fore, it is wished to avoid a question, it is usual to move, that the chairman do leave the chair; which has the effect of a motion to adjourn, and takes place of every other motion. It seems that after the previous question has been proposed from the chair, amendments cannot be proposed to be made to the main question.2 The course is, either by proposing the amendments before the previous question is actually put,3 or by withdrawing the previous question.*

The other mode of avoiding a question is to alter it by Of avoiding a amendments, till it bears a sense different from what was question by intended by the proposers.5

amending it.

Though a question is complicated-that is, consists Separation of a of two or more propositions, a member cannot as of right question into claim to have it divided, in order that he may give his parts. opinion upon each proposition separately. But when a question is moved and seconded, and proposed from the chair, however complicated it may be, the only mode of separating it, is by moving amendments to it; which must be decided by the House upon a question. Unless indeed the House order that it shall be divided."

Although a question is moved and seconded, and pro- Miscellaneous posed from the chair, yet if any matter of privilege arises matters. either out of the question itself, or from any quarrel between members, or any other cause, this will supersede the consideration of the original question, and must be first disposed of. So if any question of order arises, this must necessarily be first decided, or if it is desired to have an act of parliament, or extract from the journal, or any paper before the House read, and the House acquiesce, this may be read. If, however, any person objects to the reading, the question must be stated and decided by the House."

General rule;

tation.

SECTION X.

The same Bill or Question not to be twice offered.

Ir is a rule, that the same question which has been and its interpre- once proposed and rejected, should not be offered again in the course of the same session; a rule that ought to be adhered to as strictly as possible, in order to avoid surprise and that unfair proceeding which might otherwise sometimes be made use of. This mode, however, is not to be so strictly and verbally observed, as to stop the proceedings of the House. It is rather to be kept in substance than in words; and the good sense of the House must decide upon every question how far it comes within the meaning of the rule. It clearly does not extend to prevent the putting the same question in the different stages of a bill; nor to prevent the discharging of orders that have been made, though made on great deliberation. But it excludes contradictory matters from being enacted in the same session.'

With respect to bills it is clear, that wherever any clause or words are in a bill, though they should have even been inserted as an amendment by the House, yet upon any other subsequent stage of the bill, the sense of the House may be again taken upon these words, and they may be left out; because every stage of a bill submits the whole and every part of it, to the opinion of the House; and this being the known order of the House, there can be no surprise upon any person whatever. It seems that when a clause or particular words are moved to be added or inserted in one stage of a bill, and the House have given a negative to this motion, the same clause or words may be offered again upon any subsequent stage of the bill.2

SECTION XI.

When the Speaker may take the Chair.

till four o'clock.

interim.

THE Speaker cannot take the chair till there be at Forty must be least forty members in the house; a rule which holds present. both as to the number present when the Speaker takes the chair, and as to his quitting it again immediately, if it is after four o'clock. The distinction of not adjourning Reason of nonimmediately, if it is before four o'clock, but of waiting, adjournment and if members come in so as to make up the number of forty present, proceeding with business, arises from four o'clock being the hour prescribed by the 30 Charles the Second and the 13 of William the Third, before which any member may take the oaths at the table; and there- And swearing in fore if the Speaker has taken the chair, and a member is Members in the introduced before that hour, he may be sworn, though forty members are not present; for a rule laid down by the House of Commons as a regulation to themselves, cannot supersede the directions of an act of parliament. But if, whilst any other business is depending, notice is If Forty are taken that forty members are not present, and it is after not present, the four o'clock, the Speaker counts the House, and if forty Speaker, of his members are not present, he by his own authority, im- adjourns the mediately and without a question put, adjourns the House to the next sitting day, unless the House have previously resolved, that at their rising, they do adjourn to a particular day, when he adjourns the House to that day; and the resolution is frequently come to, when it is expected that, from the thinness of the House, they may break up for want of forty members.!

own authority,

House.

the whole

This rule is extended to committees of the whole The same rule House; so that it is equally necessary, if forty members holds with are not present, for the chairman immediately to leave Committees of the chair, and for the Speaker to resume it. The distinc- House. tion about the hour does not hold in committees, because the reason, upon which that distinction is founded, is not there equally applicable. When the Speaker resumes the chair, on the breaking up of a committee, the chairman can make no other report than informing the Speaker of the cause of their dissolution."

Speaker may take the chair on the black

This rule being established by the House only as a restraint on their own conduct, does not extend to prevent the Speaker's taking the chair on the black rod's ing at the door. knocking at the door, whether with a message from the

rod's knock

Mode of Adjournment where forty members are

not present,

Mode of proceeding on a division, and not forty pre

sent.

Speaker or
Chairman

counts as one.

king, or commissioners appointed by the king, though fewer than forty members should be present. And it seems, that the Speaker on his return from the Lords, should resume the chair, notwithstanding forty members are not present.1

When it happens that forty members do not assemble, the Speaker waits till four o'clock, and then adjourns the House, without any question, taking the chair for that purpose only; and in this case, he can only adjourn to the next sitting day.2

When there is a division in the House, or a committee of the House, and it appears, upon the report of the numbers, that forty members are not present, and the House or the committee are upon this immediately adjourned, there can be no decision upon the question then under consideration, though upon the report of the numbers, the majority should be ten to one. In such cases, therefore, the matter under consideration continues exactly in the state in which it was before the division, and must be resumed at this period on some future day. The Speaker or chairman of the committee is always considered as one of the forty.*

3

Their exclusion

course.

SECTION XII.

As to not admitting Strangers into the House.

WHEN a member in his place takes notice to the is a motion of Speaker of strangers being in the house or gallery, it is the Speaker's duty immediately to order the serjeant to execute the orders of the House, and to clear the house of all except members; and this, without permitting any debate or question to be moved upon the execution of the order.5

SECTION XIII.

Of Leave to make a Motion.

the orders of

THE order of the 25 of November, 1695, directs, that Leave is necesno new motion be made after one o'clock. The principle sary only where of which is to prevent a motion of importance being the day have made after the House have proceeded on the particular been proceeded business which has been appointed for that day, and on. where such motion may be a surprise on many members who have left the house. Formerly leave was necessary to a new motion, if it was after the time fixed by the order of the 25 Nov, without any consideration had of the orders of the day; but now the circumstance of having proceeded upon the orders of the day is what makes it necessary to have the leave of the House to introduce any new motion: if there remains any orders of the day not proceeded upon, it is not necessary to have leave to make a motion. It seems to be generally agreed that four o'clock is the hour for proceeding upon the orders of the day.'

SECTION XIV.

On a Division of the House.

BEFORE the House proceed to a division, either in the Exclusion of House or a committee of the whole House; indeed before strangers. the question is put, upon which it is probable there may be a division, the Speaker or chairman should take care that all strangers are withdrawn.2

As no member ought to be told in a division, who was Telling. not in the house when the question is put, so all members who were in the house must be told on one side or the other, and cannot be suffered to withdraw. It often happens, that members not wishing to vote upon particular questions, withdraw into Solomon's porch, or the

1 2 Hats, 183, 184. et in notis.

22 Hats. 194.