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BOOK III.

THE MANNER OF PASSING PRIVATE BILLS.

CHAPTER XXV.

Chapter

XXV. PRELIMINARY VIEW OF PRIVATE BILLS.

Table of

Contents, Distinctive Bills for the particular interest or benefit of any person see Introcharacter

duction, of private or persons, are treated, in Parliament, as private bills. bills.

Whether they be for the interest of an individual, of a
public company or corporation, or of a parish, city,
county, or other locality, they are equally distinguished
from measures of public policy; and this distinction is
marked, in the very manner of their introduction. Every
private bill is solicited by the parties themselves who are
interested in promoting it, being founded upon a petition
which must be duly deposited in accordance with standing

order.
Difficulty But while the distinction between public and private bills
of deter-
mining may be thus generally defined, considerable difficulties often

y arise in determining to which description particular bills bills should properly belong. Thus, upon a public bill, the question or private, not infrequently arises of whether it ought not more pro

perly to have been introduced as a private bill. And
private bills have often been objected to, and have been
debarred from proceeding, on the ground that, from their

whether certain

be

· Infra p. 693. For cases of urgent necessity, where an exception has been made and a private bill has been brought in otherwise than upon petition, see p. 722.

3 80 C. J. 490 and 491. And cf. the proceedings upon the Waterford Infirmary Bills 1895 and 1896 (150 O. J. 107, 110; 151 ib. 32. 55. 116;

37 Parl. Deb. 4 s. 1050) and infra p. 676 note 2 (Metropolitan, and London City, Police Bills 1863 and 1874); p. 676 (Brokers (City of London) Bill 1870); p. 679 notes 1 and 7 (Manchester Police Bill, 1839, and Ancient Monuments Bill, 1873); pp. 681 note 5, 682 note 1; etc.

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Chapter scope or objects, or from the principles involved in them,

they should have been introduced as public bills. The
following examples serve to show what course has been
adopted in various cases of this kind, whether on a public
or on a private bill. It has already been explained that
there are certain bills—clearly belonging, in part, to both
descriptions—that are regularly recognized as “hybrid”
bills : they are those bills which, though brought in as
public bills, are referred before their second reading to the
Examiners and are proved to affect private rights and to
be within the application of the Standing Orders relative to
Private Bills. The special procedure which is adopted in
their case, and which is itself of a hybrid character, has
already been fully described (supra, p. 468).

Bills which are brought in by the government (dealing, Bills
with Crown property, or with national and other works

j brought in in different localities, &c.), and which affect private in ment for terests, are introduced as public bills, and subsequently poses, &c. treated as hybrid bills.?

A bill relating to a city is usually held to be a private Bills conbill. But, owing to the large area, the number of parishes, meti

cerning the the vast population, and the variety of interests concerned, generally. bills which affect the entire metropolis have, as a rule, been regarded as measures of public policy rather than of local interest; and although a bill affecting the metropolis generally is not necessarily introduced as a public bill,

i Public Offices Site Bill, 1882; Forest of Dean Highways, New Forest Highways, Isle of Wight Highways Bills, 1883; Hyde Park Corner (New Streets) Bills, 1883, 1884, 1886; Waltham Abbey Gun. powder Bill, 1889; Aldershot Roads Bill, 1890; Dublin Barracks Improvement Bill, 1892; Public Offices (Whitehall) Site Bill, and Patent Office Extension Bill, 1897; London Water Bill, 1902; Osborne Estate Bill, 1902; Port of London Bill, 1903. (And cf. p. 882, note 5.)

