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Chapter the committee on a private bill to make a special report.1

XXVII.

"Parties

If parties acquaint the committee that they do not desire Report that to proceed further with the bill,2 this fact is reported to the do not prohouse; and an order is then made that the bill be with- ceed," &c. drawn or, merely, that the report do lie upon the table.* In 1902 a committee having thus reported that the parties did not intend to proceed with their bill, notice was given of a motion to recommit the bill; but Mr. Speaker ruled that such a motion would be out of order, on the ground that a private bill was the property of the promoters and that the house could not compel them to proceed with it against their wish.5

After the preamble of a bill has been proved, the

another bill; and they recommended,
"That every facility, consistent with
the forms of the house, should be
given to such a bill during the
present session," 101 C. J. 732.

In 1899 a select committee on cer-
tain Irish Railway Amalgamation
Bills made a special report recom-
mending that, owing to the late
period of the session, a bill should
be withdrawn, although the pro-
moters were ready to proceed with
it, 154 C. J. 373-4. 377.

1 The case of the London and Brighton Railway Bills of 1837 was of a very unusual character, and deserves particular notice. The bills for making distinct lines of railway to Brighton had been referred to the same committee, when an unprecedented contest arose among the promoters of the rival lines, and at length it was apprehended that the preamble of each bill would be negatived, in succession, by the combination of three out of the four parties against each of the lines in which the three were not interested, and on which the committee would have to determine separately. This result was prevented by an instruction to the committee "to make a special report of the engineering particulars of each of the lines, to enable the

house to determine which to send
back for the purpose of having the
landowners heard and the clauses
settled." This special report was
made accordingly: but the house,
being unable to decide upon the
merits of the competing lines, agreed
to address the Crown to refer the
several statements of engineering
particulars to a military engineer.
On the report of the engineer, ap-
pointed in answer to this address,
the house instructed the committee
to hear the case of the landowners
upon the line called the Direct line,
92 C. J. 356. 417. 519. 529.

In 1824 a report was made
that from the protracted examina-
tion of witnesses, the promoters of
the South London Docks Bill desired
leave to withdraw their bill, and
that the committee had instructed
the chairman to move for leave
(which was accordingly given) to lay
the minutes of evidence before the
house, 79 C. J. 445. 449.

3105 C. J. 510; 131 ib. 372.

129 C. J. 98; 149 ib. 184; 157 ib. 443; 159 ib. 97. 123; &c.

5 London United Electric Railway Bill, 157 C. J. 443, and Mr. Speaker's private ruling 29th October, 1902. See also 150 Parl. Deb. 4 s. 329: and supra, p. 687.

All bills to be

And ad

of committees on

bills to be

XXVII.

promoters have abandoned the bill rather than consent to Chapter the introduction of amendments insisted upon by the committee.1

It is the duty of every committee to report to the house reported. the bill that has been committed to them, and not by long S. O. 149. adjournments to withhold from the house the result of journment their proceedings; and therefore it has been prescribed by standing order that every committee on an opposed opposed private bill shall report specially to the house the cause reported. of any adjournment over any day on which the house S. O. 126. shall sit. If any attempt of this nature be made to defeat a bill, the house will interfere to prevent it. Thus, in 1825, the committee on a private bill having adjourned for a month, was "ordered to meet to-morrow, and proceed on the bill; "3 and again, on the 23rd March, 1836, the house being informed that a committee had adjourned till 16th May, ordered them "to meet tomorrow, and proceed on the bill.” 4

Adjournment of

com

mittees.

S. O. 238.

Committees

revived.

Whenever a committee adjourns, the committee clerk is required to give notice in writing to the clerks in the Private Bill Office, of the day and hour to which the committee is adjourned.

If a committee adjourn, without naming another day for resuming their sittings; or if, from the absence of a quorum, the committee be unable to proceed to business or to adjourn to a future day, they have no power of reassembling without an order from the house, giving the committee leave to sit and proceed on a certain day.5

1 Glasgow Waterworks Bill, 1848, (Minutes, p. 97); Plymouth Corporation Bill, 1903 (in House of Lords), &c. And for a case where the promoters of an omnibus bill decided not to proceed with one portion of which the committee had found the preamble proved subject to conditions, see London and North Western, &c. (New Railways) Bill, 1899, (154 C. J. 209).

2 Cf. e.g. Reports of Adjournments, 146 C. J. 371; 156 ib. 96; 157 ib. 198. 83; 160 ib. 81; &c.

380 C. J. 474.
491 C. J. 195.

Cf. also the debate on the instruction, 14th June 1887 (142 C. J. 292), directing the committee on the Manchester Ship Canal Bill to report the bill before a specified day, 316 H. D. 3 s. 24-34.

105 C. J. 201 (Minutes of Committee on Tyne Navigation, &c., Bills, 18th March, 11th April, 1850); 106 ib. 280; 157 ib. 400. 440 (Group 12, 31st July and 20th October, 1902).

As to leave given to committees to

Chapter

case of

bills before

mittees.

In the case of a private bill that has been referred, ProceedXXVII. in departure from the ordinary procedure, to a select ings in the committee nominated (like the committee on a "hybrid" private bill) partly by the house and partly by the committee of select comselection, or otherwise specially constituted (see pp. 749-751), the proceedings are generally similar to those of ordinary private bill committees.1 But in such a committee, the chairman-in accordance with a resolution of the house of 25th March, 1836, and with the established rules of Parliament regarding select committees 2 can only vote when there is, an equality of voices, and its members do not sign the declaration required by standing order No. 117,3 nor are they subject to the requirements of the standing orders as to attendance on private bill committees. The practice of referring bills of a certain class, already mentioned, to committees so constituted, has of late years greatly increased. There are advantages attaching to such committees; but, on the other hand, the judicial character of the tribunal is impaired by the absence of those regulations by which the continuity and impartiality of the tribunal are preserved.5

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of members), 155 C. J. 101; 80 Parl.
Deb. 4 s. 206. 900. 1053-59.

