KICHAftD HUGHES ^^. i BL^j^V^^ti^G^ \ H ^N-id(A^HBH 1^^ 3 '^^ — ••" . 4 [^'^^: ;v:; .A.»^/s^ r'^i !•: %>r^'. ' H^" i .>,,,,/^,*«, ^^^^Z'' ^m ^M. *'^ i r^^' :i^r» '^m^u ^MN^W ^'A* ^^^ ■*«,><^Ca?^- mim ^^K Mf;t>.\ ^^^ .TO V ,.'^.0r ^A^':; :':1'''«''':' STANDING ORDERS OF THE HOUSE OF LORDS. 1825. NOTE. The Standing Orders printed in Italics are those tnhich have been vacated. The Words in Italics in the Text are Amendments added by the House ; and. the Words in Italics at the Bottom of the Pages, the Parts omitted by the House. The Words that appear in the Body of the vacated Orders not printed in Italics denote the Amendments added to such Orders previous to being vacated. CONTENTS. I.— ORDERS, ALPHABETIC ALLV ARRANGED. Appeals No. — ^ touchine Answers to - - 106,7,8,9.123. Attendance of Lords, and the Ballot for, 200 to 209. Cross Appeal - - - - 12/. Disabilities to bring - - - 118. Hearing - 60, 2, 4, 119. 124. 182. 200, 1. Printed Cases - 59. 117. 177. 180. 181. 194. 199. Question on Judgment - - - 56. Recognizance - - - - 61. Rehearing - - - - 57. Signing by Counsel - - 58.179. Time for bringing in . - - 55. 118. Apprenticeship _ - - - 198. Assistants 1 r ..i. it f" "^ -6. 63. Attendants } of ^he House |_ . . -4,5.32. Banbury, Earl of - - - - 86 Bar of this High Court - 48. BiUs -" - - - 8.23,4,5.6.34. 4. Bishops - Cases printed, on Appeals - 59.117.177.180.181.194.199. Claims of Peerage - 128. Writs of Error " - 59. 117. 178. 181. 194. Causes - ... 124.182.200. Certificate, — — on Naturalization Bill - - -171. Appeals - - - - 179. Certiorari - - _ - . 105. Chancellor, The Lord - - 1, 2, 3, 4. 7. 28. 35., Clerh - - • - - 115. ( ii ) No. Cloth of Estate - - - - 11.13. Commission, for proroguing Parliament - - 7. Committee, of Privileges - _ - 8. 121. 201. on Private Bills - - - 94. 101, 2. Select - - - - 32, 33. of the Whole House - - 26. 28, 29. 31. Committees - - - 15. 28. 37. 39. 139. Commons, House of - - - 37. 50. 51. Conference _ . - 33. 37^ 38, 39. Consents, to Private Bills _ - - 94. Contents, on a Division - - - - 22. Copy, of Private Bills - - - 175. CoM«se^ AUendants of the House - -5.32. Counsel - - - - 47. 119. Cross Appeal - - - - 1 27. Depositions _ » - - 47. Descent, Peers by - . - . 88. DisG^iii^ies, to bring Appeals - - - 118. Dissent - - - - -114. Division, in the House - _ - - 22. Divorce, Bill of - - - - 141. 176. Doorkeepers - - - - - 42. Error, Writs of - - 54. 56. 59, 60. 105. 178. 18]'. Estreat - - - - - 46. Fees . _ . - - 88. Fines - ----- ,46. Great Seal - - - - 3. House, „_ — touching Order to be preserved in it when"! 10, 11. sitting _- - - -/l3. 18. .. • in speaking - - - 2. 14. 19. in voting - - - 20,21,22. Call of 27.203. in Committees - - - -28,29.31. summoning, for Standing Orders - - 104. — — when the King is present - - -111. ■ clearing - - - - 112. ( i" ) House — continued. No. who may be present - - . 42. 130. Introduction of Peers - _ _ 88,89. Journal Book - - - - 91. Ireland, Peerage of, Claim of, touching Titles in Abeyance - - 162,3^4,5. — — of a Peeress in her own Right - - 166. — — Representative Peers of, Claim to vote for - - 160,161.212. advanced in Dignity - - - 1 68. Judges - - - - - 4. 32. Petition to be referred to, on EstateBills - 99. 132. 156. JiwdicaiMre of the House inTryals -- - - 47. Letters Patent - - -172,3,4.198. Lobby - - - - - 43. Lord Keeper - - - - - 3. Lords, touching Order to be observed by them, in the House at Causes - 1.11.13.18.64. when choose their own Speaker - - 3. in speaking - - - -14.19. in voting - - - - 20, 21, 22. in a Committee of the Whole House - - 29. in a Select Committee _ _ _ 33. on taking the Oaths - - - 92. when the King is present - - 111. — Trimprisonment of - - - 49. Rot to answer Accusations in, or go to House of Commons - . - . _ 50, 51. to answer on Honour - - - 70. — — Minors, not to sit - - - 93. Master of the Ceremonies - - - 111. Masters in Chancery - - - - ZG. Members of the House - - - - 48. Message, from the Commons - - _ 35, 36. Messengers to the Commons - - - _ 36. Money Bill - - - - 25. Naturalization Bill - - - - -17K a2 ( iv ) Notices ^o. on Public Local Bills - - 172. 