The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
There is, however, a class of measures on which the rule, if carried out
strictly, would have a distinctly injurious effect. These are the
private bills--a term applied to projects which relate to private or
local interests, such as bills for the extension of a railway, or for
authority to supply water, gas, tramways and the like. Legislation of
that kind is, as we shall see, conducted in Parliament by a
semi-judicial process, and as it is highly expensive for both sides, it
would be unreasonable that the closing of the session, for reasons quite
unconnected with these matters, should oblige the promoters and
objectors to incur the cost of beginning proceedings all over again. In
practice this seldom happens, for in the few cases where such a bill
cannot be completed before the end of the session it is usually
suspended by a special order providing that the stages it has already
passed shall be formally taken at the opening of the next session, so
that the bill really begins its progress again at the point it had
already reached. When, as in 1895, Parliament comes to an untimely end
in the midst of a session, a general provision of this kind is made
suspending all unfinished private bills, and thus a great deal of
unnecessary hardship is avoided.
FOOTNOTES:
[239:1] In a couple of instances natives of India have been elected.
[240:1] The question was raised in 1801 in the famous case of Horne
Tooke, and set at rest for the future by an Act of that year: 41 Geo.
III., c. 63. The provision in regard to the Roman Catholic clergy was
made in 1829: 10 Geo. IV., c. 7, § 9.
[240:2] 33-34 Vic., c. 91.
[240:3] A cause that disqualifies will not always unseat. For the latter
purpose bankruptcy and lunacy must have continued six months. Rogers,
II., 43, 44.
[240:4] 6 Anne, c. 7, §§ 25, 26. Referred to in the Revised Statutes as
6 Anne, c. 41.
[241:1] Statement by the Attorney General, Hans. 3 Ser., CLXXIV.,
1236-37.
[241:2] Todd, "Parl. Govt. in England," 2 Ed., II., 331-39.
[242:1] 30-31 Vic., c. 102, § 52, and Sched. H.
[242:2] This became obsolete by long-continued disregard. It is said to
be the only case of a statute which is deemed to have been annulled by
"contrarius usus." It was afterwards expressly repealed by statute.
Rogers, II., 38.
[244:1] 9 A. & E., 1.
[244:2] 3-4 Vic., c. 9.
[245:1] "Law and Custom of the Constitution," I., 175.
[245:2] "Law of the Constitution," 5 Ed., 56, note.
[245:3] Anson, I., 287-88.
CHAPTER XII
PROCEDURE IN THE HOUSE OF COMMONS
_The House, its Rules and Officers_
[Sidenote: Small Number of Seats.]
Public-domain text, read in full here on John Shaqi.
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