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[ I ¦ ¦ 644 The Saturday Anal yst and Le...
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Beport Gjt The Privileges Of The House O...
* I in those cases where they have allowed amendments for the mere correction of clerical errors , or in furtherance of the object and intent of the Bill , they have usually directed special entries to be made in the journals recording the character and purpose of such amendments . Thus , on the 25 th of January , 1693 , the Lords amended a Bill for granting : an aid of 4 s . in the pound by altering the word " receipt" into " precept , " and by inserting the word "to" which had been unintentionally omitted , and by leaving out the word " any , " which was a mere redundancy , through mistake of the clerk . The Commons- agreed to the amendments , but they ordered that " the said amendments be particularly entered in the journals , to the end that the nature of the said amendments may appear . bo , wi * re the words " Great Britain" were inserted by mistake for the word " England , " the Lords' amendments were agreed to , " it appearing that the word ' England' was originally in the Bill when presented to this House , and that the same had not been altered ra any of the subsequent proceedings of the House in lespectto the Bill . " So , to , likewise , where the title had been altered the Lords amendment was agreed to , " it appearing that the said amendments were only for the purpose of making the title agree with the context of the Bill . " X . "Where the Lords have altered a Bill of Supply , the former practice of tlie Commons was either to disagree to the amendments , and so give the Lords the opportunity of waiving such amendments , or else to lay the Bill aside . Thus , on the 8 th of April , 1 / 00 , when Amendments were made in the Land-tax and Irish Forfeitures Bill , although those amendments , as stated by the Lords , did not relate to " aids and supplies granted to His Majesty in Parliament , the Commons state the following reasons for insisting on their right and their mode of enforcing it : — . ¦ ' " For that all aids and supplies granted to His Majesty in parliamentare the sole and entire gift of the Commons , and as all Bills for the granting such aids and supplies begin with the Commons , so it is the undoubted and sole right of the Commons to direct , limit , and appoint in such Bills the ends and purposes , considerations , limitations , and qualifications of such grants , which ought not to be changed or altered by your Lordships . . „ ,, " This is well known to be such a fundamental right pi the Commons that toi give ^ by our ancestors to be a weakening of that right . -, x " The Commons , therefore , leave the Bill and the amendments with your Lordships , together with the ill consequences that attend the not passing this Bill . " > > - ¦' ..- ¦ ¦ „ . The last proceeding in this matter was a free conference on the , 11 th of April , and ^ prorogation of Parliament took place on the same day . „ In some cases where a similar controversy arose the diflerence terminated either in the prorogation of Parliament or in no further proceedings being taken on the Bills . On other occasions the Lords have frequently given way , and so the diflBculties which might have arisen have been avoided . Thus on the 10 th of April , 1677 , the Lords made amendments to a Supply Bill , which the Commons disi agreed to ; afree conference was held , and after such conference it was ordered that such members as did manage it " do search the journals for precedents touching adhering to , Bills . " In the afternoon of rtiie . same day , the- question being put , to agree to the amendments sent from the Lords , it passed in the negative . But two days ailterwards a message came from the Lords , stating that they agreed to leave out their amendments ; and so the Bill was XI . In later times , instead of disagreeing with the Lords' amendments , the usual course has been to postpone the consideration of them ; or to reject the Bill at once ,, or to lay it aside . The last of these courses was sometimes taken in . the earlier periods of our history . On the 24 th March , 1670-1 , when amendments came from the Lords to a . Bill for laying a duty on brandy , it is recorded in the journals that these amendments " being for laying an imposition on the people is a : breach of the privilege of this House , where all impositions on the people ought to begin ; therefore the House did think fit to lay the eaicf Bill and amendments aside . " And on the 3 rd of June , 1772 , when a message came from the Lords returning a Bill , entituled , "An Act to regulate the Importation and Exportation of Corn , " with , an amendment made in the Lords , that no bounty should-be paid on exported corn , ib was " resolved , nemine contradicente , that the said Bill , with the amendments , be rejected . " ( For other cases in , which a similar course has been pursued , see Appendix , No . 47 , 50 , 52 . 92 , 95 , 99 , 111 , 112 , 164 . ) _ ' ¦ XII . Although such Bills , when amended by the Lords , ure ueuully laid anide by the Commons , it does not follow that the object of them has beenv lout .. "Where the Commons have df Hired to concur in the mbt > tancc > of the amendments made by the Lords , they have asserted their privilege by laying aside the amended Bill , and have sent to the Lords anew Bill , containing the amendment made by the Lords . ( See paragraphs * XVI 1 . and XX . ) Bills or Stjefly and Tax Bills . Practice of theCommons-where the Lords dp notpass the-BilK . XIII . By a resolution of the Huuse oi" Commons , passed in the reign of Elizabeth , it wo » laid down tliat , " according to the anciant liberties and privileges of this House , a conference is to be required by the , Court , which , at the time of the conference demanded , shall bo possessed of the BilL" When the Lords , therefor , * , do not return the Bill , the Commons have lost all power over it , mid have no direct means * by conference or otherwise , of coming to any agreement upon it . According to the search Hint has been made in tho journals , there is no histunco of any Supply Bill having been actually rejected or postponed by tho Lords prior to the reign
