[367:1]For the History of this subject see Clifford's "History of Private Bill Legislation."
[367:1]For the History of this subject see Clifford's "History of Private Bill Legislation."
[367:2]The distinction between public and private bills, and public and private acts is not the same. The former depends upon the nature of the procedure in Parliament; while acts are classified as (1) Public General Acts, (2) Local Acts, which have the same legal effect as public acts, but apply only to a particular locality, and may relate to an organ of local government or a company; (3) Private Acts—now few in number—which are of a personal nature, and are not taken notice of by courts unless specially pleaded. With some exceptions that will appear sufficiently in the text, the acts in classes (2) and (3) do, and those in class (1) do not, go through the procedure of private bills.
[367:2]The distinction between public and private bills, and public and private acts is not the same. The former depends upon the nature of the procedure in Parliament; while acts are classified as (1) Public General Acts, (2) Local Acts, which have the same legal effect as public acts, but apply only to a particular locality, and may relate to an organ of local government or a company; (3) Private Acts—now few in number—which are of a personal nature, and are not taken notice of by courts unless specially pleaded. With some exceptions that will appear sufficiently in the text, the acts in classes (2) and (3) do, and those in class (1) do not, go through the procedure of private bills.
[368:1]Hybrid Bills.Cf.May, 634-43. Ilbert, "Leg. Methods and Forms," 29-32. Moreover, as measures intended primarily to affect particular places, may, on account of their far-reaching importance, be treated as public bills, so others designed for public objects may interfere in a peculiar way with private interests. Measures of either kind are sometimes, under the name of "Hybrid Bills," put through a mixed procedure. They are introduced as public bills, and then referred to a private bill committee, which is, however, larger than an ordinary committee of that kind, the members being appointed partly by the House and partly by the Committee of Selection. A procedure of this sort is required in the case of bills of the London County Council for raising loans (S.O.P.B. 194).
[368:1]
Hybrid Bills.
Cf.May, 634-43. Ilbert, "Leg. Methods and Forms," 29-32. Moreover, as measures intended primarily to affect particular places, may, on account of their far-reaching importance, be treated as public bills, so others designed for public objects may interfere in a peculiar way with private interests. Measures of either kind are sometimes, under the name of "Hybrid Bills," put through a mixed procedure. They are introduced as public bills, and then referred to a private bill committee, which is, however, larger than an ordinary committee of that kind, the members being appointed partly by the House and partly by the Committee of Selection. A procedure of this sort is required in the case of bills of the London County Council for raising loans (S.O.P.B. 194).
[368:2]To distinguish between the two classes of standing orders the numbers of those relating to public business are printed in the parliamentary papers in bold-faced type. But in the footnotes to this book those relating to private business are referred to as S.O.P.B. The references are to the standing orders as revised in 1903, because a number of changes were made in that year in pursuance of the recommendations of the Select Committee of 1902. The statements in this chapter relate to the procedure in the House of Commons; for the practice in the House of Lords is so nearly the same in almost all essential points, that it is enough to indicate the more important differences in the text or in the notes. A memorandum on the differences in detail may be found in the Report of the Committee on Private Business (Com. Papers, 1902, VII., 321, App. 15).
[368:2]To distinguish between the two classes of standing orders the numbers of those relating to public business are printed in the parliamentary papers in bold-faced type. But in the footnotes to this book those relating to private business are referred to as S.O.P.B. The references are to the standing orders as revised in 1903, because a number of changes were made in that year in pursuance of the recommendations of the Select Committee of 1902. The statements in this chapter relate to the procedure in the House of Commons; for the practice in the House of Lords is so nearly the same in almost all essential points, that it is enough to indicate the more important differences in the text or in the notes. A memorandum on the differences in detail may be found in the Report of the Committee on Private Business (Com. Papers, 1902, VII., 321, App. 15).
[369:1]The rules about notice are contained in S.O.P.B. 3-22. See also May, 680-81.
[369:1]The rules about notice are contained in S.O.P.B. 3-22. See also May, 680-81.
[369:2]S.O.P.B. 23-31.
[369:2]S.O.P.B. 23-31.
[369:3]Ibid., 32-34.
[369:3]Ibid., 32-34.
[369:4]Ibid., 35-37, 55-59. By the so-called Wharncliffe Order a special meeting of the members of any company must be held to authorise or ratify an application for a private bill.Ibid., 62-68.
[369:4]Ibid., 35-37, 55-59. By the so-called Wharncliffe Order a special meeting of the members of any company must be held to authorise or ratify an application for a private bill.Ibid., 62-68.