183, 184. of Committee on Private Bills - _ - 94. —— to Mortgagees on Private Bills - - 150. Not Contents, on a Division - - * - 22. Oaths ... - - - 92. Orders - - - - - - - 45. StandingOrders, Report of their being complied with, on Private Bills - - -102. on any Bill to which they may relate, sent to a Committee . _ - 139. making and dispensing with - - 104. Painted Chamber - . - - 37. Parliament, — — Prorogation of, previous to and after its first Meeting - - - - 7. Opening of. Proceedings on - - 8. Peerage, Claims of - - - - 128. Peers, Tryal of - - - - - 52, 3. by Descent - - - - 88. by Special Limitation - - - 89. Prayers - - - - - 8. Precedence - - - - 86. Private Bills, II touching Estates, to be brought in on Petition - - 95. — — signed by all Parties - - - 98. referred to Two~^j England, Scotland, Ireland, Judges, or if brought from the Commons a )> 99. 131. 156. Copy of the Bill to be sent them rd4. 101 ) 145 to I 132, 133, > 157 Consentsto - -<^ mAn-C 197. / 158 58. elusive for selling Lands, ^ and purchasing > 126. . 153. 159 others - -J ( V ) Private Bilk, touching Estates in England, &c. — continued. ■ Copy of Petition and Report, to the Lord in No. the Chair - - - - 175. Notice of Committee - . _ 94. Printed Copies to be delivered to all Parties 96. not to be read before Causes - -97. Orders to be laid before Committee - - 102. Witnesses to be sworn - - - 103, appointing new Trustees - - 149. Notice to Mortgagees - _ . 150. Schedule of Lands exchanged - - 151. Report of Orders complied with - - 152, Privilege, of Parliament, touching Freedom from Arrests to Servants and Followers of Nobility - - 65. 69. not to Attorneys - - >» 66. Privilege, to the Lords, 71, 2, 3, 4, 5. 7, 8. 110. 113. 120. 125. not to Minor Peers, Noblemen, or Widows of Peers, 76, Privilege, of Peerage, not to the Widow of a Peer married to a Commoner, 76, Privileges, Committee of - - - 121. 201. Prorogation, of Parliament - - « 7. Protection, Written, to be vacated - - - 67. 1 1 6. for His Majesty's Servants, not to be received - 68. Proxies, - ' - 79. 80, 81_, 82, 83, 84, 85. n ]_,. T » r.17 r No. 1 34 to 1 40 inclusive, racafcc?. Public Local Bills, ^ Also No. 169. ■'■ relative to any Inclosure, Road, DRAiNAGfi, Paving, Dock, or Navigation Bill, where Money is to be laid out in the Purchase of Land 154 — — to any Aqueduct, Archway, Bridge, Canal, Cut, Dock, Ferrt, Harbour, Pier, Port, Turnpike Road, Railway, Tram Road, Tunnel, touching Notices of Application for, - 183. to contain Names of Parishes, &c. through which the Project is to pass - 184. a. Map and Plan, except of a Turnpike Road, to be delivered to Clerk of the Parliaments - - - 185. ( vi ) Public Local Bills, relative to any AauEDUCT, &c. — continued. and to be printed in the Copy of the No. Prints laid on the Table - - 186. Application, &c. for Consent of Owners, and a List of Assents and Dissents - 187. a like Application, if Power to vary the Line, and aList of Assents and Dissents 1 88. — — relative to any Navigation, AauEDUcx, Cut, or Canal. Application to Owners of Streams and Mills - 189. a Map to be delivered of any new Road, or Alteration of the old Roaa, for 100 Yards - 190. — — Powers of, relative to any of the Purposes in No. 183, except Turnpike Road, to cease, if Work not completed in Time - - - - 191. Contract for Four-fifths of the probable Expence to be paid within a limited Time - - 192. — — and the whole Expence before the Authorities are put in force . - - 192. Ascent to Bridges where Aqueduct, &c. crosses a public Road - - - - 193. Affidavit before a Sheriff, &c. in Scotland, Evidence of the Matters required by the Standing Orders, Nos. 183 to 190 inclusive - - - 195. Sheriff to certify the Competence of the Witness as to the Facts _ _ - 196. — — relative to any Trade, or to alter Apprentice- ship, or affixing Marks to or prohibiting any Manufacture, to be referred to a Select Com- mittee touching Expediency of it - - 198. Quarrels - - - - 16. Question - - - - 17. 56. 84. Recognizances, on Appeals - - 61. Rehenrings - - - - 57. Report - - - 26. 34. 38. 175. Restitution, in Blood _ _ _ go. Scotland, Certificate of Return of Peers chosen for - 8. Session of Parliament - - - - 8. Speaker . . , - 1.3.34.155. Speech - - - - 14, 15, 17. ( vii ) No. Trade .---.- 198. Trustees ... - - 101. 149. Trials qf Peers - - - - 52. rofin^, in the House - - - 20,21,22. Wauer, of Privilege - - _ 120. Widow, of a Peer marrying a Commoner, no Privilege of Peerage - - - 76. Witnesses, to be sworn before the Judges - 103. Writ, for proroguing Parliament - - 7. WritSf Stile of, not to be altered - - 12, II.