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special report, provided that such parties shall have duly Chapter

XXVIII. deposited a statement (which is to be strictly confined to the points reported upon by the Examiner) of the facts to be submitted to the committee. In practice, the agents of the parties are invariably heard on their statements by the standing orders committee in the Lords; but, under the standing order, no party is to be allowed to travel into

any matter not referred to in his statement. Other In addition to the standing orders already proved before standing orders to the Examiners prior to the introduction of the bill, there be proved

are certain other orders, with which compliance is proved in certain

at a later period before the Examiner, who in all cases
reports whether they have or have not been complied with.
They relate to particular classes or descriptions of bills,

and will be stated as they respectively apply to each.
The The order commonly known as “The Wharncliffe
cliffe

Order " originated in the House of Lords in 1846, and was
Order." adopted by the House of Commons in 1858. It has often
S. 0. 62-

been amended, and now, divided into several orders, it
appears, mutatis mutandis, in the standing orders of both

houses as Nos. 62 to 66, which briefly are as follow:-
Meeting of By standing order No. 62, in the case of a bill promoted
in case 018 by a company already constituted by Act of Parliament,

proof is to be given before the Examiner that the several promoted prou by existing requirements of the standing order relating to the meeting statutory company. of proprietors, and the approval of the bill by such proS. O. 62. prietors holding at least three-fourths of the paid-up capital

of the company, have been complied with. Meeting of By standing order No. 63, in the case of a bill promoted in the case by any company, society, association, or co-partnership of bills

formed or registered under the Companies Act, 1862, or by limited otherwise constituted (and not being a company to which companies,

the preceding order applies), proof shall be given before S. 0. 63.

1 Such statements are to be lodged : In the Lords, this proof is rein the office of the Clerk of the quired to be given before the second Parliaments, not later than three reading of the bill in that house; o'clock on the second day after the in the Commons, the bill is to be order for the meeting of the com. referred to the Examiner within five mittee is made; and, in all opposed weeks of his endorsement of the cases, they are to be printed,

petition for the bill.

of bill

promoted

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Chapter the Examiner” that the bill has been approved of by a
XXVIII.

majority of three-fourths in number and value of the
proprietors, and similarly by a separate class of proprietors
as distinct from the proprietors generally, so far as the
bill relates to such class. And under standing order and in the
No. 65, in the case of every bill brought from the other
house, in which provisions have been inserted in that when

originatHouse empowering or requiring any such company, &c., as ing, or

when is described in standing order No. 63–

materially

altered, in “to do any act not authorized by the memorandum and articles of the other association of such company, or other instrument constituting or house. regulating such company, society, association, or co-partnership, or S. 0. 65. authorizing or enacting the abandonment of the undertaking, or any part of the undertaking, of any such company, society, association, or co-partnership, or the dissolution thereof, or in which any such provisions originally contained in the Bill have been materially altered in that house-or by which any such powers are conferred on any company, society, association, or co-partnership not being the promoters of the bill ”

the same proofs as are mentioned in standing order
No. 63 are required to be given before the Examiner.
By standing order No. 64, in the case of every bill Meeting of

proprietors brought from the other house in which provisions have in the case been inserted in that house, empowering the promoters, bills origi

of certain being a company already constituted by Act of Parliament, nating, or

materially

altered, in “to execute, undertake, or contribute towards any work other than the other that for which it was originally established, or to sell or lease their House. undertaking, or any part thereof, or to enter into any agreements with S. 0.64. any other company for the working, maintenance, management, or use of the railway or works of either company, or any part thereof, or to amalgamate their undertaking, or any part thereof, with any other undertaking, or to purchase any other undertaking, or part thereof, or any additional lands, or to abandon their undertaking, or any part thereof, or to dissolve the said company, or in which any such provisions originally contained in the bill have been materially altered in that house-or in which any such powers are conferred on any company not being the promoters of the bill "

the Examiner shall report whether the consent of the
proprietors by a majority of three-fourths in number
and value has or has not been given to the bill.

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consent to subscr

tions to

Proof of And, by standing order No. 66—when any bill as intro- Chapter

XXVIII. o duced into Parliament, or as amended (or proposed to be

amended) on a petition for additional provision, contains
another
company. a provision authorizing any company to subscribe or

alter the terms of subscription towards, or to guarantee,
or to raise any money in aid of, the undertaking of another
company, proof is required before the Examiner that
the company so authorized has duly consented to such
subscription, &c., at a meeting of proprietors, subject
to the same provisions as the meeting directed to be held
under order 64: but where such consent has been given,
the bill in respect of such provision need not be sub-
mitted to the approval of a meeting to be held in accord-

ance with that order.2
Certain Under standing order No. 67—when a railway bill
railway
bills to be contains a provision by which payments are charged
submitted a
to rating

on the poor rate or any other local rate in Ireland,
authorities it is to be submitted (after due notice to the county
in Ireland.
S. 0. 67 council, or other authority empowered to make such
(of both
Houses).

rate, and approved by them; and under the correspond-
ing standing order of the Commons, proof of compliance
with these requirements is to be given before the Examiner
within five weeks of his endorsement of the petition for

the bill.
S. 0. 68 Standing order No. 68 (of both houses) provides that,
(of both
Houses).

