« 이전계속 »
chapter Parliament.1 If the committee report that the order
_ ought to he confirmed, the bill, if amended, is ordered for
If no hostile petition is presented—or if a petition be Procedure presented but a motion for a joint committee is either hou,e"n not made or not carried2—the confirming bill in the bil,»t0 house in which it originates is deemed to have passed order on the stage of committee. The order for its consideration inquiry has there is made immediately after its second reading (or after be,en hcld'
"° when no
any unsuccessful motion for a joint committee3), and after cornbeing considered and read the third time the bill is sent to appointed, the second house.4
The procedure in the second house upon a bill to con- procedure firm any order upon which an inquiry has been held may hn0"g0nd be very shortly stated. After being brought from the upon bills house in which it originates, it is read the first time and order on second time. Between these two stages no such length ^qnWy has of time need intervene as is necessary in the first house, heea he,das it is not competent for parties to present a petition against an order when the confirming bill reaches the second house, nor, consequently, for a member to move that it should be referred to a joint committee.5 In the second house the stage of committee is deemed to have been passed in the case of every bill confirming any order on which an inquiry has been held.0
If in the first house no motion for a joint committee has been carried, the bill in the second house, after being read a second time, is ordered to be considered a3 if reported by a committee, and proceeds to its third reading in the ordinary manner.7
If, on a motion made and carried in the first house, the bill has been referred to a joint committee, it is
1 Sec. 9 (2); 159 C. 3. 290; 136 » Sec. 9 (1); 94 Pari. Deb. 4 s.
L. J. 289. 537 (Secretary for Scotland).
• 156 0. J. 231; 133 L. J. 249. • Sec. 9; and Note by Mr. Speaker.
• lb. 10th Aug., 1904.
• Sec. 9 (4); 156 C. J. 222. 225. 'lb.; and cf. 157 C. J. 340-1. 863 231; &c. 369. 378 (Aberdeen, &c, Bill); &c.
deemed, when in the second house, to have passed the Chepter
stage of committee;1 and should it be a bill that has
originated in the Lords, it is not only deemed, when in the Commons, to have passed the committee stage in the latter house, but, immediately after its second reading there, the order for the third reading is made.2
It may be noted that in the contingency just mentioned—that is to say, where a bill, for the confirmation of an order upon which there has been an inquiry, originates in the Lords and is there referred to a joint committee—no opportunity is provided for amending it (except verbally) during its subsequent passage through the Commons, the only stages through which it passes in the latter house being those of first, second, and third reading.3
1 Standing order 254 (H. C), 186 bill on the third reading," standing (H. L.). order (Public Business), No. 42 of
2 Standing order 254. House of Commons; supra, p. '"No amendments, not being 501,
merely verbal, shall be made to any
Chapter CHAPTER XXXII.
Table of LOCAL AND PERSONAL, AND PRIVATE, ACTS OF PARLIAMENT.
See Intro- After they have received the royal assent,1 private bills Private
auction. t bills when
are divided into three classes of Acts: (1) Local and passed,
(1) With the exception of any Inclosure, or Inclosure and ^ Locil
1 Cf. supra, pp. 510-513.
* They are eliminated from the revised editions of the statutes periodically issued by the Statute Law Revision Committee.
3 This change was introduced with a view to reduce the inconvenient bulk of the annual volume of the Public General Acts, and has
been carried out as far as circum-
* These acts are specially dis-
Declared Every local and personal Act passed before the year chapter to b6 • xxxxr public 1851 contained a clause declaring that it "shall be a
Acts- public Act, and shall be judicially taken notice of as such."1 But by Lord Brougham's Act of 1850, for shortening the language of Acts of Parliament, the insertion of this "public" or "evidence" clause in every local and personal Act was rendered unnecessary by a general enactment, which is now contained in the Interpretation Act of 1889,2 and which declares that every Act, unless it contains an express provision to the contrary, shall be a public Act and shall be judicially taken notice of as such.
(2) Private (2) From 1798 to 1815 the private Acts, not declared printed, public, were not printed by the King's printers, and could only be given in evidence by obtaining authenticated copies from the statute rolls in the Parliament Office. But since 1815, the greater part of such private Acts have been printed by the King's printers, and have contained a clause declaring that a copy so printed "shall be admitted as evidence thereof by all judges, justices, and others ;" and since 1851 this "evidence clause " has been retained, with the addition of an enactment that the "Act shall not be deemed a public Act." These Acts consist almost exclusively of Estate Acts and of any Inclosure, or Inclosure and Drainage, Acts.8
1 The practice of declaring particular Acts of a private nature to be "public Acts" commenced in the reign of William and Mary, and was soon extended to nearly all private Acts by which felonies were created, penalties inflicted, or tolls imposed (cf. Spiller's Index to the Statutes). In one or two special cases, occurring between 1798 and 1851, local and personal Acts, which were of an unusually publio character, not only contained the ordinary "public" clause, but were printed among the publio general Acts (Manchester Stipendiary Magistrates Acts, 53 Geo. III. c. 72; 7 & 8
Vict. c. 30; and Manchester Ware-
2 Lord Brougham's Act (13 & 14
1 A list of these "private Acts, printed by the King's printers, and whereof the printed copies may be given in evidence," appears in the "Table of the Titles of the Local and Private Acts passed during the Session," which is appended to the annual volume of the Public General Acts. Cf., e.g., the volume of 1899 (62 & 63 Vict.), p. 231.
Chapter (3) The last class of Acts are those which still remain (3) Private
imprinted: they consist of name, naturalization, divorce, printed.
and other strictly personal Acts.1
1 A list of these "private Acts, not printed" appears in the table mentioned, stipra, p. 910, in note 8.
Cf., e.g., the volume of Public