in that stage, a fair copy is printed on paper, after the bill has received amendments, and been passed. The second order provides for the printing of a fair copy, after all amendments shall have been made between the two houses.1 2228. CHAPTER FOURTEENTH. OF THE PASSING. When a bill has been read a third time, and received such additions and amendments, as the house may see fit to make to it, the next and final motion is, that the bill do pass. This motion may be deferred, either tacitly by no order being made with reference to it, or by an express order that the bill lie on the table until a certain time; 2 but the general practice is for the motion to be made immediately after the third reading and the proceedings, if any, thereupon. As a bill has received the apparent approbation of the house both as to its principles and as to its details, previous to the question for passing, it is extremely rare, that any objection is made to this motion; but it may nevertheless be opposed and debated, like every other, and instances are not wanting, in which it has been decided in the negative.3 2229. If, on this motion, the house resolves, that the bill do pass it only remains to agree upon the title. In the house of commons, the original title is not amended, during the progress of the bill; but is left to be amended, if necessary, when the bill has passed. The title being then read by the speaker, and a question put, "that this be the title of the bill," it is thereupon amended, on motion, if need be, so as to make it conform to the changes which have taken place in the bill since its introduction. The change of title, which occurs when one bill is made into two, or two into one, can hardly be regarded as an exception to the rule, that no amendment is to be made in the title, during the progress of the bill; for, in the first case, the title, like the bill, is simply divided into two, and in the other the two titles are only put together into one, with the addi 1 May, 363. 2 Comm. Jour. XII. 183. 3 Comm. Jour. LXXX.617; Same, LXXXIX. 497. tion in the former, and the retrenchment in the latter, of a few formal words. In the house of lords, the practice is to amend the title, whenever any alterations in the bill ́render it necessary; consequently, the fixing of the title is not there, as in the other house, left until the close of the proceedings.1 2230. When a bill passes in the house in which it originated, it is authenticated by an indorsement or certificate thereon by the clerk, and transmitted to the other house to be there proceeded upon in the same manner. When it passes in that house, it is there authenticated in a similar manner, and the fact communicated to the house in which it originated, sometimes with and sometimes without the bill itself. If passed with amendments, it is returned to the house in which it originated, for their concurrence in the amendments. The communications which take place on these occasions, and the certificates or indorsements by which the proceedings on bills are authenticated, will be stated and explained hereafter. CHAPTER FIFTEENTH. OF AMENDMENTS BETWEEN THE TWO HOUSES. 2231. Bills which are passed in one house and sent to the other are sometimes agreed to and passed in the latter, precisely in the form in which they were received. In that case, if they originated in the house of lords, and are agreed to by the commons, they are returned to the former house by the commons; if they originated in the commons, and are agreed to by the lords, they remain in the latter house, and the commons are informed of the agreement by a message. The proceedings between the two houses, with reference to the particular bill, are thus brought to a close. Bills of supply, which always originate in the commons, are informally returned to 1 It does not appear to be the present practice, to make a record on the journal of the title being agreed to, or of the title of the bill in any form, unless it is amended, in which case, it is stated as follows: Resolved, that the bill do pass; and that the title be, &c. Comm. Jour. LXXXVIII. 239. In our legislative as- that branch, after being passed in the lords, and are presented to the sovereign by the speaker. 2232. It frequently happens, however, that a bill, which has passed in one house, is not agreed to by the other in precisely the same form, but only with certain modifications or alterations, with which it is returned to the house in which it originated. In this case, as each of the two houses has passed the bill, in a different form, there is not as yet, strictly speaking, any agreement, or only a conditional one between them in relation to it. 2233. When a bill is thus passed with amendments, it is returned to the house in which it originated, with a message, informing that house, that the other has agreed to the bill with an amendment, or with certain amendments, to which it desires the concurrence of the former. On this message being received and reported, the house may suffer the bill to remain on the table without any order, or may order it to lie there till a more convenient time for entering upon the consideration of the amendments; or it may order the amendments to be taken into consideration on a day named; or it may proceed at once to consider them. In the first case, the house may proceed on some other day, either to consider the amendments, or to appoint a time for their consideration; in the second, the consideration of the amendments having been fixed for a day named, becomes an order of the day for that day, and is proceeded with accordingly. 