Page images

Bill passed.

The question is then put “that this Bill do pass”. This question is sometimes opposed, and if negatived, the bill is lost, and cannot be renewed again that session. See ante p. 181.*

If any alteration be intended in the title, the new one must be written on paper as a motion. If a new title be not moved, the original one remains, except that “An Act"


Sent to the

The Intuted for "A Bilbe remains, ex

Consent of the Crown given when required.

The Bill is then endorsed by the Clerk, and ordered to be taken to the Lords. The member that has been ordered to carry up the Bill takes it off the table and holds it in his hands, opposite the chair, till the Speaker directs the Members to attend their Messenger. The Bill is then, or at the earliest opportunity afterwards, taken to the Lords by the Member, accompanied by at least seven others (c). See further Chap. XIV. On Messages.

When any of the estates or interests of the Crown are affected by a private bill, Her Majesty's consent is usually signified immediately before the Report or the third reading, by the Chancellor of the Exchequer, or some other of the Privy Council (d).

In the House of Lords, the Bill is generally read a first time on the same day that it is sent from the Commons ; and having passed the different stages in that House with the same forms as in the other, except ingrossing (which is done already) the Lords send a message to the Commons that they have agreed to the same; the bill remaining with the Lords to be presented for the Royal Assent.

But if amendments are made by the Lords to the Bill, they are transmitted to the Commons, and the same pro

[blocks in formation]
[ocr errors]

(c) Bra. 139.

(d) C. J. 18 May, 1804 ; Bridghram Incl. * See Appendix XVIII. for an example of the Forms required, in a Private Bill, in the Notice, Petition, and Allegations that must be proved before the Committee.

† See Appendix XX.--Form of Memorial to the Treasury for the consent of the Crown to such a Bill.

ceedings take place upon them as on amendments to a public Bill. (See ante, p. 183.) See also · Chap. IX. On Money Bills, if the amendments are of a nature that affect the privileges of the Commons.

For the manner of giving the Royal Assent to it, see Royal Assent. also, the Chapter on Public Bills. After the assent is given, Public Acts are enrolled and delivered into Chancery, but Private Acts are not enrolled* without the suit of the party, and therefore the original bill, filed among the Bills of Parliament, and stamped with the Great Seal, is the original record of such acts (e).

Private Acts do not bind strangers, though they do not Private acts do contain any saving of their rights. A general saving of gers. the rights and interests of all persons whatsoever, except the parties concerned, used to be constantly added to all Private Bills, but it has been held that, even if such a saving clause be omitted, the act will bind none but the parties. It is usual, however, in preparing modern private acts, to insert a special clause, explaining how far the rights of strangers are intended to be affected (f).

not bind stran


Private Bills, (With such variations or additions as circumstances may require.) . Recommended by Committee of the House of Lords, and adopted by the House

on the 12th June, 1827. Inclosure, with Commutation of? | West Ardsley,...... 17 Geo. IV. ch. xiv.

Tythes:... Drainage,....

Metheringham,...... 7 Geo. IV. ch. xxxiv. Road, ........

Temple Normanton, 17 & 9 Geo. IV. ch. iv. Canal,..

Peake Forest,....... 17 Geo. IV. ch. xxx.

5 Heckbridge,....... 17 Geo. xlvi, Railway,........

Liverpool,.... 17 Geo. IV. ch. xlix. Tunnel,.....

..Thames,........ 5 Geo. IV. ch.clvi, Bridge,...


.17 Geo. IV. ch. Ixii. Improvement,...

Grosvenor Place,.... 17 Geo. IV. ch. Iviii, Waterworks,.....

Nottingham,.........17 Geo. IV. ch. cxi. Gas,....

Macclesfield,...... . 17 Geo, IV. ch. vii, Church,.....................

Ripon,......... 7 Geo. IV. ch. I. Chapel,.............

... Brighton, ...

17 Geo. IV. ch. iii, Police,.............


.14 Geo. IV. ch. lxxi.

(e) Dwar. 247.

(f) Dwar, 635. * 'The Clerk transcribes every Private Act, and writes at the beginning “in par“liamento inchoat, et tent &c. inter al. inactitat, ordinat et stabilit, fuit, sequens “ hoc statutum ad verbum ut sequitur, viz i-- Then follows the Act, at the end he

Other Private Acts, as Estate, Divorce, Naturalization, &c. being solely of a personal nature, are not printed in the Statutes at large.


Bills for compounding debts due to the Crowa.


There are several other kinds of Private Bills which are not regulated by the same rules that apply to Private Bills generally, and which claim attention, viz :-Bills for compounding debts due to the Crown, Divorce, Estate, Naturalization and Name Bills.


