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Private

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XXVII.

committee of selection; and, under a more or less similar Chapter
order, this "Police and Sanitary" Committee has been
annually appointed since 1886 except in 1901 and 1902.2
Its duties are detailed later (p. 805).

In the session of 1873, pursuant to the recommendation
ferred to a of a joint committee of 1872, those railway and canal bills
joint com- which contained certain powers, of transfer and amalgama-

mittee.

tion, were committed to a committee of three members to be joined by a committee of three lords. In this case the standing orders relating to the constitution of committees upon private bills were suspended; and the ordinary rules of locus standi were superseded by a general order, referring to the committee all petitions against the bills, which prayed to be heard, up to the date of the order. The standing order No. 124, which gives a second or casting vote, was also suspended, in order that the rule of the Lords, "semper præsumitur pro negante," might be adopted.5 With regard to any private bill which-in variance of meeting from the ordinary rule-is not referred to the committee of selection or the general committee, the clerk of the committee to which it is referred gives at least four clear days' notice to the Private Bill Office of the day and ment of hour appointed for the first meeting of the committee on such meet- the bill if it is an opposed bill, and one clear day's notice S. O. 236. if the bill is an unopposed or recommitted bill; and if this meeting be postponed he gives immediate notice of such

Notices to

be given

of com

mittee on
private
bill; and

of any
postpone-

ing.

1 137 C. J. 98.

In these two sessions opposed
"Police and Sanitary" Bills were
dealt with by two Private Bill Com-
mittees, unopposed bills of the same
character being considered by the
Committee on Unopposed Bills.
3 128 C. J. 179.

Infra, pp. 760. 786.

5 128 C. J. 209, and see supra, pp. 411. 423.

In 1900 the Dublin Corporation Bill and the Clontarf Urban District Council Bill (both orginating in the Commons) were committed to a select committee of four members nominated by the committee of selection to be joined with

a committee of four Lords (155 C. J.
141). And in the same year certain
railway bills originating in the
Lords were similarly referred after
their second reading in that house
to a joint committee of the same
numbers, the Commons members
being similarly nominated by the
committee of selection (Railways
(Ireland) Amalgamation Bills, 1900,
155 C. J. 129. 141. 165. 172. 321.
334).

Cf. supra, p. 421 (as to joint com-
mittees); and infra, p. 892, n. (Pro-
visional Order Bills) and XXXI.
(joint committee under the Private
Legislation Procedure (Scotland)
Act, 1899).

Chapter postponement. Precisely similar notices are given to the
XXVII. Private Bill Office by the clerk of the committee of selection

or the general committee with regard to every private bill
referred (as is the ordinary rule with all except Divorce
bills) to one or other of these two committees.

"Filled.

man of

Before the sitting of the committee on a private bill, The some important proceedings are necessary to be taken by up" bill the promoters. The agent is required to deposit in the to be deposited. Private Bill Office a "filled-up" bill, signed by himself, as s. o. 237. proposed to be submitted to the committee, two clear days before the meeting of the committee; and a copy of the proposed amendments is to be furnished by the promoters to such parties petitioning against the bill as shall apply for it, one clear day before the meeting of the committee.1 Under standing order No. 80, as already described (supra, Superp. 707), it is the duty of the chairman of ways and means the chairvision by to examine all private bills, whether opposed or unopposed, Ways and with the assistance of the counsel to Mr. Speaker, and to Means. call the attention of the house, and also, if he think fit, of S. O. 80. His power the chairman of the committee on every opposed private bill, to report to all points which may appear to him to require it; and special under standing order No. 83 he is at liberty, at any period stances, or after a bill has been referred to a committee, to report any unopposed special circumstance regarding it, or to inform the house be treated that any unopposed bill should be treated as an opposed as opposed. bill. To facilitate this supervision, the agent is not only Copies of required to lay copies of the original bill before the chair- the Filledman of ways and means and the Speaker's counsel as up bill to already described (see p. 707); but two clear days before before the day appointed for the consideration of the bill by a S. 0.82. committee, copies of the bill, as proposed to be submitted

In 1845 certain committees upon bills reported that no filled-up bill had been deposited by the agent as required, and that the committee had therefore declined to proceed with the bill, and had instructed the chairman to report the circumstance to the house (100 C. J. 261. 302). In these cases the practice

P.

has been to revive the committees,
and to give them leave to sit and
proceed on a certain day, provided
the filled-up bill shall have been
duly deposited (100 C. J. 302. 304).

