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XX.

Petitions

for production of evidence, see p. 431.

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Chapter conduct of Parliament,1 or the courts of justice, or other tribunal, or constituted authority; and if objection be taken to a petition upon such a ground, the petition should be read at the table.5 On the 2nd March, 1822, a petition from Newcastle, imputing notorious corruption to the House of Commons, was, on a division, not received; 6 and a motion having been made that a petition alleging that members of Parliament had taken a bribe, do lie upon the table, the motion was withdrawn. On the 2nd August, 1832, a petition threatening to resist the law, was not allowed to lie upon the table. In 1838, a petition containing disrespectful language towards the other house of Parliament was withdrawn.8 In 1840, a petition from J. J. Stockdale was rejected, as containing an intentional and deliberate insult to the house. On the 28th March, 1848, a petition having been brought up and read, objection was taken to a paragraph praying for the abolition of the House of Lords, on the ground that it prayed for a fundamental alteration of the institutions of the country: but the objection, after debate, was not pressed, and the petition, being otherwise temperately expressed, was ordered to lie upon the table.10 On the 3rd May, 1867, a petition in favour of certain Fenian prisoners, expressed in strong but guarded language, was allowed to lie upon the table; and a motion afterwards made for discharging that order was not supported by the house.11 On the 8th June, 1874, notice being taken that a petition contained offensive imputations upon the conduct of the Public Petitions committee, it was ordered to be withdrawn.12 On the 3rd July, 1874, notice being taken that a petition contained

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XX.

imputations upon the conduct of certain judges, and state- Chapter ments affecting the social and legal position of individuals, it was ordered to be withdrawn, and the printed copies to be cancelled. On the 12th April, 1875, the petitions committee reported that a petition from Prittlewell contained offensive imputations upon the lord chief justice and two of the judges of the Court of Queen's Bench, and reflected, in an unbecoming manner, upon the Speaker and the proceedings of the house; and on the 15th April, the order for the petition to lie upon the table was, after discussion, read and discharged.2 A petition may not allude to debates in either house of Parliament, nor to intended motions, if merely announced in debate: but when notices have been formally given, and printed on the notice paper, S. O. 80, petitions referring to them are received. And by standing For proAppendix I. order No 80, the usage under which the house refused to petitions entertain petitions against a resolution or bill imposing a ring for public tax or duty for the service of the year, was discontinued. In money, &c., the Lords, a petition relating to a bill before the Commons, but which has not yet reached the house, or which has been already thrown out, will not be received.

Petition from

person

On the 18th June, 1849, a petition was offered from W. S. O'Brien and others, attainted of treason, praying to attainted. be heard by counsel against the Transportation for Treason (Ireland) Bill. It was objected that no petition could be received from persons civilly dead: but the house, after debate, agreed, under the peculiar and exceptional circumstances of the case, to receive the petition. The petitioners' sentence of death had been commuted to transportation; they had denied the legal power of the lord-lieutenant to transport them, and the bill against which they had petitioned was introduced in order to remove doubts upon the question which they had raised. It was, in fact, a bill to declare the legality of a sentence which they maintained to be contrary to law. Before the introduction of a bill, a i C. J. 276.

2 130 ib. 134. 145.

3 77 ib. 150; 82 ib. 604; 91 ib. 616; 97 ib. 259; 103 ib. 406. 633; 105

ib. 160; 19th Feb. 1851 (Window
Tax), 109 ib. 160.

+ 85 ib. 107; 63 H. D. 3 s. 192;
114 ib. 820.

cedure on

see p. 563.

Chapter petition from W. S. O'Brien, upon the subject of his sentence, had been already received by the house.1

ΧΧ.

bility of members for the

nature of petitions,

see p. 531.

from

Petitions from British subjects resident abroad as well as Petitions petitions from inhabitants of British colonies having local abroad. parliaments have always been received; and also those of foreigners resident in this country. Petitions have also been occasionally received from foreigners not within British jurisdiction: but on the 7th April, 1876, a petition from inhabitants of Boulogne-sur-Mer, several of whom appeared to be British subjects, being offered, a committee appointed to consider the matter, did not advise its reception.2

members in

tation of

petitions.

3. Petitions are to be presented by a member of the house Duty of to which they are addressed, but, as has been already the presenstated, a member cannot be compelled to present a petition (see p. 86). A member, who presents a petition, must, pursuant to the order of the house, affix his name at the Responsi- beginning thereof. On the 6th April, 1876, notice being taken that a member's name had been affixed to a petition without his authority, the petition was ordered to be withdrawn ; and it has been ruled that the member's name should be signed by his own hand, and that it is irregular to authorize another person to affix it. But petitions from the corporation of London are presented to the House of Commons by the sheriffs, at the bar 6 (being introduced by the Serjeant with the mace), or by one sheriff only, if the other be a member of the house, or unavoidably absent." In 1840, both the sheriffs being in the custody of the Serjeant-at-arms, petitions from the corporation of London were presented at the bar by the lord mayor, an alderman, and several of the common council; by the lord mayor,

1106 H. D. 3 s. 389.

2 131 C. J. 181. 200; Rep. of Com. 228 H. D. 3 s. 1411.

