555.

reserve or militia reserve to be called out on permanent Militia).
service when Parliament stands prorogued or adjourned
for more than ten days, the king shall issue a procla-
mation for the meeting of Parliament within ten days.
Accordingly, on the 7th October, 1899, Parliament, which
stood prorogued till the 27th October, was summoned by
proclamation to meet on the 17th October. 4
When the king, by the advice of his privy council, has Proclama-

tion prior
determined upon the prorogation of Parliament, a proclama- to proroga-
tion is issued, declaring that on a certain day Parliament
will be prorogued until a day mentioned; and when it is
intended that Parliament shall meet on that day, for
despatch of business, the proclamation states that Parlia-
ment will then “assemble and be holden for the despatch Meeting

for deof divers urgent and important affairs.” It was formerly spatch of customary to give forty days' notice, by proclamation, of a meeting of Parliament for despatch of business : 5 but under

tion.

business.

1 155 C. J. 404. ? 142 ib. 2.

3 45 & 46 Vict. c. 48, s. 13, and ib. c. 49, s. 19.

* 154 C. J. 428. See also 47 C. J. 1092 for proclamation under 26 Geo. III. c. 107, s. 97, dated 1st

December, 1792, summoning Parlia-
ment which stood prorogued till the
3rd January, 1793, to meet on the
13th December, 1792.

52 Hatsell, 230; 3 Chatham
Corr., 126. n.

I.

the 37 Geo. III. c. 127, amended by 33 & 34 Vict. c. 81, Chapter
Parliament can be assembled for that purpose upon any day
not being less than six days from the date of the procla-
mation. In December, 1877, Parliament having been
recently prorogued to Thursday, 17th January (not for
despatch of business), a further proclamation was issued on
the 22nd December, declaring the royal will and pleasure
that Parliament should assemble on the said 17th January
for despatch of business.

When Parliament has been dissolved and summoned for
à certain day, or when it has been prorogued by com-
mission to a certain day, it meets on that day for despatch
of business, if not previously prorogued, without any pro-
clamation for that purpose, the notice of such meeting
being comprised in the proclamation of the dissolution,
and the writs then issued, or in the commission for pro-

roguing Parliament respectively.
Adjourn- | Adjournment is solely in the power of each house respec-

tively: though the pleasure of the Crown has occasionally
been signified in person, by message, commission, or procla-
mation, that both houses should adjourn; and in some cases
such adjournments have scarcely differed from proroga-
tions. But although no instance has occurred in which Adjourn-

ments and
either house has refused to adjourn, the communication the Appro-
might be disregarded. Business has been transacted after
the king's desire has been made known; and the question 596,
for adjournment has afterwards been put, in the ordinary
manner, and determined after debate, amendment, and
division. Such interference on the part of the Crown is
impolitic, as it may meet with opposition, and unnecessary,
as ministers need only assign a sufficient cause for adjourn-
ment, when each house could adjourn, of its own accord,
and for any period, however extended, which the occasion
may require.3 The pleasure of the Crown was last signified

ment.

ton

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1 Adjournment by royal commis. sion, 1621; 1 C. J. 639; 9 ib. 158; 2 Rapin's Hist. 205.

? 2 Hatsell, 312, 316, 317; 1 C. J. 807. 808. 809; 10 ib. 694; 17 ib. 26.

275. In 1799, 55 ib. 49; 34 Parl. Hist. 1196; Lord Colchester's Diary, i. 192.

3 In 1785 there was an adjournment from the 2nd August to the

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