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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
reported that none of the standing orders relative to
private bills were applicable to it;? and in 1883, another
bill, founded upon this precedent, was introduced as a
public bill.3 In 1871, the Court of Hustings (City of
London) Bill, which established a court having jurisdiction
over the metropolis, was brought in as a private bill: but,
notice being taken of the extent and public importance of
the measure, it was withdrawn. In 1881, and again in
1882 and 1883, the Parochial Charities (London) Bill was
brought in as a public bill and treated as a “hybrid” bill;
whilst in 1882 another bill with the same object, promoted
by trustees and others interested, was brought in as a
private bill."

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.

or Dublin.

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
of 1847 and 1896 (brought in by the
Government), were respectively
passed as public and hybrid bills.
The abolition of the annuity tax in
Edinburgh has been proposed in
public (hybrid) bills introduced by
the Government (112 C. J. 298.
302; 108 ib. 612. 613. 630), and also
in a private bill (107 C. J. 48. 147).
The Edinburgh Municipal and Police
Acts of 1879, 1882, and 1891, were
passed as private bills, and the
Dublin Police Acts (1824 and 1867)
as public bills. Legislation for the
port of Dublin, formerly effected by
public bills (6 & 7 Will. IV. c. 117;
1 & 2 Vict. c. 36; 17 & 18 Vict. c.
22), has more recently been proposed
in private bills (Dublin Port and
Docks Act, 1898; Dublin Port and
Docks Board Act, 1902); while
legislation regarding the collection
of rates in Dublin has been proposed
both in a public bill (Collection of
Rates (Dublin) Act, 1849) and in a
private bill (Dublin Corporation
Bill, 1850 ; 105 C. J. 329. 365). The

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
only these four harbours came under its operation. And,

in 1861, the Harbours Bill was introduced and passed as
· a public bill. It affected the same four harbours, and the

local Acts under which they were administered, but other-
wise dealt with so many matters of general legislation, as

to be unquestionably a measure of public policy.
Bills Bills relating to the administration of justice and various
to adminis- public jurisdictions have often been treated as public bills:3

* but frequently they have been solicited, by the promoters,
justice,
public as private bills. On 10th March, 1868, exception was taken
tions, &c. to the Salford Hundred and Manchester Courts of Record

Bill, on the ground that it ought to have been introduced
as a public bill: but it was shown by the chairman of
ways and means that the rules and precedents of the
house justified its introduction as a private bill.

tration

jurisdic

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,

59).

Chapter
XXV.

definite

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

monu

ents in

1 2 & 3 Vict. cc. 87. 88. 95.
2 50 H. D. 3 s. 141.
3 109 C. J. 90.
+ 177 H. D. 3 s. 653.
5 120 C. J. 92.

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
colleges,
&c.

public bill for effecting the same object was passed by both
houses.2 In 1905, a public bill—the Churches (Scotland)
Bill—was introduced by the Government to provide for
the allocation, between the Free Church and the United
Free Church, of properties belonging to the former. It
was a measure of general interest and of general applica-
tion; but as it affected the property of individuals, it was
referred to the Examiners. They held, however, that the
Standing Orders relating to Private Bills were not applic-
able to it; and it proceeded, and was passed, as a public
bill.3

In 1888, the Keble College Bill was thrown out, on third
reading, on the ground that it was inexpedient to extend
by a private bill, to a college exceptionally constituted, the
exemption from the Mortmain Acts which was enjoyed by
other colleges at Oxford and Cambridge. In the same
session the public Act consolidating the law relating to
Mortmain and to the disposition of land for Charitable
Uses was passed : 5 by amendments made during its
passage, both Keble College and the Victoria University
were included among the bodies for whom a special
1 218 H. D. 3 s. 574; 223 ib. should be recommitted to a com-

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.

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Chapter exemption was provided ;? and other bodies have since

been added, by private bills, to the number of those to
whom this exemption extends.3
The distinction between two bills, of apparently the Bills,

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

ivate.

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
& 5 Vict. c. 39. s. 13; the University
College London(a private) Bill, 1869
(32 & 33 Vict. c. xxiii. s. 4); and 324
H. D. 3 s. 1689.

See also Newcastle Chapter Bill,
1884.

• See also Burnley Rectory Bill, 1890; Hanover Chapel Bill, and Handsworth (Staffordshire) Rectory Bill, 1891.

5 127 C. J. 156. 157. 189. 198.

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