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Chapter referred to the standing orders committee. And in any
XXVII.

case where the Examiner has made a special report “as s. 0. 199,
to the construction of a standing order," ? the committee
have to determine, according to their construction of the
order, and on the facts stated in his report, whether the
standing orders have or have not been complied with ;
and they then either report to the house that the standing
orders have been complied with, or, if not complied with,
proceed to consider whether the standing orders ought to
be dispensed with.

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

are

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
equitably, with reference to public interests and private
rights, whether the bill should be permitted to proceed. If
the promoters appear to have attempted any fraud upon the
house, or to be chargeable with gross or wilful negligence,
they will have forfeited all claim to a favourable considera-
tion. But assuming them to have taken reasonable care in
endeavouring to comply with the orders of the house, and
that their errors have been the result of accident or inad-
vertence, not amounting to laches, their case will be con-
sidered according to its particular circumstances. The
committee will then estimate the importance of the orders
which have been violated, the character and number of
separate instances of non-compliance, the extent to which
public and private interests may be affected by such non-
compliance, the importance and pressing nature of the bill
itself, the absence of opposition, or other special circum.

stances. And, according to the general view which they
Reports may take of the whole of the circumstances, the committee
from the
committee. will report either that the standing orders ought not to be

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,
with, and gives the parties leave to proceed; and where any con-
leave given 8
to parties ditions are specified in the committee's report, the neces-
to proceed.

sary compliance with them is required to be proved, in
ordinary cases, before the committee on the bill, or, in
some special cases, before the Examiners.?
parties; Edinburgh and Northern sions) Bill, 1904, compliance with
Railway Bill, 1849, 104 ib. 37. 48. 70. some of the prescribed conditions

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.

XXVII.

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

orders committee.

And

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-
mittee, with an instruction to inquire and report whether
the special circumstances stated were such as to render it
just and expedient that the standing orders should be dis-
pensed with : but the committee after investigation, re-
peated their resolution that the orders ought not to be
dispensed with. And in 1883, in the case of the Dundalk
Water Bill, the committee having reported that the stand-
ing orders ought not to be dispensed with, the report was
recommitted; but the committee adhered to their previous
decision. In 1870, certain resolutions of the committee,
with the bills and the reports of the Examiners, were re-
ferred back to the committee, and petitions were referred
to them, with an instruction to report whether special
circumstances rendered it expedient that the standing
orders should be dispensed with. The report was favour-
able, and the bills were permitted to proceed.3

In 1886, in the case of the Felixstowe, Ipswich, and Mid-
lands Railway Bill, the standing orders committee having
refused to dispense with the standing orders, their resolu-
tion was referred back to them; and the committee then
reported that the standing orders should be dispensed
with, subject to certain proofs being given before the
Examiner, and that the committee on the bill should report
how far this condition had been complied with.4

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.

Chapter

The proceedings of the standing orders committee in Other XXVII.

regard to reports from the Examiners will be again referred
to, incidentally, when dealing with bills referred to the orders

committee.
Examiners after introduction, and with petitions for addi. 8. 0. 200,
tional provision. Besides the Examiner's reports, how- 95. 96.
ever, there also stand referred to this committee all petitions
which have been deposited in the Private Bill Office, pray-
ing that any of the sessional or standing orders of the
house may be dispensed with—or that petitions for private
bills, which have been struck off the General List by the
Examiners, may be reinserted $_and all petitions opposing
the same; and the committee report their opinion upon
such petitions to the house. Other matters, also, are some-
times referred to the standing orders committee ; 4 and their
duties in reference to clauses and amendments which may
be referred to them, in accordance with standing order
No. 216, will be noticed later (p. 834).

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.

bills.

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1 Infra, p. 728.
? Infra, p. 726.
3 Cf. Supra, p. 698.

* 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.
ance with standing orders) were re-
ferred to the standing orders com-
mittee who reported thereon to the
house, 137 C. J. 81. :95. Cf. also
infra, p. 798.
5 Supra, p. 693.

Supra pp. 468. 673.

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