« PreviousContinue »
clerk, purporting that the names of all the members were by him put therein, on such a day and year ; whereupon the Speaker seals the box, and signing an attestation, purporting that the box was on such
a day and year made up in his presence in the mode prescribed, annexes it to the outside. And upon the parties withdrawing from the bar as hereafter mentioned, and before the House enter upon any other business, any member may require, that the names of all the members which remain undrawn (under the proceeding hereafter detailed), be drawn and read aloud by the clerk or clerk-assistant.
At the appointed time for taking the petition into con- Meeting of the sideration, the House, previous to reading the order of House and the day to that effect, can proceed to no other business
proceedings excepting, 1. swearing in members;2 2. receiving a re- reading the Orport from any select committee appointed in pursuance der of the Day. of the acts, entering the same upon the journals, and giving the necessary orders thereon; 3. admitting the clerk of the Crown to alter a return in pursuance of an order made on the preceding day or on that day; 4. postponing the order for the purpose of attending his Majesty or his Majesty's Commisssioners in the House of Lords, in consequence of any message signified to the House in the usual manner;3 5. receiving any message from the Lords ; 6. being the day appointed for the trial of any articles of impeachment, exhibited by the Commons before the Lords, proceed to any business that may be necessary for carrying on the prosecution of such impeachment;* 7. calling over the House, adjourning such call, or ordering a call, aud making orders relative thereto, or for enforcing the attendance of the members.5 But before the order of the day is read, the serjeant at arms, going with the mace to the places adjacent, àppoints the immediate attendance of the members. Upon his return the House is counted, and if one hundred members are present, the petitioners (by themselves, their counsel or agents) and the counsel or agents of the sitting members, are ordered to attend at the bar ;' which if they do not within an hour afterwards, the order is discharged. Whereupon (the parties attending) the
1 10 G. 3. c. 16. 8. 516.
0 10 G, 3. c. 16. s. 4.
door is locked, nor can any member be allowed to enter
or depart, till the parties are withdrawn as hereafter menBallot. tioned. The order of the day is then read; the names
of the whole House, prepared as already described, are (being divided into six equal parts) put into six receptacles placed upon the table, and after being shaken together, the clerk or clerk-assistants publicly and alternately draw out forty-nine names of members then present, and delivering them as they are drawn to the Speaker, he reads them to the House. If, in drawing out this number the following names occur a member, 1. having voted at an election; 2. being a petitioner or petitioned against; 3. whose return shall not have been brought in within fourteen days; they shall be set aside :: and if the following--a member, 4. sixty years old, swearing to the fact, and requesting to be excused ;s 5. having served in such select committee during the same session, and requesting to be excused; unless, indeed, the House before the day for considering the petition have resolved, that the number who have not so served is insufficient;' and the mere nomination without any attendance throughout, is not a service ;5 6. swearing to any other excuse, which the House consider to be sufficient, upon the ground of inability, or the great detriment that would otherwise ensue; they shall be excused ;6 7. lastly, if on drawing out a name the petitioners or sitting members declare, that the party is intended for a nominee (of whom immediately after this), and to which he assents, he is funless set aside for any of the causes aforesaid) marked
down for a nominee : whereupon the drawing conNominees.
tinues till forty-nine eligible persons are selected. This being done, two members then present, and whose names were not drawn, are added to the list, of whom one is named by the petitioners, the other by the sitting members ;9 or upon their refusing to nominate, they are chosen by lot ;l subject in either case to be set aside, and others drawn, for the causes already mentioned, or ex
cused at their own request." Adjournment
If, however, either one hundred members are not preof the Order of
1 10 G. 3. c. 16. s. 5,
7 10 G. 3. c. 16. s. 15.
sent, or the list of forty-nine cannot be completed, the order, and (with the exception presently mentioned) the House itself, is immediately adjourned to a particular hour on the following day, (unless Sunday, Christmas day, or Good Friday, and then to any day the House may appoint), and so from day to day till the attendance be sufficient and the list formed. The excepted case to the immediate adjournment of the House is, that, after adjourning the order, unlocking the door, and dismissing the attendants at the bar, they may proceed upon any order of the day for the call of the House previously fixed for that day, and direct that the House be then called over, or adjourn the order to a future day, and make such orders relating thereto, as to them shall seem meet. So likewise, if no order for a call of the House shall have been so fixed for that day, they may order a call for any future day, adding the requisite orders thereto. And finally may make such orders for enforcing the attendance of the members on the business of the House, as to them shall seem expedient. The House then adjourn to the same day to which the order stands adjourned, and so from time to time; and in case no such proceedings take place, or during their progress, there is an adjournment for want of members, the adjournment is to be taken for the day of the adjournment of the order.5
The mode of appointing the select committee varies Mode of apwhere several parties, on distinct interests or grounds of pointing the complaint, present separate petitions, and where they do Select Commit
In the latter case, the mode is the following. The fifty-one members being chosen and nominated, In the case of a the door is opened, and the House may proceed upon other single petition,
. business. Lists of the forty-nine members are then given to the petitioners and sitting members, who immediately withdraw, together with the clerk appointed to attend the select committee; but the fifty-one members cannot leave the House, till the time for the select committee ineeting is fixed as presently mentioned? Then the parties, beginning with the petitioners, alternately strike off one of the forty-nine until thirteen only remain, whose names, within an hour from the parties withdrawing from
1 28 G. 3. c. 52. s. ll.