In the committee on South-
ampton Docks Bill, 1892, one mem-
ber was
a director of the dock
company, and another held shares
in the South Western Railway Com-
pany (the purchasing company):
but it was decided by the authorities
of the house that the constitution
of the committee was perfectly
regular.

In the London County Council
(General Powers) Bill, and London
Improvements Bill, 1893, a member
of the London County Council was
a member of the committee on both
bills. See debate on the latter bill,
14 Parl. Deb. 4 s. 30. 33-39.

Cf. also the debate regarding the committee on Electric Power Bills, 1900, 80 Parl. Deb. 4 s. 1053-59.

Every

private bill

as amended in committee to

and

XXVII.

When the report has been made out and agreed to by the Chapter committee, the committee clerk delivers in to the Private Bill Office "the committee bill," being a printed copy of the be printed bill with the written amendments made by the committee, delivered. and with every clause added by the committee regularly marked in those parts of the bill in which they are to be inserted. In strict conformity with this authenticated copy, the bill, as amended by the committee, is required by the S. O. 214. standing orders to be printed at the expense of the parties. When printed, such bills must be delivered to the Vote Office, for the use of members, three clear days at least before the consideration of the bill, but not before the report of the bill has been made to the house; and agents, when they give notice at the Private Bill Office, of the day for the consideration of the bill, must produce a certificate from the Vote Office of the delivery of the amended printed bill on the proper day.1

Bills with. drawn or

referred to

after re

port.

In some cases, the alterations made by the committee have been so numerous and important, as almost to conexaminer stitute the bill a different measure from that originally brought before the house. In such cases, the house has sometimes required the bill to be withdrawn, and another bill presented, which has been referred to the Examiners. Thus, on the 21st May, 1849, on the report of the Holme Reservoirs Bill, notice being taken that almost the whole of the bill as brought in had been omitted, and a new set of clauses introduced, the bill was ordered to be withdrawn.2 But, unless the case be one of great irregularity, the later and better practice has been to refer the bill, as amended, "to the Examiners, to inquire whether the amendments involve any infraction of the standing orders." If the

1 Order of the Clerk of the House, 30th March, 1844.

2 104 C. J. 320. 382.

As to the case of a provisional order bill referred as amended to the Examiners, see 156 C. J. 302. 307. 318; and infra, p. 894.

In the case of hybrid bills similar motions, to refer the bill as amended

in committee to the Examiners, have
been made. In the case of the
Smithfield Market Bill, 10th July,
1860, such a reference was refused
(115 C. J. 370). In the case of the
Metropolitan Cattle Market Bill,
1868, it was granted (123 ib. 223).
In the case of the Toll Bridges
(River Thames) Bill, 1876, the bill

XXVII.

Chapter Examiner reports that there is no infraction of the standing orders, the bill proceeds without further interruption: but if he reports that there has been such an infraction, his report, together with the bill, will be referred to the standing orders committee who report whether the standing order ought1 or ought not to be dispensed with.

recommit

ment of a

bill.

In some cases private bills, reported from a committee, Cases of have been recommitted; and, unless the house has otherwise directed, the recommitted bill has stood referred, in private the ordinary way, to the committee of selection.2 Usually, however, when any private bill is recommitted, it is referred specifically "to the former committee; and no member can then sit, unless he had been duly qualified to serve upon the original committee on the bill. In some

underwent SO many important alterations in committee as to be substantially a new bill, and its opponents urged that it ought to be withdrawn. But the second reading of the bill had been postponed, while a select committee was considering the whole subjectmatter of the bill; and when that committee had reported, the bill was read a second time and committed; and the report of the committee (together with other reports upon the same subject), was referred to the committee on the bill. These proceedings were regarded by the committee as in the nature of an instruction, and amendments had therefore been made, of a comprehensive character, founded upon previous inquiries and recommendations. Under these exceptional circumstances, the Speaker suggested that the house would probably consider that the committee had not so far exceeded its powers as to require the withdrawal of the bill. But as private rights and interests were concerned in the bill, and in the amendments made by the committee, he recommended that it should be referred to the Examiners. This was accordingly

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done; and though it appeared that in respect of some of the amendments the standing orders had not been complied with, the standing orders committee reported that they ought to be dispensed with; and the bill was allowed to proceed through all its further stages (131 C. J. 354, &c.; 230 H. D. 3 s. 1679; Mr. Speaker Brand's Note-book; and see supra, pp. 492. 499-500).

1 Dublin Central Tramways Bill, 1877, 132 C. J. 366. 378. 399; and Milford Docks Bill, 1874, 129 ib. 141. 142. 153 (in which case the bill was referred with an instruction to the Examiners to report whether a specified standing order had been complied with, in reference to clauses inserted in committee).

2 Dublin Corporation Bill, 1896, (151 C. J. 406. 409, and see supra, p. 741). In this case the minutes of evidence before the former committee were referred to the committee on the recommitted bill.

3 Leave has been given in some such cases, for the committee to sit and proceed with two members (142 C. J. 166; 149 ib. 278), or with a quorum of two (111 ib. 256). On the Warrington, &c., Railway (recommitted) Bill, 1853, the

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