[369:5]S.O.P.B. 69-78.
[369:5]S.O.P.B. 69-78.
[369:6]May, 682;cf.Clifford, 788-95.
[369:6]May, 682;cf.Clifford, 788-95.
[369:7]S.O.P.B. 69-78, 230-32. May, 683-91.
[369:7]S.O.P.B. 69-78, 230-32. May, 683-91.
[370:1]The legislative procedure in the House is regulated by Part IV. (193-226) of the Standing Orders Relating to Private Business; the conduct of the Private Bill Office by Part V. (227-49); the judicial procedure before private bill committees, with the supervision thereof by the officers of the House, and the prescription of provisions that must, or must not, be inserted, by Part III. (69-162).
[370:1]The legislative procedure in the House is regulated by Part IV. (193-226) of the Standing Orders Relating to Private Business; the conduct of the Private Bill Office by Part V. (227-49); the judicial procedure before private bill committees, with the supervision thereof by the officers of the House, and the prescription of provisions that must, or must not, be inserted, by Part III. (69-162).
[370:2]Rep. of Sel. Com. on Priv. Business, Com. Papers, 1888, XVI., 1, Q. 340; Rep. of a similar Com., Com. Papers, 1902, VII., 321, Qs. 193, 1957-5. Formerly many more private bills began in the Commons than in the Lords, but now the numbers are not very far from the same.Ibid., Q. 337, and App. 8.
[370:2]Rep. of Sel. Com. on Priv. Business, Com. Papers, 1888, XVI., 1, Q. 340; Rep. of a similar Com., Com. Papers, 1902, VII., 321, Qs. 193, 1957-5. Formerly many more private bills began in the Commons than in the Lords, but now the numbers are not very far from the same.Ibid., Q. 337, and App. 8.
[370:3]Until 1903 the division of bills between the two Houses was not made until after Parliament met.Ibid., Qs. 166-68, 197. But the committee of 1902 recommended a change which was made (Ibid., Report Sect. 18 S.O.P.B. 79).
[370:3]Until 1903 the division of bills between the two Houses was not made until after Parliament met.Ibid., Qs. 166-68, 197. But the committee of 1902 recommended a change which was made (Ibid., Report Sect. 18 S.O.P.B. 79).
[371:1]S.O.P.B. 91-97. There is a committee with similar powers in the House of Lords, composed of forty peers, besides the Chairman of Committees who with any two other members forms a quorum. May, 796.
[371:1]S.O.P.B. 91-97. There is a committee with similar powers in the House of Lords, composed of forty peers, besides the Chairman of Committees who with any two other members forms a quorum. May, 796.
[371:2]S.O.P.B. 197. This is a change made in accordance with the report of the Select Committee of 1902. Before that time a vote, though a formal one, took place on the first reading.
[371:2]S.O.P.B. 197. This is a change made in accordance with the report of the Select Committee of 1902. Before that time a vote, though a formal one, took place on the first reading.
[371:3]Clifford, I., 70-71, 256; II., 821-43. Rep. of Com. on Priv. Bill Leg., Com. Papers, 1888, XVI., 1, p. xix.
[371:3]Clifford, I., 70-71, 256; II., 821-43. Rep. of Com. on Priv. Bill Leg., Com. Papers, 1888, XVI., 1, p. xix.
[372:1]In the Lords the committees on opposed bills consist of five members and the chairman has no casting vote. In the Commons he has both an ordinary and a casting vote, S.O.P.B. 124. In the Lords there is no Committee on Railway and Canal Bills.
[372:1]In the Lords the committees on opposed bills consist of five members and the chairman has no casting vote. In the Commons he has both an ordinary and a casting vote, S.O.P.B. 124. In the Lords there is no Committee on Railway and Canal Bills.
[372:2]S.O.P.B. 98, 103, 105-6, 108, 110-13, 116-17, 208. Until a few years ago there was a paid referee who could sit on the committee with an advisory voice but no vote. May, 728. There were formerly two paid referees, and later only one.
[372:2]S.O.P.B. 98, 103, 105-6, 108, 110-13, 116-17, 208. Until a few years ago there was a paid referee who could sit on the committee with an advisory voice but no vote. May, 728. There were formerly two paid referees, and later only one.
[372:3]Clifford, I., 117.
[372:3]Clifford, I., 117.
[372:4]S.O.P.B. 98-106, 115, 208.
[372:4]S.O.P.B. 98-106, 115, 208.
[373:1]May, 767. Ilbert, "Manual," § 92, and p. 294. It is appointed by the Committee of Selection.
