CHAPTER II. ON THE PRACTICE AND PROCEED- SECTION I.. On the Passing of Public Bills. PROCEEDINGS in Parliament relate, 1. to the passing of bills; 2. and to certain other matters not referrible to any one general head. Of these, the former will be the subject of the first and second, the latter of the following sections. Acts of parliament are, 1. Public or general; 2. Private or particular. Public acts are those which relate to the public in general. Private, those which relate to the inhabitants of a particular district, or to particular individuals; and of these two classes of private acts, the first are called Local, the second Personal. The distinction between Public and Private acts, though now formally recognised as well in parliament as in the printed collections, has not been applied to any statutes previous to the reign of Richard the Third. It is necessary, in the present treatise, to keep this distinction in view; since, though most regulations applicable to the passing of Public, apply to Private acts, yet over and above these there are many peculiar to the latter. First, then, of the passing of Public bills; in discussing which, regulations not applicable to private bills, and not specially marked in the section following the present, will be noticed by the way. Public and private acts distinguished. The first step to a public bill, unless a bill of supply or Motion for charge upon the subject (of which hereafter), is a motion leave. 1 The clause commonly subjoined to a private bill,-that it shall be considered as a public act, will not change its nature, but only (and which is the sole object) dispense with the necessity of specially pleading it. (by any member that pleases) for leave to bring it in ;' whereupon the House assenting, orders that it shall be prepared and brought in,2 sometimes by a select comForm of the bill. mittee, but usually by the mover himself. The mode of preparation is, by drawing it out on paper with a multitude of blanks or void spaces, where any thing occurs that is dubious, or necessary to be settled by the parliament itself, such especially as the precise date of times, the nature and quantity of penalties, or of any sums of money to be raised; being, indeed, only the skeleton of the bill. To this mode, however, bills of grace are an exception, which come to the House engros-ed in parchment, and signed by the king. In this state it is presented to the House; its progress through which is, in regular course, marked by five distinct stages; the first and second reading, commitment, third reading, and motion that it pass. Sometimes, however, the commitment is upon the first reading. Sometimes, too, there is no commitment at all, namely, where upon the second reading there is no objection to the bill, nor any blanks to be filled up. And bills of grace, as for a general pardon or for naturalization, pass at once upon the first reading.8 Its different stages. First reading. 6 The bill is usually read a first time on its being presented; though the reading may be appointed for a subsequent day.10 And if on presentment neither is it read nor a day for the reading fixed, it may afterwards be read on motion,11 or upon motion a day for the reading named.12 Second reading. The second reading may immediately follow the first; or which is more usual, may be on a subsequent day;13 by special appointment on the first reading, or upon a subsequent motion that the bill be now read, or a time for, the reading fixed.14 Sometimes the second reading is directed to be in a full House.15 Upon the first reading, the bill is delivered, with a brief of it, to the Speaker; and after each reading, having stated to the House the title and substance of the bill, he puts the question whether it shall proceed any further. The introduction of the bill may Opposition to the bill. 11 20 Dec. 1699. 12 20 Dec. 1699. 13 16 Nov. 1699; 29 Nov. 1699. 14 11 Dec. 1699. 15 20 Jan. 1699. 16 D'Ew. 17.. be originally opposed, as the bill itself may at either of the readings; and if the opposition succeeds, the bill must be dropped for that session as it must also, if opposed with success in any of the subsequent stages.' After the second reading, the bill is committed, that is, Committee. referred to a committee; which is either selected by the House in matters of small importance, or else, upon a bill of consequence, the House resolves itself into a committee of the whole house. Select committees are either left to their own discretion, or specially instructed by the House. They name one of their number for chairman.3 By whom, or by any other the committee may appoint, their conclusions are reported to the House. A committee cannot continue sitting after the House is assembled; but may adjourn from time to time. A matter referred to one committee may be afterwards transferred to another.5 6 A committee is usually empowered to send for persons and papers; when the chairman may issue his order to that effect; otherwise, the Speaker's order is the only warrant. If on personal service of the order, or what the House (upon a special motion) may substitute for personal, the witness continues obstinate, he may be committed for the contempt. So if his testimony is false, or he is guilty of prevarication, the House will severely punish him. As they will likewise one who directly or indirectly attempts to prevent the appearance or deposition of a witness, or tampers with him. A witness is privileged from arrest in coming to and attending a committee, and in returning home; and if arrested, will be discharged by the House on motion. A committee of the whole House is composed of every member; and to form it the Speaker quits the chair (another member being appointed chairman) and may sit and debate as a private member. In these committees, the bill is debated clause by clause, amendments made, the blanks filled up, and sometimes the bill entirely new modelled. After it has gone through the committee the chairman reports it to the House with such amendments as the committee have made; and then the House reconsiders the whole bill again, and the question is repeatedly put upon every clause and amendment. When the House hath agreed or 1 1 Com. 182. 