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Other standing orders to be proved

in certain cases.

The
"Wharn-

cliffe Order."

S. O. 6266.

Meeting of

proprietors
in case
of bill

promoted

XXVIII.

special report, provided that such parties shall have duly Chapter
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.1 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.

In addition to the standing orders already proved before
the Examiners prior to the introduction of the bill, there
are certain other orders, with which compliance is proved
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 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
association of such company, or other instrument constituting or
regulating such company, society, association, or co-partnership, or S. O. 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 pro-
visions originally contained in the Bill have been materially altered in
that house-or by which any such powers are conferred on any com-
pany, 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 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
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. O. 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.

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. O. 67
(of both
Houses).

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
use of proxies and other matters for
the conduct of the proceedings at
the meetings, and the record of the
result; and by these requirements
the interests of every class of the
proprietary are secured. And under
standing order 74, which corresponds
to standing order 75 of the Commons
(supra, p. 700), proprietors, &c., dis-
senting under standing orders 62-66,
shall be permitted to be heard upon
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."

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.

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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
London, Chatham, and Dover Rail-
way Companies (Arbitration) Bill,
18th May, 1885, 298 H. D. 3 s.
650.

100 L. J. 103.

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