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Chapter These proceedings, in the case of a private bill, are taken at

the time of private business.
In the Birkenhead Docks Bill, 1850, an arrangement And pro-

visions having been made with the commissioners of woods and relating to forests for a payment out of the land revenues of the same

de revenues of Crown, a resolution was agreed to, in the proper form, and the Crown,

etc. the bill recommitted to a committee of the whole house, with an instruction to make provision. 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. 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 In the case of any private bill by which it is intended to Bills re

tuet with canlating to authorize, confirm or alter any contract with a Govern

"Government department, whereby a public charge has been or ment con

tracts. may be created, the chairman of ways and means is to S. 0. 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 London Railway Bill, after having (cancellation of bond), 1878, 133 been considered as amended, was C. J. 121. 133. 136. 146; Universal similarly recommitted to a comLife Assurance Society (stamp mittee of the whole house, with an duties), 1900, 155 C. J. 122. 124. 127. instruction to make provision pur140; Great Indian Peninsula Rail. suant to the resolution that had way Company (annuities), 1900, 155 been reported from the committee C. J. 238. 242. 248. 255. 300; Liver. on the East London Railway (repool and London and Globe Insur- payment of deposits) and agreed to ance Company (stamp duties) 1904, by the house, 137 C. J. 242. 254. 159 C. J. 156. 160. 163. 183.

3 Earl of Perth and Melfort's 1 105 C. J. 369. 423.

Compensation Bill, 1856, 111 C. J. 111 C. J. 266. In 1882, the East 241, 247. 254. 256. 311.

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bill.

second

nor is the report of the resolution to be considered till Chapter

three clear days after the resolution has been agreed to.? Proceed. | Between the first and second readings of a private bill ings before second there may not be less than three clear days, nor more than reading of com

'll seven, unless the bill has been referred to the Examiners;

in which case it may not be read a second time later than S. 0. 204.

seven clear days after the report of the Examiner, or of Notice of the standing orders committee. The agent for the bill is reading. Tequu

required to give three clear days' notice in writing, at the S. 0. 235. 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
Bill ex Meanwhile the bill is in the custody of the Private Bill
amined in
Private Office, where it is examined as to its conformity with the
Bill Office.

rules and standing orders of the house. The House of
S. 0. 233,
Peers'

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 4—

“ 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."

names.

drawn.

Bills with. If the bill be improperly drawn, the order for the second

reading is discharged, and the bill is withdrawn. If,

" With regard to packet and telegraphic contracts, see p. 602, and standing order No. 73 (Pub. Bus.).

3 Supra, p. 708, and standing order 226.

? North Union Railway Bill, 1846, 101 C. J. 371.

15th Feb. 1859. 5 In 1845, Mr. Speaker called the attention of the house to a bill

XXVI

Chapter when a bill is withdrawn, leave is given to present another, and bills

the bill so presented is distinguished from the first bill by introduced being numbered (2), and, having been read a first time, is bills with

drawn. referred to the Examiners of petitions for private bills. s. 0. 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.

vate bill.

The second reading of a private bill corresponds with the Second same stage in other bills, and in agreeing to it the house of a pri affirms the general principle, or expediency, of the measure. vat 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 thereupon instructed to inquire by contained a clause, giving compul- whom, and under what circumsory power to take lands, of which stances, the violation of the standno notice had been given, and with ing orders had been committed. out the proper plans, sections, and Their report upon this point was estimates having been deposited referred to the standing orders comaccording to the standing orders. mittee, who determined that the The order for the second reading standing orders ought not to be diswas discharged, and the bill referred pensed with; and the bill was not to the committee on petitions for proceeded with, 100 C. J. 169, 219. private bills (the predecessors of the 247. 262. 385. 419. Examiners). This committee found 92 C. J. 254. 425. 432; 99 ib. 187. that the standing orders had not 211; 104 ib. 71. 118. 320; 105 ib. 40; been complied with: and they were 106 ib. 209; 108 ib. 289; 136 ib. 166.

committee. This is the first occasion on which the bill Chapter

XXVII. 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, stages, &c.,

e or any motion relating to a bill be opposed, its considerabill post- tion is postponed in the manner already described (p. 235). poned if opposed. When a bill has been read a second time by mistake, S. 0. 207. the order then made “ That the bill be now read a second Bills read a second

time” has been discharged on a later day, and another day time by

appointed for the second reading, or the bill has been mistake.

referred back to the Examiner.4

1 But see Minutes of Committee milk, &c., as reasons for rejecting on Mersey Conservancy Bill, 1857; the bill (352 H. D. 3 s. 1021-4; 121 and 147 H. D. 3 s. 133.

Parl. Deb. 4 s. 73); 2 On the 26th April, 1904, on the (2) On the Great Northern Railsecond reading of the Liverpool and way (Ireland) Bill, 1891 (21st April), London Insurance Company Bill, and Great S. and Western Rail. Mr. Speaker ruled that a member way Bill, 1901 (27th June): that it could not move an amendment that was inadmissible, or not a relevant would raise the general policy and ground for moving the rejection of the state of the general law as to the bill, to go into the alleged alterations of the articles of associa- misuse by the company of their tion of insurance companies, but powers in the past (352 H. D. 3 s. that he might have an opportunity 1021-4 ; 96 Parl. Deb. 4 s. 43); and of arguing against the bill on those (3) On the London and North lines (133 Parl. Deb. 4 s. 1259). Western Railway Bill, 1896 (14th And for examples of matters which April): that it was inadmissible to members, in opposing the second go into the general conduct of a reading, have been debarred from railway company, or to raise a raising as reasons for rejecting a general discussion on the passenger private bill, cf. the Speaker's rulings: traffic and charges over their whole

(1) On the Great Northern Rail. line, upon the second reading of a way (Ireland) Bill, 1891 (21st April), bill affecting the exceptional rates and the Great Western Railway Bill, which they charged on one par1903 (21st April): that it was unsuit- ticular section (39 Parl. Deb. 4 s. able, and exceeding the usual limits, 857-62). to advance such details as the 3 127 C. J. 135 ; 130 ib. 72; 139 alleged cheeseparing policy and ib. 57 (Southampton Corporation discreditable train service of the Bill). promoting company, or the con- 133 C. J. 61 (Pacific Steam, &c. ditions of contracts for carrying Company Bill).

Chapter
XXVII.

After a private bill has been read a second time, an Instrucinstruction may be given by the house, if it think fit, for tions. 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. Mandatory instructions leave the committee no option in Mandatory

Instructhe 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. 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.

? 25 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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