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Chapter Addresses are presented for treaties with foreign powers, for
despatches to and from the governors of colonies, and for
returns connected with the army, the civil government,
and the administration of justice. Where returns relate to
the expenditure of public money upon any Crown property,
they are obtained by order, and not by address.1
When an address for papers has been presented to the when re-
Crown, the parties who are to make them appear to be addresses
m . i charged.
for papers which should properly have been presented to the
an order for a return shall be separately stated,1 while an chapter
Returns If one house desires any return relating to the business
1 127 C. J. 277. C. J. 120
'148 ib. 689. 7 128 io. 212; 127 lb. 141.
'126 ib. 89. 'Ib. 396.408.
* 122 ib. 822; 123 ib. 178 (by » To secure regularity in the form address). of these returns, it was recommended
s 888 H. D. 8 s. 1717. by the printing committee, 1841,
• 111 ib. 260. 270. 294. In 1866, that every member be advised, bea notice had been given of a return fore he gives notice of a motion for of fees on private bills in both a return, to consult the librarian, houses, but on an intimation from Pari. Paper, 1841 (181); see also the Speaker, the return was con- Beport, 17th March, 1857 (122). fined to the House of Commons, 111 10 11 H. D. 271.
Chapter from government departments should be of a public and XIL official character, and not private or confidential. On the 3rd July, 1884, notice having been taken that the order for an address for a copy of Dr. Crichton Browne's treatise on Education, related to a private matter over which the house had no jurisdiction, and involved a question of copyright, the order was discharged.1 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 documents, have generally been withheld from Parliament. In 1858, however, this rule was, under peculiar and exceptional circumstances, departed from, and the opinions of the law officers of the Crown upon the case of the Cagliari were laid before Parliament.2
But however ample the power of each house to enforce the production of papers, a sufficient cause must be shown for the exercise of that power; and if considerations of public policy can be urged against a motion for papers, it is either withdrawn, or otherwise dealt with according to the judgment of the house.
If parties neglect to make returns in reasonable time, they Returns are ordered to make them forthwith:3 or so much of returns not madeas has not been made.1 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.6 A person has been reprimanded by the Lords for having made a return to an order, which he wasnot required or authorized to make, and for framing it in a form calculated to mislead the house (see also p. 538).7 Effect of a When Parliament is prorogued before a return is prefr^TYee sented, the order for the return should be renewed in the
1 139 0. J. 336. 5 75 ib. 404; 89 ib. 386; 96 ib.
* 149 H. D. 8 s. 178. 363.
* 90 C. J. 418; 114 ib. 871; 119 '90 ib. 575; 81 L. J. 134. ib. 291; 121 ib. 475. 7 82 ib. 89.
« 131 ib. 354.
ensuing session, as if no order had previously been given; chapter because a prorogation puts an end to almost every pro- 1X1 ceeding pending in Parliament; yet returns are often presented by virtue of addresses in a preceding session, without any renewal of the address,1 and occasionally in compliance with an order of a former session.8 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 ; "3 and orders of a former session have been read, and the papers ordered to be laid before the house forthwith.1 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 forthwith 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. pOS8eg8ion 0f documents by command of his Majesty, and
in compliance with Acts of Parliament. Forms ob- Judgment rolls, exhibits, and certified copies of documenting iBents relating to appeals, are delivered in at the bar of the papers. House of Lords, upon oath. Other papers and returns were formerly delivered at the bar, uponoath, in thesame manner: but now they are either presented by a minister of the Crown, or are forwarded by the department to the Clerk of the Parliaments, for presentation. In the Commons, when a minister of the Crown has any papers of special importance to present, he goes to the bar, and, on being called by the Speaker, he brings them up; 6 and they are ordered to lie upon the table: but the more usual practice is to deliver Debate on them to the clerks at the table. When such papers are tioTnta* 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. 3. 428; 103 ib. 579. 775; '78 ib. 472; 80 ib. 631.
104 ib. 289. 284, Ac.; 106 ib. 5; 108 '78 ib. 72; 114 ib. 371.
ib. 209. 3 90 ib. 413.
99 ib. 301; 103 ib. 131; 104 ib. "By usage, such papers are only
85. 88. 133, Ac.; 106 ib. 24; 108 ib. to be presented by privy eo uncillors.
Chapter lie upon the table, the mover can found a statement to the
!_ house, and a debate can arise;1 though not without objection
being taken to a course which brought on debate under
Papers commanded to be presented to either house by Presenta-
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 mr,tions the deposit of the papers in the office of the Clerk of the out notia; 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.4
Occasionally, blank papers, familiarly known as "dum-" pommies," 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
1 8th July, 1857, Sir G. Lewis on an estimate of the cost of the Persian War, 146 H. D. 3 s. 1182; Mr. Lowe, 13th Feb. 1862, and Mr. Bruce, 5th May, 1865, on papers relating to eduoation, 165 ib. 191; 178 ib. 1535; Mr. Bruce, 10th Feb. 1878, 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.
3 129 L. J. 7; 152 C. J. 4, &c.
* See debate on the attorneygeneral's motion for copy record (Mr. Davitt),27th Feb. 1882, 266 H. D. 8 s. 1804; 137 C. J. 75.