ing the law of settlement;1 leave being given for a bill granting certain duties on certificates issued with respect to the killing of game, it was held not competent to insert in the bill a provision extending the license to all descriptions of people, as well unqualified as qualified; 2 leave for a bill to prevent forgeries on bankers was not considered sufficient ground for the insertion in the bill of forgeries on any other persons.3 5 2113. In respect to the form, in which a bill ought to be presented, it is immaterial by whom, or by what authority, it is drawn ; it must, at all events, be drawn in conformity with the orders of the house, whether relating to the form of bills in general, or to particular classes of bills. The principal orders in parliament of a general character are, that a bill should be drawn in the form of a statute; that it should be written on paper without erasures or interlineations; and that the proper blanks, for dates, and for the amount of salaries, tolls, rates, and other charges, shall be left in it to be filled by the house.7 Besides these orders, there are standing orders relative to particular classes of bills, which are equally essential to be observed; as, for example, in reference to private bills, that inclosure bills should have the names of the commissioners inserted, that a bill, to which the consent of parties is requisite, should correspond with the copy to which consent has been given.10 8 6 2114. Public bills are prepared, in the first instance, or caused to be prepared, by those members, who obtain leave for their introduction, or who are ordered by the house to prepare and bring them in. In the house of commons, the drafts thus made are taken to the public business office, where they are prepared in proper form for presentation. Private bills are prepared by the parties themselves, their attorneys or agents. It was anciently the practice, and is presumed to be so still, that "bills are not written in para 1 Comm. Jour. LXXX. 329. 2 Parl. Reg. (2), XVI. 401. 3 Parl. Reg. LX. 285. 4 J. of H. 32d Cong. 1st Sess. 785. 5 Comm. Jour. XXXVI, 703; Same, XLIII. 467, 468; Same, XXIX. 926; Same, XXXIII. 227; Same, 674; Same, LVII. 47. 6 May, 350. 7 Comm. Jour. XXXVI. 692; Same, XVIII. 426; Same, XXVI. 130, 145; Same, XXXIII. 674; Same, LXVII. 511; Same, XX. 779. Instead of the passages actually left blank in a bill, those parts are now filled up with the sums, names, and dates, intended to be moved by the promoters of a bill. And when the bill is printed, they are printed in italics. Passages so filled are still technically considered as blanks. This practice, which seems to be a convenient one, has not yet been adopted in this country. May, 350. 8 Comm. Jour. XXXVIII. 925, 938; Same, LXX. 209. 9 Comm. Jour. XLVIII. 308, 346; Same, LI. 495; Same, LV. 533, 565, 627. 10 Comm. Jour. XXXV. 488, 489. graphs, but all of a piece; not that the clerks may read blank, 2115. The rule of parliament, which requires that every bill should be drawn, both as to substance and form, in conformity with the orders of the house, would be nugatory, unless it was equally peremptory to prevent the introduction or proceeding with a bill which was improperly drawn. Hence it is the established practice that, whenever in the course of the proceedings on a bill, notice is taken by the speaker, or some member, or it appears to the house in any other manner, that the bill is drawn contrary to order, the proceedings are at once arrested, and no further step can be taken with the bill, without the unanimous consent of the house.5 The form of proceeding with a bill is such, that defects of this description are not, in general, likely to be taken notice of, until it has been received by the house, or received and read the first time; and sometimes the defect is not discovered until a later stage; but, if pointed out on a bill being presented, the defect would prevent the reception of it, in the same manner that a discovery after the reception will arrest the further proceedings. 2116. When notice is thus taken that a bill is objectionable in point of order, the bill cannot proceed further without the unanimous consent of the house, because it is against order, and every member has a right to require that the orders of the house shall be preserved; nor can another bill be introduced without the like consent, because, whilst a bill is pending, no other of the same substance, and for the same purpose, can be brought in consistently with order. The only course of proceeding, therefore, in such a case, is to withdraw the defective bill, and to obtain leave to pre 1 Grey, IX. 143. 2 Scobel, 41. 3 Comm. Jour. VI. 570. 4 May, 352. 5 Parl. Reg. (2), XVI. 401. Where a bill has been received and proceeded with, with out any objection on the ground of order, it is held, in the house of representatives of the United States, that objections of that description cannot afterwards be interposed to the further progress of the bill. J. of H. 32d Cong. 1st Sess. 785. sent a new one in a proper form. If, on the defect being noticed, it is at once seen and admitted, the friends of the bill have no other course but to move, first, for leave to withdraw it, and then for leave to present a proper bill instead thereof; both which motions are generally granted, as a matter of course, though there are instances in which the latter has been refused.1 If the defect is not manifest, or the friends of the bill are unwilling to yield the point without a question, those who are against the bill may move that it be withdrawn, or may make the supposed irregularity a ground of opposition to the next step in the progress of the bill. The proceedings which take place in the withdrawal of a bill, will be stated more particularly hereafter. CHAPTER SIXTH. OF THE PRESENTATION AND RECEPTION OF A BILL. 2117. When leave has been given, or an order made, for the introduction of a bill, as above mentioned, (unless it is founded upon the resolution of a committee of the whole for a charge upon the people,)2 the bill may be brought in on the same day, and during the same sitting, with that on which the order is made or leave given. There is no rule which prevents the immediate introduction of the bill, upon the making of the order; but, as the preparation of a bill requires and implies consideration, it is deemed necessary that some time should intervene between the order for preparing it, and the presenting of it to the house, and, consequently, some votes are generally allowed to be passed, after the making of the order, before the bill is introduced, even though it has been previously prepared, and is ready to be offered.5 1 Comm. Jour. LXIX. 230. 