No previous question can be put in a committee; nor can this committee adjourn as others may; but if their business is unfinished, they rise, on a question, the House is resumed, and the chairman reports that the Committee of the Whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having had time to go through the same, have directed him to ask leave to sit again. Whereupon a question is put on their having leave, and on the time the House will again resolve itself into a committee. Scob., 38. But if they have gone through the matter referred to them, a member moves that the committee may rise, and the chairman report their proceedings to the House; which being resolved, the chairman rises, the Speaker resumes the chair, the chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of “now, now,” whereupon he makes the report; but if it be late, the cry is “to-morrow, to-morrow,” or “Monday,” &c., or a motion is made to that effect, and a question put that it be received to-morrow, &c. Scob., 38.
In other things the rules of proceeding are to be the same as in the House. Scob., 39.
SEC. XIII.—EXAMINATION OF WITNESSES.
Common fame is a good ground for the House to proceed by inquiry, and even to accusation. Resolution House of Commons, 1 Car. 1, 1625; Rush, L. Parl, 115; 1 Grey, 16–22, 92; 8 Grey, 21, 23, 27, 45.
Witnesses are not to be produced but where the House has previously instituted an inquiry, 2 Hats., 102, nor then are orders for their attendance given blank. 3 Grey, 51.
When any person is examined before a committee, or at the bar of the House, any member wishing to ask the person a question, must address it to the Speaker or chairman, who repeats the question to the person, or says to him, “You hear the question—answer it.” But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw; for no question can be moved or put or debated while they are there. 2 Hats., 108. Sometimes the questions are previously settled in writing before the witness enters. Ib., 106, 107; 8 Grey, 64. The questions asked must be entered in the journals. 3 Grey, 81. But the testimony given in answer before the House is never written down; but before a committee, it must be, for the information of the House, who are not present to hear it. 7 Grey, 52, 334.
If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats., 52.
A member, in his place, gives information to the House of what he knows of any matter under hearing at the bar. Jour. H. of C., Jan. 22, 1744–5.
Either House may request, but not command, the attendance of a member of the other. They are to make the request by message of the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the member to attend, if he choose it; waiting first to know from the member himself whether he chooses to attend, till which they do not take the message into consideration. But when the peers are sitting as a court of criminal judicature, they may order attendance, unless where it be a case of impeachment by the Commons. There, it is to be a request. 3 Hats., 17; 9 Grey, 306, 406; 10 Grey, 133.
Counsel are to be heard only on private, not on public bills, and on such points of law only as the House shall direct. 10 Grey, 61.