c. 10. requires the sheriff at the next county court after the delivery of the writ, to make proclamation for the coroner's chief constables, bailiffs of hundreds, and all else that will come, to give their attendance at the next county court; under a penalty of forty shillings each; whereupon the sheriff or undersheriff, in full county, is to assess a certain sum on every hundred assessable, not exceeding in the whole the total sum due to the knights, and apportion it amongst the different villages; under a penalty of thirty pounds and treble damages for assessing in any other mode, or levying more than the assessment. By the same statute, the villages not theretofore assessed, shall continue exempt. Tenants therefore in ancient demesne, beneficed clerks in chancery, and tenants of the bishop of London are not contributory. By stat. 12 R. 2. c. 12. lands hitherto contributory to the knights' wages, shall, when purchased by lords or ecclesiasticks, continue so still. In the case of ing prayers. SECTION VI. Of taking and keeping Places. DISPUTES have often arisen, where a member, having coming in dur- by himself taken a place before prayers, and left a book or glove in the place, and not being "in the place" at prayers, but coming in during prayers, and finding another member in his place, which of the two has the right to the place. It is said on the one hand, that the rule of the House is, that the member is to be at prayers, and that this cannot be known, unless he is in his place. To which it is answered, that it is not necessary the member should be there at "the beginning" of prayers; that having left a token in the place, it is his, till he has forfeited it by not being present in the House during any part of the prayers; and that no member is entitled to remove that token, or to take his place, till prayers are over, because a member, coming into the house after prayers are begun, ought to make as little disturbance as possible, and kneel down as close as he can to the door; and that it would be hard to lose his place, because he comes in but a moment after prayers are begun. There has never been any determination of the House, upon this important question; but, continues Mr. Hatsell, I rather believe the latter to be the true doctrine, and to have been the opinion of the oldest members as to the practice. It is the constant practice, that members lose their Loss of places right to their seats by attending the Speaker to the by attending the Speaker. House of Lords, when sent for by message from the king. The right to seats is also lost on a division (except by the tellers), which often makes it material, in questions otherwise indifferent, which side are to go out. bers who have received It is commonly understood, that members who have Place of Memreceived the thanks of the House in their place, are entitled to that place whenever they come to the House, at least during that parliament: and it is generally allowed them by the courtesy of the House.2 thanks. On the opening of a parliament, the four members for Miscellaneous the city of London claim a right (from custom) of sitting matters. on the lower bench, on the right hand of the Speaker, on that day, and generally exercise it. At other times this is called the Treasury bench (and as appears from the ancient journals, used to be reserved for privy counsellors) and is now, by the favour of the House, left for the Lords of the Treasury, and other members in great offices, who are supposed by their avocations to be prevented from coming down to take places for themselves. But this too is matter of courtesy, and not of right. Mr. Pulteney, when in the height of opposition to Sir Robert Walpole, always sat on the Treasury bench. Of right no member can claim any other seat than what he has taken at prayers, or finds vacant afterwards, on his coming into the house.3 SECTION VII. Of compelling the Attendance of Members. Ir is a common proceeding, when the House is going Summons by upon very important business, to send the serjeant with the Serjeant. the mace into Westminster hall, and the places adjacent, to summon the members to attend the service of the 12 Hats. 94. * 2 Hats. 94. 2 Hats. 94, 95. Call of the Taking Mem bers into custody. House. And this is almost universally done, when the House is to be called over. So by 10 G. 3. c. lö. s. 4. it is directed to be done previous to considering an election petition.' When it is observed that members stay in the country and absent themselves from the business of the House, it is usual to order the House to be called over. And sometimes the Speaker is directed to write circular letters to the sheriffs, to summon the members to attend, copies of which are always entered in the journal. It is also not uncommon to order, that no member shall go out of town without leave of the House, and this to be obtained by motion in the house.2 There have been instances of late years of enforcing the calls of the House, by taking members, who do not attend, into the custody of the serjeant." Cannot speak twice, Unless in a Or on a new motion. Where two rise together. SECTION VIII. As to Members Speaking. Ir is essential to the dispatch of business, that the rule and order of the House-that no member should speak twice to the same question, should be strictly adhered to. And it is the duty of the Speaker to maintain the observance of this rule, without waiting for the interposition of the House. It is to allow more ample and frequent discussion than this order will admit, that a committee is instituted, where every member may speak as often as he pleases. If a new motion is made, pending the former motion, as-to adjourn, or by way of amendment, or for the previous question, this entitles every member to speak again, to that question.