2234. A proceeding which may take place, preliminary to the consideration of the amendments, is to refer them to a select committee, to consider and report what it shall think proper to offer to the house thereupon. When this course is taken, the committee. reports what it recommends the house to do with reference to each amendment, as, to agree, disagree, or amend. The report is read for the information of the house; and the amendments are then considered and proceeded with in the usual manner; questions being made and put not upon agreeing with the committee, in their report, but upon agreeing, &c. with the amendments,2 according to the suggestions of the committee, if those suggestions should be agreeable to the house. 2235. It has been seen, that there are three different kinds of modifications, which may be made by one house to a bill passed by the other, to only one of which, in a strict sense, the term amendment is applied; but, in the proceedings which take place between the two houses, with reference to coming to an agreement upon them, they are all designated by the general term amendment, and, with certain exceptions, which will be presently noticed, are treated in the same manner. 2236. When the house proceeds to consider the amendments, the first motion is, that they be read; this being agreed to, and the amendments read in course, the next motion is, that they be read a second time; if this motion prevails, the amendments are then read a second time, and separately considered, in the same manner with amendments reported by a committee. When an amendment has been read the second time, and amended, if necessary, or such other proceedings have taken place with reference to it, as the house may think proper, the final motion is that it be agreed to. Formerly, it appears to have been the practice in both houses,1 as it is now in the lords, to read amendments three times, before putting the question for agreeing to them; but, at the present day, amendments properly so called, are only twice read in the commons, as above stated, and engrossed clauses and provisos three times.2 The consideration of a particular amendment may be postponed, or an amendment may be committed, or the debate upon it adjourned; but whatever intermediate proceedings take place, the result is, that the house agrees, or disagrees, or agrees with an amendment, or amendments, to each of the amendments of the other house. 2237. If the amendments are agreed to by the house in which the bill originated, the other house is informed thereof by a message, without the bill, if it is the house of lords which last passed the bill, and accompanied by the bill, if it was last passed by the house of commons. 2238. If the amendments agreed to consist of amendments properly so called, in paper, they are immediately made by the clerk of the house or his assistant, in the bill itself, according to the directions therefor in the paper, and the agreement is certified on the bill itself, and not on the paper of amendments. If the amendments consist of additions to the bill in parchment, that is, clauses or provisos engrossed, the agreement is certified both on the bill itself, and on the engrossed clauses or riders. 2239. When the amendments are disagreed to, if no further proceeding took place, the bill would be lost; but, as the house which passed the bill with the amendments, may be willing to recede from 1 D'Ewes, 91, 564. 2 Comm. Jour. XXXV. 225. さ or waive them, on being informed that they are distasteful to the other, the next step is to inform that house of the disagreement. In this case, as the communication is a mere negative, which carries no reason with it, it is the usual parliamentary course, for the disagreeing house to assign reasons for its disagreement, in order that the house, by which the amendments were made, may know and weigh the grounds upon which they are objected to.1 If it were consistent with the usages of parliament for the disagreement merely to be communicated, it might be done by message; but, as it is to be accompanied by reasons, the more formal mode of conference is necessary. 2240. If either house should so far disregard the forms of proceeding between the two houses, relative to amendments, as to communicate a disagreement merely by message, instead of pro-. posing a conference in order to communicate the disagreement, and at the same time to assign its reasons therefor, the method of proceeding is, to redeliver the bill, (at a conference,) "to the end that the due course of parliament, in the transmitting of things of this nature, may be observed." 2 2241. The next step, therefore, after disagreeing to the amendments, is to appoint a committee to prepare reasons for the disagreement, to be communicated to the other house at a conference. The committee reports reasons, which being considered, and amended, if necessary, are agreed to by the house. A message is then sent to the other house requesting a conference upon the subject-matter of the amendments made by that house to the bill. The conference being agreed upon, and the time and place fixed therefor, managers are appointed, who attend accordingly; and, on returning, report that they have been at the conference, etc., and have delivered to the managers for the other house the reasons for disagreeing to the amendments made by that house to the bill, and have left the bill and amendments with the managers for that house. Here the proceedings on the part of the disagreeing house terminate, until something further has taken place in the other. 2242. The managers for the amending house, on returning from the conference, report, that they have met the managers for the other house, at the conference, etc., who delivered to them the said bill with the amendments, together with a paper containing the reasons of that house for disagreeing thereto. This report may be taken into consideration immediately, or a time may be assigned 1 Hatsell, IV. 10, note. 2 Hatsell, IV. 49. |