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chapter Speaker: but after the question has been first put, no XIIL member is permitted to speak; and the debate cannot,
therefore, be reopened after the turning of the sand-glass.
When the house proceeds to a division, every member is Members bound to retire from the house into one of the lobbies. On the house, the 3rd February, 1881, a teller reported that he was unable to clear the house, as several members refused to quit their places. The Speaker, having already called the attention of the house to their conduct during a previous division, now cautioned them that, if they again refused to withdraw, he should consider that they were disregarding the authority of the chair. As they persisted in retaining their seats, the Speaker proceeded to name them, twentyeight in number, and they were severally suspended from the service of the house.1 On the 5th March, 1901, in committee of supply, several members refused to leave the house for a division. The chairman left the chair to report the circumstance to the house. The Speaker resumed the chair and a motion for the suspension of the members in question was carried. As they refused to leave the house on the Speaker's direction they were removed by force.2 The refusal of members to leave the house for a division in committee has been similarly reported to the house.3 Members On the 3rd February, 1881 (vide supra), and also on the Procedure umg,^', 2nd September, 1886 (see p. 846), the Speaker, after his of order P-.31f attention had been called to the breach of order, directed
See similar 'division.
procedure that the division should proceed, and dealt with the matter
i n case of .....
insulting when the division was completed.
a Although the general rule is that a member who is Method of diction in ^thin the folding-doors of the house when the question is adm,Ion
p. 387. put from the chair, for the first or second time, ought to go into the lobby and vote, a member is not forced to give
1 186 C. J. 56; 258 H. D. 3 s. declined to leave the house to go
78-88. into a division lobby was directed
* 156 C. J. 62. 64; 90 Pari. Deb. 4 by the chairman to withdraw im8.881. For the subsequent alteration mediately from the house, and on of standing order No. 18, see p. his declining to do so was removed 341. by the Serjeant-at-arms, 151 C. J.
• 151 C. J. 241; 159 ib. 389. On 242. the 21st May, 1896, a member who
his vote, but it is convenient that a member who does not chapter
intend to vote should withdraw before the question is fully _!_
put.1 If a member has not heard the question put, either Question
. mittee, see
remain and is counted therein.6 p. 370.
Division A member who has not voted upon an amendment is 2^" *n nevertheless entitled to vote upon the main question, when subsequently put. He therefore should be admitted to the house, so soon as the numbers have been declared after the first division;6 and it is the duty of the Serjeant to ensure that the doors of the house are reopened for that purpose.
DiyUion in The mode of taking divisions is regulated, in the House of Lords, by standing order No. 82. Until 1857, a division was effected in the Lords by the not contents remaining within the bar, and the contents going below the bar: but in that year their lordships adopted nearly the same arrangements as those which had been in successful operation, for many years, in the Commons. The proceedings, as at present conducted, may be briefly described. When the question has been " entirely put," the lobbies on the right and left of the house are cleared of strangers, and the doors locked. The Lord Speaker appoints two tellers for When the
1 30 Pari. Deb. 4 s. 1416; 56 ib. every member who appears at the not a peer, 871. The rooms behind the Speaker's table, regarding his vote in adivision. se* P- 191chair are not within the house for 3 80 C. J. 307; 114 ib. 112; 137 the purposes of a division, and ib. 172; 140 ib. 93. members may retire to these rooms 4 187 ib. 172. after the house has been cleared for 5 Members found in the house: a division, and before the question 103 ib. 406; 114 ib. 102; 121 ib. 140; has been put from the chair a second 129 ib. 234. Members found in a time (see p. 355), 123 H. D. 3 s. 713; division lobby: 117 ib. 151; 129 ib. 16th July, 1880, 254 ib. 730. 243; 144 ib. 333; 203 H. D. 3 s. 460.
2 A question to ascertain whether • Statements by the Speaker, MS. a member, being within the folding- notes, 28th May, 1845, and 13th doors, has heard the question put, March, 1849; see also 4th June, should be invariably addressed to 1866, 183 H. D. 3 s. 1916.
chapter each party, without respect to their degree.1 The contents
then go into the right lobby, and the not contents into the
In case of an equality of voices, the not contents have it, when
As a general rule, none but "law lords," i.e. peers who Law lords, have held high judicial offices, and lords of appeal, vote in judicial cases, or otherwise interfere with the decisions of the house. All peers, however, are entitled to vote, if they Votes of think fit, and the right has been exercised in some very ^judicta" remarkable cases. In 1685, in the case of Howard v. the Duke of Norfolk, a decree of the Lord Keeper Guildford
1 Until 1857, the two tellers were 3 166 H. D. 8 s. 1608; 94 L. J.
2 Resolutions, 10th March, 1857; 4 38 L. J. 519; 14 ib. 167. 168.
was reversed, after an angry debate, by a house attended by
Any lords who desire to avoid voting may go within the
Whilst the Commons sat in St. Stephen's Chapel, the separation of the "ayes " and " noes " for the purpose of a division was effected by the retention of one party within the house, to be counted there, and by the withdrawal of the other party into the lobby, who were counted on their return into the house. This practice continued until 1836, when a change of method being thought advisable, the
1 14 L. J. 50; Select Chancery Oases; 3 Lord Camp. Lives of Chancellors, 485. 486.
s L. J. 31st May, 1689; 3 Lord Macaulay, Hist. 388; see also cases of Beeve v. Long, 16 L. J. 446; Sugden, Law of Real Prop., Introduction; Bertie v. Falkland, 16 L. J. 230. 236. 240. 247; Ashby v. White, 17 ib. 369; Douglas peerage case, 32 ib. 264; 16 Pari. Hist. 518; 1 Cavendish Deb. 618; Smith v. Lord Pomfret, 83 L. J. 303; 4 Walpole, Mem. of Goo. HX 285; Hill v. St. John, Sugden, Law of Beal Prop., Introduction, 21; Bishop of London v. Pytohe, 36 L. J. 687; 2 Brown's
Pari. Cases, 211; 5 Lord Campbell,
'Lord Minto says, 16th June,
4 11 Clar. and Fin. 155. 421.
'On the second reading of Queen Caroline's Degradation BUI, in 1820, Lord Gage enforced an old order, and each peer gave his vote, in his place, seriatim, 53 L. J. 751. 754; 2 Plumer Ward's Mem. 91.
Chapter present arrangement was adopted of two lobbies, one at each side of the house, whereby, on a division, the house
is entirely cleared; one party being sent into each of the
When there are two tellers for each party, the divis ion Method of
When both parties have returned into the house, the tellers state the numbers in the division to a clerk at the table, to be entered upon the division paper; they then come up to the table (the tellers for the majority being on the right); and one of the tellers for the majority reports the numbers. The division paper is handedto the
1 A member is bound to act as teller for that party with whom he has declared himself, when appointed by the Speaker; and his refusal would be reported to the house, Private Mem. 7th July, 1859; though a member, by seconding a motion, does not pledge himself to act as teller, 287 H. D. 8 s. 1220. A member cannot act as a teller on a question for his own suspension, 268 ib. 1017 J 271 ib. 1129 ; 98 Pari. Deb. 4 s. 505.
1 97 C. J. 183. 354; 98 ib. 605;
23rd May, 1850, 105 ib. 364; 127 ib.
* When on one occasion the door