power, which the house is generally unwilling to delegate; and, in regard to private bills, which are always drawn by the parties or their agents, the other mode is the most appropriate.

CHAPTER SECOND.

OF THE INTRODUCTION OF THE SUBJECT OF A BILL INTO THE HOUSE.

2062. The introduction of a bill, as has been seen, must be always preceded by the introduction of the subject in some form or other. This may take place in any of the forms in which business is ordinarily introduced; some of the principal of which will now be mentioned.

SECTION I. PETITION.

1

2063. A petition is one of the most common and usual modes of introducing the subject of a bill, especially a private bill, to which it is now requisite by the orders of both houses of parliament, though formerly private bills appear to have been sometimes introduced on motion.2 When a petition has been brought up and read, and laid on the table, a motion may then be made for leave to bring in a bill conformably thereto, or the petition may be proceeded upon in such other manner as may be necessary, with a view to the introduction of a bill.

3

4

SECTION II. ADDRESS OR MESSAGE.

2064. Communications from the crown, as a message, either verbal or written, to one or both the houses, or an address from the throne, to the two houses together, form a second mode, in which the subject of a bill is often introduced.

1 May, 514.

2 Comm. Jour. X. 313, 323, 447, 795.

3 Parl. Reg. III. 148, 170; Comm. Jour. XXXV. 447; Parl. Reg. XIV. 169, 171.

4 Comm. Jour. XVI. 512.

SECTION III. READING OF SOME DOCUMENT OR RECORD.

2065. A third mode, which is of very frequent occurrence, is the reading, on motion, of some document or record, which, by the practice of parliament, is considered as bringing the subject-matter before the house, and laying the foundation for a motion for leave to bring in a bill relating thereto. This mode of proceeding undoubtedly had its origin at a period anterior to the invention of printing, or, at all events, before it had become as now the general practice to print almost every paper or document of public interest. This mode of introducing a topic to the attention of the house, as the ground of a motion, is still practised; but it is hardly necessary to observe, that the actual reading is in general dispensed with; the paper or document being read short, that is, by a few of the first words, or, which is the same thing, entered in the journal as read.

2066. This form of proceeding may be resorted to, with reference to every document or record, which is of a public nature, and of which parliament is bound to take official notice; as, for example, an act,1 or part of an act,2 of parliament, which is the constant practice, when it is intended to move for the repeal, amendment, extension, or revival of such act; so of resolutions, either of the house itself or of both houses. When a document is of a public nature, but not one of which the house is bound to or can take official notice, as, for example, a proclamation of a local character, the course is first to cause a copy of the document to be laid before the house from the proper authorities.5

3

2067. This form of proceeding is also proper, with regard to every document or paper, which is regularly in the possession of the house, whatever its character may be; as, for example, any entry in the journal of an order, resolution, or other proceeding of the house, whether of the same or of a former session, royal speeches or messages, reports of committees, minutes of evidence, accounts and returns, petitions previously received. When the reading has taken place, it is then competent for the house to proceed upon the subject in such manner as may be thought proper.

1 Comm. Deb. XIII. 229.

2 Comm. Deb. X. 290, 292.

3 Comm. Deb. VIII. 268; Same, XIV. 199;

Parl. Reg. I. 12; Same, LVI. 659.

4 Parl. Deb. V. 204.

5 Hans. (1), VI. 598, 599.

3

SECTION IV. MOTION.

2068. A fourth mode of introducing the subject-matter of a bill is by a direct motion,1 in the first instance, with reference to it; as, for example, a motion that leave be granted to bring in a bill,2 or heads of a bill, for the particular purpose; or that the subject be referred to a committee to consider and report, with or without authority to prepare and bring in a bill; or that the house resolve itself into a committee for the consideration of a particular subject, or of heads for a bill; 4 either then or at some future time; or that the house then come to a resolution respecting the subject.5

CHAPTER THIRD.

OF THE INTERMEDIATE PROCEEDINGS BETWEEN THE INTRODUC-
TION OF THE SUBJECT AND THE INTRODUCTION OF A BILL.

2069. Upon the introduction of the subject-matter, in some one of the modes above mentioned, the house may proceed at once to make an order giving leave to bring in a bill, or directing one to be brought in, and appointing a member or members for that purpose. But it is very common, also, for intermediate proceedings to take place, by which the house expresses its opinion to a greater or less extent, with reference to the subject-matter, before authorizing the introduction of a bill.

SECTION I. DEBATES OF THE HOUSE.