[373:1]May, 767. Ilbert, "Manual," § 92, and p. 294. It is appointed by the Committee of Selection.
[373:2]S.O.P.B. 127-28. If the bill is brought from the House of Lords, or delayed in any other way, the petition must be filed within ten days of the first reading.
[373:2]S.O.P.B. 127-28. If the bill is brought from the House of Lords, or delayed in any other way, the petition must be filed within ten days of the first reading.
[373:3]May, 733.
[373:3]May, 733.
[373:4]S.O.P.B. 87-89. Until 1902 the Speaker's Counsel and the paid referee were members, and the important members, of the court.
[373:4]S.O.P.B. 87-89. Until 1902 the Speaker's Counsel and the paid referee were members, and the important members, of the court.
[374:1]Rep. Com. on Priv. Bill Leg., Com. Papers, 1888, XVI., 1, p. iv., and see the evidence before the Committee on Private Business, Com. Papers, 1902, VII., 321.
[374:1]Rep. Com. on Priv. Bill Leg., Com. Papers, 1888, XVI., 1, p. iv., and see the evidence before the Committee on Private Business, Com. Papers, 1902, VII., 321.
[374:2]S.O.P.B. 129-35. These precedents are collected in the reports of cases in the Court of Referees, by Rickards and Saunders, and Saunders and Austin.
[374:2]S.O.P.B. 129-35. These precedents are collected in the reports of cases in the Court of Referees, by Rickards and Saunders, and Saunders and Austin.
[374:3]By the Borough Funds Act of 1872 the expense of promoting a private bill cannot be incurred by a local authority unless sanctioned by a meeting of the rate-payers. Glen, "Law of Public Health," 12 Ed., 483, 967-68. But this does not apply to matters for which provisional orders can be obtained.Ibid., 970;cf.Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 2242, 2290-92, 2329-31. By the Borough Funds Act, 1903, no such sanction is required for opposing a private bill.
[374:3]By the Borough Funds Act of 1872 the expense of promoting a private bill cannot be incurred by a local authority unless sanctioned by a meeting of the rate-payers. Glen, "Law of Public Health," 12 Ed., 483, 967-68. But this does not apply to matters for which provisional orders can be obtained.Ibid., 970;cf.Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 2242, 2290-92, 2329-31. By the Borough Funds Act, 1903, no such sanction is required for opposing a private bill.
[374:4]Cf.May, 734-52.
[374:4]Cf.May, 734-52.
[374:5]But usually only in case they appear as a class. S.O.P.B. 133; May, 735.
[374:5]But usually only in case they appear as a class. S.O.P.B. 133; May, 735.
[375:1]Rep. of Com. on Municipal Trading, Com. Papers, 1900, VII., 183, Qs. 576, 582, 2377.
[375:1]Rep. of Com. on Municipal Trading, Com. Papers, 1900, VII., 183, Qs. 576, 582, 2377.
[375:2]If the Court of Referees thinks fit. S.O.P.B. 133a. This provision is not restricted to cases of competition.
[375:2]If the Court of Referees thinks fit. S.O.P.B. 133a. This provision is not restricted to cases of competition.
[375:3]May, 691-93.
[375:3]May, 691-93.
[375:4]By custom, parliamentary counsel are never appointed to the bench, and as they cannot enter Parliament without giving up their practice, they are shut out from a political career.
[375:4]By custom, parliamentary counsel are never appointed to the bench, and as they cannot enter Parliament without giving up their practice, they are shut out from a political career.
[375:5]May, 781-82.
[375:5]May, 781-82.
[376:1]Cf.S.O.P.B. 154, 155, 157a, 158b, 173, 194c.
[376:1]Cf.S.O.P.B. 154, 155, 157a, 158b, 173, 194c.
[376:2]S.O.P.B. 212.
[376:2]S.O.P.B. 212.
[376:3]Ibid., 150, 157, 157a, 173a, 194c, 194d.
[376:3]Ibid., 150, 157, 157a, 173a, 194c, 194d.
[377:1]Rep. Com. on Municipal Trading, Com. Papers, 1900, VII., 1, Qs. 569, 985.
[377:1]Rep. Com. on Municipal Trading, Com. Papers, 1900, VII., 1, Qs. 569, 985.
[377:2]Cf.S.O.P.B. 79-86.
[377:2]Cf.S.O.P.B. 79-86.
[377:3]The total number of private bills that come before the House of Commons runs from 150 to 250 a year, and of these about one half are unopposed in that House. There are also about 50 unopposed provisional orders.