2 27 Nov. 1699. 34 Inst. 12. + 4 Inst. 12. 5 11 Jan. 1699. 6 24 Oct. 1702; 29 Nov. 1710. Passing. disagreed to the amendments of the committee, and sometimes added new amendments of its own, the bill (unless a bill of grace, which comes to the House engrossed alEngrossment. ready1) is then ordered to be engrossed, or written in a strong gross hand, on one or more long rolls (or papers) Third reading. of parchment sewed together. When this is finished, it is read a third time, and amendments are sometimes then made to it; and if a new clause be added, it is done by tacking a separate piece of parchment on the bill, which is called a ryder." The Speaker then again opens the contents; and holding it up in his hands puts the question, whether the bill shall pass. If this is agreed to, the title to it is then settled; which used to be a general one for all the acts passed in the session, till in the fifth year of Henry 8. distinct titles were introduced for each chapter. Transmission to After this, the clerk, within the bill at the top upon the right hand, writes, soit baille aux seigneurs (or where a bill is passed by the Lords-soit baille aux commons"); one of the members is directed to carry it to the Lords, and desire their concurrence; who, attended by several more, carries it to the bar of the House of Peers, (who thereupon rise?) and there delivers it to their Speaker, who comes down from his woolsack to receive it.8 Title. the Lords. Proceedings in the Lords. Amendments. It there passes through the same forms as in the other House (except engrossing, which is already done)9 and if rejected, no more notice is taken, but it passes sub silentio, to prevent unbecoming altercations. But if it is agreed to, the Lords send a message by two masters in chancery (or sometimes two of the judges) that they have agreed to the same: and the bill remains with the Lords, if they have made no amendment to it. But if any amendments are made, such amendments are sent down with the bill to receive the concurrence of the Commons. Amendments should be written, not upon the engrossed bill, but upon a separate paper, with references to the lines in which they occur. And when finished, the bill should be subscribed-a cesty bill ovesque les amendments a mesme le bill annexe les seigneurs sont assentus." Amendments are not engrossed on parchment,12 though it is otherwise with a new clause or proviso added to the bill; which, after engrossment, is subscribed 1 D'Ew. 20. 2 Noy 84. 3 D'Ew. 45. 4 Bac. on Uses, 326. D'Ew. 45; Fitz. Parl. 1. 7 D'Ew. 585. 8 D'Ew. 585.; 1 Com. 183. 9 D'Ew. 17. 20. 148. 10 D'Ew. 20. 534. 576. 11 D'Ew. 576. soit baille aux commons, tacked to the bill, and transmitted with this subscription-a cesty bill ovesque le schedule ou provision a mesme bill annexe, les seigneurs sont assentus. If the Commons disagree to the amendments, a conference usually follows between members deputed from each House; who, for the most part, settle and adjust the difference but, if both Houses remain inflexible, the bill is dropped, since one House cannot reject the amendments of the other, but must either receive the bill with the amendments, or reject it altogether; though it may add to the amendments. If the Commons agree to the amendments, the bill is amended in form and sent back to the Lords by one of the members, with a message to acquaint them therewith." A conference, if it is upon the subject of a bill de- Conference bepending between the two houses, must be demanded by tween the that House which, at the time of asking the conference, is in possession of the bill." Houses. other's bill. The subjects upon which it happens that conferences On amendments are most frequently demanded are, where amendments by one, of the have been made by one House to a bill passed by the other, to which amendments, the House desiring the conference have disagreed; and the purpose of the conference is to acquaint the House which first made the amendments, with the reasons for such disagreement; in order that, after considering those reasons, the House may be induced either not to insist upon their amendments, or may in their turn assign such arguments for having made them, as may prevail upon the other House to agree to them." When, from inattention to the forms established upon this occasion between both Houses, either House has sent a message that they disagree to amendments, and has not desired a conference to assign their reasons for such disagreement, the bill is redelivered,-to the end, that the due course of parliament in the transmitting of things of this nature may be observed. If the House which amend the bill are not satisfied and convinced by the reasons urged for disagreeing to the amendments, but persevere in insisting upon their amendments, the form is, to desire another conference; at which, in their turn, they state their arguments in favour of the amendments, and the 1 D'Ew. 26. 576. 2 D'Ew. 513. 537. • D'Ew. 534. 4 D'Ew. 576. 1 Com. 183. 184. 54 Hats. 48. 64 Hats. 49. |