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Urgent private

XXVII.

order bills, which will be dealt with later (Chapter XXX.), Chapter are not required to be brought in, like private bills, upon petition. And there have been instances of such urgent bills necessity for legislation, that a private bill has been brought in on motion. brought in on motion: in such cases, the standing orders have been suspended by order of the house, and leave given to bring in the bill.1

Petitions for bills,

and bills

after time.

If parties desire to solicit a private bill during the current session, who have not deposited a petition; for the bill deposited before the 17th December, they may deposit a petition, praying for leave to deposit a petition for a bill, and explaining the circumstances under which they had been prevented from complying with the orders of the house as to the deposit of the petition for the bill at the proper time. This petition (for leave to deposit a petition) will stand referred to the standing orders committee, and if the parties succeed in making out a case for indulgence, leave will be given to them by the house, on the report of the committee, to deposit a petition for a bill, which will be proceeded with in the usual manner.2

1 East London Railway (Payment of Debts) Bill, 1878, 133 C. J. 320; Metropolitan Board of Works (District Railway) Bill, 1883, 138 ib. 242; Manchester Ship Canal Bill, 1887, 142 ib. 276; Hull, Barnsley, &c., Railway Bill, 1889 (to raise further money by debentures), 144 ib. 295; Lancashire Union Railway (Mines) Bill, 1894, 149 ib. 218.

2160 C. J. 49. 78. 94 (Malvern Water, 1905) and 160 ib. 93. 122. 128 (Worcestershire County Council, &c., 1905). For earlier cases, previous to 1903, cf. 109 C. J. 340; 112 ib. 295; 115 ib. 244; 117 ib. 293; 150 ib. 47.

In some cases-occurring before the repeal, in 1903, of the standing order under which the petitions for private bills were presented to the house and the bills themselves formally ordered to be brought in (supra, p. 715, note 1)-promoters obtained leave from the house to with

draw their original petition for a bill
and to present petitions for several
separate bills with reference to the
objects comprised in their original
petition (South Eastern Railways,
1845, 100 C. J. 43. 104. 115. 136;
London and Croydon Railway
(Kentish Lines) and London and
Croydon Railway Enlargement,
1845, 100 C. J. 108. 130. 138). And
on the 16th February, 1892, the
order, previously made, for leave to
bring in the London and North
Western Railway (New Railways)
Bill was discharged, and leave was
given to bring in two bills in lieu
thereof (147 C. J. 46). Now, how-
ever, no order is made in the house
if parties, after having deposited a
petition for a bill, desire not to pro-
ceed further. In 1905, in the Thames
Harbour case, the promoters, having
deposited their petition, did not pro-
ceed further and deposit their bill
for presentation at the prescribed

XXVII.

be printed

(charges

the

202;

delivered

S. O. 203.

Chapter Every private bill presented to the house must be printed Bills must on paper of a folio size (as determined by the Speaker), before prewith a cover of parchment attached to it, upon which the sentation title is written; the short title of the bill, as first entered affecting in the votes, must correspond with that at the head of the Revenue being in advertisement; and standing order No. 202 provides that italics). "all charges in any way affecting the public revenue, s. O. 201. which occur in the clauses of any private bill, shall be printed in italics."1 With the exception of Name bills And copies all private bills must be printed, and printed copies must to Vote be delivered to the Vote Office for the use of members Office. before the first reading.2 When "laid on the table of the house" a private bill is First readdeemed to have been read the first time (and is recorded in ing. the votes as having been so read); and, on the day on which it is so laid, it is ordered to be read a second time, or is referred to the Examiners. All bills brought from the Bills that House of Lords are read the first time when received from that house, and, unless they are name or divorce bills, are referred to the Examiners, before whom compliance after first with such standing orders only as have not been pre- S. O. 72. viously inquired into has to be proved. Under standing 194B. 232. order No. 194в, certain bills introduced by the London County Council have to be referred after first reading to the Examiners in the manner, and for proof of compliance with the requirements, specified in that order.

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S. O. 197.

are re

ferred to

the Ex

aminers

reading.

Under what are known as the "Wharncliffe" standing Bills reorders, Nos. 62 to 66, certain bills, conferring particular ferred to

time; and in the Coventry Electric
Tramways case (in which the Ex-
aminers of Petitions for private
bills had reported a non-compliance)
the promoters similarly proceeded
no further, informing the standing
orders committee accordingly (160
C. J. 38).

1 Cf. also supra, p. 560.

2 On the 20th February, 1846, the solicitor and agent for a bill petitioned for leave to add schedules

the Examiners under the which had been accidentally omitted « Wharnfrom the printed copies of the bill, cliffe " and the house allowed the parties to S. O., 62make the alteration. 101 C. J. 183. 66; 185 (Southport Improvement Bill).

3 As to these bills (and as to Naturalization and Restitution bills which, similarly, have not been referred to the Examiners in the Commons), see p. 839 and Chapter XXIX.

