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Provisions

as to houses

of the working classes

S. O. 184.

XXVII.

provisional order, under the Acts for the inclosure and Chapter
improvement of land, the committee are to make a special
report to the house.

In every bill by which power is sought to take land in
Scotland or Ireland, compulsorily or by agreement, clauses
-which are fully set forth in standing order No. 184—are
(Scotland to be inserted (1) providing that the promoters, in exercising
or Ireland).
such power, shall not purchase or acquire in any local
area any house or houses, occupied wholly or partially, by
thirty or more persons (as tenants or lodgers) belonging to
the working class, until they have obtained the approval
of the "central authority "1 to a scheme for providing
sufficient accommodation for the persons to be displaced,
and have given security for carrying out the scheme; (2)
imposing adequate penalties on the promoters in case of
their contraventions of these provisions; (3) providing for
the payment of the expenses incurred by "the central
authority;" and (4) conferring powers on the authority
and on the promoters for carrying out the scheme.

Turnpikeroads (Ire

The committee on a turnpike-road bill relating to Ireland are to insert a clause providing for the qualification of S. O. 186. commissioners.

land).

Compen

sation

water.

In the case of a bill for impounding the water of any river or stream, the committee are to inquire into the S. O. 185. expediency of providing that the water to be supplied in compensation should be given in a continuous flow throughout the twenty-four hours of the day, and to report accordingly.

Limits of burialground,

&c., to be defined.

In every bill for making gasworks or sewage-works, or for making, altering, or enlarging any sewage farm, cemetery, gasworks, burial-ground, crematorium, destructor, or hospital for infectious diseases, there is to be a clause defining the lands S. O. 187. in or upon which the same are to be made or constructed. In the case of a bill authorizing the generation, supply, relating to generation or use of electricity, standing order No. 187 provides that there shall be inserted either a clause defining the lands in S. O. 187. or upon which any generating station may be constructed, This expression is fully defined in standing order No, 38.

Bills

of elec

tricity.

XXVII.

or a clause to the effect that the undertakers shall not be
exonerated from any indictment or other proceeding for
any nuisance which they may cause or permit on such
lands. And by standing order No. 157A-

In the case of any bill relating to the generation of electricity for S. O. 1574.
supply to persons or bodies other than the promoters, the bill shall
not be reported by the committee until a report from the board of
trade on the powers sought has been laid before the committee; and
the committee shall report specially to the house in what manner the
recommendations or observations in the report of the board of trade,
and also in what manner the clauses of the bill relating to the powers
sought, have been dealt with by the committee.1

3

gas and

companies

clauses,and

In every bill in which an existing gas or water company Bills relating to is authorized to raise additional capital, provision is to be att made for the offer of such capital by auction or tender,2 water unless the committee report that such provision ought not (auction to be required, with their reasons; 3 and it is competent to standard the committee so to regulate the price of gas, that any price for gas). reduction of the authorized standard price shall entitle the S. O. 188. company to make a proportionate increase of dividend, and that any increase above the standard price shall involve a proportionate decrease of dividend.4

1 Up to 1899 practically all applications for powers to supply electricity were made by means of provisional orders granted by the board of trade under the Electric Lighting Acts, 1882 and 1888 (infra p. 875). The increasing need for generating electricity for motive power and other purposes, and over large areas, however, led to a great increase in the number of applications by means of private bill instead of by the procedure under these Acts, and, in 1901 and 1903, the provisions quoted above were inserted in the standing orders (156 C. J. 413; 158 ib. 369).

2 In gas companies' bills, the "model" clause for raising additional capital includes, under the nominal capital so created, "any premium which may be obtained on the sale thereof."

3 Bognor Water, 1891. Additional

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Estimates in local

(England

XXVII

In the case of bills authorizing a local authority in Chapter authorities' England or Wales to borrow money for any matter within bills the jurisdiction of the board of trade or local government board, estimates of the proposed application of the money are (except so far as the borrowing power is to be exercised subject to the sanction of the board) to be recited in the bill, and to be proved before the committee.

and
Wales).
8. 0.172.

Bills relating to local

govern

Whenever application is made by an urban district council, or town or other commissioners in Ireland for new ment (Ire- powers, the promoters are required to obtain a certificate, land). under the seal of the local government board in Ireland, S. O. 173. stating whether such application is made with the sanction and approval of the board, and this certificate is to be reported upon by the committee.

Bills pro

moted by

authorities.

S. 0.173A.

In any bill promoted by, or conferring powers on, a local local authority, or public body having powers of local government or rating, the period which the committee may sanction for the repayment of any loan is expressly limited by standing order No. 173A to a term not exceeding sixty years;1 in considering any provisions in the bill as to borrowing powers and powers relating to police, sanitary and certain other matters, the committee must have regard to the provisions as to such powers in existing general Acts; and they must report specially upon these and other points specified in the standing order.

capital by doubling its nominal
amount and halving the rate of
interest. Similar conversions of
their stock by statutory gas com-
panies were authorized in the Ryde
Gas Act, 1904, and other cases.

