Other standing orders to be proved in certain cases. The cliffe Order." S. O. 6266. Meeting of proprietors promoted XXVIII. special report, provided that such parties shall have duly Chapter In addition to the standing orders already proved before The order commonly known as "The Wharncliffe Order" originated in the House of Lords in 1846, and was adopted by the House of Commons in 1858. It has often 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: By standing order No. 62, in the case of a bill promoted by a company already constituted by Act of Parliament, proof is to be given before the Examiner 2 that the several by existing requirements of the standing order relating to the meeting 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. statutory company. Meeting of members in the case By standing order No. 63, in the case of a bill promoted by any company, society, association, or co-partnership of bills formed or registered under the Companies Act, 1862, or promoted by limited otherwise constituted (and not being a company to which &c. the preceding order applies), proof shall be given before companies, S. 0.63. 1 Such statements are to be lodged in the office of the Clerk of the Parliaments, not later than three o'clock on the second day after the order for the meeting of the committee is made; and, in all opposed cases, they are to be printed. In the Lords, this proof is required to be given before the second reading of the bill in that house; in the Commons, the bill is to be referred to the Examiner within five weeks of his endorsement of the petition for the bill. XXVIII. Chapter the Examiner that the bill has been approved of by a 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 house, in which provisions have been inserted in House empowering or requiring any such company, &c., as ing, or is described in standing order No. 63 case of other such bills that when originat when materially altered, in house. "to do any act not authorized by the memorandum and articles of the other the same proofs as are mentioned in standing order 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 origibeing a company already constituted by Act of Parliament, of certain materially altered, in "to execute, undertake, or contribute towards any work other than the other the Examiner shall report whether the consent of the 1 See note 2, p. 842. Proof of consent to subscriptions to another S. 0.66. XXVIII. And, by standing order No. 66—when any bill as intro- Chapter duced into Parliament, or as amended (or proposed to be amended) on a petition for additional provision, contains 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 required1 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 submitted to the approval of a meeting to be held in accordance with that order.2 Certain railway submitted to rating Under standing order No. 67-when a railway bill bills to be contains a provision by which payments are charged on the poor rate or any other local rate in Ireland, authorities it is to be submitted (after due notice) to the county council, or other authority empowered to make such rate, and approved by them; and under the corresponding 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. in Ireland. S. 0.68 (of both Houses). Standing order No. 68 (of both houses) provides that— "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 described is contained in the bill as introduced into Parliament, this proof is required, in the Lords, before the second reading of the bill in that house, and, in the Commons, within five weeks of the endorsement by the Examiner of the petition for the bill. 2 These "Wharncliffe" standing orders, Nos. 62 to 66, contain special requirements with regard to the notice to be given of meetings, the holding of a poll if demanded, the 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." and 60 houses). And, as already described, compliance has also to be S. O. 61 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; 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.2 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. second S. 0.86A. S. 0.87. 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 local bill. three clear days after such certificate. No local bill brought from the Commons, is to be read a second time until after the certificate of the Examiner; nor after certain) dates (generally in June) determined by an order which is sessionally made.3 Bills affecting any charity or educa-s. O. 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. 0. 90. S. 0.90. 133B. rates on a railway are to be increased are not to be read 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 any local bill brought from the House of Commons, local bills, 1 Supra, pp. 724-5. 2 Supra, p. 755. against when to be presented. S. O. 93. XXVIII. will be received unless it be presented by being deposited Chapter in the Private Bill Office, before three o'clock in the afternoon, on or before the seventh day after the first reading. S. O. 92. In the case of bills originating in the House of Lords, petitions are to be presented on or before the 19th February. Petitions for additional 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 brought from the House of Commons.1 S. O. 94. Second reading and commitment. Commit The second reading of a local bill is in most cases 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. Every opposed local bill is referred to a select composed 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.3 Committee S. O. 97. The committee of selection consists of the chairman of ofselection. committees and four other lords named by the house. They not only select and propose to the house the names of the five lords who are to form the select committee for the consideration of an opposed local bill or provisional order bill; but also appoint the chairman of such committee, and name the bill or bills to be considered on the first day of meeting of the committee. 1 Cf. also standing order 147 as to the printing of petitions for additional provision, of petitions against bills, and of petitions against alterations. 2 See debate on motion to re commit the South-Eastern and 100 L. J. 103. |