? Mr. Speaker Peel, 14th Feb. 1895, 30 Parl. Deb. 4 s. 708-9. The

Thames Conservancy Bills of 1857, 1894 and 1905, were introduced and passed as private bills. In 1877, the Thames River Prevention of Floods Bill (to amend the Metropolis Management Act, 1855) was introduced as a public bill, and (although not passed) was dealt with as a hybrid bill; but in 1879 a similar bill for the same purpose was brought in as a private bill (134 C. J. 39 Asi and passed. In 1881, the Thames Navigation Bill and, in 1882, the Metropolis Management and Floods Prevention Bill were introduced as private bills; but the latter

Council

such bills have usually been so introduced and have either Chapter

XXV. proceeded throughout as public bills 1 or been dealt with Bills pro- as hybrid bills. Since 1874, bills for giving further moted by London powers to the Metropolitan Board of Works and to its County

1. successor, the London County Council, chiefly in respect 8. 0. 194 of new streets and other local improvements, have been to 194 E. (H. C.)

6. introduced and passed as private bills. With regard to

bills promoted by the London County Council which contain power to raise money by the creation of stock or on loan, standing order No. 1944 (which was first passed in 1876 5 and has since been largely amended 6) requires that-although treated in their committee stage in like manner as private bills—they “shall be introduced as public bills;” but from this requirement such extensive exemptions are also provided for by the order in its present form, that the number of bills which, under its operation, are required to be introduced as public bills is now materially narrowed. The procedure, however, with was afterwards consolidated with a tropolis Water Supply and Fire public bill, and the former, on ex- Prevention Bill, 1874 ; Metropolitan ception being taken to it as a private Toll Bridges Bill, 1877; Thames bill, was withdrawn, and a public Steam Navigation Bill, 1880; Metrobill introduced. As to the London politan Waterworks Purchase Bill, Streets and Buildings Bill, 1894, 1880; Hyde Park Corner (New which was introduced and passed as Streets) Bill, 1883; Metropolis a private bill, cf. infra, p. 675 Water Supply Bill, 1891; Water(bills promoted by the London men's and Lightermen's Company County Council) and p. 683, note 2. Bill, 1892. And cf. 106 C. J. 191;

1 Metropolis Police Bills, 1828 133 ib. 13; 148 ib. 487. 492; 150 ib. and 1839; Metropolitan Police 21. 44. Courts Bills, 1839, 1840; Metro- 3 129 C. J. 26; 130 ib. 19, &c.; politan Sewers Bills, 1848 and 1854; London Subway, &c., Bill, 1890; Main Drainage of the Metropolis London County Council (General Bill, 1858; Annoyance Juries Powers) Bills, 1890 to 1892; London (Westminster) Bill, 1861; Metro. Sky Signs Bill, and London Overpolis Local Management Bill, 1855; head Wire Bill, 1891; etc. Metropolis Management and Build The numbers quoted are those ings Act Amendment Bills, 1875 to of the (House of Commons) standing 1890; Racecourses (Metropolis) Bill, orders, relative to Private Business, 1879; Public Health (London) Bill, of 1906. In the House of Lords, 1891 ; Public Health (London) Act standing order No. 69, corresponds 1891 Amendment Bill, 1893; Lon- to standing order No. 194 (H. C.). don Government Bill, 1899.

5 131 C. J. 405. 408; and Report * Metropolis Water Supply Bills of Select Committee (1876) on 1851, 1852, and 1878; Thames Em. Standing Orders Revision (H, C. bankment Bills, 1862, 1863; Me. No. 404, 1876), p. 53. tropolis Gas Bills, 1867, 1876; Me- 146 C. J. 369, 370; 148 C. J. 522.

Chapter regard to all bills, promoted by the London County

_ Council, involving the borrowing or expenditure of money

is regulated by this standing order, No. 194, and by the
five further standing orders, Nos. 1941 to 194E, which
were passed in 1891. And, stated generally, it may be
said that all the ordinary bills of the London County
Council are introduced as private bills, but that in cases
where it might be necessary to apply for powers incon-
sistent with the exempting conditions of standing order
No. 194, or with the limitations of standing orders Nos.
194 to 1945, the procedure should be by public bill. On
the 9th February, 1893, the Speaker ruled that the
London Owners Improvement Rate or Charge Bill should
be introduced as a public bill, on the ground that the
interests involved were too vast and the terms of the
standing order too specific to admit of its introduction as
a private bill; but on the 14th April following he ruled
that the London Improvements Bill might be introduced
as a private bill, inasmuch as, in view of the exceptions
in standing order No. 194, the bill as a whole need not
be introduced as a public bill, and the clause in it for
raising further money under a new principle, i.e. “better-
ment,” to which objection was taken, might be dealt with
on a later stage of the bill.3

