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Chapter prescribed for carrying the intentions of Parliament into
XXVII. effect. Some of these orders are not obligatory upon the

committee, provided they report to the house their reasons
for not enforcing them in any particular case. In other
cases, the house has not entrusted the committee with
discretionary powers: but committees have occasionally
exercised a discretion, subject to the approval of the house,
and have made special reports.1

to be

bills.

(3) There are also special clauses which are to be (3) Clauses inserted in every railway bill to which they are applicable. inserted in Where it is proposed to authorize the company to grant railway any preference or priority in the payment of interest or Protection dividends on any shares or stock, a clause is required to of existing preference be inserted, providing that the granting of such preference shares. shall not prejudice or affect any preference or priority in 8.0, 160 the payment of interest or dividends on any other shares or stock already lawfully subsisting; unless the committee report that such provision ought not to be required, with the reasons on which their opinion is founded.2

and 168A.

time for

of line.

In every railway, tramway, or subway bill providing for Limit of the construction of any new line, or for extending the time completion for the completion of a line already authorized, the S. O. 158 following provisions, founded upon the recommendation of and 1684. a joint committee of Lords and Commons in 1867, are to be inserted. (A) If such bill is promoted by an existing company which has a railway, tramway, or subway already opened for public traffic, and which during the last year

1 York and North Midland Railway Bill, 1850 (Suppl. to Votes, p. 59); Eastern Union Railway Bill, 1850 (ib. p. 113); Manchester, Sheffield, and Lincolnshire Railway Bills, 1850 and 1891 (Suppl. to Votes, 1850, p. 151; ib. 1891, p. 1607).

2 For cases in which such reasons have been given, see Eastern Counties Railway Bill, Suppl. to Votes, 1853, p. 158; Monkland Railways Bill, ib. 193; Great Northern Railway (No. 1) Bill, ib. 231; North British Railway Bill, ib. 287; Aberdeen Railway Bill, ib. 289; Great

Western (Henley, &c.) Bill, ib. 371;
Carlisle Railway Bill, ib. 515; York,
Newcastle and Berwick, &c., Bill,
ib. 585, &c.; South Eastern Rail-
way (Lewisham and Bromley) Bill,
Suppl. to Votes, 1854, p. 92; Great
Western (Shrewsbury and Birming-
ham, &c.) Bill, ib. p. 299; York,
Newcastle, and Berwick, &c., Bill,
ib. p. 387; Leeds Northern Rail-
way Bill, ib. p. 457.

3 The terms of the clauses to be
inserted are indicated at length in
the two standing orders (158 and
158A).

And security for com

pletion.

S. O. 158A

XXVII

has paid dividends upon its ordinary share capital and Chapter which does not seek in the bill to raise capital greater than its existing capital, a clause is to be inserted, providing that if the company fail to complete the line within the time. limited by the Act, the company shall be liable to a penalty and 168. of 50l. a day, until the line has been completed and opened for public traffic, or until such penalty amounts to five per cent. on the estimated cost of the work. (B) If such bill is promoted by an existing company which has not a line already opened for public traffic or which during the last year has not paid dividends upon its ordinary share capital, or by an existing company when the capital to be raised is greater than the company's existing capital, or by persons not incorporated, a clause is to be inserted, providing that the deposits paid under the standing orders shall be retained, and made liable to forfeiture unless, before the time limited for completing the line, the company shall either open it for the public conveyance of passengers, or prove that they have paid up and expended one-half of their capital for the purposes of the Act.1 (C) Another clause is required to be inserted, providing that the penalties recovered, or deposits forfeited, shall be applied to the compensation of landowners or other persons whose property may have been interfered with or affected. And (D) a clause is to be inserted, providing that if the railway, or tramway 2 is not completed within the period limited by the bill, the powers for making the same shall cease; and the period limited in case of a new line is not to exceed five years, and in the case of an extension of time is not to exceed three years, unless the committee, in special circumstances, think fit to allow a longer period.3 Standing Order 158A directs that where

1 In 1880, and again in 1885, a committee having specially reported to the house certain circumstances bearing on the observance of this standing order in the case of the bill before them, the question was referred to the standing orders committee, and their report thereon

was referred to the committee con-
sidering the bill, 135 C. J. 232. 260;
140 ib. 118. 160.

See standing order No. 168A,
infra, p. 800.

3 Previous to the passing of this discretionary proviso, committees had in several cases longer periods,

Chapter
"the preceding provisions are not applicable, the committee on the
XXVII. bill shall make such other provision as they shall deem necessary for
ensuring the completion of the line of railway or tramway."

rates under

and Canal

S. O. 166A

In the case of every bill for incorporating a railway, canal, Revision of or tramroad company, or for giving powers to an existing Railway company to which no Rates and Charges Order Confirma- Traffic Act, tion Act applies, the committee are to fix the rates, &c., for 1888. merchandise traffic (including a certain description of and 168A. parcels conveyed by passenger train 1) by reference to the Rates and Charges Order Confirmation Act of some other company which they consider applicable, the rates, &c., so fixed being substituted, in the case of an existing company, for those previously authorized to be taken. If in any such bill other than a railway bill the committee are of opinion that no such Act will apply, they are to insert a clause (described in the standing order) making the company subject to the provisions of the Railway and Canal Traffic Act, 1888, as to the revision of rates.

interest or

In every railway bill a clause is to be inserted prohibit- Clauses to provide ing the payment of interest or dividend to any shareholder in that no respect of calls, except on subscriptions which have been dividend be prepaid. But the committee on the bill may allow the paypaid on calls. ment of interest out of capital upon conditions set forth s. O. 167 in the standing order, reporting to the house accordingly.2 and 168A. A clause is also to be inserted, prohibiting a railway And as to deposits company from paying, out of the money they are authorized not to be to raise by their bill, the deposits required for any bill for paid out of the construction of another railway.

capital.

