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Chapter
XXVII.

These proceedings, in the case of a private bill, are taken at
the time of private business.

visions

land

etc.

In the Birkenhead Docks Bill, 1850, an arrangement And prohaving been made with the commissioners of woods and relating to forests for a payment out of the land revenues of the revenues of Crown, a resolution was agreed to, in the proper form, and the Crown, the bill recommitted to a committee of the whole house, with an instruction to make provision.1 In the case of the Forest of Dean Central Railway Bill, 1856, after the bill had been reported from the committee, a resolution was agreed to for an advance to the company out of the land revenues of the Crown; the bill was recommitted to a committee of the whole house, and an instruction given to make provision accordingly.2 In 1856 a petition, presented to the house, for leave to bring in a bill relating to a claim upon the Crown, was referred-the Queen's recommendation having been signified-to a committee of the whole house.3

tracts.

S.

In the case of any private bill by which it is intended to Bills reauthorize, confirm or alter any contract with a Govern- Government department, whereby a public charge has been or ment conmay be created, the chairman of ways and means is to s. o. 81. make a report to the house previously to the second reading; and his report, with a copy of the contract and of any resolution to be proposed thereon, is to be circulated with the votes two clear days before the consideration of the resolution in a committee of the whole house, which is not to take place till after the time of private business;

and Hirwain Junction Railway
(cancellation of bond), 1878, 133
C. J. 121. 133. 136. 146; Universal
Life Assurance Society (stamp
duties), 1900, 155 C. J. 122. 124. 127.
140; Great Indian Peninsula Rail-
way Company (annuities), 1900, 155
C. J. 238. 242. 248. 255. 300; Liver-
pool and London and Globe Insur-
ance Company (stamp duties) 1904,
159 C. J. 156. 160. 163. 183.

1 105 C. J. 369. 423.

2 111 C. J. 266. In 1882, the East

London Railway Bill, after having
been considered as amended, was
similarly recommitted to a com-
mittee of the whole house, with an
instruction to make provision pur-
suant to the resolution that had
been reported from the committee
on the East London Railway (re-
payment of deposits) and agreed to
by the house, 137 C. J. 242. 254.

3 Earl of Perth and Melfort's
Compensation Bill, 1856, 111 C. J.
241. 247. 254. 256. 311.

Proceed. ings before second

reading of

bill.

S. O. 204.

Notice of

second

nor is the report of the resolution to be considered till Chapter three clear days after the resolution has been agreed to.1

Between the first and second readings of a private bill there may not be less than three clear days, nor more than a private seven, unless the bill has been referred to the Examiners; in which case it may not be read a second time later than seven clear days after the report of the Examiner, or of the standing orders committee. The agent for the bill is required to give three clear days' notice in writing, at the Private Bill Office, of the day proposed for the second reading, and no such notice may be given until the day after that on which the bill has been ordered to be read a second time. If it should be afterwards discovered that such notice had not been duly given, the proceedings upon the second reading will be declared null and void.2

reading. S. O. 235.

Bill examined in Private

Bill Office.

S. O. 233.

Peers' names.,

Bills withdrawn.

Meanwhile the bill is in the custody of the Private Bill Office, where it is examined as to its conformity with the rules and standing orders of the house. The House of Commons will not allow peers to be concerned in the levy of any charge upon the people: but the relaxation of its privileges already alluded to 3 (in regard to clauses referring to tolls and charges for services performed, not being in the nature of a tax) has led to a considerable change in recent practice. By Mr. Speaker's order 1

3

"The clerks in the Private Bill Office are particularly directed to take care that in the examination of all private bills levying any rates, tolls, or duties on the subject, peers of Parliament, peers of Scotland, or peers of Ireland, are not to be inserted therein, either as trustees, commissioners, or directors of any company, except where such rates, tolls, or duties are made or imposed for services performed, and are not in the nature of a tax."

If the bill be improperly drawn, the order for the second reading is discharged, and the bill is withdrawn. If,

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XXVII.

XXVII.

introduced

drawn.

Chapter when a bill is withdrawn, leave is given to present another,1 And bills the bill so presented is distinguished from the first bill by in lieu of being numbered (2), and, having been read a first time, is bills withreferred to the Examiners of petitions for private bills. s. o. 72. Two clear days' notice is given of the examination, and 73. memorials may be deposited before twelve o'clock on the day preceding that appointed. The Examiner inquires whether the standing orders, which have been already proved in respect of the first bill, have equally been complied with in respect of the bill No. 2, and reports accordingly to the house; when the bill proceeds in the ordinary course.

of a pri

The second reading of a private bill corresponds with the Second same stage in other bills, and in agreeing to it the house reading affirms the general principle, or expediency, of the measure. vate bill. There is, however, a distinction between the second reading of a public and of a private bill, which should not be overlooked. A public bill being founded on reasons of state policy, the house, in agreeing to its second reading, accepts and affirms those reasons: but the expediency of a private bill, being mainly founded upon allegations of fact, which have not yet been proved, the house, in agreeing to its second reading, affirms the principle of the bill, conditionally, and subject to the proof of such allegations before the committee. Where, irrespective of such facts, the principle is objectionable, the house will not consent to the second reading: but otherwise, the expediency of the measure is usually left for the consideration of the

(Midland Railway, &c. Bill), which
contained a clause, giving compul-
sory power to take lands, of which
no notice had been given, and with-
out the proper plans, sections, and
estimates having been deposited
according to the standing orders.
The order for the second reading
was discharged, and the bill referred
to the committee on petitions for
private bills (the predecessors of the
Examiners). This committee found
that the standing orders had not
been complied with: and they were

thereupon instructed to inquire by
whom, and under what circum-
stances, the violation of the stand-
ing orders had been committed.
Their report upon this point was
referred to the standing orders com-
mittee, who determined that the
standing orders ought not to be dis-
pensed with; and the bill was not
proceeded with, 100 C. J. 169. 219.
247. 262. 385. 419.

