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by the

commenda.

with in

Chapter and there are numerous cases in which amendments of

this character have been proposed, without objection, on Part I. the report.

Exemptions from the standing orders touching charges on Use of the people. -Unless a new and distinct charge be imposed charges.

upon the public revenue, the standing orders which regulate Financial financial procedure are not applicable. This principle legislation

applies to cases where it is proposed to authorize advances ds, P: on the security of public works, out of moneys already set 580 ; sce also charges apart for such purposes. For the same reason, it was held, not subject to royal re- 30th June, 1857, that a bill which repealed a section of the

14. Superannuation Act that created a superannuation fund by tion, pp. 598, 600. means of annual deductions from official salaries, did not Charges to leait come within the scope of these standing orders, because,

although the bill effected a diminution of public income, it
committee,
see p. 600. did not increase salaries, nor the public charge in respect

of salaries. The same exemption also applies to legislation
which varies the appropriation of the proceeds of an
existing charge upon public revenue, whereby no new
burthen is imposed; such, for instance, as the University
Education (Ireland) Bill, 1882, which diverted to the use
of the Royal University of Ireland, grants out of the Con-
solidated Fund which were payable by statute to the
Queen's Colleges in Ireland ; and this principle was applied
to the Local Government Bill of 1888, to the Local Taxation
(Customs and Excise) Bill of 1890, the Agricultural Land
Rating and the Agricultural Rates, Congested Districts, &c.
(Scotland) Bills of 1896, the Tithe Rent-charge (Rates)
Bill of 1899, and other bills which diverted from the
exchequer to the Local Taxation account for the purposes
of the bills a portion of the probate duty, or other specified
duties, because, although thereby certain sums would be
intercepted, and the public revenue would be so far
diminished, no fresh payment arose out of the Consolidated

Customs Act Report, 15th, 16th, and 17th March, 1846, 101 C. J. 323. 335. 349.

? Railways (I.) Bill, 1847 (advance of 16,000,0002.), (Lord G. Bentinck);

Drainage (I.) Act, 5 & 6 Vict. c. 89;
Public Works (Manufacturing Dis-
tricts) Bill, 1863; Drainage (I.) Act,
9 Vict. c. 4, ss. 10. 31, 51; Public
Works (I.) Act, 9 Vict. c. 1.

Part 1

Fund, or out of moneys provided by Parliament, nor was Chapter

XXII. any additional charge imposed upon the people. A ruling to this effect was, during the session of 1891, also made from the chair regarding the Russian Dutch Loan Bill. Nor do standing orders Nos. 66 and 71 apply to bills dealing

with local loans.
Moneys in Legislation regarding moneys administered by the public
hands of
public works loan commissioners affords another mode of illus-
works.com- trating the foregoing principle. By the National Debt and
missioners.

Local Loans Act, 1887 (50 & 51 Vict. c. 16, s. 6), the
national debt commissioners are empowered to issue to
the various commissioners mentioned in the Act, the sums
required for local loans to an amount not exceeding
that authorized by Parliament; consequently, the particu-
lar mode of application of those sums does not increase
the total amount available for loans. The Act of 1887
created a Local Loans Fund, under the control of the
national debt commissioners, which receives the repay-
ments of the principal of local loans, and the income
derived from interest thereon. The Act made the Consoli-
dated Fund a security in case of deficiency; and the reso-
lution which sanctioned the liability so imposed upon the
Consolidated Fund was, with the recommendation of the
Crown, voted in committee. The provisions of the standing
orders regarding the imposition of a charge were thus fully
complied with by the procedure upon the National Debt
Local Loans Bill of 1887; and, as compliance with the
standing orders in respect of what may be termed the
principal Act is held applicable to all subsequent bills
which fulfil its purposes, since the passing of the National
Debt and Local Loans Act, 1887, annual Public Works

1 41 Parl. Deb. 4 s. 1698, 42 ib. 1324. An amendment to the Finance Bill of 1905, whereby the National Debt Charge would bave been increased from twenty-eight million pounds to twenty-nine mil. lion pounds was allowed to be moved in accordance with the principle de. scribed in the text, because it was

proposed that the additional million
pounds should be paid by the Inland
Revenue Commissioners to the
National Debt Commissioners out
of the proceeds of the estate duty,
160 C. J. 208, 146 Parl. Deb. 4 s.
1273.

: 354 H. D. 3 s. 171.
3 142 C. J. 303.

Chapter Loans Bills are ordered in on motion, without a preliminary

- recommendation from the Crown. On the same principle, Part I. and in like manner, the Land Purchase (Ireland) Bill,

1888, was introduced on motion, because the financial
operations of the bill were based on the Local Loans
Fund under the Act of 1887.1

Other cases of procedure may be mentioned in which Other ex-
the recommendation of the Crown has not been held
necessary, such as the transfer of certain charges from the
Consolidated Fund to the supplies annually voted by
Parliament, as no increased charge upon the people was
effected ; ? an exemption from penalties due to the Crown
created by the Under Secretaries Indemnity Bill of 1864 ;3
charges imposed for services rendered ; 4 bills relating to
savings banks, when solely of a legal and administrative
character.; 5 and bills applying the land revenues of the
Crown to improvements of Crown property, although by
statute such land revenues are carried to the Consolidated
Fund, or applying to government works the proceeds of
the sale of government property.?
The rule that recommendation from the Crown must be Indirect

charges given to a guarantee based on the public, or Indiau revenues creat (see p. 562), is only applicable to a provision which creates guarantees. a direct, though prospective, charge upon the public revenue. The application of this principle has received the following illustrations from transactions with the Government of India.

