XXVII. Chapter instruction was given directing the committee on the North East London Railway Bill to hear the promoters of another scheme who had deposited a petition against the bill, and whose locus standi was about to be contested before the referees.1 house to On the 17th May, 1849, a petition from the attorney- Petition specially general against a private bill was brought up, and read; referred by and it being stated that it was essential to the public private bill interests that it should be referred to the committee on the committee. bill, the standing order requiring all such petitions to be deposited in the Private Bill Office, was read, and suspended, and an instruction given to the committee to entertain the petition.2 bills con The general rules as to petitions against private bills Private and as to the locus standi of petitioners having been sum- sidered in marized, the proceedings of committees on private bills— both opposed and unopposed-may now be described. committee. bills. In the case of opposed private bills, the agent for each Opposed petition against a bill must be prepared with a certificate Appearfrom the Private Bill Office of his having entered an ances on petitions. appearance upon the petition. This document is delivered to the committee clerk on the first day on which the bill is set down for consideration by the committee; and, unless it be produced, the petition will be entered in the minutes as not appeared upon.1 tioners to a general locus standi 1 160 C. J. 231. Cf. also the 2 104 C. J. 302. 3 See supra, p. 710 (paragraph 8) and infra, p. 806. • Minutes of committee on Pontypool Gas and Water Bill, 1890. For cases where an appearance has been allowed to be entered, although not 3 offered at the proper time, see infra, On the 23rd May, 1848, a petition Copies of the "filled up" bills, and printed copies of the petitions against 4 XXVII Under Standing Order No. 137, as already described,' Chapter copies of the bill as proposed to be submitted to the committee, are to be laid, duly signed, by the agent before each member, at the first meeting of the committee. On the 16th February, 1865, it was ordered "that on bills, to be every private bill to be considered by a committee of this laid before house, all petitions which stand referred to such committee, if not previously withdrawn, be printed at the expense of the petitioners, and copies of such petitions, together with a copy of the bill to be considered, be delivered to each member of the committee on the morning of its first sitting." committee. Order in are con committee 2 The committee on each group of bills is to take first into which bills consideration the bill or bills named by the committee of sidered by selection or the general committee; and is to appoint the on a group day on which they will consider each of the other bills, of opposed and on which they will require the parties promoting and S. O. 125. opposing to enter appearances; and the committee clerk bills. When opposed bills become is to give at least two clear days' notice of such appoint- If no parties appear on the petitions against an opposed unopposed. against the Bolton-le-Sands, &c., S. O. 136. Reclamation Bill, having failed to enter an appearance, presented a petition that he should be heard on his former petition when the bill was recommitted, and this petition for leave to be heard was referred by the house to the committee on the recommitted bill (129 C. J. 201). Supra, p. 755. 2 120 C. J. 69. 3 Before this arrangement was made, in 1849, all the parties con cerned in the various bills comprised Minutes of Committees, 1856, XXVII. Chapter bill, or, having appeared, withdraw their opposition before the evidence of the promoters is commenced, the committee is required to refer the bill back, with a statement of the facts, to the committee of selection-or, if a railway or canal bill, to the general committee-who deal with it as an unopposed bill. And, on the other hand, where the When unchairman of ways and means informs the house that any bills to be opposed unopposed bill should, in his opinion, be treated as opposed,1 treated as it is again referred to the committee of selection, or the s. 0.83. general committee, and dealt with accordingly; or in some cases where the bill has been one of a group of opposed bills and the opposition has been withdrawn-an instruction has been given to the committee on the group to sit and proceed with the bill.8 2 opposed. mittee on bills. and pro The constitution of the committee on unopposed bills The comhas already been described: but a short reference to their unopposed functions will be convenient in this place, before proceed- s. O. 109. ing to describe the orders of the house which apply equally 104. to committees on opposed and on unopposed bills. The Its duties committee consider the preamble and all the provisions of ceedings. a bill referred to them, and take care that they are conformable to the standing orders. The chief responsibility is imposed upon the chairman of ways and means, who is ex officio chairman of the committee when present, and who, being an officer of the house as well as a member, is entrusted, as already stated, with the special duty of examining, with the assistance of Mr. Speaker's counsel, every private bill, whether opposed or unopposed. Although there are no opponents of the bill before the committee, 1 Cf. supra, p. 753. 