2 The standing order of February 18, 1667, Comm. Jour. IX. 52, which requires that every proposition for a charge upon the people, shall be referred to a committee of the whole house, provides, also, that it "shall not be presently entered upon, but adjourned till such further day as the house shall think fit to appoint." 3 May, 350. 4 Comm. Deb. VII. 267. 5 It is not unusual, however, for bills to be introduced immediately upon leave being given, especially where the leave is for the introduction of a new bill, in a proper form, instead of one which has been withdrawn. Comm. Jour. LXVIII. 304, 323; Same, LXX. 95. 2118. In the house of lords, as has been already stated, it has always been and now is, the right of a member to present any bill or petition he may think proper, without a question. In the house of commons the same practice anciently prevailed. According to Hackwell, who states the practice in his time, bills were "either by some member of the house publicly presented to the speaker in the house, with some short speech, setting forth the needfulness of a law in that behalf, or delivered in private to the speaker or the clerk of the parliament, to be presented to the house at some convenient time."1 At the present day, there must be leave or an order of the house, to authorize the bringing in of a bill, and the bill must also be offered and brought up in the same manner as a petition, in pursuance of an order of December 10, 1692, which appears to have been observed as a standing order, namely, "that every member presenting any bill or petition, do go from his place, down to the bar of the house, and bring the same up from thence to the table.” 2 2119. The bill must be presented by one of the members named in the order, or by one of the committee appointed to prepare and bring it in; if offered by any other member, it cannot be received; or if the irregularity is not observed, and the bill is received and proceeded with, its progress will be arrested and the bill ordered to be withdrawn, as soon as the irregularity is brought to the attention of the house.3 2120. The usual practice in presenting bills in the house of commons is thus described: "The member, who has a bill to present, appears with it at the bar, and the speaker calls upon him by name. He answers, 'a bill, Sir;' and the speaker desires him to bring it up; upon which he carries it to the table, and delivers it to the clerk of the house, who reads the title aloud; when the bill is said to have been received by the house."4 This proceeding, like many others in parliamentary practice, evidently supposes that a motion is made and a question put and decided, when, in fact, no motion or question is made, namely, a motion that the bill be brought up, and a question put thereupon, which is decided by the house in the affirmative; otherwise, that would be true of the introduction of a 1 Parl. Reg. LXII. 200; Hakewill, 132, 133. "Mr. Bacon stood up to prefer a new bill, and said, Mr. Speaker, I am not of their mind that bring their bills into this house obscurely, by delivery only to yourself or to the clerk, delighting to have the bill to be incerto authore, as though they were either ashamed of their own work, or afraid to father their own chil dren; but I, Mr. Speaker, have a bill here, which I know I shall no sooner be ready to offer, but you will be ready to receive and approve." D'Ewes, 626. 2 Comm. Jour. X. 740. 3 Comm. Jour. XXXIII. 255. bill, which is not true of any future stage, in the proceedings upon it, namely, that a step may be taken in the progress of a bill, without a motion and vote of the house. The strictly parliamentary course, therefore, in the introduction of a bill, seems to require, that the member presenting or offering to present it should explain to the house, that the gentlemen appointed, or the committee, as the case may be, have, according to order, prepared such a bill which he is ready to present, and thereupon to move that the bill be brought up. This motion, being seconded, is then to be put to the house as a question; and may then be debated, and proceeded with, generally, in the same manner as any other motion. 2121. In our legislative assemblies, the ceremony of presenting a bill is attended with little or no formality. The member who is about to present a bill, whether as the report of a committee or otherwise, rises in his seat, and having obtained possession of the floor for the purpose, proceeds to inform the house, that he has a report and bill, from such a committee or source, which he reads, if he thinks proper, and thereupon offers to present the bill to the house. If no objection is made, the bill is of course presented and received. If any objection is made, this raises the question of reception, which may also be raised by a direct motion that the bill be or be not received. If the objection is on the ground of order, a question is thus presented for the presiding officer to decide. If the point of order is overruled, or the house suffers the bill to proceed notwithstanding, or a suspension of the rules takes place, then the question is to be put to the house, or it may be put in the first instance, if there is no question of order, that the bill be received. If this question is resolved in the affirmative, the bill is accordingly received and subsequent proceedings had thereon. 2122. Another mode, in which a bill is introduced, is by message from the other house.1 When a bill has passed in one house, it is then sent to the other, with a message informing the latter, that the former has passed a bill, stating the title of it, to which the concurrence of the latter is requested. A question is always made, or supposed to be made, on admitting the messengers; if they should be refused admittance, the bill or whatever else is the subject of the message is, of course, refused to be received. But, such a refusal, though possible, is a proceeding of so unparliamentary a character, as to be scarcely probable. When the messengers are admitted, they present the bill with which they are charged, which 1 Cong. Globe, XVIII. 639. |