“When in any bill,” brought from the other house, “ for the purpose of establishing a company for carrying on any work or undertaking, any person is specified as manager, director, proprietor,

In cases where the provision holding of a poll if demanded, the described is contained in the bill as use of proxies and other matters for introduced into Parliament, this the conduct of the proceedings at proof is required, in the Lords, the meetings, and the record of the before the second reading of the bill result; and by these requirements in that house, and, in the Commons, the interests of every class of the within five weeks of the endorse- proprietary are secured. And under ment by the Examiner of the peti. standing order 74, which corresponds tion for the bill.

to standing order 75 of the Commons 2 These " Wharncliffe" standing (supra, p. 700), proprietors, &c., disorders, Nos. 62 to 66, contain special senting under standing orders 62-66, requirements with regard to the shall be permitted to be heard upon notice to be given of meetings, the memorial before the Examiners.

Chapter or otherwise concerned in carrying such bill into effect, proof shall be
XXVIII. required before the Examiner that such person has subscribed his

name to the petition for the bill, or to a printed copy of the bill, as
brought up to this house."

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local bill.

And, as already described, compliance has also to be S. 0. 61

and 60 proved with standing order No. 61 (which is identical in (of both both houses), in the case of particular bills brought from the other house, in which certain alterations have there been made ;1 and with standing order No. 60, which is also the same in both houses and which relates to the deposit with various departments, at a prescribed time, of every bill brought from the other house.

These are the several standing orders of the Lords with which compliance must be proved before the Examiner. Other standing orders will be referred to in describing the further stages of bills.

No local bill is to be read a first time until the examiner First and has certified compliance with the standing orders, and no reading of such bill originating in the Lords is to be read later than loc

S. O. 86a. three clear days after such certificate. No local bill brought from the Commons, is to be read a second time

im s. 0. 87. until after the certificate of the Examiner; nor after certain) dates (generally in June) determined by an order which is sessionally made. Bills affecting any charity or educa-ls. 0. 89. tional foundation in England or Ireland are not to be read a second time until the house has received a report from the attorney-general. And bills by which the maximum s. O. 90. rates on a railway are to be increased are not to be read

133B. a second time “until a report thereon from the board of trade has been laid upon the table.” No local bill, origi- S. 0.91. nating in the House of Lords, is to be read a second time earlier than the fourth day, nor later than the seventh day, after the first reading, except in certain cases mentioned in standing order No. 91. No petition, praying to be heard upon the merits, Petitions

against against any local bill brought from the House of Commons, local bills,

when to be · Supra, pp. 724-5.

* 137 L. J 67; &c.

presented. ? Supra, p. 755.

S. 0. 93.

for additional

ment.

will be received unless it be presented by being deposited Chapter

XXVIII. in the Private Bill Office, before three o'clock in the after

noon, on or before the seventh day after the first reading. S. 0. 92. In the case of bills originating in the House of Lords,

petitions are to be presented on or before the 19th

February.
Petitions No petition for additional provision is to be presented

without the sanction of the chairman of committees; and provision, no such petition will be received in the case of a bill S. 0. 94.

brought from the House of Commons.
Second The second reading of a local bill is in most cases
reading and
commit- formal, and does not, as in the case of public bills, affirm

the principle of the bill, which may therefore be called in
question before a committee. The second reading is

followed by the commitment.
Commit- Every opposed local bill is referred to a select com-
posed bills. mittee of five, selected by the committee of selection.
S. 0.96. Lords are exempted from serving on the committee
S. 0. 98.

of any bill in which they are interested, and may
be excused from serving for any special reasons to
be approved of, in each case, by the house. On the
2nd April, 1868, it was resolved that the absence
of any lord, except on sufficient reason, ought not to
prevent the committee of selection from calling for his

services.
Committee The committee of selection consists of the chairman of

*. committees and four other lords named by the house. S. 0. 97.

They not only select and propose to the house the names
of the five lords who are to form the select committee for
tbe consideration of an opposed local bill or provisional
order bill; but also appoint the chairman of such com-
mittee, and name the bill or bills to be considered on the
first day of meeting of the committee.

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