Chapter In the case of Estate bills, the Lords, having power to Estate consult the judges in matters of law, order that— bills. Every petition for an Estate bill not approved by the High Court Petitions of Justice concerning estates in land in England shall, on presentation, for English estate bills be referred to two of the judges of the said court, who shall report to referred to the house under their hands, whether, presuming the allegations con- two of the tained in the preamble to be proved to the satisfaction of the lords judges. spiritual and temporal in Parliament assembled, it is reasonable that S. O. 153. the bill do pass into a law, and whether the provisions thereof are proper for carrying its purposes into effect, and what amendments, if any, are required therein; and in the event of their approving the bill, they are to sign a copy of the same, containing the required amendments (if any). 1 1 Irish estate 155. The orders respecting Scotch and Irish Estate bills are Scotch and somewhat different. In the case of Irish bills the re- bills. ference to judges is made only "if the petitioners for the S. O. 154. bill desire it and the chairman of committees so determine;" and in the case of both Scotch and Irish Estate bills the parties are heard, the evidence taken, and the consents to the bill and acceptances of trusts proved, before the judges to whom the bill is referred, instead of before the committee of the House of Lords. for estate The sessional order, already alluded to, fixing certain Petition dates after which no petitions for private bills will be bill. received, also contains a provision which refers to estate bills, and fixes a date after which no report from the judges upon a petition for a private bill will be received.3 No estate bill will be read a first time, until a copy of S. 0. 156. the petition and of the report of the judges has been delivered to the chairman of committees. 28th April, 1890, 122 ib. 238; Earl 1 Standing order dispensed with, 2 Supra, pp. 845. 856. 3 The order is not enforced where a peer is the petitioner, or if proceedings be pending in chancery, or if the bill has been rendered neces " sary by circumstances arising too Nor does the sessional order apply Notice of estate bill. Notice of an estate bill is to be given to every mort- Chapter S. 0. 157, gagee, before the second reading. Petitions estate bills. Petitions against estate bills are to be presented at such against times (and such proceedings are to be taken thereon), as S. O. 159. the chairman of committees shall, in each case, having regard to all the circumstances, direct. Committees on No committee is to sit upon any estate bill until estate bills. ten days after the second reading; and the several S. O. 158. proceedings of committees on estate bills-the consents 8.0.160- and acceptances of trusts, the evidence required, the 174. Estate bills in the provisions to be inserted, and other matters — are In the Commons an estate bill is referred after first Commons. reading to the Examiners; and the committee in that house have to report S. O. (H. Divorce bills. "If the bill contains provisions extending either the term or the area of any settlement of land." In regard to Divorce bills it may be said that applications for such Acts now come only from Ireland, where a divorce a mensâ et thoro can be obtained from the High Court of Justice, but not a dissolution of marriage enabling the parties to marry again. The facilities for a dissolution of marriage which are now given in England (by the Matrimonial Causes Act of 1857 and subsequent Acts), in India (by an Act of 1869), and in various parts of the British dominions, have rendered divorce bills unnecessary 1 Of these orders, standing orders Nos. 162 to 174 (which are concerned with consents and acceptance of trusts and with the evidence in proof of the bill) are specially made applicable, by standing order No. 148, to any part of any local bill which may be of the nature of an estate bill. 2 Before the year 1869, the courts in India (like the Irish court at the present day) had only power to decree a divorce a mensâ et thoro: but in that year, by Act No. IV. of 1869, s. 7, the high and district The last case of a divorce bill from XXIX. XXIX. Chapter in many cases where they were formerly applied for. The standing orders which both houses have retained in regard to divorce bills, however, relate to such bills generally. In the Lords, standing orders Nos. 175 and 176 provide Divorce that "No petition for any bill of divorce shall be presented to this house unless an official copy of the proceedings taken or had in the court having jurisdiction over matrimonial causes at the place of his domicile or residence,' or in some other court having jurisdiction in that behalf, at the suit of the party desirous to present such petition, be delivered upon oath at the bar of this house at the same time." And that bills in the Lords. S. 0.175. "No bill grounded on a petition to this house to dissolve a marriage S 0.176. for the cause of adultery, and to enable the petitioner to marry again, shall be received by this house unless a provision be inserted in such bill that it shall not be lawful for the person whose marriage with the petitioner shall be dissolved to intermarry with any offending party on account of whose adultery with such person it shall be therein enacted that such marriage shall be so dissolved: Provided that if at the time of exhibiting the said bill such offending party or parties be dead, such provision as aforesaid shall not be inserted in the bill." It should be stated, however, that the clause (against remarriage) inserted in the bill in pursuance of this order is always struck out in committee. Standing order No. 177 provides that "in any case in s. o. 177. which any trial at nisi prius has been had, or any writ of inquiry executed within the United Kingdom," wherein the petitioner for a divorce bill has been party, a report of these previous proceedings shall be laid before the house; and that, until this report has been laid, the bill is not to be read a second time. And standing order No. 178 con- . . 