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CHAPTER XXVI.

Chapter

XXVI. CONDITIONS TO BE OBSERVED BY PARTIES BEFORE PRIVATE

Table of BILLS ARE INTRODUCED INTO PARLIAMENT. PROOF OF Contents,

See Intro-
COMPLIANCE WITH THE STANDING ORDERS BEFORE THE See

"duction.
EXAMINERS. DETERMINATION AS TO THE HOUSE IN
WHICI A PRIVATE BILL SHALL BE FIRST INTRODUCED,
AND GENERAL SUPERVISION OF ALL PRIVATE BILLS, BY
THE TWO CHAIRMEN (LORDS AND COMMONS). PARLIA-
MENTARY AGENTS.

private

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The two EXCLUDING the relatively small class of Name, Estate, and
classes into
which *other“ personal” bills, all private bills to which the
bills are

standing orders are applicable are divided by the stand-
divided, by ing orders, of both houses, relative to private bills-into
8. 0.1 in
both"" the two following classes according to the subjects to which

houses).

they relate :

1st Class.

1st Class :

Burial Ground, making, maintaining, or altering,
Charters and Corporations, enlarging or altering powers of.
Church or Chapel, building, enlarging, repairing, or maintaining.
City or Town, paving, lighting, watching, cleansing or improving.
Company, incorporating, regulating, or giving powers to.
County Rate.
County or Shire Hall, court-house.
Crown, Church, or Corporation Property, or Property held in

Trust for Public or Charitable purposes.
Electricity Supply.
Ferry, where no work is to be executed.
Fishery, making, maintaining or improving.
Gaol or House of Correction.
Gas Work.
Improvement Charge, unless proposed in connection with a Second

Class Work to be authorized by the Bill.
Land inclosing, draining or improving.
Letters Patent.
Local Court, constituting.
Market or Market-place, erecting, improving, repairing, maintain-

ing or regulating.
Pilotage.
Police.
Poor, maintaining or employing.

Cf. infra p. 839 and Chapter XXIX.

Chapter
XXVI.

in pfartbea wote

Poor Rate.
Powers to sue and be sued, conferring.
Stipendiary Magistrate, or any Public Officer, payment of. And
Continuing or amending an Act passed for any of the purposes

included in this or the Second Class, where no further work
than such as was authorized by a former Act is proposed to be
made.

2nd Class
2ND CLASS :-
Making, maintaining, varying, extending, or enlarging any
Aqueduct.

Harbour.
Archway.

Navigation.
Bridge.

Pier.
Canal.

Port.
Cut.

Public Carriage Road.
Dock.

Railway.
Drainage,—where it is not Reservoir.

provided in the Bill that Sewer.
the Cut shall not be more Street.
than Eleven feet wide at Subway.
the bottom.

Tramway.
Embankment for reclaiming Tramroad.

Land from the Sea or any Tunnel.
Tidal River.

Waterwork.
Ferry, where any work is to

be executed.

and

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For every private bill—to whichever of these two classes Private

bills : how it belongs and in whichever house it eventually is first intro- solicited" duced-a petition, signed by the parties (or some of them) who are suitors for the bill, must be duly deposited in the 8.0, 32,

193 (H.C.); Private Bill Office of the House of Commons on or before 8. 0. 32 the_17th December, with a printed copy of the bill annexed ; and a printed copy of every such bill must also be deposited, on or before the same date, in the Office of the Clerk of the Parliaments, House of Lords. In the case of certain bills promoted by the London Deposit in

the case of County Council under the conditions described in stand certain ing order No. 194,1 the deposit of the petition for the co bill, and other requisite deposits and notices, are fixed at Council the later dates mentioned in standing order No. 194B. S. O. 194,

194B i Supra p. 675, n. 1.

orders 194 and 194B (House of Com- (H. C.). ? Standing orders Nos. 69 and 69B mons), contain provisions to meet of the House of Lords, which mutatis the case of these bills if originating mutandis correspond to standing in the House of Lords.

London

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bills.

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Clauses
Acts,

Preparing In preparing their bills for deposit, the promoters must Chapter bills.

be careful that no provisions be inserted which are not suffi- _
ciently alluded to in the notices, or which otherwise infringe
the standing orders; and if the bill be for any of the pur-
poses to which the provisions of any of the Clauses Acts 1
are applicable, these provisions must be incorporated by
reference.

The bill is otherwise drawn in conformity with what is
known as “the Model Bill,” by which the best forms are
prescribed. This “ Model Bill ” is annually issued by the
office of the Lords' Chairman of Committees, and is a col-
lection of "model clauses” for railway, tramway, and gas
and water bills, and of numerous miscellaneous clauses in

common use. Compliance The requirements of the standing orders which are to be with so, complied with by the promoters of private bills before Nos. 3.-68, application is made to Parliament, were conveniently of both houses, arranged by the Commons, in 1847, in the following order ; introduc- and a similar arrangement has since been adopted by the Private

