of the communication, and belongs with the bill;1 it may be printed; it is in order to refer the message without the bill." It has been held that, when, pending the question of reference of the message, separately from the bill, the previous question is moved, the main question is on the motion to refer."

5

289. It is in order to refer a vetoed bill, and objections, to a select committee; or the bill without the message, and to lay the bill on the table."

290. But if the motion is to refer the bill, or postpone its consideration, and the previous question is moved, the main question is: "Shall the bill pass notwithstanding the objections of the Executive ?" 8 See 294.

291. A bill approved by the Executive, should not be accompanied by an exposition of his reasons for giving it his sanctionsuch an assumption being deemed an extra-official act.

292. The objections of the Executive to a bill should be spread upon the Journal, before the question is taken to reconsider the bill.10

They are generally considered as spread upon the Journal.11 See MESSAGES.

293. The bill may be reconsidered at once, or some future time may be chosen to which the bill, and objections are postponed; 12 or they may be laid on the table; referred to a select committee; or Committee of the Whole.13

294. It has also been held that, when, pending the question of reference, or postponement of the bill, the previous question is moved, the main question is not on the postponement of the message, and bill, but on passing the bill notwithstanding the objections of the Executive.14

1 14 Cong. Globe 391.

25 S. Jour. 620, 622, 630, 631.

3 H. Jour. II. 27. 1252, 1254; Cong.

Globe 11. 874.

411 Cong. Globe 875.

5 H. Jour. II. 27. 1252.

6 Ibid. 1254.

7 Ibid. 1256.

8 13 Cong. Globe 665.

911 Cong. Globe 712; H. Jour. II. 27. 1025.

10 7 H. Jour. 566; Cong. Globe II. 39. 1121.

11 15 Cong. Globe 483.

12 5 S. Jour. 620, 622, 630, 631.

13 H. Jour. II. 27. 1252, 1254; Cong. Globe 11. 873.

14 13 Cong. Globe 665; 15. 1166.

295. The question of proceeding with a vetoed bill, which has passed, and been received from the Senate,1 or from the Executive," is a privileged question.

296. The bill cannot be amended, though its consideration may be postponed, but it must be passed, or rejected as it stands.

5

297. Motions for the disposition of any bill, except on its passage, are to be decided by simply a majority vote. See 287. 298. Where a bill, joint resolution, or an amendment of either House is lost, or mislaid, a copy of the same may be requested, by message, of the House in possession.o

299. One House may recommend to the other, for its concurrence, a bill, as one of great importance."

300. The proceedings of Parliament in passing bills of attainder, and of pains and penalties, do not vary from those adopted in regard to other bills. They may be introduced into either House; they pass through the same stages; and when agreed to by both Houses, they receive the Royal assent in the usual form. But the parties who are subjected to these proceedings, are admitted to defend themselves by counsel, and witnesses before both Houses; and the solemnity of the proceedings would cause measures to be taken to enforce the attendance of members upon their service in Parliament.8

BILLS, RECOMMITMENT.

301. Recommitment is not in order after the previous question is ordered; nor, according to practice, pending the demand for the previous question.10 See COMMIT, MOTION TO.

302. The pendency of a motion to recommit, if the previous question is seconded, brings the House to vote, first on the

motion to recommit, and then on amendments if pending, and next on the passage of that stage of the bill-the previous question does not exhaust itself until that vote.1

303. Pending the motion to recommit, the merits of the bill are opened up for discussion; while pending, it cuts off opportunity to amend.3

304. After a bill has been committed, and reported, it ought not, in an ordinary course, to be recommitted; but in cases of importance, and for special reasons, it is sometimes recommitted, and usually to the same committee; but not after the main question is ordered.5

305. If a report be recommitted, before agreed to in the House, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved as if nothing had passed."

306. A particular clause of a bill may be committed without the whole bill," or so much of a paper to one, and so much to another committee.

307. If amendments have not yet been adopted by the House, but referred to a new committee, it must report its agreement, or disagreement thereto, or its agreement with amendments.

308. The motion for recommitment is the same as for commitment, and is debatable."

309. The recommitment of a bill, or the reference of additional matter 10 to a committee that had been dissolved, revives the committee with all its powers.11

310. A bill may be recommitted :-(1). Without limitation, in which case the entire bill is again considered in committee and reported with "other" or "further" amendments.12

(2). On amendments being proposed on the report, or further

consideration of report, the bill may be recommitted with respect to those amendments only.1 See 188.

(3). On clauses being offered, the bill may be recommitted with respect to these clauses."

(4). The bill may be recommitted, and an instruction given to the committee to make some particular, or additional provision.'

311. A bill may be recommitted as often as the House think fit.*

BILLS, PRIVATE.

312. Every bill for the peculiar interest, or benefit of any person, or persons is treated in Parliament as a private bill.5 313. In passing private bills, the Parliament still exercises its legislative functions; but its proceedings partake also of a judicial character."

314. "Private bills are to be offered to be read, and passed in such order as they were preferred: and they that carry them to give some brief commendation of them."

315. The persons whose private interests are to be promoted appear as suitors; while those who apprehend injury are admitted as adverse parties in the suit.

316. All the formalities of a court of justice are maintained; various conditions are required to be observed, and their observance to be strictly proved; and if the parties do not sustain the bill in its progress, by following every regulation, and form prescribed, it is not forwarded by the House in which it is pending; and if they abandon it, and no other parties undertake its support, the bill is lost, however sensible the House may be of its value.9

317. In every separate stage when private bills come before either House, they are treated precisely as if they were public bills.1

318. Every form, and proceeding out of the House in conducting a bill, is managed by a parliamentary agent, or by officers of the House; but within the House no order can be obtained, but by motion made by a member, and a question proposed, and put in the usual manner from the chair. One, or two members are generally requested by their constituents, or by the parties, to undertake the charge of a bill; they receive notice from the agents when they will be required to make particular motions; and they attend in their places, at the proper time, for that purpose.2

319. All petitions for private bills, and for additional provisions, are referred by the House to the select committee on petitions for private bills, which is appointed at the commencement of each session. This committee may divide itself into subcommittees.3

320. The bill may be read a first time immediately after it is presented; but this cannot be done unless printed copies of the bill have previously been delivered, for the use of members.*

321. If the bill be improperly drawn, or at variance with the standing orders, or the order of leave, the order for the first reading is discharged, the bill is withdrawn, and leave is given to present another. Irregularities are specified by the examining clerk wherever they occur.5

322. It is usual for the House to refer to the committee all petitions, in which the petitioners pray to be heard against a private bill.

323. A petition against the bill generally, and not praying to be heard against certain parts of it, will not be referred, as it is

1 May 386.

2 Ibid. 400.

3 Ibid. 402.

4 Ibid. 406.

5 May 407; Com. Jour. 77. 116; 79. 229; 82. 325, 348; 90. 411; 92. 254, 425.

6 May 413.