Seats not the unavoidable absence of the chairman of ways and means, be entitled to exercise all the powers vested in the chairman of ways and means, including his powers as deputy Speaker. MEMBERS. 82. [6th April, 1835.] No member's name shall be affixed to any to be taken seat in the house before the hour of prayers; and the Speaker shall give directions to the door-keepers accordingly. before prayers. Seats secured at prayers. Time for oath. 83. [29th April, 1858.] Any member having secured a seat at prayers shall be entitled to retain the same until the rising of the house. 84. [30th April, 1866.] Members may take and subscribe the taking the oath required by law, at any time during the sitting of the house, before the orders of the day and notices of motions have been entered upon, or after they have been disposed of: but no debate or business shall be interrupted for that purpose. Affirmation 85.-[1st July, 1880.] Every person returned as a member of this in lieu of house, who may claim to be a person for the time being by law peroath. mitted to make a solemn affirmation or declaration instead of taking an oath, shall henceforth (notwithstanding so much of the resolution adopted by this house on the 22nd day of June, 1880, as relates to affirmation) be permitted, without question, to make and subscribe a solemn affirmation in the form prescribed by "The Parliamentary Oaths Act, 1866," as altered by "The Promissory Oaths Act, 1868,” subject to any liability by statute. Adminis WITNESSES. 86. [20th February, 1872.] Any oath or affirmation taken or tration of made by any witness before the house, or a committee of the whole house, may be administered by the Clerk at the table. oath in house. Adminis 87. Any oath or affirmation taken or made by any witness before tration of a select committee may be administered by the chairman, or by the clerk attending such committee. oath in select committec. Power of at-Arms with STRANGERS. 88. [5th February, 1845.] The Serjeant-at-arms attending this Serjeant house shall, from time to time, take into his custody any stranger whom he may see, or who may be reported to him to be, in any part respect to of the house or gallery appropriated to the members of this house, and strangers. also any stranger who, having been admitted into any other part of the house or gallery, shall misconduct himself, or shall not withdraw when strangers are directed to withdraw, while the house, or any committee of the whole house, is sitting; and that no person so taken into custody shall be discharged out of custody without the special order of the house. Places to which 89.-No member of this house shall presume to bring any stranger into any part of the house or gallery appropriated to the members of strangers this house, while the house, or a committee of the whole house, is admitted. sitting. are not Mode of dealing with 90.-[19th July, 1854.] Except when Mr. Speaker or the chairman Withof a committee of the whole house shall otherwise direct, his order for drawal of the withdrawal of strangers during a division shall be understood to strangers during apply to strangers occupying seats below the bar and in the front divisions. gallery, and shall be enforced by the Serjeant-at-arms accordingly. drawal of 91.-[7th March, 1888.] If, at any sitting of the house, or in com- Withmittee, any member shall take notice that strangers are present, Mr. strangers Speaker or the chairman (as the case may be) shall forthwith put the from house. question, "That strangers be ordered to withdraw," without permitting any debate or amendment: provided that the Speaker or the chairman may, whenever he thinks fit, order the withdrawal of strangers from any part of the house. LETTERS. dressed to members. 92.-[25th June, 1852.] To prevent the intercepting or losing of Custody of letters directed to members of this house, the person appointed to letters adbring letters from the General Post-Office to this house, or some other person to be appointed by the postmaster-general, shall for the future, every day during the session of Parliament, Sundays excepted, constantly attend, from ten of the clock in the morning, till seven in the afternoon, at the place appointed for the delivery of the said letters, and take care, during his stay there, to deliver the same to the several members to whom they shall be directed, or to their known servant or servants, or other persons bringing notes under the hands of the members sending for the same. 93.