Chapter before the question, "That the house doth agree with the ΧΧΙΙ. committee in the said resolution," is proposed, after the Part IV. resolution has been read a second time, affords the occasion for the proposal of a reduction of the sum specified in the resolution,1 as no amendment can be moved after the proposal of the question, that the house agrees with the committee in a resolution. Examples are to be found upon the journal of general debate upon the question for the second reading of resolutions of these committees, and of the proposal of amendments to that question, and also to the concluding question that the house agrees with a resolution. According to existing practice, procedure upon a report of the grants made by the committees of supply and ways and means consists of debate strictly relevant to each resolution, as it is separately submitted to the house, raised either on the grant itself, or on an amendment proposing a reduction thereof, no other form of amendment being in order,5 or when the final question that the house agrees with a resolution is proposed from the chair, though to that question no amendment can be moved. An amendment to the question that the resolutions be now read a second time, must be relevant to a matter contained in the resolutions that await a second reading; and on that question general observations are permissible. The method of providing money for the

1 150 Parl. Deb. 4 s. 287.

2 26th April, 1847, Education, 102 C. J. 415; 25th July, 1854, Vote of Credit, Lord Dudley Stuart's amendment for an address praying that Parliament might not be prorogued until the house had received more full information as to our foreign relations, 135 H. D. 3 s. 716; 109 C. J. 437; 10th March, 1857, Expenditure of the State, 112 ib. 94; American Prize Courts, 1863, 118 ib. 322; 127 ib. 120; 129 ib. 263. Two instances exist, 20th Dec. 1796, and 1st July, 1823, 52 C. J. 220; 73 ib. 443, of amendments whereby it was sought to attach a condition to a grant upon the report of the resolu

tions: but the rule forbidding such an amendment, in force in committee, is equally applicable upon the report stage of a grant.

3178 H. D. 3 s. 360; 25th March, 1889, 334 ib. 771; 91 Parl. Deb. 4 s. 1130; 119 ib. 1488 et seq.; 133 ib. 1339. 1355; 134 ib. 346; 137 ib. 212. * 103 C. J. 790; 114 ib. 92; 125 ib. 157. 338; 135 ib. 367, 372. 375; 143 ib. 473; 144 ib. 213. 445. Amendment proposed to proposed amendment, 76 ib. 487.

* 17th March, 1892, 2 Parl. Deb. 4 s. 1172.

20th Feb. 1879, 243 H. D. 3 s. 1549; 8th Aug. 1879, 249 ib. 531. 7 25th April, 1864, 174 ib. 1551;

Postpone

ment or re

XXII

supply granted by the resolution, whether by a Con- Chapter
solidated Fund Bill or by a diversion of money under
section 2 (1) of the Public Accounts and Charges Act, 1891, Part IV.
cannot be discussed on the report of the resolution.1

If moved before the final question put upon each resocommittal. lution, the postponement of the consideration thereof may be proposed, or a motion may be made for its recommittal, if, when the amount of a supply grant has been reduced in committee, an alteration of that sum is sought, either by a complete or a partial restoration of the original sum, as in committee alone an addition to the public burthens can be made. If a recommitted grant has been increased Procedure on reconsideration by the committee, the resolution specifies tion of a that, in addition to the sum already granted, a further public sum has been granted for the purpose therein stated.5

Amendments to reports.

6

If a reduction of a resolution is moved, the question that the Speaker puts from the chair is that the original sum "stand part of the question." If that question passes in the negative, the question follows that the reduced amount "be there inserted," and upon that question a further amendment may be proposed. Thus, by way of example, when a resolution was read for a grant of 34,0261. (Houses of Parliament), an amendment was proposed to leave out 34,0267., and insert instead 28,5267. The original sum, 34,0267., was negatived; the insertion of 28,5261. was moved, when a proposal was made to substitute for 28,5261. the sum of 31,0261. The house negatived the consequent question, namely, that " 28,5261. stand part of the proposed amendment," and then agreed to the insertion of the sum of 31,0261.7

8th Aug. 1879, 249 ib. 531. These
observations should, in the opinion
of Mr. Speaker, be restricted to sub-
jects strictly connected with the
resolutions which are to be read a
second time, 1st Aug. 1893.

1 137 Parl. Deb. 4 s. 214.
2119 C. J. 324; 142 ib. 322. 386;
149 ib. 397; 159 ib. 406.

3 77 ib. 314; 113 ib. 211; 117
b. 81. 87. 93; 135 ib. 372; 141 ib.

88. 92. 104. 108; for recommittal of
a ways and means resolution, see 124
ib. 203.

'See amendment proposed by Mr.
Greville, 27th Jan. 1767, 31 C. J. 76;
3 Hatsell, 179.

5 113 C. J. 320; 141 ib. 108.

* 3 Hatsell, 184, n.; 126 C. J. 107; 144 ib. 214. 445; 145 ib. 364. 512. 7124 ib. 312.

on the crea

charge, see

p. 558.

Chapter
XXII.

founded on

the ways

No further proceeding is founded on the reports of the Bills supply grants: but when the resolutions of the committee of ways and means are agreed to, bills may be ordered thereon and means dated Fund to carry the resolutions into effect. When such a bill has and Appro- been ordered, but not presented, the members appointed priation

Part IV. Consoli

bills, see pp. 557, 593.

