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Private

bills re

XXVII.

committee of selection; and, under a more or less similar Chapter
order, this "Police and Sanitary" Committee has been
annually appointed since 1886 except in 1901 and 1902.2
Its duties are detailed later (p. 805).

In the session of 1873, pursuant to the recommendation
ferred to a of a joint committee of 1872, those railway and canal bills
joint com-
which contained certain powers, of transfer and amalgama-
mittee.
tion, were committed to a committee of three members to be
joined by a committee of three lords. In this case the
standing orders relating to the constitution of committees
upon private bills were suspended; and the ordinary rules
of locus standi1 were superseded by a general order, refer-
ring to the committee all petitions against the bills, which
prayed to be heard, up to the date of the order. The
standing order No. 124, which gives a second or casting
vote, was also suspended, in order that the rule of the
Lords, "semper præsumitur pro negante," might be adopted.5
With regard to any private bill which-in variance
of meeting from the ordinary rule-is not referred to the com-
mittee of selection or the general committee, the clerk of
the committee to which it is referred gives at least four
clear days' notice to the Private Bill Office of the day and
hour appointed for the first meeting of the committee on
such meet- the bill if it is an opposed bill, and one clear day's notice
8. O. 236. if the bill is an unopposed or recommitted bill; and if this
meeting be postponed he gives immediate notice of such

Notices to

be given

of com

mittee on private

bill; and

of any postponement of

ing.

1 137 C. J. 98.

In these two sessions opposed
"Police and Sanitary" Bills were
dealt with by two Private Bill Com-
mittees, unopposed bills of the same
character being considered by the
Committee on Unopposed Bills.
3 128 C. J. 179.

Infra, pp. 760. 786.

$ 128 C. J. 209, and see supra, pp. 411. 423.

In 1900 the Dublin Corporation Bill and the Clontarf Urban District Council Bill (both orginating in the Commons) were committed to a select committee of four members nominated by the committee of selection to be joined with

a committee of four Lords (155 C. J.
141). And in the same year certain
railway bills originating in the
Lords were similarly referred after
their second reading in that house
to a joint committee of the same
numbers, the Commons members
being similarly nominated by the
committee of selection (Railways
(Ireland) Amalgamation Bills, 1900,
155 C. J. 129. 141. 165. 172. 321.
334).

Cf. supra, p. 421 (as to joint com-
mittees); and infra, p. 892, n. (Pro-
visional Order Bills) and XXXI.
(joint committee under the Private
Legislation Procedure (Scotland)
Act, 1899).

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XXVII.

Chapter postponement. Precisely similar notices are given to the Private Bill Office by the clerk of the committee of selection or the general committee with regard to every private bill referred (as is the ordinary rule with all except Divorce bills) to one or other of these two committees.

"Filled.

vision by

Before the sitting of the committee on a private bill, The some important proceedings are necessary to be taken by up" bill the promoters. The agent is required to deposit in the to be deposited. Private Bill Office a "filled-up" bill, signed by himself, as s. O. 237. proposed to be submitted to the committee, two clear days before the meeting of the committee; and a copy of the proposed amendments is to be furnished by the promoters to such parties petitioning against the bill as shall apply for it, one clear day before the meeting of the committee.1 Under standing order No. 80, as already described (supra, Superp. 707), it is the duty of the chairman of ways and means the chairto examine all private bills, whether opposed or unopposed, man of Ways and with the assistance of the counsel to Mr. Speaker, and to Means. call the attention of the house, and also, if he think fit, of S. O. 80. the chairman of the committee on every opposed private bill, to report to all points which may appear to him to require it; and special under standing order No. 83 he is at liberty, at any period stances, or after a bill has been referred to a committee, to report any unopposed special circumstance regarding it, or to inform the house be treated that any unopposed bill should be treated as an opposed as opposed. bill. To facilitate this supervision, the agent is not only Copies of required to lay copies of the original bill before the chair- the Filledman of ways and means and the Speaker's counsel as up bill to already described (see p. 707); but two clear days before before the day appointed for the consideration of the bill by a committee, copies of the bill, as proposed to be submitted

In 1845 certain committees upon bills reported that no filled-up bill had been deposited by the agent as required, and that the committee had therefore declined to proceed with the bill, and had instructed the chairman to report the circumstance to the house (100 C. J. 261. 302). In these cases the practice

has been to revive the committees,
and to give them leave to sit and
proceed on a certain day, provided
the filled-up bill shall have been
duly deposited (100 C. J. 302. 304).

Cf. also the objection raised re-
garding the "filled-up" bill in the
case of the Truro, &c., Railway Bill
(Group 2, April 18th), 1894.

His power

circum

that an

bill should

S. 0.83.

be laid

him.

S. 0.82.

the chairman of

com

mittees,

Lords.

Amend

ments pro

XXVII.