[377:3]The total number of private bills that come before the House of Commons runs from 150 to 250 a year, and of these about one half are unopposed in that House. There are also about 50 unopposed provisional orders.
[377:4]Cf.S.O.P.B. (1902) 109, 137. For bills originating in the House the third man was the member indorsing the bill. But this member, if interested, locally or otherwise, although taking part in other ways, could not vote. S.O.P.B. (1902) 139, now S.O.P.B. 138. For bills coming from the House of Lords he was Mr. Parker Smith, M.P. Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 23, 68-69, 368; and see the Return printed yearly in the Commons Papers of the persons who served on the committee for each unopposed bill.In the Lords the Committee on unopposed bills consists of the Chairman of Committees and such lords as think fit to attend, but the work is practically done by the Chairman and his counsel. May, 801. Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 1961, 1984-85, 2096, 2099-2104.
[377:4]Cf.S.O.P.B. (1902) 109, 137. For bills originating in the House the third man was the member indorsing the bill. But this member, if interested, locally or otherwise, although taking part in other ways, could not vote. S.O.P.B. (1902) 139, now S.O.P.B. 138. For bills coming from the House of Lords he was Mr. Parker Smith, M.P. Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 23, 68-69, 368; and see the Return printed yearly in the Commons Papers of the persons who served on the committee for each unopposed bill.
In the Lords the Committee on unopposed bills consists of the Chairman of Committees and such lords as think fit to attend, but the work is practically done by the Chairman and his counsel. May, 801. Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 1961, 1984-85, 2096, 2099-2104.
[377:5]Com. Papers, 1902, VII., 321, pp. viii-ix.
[377:5]Com. Papers, 1902, VII., 321, pp. viii-ix.
[378:1]S.O.P.B. 109.
[378:1]S.O.P.B. 109.
[378:2]Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 25, 27, 72-73, 1393, 1405-8.
[378:2]Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 25, 27, 72-73, 1393, 1405-8.
[378:3]S.O.P.B. 83, 209.
[378:3]S.O.P.B. 83, 209.
[378:4]Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 75-76, 1410-12.
[378:4]Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 75-76, 1410-12.
[378:5]Ibid., Q. 1391.
[378:5]Ibid., Q. 1391.
[378:6]S.O.P.B. 213.
[378:6]S.O.P.B. 213.
[379:1]S.O.P.B. 81, 84, 85, 215-16, 218. Amendments made by the Lords must also be laid before the Chairman of Ways and Means.Ibid., 86. Before consideration bills must also be sent again to the government departments where they have to be deposited before they are introduced.Ibid., 84.
[379:1]S.O.P.B. 81, 84, 85, 215-16, 218. Amendments made by the Lords must also be laid before the Chairman of Ways and Means.Ibid., 86. Before consideration bills must also be sent again to the government departments where they have to be deposited before they are introduced.Ibid., 84.
[379:2]S.O.P.B. 219. In the House of Lords there is no consideration or report stage, and substantial amendments may be made on third reading. Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, App. 15.
[379:2]S.O.P.B. 219. In the House of Lords there is no consideration or report stage, and substantial amendments may be made on third reading. Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, App. 15.
[379:3]Cf.May, Ch. xxix.
[379:3]Cf.May, Ch. xxix.
[379:4]Cf.Reps. of the Sel. Coms. of 1888 and 1902, Com. Papers, 1888, XVI., 1; 1902, VII., 321.
[379:4]Cf.Reps. of the Sel. Coms. of 1888 and 1902, Com. Papers, 1888, XVI., 1; 1902, VII., 321.
[379:5]Cf.Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, Apps. 8, 12.
[379:5]Cf.Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, Apps. 8, 12.
[380:1]62-63 Vic., c. 47. Section 15 of the act empowers the Lord Chairman of Committees and the Chairman of Ways and Means, acting jointly with the Secretary for Scotland, to make, subject to objection by either House, general orders for regulating proceedings under the Act. These orders, which are voluminous, may be found in Com. Papers, 1900, LXVII., 649. A few standing orders for Scotch bills are published as Part VI. of the Standing Orders relating to Private Business.
[380:1]62-63 Vic., c. 47. Section 15 of the act empowers the Lord Chairman of Committees and the Chairman of Ways and Means, acting jointly with the Secretary for Scotland, to make, subject to objection by either House, general orders for regulating proceedings under the Act. These orders, which are voluminous, may be found in Com. Papers, 1900, LXVII., 649. A few standing orders for Scotch bills are published as Part VI. of the Standing Orders relating to Private Business.
[381:1]Rep. of Com. on Priv. Bill Proc. (Scotland), Com. Papers, 1898, XI., 625.
