Chapter
XXVII.

In case a bill should not be proceeded with in the Lords, in consequence of amendments having been made which infringe the privileges of the Commons, the same proceedings are adopted as in the case of a public bill, and the bill is laid aside. A committee is appointed to search the Lords' Journals, of which previous notice is to be given by the agent, in the Committee Clerks' Office; and on the report of the committee, another bill (No. 2) will be ordered, including the amendments made by the Lords.

to pass

one stage

Every stage of a private bill in the Commons has now No bill been described, with the several standing orders and pro- through ceedings applicable to each. In conclusion, it may be more than added: 1. "That no private bill may pass through two in a day. stages on one and the same day, without the special leave S. O. 223. of the house;" and 2. "That, except in cases of urgent Motions to and pressing necessity, no motion may be made to dis- with standpense with any sessional or standing order of the house, ing orders. without due notice thereof."

dispense

S. O. 224.

orders

In the case of some bills-more especially those that Standing are brought from the other house at a late period of the suspended. session-it has been found necessary to suspend the standing orders and to permit them to proceed without the usual intervals and notices.

pended, and

another

Where a dissolution of Parliament is anticipated before Bills susthe private business of the session has been disposed of, proceeded it has been customary for both houses to make orders with in enabling the promoters of private bills to suspend further session. proceedings, and to afford facilities for their proceeding further with the same bills in the next session.2

In a similar manner orders have also been made, late

1 Cf. the Provident Life Assurance Company Bill, and the Imperial Fire Assurance Company Bill, 1889 (which, as brought from the Lords, contained clauses dealing with the stamp duty), 144 C. J. 304. 316. See also supra, pp. 307. 5745, and p. 576, note.

2 1859, 91 L. J. 176. 207 (8th and

14th April), and 114 C. J. 165 (11th
April); 1880, 112 L. J. 102 (16th
March), and 135 C. J. 95 (11th
March); 1886, 118 L. J. 291 (21st
June), and 141 C. J. 280 (17th
June); 1892, 124 L. J. 351 (21st
June), and 147 C. J. 379 (20th
June); 1895, 127 L. J. 253 (4th
July), and 150 C. J. 312 (2nd July).

in a session, in order that particular bills might be suspended and proceeded with in the next session of the same Parliament.1

1 Tramways (Metropolis) Bills, 1871; General Power Distributing Company Bill, 1898; Brompton and Piccadilly Circus Railway, and

other London Underground Rail-
ways, Bills, 1901; Leeds Corpora-
tion (Consolidation) Bill, 1904, &c.

Chapter XXVII.

Chapter XXVIII.

Table of Contents, see Introduction.

CHAPTER XXVIII.

COURSE OF PROCEEDINGS IN THE LORDS UPON PRIVATE

(LOCAL) BILLS.

bills in

as "Local"

the or as "Per

ALL private bills, during their progress in the Commons, Private
are known by the general denomination of private bills: Lords: dis-
but in the Lords the several bills, which are divided into tinguished
the first and second class, are now distinguished, in
standing orders of that house, as "Local" bills; and
estate, divorce, naturalization, name, and other bills not
specified as Local bills are termed "Personal" bills.

Formerly, the only private bills which could originate
in the Lords were those which did not concern rates, tolls,
or duties. But the convenient relaxation in the privileges
of the Commons (see p. 708), and the desire to equalize
the pressure of private business upon the two houses, have
led to the present arrangement-for introducing as near as
may be half of the private bills of each session, in the first
instance, into the House of Lords. This arrangement, and
the manner of determining in which house each private
bill shall originate, have already been described.1 Private
bills which have always been first brought into the Lords
are estate, naturalization, name and divorce bills, and
such as relate to the peerage. They are "Personal bills,"
however; and the proceedings on these bills will form the
subject of the next chapter.

sonal."

bills:

In the present chapter it is proposed to follow the pro- Local ceedings in the Lords on "Local" bills, whether] com- the two mencing in that house or brought from the Commons; classes. the bills so specified in the Lords being those which by standing order No. 1 are divided into the two classes already so often referred to.2

S 0. 1.