-The said officer shall, upon his going away, lock up such Directions letters as shall remain undelivered; and no letter shall be delivered to officer but within the hours aforesaid. 94.-The said orders shall be sent to the postmaster-general at the commencement of each session. in charge of letters. Orders to be sent to general. 95.-When any letter or packet delivered to this house shall come postto Mr. Speaker, he shall open the same; and acquaint the house, at mastertheir next sitting, with the contents thereof, if proper to be communidirected to cated to this house. house. letters PARLIAMENTARY PAPERS. command 96. [14th August, 1896.] If, during the existence of a parlia- Presentament, papers are commanded to be presented to this house by His tion of Majesty at any time, the delivery of such papers to the librarian of the papers. House of Commons shall be deemed to be for all purposes the presentation of them to this house. 30th Nov. 1812, 68 C. J. 5; founded on SESSIONAL ORDERS. Ordered, That all members who are returned for two or more places Elections. in any part of the United Kingdom do make their election for which of the places they will serve, within one week after it shall appear Witnesses. 1 ib. 817. that there is no question upon the return for that place; and if any order 9th Resolved, That no peer of the realm, except such peers of Ireland as 16th Jan. 13 ib. 64. Resolved, That it is a high infringement of the liberties and privileges of the commons of the United Kingdom for any lord of Parlia- 27th April, ment, or other peer or prelate, not being a peer of Ireland at the time 1802, 57 C. J. 376; elected, and not having declined to serve for any county, city, or founded on borough of Great Britain, to concern himself in the election of mem- orders bers to serve for the Commons in Parliament; except only any peer of 10th Dec. Ireland, at such elections in Great Britain respectively where such 1641, 2 ib. 337; 15th peer shall appear as a candidate, or by himself, or any others, be Feb. 170, proposed to be elected; or for any lord-lieutenant or governor of any 13 ib. 333; county to avail himself of any authority derived from his commission, 10th Nov. to influence the election of any member to serve for the Commons in 1707, 15 ib. Parliament. 395; 6th Aug. 1714, Resolved, That if it shall appear that any person hath been elected 18 ib. 5. or returned a member of this house, or endeavoured so to be, by 13th Feb. bribery, or any other corrupt practices, this house will proceed with 1833, 88 the utmost severity against all such persons as shall have been wil- C. J. 39; fully concerned in such bribery or other corrupt practices. founded on order 13th Resolved, That if it shall appear that any person hath been tamper- Feb. 1700, ing with any witness, in respect of his evidence to be given to this 13 ib. 327. house, or any committee thereof, or directly or indirectly hath 6th Aug. endeavoured to deter or hinder any person from appearing or giving 1714, 18 evidence, the same is declared to be a high crime and misdemeanour; and this house will proceed with the utmost severity against such offender. C. J. 5; founded on order, 20th Feb. 1700, 1841, 96 Resolved, That if it shall appear that any person hath given false 13 ib. 350. evidence in any case before this house, or any committee thereof, this 24th Aug. house will proceed with the utmost severity against such offender. Ordered, That the commissioners of the police of the metropolis do Metropolitan police. take care that, during the session of Parliament, the passages through orders, the streets leading to this house be kept free and open, and that no 29th Sept. obstruction be permitted to hinder the passage of members to and 1646, and 1st June, from this house, and that no disorder be allowed in Westminster Hall, 1647, 4 or in the passages leading to this house, during the sitting of Parlia- ib. 677; ment, and that there be no annoyance therein or thereabouts; and 5 ib. 194, that the Serjeant-at-arms attending this house do communicate this order to the commissioners aforesaid. *References supplied by the late Mr. James B. Bull. directing that "the guard" de protect the house, and an order to the constables, 13th Jan. 1693, 11 ib. 59.