— REMEMBRANCES. No. 1, 2. 4, 5, 6, 7, 8, (9, vacated by Order) 10, 11, 12, 13, 14. 19, 20. 23. 27. 28. 33. 35, 36, 37, 38, 39. 44. 47. III.— APPENDIX Placing of the Lords. IV.— INDEX. Remembrances for Order and Decency to be kept in the Upper House of Parliament, by the Lords, when His Majesty is not there ; leaving the Solemnity belonging to His Majestie's coming, to be marshalled by those Lords to whom it more properly appertains. J? IRST, therefore, the Lords are to sit in the The Sitting of same Order as is prescribed by the Act of '^ ° ' Parliament, except that the Lord Chancellor sitteth on the Woollsack as Speaker to the House. 2. The Lord Chancellor, when he speaks to the Speaker of the , . House. House, IS always to speak uncovered, and is not to adjourn the House, or do any thing else as Mouth of the House, without the Consent of the Lords first had, excepting the ordinary Thing about Bills, which are of course, wherein the Lords may likewise overrule ; as for pre- B ( 2 ) ferring one Bill before another, and such like; and in case of Difference among the Lords, it is to be put to the Question; and if the Lord Chancellor will speak to any thing particularly, he is to go to his own Place as a Peer. 3^ Die Sabathi, 9" Junii 1660. If no Speaker Ordered by the Lords in Parliament assem- be appointed i i i m by the King, the bled, That it is the Duty of the Lord Chancellor, one/'"^^^ °^^ **^' ^^^^ Lord Keeper of the Great Seal of England, ordinarily to attend the Lords House of Parliament; and that in case the Lord Chan- cellor, or Lord Keeper of the Great Seal, be absent from the House of Peers, and that there be none authorized under the Great Seal, from the King, to supply that Place in the House of Peers, the Lords may then choose their own Speaker during that Vacancy. 4. Attendants. The Judges (and such of the King's Privy Council as are called by Writ to attend) sitting by, are not to be covered until the Lords give them Leave, which they ordinarily signify by the Lord Chancellor, and they being there appointed to attend the House, are not to speak, or deliver any Opinion until it be required, and they be admitted so to do by the major Part of the House, in case of Difference. ( 3 ) 5. The Learned Councol, &c. arc likewise to King's Coimoci. attend on theWoollsacks, but are never covered. Those of His Majestie's Privy Council, who Assistants. are or shall be called by His Majestie's Writ, as the Judges are, are to be used with the same Respect the Judges are, which is not to be covered, until they shall be admitted so to do by the Lords. 7. After the issuing the Writ of Summons, if Proroguing the ihe Parliament be prorogued to any further ^^^f^re and after Day than was appointed for the Meeting ^^^ ^ '^^' M"'- thereof by the Writ of Summons, it is done by Writ, which is directed to both the Houses ; and in that case the Lower House is to be called in and to stand uncovered below the Bar, but not before the Lords be all sat, who sitting, and being all covered, the Lord Chancellor uses some Words unto them to let them know the Cause of their Meeting, which he doth uncovered, in respect he speaks to the Lords as well as to the Commons; and after the Writ read, the Parliament is accordingly prorogued. But when the Parliament is prorogued at any Time after the first Meeting thereof, such Prorogation is not to be by Writ, but by Com- mission, directed unto some of the Lords of the Upper House, and the Lord Chancellor first acquainting the House with the Purport of such b2 ( 4 ) Commission, the Lords authorized thereby, or so many of them as are necessary, being in their Robes, and seated on a Form placed between the Throne and the Woollsack, are to command the Usher of the Blaci< Rod, to let the Commons know the Lords Commissioners desire their immediate Attendance in the House of Peers, to hear the Commission read ; and the Commons being come up to the Bar of this House, and standing uncovered, the Commis- sion is to be read by the Clerk, after which the Parliament is to be prorogued in such Manner, and to such Time, as is commanded by the said Commission. 