2 Liverpool, &c., Insurance Company's Bill, 1889 (144 C. J. 305); Great Indian Peninsula Railway Company Bill, 1900 (155 C. J. 281); York Corporation, West Ham Corporation, and Bradford Corporation, Bills, 1902 (157 C. J. 174. 215. 248); and Bootle Corporation Bill, 1905 (160 C. J. 199). Similar reports by Deputy chairman:-Birkenhead, Preston, Salford, Eastbourne, Rath- 3 Kings Lynn Gas Bill, 1870 (125 5 Supra, p. 707. Provisions to be inserted in bills. Orders relating to all com private XXVII. the promoters have to prove the preamble, to the satisfac- Chapter It is the duty of every committee to take care that the several provisions required, by the standing orders of the house, to be inserted in private bills, are included in them wherever they are applicable.1 Whether the bill be opposed or unopposed, there are various orders of the house which are binding upon the mittees on committee on every private bill, and others which relate only to particular classes or descriptions of bills. It is opposed or proposed to state these in their order; and afterwards to unopposed. describe the ordinary forms observed in the hearing of bills whether Reports from public departments to parties, their counsel or agents, the settlement of the All reports made under the authority of any public 1 On the 4th May, 1906, in the case of the Mid-Oxfordshire Gas Bill, the committee, after the hearing of the evidence, announced that they considered the finance of the bill so unsatisfactory that, on grounds of public policy, they declared the preamble of the bill not proved (vide minutes of committee); and they reported accordingly to the house. 2 Waterford and Limerick Railway Bill, and South Eastern Railway (3 and 4 shares) Bill, 1850 (105 C. J. 133. 281); Chard Railway Bill, 1853 (108 ib. 587); South Lincolnshire A similar report from the com- 3 Supra, pp. 746–7.789, and stand. ing orders 83 and 209. This is effected in some cases by the incorporation of General Acts. XXVII. mittee. Chapter department upon a private bill, on being laid before the be referred house, stand referred to the committee on the bill; and to comwhenever any recommendation has been made in such a s. O. 212. report, the committee are required to notice it in their report, and to state their reasons for dissenting, should such recommendation not be agreed to.1 150. documents, &c., referred. On the 10th May, 1858, a report and correspondence with Other the office of works and public buildings were referred to Minutes of the committee on the Victoria Station and Pimlico Railway evidence, Bill; and the committee reported that they had made specially provision, requiring that the approval of the first commissioner of works should be given to a certain portion of the work.2 The Minutes of evidence taken before committees on bills, in former sessions, are frequently referred to committees on bills.3 deciding questions All questions before committees on private bills are Method of decided by a majority of voices, including the voice of the chairman; and whenever the voices are equal, the chairman in private has a second or casting vote. bill committees. S. O. 125. Names of entered in The names of the members attending each committee are entered by the committee clerk in the minutes; and when members a division takes place, the clerk takes down the names of minutes. the members, distinguishing on which side of the question they respectively vote; and such lists are to be given in, with the report, to the house. S. O. 139. The committee are precluded from examining into the Proof of 1 More particular orders have also been given by the house, directing the board of trade to present a report upon the railway and canal bills, or upon the harbour, &c., bills of a session (112 C. J. 128; 117 ib. 42, &c.); or upon certain railway bills only (122 C. J. 23, 102, 110; 128 ib. 222, &c.). Latterly, a copy of the report of the board of trade, upon all the railway, canal, tramway, harbour and tidal waters, electricity, gas, and water bills, and provisional orders of the session, has been ordered each session to be laid before the house (132 C. J. 4; 160 ib. 32). And in pursuance of standing orders, presently to be 2113 C. J. 161, 166. On the 19th 3112 C. J. 156, 173, 205, 235; 117 ib. 267; 122 ib. 218. 221; 146 ib. 218; 155 ib. 289, &c. Evidence of committee of current session referred, 100 ib. 536. compliance |