178. tains detailed provisions regarding the attendance and 1 Cf. the case of Malone's Divorce Bill, 1905, where the petitioner, a domiciled Irishman, had obtained a decree absolute in the Probate Division of the High Court in England, and, upon his applying afterwards for a divorce bill, the House of Lords permitted him to deposit Divorce bills in the S. O. (H. S. O. (H. C.) 190192. Divorce examination of the petitioner upon the second reading of Chapter the bill in the house. The distinctive proceedings as to the second reading and commitment of divorce bills in the Lords will be incidentally described later. All that need be said of divorce bills in the Commons is that at the commencement of each session a committee is nominated, consisting of nine members, of whom three are a quorum, and is denominated "the select committee on divorce bills." To this committee every divorce bill, after having been brought from the Lords and read the first and second time, is committed; and there are several standing orders, which need not be fully detailed, relating to the proceedings of the committee and the attendance before them of the petitioner for the bill.1 It may be stated, in regard to divorce bills, that when the adultery was alleged to have been committed in India, Act, 1820. depositions taken before the judges in India were admitted as evidence, and under the Act 1 Geo. IV. c. 101, when a warrant had been issued for the examination of witnesses, the proceedings upon the bill were not discontinued by any prorogation or dissolution of Parliament, until the examination had been returned: but "such proceedings might be resumed and proceeded upon in a subsequent session, or in a subsequent Parliament, in either house of Parliament, in like manner, and to all intents and purposes, as they might have been in the course of one and the same session."8 Naturali zation With regard to Naturalization bills, it is ordered that no bill for naturalizing any person born in any foreign territo be read tory shall be read a second time, until the petitioner shall bills: not a second time with out a cer On the 13th June, 1854, Berens' tificate, &c. divorce bill had been read a third S. O. (H. time and passed, when intelligence L.) 179. was received of the death of Mr. Berens, the petitioner for the bill. On the following day the proceedings upon the third reading were ordered to be null and void. Another day was named for the third reading, but the bill was sub- 2 See Munbee's Divorce Bill pre- 3 1 Geo. IV. c. 101, s 4. XXIX. XXIX. Chapter produce a certificate, respecting his conduct, from a secretary of state; and that no such bill shall be read a second time, unless the consent of the Crown has been previously signified. But certificates of naturalization being now granted by the secretary of state, under the public Acts relating to naturalization,1 these personal bills are no longer applied for, except in a few exceptional cases, where more extended privileges are sought than are granted under the general law, and especially the right of sitting in Parliament, which, though not especially conferred, has been given, in effect, by later naturalization Acts.2 personal No particular interval is enforced between the first and Second second readings of personal bills, and if printed copies of reading of the bill have been delivered, and the bill be unopposed, it bills. may be read a second time on any future day. If it be opposed upon its principle, this is the proper stage for taking the decision of the house upon it. It is not usual for petitions to be presented praying to Petitions be heard against any private bills on the second reading, second against except divorce or peerage bills-in which case, whether reading. there are opposing petitions or not, counsel are heard and witnesses examined at the bar, in support of the bill on the second reading. ment of bills. All the ordinary personal bills are referred to an open Commitcommittee, consisting, as already explained, of the chair- personal man of committees and such lords as think fit to attend, who inquire whether all the standing orders applicable to such bills, not already proved before the Examiner, have been complied with, and take care that the proper provisions are inserted. Unlike other private bills, divorce bills, instead of being committed to the chairman of committees or a select committee, are committed to a committee of the whole house. As to these Acts, see Report of the inter-departmental committee of 1901 on the law of Naturalization. Bishop of Jerusalem, 1846; Mr. Tufton, 1849; Giustiniani, 1857, 1860; Bolckow, 1868; Sir Richard Wallace, 1872; De Virte and Baron |