8. Proceedings At the Beginning of a Parliament, after the Parliament. Pf'^yei's Said, andthcLord Chancellor shall have taken the Oaths appointed to be taken, in lieu of the abrogated Oaths of Supremacy and Al- legiance, and made, repeated, and subscribed the Declaration, and taken and subscribed the Oath of Abjuration, according to the several Acts of Parliament made for those Purposes, the Certificate of the Clerk of the Crown, of the Return of the Sixteen Peers, who for that Part of Great Britain called Scot- land shall be chosen, summoned, and certified to sit and vote in the House of Peers in the Parliament of Great Britain, shall be read ; ( 5 ) and then all the Peers and Lords of ParHanient present, shall in like Manner take, make, and subscribe the said Oaths, and Declaration ; after which, some Bill (joro forma) is to be read; which being done, the Lord Chancellor is to report His Majestie's Speech from the Throne, and then the Committee of Privileges is to be appointed; and at the Beginning of every other Session during the same Parlia- ment, after Prayers said, some Bill (pro forma) is to be read, His Majestie's Speech reported, and the Committee of Privileges appointed. 9. \_Every Lord that comes after Prayers, if he he a The Poor's Box. Baron or Bishop, is to pay One Shilling ; and if he he of any Degree above, Tvjo Shillings, for the Poor ; but every Lord who conies not at all, and makes not his just Excuse, is to pay Five Shillings for every Day's Absence.'] Vacat. per Ordinem 13° Mali 1/42. 10. Before the House sit, so much Respect is to House. Respect , to be shewed to It. be had to that Room, as none but Members of the House ought to be covered there, not so much as the eldest Son of any Peer what- soever, unless he be called by Writ ; neither is No Private Per- , _, , . ^ son to stay in ic« any other Person to stay there, or any At- tendant of any Nobleman, but whilst he brings in his Lord, and then he is to retire himself. B 3 11- House sitting. ( c> ) When the House is sat, every Lord that shall enter is to give and receive Salutations from the rest, and not to sit down in his Place, unless he hath made an Obeysance to the Cloath of Estate. 12. Writs mistaken. 13. Order in the House. If there be any Difference in the Form or Stile of the Writs, from the antient, it is to be examined how it came to pass. The Lords in the Upper House are to keep their Dignity and Order in sitting, as much as may be, and not to remove out of their Places without just Cause, to the Hindrance of others that sit near them, and Disorder of the House ; but when they must needs go cross the House, from one Side to the other, they are to make Obeysance to the Cloath of Estate. 14. Speaking in the House. 15. Asperity of Speech to be avoided. When any Lords speak, they address their Speech to the rest of the Lords in general. To prevent Misunderstanding, and for avoid- ing of offensive Speeches, when Matters are debating, either in the House or at Committees, it is for Honour Sake thought fit, and so ordered. That all personal, sharp, or taxing Speeches be forborn, and whosoever answereth another ( 7 ) Man's Speech, shall apply his Answer to ihc Matter without Wrong to the Person : and as nothing offensive is to be spoken, so nothing is to be ill-taken, if the Party that speaks it shall presently make a fair Exposition, or clear De- nial of the Words that might bear any ill Con- struction j and if any Offence be given in that Kind, as the House itself will be very sensible thereof, so it will sharply censure the Offender, and give the Party offended a fit Reparation, and a full Satisfaction. Per Ordinein 12° et 13" Junii 1G26. Die Lunae, 9" Augusti IGtl, i)ost meridiem. It is this Day ordered, by the Lords in Par- Quanels, to liament, for avoiding of all Mistakes, Unkind- nesses, or other Differences which n)ay grow to Quarrels, tending to the Breach of Peace, That if any Lord shall conceive himself to have re- ceived anyAffront or Injury from any other Mem- ber of the House, either in the Parliament House, or at any Committee, or in any of the Rooms belonging to the Lords House of Parliament, he shall appeal to the Lords in Parliament for his Reparation, which if he shall not do, but occa- sion or entertain Quarrels, declining the Justice of the House, then the Lord that shall be found therein delinquent, shall undergo the severe B 4? ( s ) Censure of the House of Parliament ; and this Order is to be added to the Standing Orders of this House. ,„ Die Veneris, 9" Januarii 1673. No Speaking It is this Day ordered and declared by the tion^is entirdy" Lords Spiritual and Temporal in Parliament r"t- assembled, That when a Question hath been entirely put by the Speaker, no Lord is to speak against the Question before voting : And it is further Ordered, That this Rule be entered into the Roll of the Standing Orders of this House. 