[381:1]Rep. of Com. on Priv. Bill Proc. (Scotland), Com. Papers, 1898, XI., 625.
[381:2]S.O.P.B. 253.
[381:2]S.O.P.B. 253.
[381:3]The parliamentary returns show that of the dozen persons required each year to make three commissions on groups of petitions, it has been necessary to take only a couple of names from the extra parliamentary panel.
[381:3]The parliamentary returns show that of the dozen persons required each year to make three commissions on groups of petitions, it has been necessary to take only a couple of names from the extra parliamentary panel.
[381:4]By § 8 if the commission report that the order be issued, he may amend their draft.
[381:4]By § 8 if the commission report that the order be issued, he may amend their draft.
[382:1]S.O.P.B. 255-58.
[382:1]S.O.P.B. 255-58.
[382:2]Com. Papers, 1904, VI., 409.
[382:2]Com. Papers, 1904, VI., 409.
[383:1]E.g.Rep. of Com. on Police and Sanitary Bills, Com. Papers, 1898, XI., 555; Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, p. vii.
[383:1]E.g.Rep. of Com. on Police and Sanitary Bills, Com. Papers, 1898, XI., 555; Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, p. vii.
[383:2]The cases where land can be taken compulsorily without confirmation by Parliament, are few, and are in the main confined to widening highways, enlarging public buildings, providing for national defence, furnishing allotments to labourers, and acquiring land for parish purposes. The most striking departure from the rule is in the Act of 1896 for the construction of light railways.Cf.Ilbert, "Leg. Methods and Forms," 320.
[383:2]The cases where land can be taken compulsorily without confirmation by Parliament, are few, and are in the main confined to widening highways, enlarging public buildings, providing for national defence, furnishing allotments to labourers, and acquiring land for parish purposes. The most striking departure from the rule is in the Act of 1896 for the construction of light railways.Cf.Ilbert, "Leg. Methods and Forms," 320.
[383:3]This applies to many matters connected with local government. It is true also of the construction of light railways. 59-60 Vic., c. 48, § 9.
[383:3]This applies to many matters connected with local government. It is true also of the construction of light railways. 59-60 Vic., c. 48, § 9.
[383:4]This is true, for example, of certificates granted by the Board of Trade to railways, for raising capital, working agreements, and other matters.
[383:4]This is true, for example, of certificates granted by the Board of Trade to railways, for raising capital, working agreements, and other matters.
[384:1]To this class belong the orders for providing dwellings for the working classes, granting charters to municipal boroughs, changing the boundaries of divided parishes, constructing tramways in Ireland, etc.
[384:1]To this class belong the orders for providing dwellings for the working classes, granting charters to municipal boroughs, changing the boundaries of divided parishes, constructing tramways in Ireland, etc.
[384:2]For a description of the various statutes giving authority to issue provisional orders see Clifford, Ch. xviii., and May, Ch. xxvi., and for a more exhaustive list of those relating to the Local Government Board see Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, App. 10.
[384:2]For a description of the various statutes giving authority to issue provisional orders see Clifford, Ch. xviii., and May, Ch. xxvi., and for a more exhaustive list of those relating to the Local Government Board see Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, App. 10.
[384:3]The only ones that apply are S.O.P.B. 38 and 39 about replacing workmen's dwellings and the deposit of plans.
[384:3]The only ones that apply are S.O.P.B. 38 and 39 about replacing workmen's dwellings and the deposit of plans.
[385:1]S.O.P.B. 208a.
[385:1]S.O.P.B. 208a.
[385:2]In the House of Lords an unopposed bill, like a public bill, is referred after second reading to a Committee of the Whole. An opposed order goes to a private bill committee, and then, with the rest of the bill to a Committee of the Whole.
[385:2]In the House of Lords an unopposed bill, like a public bill, is referred after second reading to a Committee of the Whole. An opposed order goes to a private bill committee, and then, with the rest of the bill to a Committee of the Whole.
[385:3]S.O.P.B. 151.
[385:3]S.O.P.B. 151.
[386:1]Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, App. 11.
[386:1]Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, App. 11.
[386:2]Ibid., p. 185.
[386:2]Ibid., p. 185.
[386:3]Ibid., App. 6.
[386:3]Ibid., App. 6.
[386:4]Ibid., App. 15, and see the tables appended to the standing orders.
[386:4]Ibid., App. 15, and see the tables appended to the standing orders.
[387:1]Return of Expense of Private Bill Legislation, 1892-98, Com. Papers, 1900, LXVII., 111, p. 7.
