Private bills reported, read third time, and XXIX. When a local or personal bill has been reported from a Chapter committee, and any amendments that may have been made are agreed to by the house, the bill is ordered to be sent to the read a third time on a future day. Commons. Lords' In the Commons all local and personal bills when received private from the Lords are read the first time, and, unless they be Commons. name or divorce bills, are referred to the Examiners. In bills in the As to restitu bills. (a) how presented, &c., in Lords. that house private bills brought from the Lords pass through The procedure adopted in the case of the personal bills tion, &c., already described is not followed in the case of bills for reversing attainders; for the restoration of honours and lands; and for restitution in blood. These bills are first signed by the King, and are presented by a lord to the House of Peers, by command of the Crown; after which they pass through the ordinary stages of public bills, and and (b) con- are sent to the Commons. Here the King's consent is Commons. signified before the first reading (and if this form be overlooked, the proceedings will be null and void 2); and after the second reading, the bill is committed to a select committee consisting of several members specially nominated by the house and of "all the members of this house who are of his Majesty's most honourable privy council, and all the gentlemen of the long robe." 4 sidered in 3 1 See supra, p. 723. 2 See supra, p. 460. In 1853 Drummond's Restitution Bill, on being brought from the Lords, was read the first time without the Queen's consent having been signified. On the following day these proceedings were declared to be null and void; the Queen's consent was signified, and the bill was then read the first time and ordered to be read a second time. 108 C. J. 575, 576. 3108 C. J. 584; 109 ib. 371; 124 ib. 81. These words were not added, when the committee was nominated, in the case of the Earldom of Mar Restitution Bill, 1885. 140 C. J. 374. These bills receive the royal assent in the usual form, as public bills. 56 L. J. 260. 425; and Report of Precedents, ib. 286; Maxwell's Restitution Bill, 1848, 80 ib. 270. 365; Lord Lovat's Restitution Bill, 1854; Earldom of Mar Restitution Bill, 1885. In 1869, Bruce's Restitution Bill received the royal assent as a personal bill. Chapter Table of Contents, see Introduction. CHAPTER XXX. PROVISIONAL ORDERS, &C., AND THE ACTS (OTHER THAN THE Orders. THE system of legislation by Provisional Order, which has Provisional Such orders are scheduled to a bill, which is brought nary pro local Provisional Prior to their introduction in a confirming bill, Parlia- Prelimi ment takes no cognizance of Provisional Orders; and, ceedings, with one or two exceptions mentioned later (pp. 891-2), the inquiry, standing orders regulating the preliminary proceedings in &c., on a the promotion of a private bill are not applicable to a Order. Provisional Order. Those interests, however, which, in the case of a private bill are protected by the standing orders, do not suffer; for in this respect the government Proposed Summary, XXX. department takes the place of Parliament, and, in the Chapter An important and very frequent feature in the depart- These preliminary proceedings, however, being distinctly in this departmental and apart from the practice of Parliament, chapter, of will not be noticed in detail. For the necessary procedure (1) existing &c., for and (2) procedure on Provisional powers, in each case, reference must be made to the special pro- Chapter XXX. The Departments Empowered to make Provisional Orders Depart for Particular Purposes. ments and Orders. Govern ment Board. By the Local Government Board Act, 1871,1 the Local The Local Government Board was established, to which were transferred the powers and duties of the Poor Law Board, and of the Home Office and] Privy Council concerning the Poor Law, public health and local government. Under the Public Health Act, 1848, the Local Government Act, 1858, the Public Health Act, 1872, and the Sanitary Law Amendment Act, 1874, and other Acts amending the same (called the Sanitary Acts), large powers of provisional legislation were authorized. These Acts have been wholly or partially repealed, and their provisions consolidated in the Public Health Act, 1875.2 Beginning with this Act, which is the authority for some of its most important duties: vernment poses. I. The Local Government Board is empowered to grant Local GoProvisional Orders under the Public Health Act, 1875 and Sani(1) For wholly or partially repealing, altering, or amend- tary Puring (a) Local Acts relating to the same subject-matter as the Public Health Act, 1875,8 (b) Acts for confirming Provisional Orders made in pursuance of any of the Sanitary Acts, or of the Public Health Act, and any Order in Council made in pursuance of the Sanitary Acts.4 (2) For enabling local authorities to put in force the powers of the Lands Clauses Acts for the compulsory purchase of lands, for the purposes of the Public Health Act.5 134 & 35 Vict. c. 70. 238 & 39 Vict. c. 55. 338 & 39 Vict. c. 55, s. 303. ↑ Ib., s. 297, sub-s. 5. Ib. s. 176. The purposes of the Act for which land is required are disposal of sewage, public necessaries, receptacles for rubbish, water supply, hospitals,mortuaries, burial-grounds (under the Public Health (Interments) Act, 1879, construed as one with the Act), new streets or the P. improvement of the same, public Local Government Board, XXX. (3) For the alteration of areas of local government; for Chapter dissolving a special drainage district in which a loan has been contracted for works; and for declaring a rural district, or any portion of such district, to be a local government district, and for dividing the same into wards or altering or abolishing such wards.1 (4) For uniting districts for the purposes of procuring a common water supply, of making main sewers, or of carrying into effect a system of sewerage, or for any other of the purposes of the Public Health Act; and for appointing the governing body of the united district.2 (5) For uniting districts for the purpose of appointing a medical officer of health-the order in this case being provisional if objected to by any of the districts proposed to be included in the union of districts.8 (6) For permanently constituting a local authority or a joint board as the sanitary authority over a port or over two or more ports. But, by the provisions of the Public Health (Ships, etc.) Act, 1885,5 the Order for this purpose is only provisional if it is objected to by a riparian authority before a prescribed time. (7) For dissolving a main sewerage district or a joint sewerage district (made respectively under the Public Health authorities under the Public Health include "water." 1 38 & 39 Vict. c. 55, s. 270 (1), (2), and (3), and s. 271. The powers under these sections, though not repealed, are not now used, as similar powers are exercised by county councils, subject in some respects to the control of the Board under s. 57 of the Local Government Act, 1888, and confirmation by Act of Parliament is not required. 238 & 39 Vict. c. 55, ss. 279, 280. 3 Ib. s. 286. 4 Ib. s. 287. |