18. Die Mercurii, 30° Martii 1670. Lords not to dis- Ordered, That if any Lord have occasion to course together ' •' whilst the House speak with another Lord in this House while is upon Business. ,--,••. i ^i the House is sittmg, they are to go together below the Bar, or else the Speaker is to stop the Business in Agitation ; and that this Order be annexed to the Roll of the Standing Orders of this House. 19. No Lord to speak j^o Lord is to speak Twice to any Bill, at one Twice to one . ,. . i t-» Matter, without Time ot reading it, or any other Proposition, un- less it be to explain himself, in some material Point of his Speech, but no new Matter, and that not without the Leave of the House first obtained : every Lord speaks standing and uncovered, and Leave. in the House. ( 9 ) names not Members of the House commonly by their Names, but the Lord that spake last, last but One, last but Two, &c., or some other Note of Distinction. 20. In Voting, the lowest, after the Question is Manner of voting put by the Lord Chancellor, begins first, and every Lord in his turn rises uncovered, and only says Content or Not-content. Die Lunae, 13° Martii 1670. 21. Ordered, That after a Question is put, and ^°^^^J!^ ^^^P *■ ^ their Places upon the House hath voted thereupon, no Lord is to voting. depart out of his Place, unless upon a Division of the House, until the House have entered on some other Business j and that this Order be added to the Roll of the Standing Orders of this House. Die Mercurii, 25° Novembris 1691. 22 Resolved, upon the Question, That for the Contents upon Division to go future, v?hen there shall be a Division in the below the Bar. House upon any Question, the Contents shall go below the Bar, and the Not-contents stay within the Bar; and it is ordered. That this Resolution be added to the Roll of Standing Orders of this House. ( 10 ) 23. Proceeding on Bills. 24. Bills to be duly considered. Bills are seldome opposed at the First Read- ing, and are commonly committed upon Motion 25. No Clause to be annexed to a Bill of Aid or Supply foreign to the Matter. at the Second Reading. Die Martis, 5° Mali 1668. Upon Report made by the Lord Chamber- lain, from the Committee of the Whole House, concerning the Bill for raising Three hundred and ten thousand Pounds, by an Imposition on Wines and other Liquors, that in regard the said Bill being very long, and consisting of many Paragraphs, came from the House of Commons so near the Time of Adjournment, he was commanded to report it as the Opinion of the Committee, that it might be entered into the Journal Book of this House, that there may be no such Argument hereafter used in this House, as was upon this Bill, (of Shortness of Time for the passing of Bills) to precipitate the passing thereof; but that due Consideration may be had hereafter, according to the Course of Parliaments, the Lords Spiritual and Tempo- ral in Parliament assembled, agreed with the Report made from the Committee; and ordered. That this Order be entered on the Roll of the Standing Orders of this House. Die Mercurii, 9" Decembris 1702. Ordered and declared, That the annexing any Clause or Clauses to a Bill of Aid or ( 11 ) Supply, the Matter of which is foreign to and different from the Matter of the said Bill of Aid or Supply, is unparliamentary, and tends to the Destruction of the Constitution of this Government: And it is further ordered, that this Order and Declaration be added to the Roll of Standing Orders. Die Martis, 28° Junii 1715. 26. Ordered and declared, That for the future, Bills noi to be read Twice in a no Bill shall be read Twice the same Day ; Day, &c. that no Committee of the Whole House pro- ceed on any Bill the same Day the Bill is com- mitted ; that no Report be received from any Committee of the Whole House, the same Day such Committee goes through the Bill, when any Amendments are made to such Bill ; and that no Bill be read the Third Time the same Day reported from the Committee. 