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§ 62. “Prorogue.”

Prorogation is the continuance of the Parliament from one session to another, as an adjournment is a continuance of the session from day to day. Prorogation puts an end to the session, and quashes any Bills which are begun and not perfected. According to the practice of the Imperial Parliament, such Bills must be resumed de novo (if at all) in a subsequent session, as if they had not previously been introduced. (See Tomlins, Vol. II. Parliament, viii.; May, Parl. Prac. 10th ed. p. 43.) The Houses may, however, by standing orders provide for the resumption of such Bills, upon motion, at the stage at which they were interrupted. (See, for instance, Standing Orders, 200-2, of Legislative Council, New South Wales; Standing Orders, 295-7, of Legislative Assembly, New South Wales.) A prorogation may be effected by commission, but the usual course is by proclamation.

“Both Houses are necessarily prorogued at the same time, it not being a prorogation of the House of Lords or Commons, but of the Parliament. The session is never understood to be at an end until a prorogation; though, unless some Act be passed or some judgment given in Parliament, it is in truth no session at all.” (Tomlins, vol. II, Parliament.)

“All orders of Parliament determine by prorogation, and one taken by order of the Parliament after their prorogation, may be discharged on an habeas corpus, as well as after a dissolution; but it was long since determined that the dissolution of a Parliament did not alter the state of impeachments brought up by the Commons in a preceding Parliament.” (Id.)

“The Crown may bring the session to an end by a prorogation, which has the effect of quashing all proceedings, except impeachments and appeals before the House of Lords. Parliament is prorogued by the sovereign in person in the House of Lords, or by commission; it may also be prorogued by proclamation from the day for which it was summoned, or to which it had been previously prorogued.” (Encyclopedia, Laws of England IX. p. 401.)

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