3140 C. J. 11; see also resolu-
tions, 20th March, 1833, and 9th
May, 1844, 88 ib. 190; 74 H. D. 3 s.
714; 99 C. J. 284.

4 131 ib. 141; 228 H. D. 3 s. 1320.
5229 ib. 586.

On the 17th April, 1690, a ques-
tion for admitting the sheriffs was
negatived, on division, 5 Parl. Hist.
586.

MS. Officers and Usages of the
House of Commons, p. 46.

$ 90 C. J. 506; 103 ib. 123. 331.
731; 136 ib. 248.

975 ib. 213; 94 ib. 432.

XX.

aldermen, and commons; and by two aldermen, and Chapter several members of the common council.1 Under a privilege conceded in the year 1813, petitions from the corporation of Dublin may be presented in the same manner, by their lord mayor. If the lord mayor should be a member, he must present the petition, in his place as a member, and not at the bar.3 Lord Cochrane proposed to extend this privilege to the Lord Provost of Edinburgh, but his amendment was lost, Mr. Tierney remarking "that the Scotch were generally thought a prudent people, and the corporation of Edinburgh would know better than to send their provost four hundred miles to present a petition."4 Presenta- A peer or member may petition the house to which he belongs but if a member desires to have a petition from himself presented to the house, he should entrust it to some other member, as he will not be permitted to present it himself. This rule, however, does not extend to cases in which a member presents a petition signed by himself in his representative capacity as chairman of a county council or of any public incorporated body. A member who has not taken the oath or affirmation cannot present a petition. Petitions are not received on the first day of a session, when the King's Speech is delivered (see p. 174).7

tion of a

petition from a

member.

195 C. J. 43. 82. 198.

2 By resolution, 23rd Feb. 1813, 68 ib. 209; 24 H. D. 698; 124 C. J. 85; 134 ib. 269; 137 ib. 288; 143 ib. 109; 144 ib. 183.

3 On the 1st July, 1850, a petition from the corporation of Dublin was presented by the lord mayor in his place as a member (wearing his robes). The officers of the corporation, in their robes, were allowed seats below the bar: but having brought the mace into the house, they were desired by the Serjeant to remove it, MS. note. So again Friday, 14th March, 1851, 6th Feb. 1880, and on several other occasions. MS. Officers and Usages of the House of Commons, p. 46.

4 68 C. J. 209; 24 H. D. 698. 705.

5 So ruled by Mr. Speaker, 30th Aug. 1841 (Sir Valentine Blake), 59 H. D. 3 s. 476; 30th April, 1846 (Sir J. Graham), and 9th July, 1850 (Mr. F. O'Connor).

• Objection was taken, in March, 1881, to the presentation of a petition by Mr. Bradlaugh, the High Court of Justice having adjudged that the making an affirmation had not qualified him to sit and vote: but notice of appeal having been given, it was allowed, 259 H. D. 3 s. 892. On the 22nd June, 1882, he was informed by Mr. Speaker that he could not present a petition until he had taken the oath, 137 C. J. 295.

In Feb. 1880, the Lord Mayor of Dublin had arranged to present a petition on the day of meeting, but

Chapter
XX.

actions brought

against members

for the ob

servance of this duty,

sion by post.

To facilitate the presentation of petitions, they may be Transmistransmitted through the post-office, to members of either house, free of postage, provided they be sent without covers, or in covers open at the sides, and do not exceed 32 ounces in weight.

by mem

not re

and re

In both houses it is the duty of members to read petitions To be read which are sent to them, before they are presented, lest any bers. violation of the rules of the house should be apparent on the face of them; in which case it is their duty not to offer Regarding them to the house. If the Speaker observes, or any member Petitions takes notice of, any irregularity, the member having charge ceived, of the petition does not bring it up, but returns it to the withdrawn petitioners. If any irregularity escapes detection at this jected. time, but is discovered when the petition is further examined, no entry of its presentation appears in the votes. In other cases more formal notice is taken of the violation of the rules of the house, and the petitions are not received; 1 or are ordered to be withdrawn,2 or are rejected. A member who has reason to believe that the signatures to a petition are genuine, is justified in presenting it, although doubts may have been raised as to their authenticity: but in such cases the attention of the house should be directed to the circumstance.4

see p. 86.

tion of

Up to this point the practice of the Lords and Commons Presentais similar but the forms observed in presenting petitions petitions. differ so much, that it will be necessary to describe them separately. On the 1st May, 1868, it was ordered, "That the name of the lord presenting a petition shall be entered thereon." It was ordered by the Lords, 30th May, 1685, Lords. "That any lord who presents a petition, shall open it before it be read." At the same time, the lord may comment upon the petition, and upon the general matters to which it refers; and debate thereon may ensue: but a lord who

on receiving an intimation of the
practice, he postponed the ceremony
until the next day.

196 C. J. 159; 104 ib. 154; 105 ib.
160; 109 ib. 160; 111 ib. 102.

293 ib. 236; 100 ib. 335; 103 ib.

633; 116 ib. 364 (as containing libel-
lous charges against a member of
the house and other parties).

95 ib. 193; 122 ib. 345.
4117 H. D. 3 s. 399.

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