fenacting clauses, the first beginning ith the words "Be it enacted by the ng's most excellent Majesty, by and ith the advice and consent of the Lords piritual and Temporal, and Commons, this present Parliament assembled, and y the authority of the same;"-and each those that follow with the more simple rmula-" "And be it further enacted." he advantage of this is, that a bill when ade perfect by all its blanks having been lled up, becomes a law at once, without rther alteration or remodelling, on regiving the royal assent.

Originally, the bills passed by the two ouses were introduced in the form of etitions, and retained that form when hey came to receive the royal assent. PETITION.] The whole of those passed one session were then, after the parament rose, submitted to the judges, be by them put into the proper shape fa law. They were then entered on he Statute Rolls. But it was found hat in undergoing this process the acts, 8 passed by the parliament, were frequently both added to and mutilated. Indeed a great deal of the power of making the law was thus left in the tands of the judges, and of the royal uthority, in so far as these learned personages might be under its influence. The Commons remonstrated, reminding he king that they had ever been "as well assenters as petitioners." To remedy his usurpation it was arranged in the Henry V., that the statute roll of the ession should always be drawn up before he parliament rose, or as the king said, that henceforth nothing should be enacted to the petitions of the Commons contrary to their asking, whereby they should be bound without their assent.' In the following reign, that of Henry VI., the bill came as now to be prepared in the form of an act, and to receive the distinct assent of the king in the form in which both houses had agreed to it. Mr. May however states (Usages, &c. of Parliament) that both Henry VI. and Edward IV. now and then made new provisions in statutes without the sanction of parliament; "but the constitutional form of legislating by bili and statute, agreed to in parliament, undoubtedly had its

origin and its sanction in the reign of Henry VI." (p. 270).

Bills are either public or private. In the introduction of a public bill the first motion made in the House of Lords is that the bill be brought in; but in the House of Commons the member who purposes to introduce the bill must first move that leave be given to bring it in. If that motion is carried, the bill is then either ordered to be brought in by certain members, generally not more than two, of whom the mover is one, or a select committee is appointed for that purpose. When the bill is ready, which it frequently is as soon as the motion for leave to bring it in has been agreed to, it is presented at the bar by one of those members, and afterwards, upon an intimation from the speaker, brought up by him to the table. The next motion is that it be read a first time; and this mo→ tion is most frequently made immediately after the bill has been brought up. This being carried, a day is appointed for considering the question that the bill be read a second time. The second reading being carried, it is next moved that the bill be committed, that is, that it be considered clause by clause, either in a committee of the whole house, or, if the matter be of less importance, in a select committee. When the committee have finished their labours, they make their report through their chairman; and the next motion is that the report be received. Besides modifying the original clauses of the bill, it is in the power of the committee, if they think proper, both to omit certain clauses and to add others. Sometimes a bill is ordered to be re-committed, that it may undergo further consideration, or that additional alterations may be made in it. The report of the committee having been received, the next motion is that the bill be read a third time, and when that is carried, there is still a further motion, that the bill do pass. When a bill has passed the House of Lords, it is sent down to the House of Commons by two of the masters in chancery, or if only one is present he is accompanied by the clerk assistant of the parliament; and if the bill concerns the crown or royal family, it is sent down by two of the judges. The

messengers make their obeisances as they advance to the speaker, and, after one of them has read the title of the bill, deliver it to him, desiring that it may be taken into consideration. When an ordinary bill is not sent to the Commons by two of the masters in chancery, the messengers are directed to explain this deviation from the established rules; and in their reply the Commons "trust the same will not be drawn into a precedent for the future." When a bill, on the other hand, is sent up from the Commons to the Lords, it is sent by several members (the Speaker being frequently one), who, having knocked at the door of the Lords' House, are introduced by the usher of the black rod, and then advance to the bar, making three obeisances. The Speaker of the house, who is usually the lord chancellor, then comes down to the bar, and receives the bill, the members who deliver it to him stating its title, and informing him that it is a bill which the Commons have passed, and to which they desire the concurrence of their lordships. A bill thus received by the one house from the other is almost always read a first time; but it does not appear to be a matter of course that it should be so read. It then goes again through the same stages as it has already passed through in the other house.