27. It is to be observed, that the first or second Calling the Day the House be called, and Notice to be taken of such Lords as either have not sent their Proxies, or are excused by His Majesty for some Time, 28. To have more Freedome of Speech, and that Committees of *^ ' the Whole Arguments may be used (pro & contra), Com- House, &c. mittees are appointed, sometimes for Bills, some- 29. Lords to sit in their Places. ( 1^ ) times to facilitate and agree of great Busi- nesses, either of the Whole House, or of parti- culars ; Committees of the Whole House sit in the Upper House, but then the Lord Chan- cellor sits not upon the WooUsack as a Speaker. Every Lord is to sit in his due Place when the House is put into a Committee. PerOrdinem 9° Mail 1626. 30. House to be put \If it shall be desired by any Lord that the House into a Committee „iay be put into a Committee, it ought not to be at any Lord's . ' Desire. rejused.] Per Ordinem ib'm. Vacat. per Ordinem 7° Maii 1805. 31. House not to be resumed without Consent of the Committee. 32. Select Com- mittees. Die Jovis, 10° Junii 1714. Ordered and declared. That when the House shall be put into a Committee of the Whole House, the House be not resumed with- out the unanimous Consent of the Committee ; unless upon a Question put by the Lord, who shall be in the Chair of such Committee. Entered per Ordinem 28° Junii 1/15. If they be a Select Committee, they usually meet in one of the Rooms adjoyning to the Upper House, as the Lords like; any of the Lords of the Committee speak to the rest un- covered, but may sit still if he please ; the Com- ( IS ) mittees are to be attended by such Judges or Learned Councel as are appointed ; they are not to sit there or be covered, unless it be out of Favour for Infirmity, some Judge some- times hath a Stool set behind, but never covers ; and the rest never sit or cover. The Lord Chief Justice Popliam did often attend Committees, and though he were Chief Justice, Privy Councellor, and infirm, yet would he very hardly ever be perswaded to sit down, saying, it was his Duty to stand and attend ; and de- sired the Lords to keep those Forms which were their Due. 33. Here it is to be observed, that at any Com- ah Lords may mittee of our own, any Member of our House, y^te. though not of the Committtee, is not excluded from coming in and speaking, but he must not vote; as also he shall give place to all that are of the Committee, though of lower Degree, and shall sit behind them, and observe the same Order for sitting at a Conference with the Commons. Die Sabathi, 5° Aprilis 1707. 34^ Ordered, That on all Reports made from Amendments to , _ Bills how to be Committees of Amendments to Bills for the reported. future, the Lord that makes the Report, do the Commons. ( H' ) explain to the House the Effect and Coherence of each Amendment ; and that on the Clerk's Second Reading of the same Amendments, the Lord on the Woollsack do the same. And this to be added to the Roll of Standing Orders. 35. Messages from For our Meeting with any of the Lower House, it is either upon Occasion of Messages, which they send up unto us, or upon Conference when they come up unto us ; the Manner is thus : After we have Notice given us by our Usher, that they have sent unto us, they attend till we have put that Business to some end, wherein we are, and then we (sitting all covered) send for them in, who stand all at the lowest End of the Room, and then the Lord Chancellor (with such as please) riseth and goeth down to the Middle of the Bar ; then the Chief of the Committee in the midst, and the Rest about him, come up to the Bar with Three Courtesies, and deliver the Message to him, who, after he hath received it, retires himself to his former Place, and the House being cleared and settled, he reports it to the Lords, who do help his Memory if any thing be mistaken; and after the Lords have taken Resolution, (if the Business require any An- swer) they are either called for in, and ap- proaching to the Bar, with Three Courtesies (as before,) and the House sitting in order, and ( 15 ) covered (as before), the Lord Chancellor sitting upon the Woollsack covered, doth give them their Answer in the Name of the House ; or else, if the Resolution be not so speedy, we