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Chapter ar an Act still in force would be included among the pro
visions of a statute law revision bill, which dealt solely with statutes no longer in force. It has been held, however, that a committee on a bill to effect the consolidation of the law on the subject to which the bill relates may, without an instruction, amend the provisions of the statutes which by the bill are to be consolidated and fused together.?
No amendment can properly be proposed to a clause which is irrelevant to the subject-matter of such clause: such an amendment should be moved as a new clause. Neither may an amendment be proposed to insert words at the commencement of a clause with a view to proposing an alternative scheme to that contained in the clause,' or to leave out from the first word to the end of the clause, in order to substitute other words, 5—such amendments being in the nature of a new clause. In such a case the regular course is to negative the question, that the clause stand part of the bill, and to bring up a new clause, at the proper time. But when an amendment has already been made at the beginning of a clause, and it is afterwards proposed to leave out the remainder of the clause, such an amendment has been held to be regular.6 When a clause has been amended, the question put from the chair is, “ That this clause, as amended, stand part of the bill;" and no other amendment can be proposed to a clause, after this question has been proposed from the chair.? Debate upon this question must be confined to the clause, as amended, and must not extend to a discussion of the circumstances under which particular amendments were made or to a review in detail of the proceedings on the
1 346 H. D. 3 s. 1618.
? Procedure in a standing committee on the County Courts Con solidation Bill, 1888, and in a select committee on the Military Lands Consolidation Bill, 1892.
3 Divorce and Matrimonial Causes Bill, 6th Aug. 1857, 147 H. D. 3 s. 1190. 1198; Prisons Bill, 1st and 22nd March, 1878, 232 ib. 1242; 233
ib. 359; Army Discipline Bill, 19th June, 1879, 247 ib. 278.
261 ib. 1522; 41 Parl. Deb, 4 s. 873-5; 74 ib. 325.
5 116 H, D. 3 s. 666; 196 ib, 74; 200 ib. 1057, &c.
6 Irish Land Bill, 1st April, 1870, 200 ib. 1057.
· 147 ib. 1191.
clause. It has been ruled that when the question, " That Chapter
by any member which he could ask leave to withdraw.? Clauses No amendment should be admitted which is in the nature postponed.
of a previous question. Clauses may be postponed, unless
: on new under special circumstances, after new clauses, or certain Clay other clauses,' or some of the schedules of the bill.10 When P. 489;
a on instrucinstructions have been given by the house for the purpose, tions, see the committee may receive clauses or make provision in the bills committed to them, which they could not otherwise have considered, or they may consolidate or divide the bills referred to them.11
1 12 Parl. Deb. 4 s. 1180; 20 ib. 503. 696.
? Hypothec Abolition (Scotland) Bill, 1st April, 1879, private ruling.
3 207 H. D. 3 s. 722, Elections (Parliamentary) Bill, 25th July, 1871. 111 Parl. Deb. 4 s. 792. A motion to postpone part of a clause is not in order, 97 ib. 453; 139 ib. 1220.
+ Supreme Court of Judicature Bill, 8th July, 1873, 128 C. J. 340.
5 74 Parl. Deb. 4 s. 325; 139 ib. 1221.
6 207 H. D. 3 s. 1378; 318 ib. 145; 41 Parl. Deb. 4 s. 870.
* 12 ib. 350; 111 ib. 48; 136 ib.
8 122 C. J. 141, 149; 132 ib. 235; 142 ib. 206. 210; 186 H, D. 3 s. 768. 912; 148 C. J. 455.
• 136 ib. 267.
10 Supreme Court of Judicature Bill, 1875, 130 ib. 425. A clause has been postponed until after the schedule and any new schedule, while the schedule when reached was postponed until after the postponed clause, Churches (Scotland) Bill, 1905, 160 ib. 334. 335.
11 The effect to which the rejection of an instruction affects the power of a committee in considering amend. ments which trench upon the purport
mea cedure, see
Chapter By standing order No. 37, no question is put for the Proceed
nings upon $.__ filling up of words printed in italics; and if no alteration bla Prorisions has been made in such words, the bill is reported without s. 0.37, creating
Appendix I. charges, see amendment. p. 560.
When a real blank has been left, if it be desired to fill it up with words different from those first proposed, a distinct motion is made upon each proposal, instead of moving an amendment upon that first suggested. The chairman puts the question upon each motion separately, and in the order in which they were made. It was formerly an occasional,
but not the constant, practice to put first the motion for a Ways and smaller sum or longer time:? but according to later prac
tice, this rule has not been observed in committees upon p. 625.
bills. Thus, on the 18th July, 1856, in committee on the
When, pursuant to an instruction (see p. 480), two bills Cunsolida.
clauses. in their proper places, while the committee are going through of the rejected instruction, will be 93 C. J. 204. 526 ; 94 ib. 465. found in the decision by the chair. 497. man, Tithe Rent-Charge Recovery 2 88 ib. 617. Bill, 1889, 339 H. D. 3 s. 1185. 3 111 ib. 363. 1228.
* 110 ib. 223 ; 111 ib. 353.
clauses out of order.
the bill:1 but in the Commons, all the clauses of the bill Chapter
The new clauses proposed by the minister, or other
order No. 38, without question put. A question is then put
of a clause with a schedule, shall be considered as an entire New
clause. A new clause, however, will not be entertained ut if inconsistent with clauses agreed to by the committee,* if
substantially the same as a clause previously negatived, if
properly an amendment, or needing an instruction.? Schedules Schedules to a bill are considered, as a rule,» after new and new
clauses are disposed of, and they are treated in the same schedules.
manner as clauses. When the schedules have been con-
time, amended, if need be, and added to the bill.
e to, and any new clauses or schedules added, the preamble,
before new clauses. Poor Law
Turnpike Trusts (South Wales) Bill,
• Metropolitan Buildings Bill, 99 5 179 H. D. 3 s. 538.
ib.512; Representation of the People 6 15 Parl, Deb. 4 s. 1433 ; 41 ib. Bill, 1867, 122 ib. 365 ; 188 H. D. 3 1703; 74 ib. 858; 125 ib. 587. 588. S. 1280.
· 16 ib. 257.
On a bill
see p. 499.
Chapter is amended so as to conform to amendments made in the " bill; and the chairman puts the question, “ That this be
the preamble of the bill,” which he reads (short) to the Title committee. Lastly, in the Lords, the title of the bill is
On considered and agreed to ; and in the Commons, when any ing, see p. amendment is to be made to the title, this is the last 502.
proceeding of the committee. Sometimes the short title
of the bill is also amended in committee.3 Procedure Doubts have arisen whether the committee, to whom a Power of on bills
bill has been referred, can by amendment so change the pro- over bills. standing, visions of the bill, that when it is reported to the house, the committees, see p. 396; bill is in substance a bill other than that which was referred by a select committee, to the committee. A committee can negative every clause
of which the bill committed to them is composed, and can
of the house had been, in a case of this kind, to withdraw
• Coroners in Boroughs Bill, 17th 2 110 ib. 223; 111 ib. 276; 112 ib. May, 1892, 147 ib. 259, 373; 153 ib. 261.
5 140 H. D. 3 s. 2200.