Terms of motion. Change of terms of motion. Change of day for motion. members in signing the ballot paper is restricted in the chapter manner already described on p. 240. Notice of a motion may be given in general terms, unless it involves a personal charge, and, with this exception, it is not necessary that the written notice should originally comprise all the words of the intended motion: but if the subject be generally stated in the first instance, a notice of the motion, precisely as it is intended to be proposed, should be delivered at the table some days before, or, at latest, during the sitting preceding the day appointed for the motion. And this practice applies to notices of amendments on going into committee of supply, which in this respect are treated as motions (see p. 610). VIII. see p. 280. A modification of a notice of motion standing upon the Motion substituted for notice paper is permitted, if the amended notice does not motion exceed the scope of the original notice. If a motion is withdrawn, proposed, which differs materially from the terms of the notice, it can only be made with the consent of the house, or upon a renewal of the notice.2 No positive rule has been laid down as to the time which should elapse between the notice and the motion: 3 but some interval is generally assigned to motions that may provoke debate. Notices of motions for leave to bring in bills, or for other matters to which probably no opposition will arise, are frequently given during the day before the sitting on which they are submitted to the house. orders of Should a member desire to change the day for which he Same rule, first gave notice, he must defer the notice to a more distant the day, day, it being irregular to fix an earlier day than that see p. 262. originally chosen; nor can this rule be evaded by changing the motion into an amendment to another question. 1 Vote of thanks for services in India, 8th Feb. 1858, 148 H. D. 3 s. 865. 2 148 ib. 719; 161 ib. 854; Fiji Islands, 26th June, 1872, 212 ib. 219; Church Patronage, 1877, 132 C. J. 301. 143. 16th June, 1871, 207 H. D. 3 s. Mirror of Parl. 1835, p. 275; 122 H. D. 3 s. 959; 154 ib. 537; 21 ib. 225; 30 ib. 8. Chapter Motions, restric tions on. see p. 277. 3 notices. As the notice paper is published by authority of the Irregular house, a notice of a motion or of a question to be put to a member, containing unbecoming expressions, infringing its rules, or otherwise irregular, may, under the Speaker's authority, be corrected by the clerks at the table.1 These alterations, if it be necessary, are submitted to the Speaker, or to the member who gave the notice. A notice wholly out of order, as, for instance, containing a reflection on a vote of the house,2 may be withheld from publication on the notice paper, or, if the irregularity be not extreme, the notice is printed, and reserved for future consideration; though, in such cases, it is not the duty of the clerks at the table to inform the member who gave the notice of an informality that it may contain. When a notice, publicly given, is obviously irregular or unbecoming, the Speaker has interposed, and the notice is not received in that form; and he has also directed that a notice of motion Notice of should not be printed, as being obviously designed merely ments to to give annoyance.6 If an objection be raised to a bills, see p. notice of motion upon the notice paper, the Speaker amend 477. 5 The decides as to its regularity; and, if the objection be sus- 1 188 H. D. 3 s. 1066; 206 ib. 468; 207 ib. 1881; 212 ib. 700; 223 ib. 607; 24th May, 1878, 240 ib. 643; 5th July, 1880, 253 ib. 1632; 16th June, 1882, 270 ib. 1409. 2 20th July, 1888, 329 ib. 158. The precedence to which this notice if in order would have been entitled cannot be claimed for it when corrected on a subsequent day, 288 ib. 684. 4 7th April, 1892, Mr. Speaker's ruling; communication regarding an irregular question is made to members if the pressure of business permits, 16th June, 1882, 270 H. D. 3 s. 1409; 1st April, 1887, 313 ib. 232-234; 2nd May, 1901, 93 Parl. Deb. 4 s. 453; 13th July 1905, 149 ib. 5 12th Feb. 1861, 161 H. D. 3 s. 6 Notice of a return of the conviction of Mr. King-Harman for an assault, 21st Feb. 1888, Mr. Speaker's ruling. 7228 H. D. 3 s. 1183; 250 ib. 1313; 267 ib. 388. 8 90 C. J. 435. Waiver of notice. VIII. Except in the case of an unopposed return, a motion chapter for a leave of absence, and of a notice standing in the name of a member of the government, which may be moved by a colleague (see p. 263), no notice of motion, Amendor amendment which requires notice, can be moved by a requiring member other than the member in whose name the notice stands. ments notice, see p. 289. Motions made without notice.