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Contents,

Distinctive BILLS for the particular interest or benefit of any person see Intro

character

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

bills.

Difficulty of determining whether

certain

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.1

But while the distinction between public and private bills
may be thus generally defined, considerable difficulties often
arise in determining to which description particular bills
bills should properly belong. Thus, upon a public bill, the question
be public
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

1 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.

2 80 C. J. 490 and 491. And cf. the proceedings upon the Waterford Infirmary Bills 1895 and 1896 (150 C. 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.

duction.

XXV.

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 by govern brought in in different localities, &c.), and which affect private in- ment for local purterests, are introduced as public bills, and subsequently poses, &c. treated as hybrid bills.1

cerning the

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, metropolis 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,2

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.)
2 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 intro-
duced as a public bill, and (although
not passed) was dealt with as
hybrid bill; but in 1879 a similar
bill for the same purpose was brought
in as a private bill (134 C. J. 39. 68)
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

Bills pro-
moted by
London
County
Council.

S. O. 194

to 194 E.

(H. C.)

XXV.

such bills have usually been so introduced and have either Chapter
proceeded throughout as public bills or been dealt with
as hybrid bills. Since 1874, bills for giving further
powers to the Metropolitan Board of Works and to its
successor, the London County Council, chiefly in respect
of new streets and other local improvements, have been
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 18765 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
public bill, and the former, on ex-
ception being taken to it as a private
bill, was withdrawn, and a public
bill introduced. As to the London
Streets and Buildings Bill, 1894,
which was introduced and passed as
a private bill, cf. infra, p. 675
(bills promoted by the London
County Council) and p. 683, note 2.
1 Metropolis Police Bills, 1828
and 1839; Metropolitan Police
Courts Bills, 1839, 1840; Metro-
politan Sewers Bills, 1848 and 1854;
Main Drainage of the Metropolis
Bill, 1858; Annoyance Juries
(Westminster) Bill, 1861; Metro-
polis Local Management Bill, 1855;
Metropolis Management and Build-
ings Act Amendment Bills, 1875 to
1890; Racecourses (Metropolis) Bill,
1879; Public Health (London) Bill,
1891; Public Health (London) Act
1891 Amendment Bill, 1893; Lon-
don Government Bill, 1899.

2 Metropolis Water Supply Bills
1851, 1852, and 1878; Thames Em-
bankment Bills, 1862, 1863; Me-
tropolis Gas Bills, 1867, 1876; Me-

tropolis Water Supply and Fire
Prevention Bill, 1874; Metropolitan
Toll Bridges Bill, 1877; Thames
Steam Navigation Bill, 1880; Metro-
politan Waterworks Purchase Bill,
1880; Hyde Park Corner (New
Streets) Bill, 1883; Metropolis
Water Supply Bill, 1891; Water-
men's and Lightermen's Company
Bill, 1892. And cf. 106 C. J. 191;
133 ib. 13; 148 ib. 487. 492; 150 ib.
21. 44.

129 C. J. 26; 130 ib. 19, &c.;
London Subway, &c., Bill, 1890;
London County Council (General
Powers) Bills, 1890 to 1892; London
Sky Signs Bill, and London Over-
head Wire Bill, 1891; etc.

The numbers quoted are those of the (House of Commons) standing orders, relative to Private Business, of 1906. In the House of Lords, standing order No. 69, corresponds to standing order No. 194 (H. C.).

131 C. J. 405. 408; and Report of Select Committee (1876) on Standing Orders Revision (H. C. No. 404, 1876), p. 53.

146 C. J. 369. 370; 148 C. J. 522.

XXV.

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. 194A to 194E, which were passed in 1891.1 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 inconsistent with the exempting conditions of standing order No. 194, or with the limitations of standing orders Nos. 194 to 194E, 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. "betterment," to which objection was taken, might be dealt with on a later stage of the bill.3

cerning the City of

Bills concerning only the City of London have generally Bills conbeen private bills solicited by the corporation itself, which desired special legislation affecting its own property, London. interests, and jurisdiction.1

1 For the special provision which is made respecting the dates for notices and deposits in connection with certain of the private bills promoted by the London County Council, vide S. Os. 194B (H. C.) and 69B (H. L.) and infra p. 693 (petition for bill), pp. 721. 723 (presentation of bill).

2 In 1899, the London Water (Finance) Bill, which should have been thus introduced, was introduced as a private bill, and Mr. Speaker ruled (27 April) that the

Thus even the bill for breach of Standing Order 194, so committed, could not be cured by moving that the Standing Order be suspended and the bill be read a second time.

38 Parl. Deb. 4 s. 856; 11 ib. 310. • City Small Debts Bills, 1847 and 1848; City Elections Bill, 1849; Coal Duties Bill, 1851; London Bridge Approaches Bill, and City of London School Bill, 1879; London (City) Lands Bill, 1881; City of London Fire Inquests Bill, 1888; City of London Sewers Bill, 1897; City of

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XXV.

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.2 Private bills also have been solicited for the reform of the corporation itself; 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

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

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

2 118 C. J. 173. 176. 195. 211. Cf. also the London City Police Bill, 1874 (a private bill), 129 C. J. 33.

3104 C. J. 15; 107 ib. 57; 119 H. D. 3 s. 1035.

4 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.

$ 103 C. J. 176; 106 ib. 22. 26. 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 Spitalfields Market.

• 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.) Ballast-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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