[387:1]Return of Expense of Private Bill Legislation, 1892-98, Com. Papers, 1900, LXVII., 111, p. 7.
[387:2]Ibid., 187, p. 66. See also the returns for the preceding seven years in Com. Papers, 1892, LXIII., 51.
[387:2]Ibid., 187, p. 66. See also the returns for the preceding seven years in Com. Papers, 1892, LXIII., 51.
[387:3]Clifford, II., 800.
[387:3]Clifford, II., 800.
[387:4]At the local inquiries held by the departments for the purpose of issuing provisional orders, any resident of the district has, in some cases, at least, a right to be heard. Macassey, "Private Bills and Provisional Orders," 388, 418.
[387:4]At the local inquiries held by the departments for the purpose of issuing provisional orders, any resident of the district has, in some cases, at least, a right to be heard. Macassey, "Private Bills and Provisional Orders," 388, 418.
[388:1]Rep. of Com. on Municipal Trading, Com. Papers, 1900, VII., 183, Qs. 421, 423.
[388:1]Rep. of Com. on Municipal Trading, Com. Papers, 1900, VII., 183, Qs. 421, 423.
[389:1]Rep. of the Com. on Municipal Trading, Com. Papers, 1900, VII., 183, Q. 987; Rep. of the Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 2368-69, 2403-4.
[389:1]Rep. of the Com. on Municipal Trading, Com. Papers, 1900, VII., 183, Q. 987; Rep. of the Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 2368-69, 2403-4.
[389:2]Rep. of Com. on Priv. Business, 1902, VII., 321, Qs. 2378, 2401-2.
[389:2]Rep. of Com. on Priv. Business, 1902, VII., 321, Qs. 2378, 2401-2.
[389:3]Rep. of Com. on Municipal Trading, 1900, VII., 183, Qs. 233-34.
[389:3]Rep. of Com. on Municipal Trading, 1900, VII., 183, Qs. 233-34.
[389:4]Cf. Ibid., Qs. 3, 103, 145, and 1063.
[389:4]Cf. Ibid., Qs. 3, 103, 145, and 1063.
[389:5]S.O.P.B. 80.
[389:5]S.O.P.B. 80.
[389:6]Rep. of Committee on Priv. Business, 1902, VII., 321, Qs. 403-5.
[389:6]Rep. of Committee on Priv. Business, 1902, VII., 321, Qs. 403-5.
[389:7]Ibid., Qs. 391-94.
[389:7]Ibid., Qs. 391-94.
[389:8]Ibid., Q. 2327.
[389:8]Ibid., Q. 2327.
[389:9]Ibid., Qs. 85-87.
[389:9]Ibid., Qs. 85-87.
[389:10]Rep. of Com. on Priv. Bill Legislation, Com. Papers, 1888, XVI., 1, Qs. 340-42.
[389:10]Rep. of Com. on Priv. Bill Legislation, Com. Papers, 1888, XVI., 1, Qs. 340-42.
[390:1]Rep. of Com. on Priv. Bill Legislation, Com. Papers, 1888, XVI., I., Qs. 348. Rep. of Com. on Municipal Trading, 1900, VII., 183, Q. 545.
[390:1]Rep. of Com. on Priv. Bill Legislation, Com. Papers, 1888, XVI., I., Qs. 348. Rep. of Com. on Municipal Trading, 1900, VII., 183, Q. 545.
[390:2]Rep. of Com. on Municipal Trading, 1900, VII., 183, Qs. 2372, 2393, and 2399.
[390:2]Rep. of Com. on Municipal Trading, 1900, VII., 183, Qs. 2372, 2393, and 2399.
[390:3]Rep. of Com. on Priv. Business, 1902, VII., 321, Q. 248.
[390:3]Rep. of Com. on Priv. Business, 1902, VII., 321, Q. 248.
[390:4]Rep. on Municipal Trading, 1900, VII., 183, Q. 3915.
[390:4]Rep. on Municipal Trading, 1900, VII., 183, Q. 3915.
[390:5]Ibid., Qs. 290-91 and 3923-24.
[390:5]Ibid., Qs. 290-91 and 3923-24.
[390:6]Ibid., Qs. 284-85, 390, 3912, 3920, 3922; Rep. of Com. on Priv. Business, 1902, VII., 321, Qs. 77-80, 214-15.
[390:6]Ibid., Qs. 284-85, 390, 3912, 3920, 3922; Rep. of Com. on Priv. Business, 1902, VII., 321, Qs. 77-80, 214-15.
[390:7]Rep. on Municipal Trading, 1900, VII., 183, Qs. 454-55 and 3917-18.