House of Lords :Bill (S. O. “1. Notices by advertisement. 2. Notices and applications to 3-59);

owners, lessees, and occupiers of lands and houses. 3. Docu1 The principal Clauses Acts are Acts will be incorporated “except the Companies Clauses, Lands the provisions relating to the taking Clauses, and Railways Clauses Acts of land otherwise than by agree1845; and the Markets and Fairs ment." The few exceptions from, Clauses, Gasworks Clauses, Com- and amendments of, the Clauses missioners Clauses, Waterworks Acts that are now permitted in Clauses, Harbours and Docks drafting private bills are indicated Clauses, Towns Improvement in the “Model Bill." Clauses, Cemetery Clauses, and 2 The “Model Bill"-drawn up Town Police Clauses' Consolida- as a body of precedents for the contion Acts, 1847. See Bigg, Clauses venience of the Lords' Chairman of Consolidation Acts. These Acts, Committees in his examination of as stated in the preambles, were private bills (cf. infra, p. 705)-was passed, “as well for avoiding the originally issued, at a period (1866-7) necessity of repeating such pro- of great activity in railway schemes, visions in each of the several Acts as a “ Model Railway Bill." But relating to such undertaking, as for it has since been considerably enensuring greater uniformity in the larged and, annually re-edited at provisions themselves.” Some of the close of every session by the them are amended by subsequent Counsel to the Lords' Chairman, it Acts. Where a bill provides for is now of indispensable service in purchase of land, but not for com- the promotion of private bills. pulsorily taking it, the Lands Clauses

tion of

Chapter

ments required to be deposited, and the times and places of XXVI. deposit. 4. Form in which plans, books of reference, sections,

and cross-sections shall be prepared. 5. Estimates and deposit

of money, and declaration in certain cases." The requirements of the two houses, under each of these divisions, are now, mutatis mutandis, nearly identical.3 Their convenient arrangement and general similarity render unnecessary their insertion in this work; and no version of the standing orders, of either house, relating to private bills can, at any time, be safely relied upon by the promoters of bills, except the last authorized edition." . In addition to the standing orders above alluded to, there and (6)

after introare others (Nos. 60-68), the compliance with which is duction proved after the introduction of the bills into Parliament; of these, No. 60 relates only to the deposit of certain bills with government departments, and No. 61,and Nos. 62-68,7 will in due course be further mentioned. Compliance with the standing orders was formerly re- Com

pliance, quired to be separately proved-in the Commons, before how the committees on petitions for private bills; and in the Lords, before the standing orders committee. But in 1847 the House of Commons provided, by standing order, for the appointment of one or more “Examiners of petitions The for private bills," 8 instead of the committees previously

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Examiners.

1 As to the custody, and as to facilities for the inspection of, docu. ments directed to be locally deposited under the standing orders, cf. the Parliamentary Documents Deposits Act, 1837, and standing order (Lords) No. 146.

? As to the custody of money deposits required under the standing orders, cf. the Parliamentary Deposits Act, 1846.

mons' standing orders No. 22 (Con.
sents, Tramway bills) and No. 26
should also be noted.

The standing orders, of both
houses, relative to private bills are
amended in more or less important
particulars at the close of nearly
every session. Unless otherwise
specified, the standing order num-
bers quoted here in the text or mar-
gin, are taken from the edition of
the (House of Commons) standing
orders 1906.
E See infra, p. 755.

3 The standing orders of both houses are numbered alike, from No. 1 to No. 68; but there are two (numbered 25C and 36A) which are in the Lords' standing orders only, and one (numbered 35A) which is only in the Commons' standing orders. The material differences between the Lords' and the Com.

& See p. 724.
: See pp. 723 and 842-5.

& Standing order 2; and cf, report of select committee for revision of the standing orders, 1847, 102 C. J. 825. 880-896.

XXVI.

appointed. A few years later, in 1854, the Lords resolved, Chapter
“That there shall be one or more officers of this house, to
be called 'the Examiners for standing orders,'" to examine
into certain of the facts required to be proved before their
standing orders committee; they then appointed as their
Examiners the gentlemen who held the office of Examiners
of petitions in the House of Commons; and finally, in
1858, they entrusted to these officers the same powers

which they had previously exercised as Examiners for the Their Commons. This most convenient arrangement has enabled duties.

the Examiners to take the evidence on behalf of both
houses simultaneously, and has obviated the necessity for
a double proof of all those orders, common to both houses,
with which parties, at a heavy expense and with an interval
of some months between the proofs, were formerly obliged
to prove compliance twice over. The two Examiners, there-
fore,-appointed by the House of Lords and Mr. Speaker-
now conduct, for both houses, the preliminary investiga-

tions formerly carried on separately in each house : they
| adjudicate upon all facts relating to the compliance or
non-compliance with the standing orders; and, in those
cases where they find that standing orders have not been
complied with, the standing orders_committee in each
house determines, upon the facts as reported by the Ex-
aminers, whether these orders ought or ought not to be

dispensed with. General When all the petitions for private bills, with printed List of Petitions copies of the bills annexed, have been deposited, on or before for Bills. S. O. 229 Cf. infra, pp. 716 (standing house, but at once consider and (H. C.).

orders committee, House of Com- pronounce upon the Examiner's remons) and 841 (standing orders com- port also. By adopting this course mittee, House of Lords). When they obviate the possibility of a the Examiner has found that the promoter proceeding with his bill standing orders have not been com- through the first house and then plied with in the case of a petition finding its subsequent progress for a bill, and the standing orders barred by their giving a different committee of the house in which decision, upon its reaching the the bill originates have reported that second house, to that of the standthey should be dispensed with, the ing orders committee in the first. standing orders committee of the In practice, the view taken by both second house do not defer their committees in these cases has, as a decision until the bill reaches their rule, been the same.

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