Chapter These proceedings, in the case of a private bill, are taken at 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 1 105 C. J. 369. 423. 2 111 C. J. 266. In 1882, the East London Railway Bill, after having 3 Earl of Perth and Melfort's 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, 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 thereupon instructed to inquire by 192 C. J. 254. 425. 432; 99 ib. 187. stages, &c., XXVII. committee. This is the first occasion on which the bill Chapter Second If the second or third reading of a bill, or the consideration opposed. Bills read 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 (2) On the Great Northern Rail- 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 3 210 H. D. 3 s. 1260-62. |