1 A period exceeding sixty years
having been sanctioned in 1887, by
the committee on the Sheffield
Corporation Water Bill, for the
redemption of certain annuities, and
in 1889, by the committee on the
Bury Corporation Bill, for a similar
redemption and for the repayment
of a loan, exception was subse-
quently taken in both cases in the
house. In the former case, the
house resolved that the committee's

action was contrary to standing
order 173A, but, in the special cir-
cumstances of the case, permitted
the bill to proceed (Suppl. to Votes,
1887, p. 1501; 142 C. J. 404; 318
H. D. 3 s. 300). On the Bury
Corporation Bill a similar exception
on the same grounds was taken in
the house, and, on division, a similar
decision was come to (Suppl. to
Votes, 1889, p. 1071; 144 C. J. 410.
415; 339 H. D. 3 s. 879, and cf.
Suppl. to Votes, 1884-5, p. 1049).
Cf. also the similar proceedings on.
the Derwent Valley Water Board
Bill, 1899 (156 C. J. 158; 93 Parl.
Deb. 4, s. 572-580).

XXVII.

2

on bills

Police and

Chapter As already mentioned (p. 751-2) a select committee is Committee annually appointed by the house for the consideration of containing all those bills, whether opposed or unopposed, in which a Sanitary local authority seeks for "powers relating to Police or provisions. Sanitary regulations in conflict with, deviation from, or excess of, the provisions of the general law." The order of reference to this committee has varied in form in different sessions. Under its terms as passed in 1904, and subsequently, the number of the committee may not exceed eleven members (who are nominated by the committee of selection), four being the quorum. Should the committee be of opinion that it is not necessary or advisable for them to deal with any clauses (other than those containing police and sanitary regulations) in any bill referred to them, they may inform the committee of selection, who must then refer the bill to another committee in respect of those portions of it with which the Police and Sanitary committee do not deal. If any loan is authorized under those portions, however, the police and sanitary committee determine the mode of its repayment, and it is they who finally report the whole bill to the house, stating in their report what parts have been considered by each committee.9 The Police and Sanitary committee are also empowered, if they think fit, to sit

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In 1893 the Stalybridge and Dukinfield Sewerage Bill, although it contained no "police or sanitary clauses, was added (by the committee of selection) to the bills referred, under the order of the House, to the police and sanitary committee, it being thought desirable that the bill should be considered by this committee in conjunction with one of the bills already before them. Private Business, 1893 (April 28), p. 373. The same course was followed in the case of the Trafford Park Bill, 1904. Private Business, 1904 (July 19), p. 749.

2159 C. J. 48; 160 ib. 42; &c. Standing order No 173A, just mentioned, and standing order No. 150, mentioned on p. 791, are speci

fically made applicable to all bills
referred to the committee; and
power is given to the committee to
send for persons papers and records.
3 In 1904 the Selby Urban District
Council Bill was thus dealt with,
Part III. of the bill being referred
by the committee of selection, to
the committee on Group H. of
private bills. (Private Business
(1904), pp. 131, 424, 453; Suppl. to
Votes (1904), p. 1785; and 159 C. J.
254). And cf. Rhondda Urban
District Council, Bolton Corpora-
tion, and Rathmines, &c., Improve-
ment, Bills, 1905 (Private Business
(1905), pp. 170, 175; Suppl. to Votes
(1905), pp. 483, 623, 683; and 160
C. J. 183, 201, 217); &c.

General proceed

ings of

XXVII

as two committees, between whom they may apportion Chapter
the bills referred to them, each of these sections having
the same powers as the undivided committee.1

Having adverted to the various matters which are
required by the standing orders to be reported upon by
committees committees,2 or to be proved before them, and the peculiar
on opposed
bills. provisions required to be inserted in particular bills, the
general proceedings of committees upon opposed private
bills may be briefly explained. These are partly regulated
by the usage of Parliament, partly by standing orders,
and partly by statute.

Committee

room: when open and when cleared.

Parties

appear

When counsel are addressing the committee, or while witnesses are under examination, the committee-room is an open court: but when the committee are about to deliberate, all the counsel, agents, witnesses, and strangers are ordered to withdraw, and the committee sit with closed doors. When they have decided any question, the doors are again. opened, and the chairman acquaints the parties with the determination of the committee, if it concerns them.

The first proceeding of a committee on an opposed bill, before the when duly constituted, is to call in all the parties. The committee. counsel in support of the bill appear before the committee.

Appear

ances upon
petitions
against
bill.

The petitions against the bill in which the petitioners pray
to be heard, are read by the committee clerk; and upon
each petition with which the parties intend to proceed an
appearance is entered, and the counsel or agents appear in
support of the petition.3 If no parties, counsel, or agents
appear when a petition is read, the opposition on the part
of the petitioners is held to be abandoned.

If parties have neglected to enter their appearance at
the proper time, they will not be entitled to be heard. In

1 159 C. J. 48; 160 ib. 42; &c. And cf. report from the police and sanitary committee H. C. Paper. No. 314) of 1904.

2 As to committees on Estate and Divorce bills see standing order 188A-192, and infra, Chapter XXIX.

Until cases of locus standi were

heard by the court of referees (see
p. 760), it was also usual at this
time to intimate that objections
would be raised to the hearing of
petitioners.

* See supra, pp. 710 (paragraph 8)
and p. 787.

Suppl. to Votes, 1849, pp. 204. 288; and ib. 1853, p. 829. Minutes

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