send them Word by the Usher, that they shall not need to stay for the Answer, but we will send it by some express Messengers of our own. 36. Here it is to be noted, that we never send to Messengers to ,1 T TT 1 -A r 1 r the Commons. the L.ower House by any Members ol our own, but either by some of the Learned Councel, Masters of the Chancery, or such like, which attend us, and in weighty Causes some of the Judges ; but the Lower House never send unto us any but of their own Body. 37. The Place of our Meeting with the Lower Conferences, House upon Conference is usually the Painted Chamber, where they are commonly before we come, and expect our Leisure. We are to come in thither in a whole Body, and not some Lords scattering before the rest, which both takes from the Gravity of the Lords, and besides may hinder the Lords from taking their proper Places : we are to sit there and be covered, but they are at no Committee or Con- Commons not to , be covered. ference ever either to be covered or sit down in our Presence; unless it be some infirm Person, and that by Connivance in a Corner out of sight, to sit, but not to be covered. 38. None to speak at a Conference but those of the Committee. 39. No Stranger to be at a Confer- ence or Com- mittee. 40. None hut those who have Right to be in the House when sitting. ( 16 ) None are to speak at a Conference with the Lower House but those that be of the Committee ; and when any thing from such Conference is reported, all the Lords of that Committee are to stand up. No Man is to enter at any Committee or Conference (unless it be such as are commanded to attend) but such as are Members of the House, or the Heir Apparent of a Lord who has a Right to succeed such Lord, or the eldest Son of any Peer who has a Right to sit and vote in this House, upon pain of being punished severely, and with Example to others. DieSabati, 5° Aprilis 1707. [_Upon Consideration of the Report from the Lords Committees for Privileges, to whom it was referred to consider of Methods or Orders to prevent the Irregu- larities that often happen in this House ; It is ordered. That for the future, none but a Lord, or Heir Apparent of a Lord, who has a Right to succeed such Lord in his Place in this House, or such others as have Right to attend in the House as Assistants, shall be in any Part of the House during the sitting of the House ; and this to be added to the Roll of Standing Orders.} Vacat. per Ordinem 18° die Aprilis 1788. Vid. another Order substituted in its stead, No. 1 30. 41. Die Luna, 24° Novembris 1707. Peers eldest [The Earl of Rochester reported, from the Lords Sons Privilege. Committees appointed to prepare an Order pursuant ( 17 ) tit the Debate of this House of the One and twentieth instant, relating to the Sons of Peers being in this House when sitting), the Order following, which was read and agreed to by the House ; (viz^.) That upon Consideration of the Order of the Fifth of April One thousand seven hundred and seven, and the Articles of Union, it is this Day ordered. That the eldest Sons of all the Peers who Iiave a Right to sit and vote in this Hojtse, have the same Rights and Privileges.'] Entered per Ordinem 26"* Januarii 1707- Vacat. per Ordinem 18° die Aprilis 1788. Vid. another Order substituted in its stead. No. 130. Die Lunse, 14° Februarii 1703. .„ The House taking Notice, that of late the Doorkeepers TV 1 I r ^1 -I „ not to stay within Doorkeepers nave rrequently presumed to come the House whea within the Doors when the House is sitting, muting. contrary to the Rules and Orders of the House; It is this Day ordered. That for the future no Doorkeeper or Doorkeepers, attend- ing this House, do presume to come or stay within the Doors of this House when sitting, (except particularly ordered so to do) ; and this to be added to the Roll of Standing Orders. 43. Ordered, none but Noblemen and the neces- None but Noble- . , men and Attend- sary Attendants or the House to come into the ants to come into Lobby nor the little Committee Chamber. '^^ ^°^^y' ^'• Per Ordinem 23° Maii 1 628. post meridiem. C ( 18 ) 44. Bishops. It would be resolved what Privilege Noble- men and Peers have, betwixt which this Difference is to be observed, that Bishops are only Lords of Parliament, but not Peers, for they are not of Tryal by Nobility ; but all Lords of Parliament, having Privilege for their Servants from Arrests, it is to be known for what Time before and after the Session, as like- wise whether it reach to Retainers. 