Bills concerning only the City of London have generally Bills conbeen private bills solicited by the corporation itself, which City of desired special legislation affecting its own property, London. interests, and jurisdiction. Thus even the bill for

? For the special provision which breach of Standing Order 194, so
is made respecting the dates for committed, could not be cured by
notices and deposits in connection moving that the Standing Order be
with certain of the private bills suspended and the bill be read a
promoted by the London County second time.
Council, vide S. Os. 194B (H. C.) 38 Parl. Deb. 4 s. 856 ; 11 ib. 310.
and 69B (H. L.) and infra p. 693 - City Small Debts Bills, 1847 and
(petition for bill), pp. 721. 723 (pre- 1848; City Elections Bill, 1849; Coal
sentation of bill).

Duties Bill, 1851; London Bridge
2 In 1899, the London Water Approaches Bill, and City of London
(Finance) Bill, which should have School Bill, 1879; London (City)
been thus introduced, was intro. Lands Bill, 1881; City of London
duced as a private bill, and Mr. Fire Inquests Bill, 1888; City of
Speaker ruled (27 April) that the London Sewers Bill, 1897; City of

establishing a police force within the city was brought in Chapter upon petition, and passed as a private bill ;' and in 1863, when it was sought to repeal this Act by a public bill (for the amalgamation of the city and metropolitan police) without the notices required in the case of a private bill, the bill was not permitted to proceed. Private bills also have been solicited for the reform of the corporation itself ; 3 while measures for the same object have been proposed by the Government in public bills. Again, the corporation and other parties sought, by means of private bills, to improve Smithfield Market, or to provide a suitable market for cattle ;5 but the Metropolitan Cattle Market was established by an Act which was brought in by the Government as a public bill and subsequently treated as a “hybrid” bill. This Act, however, was amended in 1875, by a private Act;? and the Metropolitan Cattle Market Bill in the same year was also treated as a private bill. Other bills, again, concerning the City of London, but at the same time affecting public interests, and involving considerations of public policy, have been introduced and passed as public bills. In 1870, on the second reading of the Brokers (City of London) Bill, objection was taken that it ought to have been brought in

XXV.

London (Various Powers) Bill, 1900;
London Bridge Widening Bill, 1901 ;
City of London (Streets) (Public
Health) Bill, 1902.

i London City Police Bill, 1839; 94 C. J. 175.

• 118 C. J. 173. 176, 195. 211. Cf. also the London City Police Bill, 1874 (a private bill), 129 C. J. 33.

3 104 C. J. 15 ; 107 ib. 57; 119 H. D. 3 s. 1035.

+ London Corporation Bills, 1856, 1859, 1860 (111 C. J. 114, and 141 H. D. 3 s. 314; 114 C. J. 253, and 154 H. D. 3 s. 946; 115 C. J. 28, and 156 H. D. 3 s. 282). These bills were not proceeded with.

5 103 C. J. 176; 106 ib. 22. 26. 6 106 C. J. 66, &c.

? Metropolitan Central Markets (Smithfield) Bill.

8 Both these bills were promoted by the Corporation (130 C. J. 11). The London Riverside Fish Market Bill, 1882, and the following Bills (promoted by the Corporation) were also private bills: Metropolitan Markets Fish, etc., Bill, 1882, and bills (introduced in 1901 and 1902) for the acquisition of the London Riverside Fish Market and of Spital. fields Market.

o Coalwhippers (Port of London), 1843, 1846, and 1851; Vend and Delivery of Coals in London and Westminster, 1845. (There was also a private bill in the same year.) Bal. last-heavers (Port of London), 1852; Coal and Wine Duties Continuance, 1861, 1863, 1868; and Coal and Wine Duties Abolition, 1889, 336 H. D. 3 s. 701.

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