-The house can waive the right of requiring notice for a substantive motion, if the motion is moved under the sanction of the chair and with the general concurrence of the house. Of this usage the following illustrations can be cited, taken from motions relating to public business. The house, 6th May, 1836, by general concurrence, resolved itself into the committee of ways and means to receive the financial statement of the session, although the order for that committee had not been appointed for that day.' Without previous notice motions have been made which altered the time when the next sitting of the house was held, or which regulated the adjournment of the house,2 or gave precedence either to orders of the day or to notices of motions, such motions being made either at the close of the sitting prior to the day when the order would operate, or at the opening thereof. So also, without previous notice, the standing Notice of order regulating a twelve o'clock sitting was read and of standing suspended upon the previous day; and in like manner, at a morning sitting held under standing orders, since repealed, an order was made whereby priority was given. to the consideration of a bill at nine o'clock, over the order of the day for the committee of supply. A notice of motion which stood on the notice paper for the day's sitting, to be taken at nine o'clock, has been moved at the 191 C. J. 330. 2133 ib. 355. 397; 146 ib. 410; 147 ib. 137. The resolution, 11th Feb. 1893, that the Speaker should adjourn the house without question put, was moved without notice, and the resolution, 21st May, 1896, for the adjournment for the Whitsuntide recess, and that the Speaker should 3 107 C. J. 320; 10th Feb. 1880, 120 ib. 449; 122 ib. 365. suspension orders, see P. 148. VIII. 1 Chapter commencement of the two o'clock sitting; and, as is mentioned elsewhere (see p. 612), estimates have been considered in the committee of supply, without the customary notice.2 A motion to give immediate effect to a resolution of the house has also been moved without notice; for instance, when the house having rescinded and discharged the order for the appointment of a select committee, an order was withdrawn, made immediately for the reappointment of the committee 8 with altered terms of reference; and a motion to rescind the committal of a bill to a standing committee was made in like manner.4 See also motions P. 280. Commencement of motions Certain formal motions which are necessary for the due Formal business, transaction of business are also made without notice, before made withthe commencement, or after the close of public business, tions after such as motions for a new writ (see p. 634); for the first see P. 255. Formal mo the inter ruption of reading of bills received from the House of Lords (see p. 466); for the consideration of Lords' amendments forth- p. 587. Motions arising out of a matter of privilege (see p. 270), 1 27th July, 1875, 226 H. D. 3 s. 94. 127; 133 C. J. 183. 2 See also Mr. Ducane's motion, 156 H. D. 3 s. 1473. 3 Committee Conventual Institutions, 2nd May, 1870, 201 ib. 79. Employers' Liability Bill, 4th May, 1893; Beer Bill, 26th July, 1901. 5 Such a motion is usually handed in at the table and entered in the clerks' books as a matter of course, 82 Parl. Deb. 4 s. 1067. • 12th June, 1882, 270 H. D. 3 s, 805. out notice.. Notice under orders Nos. 15. 31. 38. 79, Appen dix I. Notice "under -usage. or to appoint a committee on a matter of privilege (see Chapter p. 403), are also moved without notice.1 VIII. suspension orders, p. 148. without notice; on cases, see to draw up Motions of which notice is requisite.-Previous notice of Notice, standing certain motions is prescribed by the standing orders. of standing Notice must be given of a motion for an addition to the Lords, sce 55. 57. and days allotted to the business of supply; of the presentation of a bill without an order of the house; of new clauses on the report of a bill; of a motion or an amendment regarding the nomination of members for service on select committees, or for constituting a select com- Nomination of select mittee of more than fifteen members; of a proposed addi- committees tion to a committee (see p. 405); and for the circulation of a petition with the notice paper of the house (see p. 533). privilege Pursuant to established usage, notice is requisite in the p. 403; following cases, namely, a motion granting leave of reasons, absence to a member; to discharge a member from attendance on a select committee,2 when not moved pursuant to ments, see the report of a committee; an amendment to the question on restitufor going into the committee of supply (see p. 609); an see p. 460. instruction to a committee, and an amendment which en- Notice of larges the scope of an instruction (see p. 482); and motions in comto rescind a resolution of the house, or to expunge or alter the whole the form of an entry in "The Votes and Proceedings," house, see except under certain conditions, as in the case of a privilege motion (see p. 301). Notice has invariably been given Notice, of motions for exempting business from the operation of of standing standing order No. 1, or for giving precedence to any Commons, business over supply on a Thursday. Notices of questions. Lords' amend p. 508; tion bills, resolutions mittees of p. 383. suspension orders, see p. 148. 6. Questions to members.-Notice of a question to a Questions member is usually placed upon the notice paper, unless 1 No notice can be given of an intention to move the adjournment of the house under standing order No. 10 (see p. 252). 2 For restriction on motions affecting the service of members on select committees who have been nominated by the committee of selection, see p. 404. 3 For the earliest known example |