S. O. 67. 68.

XXVII.

powers upon companies constituted by Act of Parliament chapter or otherwise, have to be referred to the Examiners for proof that, as brought into the house-or as amended (or proposed to be amended) on a petition for additional provision, or as brought from the House of Lords-they have been duly approved of by the proprietors or members of the companies concerned, in the manner prescribed in the orders.1 and under Under standing order No. 67, in the case of certain railway bills, by which a charge is imposed on a local rate in Ireland, and under standing order No. 68, in the case of certain bills for the purpose of establishing companies, similar proof is required of the approval, in the former case, of the County Council or other rating authority, and, in the latter, of the directors, &c., named in the bill. The particular provisions, however, of these two standing orders and of the five "Wharncliffe " orders (Nos. 62-66), are practically identical in both houses, and will be more conveniently detailed later in connection with the proceedings in the Lords upon private bills (Chapter XXVIII.). Here it is only necessary to note the stage at which the bills under these standing orders are referred in the Commons to the Examiners. Those under standing orders Nos. 62, 63, and 67, being bills originating in the Commons, are referred" within five weeks of the date on which the petition for the same was endorsed by the Examiner;" those under standing orders Nos. 64, 65, and 68, being Lords' bills, are referred on being brought from that house; whilst in the case of bills under standing order 66, being bills originating in the Commons, if the bill as introduced contains the provisions for which consents are requisite under the order, the necessary proof before the Examiners has to be taken within the period of five weeks mentioned above.

Bills referred to

Under standing order No. 61 (which is identical in both the Ex- houses), whenever any alteration has been made in any

aminers

under S. O. 61.

As to the right of proprietors &c., dissenting under standing orders Nos. 62-66, to be heard before

the Examiners, cf. standing order
75, and supra, p. 700.

Chapter work authorized by "any bill of the second class," during
XXVII. its progress through the house in which it originates, proof

has to be given before the Examiner, when the bill reaches
the second house, of compliance with certain conditions
which are specified in detail in the order. These con-
ditions correspond to those with which compliance has to
be proved under the preliminary standing orders already
mentioned, prior to the introduction of bills of the second
class; but they comprise in addition certain stringent re-
quirements (specifically prescribed by this order) relating
to the interests of owners, occupiers, and lessees affected
by the alteration.1 Compliance with this order is not
necessary in the case of alterations made upon a petition
for additional provision in the first house.

for addi

in tional pro

vision.

S. O. 198.

73. 232.

If, after the introduction of a private bill, any additional Petitions provision should be desired to be made in the bill, respect of matters to which the standing orders are applicable, a petition for that purpose should be presented to the house, with a printed copy of the proposed clauses annexed. The petition will be referred to the Examiners of petitions for private bills, who are to give at least two S. O. 72. clear days' notice of the day on which it will be examined. Memorials complaining of non-compliance with the standing orders, in respect of the petition, may be deposited in the Private Bill Office, together with two copies thereof, before twelve o'clock on the day preceding that appointed for the examination of the petition; and the Examiner may entertain any memorial, although the party (if any) who may be specially affected by the non-compliance shall not have signed it. After hearing the parties, in the same manner as in the case of an original petition for a bill, the Examiner reports to the house whether the standing orders have been complied with or not, or whether any be

1 Cf. committee on South Eastern Railway Bill, 1889.

In cases where provisions are sought to be inserted, upon petition for additional provision, which were comprised in the original notices

but were not contained in the bill
as introduced into Parliament, the
original notices are not held to
apply to the additional provisions
proposed to be inserted. Standing
order 72.

Provisions (or petitions for

bills, con

committee

of the whole house;

XXVII.

applicable to the petition for additional provision; and if Chapter
the standing orders committee report that those standing
orders with which the Examiner reports a non-compliance
should be dispensed with, the promoters have leave, upon
the resolution of that committee being agreed to by the
house, to introduce their additional provision if the com-
mittee on the bill think fit.1

It has already been explained (supra, p. 560) that any
clauses and provisions, incidentally contained in a public
additional bill, which create a charge on the consolidated fund or
provision)
in private on the public revenues or the revenues of India, or
sidered in which impose a tax on the people, have to be sanctioned
by a resolution of a committee of the whole house, the
recommendation of the Crown being signified and the
resolution being agreed to by the house. Before the com-
mittee on the bill can consider the matter, similar pro-
ceedings are necessary with regard to any such provision
when contained (or proposed, upon a petition for additional
provision, to be inserted) in a private bill. The house re-
solves to go into committee on a future day, to consider the
proposed provision, the King's recommendation being sig-
nified, and the matter is considered in the committee of the
whole house on that day; and when the resolution is reported,
and is agreed to by the house, an instruction is given to
the committee on the bill to make provision accordingly.

1 159 C. J. 79. 85. &c.

In 1853, the standing orders committee had reported that the parties should have leave to make provision in the Lands Improvement Bill, pursuant to their petition. In the mean time the amendments proposed to be made in other parts of the bill had become so numerous, that the chairman of ways and means required the promoters to withdraw it, and bring in another. On bill No. 2 being ordered, the resolution of the house on the report of the standing orders committee was read, and the members, by whom (in accordance with the then-existing practice) the bill was

ordered to be brought in, were
instructed to make provision pur-
suant to the petition. A second
reference to the standing orders
committee was thus avoided. 108
C. J. 406.

2 National Loan Fund Life As-
surance Society (stamp duty on
memorials), 1855, 110 C. J. 217. 221.
225. 229; Law Life Assurance So-
ciety (stamp duty on memorials),
1863, 118 C. J. 312. 316. 327. 330;
Land Securities Company (stamp
duty on mortgage debentures), 1864,
119 C. J. 116. 122. 126. 127.

3 Dundalk and Greenore Railway (cancellation of bond), 1873, 128 C. J. 209. 215. 221; Rhondda Valley

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