S. O. 168

and 168A.

exempt

And in all railway bills a clause is to be inserted, pro- Railway viding that the railway shall not be exempted from the not to be provisions of any general Acts, or from any future revision from and alteration, under the authority of Parliament, of the general maximum rates of fares and charges previously authorized. S. O. 168B.

and mentioned the fact in their
report. Midland Railway Bill, 1881;
Golden Valley Railway Bill, 1882;
Ban Navigation and Railway Bill,
1885;

Pembrokeshire and Fish-
guard Railway Bill, 1886; St.
Helen's District Tramway Bill,

1881; Ipswich Tramway Bill, 1882.

See also standing order 159, supra, p. 795.

2 In the Mersey Railway (Various Powers) Bill, 1887, payment of interest out of capital was refused by the committee.

Acts.

Subways By standing order No. 168A, the provisions of standing Chapter and tram- orders No.'s 145A and 158 to 1681 are made applicable

roads.

S. O. 168A. mutatis mutandis to subways and tramroads.

Length of line.

8. O. 170.

Tramroads bills.

S. O. 168c and 169.

Tramway bills. Power

as to acquisition, &c., of

S. O. 170A.

In every railway, tramway, or subway bill the length of the line is to be set forth in miles, furlongs, chains, and yards, or decimals of a chain, in the clause describing the works, with a statement, in the case of each tramway, whether it is a single or a double line.

With regard to tramroad bills, the standing orders provide that in every bill for the construction of a tramroad of railway gauge, and intended to communicate with a railway, a clause is to be inserted providing that the Railway and Canal Traffic Acts shall apply to the company and tramroad; and the length of so much of it as is constructed along a street or road, or upon waste by the side of a street or road, is to be set forth.

In the case of tramways, no powers are to be given to any local authority to construct, acquire, &c., or work any tramway beyond the limits of their district, unless it is in connection with a tramway which belongs to them or by local which they are authorized to acquire, &c., or work, and authorities. unless the committee on the bill determine that, having regard to the special local circumstances, such powers ought to be given. If the committee so determine, they must specify what portion of the tramway will be beyond the district of the local authority to whom such powers are given; and they must insert a protective clause (in terms indicated in the standing order) conferring upon the local authority, in whose district it will be situate, an eventual option of purchasing such tramway or portion of tramway. Where a local authority are empowered to work tramtramway ways belonging to them or authorized to be acquired by bills. them, they may also be empowered to enter into agreements for running powers over any tramways in connection with those that they so work. But in such cases the committee on the bill must make provision as to the approval of such agreements by the board of trade and as to the

Running

powers in

S. O. 171.

See pp. 793 and 795-9.

XXVII.

Chapter observance of certain other conditions, and must report the
XXVII. circumstances specially to the house.

In the case of a bill for restoring any letters patent the Letters
patent
committee are to see, in compliance with the standing bills.
orders, "that there be a true copy of the letters patent S. O. 175.
annexed to the bill." This copy should be attached to the
bill when first brought into the house; and if its omission
were noticed in the house, at any time before the bill was
in committee, the bill might be ordered to be withdrawn.

and Drain

There are several standing orders relating specially to Inclosure bills for the inclosure and drainage of lands, compliance age bills. with which is to be examined and enforced by the committee on the bill. These are relative to the proof of notices, and of the allegations in the preamble of the bill; the consent s. O. 176. bill, signed by the lord of the manor and the owners of S. O. 177. property; a statement of the property of owners, assenting, dissenting, or neuter.2 In the case of drainage bills, the S. O. 178. assents of the occupiers as well as owners of land are to be proved, but not that of the lord of the manor.

bills.

recreation

S. O. 179.

Consent

In every bill for inclosing lands, it is ordered that pro- Inclosure vision be made for leaving-and for fencing and maintain- Clause for ing—an open space" sufficient for purposes of exercise and providing recreation of the neighbouring population;" also that the ground. bill should contain the names of the commissioners pro- Commisposed to be appointed, and compensations intended for sioners' the lord of the manor and others, and that the copies of Bill, and such bills sent to persons interested, for their consent, pay and should contain this information; that certain persons accounts of should be disqualified as commissioners; and that a sioners. clause should be inserted settling the pay of the com- 181, 182. missioners and providing for the passing of their accounts.

clause as to

commis

S. O. 180.

when

Whenever a private bill contains any provisions relating Inclosures: to the inclosure of land, which might be comprised in a committee

1 It must also be proved before the committee that the fees due on the patent have been deposited.

On a report from the committee that the lord of the manor had declined to sign the bill, but did not

to make

special

oppose it, and desired to remain report.
neuter, the part of the order relat- S. O. 183.
ing to the consent of the lord of the
manor has been dispensed with.
Thetford Inclosure, 1st April, 1844,
99 C. J. 182.

1

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