s. 3 ; 28 G. 3. c. 52. s. 10.;
36 G 3. c. 59. s. 1. 3 36 G. 3. c. 59. s. 1.
4 36 G. 3. c. 59. s. I.
the bar, are delivered to the House by the clerk. The thirteen and two nominees are thereupon sworn at the table, “ well and truly to try the matter of the petition referred to them, and a true judgment to give according to the evidence;" and thereby become a select committee to try and determine the return or election' from the time of swearing in. And of this number (fifteen) and no more the committee must always consist. The House then fix a time for the committee meeting, which must be some time within four-and-twenty hours after their appointment, unless a Sunday, Christmas day,+ or Good Friday, 5 intervene; and the place of their meeting must be sonre convenient room adjacent to the House of Com
mons or Court of Requests. Proceedings If, however, within one hour after the time appointed, where no op
the sitting member or other parties opposing the petition, ponent appears. shall not appear (by themselves, their council or agents),
or if at the time appointed there shall be no party before the House opposing the petition, the select committee is appointed thus. The forty-nine members are drawn as in other cases, but in reducing them to thirteen, the clerk appointed to attend the committee supplies the place of the party opposing the petition, who, as often as it comes to his turn to strike out a name, strikes out that which then happens to be first. And the nominee, whom the opponent is entitled to select, is chosen by the thirteen members from among those present when the names are drawn. The same mode of reducing the list to thirteen and choosing a nominee, is adopted where a party waives his right in either of these respects.8
The mode of appointing the select committee where pointing the Se- several parties, on distinct interests or grounds of comwhere there are plaint, present separate petitions, is as follows :-Each of several peti the parties successively strike off a member from the forty
nine until thirteen only remain; for which purpose, lists of the forty-nine are given to each; and the order in which they are to strike off the names, is determined by lót after they are withdrawn from the bar. Neither of the parties (there being more than two) can choose a nominee as in other cases; but the thirteen members, returned by the parties to the House, inimediately with
Mode of ap
1 10 G. 3. c. 16, s. 13.
5 28 G. 3. c. 52.
tions from no
draw; choose two members then present in the House, whose names have not been drawn, to be added to the thirteen' (either of which may be set aside for the same causes as those chosen by lot);2 and within an hour from withdrawing, report their names to the House. These two are then added to the thirteen, and the whole fifteen sworn at the table.3 In this case, members present at the time of the ballot cannot leave the house, till the meeting of the select committee is fixed.
And in the case of a petition from the circumstance of In case of one no return having been made to the writ-ou calling a
or more petinew parliament, by the return day-on a vacancy
return having existing parliament, within fifty-two days after its date ; been made, or or, from the return being of special matters, instead of from its being members pursuant to the requisition of the writ; if the
special. returning officer cannot be found so as to be served with the notice or order already mentioned, or being served shall not appear; the House authorize another to appear for him. And where several petitions are presented on distinct interests or different grounds, the House determine, from the nature of the case, whether the returning officer, or person appearing for him, shall, together with the petitioners, strike off names, or whether the list shall be reduced by the petitioners only.
Where more petitions than one are considered on the Proceedings same day, after summoning the members and counting where more pethe House as already mentioned, all the petitioners and
are considered, other parties are ordered to attend within the house at the same day. the same time, before the door is locked.? A list of fortynine is then formed for the first committee; and successive lists for each of the others; with however this reservation_if 120 members are not present, a list for the first committee only can be formed; if 200 are not present, then only for two committees; if 270 are not present, then only for three; if 360 are not present, then only for four; and for five committees the presence of 460 is requisite.9 In forming these successive lists, the names of members excused for special reasons applying only to the petition in question, are returned into the glass to be drawn upon the other petitions ;lo and the
111 G. 3. c. 42. s. 6.
Ibid.; 53 G. 3. 71. s. 20. 3 11 G. 3. c. 42. s. 6. 4 11 G. 3. c. 42. s. 7. $ 25 G. 3. c. 84. 8. 12.
6 25 G. 3. c. 84. s. 12.