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 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 1 137 Parl. Deb. 4 s. 214. 3 77 ib. 314; 113 ib. 211; 117 88. 92. 104. 108; for recommittal of 'See amendment proposed by Mr. 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 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 When a bill brought in on ways and means resolutions, or Debate and amendment on the stages of the Finance When one of the resolutions upon which the Finance 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 $ 33 ib. 1376; 123 ib. 327; 146 ib. • 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 Committees on exceptional expenditure.-Under standing 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. Chapter Table of 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. 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 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. |