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hegeslaan Cormile

mittee.

"non horal committee of selection ; and, under a more or less similar Chapter

XXVII. 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).
Private In the session of 1873, pursuant to the recommendation
bills re-
ferred to a of a joint committee of 1872, those railway and canal bills
joint com-

· which contained certain powers, of transfer and amalgama

tion, were committed to a committee of three members to be
joined by a committee of three lords.3 In this case the
standing orders relating to the constitution of committees
upon private bills were suspended; and the ordinary rules
of locus standi 4 were superseded by a general order, refer-
ring 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."
Notices to With regard to any private bill which-in variance
be given
of meeting from the ordinary rule—is not referred to the com-
of com.
mittee on mittee of selection or the general committee, the clerk of
private
bill; and

the committee to which it is referred gives at least four
of any clear days' notice to the Private Bill Office of the day and
postpone.
ment of hour appointed for the first meeting of the committee on

eets the bill if it is an opposed bill, and one clear day's notice
ing.
8. O. 236. if the bill is an unopposed or recommitted bill; and if this

meeting be postponed he gives immediate notice of such
1 137 C. J. 98.

a committee of four Lords (155 C. J. ? In these two sessions opposed 141). And in the same year certain “ Police and Sanitary” Bills were railway bills originating in the dealt with by two Private Bill Com Lords were similarly referred after mittees, unopposed bills of the same their second reading in that house character being considered by the to a joint committee of the same Committee on Unopposed Bills. numbers, the Commons members 3 128 C. J. 179.

being similarly nominated by the * Infra, pp. 760. 786.

committee of selection (Railways s 128 C. J. 209, and see supra, pp. (Ireland) Amalgamation Bills, 1900, 411. 423.

155 C. J. 129. 141. 165. 172. 321. In 1900 the Dublin Corporation 334). Bill and the Clontarf Urban Dis. Cf. supra, p. 421 (as to joint com. trict Council Bill (both orginating mittees); and infra, p. 892, n. (Pro. in the Commons) were committed visional Order Bills) and XXXI. to a select committee of four (joint committee under the Private members nominated by the com. Legislation Procedure (Scotland) mittee of selection to be joined with Act, 1899),

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Chapter postponement. Precisely similar notices are given to the
". 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.
Before the sitting of the committee on a private bill, The

“Filled. some important proceedings are necessary to be taken by up” bili the promoters. The agent is required to deposit in the to be de

Le posited. Private Bill Office a “filled-up” bill, signed by himself, as is. 0. 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." Under standing order No. 80, as already described (supra, Superp. 707), it is the duty of the chairman of ways and means vision by to examine all private bills, whether opposed or unopposed, man of

'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. 0. 80. the chairman of the committee on every opposed private bill, to report

dnrivate Bill His power to all points which may appear to him to require it; and special

circumunder 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 De that any unopposed bill should be treated as an opposed as opposed.

JS. 0. 83. 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 so committee, copies of the bill, as proposed to be submitted

that an

bill should e treated

him.

1 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

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.

man of com

partments

And before to the committee, must be laid before the chairman and Chapter the chair- uncol Dolu Birned

counsel, duly signed, by the agent. In the House of *

Lords, copies of the bill, as proposed to be submitted
mittees,
House of to the committee on the bill in the Commons, are also
Lords.

laid before the Lords' chairman of committees and his

counsel; and a simultaneous examination of the bill is Amend- consequently proceeding in both houses. Amendments ments sugo cested or 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, Amen ments pro.

... modified, or dispensed with. The promoters are similarly posed, and in frequent communication with public boards or governsupervi. sion, by ment departments, who, again, are in communication public de-.

is) 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, tram-
ways, electric lighting, patents, weights and measures,
tidal waters, harbours,” docks and shipping, and other
matters connected with the general business of that depart-
ment-suggesting such amendments as they think neces-
sary 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 pro-
visions. 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 Govern-
ment Board.3 And in case a bill should affect the public

i See S. O. (H. L.), No. 140B.

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

aoters.

such amend.

Chapter revenue, similar communications will be necessary with the
XXVII.

Treasury, and other revenue departments. Under the
standing orders, Nos. 33 and 60, of both houses, copies S: 0.33 &

760 (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 amend.

ments proalso, by proposing amendments of their own, endeavour to posed by conciliate parties who are interested, and to avert opposition. Prom

When the amendments consequent upon these various Limits to proceedings have been introduced, the printed bill, with all am the proposed amendments and clauses inserted, in manu- ments

before sit. script, is in a condition to be submitted to the committee : ting of the

committee. 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.4

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

of combe laid, duly signed, by the agent, before each member of mittee,

copies of the committee.

bill to be No committee on an opposed private bill, or group of bed beror such bills, can proceed to business until the required s. 0. 137. declaration 5 has been signed by each of the members. If In com

mittees State in such cases were transferred, 1854, pp. 605-6: 117 C. J. 258. &c. 2:1pposed by the Local Government Act, 1871, On the 28th February, 1860, leave members to the Local Government Board. was given by the house to the com- must first 1 Proof of compliance with these mittee on Group 1 of Railway Bills sign de

+ claration. orders has to be given before the to sit and proceed to business, noto che Examiners.

withstanding that one of the mem- S. 0. 117. ? See supra, p. 715.

bers (who had received notice of his 3 108 C. J. 406.

appointment to the committee) * Bristol Parochial Rates Bill, had not signed the required declara1845; Porthleven Harbour Bill, 1869. tion (115 C. J. 94). And on the s Supra, p. 747.

9th July, 1900, the committee on 6 109 C. J. 207; Suppl. to Votes, Group J. of Private Bills, having

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members not to absent

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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. When all the members have present. signed the declaration, the committee may not proceed if S. 0. 118. more than one of the members be absent, unless by special And 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 themselves. S. 0. 119. within one hour of the time of meeting, or absenting themMembers selves, are reported to the house at its next sitting, when reported. they are either directed to attend at the next sitting of the $ 0. 122. committee, or, if their absence has been occasioned by Excused,

' sickness, 4 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 present. 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

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suspended

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When quorum cannot attend.

S. 0. 123. proceeded with the business re

ferred 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, notwith
standing, “ 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. 312); 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.)

3 155 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 of. 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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