The two classes into which private bills are CHAPTER XXVI. TO BE OBSERVED BY PARTIES BEFORE PRIVATE Chapter see Introduction. CONDITIONS THE TWO CHAIRMEN (LORDS AND COMMONS). PARLIA MENTARY AGENTS. EXCLUDING the relatively small class of Name, Estate, and other "personal" bills, all private bills to which the standing orders are applicable are divided-by the standdivided, by ing orders, of both houses, relative to private bills-into the two following classes according to the subjects to which they relate : S. O. 1 (in both houses). Burial Ground, making, maintaining, or altering. Charters and Corporations, enlarging or altering powers of. 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. 1 Cf. infra p. 839 and Chapter XXIX. Chapter Poor Rate. Powers to sue and be sued, conferring. Stipendiary Magistrate, or any Public Officer, payment of. And Making, maintaining, varying, extending, or enlarging any 2nd Class. bills: how and For every private bill-to whichever of these two classes Private it belongs and in whichever house it eventually is first intro- solicited duced—a petition, signed by the parties (or some of them) deposited. 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 s. 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. (H. L.). the case of London In the case of certain bills promoted by the London Deposit in County Council under the conditions described in standing order No. 194,1 the deposit of the petition for the bill, and other requisite deposits and notices, are fixed at the later dates mentioned in standing order No. 194B.2 1 Supra p. 675, n. 1. 2 Standing orders Nos. 69 and 69B of the House of Lords, which mutatis mutandis correspond to standing County bills. S. O. 194, 194B orders 194 and 194B (House of Com- (H. C.). Preparing bills. Clauses Compliance required of both XXVI. In preparing their bills for deposit, the promoters must Chapter be careful that no provisions be inserted which are not sufficiently alluded to in the notices, or which otherwise infringe the standing orders; and if the bill be for any of the purposes 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 collection of "model clauses" for railway, tramway, and gas and water bills, and of numerous miscellaneous clauses in common use.2 The requirements of the standing orders which are to be with S. O., complied with by the promoters of private bills before Nos. 3-68, application is made to Parliament, were conveniently arranged by the Commons, in 1847, in the following order; introduc- and a similar arrangement has since been adopted by the House of Lords: houses, (a) before tion of Private Bill (S. O. 3-59); "1. Notices by advertisement. 2. Notices and applications to The principal Clauses Acts are. the Companies Clauses, Lands Clauses, and Railways Clauses Acts, 1845; and the Markets and Fairs Clauses, Gasworks Clauses, Commissioners Clauses, Waterworks Clauses, Harbours and Docks Clauses, Towns Improvement Clauses, Cemetery Clauses, and Town Police Clauses' Consolidation Acts, 1847. See Bigg, Clauses Consolidation Acts. These Acts, as stated in the preambles, were passed, "as well for avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertaking, as for ensuring greater uniformity in the provisions themselves." Some of them are amended by subsequent Acts. Where a bill provides for purchase of land, but not for compulsorily taking it, the Lands Clauses Acts will be incorporated "except 2 The "Model Bill"-drawn up Chapter ments required to be deposited, and the times and places of The requirements of the two houses, under each of these after intro In addition to the standing orders above alluded to, there and (b) are others (Nos. 60-68), the compliance with which is duction (S. O. 60proved after the introduction of the bills into Parliament; 68). of these, No. 60 relates only to the deposit of certain bills with government departments, and No. 61,6 and Nos. 62-68,7 will in due course be further mentioned. Com pliance, Compliance with the standing orders was formerly required to be separately proved-in the Commons, before how proved. 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 1 As to the custody, and as to facilities for the inspection of, documents directed to be locally deposited under the standing orders, cf. the Parliamentary Documents Deposits Act, 1837, and standing order (Lords) No. 146. 2 As to the custody of money deposits required under the standing orders, cf. the Parliamentary Deposits Act, 1846. 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 Examiners. Their duties. General XXVI. appointed. A few years later, in 1854, the Lords resolved, Chapter When all the petitions for private bills, with printed List of for Bills. S. O. 229 (H. C.). Cf. infra, pp. 716 (standing orders committee, House of Commons) and 841 (standing orders committee, House of Lords). When the Examiner has found that the standing orders have not been complied with in the case of a petition for a bill, and the standing orders committee of the house in which the bill originates have reported that they should be dispensed with, the standing orders committee of the second house do not defer their decision until the bill reaches their house, but at once consider and |