[390:7]Rep. on Municipal Trading, 1900, VII., 183, Qs. 454-55 and 3917-18.
[391:1]Cf.Rep. on Municipal Trading, 1900, VII., 183, Qs. 298, 341-44, 347, 3939-41.
[391:1]Cf.Rep. on Municipal Trading, 1900, VII., 183, Qs. 298, 341-44, 347, 3939-41.
[391:2]For a careful study from this point of view of a fairly good legislative body, by one of its members well fitted to observe, see an article by Francis C. Lowell, in theAtlantic Monthly, LXXIX., 366-77, March, 1897.
[391:2]For a careful study from this point of view of a fairly good legislative body, by one of its members well fitted to observe, see an article by Francis C. Lowell, in theAtlantic Monthly, LXXIX., 366-77, March, 1897.
[392:1]In the five years 1891-95 the number of bills opposed on second reading averaged 17-3/5, while from 1897-1901 they averaged 32. Rep. of Com. on Priv. Business, 1902, VII., 321, Q. 218.
[392:1]In the five years 1891-95 the number of bills opposed on second reading averaged 17-3/5, while from 1897-1901 they averaged 32. Rep. of Com. on Priv. Business, 1902, VII., 321, Q. 218.
[392:2]Rep. of Com. on Priv. Business, 1902, VII., 321, App. 2. But these periods are too short to warrant any accurate conclusion. In not more than eight or nine per cent. of the cases does the opposition seem to have succeeded.Ibid., Q. 219-20.
[392:2]Rep. of Com. on Priv. Business, 1902, VII., 321, App. 2. But these periods are too short to warrant any accurate conclusion. In not more than eight or nine per cent. of the cases does the opposition seem to have succeeded.Ibid., Q. 219-20.
[393:1]Cf.Rep. of Com. on Priv. Bill Leg., Com. Papers, 1888, XVI., 1, Qs. 346-47, 487-88, 553, 1244. Rep. of Com. on Municipal Trading, 1900, VII., 183, Qs. 519, 523-26, 529. Com. on Priv. Business, 1902, VII., 321, Qs. 42-43. In conversation the writer found the opinion that the habit was increasing substantially universal.When the Speaker's Counsel hears that opposition in the House is likely to be made, he sometimes tries to prevent it by arranging for a conference between the promoters and opponents in the presence of the Chairman of Ways and Means. Rep. of Com. on Priv. Bill Legislation, 1888, XVI., 1, Q. 346.
[393:1]Cf.Rep. of Com. on Priv. Bill Leg., Com. Papers, 1888, XVI., 1, Qs. 346-47, 487-88, 553, 1244. Rep. of Com. on Municipal Trading, 1900, VII., 183, Qs. 519, 523-26, 529. Com. on Priv. Business, 1902, VII., 321, Qs. 42-43. In conversation the writer found the opinion that the habit was increasing substantially universal.
When the Speaker's Counsel hears that opposition in the House is likely to be made, he sometimes tries to prevent it by arranging for a conference between the promoters and opponents in the presence of the Chairman of Ways and Means. Rep. of Com. on Priv. Bill Legislation, 1888, XVI., 1, Q. 346.
Tracing its origin to the ancient council of the magnates of the realm, the House of Lords has, in the fulness of time, undergone several changes of character.[394:1]From a meeting of the Great Council of the King, it became an assembly of his principal vassals, the chief landholders of the Kingdom, ecclesiastical and lay; and finally it was gradually transformed into a chamber of hereditary peers, enjoying their honours by virtue of a grant from the Crown. Each phase has left a trace upon its organisation or functions, or upon the privileges of its members.
Composition of the House.
Before the Reformation the ecclesiastics in the House of Lords,[394:2]including the abbots and priors, usually outnumbered the laymen; but upon the dissolution of the monasteries, and the disappearance therewith of the abbots and priors, the proportions were reversed, and the hereditary element became predominant. At present the House contains several kinds of members, for it must be remembered that every peer has not a right to sit, and all members of the House are not in every respect peers.
The Hereditary Peers.
First there are the peers with hereditary seats. They are the peers of England, created before the union with Scotland in 1707; the peers of Great Britain created between that time and the union with Ireland in 1801; and the peers of the United Kingdom created thereafter. They rank as dukes, marquises, earls, viscounts, and barons, whoseprecedence, with that of their wives and children, furnishes abundant interest to those who care for such things. The Crown, that is, the ministry of the day, has unlimited power to create hereditary peerages with any rules of descent known to the law in the case of estates in land,[395:1]and since the accession of George III. the power has been freely used. All but seventy-four out of nearly six hundred seats belong to this class, which is now the only channel for an increase in the membership of the House.
