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THE MANNER OF PASSING PRIVATE BILLS.
XXV. PRELIMINARY VIEW OF PRIVATE BILLS.
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
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
· 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.
Chapter scope or objects, or from the principles involved in them,
they should have been introduced as public bills. The
Bills which are brought in by the government (dealing, Bills
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
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
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
Duties Bill, 1851; London Bridge
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
London (Various Powers) Bill, 1900;
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.