ally comprehensive enactment, it is deemed necessary to include the intended meaning of numerous words in the arbitrary import of one, or that there should be numerous words bearing the same constructive import, that end should be attained by means of a schedule annexed to the act;" but if the act, and schedule should be found to differ, and the contradiction cannot be reconciled, then, said Lord Denman, "upon ordinary principles the form, which is made to suit rather the generality of cases than all cases, must give way." "Words in schedules must be received as examples, not as overruling provisions."1 171. Taking Effect of Statutes. "The Code of Napoleon I. established the true principle, as to when laws should take effect. It declared laws to be binding from the moment that their promulgation should be known; and that the promulgation should be considered as known in the department of the imperial or consular residence, one day after the promulgation, and in each of the departments after the expiration of the same space of time, augmented by as many days as there were distances of twenty leagues between the seat of government and the place." 172. Proof of Statutes. "Public statutes require no proof." Mr. Dwarris thus states the reason of the distinction between public, and private acts, as to the proof of them. "The probable grounds of the declared difference in the judicial notice of statutes, public, and private, may be, besides the solemnity and intrinsic authority of a public act of the legislature, and the supposed greater notoriety of a matter of universal concern, the extreme inconvenience of a contrary rule, and the difficulty and uncertainty of which it would be productive." "From the extensive destruction of ancient documents, particularly in the Barons' wars, some early acts are entirely lost, while others are only partially, and doubtfully preserved." "A few of the most important of the early statutes (those of Merton and Marlbridge for instance) are not on record, but have been found in books and memorials. It is important that 1 Tindal, C. J.-Sedgwick on Stat. Law, p. 64. 2 Code Civil, Art. I. 1 Kent's Com. 458. Sedgwick on Stat. Law 82 the existence of these acts should not be put on the issue of nul tiel record." "Being made within the time of legal memory, they have authority only, it is important to bear in mind, as statutes; and are not (like statutes passed before that time) a part of the common law." "According, however, to the received doctrine, though not found upon the statute roll, they are held not to lose their force as statutes, if any authentic memorials of their being such, are to be found in books, seconded with a generally received tradition attesting and approving the same."1 173. "Private statutes, on the other hand, must be proved, either by an examined copy, or by an exemplification under the Great Seal;" but if a clause is inserted in a private statute, that it shall be taken notice of, as if it were a public act, the necessity of proving it is dispensed with."2 174. In this country the laws of each state are printed by authority; "and official publication of this kind will, it seems, be received in the sister states, and treated with the same respect as exemplifications under seal." 175. At the first reading of a bill, it is not usual for any man to speak to it.1 The first reading is for information; and if there are no objections it passes to a second reading.5 It cannot be amended on its first reading. The different stages, however, of a bill, are made the subject of constitutional provision. 6 176. If a bill is read a first time, and a motion made that it be read a second time, which is negatived, the bill is as effectually rejected as it could be upon a direct motion for that. purpose." 177. If any bill originally begun in the House, upon the first reading happen to be debated to, and fro, and that upon the 12 Dwarris 466. Hale's Hist. Com. Law 16. Note of Sedgwick on Stat. Law, p. 118. 2 Sedgwick on Stat. Law 119. 3 Ibid. 120. 4 Hakewell 139. Lex Parl. 310. 5 Hakewell 141. Scob. 42. Parl. 311. 6 Grey 286. Hakewell 139. Lex debate the House call for the question, it ought to be not whether the bill shall be read the second time, but whether it shall be rejected.1 178. When a motion for leave to bring in a bill has been rejected, the same subject may again be brought forward in a different form; as, for example, by moving the appointment of a committee to consider the laws relating to that subject; the House, or committee must, however, determine whether it interferes with the judgment already expressed.3 179. Where leave is given to bring in a certain bill, instructions are sometimes given to make provision in the bill for matters not included in the original motion, and order of leave.1 180. Where a bill is reported by a committee, or introduced any other manner, and read the first time, to the further progress of which objection is made, the question is upon rejecting the bill. This objection may be withdrawn at any time before the question is taken. in 181. The Speaker should not deliver a bill of which the House is possessed, to any one whomsoever, without leave and allowance of the House-but he may furnish a copy." 182. In what cases questions are to be taken for rejection. 