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Chapter referred to the standing orders committee. And in any
case where the Examiner has made a special report “as s. 0. 199,
According to the usual practice of this committee, written Proceedstatements are prepared, on one side by the agent for the standing
ings of the bill, and on the other by the agents for memorialists who of
" committee. have been heard by the Examiner. When these statements have been read by the committee, they determine whether the standing orders ought or ought not to be dispensed with, and whether “the parties should be permitted to proceed with their bill, and under what (if any) conditions.” The parties are called in and acquainted with the determination of the committee, which is afterwards reported to the house. It is not usual to hear the parties, except for the explanation of any circumstances which are not sufficiently shown by the written statements. But in some inquiries of a special character which have been referred to the committee, they have heard agents and examined witnesses 6 before they have agreed to their report.
1 In 1901 a special report made aminers had reported a non-comby the Examiner regarding a provi- pliance, certain parties opposing sional order bill (originating in the the bill, who had not appeared Commons) which had been referred before the Examiners, were allowed to him by that house after being to appear before the standing orders reported from a committee, was re- committee, their petition against ferred to the standing orders com dispensing with the standing orders mittee, who reported that no stand. having been specially referred to ing orders not previously inquired the committee by the house, 155 into were applicable, 156 C. J. 302. C. J. 285. 297. 302. 320 (Military 307. 318.
Maneuvres Bill). 2 Cf. supra, p. 704, and standing 5 As to the practice on this point order No. 78.
of the standing orders committee 3 Great Grimsby Street Tram- in the Lords, see infra pp. 841-2. ways Bill, 1900, 155 C. J. 64. 95. • Edinburgh and Perth Railway
• In 1900, in the case of a hybrid Bill, 1847,102 C. J. 226. 293; and evi. bill with regard to which the ex. dence printed at the expense of the
Principles The committee, in their report to the house, do not explain Chapter de stand the grounds of their determination: but the principles and ing orders general rules by which they are guided may be briefly committee
stated. The report of the Examiner being conclusive as to governed,
the facts, it is the province of the committee to consider
stances. And, according to the general view which they
dispensed with ; or that they ought to be dispensed with and
parties be permitted (subject, or not subject, to any conStanding ditions) to proceed with their bill. In the latter event, pensed
13e the house, by agreeing with the committee's resolution,
sary compliance with them is required to be proved, in
1 109 C. J. 78; 159 ib. 38; &c. (connected with the preliminary
? 104 C. J. 70 (as to deposit of standing orders applicable to tramamended notices); 104 ib. 81. 84 (of ways, &c.) was required to be Estimate, &c.); 141 ib. 205 (of proved before the Examiners, and amended plans); &c.
compliance with others before the In the Bristol Tramways (Exten- committee, 159 C. J. 99. 105.
If the standing orders committee report that the standing Standing
: orders not orders ought not to be dispensed with, their decision is to
o be disgenerally acquiesced in by the promoters, and is fatal to pens
var " with. the bill. But in order to leave the question still open for consideration, the house agrees to those resolutions only which are favourable to the progress of bills, and pass no opinion upon the unfavourable reports, which are merely ordered to lie upon the table.