of Queen Anne . Before that time amendments were maae ana conferences held , which usually terminated Jfe above pointed out The first instance in whieh a Supply or Tax : Bui * M rejectee ^ tarthe Lords occurred in the year 1708 . The B . llin that caseswan entiled "An Act for Laving a further Puty on Woollen and Worsted Yam imported info this ^ ing dom . " It . was a Bill * ^ ™^ £ rT " " ' lution of a Committee of Ways and Means on the 25 t ^ ^ VggJ ; - 1707 ( O . S . ) , and it was passed by the Commons towards laismgthe supplv granted to His Majesty . This Bill was sent to the Lords , and it was Ordered by them that "the said Bill shall be , and hereby iS GfthAlst of January , 1752 , Mr . Charlton reported from . . Committee of the whole House , to whom it was referred to consider further of Ways and Means for raising the supply granted _ o His Majesty , " That from and after the 29 th of September 1752 , the surn of 40 s . shall be paid to His Majesty for a license to be taken out yearly for every person exercising the trade p f a bi-oker , dealing ? n second-hand goods , within the Bills of Mortality " The Bill was sent to the House of Lords , read there a second time and committed for the 24 th of March ; but on the 21 st , after debate it was resolved , " That the House be putinto Committee on the said Bill on that day fortnight . " * The Bill was consequently lost , as Parliament was prorogued on the 26 th . ' ¦ ' . On the 20 th of April , 1790 , a Bill , entituled " An Act for gmnting to His Majesty a Certain Sum of Money , to be raised by a Lottery , was brought " into the Commons , on the resolution of a Committee of Supply . On the 20 th of May it was sent to the Lords . The Lords amended it , and on the 3 rd of June it was ordered by them that the report of the amendments be taken into consideration on that day three months . A new Bill was afterwards brought up from the Commons , and passed . . - « ,, '¦ i-- Gn the 12 th of June , 1827 , a Bill , entituled « An Act forgranting Duties of Customs on Corn , " which had passed ^ the . House of Commons , was ordered by the Lords to be read a third time on the 15 th of June . The Bill was abandoned by the Government m the House of Lords , in consequence of an amendment which had . been made in committee , andaffirmed on rep <> rt . Tins amendment was to the effect that no foreign grain in bond should be taken out oi bond until the average price of wheat should have reached ^ s ^ a quarter . On the 19 th of Junera second Bill was brought in by the Commonsr upon a resolution , " that all corn and gram , & c ., now in warehouse , or which may be reputed to be warehou ^ d ^ oH or before the 1 st of July , may atany time before . the : 1 st of " M « £ * 82 J * b . ¦ -imported upon payment of the duties following , & c , " Tl . e duties ^ were the same as those in the" former Bill . as . passed by the Commons . Thenew Bill did not embody the Lord ^ -aniendments , but effected a temporary arrangement . Ihe new Bill went to the Lords , and was passed into a law . ^ , * ¦ ¦ •¦ t > On the 28 th of July , 1854 , " a Bill to alter the mode of providing for certain " expenses now charged upon certain bram-hes of the public and hereditary revenues , and upon the Consolidated ^ 1 < und was amended in committee by the Lords , nnd ^ the ^ report of the amendments was ordered by them to be received on that day three months . The amendments consisted of the transfer of certain salaries and payments which , under Schedule ( B ) , were to be provided for by annual vote , to Schedule ( A ) , under which those salaries and payments were tTTrCTn - niT ^^ — Fund On the 31 st of July a committee was appointed by the Commons to inspect the Lords * journals with relation to aig- proceedings upon that Bill , and to make report thereot to the House . The report was made on the same djiy , » md a new Bill was brought in by the Commons , embodying the Lords amendments , and that Biirbecame law on the 10 th of August , 1854 . Bills of Sttpply and Tax Bills . Practice of the Lords when the Commons Annex or lack . XIV . When the Commons have annexed to a Bill ot ¦ A - + . or Supply any clause or clauses of which the matter i * i » reign to the Billi the Lords have claimed the right either of amending it m that ^ Th ^ in ^ Biirafrtady referre d to , " The Land-tax and Irish Forfeitures Bill , " of the year 1700 , it appears that the ^<» mm «» s had inserted clauses which created an incapacity in tho Commissioners or Managers of the Excise for sitting in thWt l ^ 1 ' 1 ' ^ - The Lords amended , the Commons disagreed , and chinned their privilege . Conferences were held , and among the rensons a * 8 ten « dby the Lords for their amendments is the following : r" Because the qualification of members to serve in Parliament is a thing , if proper to bo meddled with at all , that hath been thought fit bv the Commons to be in a Bill by itself ; and the joining together in a money Bill things bo totally contrary to the methods ot raising money , and to the quantity or qualifications of tlie sums to be rnised , is wholly destructive ol" the freedom of debute , dangerous to the privileges of tho Lords and to the prerogative ot the Crown . For by this means things of the last ill consequence to tho nation may be brought into money Bills , and yet neither tho Lords nor theCrownbeubletogivoth « ir-negatlvtt . to . thom ^ L ^ U LitJ )*??" !^ ing the public peace and security . " Notwithstanding thfHe reasons the Commons resolved , nemine contradivente , to inuM upon their disagreement with the Lords in the said amendments . A iw » conference was afterwards desired and held , but the Commons adhered to their former rpnsons , and declined to enter into _ nny debates of the Lords' reasons . This took place on the lltn o * April , and ParKumeut was prorogued on the same day . This question was formally taken up by the Lord * on tho Jth ot December , 1702 , when they mude tho following declaration , wnicw was ordered to be added to the roll of standing orders : — lhot tho
[ I ¦ ¦ 644 The Saturday Anal Yst And Le...
[ I ¦ ¦ 644 The Saturday Anal yst and Leader . July 7 , 860 .
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Citation
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Leader (1850-1860), July 7, 1860, page 20, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_07071860/page/20/
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