« 이전계속 »
* Papers","ot by an Crown
Chapter Addresses are presented for treaties with foreign powers, for
despatches to and from the governors of colonies, and for
When an address for papers has been presented to the When re-
have not within the immediate reach of an order of the house; as he orders of the House of Commons for addresses have been read, and certain persons who had not made the returns required, have been ordered to make them to the house forthwith. In other cases, however, further addresses have been moved, praying the Crown to give directions that papers be laid before the house forthwith.3
When it is discovered that an address has been ordered Orders disfor papers which should properly have been presented to the house by order, the error is corrected by discharging the order for the address, and ordering that the papers be laid before the house. In the same manner, when a return has been ordered, for which an address ought to have been moved, the order is discharged, and an address is presented instead. Where the order for a return is found not to comprise all the particulars desired, it is usual to discharge the order, and make another in a corrected form. Sometimes, however, without discharging the order, public papers or other particulars have been ordered to be added to the return, or the resolution for an address has been read, and another address ordered for the additional information.? An order has been made that certain particulars specified in
1 Windsor Castle and Buckingham Palace, 19th April, 1826; Greenwich Park, 3rd June, 1850; Marble Arch, 18th March, 1852; Richmond Park, 12th June, 1854; Metropolitan Parks, 28th July, 1854; St. James's Park, 21st April, 1856, and 20th May, 1857. In the latter case the right of the house to order such a return having been ques.
tioned, was conclusively established.
? 90 C. J. 413. 650; 95 ib. 148. 395 ib. 220; 102 ib. 692; 120 ib. 70.
92 ib. 580, &c.
6 110 ib. 56. 230; 116 ib. 99; 117 ib. 337 ; 121 ib. 143 ; 123 ib. 69 ; 126 ib. 330; 127 ib. 277.
: 109 ib. 288.
an order for a return shall be separately stated," while an Chapter
action by specified in the order of the house, has been ruled by Mr. the Lo Speaker to be an irregularity.5
see p. 539. If one house desires any return relating to the business the other or proceedings of the other, neither courtesy nor custom
allows such a return to be ordered: but an arrangement is
to move in the usual manner. Subjects of Returns may be moved for, either by order or address, Documents returns.
relating to any public matter, in which the house or the select-com. Crown has jurisdiction. They may be obtained from all mittees, see
public offices, and from corporations, bodies, or officers Restriction constituted for public purposes, by Acts of Parliament of movine or otherwise : but not from private associations, such as for returns. Lloyd's, for example, 10 nor from individuals not exercising
public functions. The papers and correspondence sought
1 127 C. J. 277.
* 122 ib. 322; 123 ib. 178 (by address).
5 338 H. D. 3 s. 1717.
o 111 ib. 250. 270. 294. In 1856, a notice had been given of a return of fees on private bills in both houses, but on an intimation from the Speaker, the return was con. fined to the House of Commons, 111
C. J. 120.
· 123 ib. 212; 127 ib. 141.
To secure regularity in the form of these returns, it was recommended by the printing committee, 1841, that every member be advised, before he gives notice of a motion for & return, to consult the librarian, Parl. Paper, 1841 (181); see also Report, 17th March, 1857 (122).
10 11 H. D. 271.
Chapter from government departments should be of a public and
official character, and not private or confidential. On the
question of copyright, the order was discharged. The Documents opinions of the law officers of the Crown, given for the debate, see guidance of ministers, in any question of diplomacy or p. 338.
state policy, being included in the class of confidential
But however ample the power of each house to enforce the
If parties neglect to make returns in reasonable time, they Returns are ordered to make them forth with:8 or so much of returns not made. as has not been made. If they continue to withhold them, they are ordered to attend at the bar of the house ; 5 and unless they satisfactorily explain the causes of their neglect, and comply with the order of the house, they will be censured or punished according to the circumstances of the case. A person has been reprimanded by the Lords for having made a return to an order, which he was not required or authorized to make, and for framing it in a form calculated to mislead
the house (see also p. 538).? Effect of a When Parliament is prorogued before a return is pre
sented, the order for the return should be renewed in the i p. 44. 1 139 O. J. 336.
s 75 ib. 404 ; 89 ib. 386 ; 96 ib. · 149 H. D. 3 s. 178.