192 C. J. 254. 425. 432; 99 ib. 187.
211; 104 ib. 71. 118. 320; 105 ib. 40;
106 ib. 209; 108 ib. 289; 136 ib. 166.

stages, &c.,

XXVII.

committee. This is the first occasion on which the bill Chapter
is brought before the house otherwise than pro formâ, or
in connection with the standing orders; and if the bill
be opposed, upon its principle, it is the proper time for
attempting its defeat. If the second reading be deferred
for three or six months, or if the bill be rejected, no new
bill for the same object can be offered until the next
session (see p. 305).

Second If the second or third reading of a bill, or the consideration
reading,
and other of a bill as amended, or any proposed clause or amendment,
of private or any motion relating to a bill be opposed, its considera-
bill post- tion is postponed in the manner already described (p. 235).
poned if
When a bill has been read a second time by mistake,
the order then made "That the bill be now read a second
time" has been discharged on a later day, and another day
appointed for the second reading, or the bill has been
referred back to the Examiner.1

opposed.
S. O. 207.

Bills read
a second

time by mistake.

1 But see Minutes of Committee on Mersey Conservancy Bill, 1857; and 147 H. D. 3 s. 133.

2 On the 26th April, 1904, on the second reading of the Liverpool and London Insurance Company Bill, Mr. Speaker ruled that a member could not move an amendment that would raise the general policy and the state of the general law as to alterations of the articles of association of insurance companies, but that he might have an opportunity of arguing against the bill on those lines (133 Parl. Deb. 4 s. 1259). And for examples of matters which members, in opposing the second reading, have been debarred from raising as reasons for rejecting a private bill, cf. the Speaker's rulings:

(1) On the Great Northern Railway (Ireland) Bill, 1891 (21st April), and the Great Western Railway Bill, 1903 (21st April): that it was unsuitable, and exceeding the usual limits, to advance such details as the alleged cheeseparing policy and discreditable train service of the promoting company, or the conditions of contracts for carrying

3

milk, &c., as reasons for rejecting
the bill (352 H. D. 3 s. 1021-4; 121
Parl. Deb. 4 s. 73);

(2) On the Great Northern Rail-
way (Ireland) Bill, 1891 (21st April),
and Great S. and Western Rail-
way Bill, 1901 (27th June): that it
was inadmissible, or not a relevant
ground for moving the rejection of
the bill, to go into the alleged
misuse by the company of their
powers in the past (352 H. D. 3 s.
1021-4; 96 Parl. Deb. 4 s. 43); and
(3) On the London and North
Western Railway Bill, 1896 (14th
April): that it was inadmissible to
go into the general conduct of a
railway company, or to raise a
general discussion on the passenger
traffic and charges over their whole
line, upon the second reading of a
bill affecting the exceptional rates
which they charged on one par-
ticular section (39 Parl. Deb. 4 s.
857-62).

3127 C. J. 135; 130 ib. 72; 139 ib. 57 (Southampton Corporation Bill).

• 133 C. J. 61 (Pacific Steam, &c. Company Bill).

XXVII.

tions.

Chapter After a private bill has been read a second time, an Instrucinstruction may be given by the house, if it think fit, for the direction of the committee on the bill. And in cases where a bill, after having been reported, has been recommitted, a similar instruction has been given to the committee on the recommitted bill.

Instructions to committees on private bills are either mandatory or permissive.

Instruc

Mandatory instructions leave the committee no option in Mandatory the exercise of their functions with regard to the particular tions. matter that is the subject of the instruction, and for that reason they are often deprecated; 2 but such instructions have frequently been proposed, and have in numerous cases been given to committees on private bills. For example, on the 15th April, 1872, an instruction was moved to the committee on the Metage of Grain (Port of London) Bill, to provide for the abolition of compulsory metage, and of any tax or charge upon grain imported into London. Exception was taken to an instruction which imposed an absolute condition upon the decision of the committee. The Speaker, however, stated that such an instruction was unusual, but was quite within the competence of the house; and the motion for the instruction was agreed to.3 In 1897 a mandatory instruction was offered to be moved, on the Dublin Corporation Bill, directing the committee to insert provisions prescribing a specified manner for the decision of any disputes as to the price for water to be

1 As to private bills recommitted, see infra, p. 831.

225 Parl. Deb. 4 s. 1067-8; 80 ib. 182. 195. &c. And cf. further-as to mandatory instructions to private bill committees-the Report and Minutes of Evidence of the Select Committee on Private Business, 1902 (H. C. No. 378 of 1902) pp. v. and vii. and Qns. 42-46, 1137. On the 15th March, 1901, an instruction of which notice had been given, on the Great Eastern Railway Bill, was ruled out of order by Mr.

Speaker, who said that it proposed
to give a mandatory direction to the
committee to set aside the form of
clause prescribed by standing order
with regard to houses of the working
classes, and that such a course would
be an abuse of the use of instructions,
91 Parl. Deb. 4 s. 54-55. And cf.
ruling, 25th June, 1894, on a pro-
posed mandatory instruction on the
London Streets and Buildings Bill,
26 Parl. Deb. 4 s. 116.

3 210 H. D. 3 s. 1260-62.

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