1

to prepare the bill may be instructed to make provision
therein, pursuant to such further resolutions of the com-
mittee as have been agreed to since the bill was ordered; 1
or an instruction is given to the committee on the bill
to make such provision therein, if the bill has been read
a second time.2

When a bill brought in on ways and means resolutions, or
on the resolutions of any other committee of the whole
house, be withdrawn, and it is expedient to bring in
another bill of a similar nature, the usage is to read again
the resolutions on which the bill was founded, and to
order another bill, either on all, or on some of those
resolutions.8

Debate and amendment on the stages of the Finance
Bill are governed by the ordinary rules of relevancy 5
(see p. 314) and, if any of the provisions of the bill should
be found to go beyond the resolutions of the committee of
ways and means, upon which the bill is founded, a further
resolution must be passed by the committee of ways and
means and agreed to by the house before those provisions
are considered in committee on the bill.6 Amendments to
the bill which are not covered by resolutions of the com-
mittee of ways and means are out of order.7

When one of the resolutions upon which the Finance
Bill is founded is one expressed in general terms, such

1 124 C. J. 132; 143 ib. 145; 145 ib. 260.

2 100 ib. 743. 784; 143 ib. 172. 173; 144 ib. 171.

3 111 ib. 126; 112 ib. 185; 140 ib. 264. 306.

The bill embodying the financial scheme of the year was first called by this title in 1894, before which year it had been called the Customs and Inland Revenue Bill. For the

history of the present practice of
introducing the whole financial
scheme in one bill, see p. 583, supra,
and 24 Parl. Deb. 4 s. 1203.

$ 33 ib. 1376; 123 ib. 327; 146 ib.
589.

• 24 ib. 1201; 136 C. J. 240; 149 ib. 204. 236.

724 Parl. Deb. 4 s. 1219; 96 ib. 473; 136 ib. 591; 138 ib. 527.

resolutions.

8. 0.51, Appendix I.

Procedure on amendments.

XXII

as that it is expedient to amend the law relating to inland Chapter
revenue,1 no instruction is needed to enable the committee
thereon to receive clauses for the remission of inland Part IV.
revenue duties, irrespective of the scope and object of the
bill.

Committees on exceptional expenditure.-Under standing
order No. 51, the question for the Speaker's leaving the
chair must be proposed when the house resolves itself into
a committee on a message from the Crown. Procedure
in a committee of the whole house appointed to consider
expenditure not included in the estimates for the year's
supply, follows, in principle, the procedure of the committee
of supply (see p. 613).

The approval or the reduction of the expenditure under consideration, or a modification of the terms and conditions of the charge thereby created, are the matters specially entrusted to such a committee, and to these objects amendments are directed. An amendment proposing to substitute for the resolution an argumentative 2 justification for the refusal of that demand is out of order.

The constitutional principle that no increase can be made of an amount demanded on behalf of the service of the Crown (see p. 615), is obviously binding on these committees; and thus when a committee was considering the resolution, founded on a royal message, for the grant of 1000l. a year to Sir Henry Havelock, an amendment to obtain the continuance of the pension to his son was not permitted.3

The reports of committees which authorize grants not voted in the committee of supply, are dealt with according to the practice in force regarding the reports from a committee of the whole house, subject, as regards amendments, to the rules which govern the consideration of financial resolutions (see pp. 391, 626), and, if necessary, bills are ordered in upon those reports.

For the scope of debate upon such a resolution, see 133 Parl. Deb. 4 s. 1239.

2 98 ib. 923. See also p. 598.
3 8th Dec. 1857, 148 H. D. 3 s.
392.

Chapter
XXIII.

Table of
Contents,

CHAPTER XXIII.

ISSUE OF WRITS, AND TRIAL OF CONTROVERTED ELECTIONS.

see Intro- THE law of elections, as declared by various statutes,' by the Purport

duction.

Issue of

of this

decisions of committees of the House of Commons, and of chapter.
election judges, has become a distinct branch of the law of
England: but as the issue of writs, and other matters con-
cerning the seats of members, form an important part of
the functions of the House of Commons, an outline of these
proceedings, apart from the general law in reference to
elections, cannot be omitted.

writs.

Whenever vacancies occur in the House of Commons, from Issue of any legal cause, after the original issue of writs for a new Parliament by the Crown, all subsequent writs are issued by Speaker out of chancery, by warrant from the Speaker, issued when the house is sitting, upon the order of the House of Commons. see p. 636. A motion for a new writ is, as has been explained (p. 272), a

warrants

during

recess,

matter of privilege, and is made without notice: but in the
case of a seat declared void on the ground of corrupt or
illegal practices, the house, by resolution, renewed from time
to time, has directed that two days' notice shall be given of
the motion for the writ to fill up such a vacancy (see p. 635).
The causes of vacancy are the death of members, their ele-
vation to the peerage (see p. 633), the acceptance of office
under the Crown (see p. 640), bankruptcy and lunacy (see
p. 637), and the determination of election judges that elec-
tions or returns are void (see p. 658).

during a session.

When the house is sitting, and the death of a member, Vacancies his elevation to the peerage,2 or other cause of vacancy, is known, pursuant to a motion, moved by any member,

1 In 1850, there were upwards of 240 statutes relating to elections, exclusive of Acts for the trial of controverted elections, some few of which have since been repealed. See the author's pamphlet on the

Consolidation of the Election Laws,

1850.

2 See 26 H. D. 3 s. 839, 11th March, 1835; 2 Hatsell, 65, n., 393-397.