Cf. also the objection raised re-
garding the "filled-up" bill in the
case of the Truro, &c., Railway Bill
(Group 2, April 18th), 1894.

3 с

circum

that au

bill should

S. 0.83.

be laid

him.

And before to the committee, must be laid before the chairman and the chair- counsel, duly signed, by the agent. In the House of

man of

com

mittees,

House of
Lords.

Amend

ments suggested or

ments pro

supervision, by public departments

2

Lords, copies of the bill, as proposed to be submitted to the committee on the bill in the Commons, are also laid before the Lords' chairman of committees and his counsel; and a simultaneous examination of the bill is consequently proceeding in both houses. Amendments are suggested or required by the authorities in both required houses, which are either agreed to at once by the proby these authorities. moters, or after discussion are insisted upon, varied, Amend- modified, or dispensed with. The promoters are similarly posed, and in frequent communication with public boards or government departments, who, again, are in communication with the chairman of ways and means and the Lords' chairman of committees. Thus, the Board of Trade assist in the revision of bills relating to railways, tramways, electric lighting, patents, weights and measures, tidal waters, harbours, docks and shipping, and other matters connected with the general business of that department-suggesting such amendments as they think necessary for the protection of the public, or for the saving of private rights. Where there are naval dockyards in any harbours, ports, or estuaries, the Admiralty may reserve its jurisdiction, and require protective clauses to be inserted; or may withhold the consent of the Crown to the execution of the proposed work. Where Crown property is affected, the Commissioners of Woods, who may give or withhold the consent of the Crown, have the bill submitted to them, and insist upon the insertion of protective clauses, or the omission of objectionable provisions. Bills promoted by local authorities for the improvement and sewerage of towns, and for the supply of gas and water, receive consideration by the Local Government Board. And in case a bill should affect the public

1 See S. O. (H. L.), No. 140в.

2 Where a bill comes within the provisions of the Preliminary Inquiries Act, 1851 (14 & 15 Vict. c. 49; amended by the Harbour

Transfer Act, 1862, 25 & 26 Vict. c.
69), amendments are introduced in
compliance with reports from the
Board of Trade.

The powers of the Secretary of

Chapter
XXVII.

XXVII.

ments pro

promoters.

Chapter revenue, similar communications will be necessary with the Treasury, and other revenue departments. Under the standing orders, Nos. 33 and 60, of both houses,1 copies S. O. 33 & 60 (of both of all private bills have to be laid before the Treasury, houses). the Local Government Board, and the Post Office; and) the different other departments with whom various private bills must be similarly deposited-and the time for such deposit are set out in detail in those orders. Before the And meeting of the committee on a private bill, the promoters amendalso, by proposing amendments of their own, endeavour to posed by conciliate parties who are interested, and to avert opposition. When the amendments consequent upon these various Limits to proceedings have been introduced, the printed bill, with all amendthe proposed amendments and clauses inserted, in manu- ments script, is in a condition to be submitted to the committee: ting of the but care must be taken, in preparing these amendments, that they are within the "order of leave," 2 that they involve no infraction of the standing orders, and are not excessive in extent.3 Where it was proposed to leave out the greater part of the clauses in the original bill, and to insert other clauses, the chairman of ways and means submitted to the house that the bill should be withdrawn.1

such

before sit

committee.

of com

At the first meeting of every committee on a private bill At First copies of the bill as proposed to be submitted to them must Meeting be laid, duly signed, by the agent, before each member of mittee, the committee.

copies of bill to be laid before members.

