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XXV.

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; 2 and in 1883, another bill, founded upon this precedent, was introduced as a public bill. 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was brought in as a private bill: but, notice being taken of the extent and public importance of the measure, it was withdrawn.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.5

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.6

1 Cf. as to the Examiners, supra p. 468, and infra Chap. XXVI.

2125 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.

$ London Parochial Charities Bill, 137 C. J. 28.

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

concerning

or Dublin.

Bills

treated as

to few localities.

XXV.

In 1856, the Local Dues on Shipping Bill was held to Chapter public be properly a public bill. It proposed to abolish passing measures, tolls, to transfer the harbours of Dover, Ramsgate, Whitby, although actually and Bridlington to the Board of Trade, to impose rates, applicable and to repeal local acts. Being a measure of general policy, its character was not changed by the fact that only these four harbours came under its operation.1 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 otherwise dealt with so many matters of general legislation, as to be unquestionably a measure of public policy.

Bills relating

tration of

justice, public jurisdic

tions, &c.

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, as private bills. On 10th March, 1868, exception was taken 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.

Dublin City (Highways) Bill, 1882,
was brought in as a public, and
treated as a hybrid, bill (137 C. J.
75, &c.). The Dublin (South) City
Market Act, 1876, the Dublin Cor-
poration (Markets) Act, 1899, and
the Dublin Corporation Acts, 1893,
1897, and 1900, were passed as pri-
vate bills.

1 111 C. J. 17. 72. In 1899 a
private bill was introduced dealing
with the rates levyable by certain
harbour, dock, and other authorities
in different parts of the country;
but the Chairman of Committees in
the House of Lords considered that
this object ought to be attained
either by a public bill or by separate
private bills applying severally to
the various ports, &c., and the bill
was not proceeded with (131 L. J.
59).

224 & 25 Vict. c. 47.

The King's County Assizes Act,

1832; Dublin Sessions Act, 1843;
Buckingham Summer Assizes Act,
1849; Newgate Gaol (Dublin) Act,
1849; Sheriff and Commissary
Courts (Berwickshire) Act, 1853;
Cinque Ports Acts, 1855 and 1857;
Falmouth Quarter Sessions and
Gaol Act, 1865; Sussex County Busi-
ness and Quarter Sessions Act, 1865;
Chester Courts Act, 1867; Glasgow
Boundary Act, 1871; Bath Prison
Act, 1871; and the Berwickshire
County Town Act, 1903, were passed
as public bills. The Belfast Muni-
cipal Boundaries Act, 1853; County
of Hertford and Liberty of St. Alban's
Act, 1874; and County of Suffolk
Act, 1904, were brought in as public
bills, but otherwise treated as hybrid
bills.

Staffordshire Potteries Stipen-
diary Justices Acts, 1839, 1871, and
1895.

Chapter
XXV.

relating to

licensing,

definite

area.

In 1839, three measures were passed, as public bills, for Bills improving the police in Manchester, Birmingham, and police, Bolton,' the provisions being compulsory upon those towns, education, 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: 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. 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.6

monu

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 ments in 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.

250 H. D. 3 s. 141.

3 109 C. J. 90.

4 177 H. D. 3 s. 653.

5 120 C. J. 92.

• Cornwall, 1882 and 1883; Durham, Yorkshire, Isle of Wight, Northumberland, 1883.

7 Ancient Monuments Bill, 128 C. J. 11. 13. 191, &c.

Bills concerning the pro

powers of

communi

as are contemplated by the standing orders, or referred to Chapter in them.1

In 1871, a bill for regulating the management of certain trust properties of the Presbyterian Church of Ireland was perty or introduced into the House of Lords as a private bill: but religious objection being taken to legislation upon such a subject by ties, means of a private bill, the bill was withdrawn, and a colleges, public bill for effecting the same object was passed by both &c. houses. 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 application; 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 applicable to it; and it proceeded, and was passed, as a public bill.8

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. 879.

234 & 35 Vict. c. 24; 204 H. D. 3 s. 1968. In the same session, the like proceedings occurred in the case of a bill to regulate the proceedings and powers of the Primitive Wesleyan Methodist Society of Ireland (34 & 35 Vict. c. 40).

In 1848, the committee on the Farmers' Estate Society (Ireland) Bill reported that, as the bill appeared to them to involve important considerations of public policy, it

should be recommitted to a com-
mittee of the whole house, which
was accordingly done (103 C. J. 782).
Cf. also East India Railway Bill,
1879 (Special Report (H. C. No. 226)
of Select Committee; 134 C. J. 308.
310; and 247 H. D. 3. s. 1081).

35 Edw. VII. c. 12; 160 C. J. 248.
259.

143 C. J. 165. 166; 324 H. D. 3 s. 1687 et seq.

5 Mortmain and Charitable Uses Act, 1888 (51 & 52 Vict. c. 42); 322 H. D. 3 s. 1597; 324 ib. 147.

XXV.

Chapter exemption was provided; and other bodies have since XXV. been added, by private bills, to the number of those to whom this exemption extends.2

respec

as public

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 regarded to the next vacant canonry, and directed the ecclesiastical and private. 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 15,000l. 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.5 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

51 & 52 Vict. c. 42. s. 7; 330 H. D. 3 s. 380. 382. 437.

2 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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