Deposit of petition for bill not re

quired except in

certain cases.

XXVIII

A local bill is presented to the House of Lords without Chapter the preliminary petition which is required for the introduction of a private bill in the House of Commons; except when the promoters of a bill have failed to make the necessary deposits within the time limited by the standing S. O. 86. orders. In this case a petition, with a copy of the bill annexed thereto, is presented to the house, and they are together referred to the Examiner, who reports to the house that the standing orders have not been complied with, and the standing orders committee, to whom the report is referred, decide whether the circumstances of the case are such that the standing orders may be dispensed with and leave be given to introduce the bill.1

Deposit of bill.

S. O. 32.

S. O. 70.

S. O. 73. 74. 77.

S. 0.76.

78.

A printed copy of every local bill, proposed to be intro-
duced into either house, is required to be deposited in the
Office of the Clerk of the Parliaments, on or before the
17th December.

Proceed- The examination of the bills so deposited is to commence
ings before
the on the 18th January. Any parties may appear before the
Examiners. Examiners and be heard, by themselves, their agents and
witnesses, upon a memorial addressed to the Examiner,
under precisely the same conditions as in the Commons.
The Examiner certifies whether the standing orders have
or have not been complied with; and when they have not
been complied with, he certifies the facts upon which his
decision is founded, and any special circumstances con-
nected with the case; and his certificate is deposited in
the Office of the Clerk of the Parliaments. If the Examiner
feels doubts as to the due construction of any standing
order, he may make a special report, which will accompany
his certificate. By these arrangements the proofs of all
the requirements of the standing orders which are to be
complied with, prior to the introduction of the bill into
either House of Parliament, are taken before the bill is
brought into the House of Lords.

1 Darien Gold Mining Company's Bill, 1905, 137 L. J. 46. 52, 55, 60. 62. Cf. also Richardson and Co. (Warrants) Bill, 1890; Werm's and

Balé's Patent Bill, 1891; Portsea
Island Building Society Bill, 1893.
2 Supra, Chapter XXVI.

XXVIII.

Chapter Every local bill brought from the Commons, is referred, S. O. 70A. after the first reading, to the Examiners, before whom compliance with such standing orders as have not been previously inquired into is proved. Petitions for addi- s. o. 71. tional provision, in private bills originating in the House of Lords, are referred to the Examiner, and he is to report to the house in respect of all standing orders which would have been applicable in the case of a bill. The Examiner gives two clear days' notice of his ex- S. O. 72. amination, either of a bill or of a petition for additional provision; and memorials in respect of any bill referred to the Examiners after first reading, or of any petition for additional provision,2 are to be deposited, with two copies, in the Clerk of the Parliaments' Office, before twelve o'clock on the preceding day.

75.

All certificates of the Examiners, after being deposited S. 0.79. (p. 840), are laid upon the table of the house the first day on which the house next sits.

orders

82.

The standing orders committee is appointed at the com- Standing mencement of every session, and consists of forty lords, committee. besides the chairman of committees of the House of Lords, S. 0. 80who is always chairman of the standing orders committee. Three lords, including the chairman, are a quorum; and three clear days' notice is to be given of the meeting of the committee.

84.

Every certificate from the Examiners, stating that the S. O. 83– standing orders have not been complied with, or any special report made by them, is referred to this committee, who report whether the standing orders ought to be dispensed with, and upon what terms and conditions, if any. But, unlike the corresponding committee in the Commons,3 s. 0. 85. this committee in the Lords are specially empowered by standing order (No. 85) to hear the parties affected by any standing order referred to in the Examiner's certificate or

1 Cf. infra, p. 846. Where the provisions sought to be inserted were comprised in the original notices, but were not contained in the bill as introduced into Parlia

ment, the original notices are not
held to apply to them.

2 Cf. supra, p. 701.
3 Supra, p. 717.