And before to the committee, must be laid before the chairman and Chapter counsel, duly signed, by the agent. In the House of Lords, copies of the bill, as proposed to be submitted House of to the committee on the bill in the Commons, are also laid before the Lords' chairman of committees and his counsel; and a simultaneous examination of the bill is consequently proceeding in both houses. Amendments ments sug gested or are suggested or required by the authorities in both required houses, which are either agreed to at once by the proby these authorities. moters, or after discussion are insisted upon, varied, Amend- modified, or dispensed with. The promoters are similarly posed, and in frequent communication with public boards or governsupervision, by ment departments, who, again, are in communication public dewith the chairman of ways and means and the Lords' partments. chairman of committees. Thus, the Board of Trade assist in the revision of bills relating to railways, tramways, electric lighting, patents, weights and measures, tidal waters, harbours, docks and shipping, and other matters connected with the general business of that department-suggesting such amendments as they think necessary for the protection of the public, or for the saving of private rights. Where there are naval dockyards in any harbours, ports, or estuaries, the Admiralty may reserve its jurisdiction, and require protective clauses to be inserted; or may withhold the consent of the Crown to the execution of the proposed work. Where Crown property is affected, the Commissioners of Woods, who may give or withhold the consent of the Crown, have the bill submitted to them, and insist upon the insertion of protective clauses, or the omission of objectionable provisions. Bills promoted by local authorities for the improvement and sewerage of towns, and for the supply of gas and water, receive consideration by the Local Government Board. And in case a bill should affect the public

1 See S. O. (H. L.), No. 140B.

2 Where a bill comes within the provisions of the Preliminary Inquiries Act, 1851 (14 & 15 Vict. c. 49; amended by the Harbour

Transfer Act, 1862, 25 & 26 Vict. c.
69), amendments are introduced in
compliance with reports from the
Board of Trade.

The powers of the Secretary of

XXVII.

ments pro

promoters.

Chapter revenue, similar communications will be necessary with the Treasury, and other revenue departments. Under the standing orders, Nos. 33 and 60, of both houses,1 copies S. 0.33 & 60 (of both of all private bills have to be laid before the Treasury, houses). the Local Government Board, and the Post Office; and the different other departments with whom various private bills must be similarly deposited-and the time for such deposit are set out in detail in those orders. Before the And meeting of the committee on a private bill, the promoters amend also, by proposing amendments of their own, endeavour to posed by conciliate parties who are interested, and to avert opposition. When the amendments consequent upon these various Limits to proceedings have been introduced, the printed bill, with all amendthe proposed amendments and clauses inserted, in manu- ments script, is in a condition to be submitted to the committee: ting of the but care must be taken, in preparing these amendments, that they are within the "order of leave," 2 that they involve no infraction of the standing orders, and are not excessive in extent. Where it was proposed to leave out the greater part of the clauses in the original bill, and to insert other clauses, the chairman of ways and means submitted to the house that the bill should be withdrawn.4

such

before sit

committee.

of com

At the first meeting of every committee on a private bill At First copies of the bill as proposed to be submitted to them must Meeting be laid, duly signed, by the agent, before each member of mittee, the committee.

of

copies of bill to be laid before members.

No committee on an opposed private bill, or group such bills, can proceed to business until the required s. O. 137. declaration has been signed by each of the members.

State in such cases were transferred,
by the Local Government Act, 1871,
to the Local Government Board.

1 Proof of compliance with these
orders has to be given before the
Examiners.

2 See supra, p. 715.
3108 C. J. 406.

Bristol Parochial Rates Bill,
1845; Porthleven Harbour Bill, 1869.
Supra, p. 747.

109 C. J. 207; Suppl. to Votes,

If In com

mittees
on opposed

1854, pp. 605-6; 117 C. J. 258, &c. bills,

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And members

not to absent themselves.

2

XXVII.

a member who has signed this declaration should sub- Chapter sequently discover that he has a direct pecuniary interest in a bill, or in a company who are petitioners against a bill, he will state the fact to the committee, and will be discharged by the house, or by the committee of selection, Quorum to from further attendance. When all the members have be always present. signed the declaration, the committee may not proceed if S. O. 118. more than one of the members be absent, unless by special leave of the house; but no member of a committee on an opposed private bill may absent himself, except in case of sickness, or by order of the house. Members not present S. O. 119. Within one hour of the time of meeting, or absenting themMembers selves, are reported to the house at its next sitting, when reported. they are either directed to attend at the next sitting of the S. O. 122. committee, or, if their absence has been occasioned by 4 sickness, domestic affliction, or other sufficient cause, they Proceeding are discharged from further attendance. If at any time if quorum more than one of the members be absent, the chairman not suspends the proceedings, and if, at the expiration of an S. O. 121. hour, more than one member be absent, the committee is adjourned to the next day on which the house shall sit,

absent

Excused,

&c.

suspended

present.

When

quorum cannot attend.

:

3

when it meets at the hour at which it would have sat if
there had been no such adjournment. If after a committee
has been formed, a quorum of members cannot attend, the

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ferred to them, although one of the
members of the committee (who
was reported absent) had failed to
sign his declaration, the house
ordered that the proceedings before
the committee should, notwith-
standing, "be deemed to be, and
be, valid" (155 C. J. 304. 305; 85
Parl. Deb. 4 s. 939).

1100 C. J. 386; 101 ib. 904;
104 ib. 357 (and Suppl. to Votes,
1849, p. 168); 105 C. J. 225 (and
Suppl. to Votes, 1850, p. 72); 106
C. J. 146 (and Suppl. to Votes,
1851, p. 312); 108 C. J. 518. 524
(and Suppl. to Votes, 1853, p. 777);
113 C. J. 200; 115 ib. 218; 147 ib.
398, &c.

2105 C. J. 418. (Leave given to a member to absent himself from a committee on a group of railway bills for one day on account of urgent business.)

3 155 C. J. 297. 305; 157 ib. 382; 158 ib. 197; 160 ib. 67; &c.; and cf. supra, p. 748, notes 3 and 4. In some cases no order has been made, 153 C. J. 183; 157 ib. 95; 159 ib. 97. 127, &c.; but cf. 68 Parl. Deb. 4 s. 24.

158 C. J. 95.

$ 160 C. J. 208. 217.

This is usually done by the Committee of Selection (supra, p. 749 and standing order 113) but occasionally by the house (110 C. J. 294; 112 ib. 168; 122 ib. 97, &c.).

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