digestion than the formality or convenience of the House will admit of, it is referred to a Committee.

6. To amend.

To amend.

But if the subject need but few and simple amendments, and especially if these be of great importance, the House then proceeds to consider and amend themselves. The rules and forms to be observed with respect to Rules as to amendments, here claim consideration.

On an amendment being moved, a Member who has spoken to the main question may speak again to the amendment (b).

The Speaker cannot refuse to propose an amendment, though it be inconsistent with one already agreed to, if it be not against order.

Amendments are sometimes used to get rid of a proposition, by making it bear a totally different meaning from that intended by the movers, so as to cause them to vote against themselves (c); in this mode of avoiding a question the amendments are not printed on the Journals, separately from the question, but only the final vote. A new Bill may be engrafted by way of amendment, on the enacting clause (d).

amendments.

words.

If it be proposed to amend by leaving out certain words, By leaving out it may be moved as an amendment to this amendment, that part of the words of the amendment be omitted, which is equivalent to leaving them in the Bill. The Parliamentary question being always, "whether the words shall stand part of the Bill."

When it is proposed to amend by inserting a paragraph By inserting. or part of one, the friends of the paragraph may make it as perfect as they can by amendments, before the question for inserting it is put. If it be received, it cannot be

(b) Scob. 23.

(c) See C. J. 10 April, 1744, as to Duke d'Aremberg; 29 Jan. 1765, as to General Warrants; and 9 Feb. 1785.

(d) 1 Grey, 190, 2.

In Canada.

Rules for voting in the Commons.

taken, the two Tellers who have the majority take the right hand (or, if the votes be even they go up promiscuously), and all four placing themselves within the Bar, advance towards the table, making their obeisances as they go up, where they deliver the lists (for insertion in alphabetical order in the votes), saying "The Ayes are so many, the Noes are so many," or vice versa. This the Speaker repeats, declaring the majority.*

[In Canada, the votes are taken by the Clerk at the table, who marks off the names of the Members as they are called out to him by the Chamber messenger, the "Yeas" on the question rising first at the command of the Speaker, and remaining standing till all their names have been taken down, when the "Nays" at a similar command also rise. But in Committees of the whole, the votes are taken by Members dividing to the right and left, Tellers being appointed by the Chairman, who report the majority.]

While the House is telling, no Member may speak, or move out of his place, except as he is required in taking the division,

A mistake in the report of Tellers may be rectified after the report is made (e), In the House of Commons, every Member must give his vote on one side or the other (ƒ), as no one is permitted to withdraw who is in the House when the question is put, nor may any one be told in the division who was not in when the question was put (g). This rule extends to all cases where the vote is by yeas and nays, where the negative as well as the affirmative of the question is stated by the Speaker at the same time, and the vote of both sides begins and proceeds pari passu.

*By a Resolution of the House of Commons on the 1 Feb, 1837, the present mode of publishing Division Lists in the Votes shall be extended to Divisions when the House is in Committee, in all cases where five Members shall require it.

during adivision

If any difficulty arise in a point of order during the Point of order division, the Speaker must decide peremptorily, subject to the future censure of the House, if irregular. He sometimes permits experienced Members to assist him with their advice, which they do, sitting in their places, covered, to avoid the appearance of debate; but this can only be with the Speaker's leave, else the division might be protracted an unlimited time (h).

ap

When on counting the House on a division, there pears to be no quorum, the matter remains in the same state in which it was before the division, and must be resumed at that point at a future day (i).

May 1, 1606, on a question whether a Member, having said yea, may afterwards sit and change his opinion? a precedent was remembered by the Speaker, of Mr. Morris, in the 39 Eliz., who in a like case changed his opinion (k).

If no Quorum.

ness in the

In the arrangement of business, there was formerly no Order of busiprecise rule by which any Bill or matter could be taken House. up, the Speaker being generally left to his own discretion -unless the House on a question decided to take up a particular subject (). But, however, a settled order of business is necessary to the proper management of it; and to prevent any partiality in the arrangement, it is now provided that business shall be conducted as much as possible in a regular and methodical manner, and that that business shall first claim attention which is first before the House, with exceptions as to certain cases, as matters of privilege, which it will be shown, take pre-eminence of all other questions.

Motions.

A Member intending to make a motion, should regularly Notices and give notice thereof on a previous day. In the House of Commons, no notice can be given of an intended motion

By altering.

To what extent Amendmentsare admissable.

amended afterwards in the same stage; because the House, by vote, have agreed to it in that form. In like manner, if it be proposed to amend by striking out a paragraph, the friends of the paragraph are first to make it as perfect as they can by amendments, before the question for striking it out is put. If, on the question, it be retained, it cannot be amended afterwards, because a vote against striking out is equivalent to a vote agreeing to it in that form.

When it is moved to amend by striking out certain words and inserting others, the manner of stating the question is, first to read the whole passage intended to be amended as it at present stands, then the words proposed to be struck out, next those to be inserted, and lastly, the whole passage as it will be when amended. And, if it be desired, the question must then be divided, and put first on striking out, and, if that be carried, next on inserting the words proposed. If this be lost, it may be moved to insert other words.

A Motion is made to amend by striking out certain words, and inserting others in their place [A], which is negatived. Then it is moved to strike out the same words, and to insert others of a tenor entirely different [B] from the first proposed; and this is also negatived. It is then moved to strike out the same words, and insert nothing, which is agreed to. All this is admissable they being all' different propositions. For the rejection of one proposition does not preclude the offering a different one. Nor would it alter the case, were the first motion [A] decided, by putting the question first on striking out, and that be negatived; for as putting the whole motion to the ques tion at once, would not have precluded, the putting half could not do it.

But if it had been carried affirmatively to strike out the words and insert A. it could not afterwards be permitted

to strike out A. to insert B. The mover of B. should have notified the House while the insertion of A. was under debate, that he would move to insert B.-in which case those who preferred it would join in rejecting A.

After A. is inserted, however, it may be moved to strike out a portion of the original paragraph, comprehending A, provided the coherence intended to be struck out be so substantial as to make this effectively a different proposi tion. For that would be merely striking out a paragraph after amending it. Nor does any thing forbid a new insertion in the place of A. and its coherence.

ments.

When the matter contained in two Bills might be better Making two Bills put in one, the course to pursue is, to reject the one, and one, by amendincorporate its matter into the other Bill. And when the matter contained in one Bill would be better distributed into two, any part may be struck out by way of amendment, and put into a new Bill.

Or one Bill two.

place of a clause

If a clause is to be transposed, one question must be Altering the put on striking it out where it stands, and another for by amendment. inserting it in the place desired.

blanks.

If a Bill be passed by one House with blanks, they Filling up may be filled up by the other by way of amendments, and returned to the first House as such.

As to the rules to be observed in filling up blanks see chap. IX. on Money Bills.

The number prefixed to the section of a Bill, being merely a marginal indication, and no part of the text of the Bill, the Clerk regulates that, the House or Committee have only to amend the text.

The subject of amendments having been considered, the former subject of which it forms a part, viz:—the manner of disposing with any proposition made to the House must be resumed.*

* For the following analysis of the Precedence of Questions, &c., I am indebted to the Manual of Parliamentary Practice, by H. C. Thomson, Esq. referred to in the Preface.