* II. INSTRUCTIONS. CLASSIFIED EXAMPLES ILLUSTRATING PROCEDURE ON INSTRUCTIONS. Class 1.-Cases when an instruction was necessary to empower a committee on a bill to consider the amendments proposed by the instruction. Class 2.-Cases when instructions were ruled out of order, because the committee possessed the power which the instruction would confer. Class 3.-Cases when instructions were ruled out of order, because they were foreign to the subject-matter of the bill. Class 4.-Cases of instructions to extend the scope of a bill throughout the United Kingdom. Addresses from the chair regarding the scope and nature of instructions, and also upon an undue resort to the right of moving instructions. Instruc tions, see p. 478. Class 1.-Cases when an instruction was necessary to empower a committee on a bill to consider the amendments proposed by the instruction:: (1) Markets and Fairs (Ireland) Bill, 1862.-To insert provisions. for the equalization of weights and measures in all mercantile transactions throughout Ireland.1 (2) County Votes Registration Bill, 1865.-To insert provisions relating to the duties and powers of revising barristers to cities. and boroughs.2 (3) Union Chargeability Bill.-To insert in this bill, which regulated (4) Representation of the People Bills, 1860 and 1866.-To insert (6) Sale of Intoxicating Liquors on Sunday (Ireland) Bill, 1877. 1 165 H. D. 3 s. 1876. 2 120 C. J. 254. 3 120 ib. 258. 158 H. D. 3 s. 1966; 183 ib. 1320. $ 186 ib. 1270. refreshment-houses, on all days of the week, and for increased penalties on the unlawful sale of liquor.1 (7) Land Purchase (Ireland) Bill, 1888.-To insert in the billwhich was restricted to the creation of an advance of 5,000,0007. for the purposes of Lord Ashbourne's Act, 1885-clauses dealing with arrears due from tenants who sought to avail themselves of the power given by the bill to purchase their holdings.2 (8) Land Purchase (Ireland) Bill, 1888.-To insert provisions to enable the land commission to permit a tenant to combine with the purchase of his holding the purchase of adjacent grass lands, and of lands not devoted to tillage.3 (9) Local Government (Electors) Bill, 1888.-To insert provisions in the bill with a view to assimilate the qualification of electors of guardians of the poor, including the abolition of the plural vote, to the conditions prescribed in the bill with regard to electors of county authorities.1 (10) Tithe Rent-Charge Recovery Bill, 1889.-To insert provisions for a gradual redemption of tithe rent-charge on an equitable basis; and for a readjustment of the method for taking the tithe rent-charge averages; and to review and revise the settlement made by the Tithe Commutation Act of 1836.5 (11) Allotments Act, 1887, Amendment Bill, 1890.-To insert provisions creating, by popular election, local authorities in smaller areas than those of the sanitary authorities, and to confer upon them larger powers for acquiring and managing land for the purposes of allotments than those in force under the Allotments Act, 1887; and also to substitute parishes in vestry assembled, for those rural sanitary authorities that were the operative bodies prescribed by the bill. (12) Local Government (England and Wales) Bill, 1888.-To insert provisions for the reform of parish vestries." (13) Elementary Education Bill, 1891.-To insert provisions to raise the standard for partial and total exemption in schools receiving free grants. (14) Private Bill Procedure (Scotland) Bill, 1891.—To insert provisions for the simplification of the procedure, and the reduction of the cost of provisional orders." (15) Local Government (England and Wales) Bill, 1893.-To insert provisions to enfranchise for the purposes of the bill all those women, whether married or single, who would be entitled to be on the Local Government register of electors, or on the Parliamentary register of electors if they were men." 10 (16) Established Church (Wales) Bill, 1895.-To make provision for facilitating the redemption of the tithe rent-charge in Wales.11 1 132 C. J. 288. 2 143 ib. 482; 331 H. D. 3 s. 33. 3 331 ib. 34. 61. 4 143 C. J. 197. 5 144 ib. 420. 145 ib. 283. 7143 ib. 264; 326 H. D. 3 s. 1440. 8 354 ib. 1870; 146 C. J. 404. 9 352 H. D. 3 s. 154. 155. 10 148 C. J. 592. 11 33 Parl. Deb. 4 s. 540. |