The Representative Peers of Scotland.
When the union with Scotland was made in 1707, the Scotch peers were more numerous in proportion to population than the English; and therefore, instead of admitting them all to the House of Lords, it was provided that they should elect sixteen representatives of their order for the duration of each Parliament. No provision was made for the creation of new Scotch peers, so that with the dying out of peerages, and the giving of hereditary seats to Scotch noblemen by creating them peers of the United Kingdom,[395:2]the number of Scotch peers who have no seats in their own right has fallen from one hundred and sixty-five to thirty-three. Within another generation they may not be more than enough to furnish the sixteen representatives.
Of Ireland.
The same problem arose upon the union with Ireland a hundred years later; but the Scotch precedent was not followed in all respects; for the act provided that the Irish peers should elect twenty-eight of their number representatives for life, and an arrangement was also made for perpetuating the nobility of Ireland within certain limits. Not more than one new Irish peerage was to be created for every three that became extinct, until the number—exclusive of those having hereditary seats in the House ofLords under other titles—had fallen to one hundred, a limit above which it can never be raised.[396:1]There is another important difference between the Scotch and Irish peers. The former are wholly excluded from the House of Commons, but the latter can sit for any constituency in Great Britain, though not in Ireland. Under this provision Irish peers have, in fact, often sat in the Commons, the most famous case being that of Lord Palmerston. The Irish peerage thus affords an opportunity to ennoble a statesman, without putting an end to his political career in the popular chamber.
The Bishops.
The dissolution of the monasteries, by removing the abbots and priors from the House of Lords, left the bishops the only spiritual peers; and as such they have held their seats to the present day. By the time the union with Scotland was made, the established church of that kingdom was Presbyterian in form, and no Scotch ecclesiastics were added to the House of Lords. But the Irish established church was Episcopal and Protestant, and hence at the union with Ireland in 1801 four places were given to her bishops, who filled them by rotation sitting for a session apiece. With the disestablishment of the Irish Church in 1869 its representatives vanished from Parliament, leaving the English prelates as the only spiritual peers in the House of Lords.[396:2]Meanwhile the greater attention paid to the needs of the Church has brought about the creation of new bishoprics in England; but in order not to increase the number of spiritual peers, it has been provided that while the Archbishops of Canterbury and York, with the Bishops of London, Durham, and Winchester, shall always have seats in the House of Lords, of the rest only the twenty-one shall sit who are seniors in the order of appointment.[396:3]The spiritual peers are members of the House solely by virtue of their office, and so long as they retain it. Except, in fact, for the five great sees they are members only by virtue of seniorityin office. At times the Nonconformists have tried to exclude them altogether; but with the growth in the number of lay peers their relative importance has diminished, and it is not probable that they will be removed, unless as part of a larger movement for the reform of the House of Lords, or the disestablishment of the Church.
Life Peers.
The Case of Baron Wensleydale.
Since the House of Lords is not only a legislative chamber, but also the highest court of appeal for the British Isles, it is well that it should contain at all times the legal talent required for the purpose. An obvious method of accomplishing the result, without permanently enlarging the House, or hampering the career of heirs who may not have the wealth to support the dignity, is by giving seats for life to eminent judges. With this object Sir James Parke, a distinguished baron of the Court of Exchequer, received in 1856 a patent as Baron Wensleydale for life. Much learning has been expended upon the question whether the Crown has ever exercised the power to create a life peer with a seat in the House of Lords,[397:1]and whether, if it ever existed, the power has become obsolete; but the Wensleydale case was settled by a vote of the House that the Letters Patent did not enable the grantee to sit and vote in Parliament. Sir James Parke was thereupon created Baron Wensleydale with an hereditary title, and the appointment of Law Lords as life peers was postponed a score of years.
The Lords of Appeal.
At last the need for increasing the legal members of the House became so clear that in 1876 an act was passed to authorise the appointment of two, and ultimately of four, Lords of Appeal in Ordinary for life.[397:2]They hold the position, and enjoy a salary of six thousand pounds, on the same tenure as other judges; and since 1887 they have also had a right to sit in the House as long as they live, irrespective of their tenure of the office. The motive for their creation was simply to strengthen the House of Lords as a court ofappeal. Proposals for life peerages on a more extended scale have also been made in connection with plans to reform the House of Lords as a branch of Parliament. So far these have come to nothing; and, as we shall see hereafter, it is by no means clear that they would attain the end in view, or that, if they did, they would be wise.