The bill may be debated on any one of the motions which we have mentioned, and it commonly is so debated more than once. It is usual, however, to take the debate upon the principle of the proposed measure either on the motion for leave to bring in the bill, or on that for the second reading: the details are generally discussed in the committee. Amendments upon the bill, going either to its entire rejection, or to its alteration to any extent, may be proposed on any occasion on which it is debated after it has been brought in. Before it is committed also, certain instructions to the committee may be moved, upon which the committee

must act.

After the report of the committee has been received, and the amendments which it purposes agreed to, the Speaker puts the question that the bill so amended be ingrossed; that is to say, written in a

distinct and strong hand on parchm In this shape it remains till it rece the royal assent; it is not ingrosse second time in the other house. W a bill originates in the Lords, it is grossed after the report, and is sent to Commons in that form; and when it gins in the Commons, the time for grossing the bill before it is sent up t the Lords is also after the report.' (M), Parliament, p. 284.) Whatever cla are afterwards added are called mi and must be ingrossed on separate ste of parchment and attached to it.

Bills of all kinds may originate either house, except what are e money bills, that is, bills for ras money by any species of taxation, wỊ must always be brought first into House of Commons. The Commons 3 will reject any amendment made up money bill by the Lords. And the L have a standing order (the XC., da 2nd of March, 1664) against process with any bill for restitution in b which shall not have originated in t own house: all such acts, and all c of royal grace and favour to individu are signed by the king before being i before parliament, where they are or read once in each house, and cannot amended, although they may be rejec [ASSENT, ROYAL.]

When a bill has passed the ComeTM and is to be sent up to the Lords, 1. clerk of the Commons writes upon Soit baille aux Seigneurs; and unt one which has passed the Lords is to be sent down to the Commes the clerk of the Lords writes baille aux Communs. If it is a wards passed by the Commons, the e» "s writes upon it Les Comuns ont awiti All bills of supply, after being passes the Lords, are returned to the Hous Commons, in which they had origina and there remain till they are brough the House of Lords by the Speaker * receive the royal assent: all other!. are deposited with the clerk of the ent ments in the House of Lords till the rea assent is given to them.

A bill, after it has been introdered may be lost either by the royal assert being refused (of which, however, there

is no instance in recent times), or by a motion for its rejection being carried in any of its stages in its passage through either house, or by any of the motions necessary to advance it on its progress being dropped or withdrawn. The rejection of the bill may be effected by the motion in its favour being simply negatived, or by a counter-motion being carried to the effect that the next reading be deferred till a day by which it is known that parliament will have been prorogued (generally till that day six months, or that day three months), or by the carrying of an amendment entirely opposed to the measure. The motion for carrying it forward on any of its stages may be dropped either by the house not assembling on the day for which the order made respecting that motion stands, or simply by no member appearing to make the motion. When a motion has once been made, it can only be withdrawn by consent of the house.

If a bill has been lost in any of these ways, the rule is that the same measure cannot be again brought forward the same session. There are, however, several remarkable examples of the regulation being entirely disregarded; and sometimes a short prorogation has been made merely to allow a bill which had been defeated to be again introduced.

When a bill which has passed one house has been amended in the other, it must be returned, with the amendments, to be again considered in the house from which it had come; and it cannot be submitted for the royal assent until the amendments have been agreed to by that house. In case of a difference of opinion between the two houses, the rules of proceeding between the two houses, according to Mr. May (Usage, &c. of Parliament, p. 255), are as follows:-"Let it be supposed that a bill sent up from the Commons has been amended by the Lords and returned; that the Commons disagree to their amend ments, draw up reasons, and desire a conference; that the conference is held, and the bill and reasons are in possession of the House of Lords. If the Lords should be satisfied with the reasons offered, they do not desire another conference, but send a messenger to acquaint the Com