Occasionally, exception has been taken to a decision of Decision of the standing orders committee, and the house has ordered of
orders that the case be referred back to them for consideration committee
objected to 1 In certain cases (Manchester cases, the standing orders previously in the and Southampton Railway Bill, reported by the Examiner not to house, 1847, 102 C. J. 220. 228. 269; Bel have been complied with, were taken fast and West of Ireland Railway to have been dispensed with; and Bill, and Bagenalstown, &c. Rail unless any further breaches were way Bill, 1854, 109 C. J. 67. 133. 89. discovered (102 C. J. 474), he re120 ; South London Railway (No. ported that the standing orders had 2) Bill, - 1860, 115 C. J. 69. 94; been complied with. Hastings Western Water Bill, In the case of the West Riding 1861, 116 C. J. 92. 139; Southam Union Railway, 1846, the comRailway Bill, 1863, 118 O. J. 68. mittee had decided that the stand102), where the promoters of a bill, ing orders ought not to be dispensed without desiring to disturb the with : but by a clerical error it was decision of the standing orders com- reported that the standing orders mittee, still entertained hopes that ought to be dispensed with, and a the house might be induced to relax bill was ordered to be brought in. the standing orders, or were willing The report was referred back to the to abandon portions of their bill— committee, and the subsequent pro. or where there were special circum- ceedings declared null and void. stances, such as the consent of all The committee again decided that parties or the urgent necessity of the standing orders ought not to be the bill being passed in the current dispensed with, and so reported to session-an alternative course was the house: but the promoters subtaken. The promoters deposited & sequently presented a petition for petition, praying for leave to deposit leave to present a petition for a bill, another petition for & bill, and and their second bill ultimately stating fully the grounds of their received the royal assent (101 C. J. application; upon which the stand. 176. 223. 252). In the case of the ing orders committee reported to the Liverpool Tramways Bill of 1867, house whether, in their opinion, the notice being taken that a report of parties should have leave to deposit the standing orders committee was a petition for a bill; and, unless incorrect, it was referred back to such leave were refused (118 O. J. them (122 C. J. 66). In the case of 68. 102), the petition for a bill was the Filey Gas and Water Bill, 1898 deposited in the Private Bill Office, (24th March), a resolution of the and was examined and endorsed by Standing Orders Committee was rethe Examiner in the same manner ferred back on the motion of the as if it had been originally deposited chairman of the committee, some at the prescribed time. But in such misconception having arisen as to
In the case of the Albert Station and Mid-London Rail. Chapter reports
XXVII. way Bill of 1863, the resolution of the committee, in which referred back to the they had refused to dispense with the standing orders, was standing
thus recommitted, and a petition referred to the com-
In 1886, in the case of the Felixstowe, Ipswich, and Mid-
In other cases such motions, to refer back resolutions to the standing orders committee, have been made, and negatived." its meaning (55 Parl. Deb. 4 s. 3 125 C.J.78. 106. 114. And cf. also 726-7).
117 ib. 307.311 (Great Northern and For a case in which the house Western, &c., Railway Bill, 1862); referred back to the committee & and 145 ib. 255. 267. (Richardson resolution refusing to dispense with and Co. (Warrants) Bill, 1890). standing order 128 in the case of a • 141 C. J. 196. 205. And 142 petitioner against a bill, see 160 ib. 234. 244. 255 (Peckham, &c., C. J. 61. 117. 128; and infra, p. 759. Tramways Bill, 1887. 1 118 C. J. 145. 165.
5 140 C. J. 296; 160 ib. 177. ? 138 C. J. 87. 121. 129.
The proceedings of the standing orders committee in Other XXVII.
regard to reports from the Examiners will be again referred
There are some cases in which a departure is made from Departure the rules that govern the introduction of private bills. By ordinary standing order No. 193, as already stated, no private bill rules
governing is to be brought into the house otherwise than upon a the intro
duction of petition duly deposited in accordance with the provisions private of that standing order and of standing order No. 32; and the manner (as just described) in which all private bills are to be presented is laid down by standing order No. 195 and 196. But in the case of certain bills promoted by L.C.C. bills. the London County Council, the petition for the bill is S. O. permitted under standing order No. 1948 to be deposited, and the bill itself presented, at later dates than those prescribed in the case of private bills generally. “Hybrid ” Hybrid and
provisional bills, which have already been described, and provisional order bills.
1 Infra, p. 728.
* In the case of the Blackrock, &c., Tramways Bill, 1882, petitions presented by certain parties (praying that the bill might be referred to the Examiner to inquire as to the legality of the sealed bill produced
before him in the proof of compli.
Supra pp. 468. 673.