The Government of India Act, 1858, s. 55, prescribes that Indian the revenues of India shall not be applied to expeditions guarantees.

revenue

1 330 H. D. 3 s. 1550.

? 147 ib. 1220. Similarly in 1903 in committee on the Ireland Develop ment Grant Bill, which had been brought in upon a resolution making the grant a charge upon the Consolidated Fund, amendments were introduced providing that the grant should be paid in each year out of money to be provided by Parliament.

3 175 ib. 83.

- Postage Bill, 1840; Parcel Post Bill, 1882, &c. See also resolution in case of Electric Telegraphs Bill, 123 C. J. 350.

5 117 C. J. 90.

6 Newborough Church Bill, 1 Will. IV. c. 59; Hainault Forest Bill, 1851; Pimlico Improvement Bill, 1852; Sunk Island Roads Bill, 1852; Whychwood Forest Bill, 1853.

? 126 Parl. Deb. 4 s. 235.

Part I.

beyond the frontiers, without the consent of both houses Chapter
of Parliament; and if the resolution whereby this con. -
sent is given follows the directions of the Act, and is
unaccompanied by a guarantee upon the exchequer, the
resolution is exempt from the operation of the standing
orders, and can be considered by the House of Lords
without a previous communication from the Commons."
The resolution, however, which, in 1867, was submitted to
Parliament to empower the employment of Indian native
forces in the Abyssinian War, was accompanied by a pro-
vision that the contingent charges, which might arise out
of the expedition, should be defrayed by the exchequer.
The resolution approving that application of the Indian
revenues, as it was accompanied by that proviso, was con-
sequently moved upon recommendation from the Crown,
and was referred to a committee; and as the initiative in
the imposition of charges rests with the Commons, the
resolution was subsequently communicated to the Lords,
and their concurrence obtained. The same question arose
during the session 1885, when the consent of Parliament
was sought to the employment of the Indian native forces
upon an expedition into the Soudan and Nubia : but on
this occasion it was held that the resolution was not
brought by that proviso within the scope of the standing
orders, because it created only an indirect liability, which
could not arise unless the contingency creating such liability
took place, and a grant was voted by Parliament towards
the expenses of the expedition. The resolution was there-
fore considered with the Speaker in the chair, and was sub-
mitted directly to the Lords without previous communi-

cation from the Commons.
Addresses Grants needing no royal recommendation. A grant of
for public
money.

e public money can be obtained, not only without a previous

signification of the royal recommendation, but against the

Afghan War, 134 C. J. 23; 111 L. J. 13; Egyptian and Burmese Expeditions, 137 O. J. 416; 141 ib. 57; Tibet Political Mission, 159 ib.

120.

? 123 C. J. 15. 18. 26; 100 L. J. 14.

s 140 C. J. 89.

nesses, p. 426.

Chapter wish of the ministers of the Crown, by a motion, made in 1. accordance with the provisions of standing orders Nos. 69 S. O. 69,

71, AppenPart I. and 71, for the appointment of a committee of the whole dis 1. Charges not subsect house, upon a future day, to consider a resolution for an to the royal address to the Crown, asking for the issue of a sum of recome mendation, money for the purposes therein assigned, concluding with p. 598.

an assurance," that this house will make good the same; ” 1
procedure to which resort is made on occasions when a
public monument to a deceased statesman is desired. If
a motion for an address for public money is submitted to
the house in any other manner, the Speaker declines to
propose the question to the house, 3—a rule which has been

held to apply to an address to the Crown to offer a reward See wit- for the apprehension of a witness who had absconded,' and

to an address for the issue of gun-metal to be cast into
a statue of a distinguished soldier. 5
To a certain extent, evasions are, by usage, permitted of Methods of

advocating the restriction imposed by the standing orders upon pro- public er: posals for the expenditure of public money. Bills devising penditure.

a large scheme for public expenditure, accompanied by Bills pro- provisions for the application of the same, have been cedure, see p. 458. brought in upon motion, the money clauses being printed

in italics. In such cases, the principle of the bill is

1 83 C. J. 456; 95 ib. 474 (Church moved in the house in this form Extension); 96 ib. 57; 98 ib. 415 without a preliminary committee, (Danish Claims); 174 H. D. 3. s. 139 C. J. 72 &c. 1922; 29th April, 1864 (Mr. Bewicke's ? Sir R. Peel, 1850, 105 ib. 512; case). On 21st May, 1811, the Com. Viscount Palmerston, 1866, 121 ib. mons addressed the Prince Regent 100; Earl of Beaconsfield, 1881, 136 to pay Mr. Palmer's arrears of per. ib. 230; Mr. Gladstone, 1898, 153 ib. centage, amounting to 54,0001. The 224; Marquis of Salisbury, 159 ib. Lords took notice of this vote for 198. Addresses for monuments to payment of a debt, which they Lord Chatham in 1778, and Mr. Pitt had denied to be due. The Prince in 1806, were voted without a comRegent returned an answer declining mittee, being before the date of the to issue the money, being the first standing order. instance of the kind. A motion by 3 98 ib. 321 (Danish Claims), 16th Mr. Whitebread to censure ministers July, 1861, 164 H. D. 3 s. 997. for this answer was negatived, 66 St. Alban's case, 1851, 106 O. J. C. J. 357. 383; 20 H. D. 1 s. 343; 189. 2 Lord Colchester's Diary, 152, 332. 125 ib. 355. 362. The address to the Crown praying Lord Geo. Bentinck's Railways for some signal mark of royal favour (Ireland) Bill, 4th Feb. 1847; on behalf of a retiring Speaker is Electric Telegraphs Bill, 1st April,

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