mons that they do not insist upon their amendments. But if they insist upon the whole or part of their amendments, they desire another conference, and communicate the reasons of their perseverance." The usage of parliament precludes a third conference, and to proceed further a free conference is requisite. Here, instead of a formal communication of reasons, the proceedings partake of the nature of a debate: if neither Lords nor Commons

give way at this conference, there is little prospect of terminating the disagreement; but a second free conference may be held if the house in possession of the bill resolves upon making concessions. It may be added that the almost uniform practice in both houses, when it is intended not to insist upon the amendments, has been to move affirmatively "to insist," and then to negative that question. (Hatsell, Precedents; May, Usage, &c. of Parliament.)

According to the standing orders of the House of Lords (see Order CXCVIII. of 7th of July, 1819), no bill regulating the conduct of any trade, altering the laws of apprenticeship, prohibiting any manufacture, or extending any patent, can be read a second time until a select committee shall have inquired into and reported upon the expediency of the proposed regulations. By the standing orders of the Commons no bill relating to religion or trade can be brought into the house until the proposition shall have been first considered and agreed to in a committee of the whole house; and the house will not proceed upon any bill for granting any money, or for releasing or compounding any sum of money owing to the crown, but in a committee of the whole house. No bill also can pass the house affecting the property of the crown or the royal prerogative without his Majesty's consent having been first signified.

Private bills are such as directly relate only to the concerns of private individuals or bodies of individuals, and not to matters of state or to the community in general. In determining on their merits Parliament exercises judicial as well as legislative functions. In some cases it might be doubtful whether an act ought to be considered a public or a private one ; and in these cases a clause is

act to remove the doubt. Private bills in passing into laws go through the same stages in both houses of parliament with public bills: but relating as they do for the most part to matters as to which the public attention is not so much alive, various additional regulations are established with regard to them, for the purpose of securing to them in their progress the observation of all whose interests they may affect. No private bill, in the first place, can be introduced into either house except upon a petition stating its object and the grounds upon which it is sought; nor can such petitions be presented after a certain day in each session, which is always fixed at the commencement of the session, and is usually within a fortnight or three weeks thereafter. In all cases the necessary documents and plans must be laid before the house before it will proceed in the matter, and it must also have evidence that sufficient notice in every respect has been given to all parties interested in the measure. To a certain extent the consent of these parties is required before the bill can be passed. For the numerous rules, however, by which these objects are sought to be secured, we must refer to the Standing Orders themselves.

An important respect in which the passage through parliament of a private bill differs from that of a public bill is the much higher amount of fees paid in the case of a private bill to the clerks and other officers of the two houses. Although the high amount of the fees payable on private bills has been the subject of much complaint, and is undoubtedly, in some cases, a very heavy tax, it is to be remembered that the necessary expense of carrying the generality of such bills through parliament must always be very considerable, so long as the present securities against precipitate and unfair legislation shall be insisted on. The expenses of agency, of bringing up witnesses, and the other expenses attending the making application to parliament for a private bill, at present often amount to many times as much as the fees. These fees, on the other hand, are considered to be some check upon unnecessary applications

tended that parliament would otherwise be inundated. The misfortune is, that it is not the most unnecessary applications which such a check really tends to prevent, but only the applications of parties who are poor, which may be just as proper to be attended to as those of the rich. BILL OF EXCHANGE. CHANGE, BILL OF.] BILL OF EXCHEQUER. CHEQUER BILL.] BILL OF HEALTH.

TINE.]

[Ex

QUER.

[Ex

[QUARAN

BILL OF LADING, an acknowledg ment signed usually by the master of a trading ship, but occasionally by some person authorised to act on his behalf, certifying the receipt of merchandise on board the ship, and engaging, under certain conditions and with certain exceptions, to deliver the said merchandise safely at the port to which the ship is bound, either to the shipper, or to such other person as he may signify by a written assignment upon the Bill of Lading.