363. : 90 C. J. 413; 114 ib. 371; 119 • 90 ib. 575; 81 L. J. 134. ib. 291; 121 ib. 475,
? 82 ib. 89. • 131 ib. 354.
ensuing session, as if no order had previously been given ; Chapter
XXI. because a prorogation puts an end to almost every pro- . ceeding pending in Parliament; yet returns are often presented by virtue of addresses in a preceding session, without any renewal of the address, and occasionally in compliance with an order of a former session. Orders have also been made which assume that an order has force from one session to another. For example, returns have been ordered “ to be prepared in order to be laid before the house in the next session;" 8 and orders of a former session have been read, and the papers ordered to be laid before the house forthwith. And the order for an address made by a former Parliament has been read, and the house being informed that certain persons had not made the return, they were ordered forth
with to make a return to the house.5 Papers pre- Besides the modes of obtaining papers by order and by command, address, both houses of Parliament are constantly put in and by Act. possession of documents by command of his Majesty, and
in compliance with Acts of Parliament. Forms ob- Judgment rolls, exhibits, and certified copies of docu
qments relating to appeals, are delivered in at the bar of the presenting
House of Lords, upon oath. Other papers and returns were
lie upon the table : but the more usual practice is to deliver
served in monto wolating to onne
brought up, they are generally ordered to lie upon the table, as a matter of course : but upon the question that they do
1 98 C. J. 428; 103 ib. 579. 775; 104 ib. 239. 284, &c.; 106 ib. 5; 108 ib. 209.
· 99 ib. 301 ; 103 ib. 131 ; 104 ib. 35. 88. 133, &c.; 106 ib. 24; 108 ib. 293 ; 129 ib. 7 ; 135 ib. 126, &c.
378 ib. 472; 80 ib. 631.
By usage, such papers are only to be presented by privy councillors.
Chapter lie upon the table, the mover can found a statement to the
house, and a debate can arise ; 1 though not without objection
tion of his Majesty may be delivered during a parliamentary command recess to the clerk of the parliaments in the case of the pa
during House of Lords and to the librarian in the case of the recess.
, S. 0. 111, House of Commons, and such delivery is to be. deemed i to be the presentation of them to the house. A list of the 8. O. 96,
H. C., papers so delivered is entered in the journal of each house Appendix I. on its re-a ssembling and the order that they do lie upon the table is then made.
In the Lords, if a paper relating to judicial proceedings is sought to be delivered, the person bringing it is called to the bar, sworn, and examined respecting it: but if it be an ordinary paper, he is called in, delivers the paper at the bar, and is directed to withdraw. In the Commons, it was formerly the custom to present papers in this manner: but by resolution 7th April, 1851, accounts and other papers which are laid before the house by Act of
Parliament, or the order of the house, are presented, by See motions the deposit of the papers in the office of the Clerk of the made without notice, house. A minister may move for a return from his own p. 245.
department, without notice, and immediately present it, in compliance with the order which has just been made. Occasionally, blank papers, familiarly known as “dum- “Dum
mies." mies," are presented, instead of the real documents, a practice which the exigencies of public business render necessary: but if used as a colourable compliance with an
18th July, 1857, Sir G. Lewis on an estimate of the cost of the Persian War, 146 H. D. 3 s. 1132; Mr. Lowe, 13th Feb. 1862, and Mr. Bruce, 5th May, 1865, on papers relating to education, 165 ib. 191 ; 178 ib. 1535; Mr. Bruce, 10th Feb. 1873, on the Royal Parks (Rules), 214 H. D. 3 s. 199; Mr. Gladstone, 23rd June, 1884, on Egypt (the proposed con
ference), 289 H. D. 3 s. 1104; and
? 178 ib. 1535.
See debate on the attorneygeneral's motion for copy record (Mr. Davitt), 27th Feb. 1882, 266 H. D. 3 s. 1804; 137 C. J. 75.