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Chapter as a private bill: but the deputy Speaker pointed out that
the bill had been referred to the Examiners, who had
Bills concerning Edinburgh or Dublin have also been Bills public or private, according to their objects, and the cir- Edinburgh cumstances connected with their introduction.
1 Cf. as to the Examiners, supra p. 468, and infra Chap. XXVI.
2 125 C. J. 83. 104; 202 H. D. 3 s. 740.
3 London Brokers' Relief Act 1870 Repeal Bill, 138 C. J. 12. 105.
+ 204 H. D. 3 s. 1500; 126 C. J. 103. In 1864 the Weighing of Grain (Port of London) Bill was held to be properly a public bill as affecting an extensive area and a vast population, and its object being to substitute weighing for measurement of grain in conformity with a public Act of the same session (176 H. D. 3 s. 171). But in 1872 and in 1877 measures regulating the metage of grain in the Port of London were passed as private bills. In 1879 the London (City) Tithes Bill was a private Bill.
s London Parochial Charities Bill, 137 C. J. 28.
6 The Edinburgh Municipality Act, 1856, Edinburgh Improvement Act, 1876, and Edinburgh Extension Act, 1896, for example, were passed as private bills. The Edin
burgh General Register House Acts
Bills treated as
In 1856, the Local Dues on Shipping Bill was held to Chapter
XXV. publied as be properly a public bill. It proposed to abolish passing measures, tolls, to transfer the harbours of Dover, Ramsgate, Whitby, actually and Bridlington to the Board of Trade, to impose rates, applicable to few and to repeal local acts. Being a measure of general localities.
policy, its character was not changed by the fact that
in 1861, the Harbours Bill was introduced and passed as
local Acts under which they were administered, but other-
to be unquestionably a measure of public policy.
* but frequently they have been solicited, by the promoters,
Bill, on the ground that it ought to have been introduced
Dublin City (Highways) Bill, 1882, 1832; Dublin Sessions Act, 1843; was brought in as a public, and Buckingham Summer Assizes Act, treated as & hybrid, bill (137 C. J. 1849; Newgate Gaol (Dublin) Act, 75, &c.). The Dublin (South) City 1849; Sheriff and Commissary Market Act, 1876, the Dublin Cor Courts (Berwickshire) Act, 1853; poration (Markets) Act, 1899, and Cinque Ports Acts, 1855 and 1857; the Dublin Corporation Acts, 1893, Falmouth Quarter Sessions and 1897, and 1900, were passed as pri. Gaol Act, 1865; Sussex County Busivate bills.
ness and Quarter Sessions Act, 1865; 1 111 C. J. 17. 72. In 1899 a Chester Courts Act, 1867; Glasgow private bill was introduced dealing Boundary Act, 1871; Bath Prison with the rates levyable by certain Act, 1871; and the Berwickshire harbour, dock, and other authorities County Town Act, 1903, were passed in different parts of the country; as public bills. The Belfast Munibut the Chairman of Committees in cipal Boundaries Act, 1853 ; County the House of Lords considered that of Hertford and Liberty of St. Alban's this object ought to be attained Act, 1874; and County of Suffolk either by a public bill or by separate Act, 1904, were brought in as public private bills applying severally to bills, but otherwise treated as hybrid the various ports, &c., and the bill bills. was not proceeded with (131 L.J. Staffordshire Potteries Stipen
diary Justices Acts, 1839, 1871, and ? 24 & 25 Vict. c. 47.
1895. 3 The King's County Assizes Act,
In 1839, three measures were passed, as public bills, for Bills
in ons relating to improving the police in Manchester, Birmingham, and be Bolton, the provisions being compulsory upon those towns, ed
” licensing, in the interest of public order, and the chief commissioners &c., in a of police being appointed by the Crown. In 1854, the locality or Manchester Education Bill was introduced as a private bill: area. but on the second reading an amendment was carried, declaring the subject to be one which ought not, at the present time, to be dealt with by any private bill.3 In 1865, a private bill was brought in to alter the licensing system at Liverpool. It was objected that as this bill proposed to deal with the public revenues, it ought not to have been introduced as a private bill: but as the bill was strictly local, and as the clauses relating to licence duties were printed in italics and reserved for the consideration of a committee of the whole house, it was held that the bill was not open to any technical objection requiring its withdrawal. On the second reading, however, an amendment was carried, to the effect that the granting of licences for the sale of intoxicating liquors was a subject which ought not, at present, to be dealt with by any private bill.5 Bills relating to the sale of intoxicating liquors on Sunday, in particular counties, have been introduced and treated as public bills. In 1873, a public bill was introduced, for the protection Bill
affecting and preservation of certain ancient monuments, in various ancient parts of the country, the monuments in question being enumerated in the schedule to the bill.? Objections were various
places. raised that, as the bill affected the property of persons upon whose lands those monuments were situated, it should have been brought in as a private bill: but its nature and objects were obviously of a public character, and it concerned too many counties and localities to be treated as a private bill; nor were any of its objects such
1 2 & 3 Vict. cc. 87. 88. 95.
