페이지 이미지
PDF
ePub

private

for bills,

order bills, which will be dealt with later (Chapter XXX.), Chapter

XXVII. are not required to be brought in, like private bills, upon. Urgent

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.
Petitions If parties desire to solicit a private bill during the current
and bills session, who have not deposited a petition : for the bill
after time., e

before the 17th December, they may deposit a petition,
praying for leave to deposit a petition for a bill, and ex-
plaining 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.

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.

? 160 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, however, no order is made in the house if parties, after having deposited a petition for a bill, desire not to proceed further. In 1905, in the Thames Harbour case, the promoters, having deposited their petition, did not proceed further and deposit their bill for presentation at the prescribed

re

the

vered

Vote

Chapter Every private bill presented to the house must be printed Bills must XXVII.

imod has the snow be printed on paper of a folio size (as determined by the Speaker), 6. with a cover of parchment attached to it, upon which the sentation

(charges 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

thot being in advertisement; and standing order No. 202 provides that

au italics).
“all charges in any way affecting the public revenue, S. 0. 201.
; which occur in the clauses of any private bill, shall be 202;

printed in italics."I With the exception of Name bills And copies
all private bills must be printed, and printed copies must is
be delivered to the Vote Office for the use of members Office.

S. 0. 203.
before the first reading.?
| When “ laid on the table of the house" a private bill is First read-
deemed to have been read the first time (and is recorded in ing.

s. 0. 197. the votes as having been so read); and, on the day on whicho 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 are peste

“ferred to that house, and, unless they are name or divorce bills, the Ex

aminers are referred to the Examiners, before whom compliance after first

reading. with such standing orders only as have not been previously inquired into has to be proved. Under standing 1941. 232. order No. 194B, 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.

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

the Exami

ners under time; and in the Coventry Electric which had been accidentally omitted «Whern. Tramways case (in which the Ex- from the printed copies of the bill, cliffe " aminers of Petitions for private and the house allowed the parties to S. O., 62bills had reported a non-compliance) make the alteration. 101 C. J. 183. 66; the promoters similarly proceeded 185 (Southport Improvement Bill). no further, informing the standing 3 As to these bills (and as to orders committee accordingly (160 Naturalization and Restitution C. J. 38).

bills which, similarly, have. not 1 Cf. also supra, p. 560.

been referred to the Examiners in : On the 20th February, 1846, the Commons), see p. 839 and Chapthe solicitor and agent for a bill ter XXIX. petitioned for leave to add schedules

Is re.

[ocr errors]

XVII.

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 com-

panies concerned, in the manner prescribed in the orders.
and under Under standing order No. 67, in the case of certain rail-
S. 0. 67.
68.

way 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 con-
veniently 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 re Under standing order No. 61 (which is identical in both ferred to the Ex: houses), whenever any alteration has been made in any aminers under S. 0.

1 As to the right of proprietors the Examiners, cf. standing order &c., dissenting under standing 75, and supra, p. 700. orders Nos. 62-66, to be heard before

61.

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. Compliance with this order is not
necessary in the case of alterations made upon a petition
for additional provision in the first house.

If, after the introduction of a private bill, any additional Petitions provision should be desired to be made in the bill, in tional prorespect of matters to which the standing orders are applic

som ennlie rision.

S. 0. 198. able, 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. 0. 72.

73. 232. 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.

tio

committe

applicable to the petition for additional provision; and if Chapter

XXVII. 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. Provisions It has already been explained (supra, p. 560) that any

i 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 bills, considered in which impose a tax on the people, have to be sanctioned

e by a resolution of a committee of the whole house, the
of the
whole

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.3
| 159 O. J. 79. 85. &c.

house;

ordered to be brought in, were In 1853, the standing orders com instructed to make provision purmittee had reported that the parties suant to the petition. A second should have leave to make provision reference to the standing orders in the Lands Improvement Bill, committee was thus avoided. 108 pursuant to their petition. In the C. J. 406. mean time the amendments pro ? National Loan Fund Life Asposed to be made in other parts of surance Society (stamp duty on the bill had become so numerous, memorials), 1855, 110 C. J. 217. 221. that the chairman of ways and 225. 229; Law Life Assurance Someans required the promoters to ciety (stamp duty on memorials), withdraw it, and bring in another. 1863, 118 C. J. 312. 316. 327. 330; On bill No. 2 being ordered, the Land Securities Company (stamp resolution of the house on the re duty on mortgage debentures), 1864, port of the standing orders com 119 C. J. 116. 122. 126. 127. mittee was read, and the members, 3 Dundalk and Greenore Railway by whom (in accordance with the (cancellation of bond), 1873, 128 then-existing practice) the bill was C. J. 209. 215. 221; Rhondda Valley

« 이전계속 »