183. It is not usual to oppose a "bill on its first reading." 184. It is the undoubted right of any member to have a bill read throughout at every stage of its progress through the House. See READING OF PAPERS. 185. There is no restriction in regard to the time at which motions for rejecting bills shall be made; but, if the House think fit, such rejection may be voted on the first, second, or third readings, or any other stage of the bill.10 1 Scob. 42. Lex Parl. 310. D'Ewes Jour. 90. Col. 1. 2 May 187. 3 Ibid. 188. 13 Hans. 765, 769. C. L. & P. 2316. 2 Hats. 92, 98, 99, 100. 491 Comm. Jour. 716. May 272. 5 21 Cong. Globe 1682, 1683. Hakewell 140. Scob. 42. Cong. Man. 76. 6 H. Jour. II. 23. 323, 368. 7 D'Ewes Jour. Scobel 65. Petyt's Miscel. Parl. 140. Lex Parl. 274. 275. Townsend's Col. 209. 8 See Elsynge's Memorials 42. 9 D'Ewes Jour. 335, col. 1. 3 Hats. 198. 1 Cav. Deb. 23. See Cong. Man. 76. 10 May 278. Cong. Man. 76. 3 186. If pending the question on rejecting the bill, an adjournment takes place, the bill goes over with the order of business.1 187. On this question there may be a call of the House," and the previous question may be moved; but neither the bill, nor the question of its rejection can be ordered to lie on the table. The previous question is exhausted on the motion to reject the bill.4 188. Clauses, whether they be offered on the report of a committee; the further consideration of report; or on the third reading, should be offered before any amendments are made to the bill. This rule is observed, because the addition of a new clause may render it necessary to introduce amendments in other parts of the bill; and all the clauses should, therefore, be under consideration before amendments are admitted.5 189. If there be no amendment, it is the custom to receive the report of the committee at once; but if there be amendments, or if objection be made to its being then received, it is more frequently ordered to be received on some other day. 190. In the Lords, no bill may be read a third time the same day on which it is reported from the committee, unless the standing orders be suspended for that purpose." 191. In either House, the report of a bill not engrossed is read, and being without amendments, the bill is ordered to be engrossed, and read a third time on another day.8 192. An engrossed bill must be read the third time to the exclusion of all other business, after it has been so ordered.9 193. If with amendments, the report is read, and the amendments being read a second time, and agreed to, or disagreed to by the House, the bill may be ordered to be engrossed, and read a third time on another day.10 194. The report may be read, and ordered to be taken into further consideration on a future day.1 195. The report may be read, and the bill recommitted to a Committee of the Whole, or to a select committee.2 196. When the consideration of the report is deferred, the proceedings on the day for which it is set down are similar to those on the report, when it is considered and agreed to at once.3 197. On either occasion, the House may not only agree, or disagree to the amendments of the committee, but may make fresh amendments, and add new clauses, whether they be within the title, or not. The adding of clauses should be avoided as far as possible, on account of its inconvenience.* 198. The amendments of the committee are considered first; clauses may then be offered; after which amendments may be made to other parts of the bill.5 199. When a member offers a clause on the report, he must move: 1st. "That it be brought up;" 2d. "That it be read a first time;" 3d. "That it be read a second time;" 4th. That it be made part of the bill." The questions put upon. each of these motions may be opposed, and are often negatived. 200. Amendments also may be proposed to clauses offered in this manner, and if agreed to by the House, the last question put by the Speaker is, "That this clause, as amended, be made part of the bill." 201. Every bill shall receive three separate readings in the House previous to its passage; and bills shall be despatched in order as they were introduced, unless where the House shall direct otherwise; but no bill shall be twice read on the same day without special order of the House.8 202. "Such bills as, being first passed in one House, are sent unto the other, are always sent in parchment fairly engrossed." |