SECTION LI.

A SESSION.

Parliament have three modes of separation, to wit: By adjournment, by

prorogation or dissolution by the King, or by the efflux of the term for

which they were elected. Prorogation or dissolution constitutes there

what is called a session, provided some act has passed. In this case all

matters depending before them are discontinued, and at their next

meeting are to be taken up de novo, if taken up at all. 1 _Blackst._,

186. Adjournment, which is by themselves, is no more than a continuance

of the session from one day to another, or for a fortnight, a month,

etc., ad libitum. All matters depending remain in statu quo, and when

they meet again, be the term ever so distant, are resumed without any

fresh commencement, at the point at which they were left. 1 _Lev._, 165;

_Lex. Parl., c. 2_; 1 _Ro. Rep._, 29; 4 _Inst._, 7, 27, 28; _Hutt._, 61;

1 _Mod._, 252; _Ruffh. Jac. L. Dict. Parliament_; 1 _Blackst._, 186.

Their whole session is considered in law but as one day, and has

relation to the first day thereof. _Bro. Abr. Parliament_, 86.

Committees may be appointed to sit during a recess by adjournment but

not by prorogation. 5 _Grey_, 374; 9 _Grey_, 350; 1 _Chandler_, 50.

Neither house can continue any portion of itself in any parliamentary

function beyond the end of the session without the consent of the other

two branches. When done, it is by a bill constituting them commissioners

for the particular purpose.

[Congress separate in two ways only, to-wit: by adjournment, or

dissolution by the efflux of their time. What, then, constitutes a

session with them? A dissolution closes one session, and the meeting of

the new Congress begins another. The Constitution authorizes the

President, “on extraordinary occasions to convene both houses, or

either of them.” (I, 3) If convened by the President’s proclamation,

this must begin a new session, and of course determine the preceding one

to have been a session. So if it meets under the clause of the

Constitution, which says, “the Congress shall assemble at least once in

every year, and such meeting shall be on the first Monday in December,

unless they shall by law appoint a different day.” I, 4. This must begin

a new session; for even if the last adjournment was to this day, the act

of adjournment is merged in the higher authority of the Constitution,

and the meeting will be under that, and not under their adjournment. So

far, we have fixed landmarks for determining sessions. In other cases it

is declared by the joint vote authorizing the President of the Senate

and Speaker to close the session on a fixed day, which is usually in the

following form: “Resolved by the Senate and House of Representatives,

that the President of the Senate and Speaker of the House of

Representatives be authorized to close the present session by adjourning

their respective houses on the ---- day of ----.”]

When it was said above that all matters depending before Parliament were

discontinued by the determination of the session, it was not meant for

judiciary cases, depending before the House of Lords, such as

impeachments, appeals, and writs of error. These stand continued, of

course, to the next session. _Raym._, 120, 381; _Ruffh. Jack. L. D.

Parliament_.

[Impeachments stand, in like manner, continued before the Senate of the

United States.]

The Legislative Manual, of the State of Colorado Comprising the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Parliamentary Practice, and the Constitutions of the United States and the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Practice, and the Constitutions of the United States and the State of Colorado. Also, Chronological Table of American History, Lists and Tables for Reference, Biographies, Etc. · 第 42 / 46 章