2070. Where, upon the introduction of the subject, in any form, a debate takes place, a bill may be ordered, or leave may be given,

1 Which the mover may preface by a statement of facts; Parl. Reg. (2), XV. 249; Same, XVIII. 546; Same, XIX. 41; Same, XXIV. 8, 87; or make without any preface; Parl. Reg. (2), VII. 259.

2 Parl. Reg. VII. (2), 259.

3 Parl. Reg. 142.

4 Comm. Deb. XI. 297.

5 A motion for leave to bring in a bill may be referred to a committee of the whole. Comm. Jour. XXXIII. 667, 713.

or a committee appointed,1 to bring in a bill, upon the debates of the house.2 Frequent instances of this proceeding are to be met with in the earlier journals of the house of commons. Thus, where a bill was tendered by a member, on behalf of the creditors of the grocers' company, on which a debate ensued, which was adjourned and resumed, it was ordered, that leave be given to bring in a bill, on the debates of the house, to enforce the company of grocers to pay their debts; 3 where a petition was presented and read, and a motion made that leave be given for a bill, on which there was a debate, leave was granted, and it was also resolved by the house, that a bill be prepared and brought in upon the debates of the house; 4 where a bill previously introduced was read, and a debate arose, the house resolved that leave be given to bring in a bill relating to the same general subject, on the debates of the house; 5 where, upon the report of an address, the address was negatived, the house immediately resolved that a bill for the same purpose be brought in upon the debates of the house; where a royal speech was taken into consideration and read, it was ordered, that a bill be brought in, upon the debates of the house, to make the militia more useful; where a motion was made for leave to bring in a bill, on which a debate ensued, leave was given to bring in a bill upon the debates of the house.8

7

6

2071. This practice evidently originated at the time, when it was the custom for the speaker to frame the question from the turn of the debate. It supposes, that the opinions of the house, with reference to the subject-matter, are sufficiently known, for the purpose of framing the bill, from the observations of the members, and the manner in which they are received by the house, without any formal expression thereof in the form of resolutions. It does not appear, that this mode of proceeding is at all in use in the British parliament at the present time; though something equivalent to it takes place, when a bill or other matter is recommitted after a debate upon it, but without any specification of the purpose of the recommitment, which is supposed to be sufficiently known from the course of the debate.

1 Grey's Deb. I. 421; Same, II. 96; Same.

III. 10, 18.

2 Comm. Jour. XIX. 741.

3 Comm. Jour. IX. 195.

4 Comm. Jour. IX. 738.

5 Comm. Jour. IX. 182.

6 Comm, Jour. X. 449.

7 Comm. Jour. XII. 484.

8 Comm. Jour. XIII. 416.

SECTION II. HEADS; ARTICLES; RESOLUTIONS.

2072. Another proceeding, by which the house expresses its opinion more distinctly than by the turn of the debates, takes place, when, upon consideration of the subject, it agrees upon heads for a bill,1 or upon articles, or votes, or comes to resolutions expressing its opinions, upon which it gives leave for or orders a bill. This mode of proceeding is in frequent use, though the opinions of the house are now expressed in the form of resolutions alone; the terms heads, articles, votes, being, in fact, the same.

2073. A third course, which is the most frequent in modern times, is to refer the subject to a committee to be considered and matured, before its consideration by the house. The committee may be either select, or of the whole house, according as either may be best adapted to the nature of the subject. A select committee may be authorized, at the same time, to prepare and bring in a bill; but this is not according to the present practice. The authority usually conferred upon a select committee is to examine the matter referred to them, and to report the same as it shall appear to them, or with their opinion thereupon. The report of the committee, under this authority, is sometimes a mere statement of the facts, without any expression of opinion; sometimes their opinion merely; and sometimes a statement of the facts, together with their opinion thereupon; according as the nature of the subject renders one or another of these courses most expedient and proper.

2074. When the subject referred to a committee only requires a statement of the facts to be reported, as, where it is the constant usage of parliament to pass a bill of a particular description, upon certain facts being proved, of which various instances might be given, the report of the committee merely states the facts, and it is for the house, upon such a report being made, to decide whether the facts proved are sufficient and satisfactory, and, thereupon, to make or refuse an order for the introduction of a bill. The facts may be presented either in the form of a statement or narrative, or

1 Comm. Jour. IX. 552; Grey, IV. 334, 339; Com. Deb. XII. 48, note.

2 Scobel, 44, 45.