The Petition upon which bills of this description originate must be accompanied by a certificate from the Officer at the head of that department of the Revenue concerned, stating the debt, what prosecutions have been instituted for its recovery; and setting forth how much of it the Petitioner and his security are able to satisfy (a).

The Petition will be referred to a Select Committee, to examine the proofs thereon, who will report to the House on the following day. The petition will then be referred to a Committee of the Whole, where alone a bill of this nature can originate (6). The day after the report, is the usual time for the House to resolve itself into a Committee on the Petition, and leave is then given to bring in the bill. The bill having been previously printed, is presented and read. After three days have elapsed, the bill, having been examined by the Clerks in the Private Bill Office, and certified by them to be duly prepared, may be read a second time, when it will be committed for the next day seven night, to a Committee of the Whole.

The Bill having passed the Committee, on the follow

(a) 8. O. H. of C. 25 March, 1715. (b) Ibid. 29 March, 1707. " adds) ego A. B. clericus parliamenti virtute brevis supradict dom. nos. reg. de “ certiorand, mihi direct. et hiis annex certifico superius hoc scriptum verum esse "tenor. act parl. supradict, in es brevi express. In cujus rei testimoniuin," &c.D'Ewes. 36.



ing day their report must be prepared, with all the Committee's amendments. The Chairman of the Committee on Ways and Means (which is a Committee of the Whole, see Chap. XII. On Committees), will then report it to the House, and the bill henceforward passes through both Houses as a Public Bill; and will be printed with the Public Acts by the Queen's printer. The Lords receiving it as a Public Bill, do not require any evidence in its support; but it will there also, be committed to a Cornmittee of the Whole.

Before the bill is considered in Committee, in the House of Commons, it is the duty of the agent for the bill, or the Solicitor, to provide printed copies of it, for the Chairman and Clerk at the table, with all the blanks filled up. T'he agent must also supply printed copies of it for the use of the Lords. (c).

2. DIVORCE Bills.

All Bills of this discription, from their judicial nature, Divorce Bills. must originate in the House of Lords.

They originate upon a Petition presented to the House, Petition. signed by the party applying for the Divorce*, or, should he be abroad when the proceedings are instituted, by his attorney. The Petition must be accompanied by an official copy of the proceedings and of a definitive sentence of divorce, a mensa et thoro, in the Ecclesiastical Court (a), at the suit of the petitioner; the correctness of which must be certified upon oath at the Bar of the House.

When leave has been given to bring in the bill, it may Bill. be presented, read a first time, and ordered for a second reading on the next day fortnight. And orders may be then made for the required withesses to attend the House at that time.

The House of Lords have, on several occasions, shown themselves sensitively alive to the great increase of re(c) Dwar. 319, 320.

(a) S.O. H. of L. cxli.—28 Mar. 1798. * For the form of this Petition, see Appendix Xix.

but afterwards expunged.

[ocr errors]

ordered, and

attendance of parties, &c.

quired legislation in cases of Adultery, but with little suc-
cess,bills which have passed that House, amending the
law of Parliamentary Divorce, by prohibiting the inter-
marriage of the guilty parties in such cases, having invari-

ably been rejected by the Lower House*. With the Clausen required samem otive also, the Lords, by a standing order, (a) require Standing Order, that every Divorce bill shall contain a clause to the same Berdica warde", that every Divorce holinole

effect (prohibiting the intermarriage of offending parties), but as such a clause would, as a matter of course, be rejected by the Commons, it is now merely formally inserted, and is invariably expunged (6) by the committee on

the bill. Second reading. When the day for the second reading of the bill is aporders made for pointed, the usual orders are made. Copies of these, as

well as a copy of the Bill, examined with the House Bill, must be served on the party against whom the divorce is sued. The usual orders are, " That notice be affixed on the doors of the House of Lords; that the Lords be “summoned that the party applying for the divorce be “heard by his counsel, on the second reading, in support of “the allegations of the bill; that, together with the exa“mined copy of the bill before mentioned, notice be given “of the second reading to the party against whom the di“ vorce is sued; and that he or she may be at liberty to

"be heard by counsel against the bill.” If the guilty, par. When the party upon whom the office copy of the bill,

&c. is ordered to be served, lives abroad, or absconds, or

secretes himself to avoid such service-application must Petition to dis, be made to the House by petition, praying that leaving a. pense with per. We

copy of the bill and order with the party's agent, or at. his last usual place of abode, may be deemed good service.

When a petition of this kind is presented, a person who

ty be abroad.

sonal service.

(a) 8. 0. H. of L. clxxvi. 2 May 1809. (b) See Ellis, p. 172.

* As the Duke of Atholl's bill, in 1771; the Bishop of Durham's in 1779; and the Earl of Mulgrave's, in 1800.

« PreviousContinue »