6 Cornwall, 1882 and 1883; Dur. ham, Yorkshire, Isle of Wight, Northumberland, 1883.
Ancient Monuments Bill, 128 C. J. 11. 13. 191, &c.
as are contemplated by the standing orders, or referred to Chapter
XXV. in them.' Bills In 1871, a bill for regulating the management of certain concerning the pro-*** trust properties of the Presbyterian Church of Ireland was perty or introdsend :
introduced into the House of Lords as a private bill : but powers of " religious objection being taken to legislation upon such a subject by communi
means of a private bill, the bill was withdrawn, and a
public bill for effecting the same object was passed by both
In 1888, the Keble College Bill was thrown out, on third
mittee of the whole house, which ? 34 & 35 Vict. c. 24; 204 H. D. was accordingly done (103 C. J. 782). 3 s. 1968. In the same session, the Cf. also East India Railway Bill, like proceedings occurred in the case 1879 (Special Report (H. C. No. 226) of a bill to regulate the proceedings of Select Committee; 134 C. J. 308. and powers of the Primitive Wes 310; and 247 H. D. 3. s. 1081). leyan Methodist Society of Ireland 3 5 Edw. VII. c. 12; 160 C. J. 248. (34 & 35 Vict. c. 40).
259. In 1848, the committee on the 4 143 C. J. 165. 166; 324 H. D. 3 s. Farmers' Estate Society (Ireland) 1687 et seq. Bill reported that, as the bill ap 5 Mortmain and Charitable Uses peared to them to involve important Act, 1888 (51 & 52 Vict. c. 42); 322 considerations of public policy, it H. D. 3 s. 1597; 324 ib. 147.
Chapter exemption was provided ;? and other bodies have since
been added, by private bills, to the number of those to
apparently same character, is sometimes sufficient to constitute one a similar, public, and the other a private, bill. Thus, in 1855, the tively Carlisle Canonries Bill, which suspended the appointment nee
as public to the next vacant canonry, and directed the ecclesiastical and commissioners to pay the income to the augmentation of " certain livings at Carlisle, was treated as a public bill, as it related to the ecclesiastical commissioners—a public body holding certain church funds in trust for public purposes prescribed by law—and merely diverted the application of some of these funds from one purpose to another.3 On the other hand, the South Shields Parochial Districts Bill was held to be a private bill, as it sought to appropriate to local purposes (viz. the increase of certain small livings at South Shields) a sum of 15,0001. to which the dean and chapter of Durham had become entitled by the sale of lands for the execution of certain public works. In 1872, a bill to vest the Rock of Cashel, and the buildings and ruins thereon, in trustees, was brought in as a public bill, but, on its being referred to the examiners, it was held to be a private bill. In the following year, another bill, for the same objects, but empowering the church temporalities commissioners and the secretary to the commissioners of public works in Ireland, with the consent of the lord-lieutenant, to transfer and assign the rock and buildings to trustees, was similarly introduced and was held
151 & 52 Vict. c. 42. s. 7; 330 H. D. 3 s. 380. 382. 437.
? Liverpool University Act, 1903 (3 Edw. VII. (Local and Personal) c. ccxxxii. s. 12); University of Leeds Act, 1904 (4 Edw. VII. C. xxxv. s. 10); University of Sheffield Act, 1905 (5 Edw. VII. c. clii. s. 9). As to exemptions from the Mortmain Acts provided for previous to the consolidating Act of 1888 (51 & 52 Vict. c. 42. s. 13 and sched.), see the
Act 9, Geo. II. c. 36. s. 4; the Act 4
See also Newcastle Chapter Bill,
• See also Burnley Rectory Bill, 1890; Hanover Chapel Bill, and Handsworth (Staffordshire) Rectory Bill, 1891.
5 127 C. J. 156. 157. 189. 198.