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Leader (1850-1860), 7th July 1860, Edition 1 of 2, Page 644

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      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 bad been unintentionally omitted , and by leaving : 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 . " So , where 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 in any of the subsequent proceedings of the House in lespect to the Bill . " So , to , likewise , where the title had been altered tlie 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 . "

      of Queen Anne . Before that time amendments were made and conferences held , which usually terminated afe above pointed out . The first instance in whieh a Supply or Tax Bill was rejected hy the Lords occurred in the year 1708 . The BUI in that case was entituled "An Act for Laying- a further I > uty on Woollen and Worsted Yarn imported into this JKingdom . " It was a Bill founded oi > the resolution of a Committeeof Ways and Means on the 25 th of February , 1707 ( O . S . ) , and it was passed by the Commons towards raisingthe supply 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 rejected . " ' from

      On the 21 st of January , 1752 , Mr . Ckarlton reported a Committee of the whole House , to whom it was referred to consider further of Ways and Means for raising the supply granted io His Majesty , " That from and after the 29 th of September , 1752 , the sum of 40 s . shall be paid to His Majesty for a license to be taken out yearly ( or every person exercising- the trade of a broker , dealing in 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 piitinto 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 granting 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 oil that day three months . A new Bill was afterwards brought up from the Commons , and passed . On the 12 th of June , 1827 , a Bill , entituled " An Act for granting-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 i in

      15 th of June . Tne . ¦ . i . li was aoanaonea Dy cue ^ oyernmen me House of Lords , in consequence of ari amendment which had been made in committee , and affirmed on report . This amendment was to the effect that no foreign grain in bond should be taken out of bond until the average price of wheat should have readied , 66 s . a qiiarter . On / the 19 th of June , ~ a second Bill was brought in by the Commons upon a resolution , " that all corn and grain , &c ., now in warehouse , or which may be reputed to be warehoused , on or before the 1 st of July , may at" any time before the 1 st of May , 1828 , be imported upon payment of the duties following , Ac / ' The duties were the same as those in the" former Bill , as : passed by the Commons . The new Bill did not embody the Lords ^ amendments , buteffected a temporary arrangement . The new Bill went to the Lorda , and was passed into a law . ' . . „

      On the 28 th of July , 1854 , a Bill to alter the mode of providing for certain " expenses now charged upon certain branches of the public and hereditary revenues , and upon the Consolidated Fund , " was amended in committee by the Lords , and 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 weret ^ rcOTdTrdTaTged-on-t-he- € ! t > ns <> Hdated Fund . On the 31 st of July a committee was appointed by the Commons to inspect the Lords' journals with relation to auy proceedings upon that Bill , and to make report thereof to the House . The'report was '" made on the same day , and a new Bill was brought in by the Commons , embodying the Lords' amendments , and that Billbecarne law on the 10 th of August , 1854 . Bills of Supply and Tax Bills . Practice of the Lords when the Commons Annex or Tack .

      XIV . When the Commons have annexed to a Bill of Aid or Supply any clause or clauses of which the matter ia foreign to the Bil ) , the Lords have claimed the right either of amending it in that behalf , or of rejecting it . Thus inn Bill already referred to , " The Land-tax and Irish Forfeitures Bill , " of the year 1700 , it appears that the Commons had inserted clcuses which created an incapacity in the Commissioners or Managers of the Excise for sitting in that Parliament . The Lords amended , the Commons disagreed , and claimed their privilege . Conferences were held , and among , the reasons assigned by the Lords for their amendments is the following :- — " 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 by the Commons to be in a Bill by itself ; and the joining together in a money Bill things so totally contrary to the methods or raising money , and to the quantity or qualifications of the sums to

      be raised , is wholly destructive of the freedom of debute , dangerous to the privileges of tlio Lords and to the prerogative of the Crown . For by this means things of the last ill consequence to the nation way be brought into money Bills , and yet neither tho Lords nor the Crown be able to givo tli « ir uegativu to , thenJJwith . uLLtJ . l *? H " . ing the public peace and security . " Notwithstanding these reasons the Commons resolved , nomine contradiceide , to inuiftfc upon their disagreement with the Lords in the eaid amendments . A free conference was afterwards desired and held , but the Commons adhered to their former roneons , and declined to enter into any debates of the Lords' reasons . This took place on the 11 th ot April , and ParHinnent was prorogued on the same duy . This question was formally taken up by the Lords on tho 9 th , ot December , 1702 , when they mude tho following declaration , which was ordered to bo ntldod to ' the roll of standing orders : — " That tho

      X . Where the Lords have altered a Bill of Supply , the former practice of the 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 , 1700 , 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 Parliament are the sole and entire gift of the Commons , and as all Bills for the granting such aids and supplies be ^ in 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 .

      amendments ^ sent from Lords , it passed in the negative . But two days afterwards a message came from the Lords , stating * that they agreed to leave out their amendments ; and so the Bill was carried . ; . ¦ ¦ . , ¦• " . . \ ¦ '¦ ¦ - '¦' . ¦ ¦ ¦ •¦ ¦' '¦ . ' - . . 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 said Bill and amendments aside . " And on the 3 rd of June , 1772 .

      when a message came from the Lords returning aBill , 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 , it was " resolved , nemine contradicente , that the said Bill , with the amendments , be rejected . " ( For other cases in which a similar course bus been pursued , see Appendix , No . 4 . 7 , 50 , 52 . 92 , 95 , 99 , 111 , 112 , 164 . ) . . . . . XII . Although such Bills , when amended by the-Lords , are usually laid atdde by the Commons , it does not follow tliat the object of them hua beexuJo * t .. Where the Commons have df Hired to concur in the hiibetancc of the amendments made by the Lords , they have asserted their privilege by laying a aide the amended . Bill , and have sent to the Lords anew Bill , containing the amendment made by the Lords . ( See paragraphs XVII . and XX . ) Bills of Supply and Tax Bills . do

      Practice of the eorowons ^ here the Lordr not pass the ^ Bill ^ X 11 L B y a resolution of the House oi ' Commons , passed in the reign of Elizabeth , it \ va& laid down that , " according to the ancient ^ 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 , thevefor « , do not return the Bill , the Commons have loot all power over it , mid have no direct means * by conference or otherwise , of coming 1 to any agreement upon it . According to the search thnt has been made in the journals , there is no histunco of any Supply Bill having been nctuiilly rejected or postponed by tho Lords prior to the reign

      "This is well known to be such a fundamental right , of- the Commonsthat to givereasons for it has been esteemed by our ancestors to be a weakening of that right . ¦; " The Commons , therefore , leave the Bill and the amendments with your Lordships , together with the ill consequences thatattend the not passing this Bill . " . - _ The , last proceeding in this matter was a free conference on the 11 th of April , and a prorogation of Parliament took place on the same day . . ' - ' ¦" _ . ' ¦ . : ' . ' ¦ ¦ : ¦' " ¦ .. >¦ " ¦ ¦ .. ¦ . ' ¦ ' . ¦ .

      the In some cases where a similar controversy arose the difference 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 difficulties which might have arisen have been avoided . Thus on the 10 th oi April , 1677 , the Lords made amendments to a Supply Bill , which the Commons disagreed to ; afree conference was held , and alter such conference it was ordered that such members as did manage it " do search the journals for precedents touching adhering to , Bills . In the afternjOtm—o £ -tLe- _ samfi-. dfl . y the . question bein < j : put , to agree to the

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      044 The Saturday Analyst and Leader . [ July 7 , 1860 .

  • Citation
    • Leader (1850-1860), July 7, 1860, page 644, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2355/page/20/