No committee on an opposed private bill, or group of such bills, can proceed to business until the required s. o. 137. declaration 5 has been signed by each of the members. If In com

State in such cases were transferred,
by the Local Government Act, 1871,
to the Local Government Board.

1 Proof of compliance with these
orders has to be given before the
Examiners.

2 See supra, p. 715.
3 108 C. J. 406.

Bristol Parochial Rates Bill,
1845; Porthleven Harbour Bill, 1869.
5 Supra, p. 747.

109 C. J. 207; Suppl. to Votes,

6

mittees on opposed bills,

claration.

S. O. 117.

1854, pp. 605-6; 117 C. J. 258, &c.
On the 28th February, 1860, leave members
was given by the house to the com- must first
mittee on Group 1 of Railway Bills sign de-
to sit and proceed to business, not-
withstanding that one of the mem-
bers (who had received notice of his
appointment to the committee)
had not signed the required declara-
tion (115 C. J. 94). And on the
9th July, 1900, the committee on
Group J. of Private Bills, having

And members

not to absent

themselves.

XXVII.

a member who has signed this declaration should sub- Chapter sequently discover that he has a direct pecuniary interest in a bill, or in a company who are petitioners against a bill, he will state the fact to the committee, and will be discharged by the house, or by the committee of selection, Quorum to from further attendance.1 When all the members have be always present. signed the declaration, the committee may not proceed if S. O. 118. more than one of the members be absent, unless by special leave of the house; but no member of a committee on an opposed private bill may absent himself, except in case of sickness, or by order of the house. Members not present S. O. 119. Within one hour of the time of meeting, or absenting themselves, are reported to the house at its next sitting, when reported. they are either directed to attend at the next sitting of the S. O. 122. committee, or, if their absence has been occasioned by &c. sickness, domestic affliction, or other sufficient cause, they Proceeding are discharged from further attendance. If at any time if quorum more than one of the members be absent, the chairman suspends the proceedings, and if, at the expiration of an S. O. 121. hour, more than one member be absent, the committee is adjourned to the next day on which the house shall sit, when it meets at the hour at which it would have sat if there had been no such adjournment. If after a committee has been formed, a quorum of members cannot attend, the

Members

absent

Excused,

suspended

not

present.

When quorum cannot attend.

3

S. O. 123. proceeded with the business referred to them, although one of the members of the committee (who was reported absent) had failed to sign his declaration, the house ordered that the proceedings before the committee should, notwithstanding, "be deemed to be, and be, valid" (155 C. J. 304. 305; 85 Parl. Deb. 4 s. 939).

1 100 C. J. 386; 101 ib. 904; 104 ib. 357 (and Suppl. to Votes, 1849, p. 168); 105 C. J. 225 (and Suppl. to Votes, 1850, p. 72); 106 C. J. 146 (and Suppl. to Votes, 1851, p. 812); 108 C. J. 518. 524 (and Suppl. to Votes, 1853, p. 777); 113 C. J. 200; 115 ib. 218; 147 ib. 398, &c.

2 105 C. J. 418. (Leave given to a
member to absent himself from a
committee on a group of railway
bills for one day on account of
urgent business.)

3155 C. J. 297. 305; 157 ib.
382; 158 ib. 197; 160 ib. 67;
&c.; and cf. supra, p. 748, notes 3
and 4. In some cases no order has
been made, 153 C. J. 183; 157 ib.
95; 159 ib. 97. 127, &c.; but cf.
68 Parl. Deb. 4 s. 24.
+ 158 C. J. 95.

5 160 C. J. 208. 217.

This is usually done by the Committee of Selection (supra, p. 749 and standing order 113) but occasionally by the house (110 C. J. 294; 112 ib. 168; 122 ib. 97, &c.).

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