The conditions stipulated on behalf of the master of the ship are, that the person entitled to claim the merchandise shall pay upon delivery of the same a certain specified amount or rate of freight, together with allowances recognised by the customs of the port of delivery, and known under the names of primage and average. Primage amounts in some cases to a considerable per centage (ten or fifteen per cent.) upon the amount of the stipulated freight, but the more usual allowance under this head is a small fixed sum upon certain packages; e. g. the primage charge upon a hogshead of sugar brought from the West Indies to London is sixpence. This allowance is considered to be the perquisite of the master of the ship. Average, the claim for which is reserved against the receiver of the goods, consists of a charge divided pro rata between the owners of the ship and the proprietors of her cargo for small expenses (such as payments for towing and piloting the ship into or out of harbours), when the same are incurred for the general benefit.

The exceptions stipulated on behalf of

the shipowners are explained on the face of the Bill of Lading, and are "the act God, the king's enemies, fire, and all and every other danger and accidents of the seas, rivers, and navigation, of whatever nature and kind soever excepted." In every case where shipments are made from this country, one at least of the bills of lading must be written upon a stamp of the value of sixpence. One of the bills (unstamped) is retained by the master of the ship, the others are delivered to the shippers of the goods, who usually transmit to the consignee of the goods one copy by the ship on board which they are laden, and a second copy by some other conveyance. In case the ship should be lost, when the goods are insured, the underwriters require the production of one of the copies of the Bill of Lading on the part of the person claiming under the policy of insurance as evidence at once of the shipment having actually been made, and of the ownership of the goods.

By the act 6 George IV. c. 94, § 2, it is declared "that any person in possession of a Bill of Lading shall be deemed the true owner of the goods specified in it, so as to make a sale or pledge by him of such goods or bill of lading valid, unless the person to whom the goods are sold or pledged has notice that the seller or pledger is not the actual and bonâ fide owner of the goods."

The property in the goods represented by a Bill of Lading can be assigned like a bill of exchange by either a blank or a special indorsement, and as, in the event of the first mode being used, the document might accidentally fall into improper hands a fact which the master of a ship could not reasonably be expected to discover-it is manifestly only justice to shield him from responsibility when acting without collusion. Should he, on the other hand, act either negligently or collusively in the matter, the law will compel him to make good their value to the real owner of the goods.

The stamp duty received on bills of lading in Great Britain for 1843 was 19,518., and in Ireland 1973l. The duty in England and Scotland was reduced from 3s. to 6d. by 5 & 6 Vict. c. 79, and

in Ireland the duty was reduced from 1s. 6d. to 6d. by 5 & 6 Vict. c. 82. Previous to this reduction, in 1841, the duty in Ireland produced only 10791. The duty for England cannot be given, as the duty was applicable also to protests.

BILL OF RIGHTS is the name commonly given to the statute 1 William and Mary, sess. 2, chap. 2, in which is embodied the Declaration of Rights, presented by both Houses of the Convention to the Prince and Princess of Orange, in the Banqueting-House at Whitehall, on the 13th of February, 1689, and accepted by their Highnesses along with the crown. The Bill of Rights was originally brought forward in the first session of the parliament into which the Convention was transformed; but a dispute between the two Houses with regard to an amendment introduced into the bill by the Lords, naming the Princess Sophia of Hanover and her posterity next in succession to the crown after the failure of issue to King William, which was rejected in the Commons by the united votes of the high church and the republican parties, occasioned the measure to be dropped, after it had been in dependence for two months, and the matter of difference had been agitated in several conferences without effect. The bill was however again brought on immediately after the opening of the next session, on the 19th of October, 1689, and the amendment respecting the Princess Sophia not having been again proposed, it passed both houses, and received the royal assent in the same shape in which it had formerly passed the Commons, with the addition only of a clause inserted by the Lords, which enacted that the kings and queens of England should be obliged, at their coming to the crown, to take the test in the first parliament that should be called at the beginning of their reign, and that if any king or queen of England should embrace the Roman Catholic religion, or marry with a Roman Catholic prince or princess, their subjects should be absolved of their allegiance. This remarkable clause is stated to have been agreed to without any opposition or debate.

The Bill of Rights, after declaring the late king James II. to have done various