* Where two members or more rise at the same time, it is usual to submit to the Speaker's decision as to who was up first. But any one who is dissatisfied may put it to the vote.5 12 Hats. 99. supra. 2 2 Hats. 99. 42 Hats. 105, 106. 2 Hats. 106. When a member speaks, he is to stand up in his place Mode of speakuncovered, and to address himself to the chair, and not ing. to any particular member: if he is on the lower seat, he must have one foot within the floor. In the case of indisposition, a member may be permitted to speak sitting. Where a member speaks beside the question, it is the duty of the Speaker to interrupt him. Every member is entitled to be heard quietly. A member may speak from the gallery; but he must have a seat, and not speak in the passage ways or from behind the clock.2 SECTION IX. As to Putting Questions. THE general rule is, that that question which is first General rules. moved and seconded is to be first put. It was the ancient practice for the Speaker to collect the sense of the House from the debate, and from thence to form a question on which to take the opinion of the House. But this has been long discontinued; and at present the usual and almost universal method is, for the member who moves a question to put it into writing, and deliver it to the Speaker, who, when it has been seconded, proposes it to the House, and then the House are said to be in possession of the question. And that question cannot, after it is proposed from the chair, be withdrawn but by leave of the House. The Speaker must read this to the House, as often as any member desires it for his information. But as it frequently happens that questions are moved, upon which the House do not wish to give any opinion, they avoid it, by moving either to adjourn,-oi for the orders of the day-or for the previous question-or by making such amendments to the question as change the nature of it, and make it inadmissible even by those who proposed it. 3 A motion for the House to adjourn, takes place of any Motion to admotion before made or question proposed, although the journ. same has been ever so long in debate; and is a method used by the House, to terminate (for that day at least) a 12 Hats. 107. 92 Hats. 108. 82 Hats. 111-113. Motion for the orders of the day. Or for the pre matter which they do not think proper to determine by a question upon the matter itself. But that the motion may take place of one already made and proposed, it must be simply to adjourn, not with the addition of a particular day. And though where the motion is not made in the midst of any other proceeding of the House, and with a view to supersede a question already proposed, it may, like every other question, admit of an amendment by adding a particular day;3 yet, when so made, the amendment is not allowed, and the motion must be simply that this House do now adjourn, whereupon, if carried in the affirmative, the House is adjourned to the next sitting day, unless they have come to a previous resolution, that at their rising they will adjourn to a particular day; in which case the House is adjourned to that day.1 The question of adjournment may be moved repeatedly upon the same day; but not without some intermediate question being proposed, after one motion to adjourn is disposed of, and before the next motion is made for adjourning.5 Another method of superseding a question already proposed to the House is by moving for the orders of the day to be read. This motion to entitle it to precedence, must be for the orders generally, and not for any particular order; and if this is carried, the orders must be read and proceeded on in the course in which they stand. But a motion to adjourn will even supersede this motion. The right of making a motion for the orders of the day to be read in the midst of another proceeding, does not hold where the House are actually proceeding upon one of the orders; it is only to supersede a question upon any other matter, not properly the business of the day.7 The effect of the previous question, is only to put off vious question. the coming to the question at that time, and is in these words that this question be now put. The same question may be therefore moved on another day. If the previous question is negatived, so as to put off the main question to another day, the same question though altered in words, if not essentially and substantially altered in matter, ought not to be again put that day. In a committee of the House there can be no previous question. If, there 1 2 Hats. 113, in notis. 22 Hats. 113. 2 Hats. 113, in notis. 52 Hats. 109, in notis, 6 2 Hats. 115. 7 2 Hats. 121. |