45. Orders to be read The Clerk is to enter no Order until the Lord Keeper first demand the Assent of the House. Ve p' Li. 14°Decembris 1621, et 23° Februarii 1623. And the Clerk is to read every Order first in the House, before it be entered. V^p' Li. 20° Mail 1626. 46. Fines. Whereas this High Court of the Upper House of Parliament do often find Cause in their Judicature to impose Fines, amongst other Punishments, upon Offenders, for the good Ex- ample of Justice, and to deter others from like Offences ; It is ordered and declared. That at the least once before the End of every Session the Committees for the Orders of the House, and Privileges of the Lords of Parliament, do acquaint the Lords with all the Fines that have ( 19 ) been laid that Session, that thereupon their Lordships may use that Power which they justly have, to take off or mitigate such Fines, either wholly or in part, according to the Measure of Penitence or Ability in the Offenders, or suffer all to stand, as in Equity their Lordships shall find fit. And that until every Session be ended, no Ex- tract is to be made of such Fines set or imposed by Parliament, nor any Copy thereof to be made by the Clerk, without special Order upon Public Motion in a full House. Per Ordinem, 3° Aprilis 1624. For the Tryals of such Persons as shall be brought before the Lords^ and come to Judicature. As this Court is the highest from whence Judicature. others ought to draw their Light, so the Pro- ceeding thereof should be most clear and equal, as well on the one Side in finding out Offences where there is just Ground, as on the other Side in affording all just Means of Defence to such as shall be questioned ; and therefore in all Cases of Moment, the Defendants shall have Copies of all Depositions, both pro et contra, after Publication, a convenient Time before the Hearing, to prepare themselves ; and also if the c 2 ( 20 ) Councel to be admitted. Defendants shall demand it of the House, in due Time, they shall have their Learned Councel to assist them in their Defence ; whe- ther they be able by reason of Health to answer in person or not, so as they choose Councel void of just Exception ; and if such Councel shall refuse them, they are to be assigned as the Court shall think fit; this their Lordsiiips do, because in all Causes, as well Civil as Criminal and Capital, they hold that all lav/ful Helps cannot, before just Judges, make one that is guilty avoid Jus- tice, and on the other Side, God defend that an innocent should be condemned. 48. The calling a Member to the Bar. As for the calling a Member of this High Court to the Bar, their Lordships hold it fit to be very well weighed, at what Time and for what Causes it shall be. Per Ordinem 28° Mali 1624. 49. Imprisonments. Treason, &c. The Privilege of the House is, that no Lord of Parliament sitting the Parliament, or within the usual Times of Privilege of Parliament, is to be imprisoned or restrained, without Sen- tence or Order of the House, unless it be for Treason or Felony, or for refusing to give Security for the Peace. Per Ordinem 18° Aprilis 1626. ( 21 ) Die Martis, 20° Januaiii 1673. 50, Upon Report made this Day from the Lords Lords not to answer Accusa- Committees appointed to consider of the Pri- tions in the vileges of the Peers of this Realm, and Orders n,onsf 00- and Customs of the Lords House of Parlia- ment, &c. to whom was referred the examining of what hath been the Practice in former Times, in Cases of Lords desiring Leave to appear and answer Accusations in the House of Commons, that their Lordships have searched and perused several Precedents, and thereupon conceive that it may deeply intrench into the Privileges of this House for any Lord of this House to answer an Accusation in the House of Com- mons, either in Person or by sending his An- swer in Writing, or by his Councel there. Upon serious Consideration had whereof, and Perusal of the said Precedents in this House, it is ordered, That for the future no Lord shall either go down to the House of Commons or send his Answer in Writing, or appear by Councel to answer any Accusation there, upon Penaltie of being committed to the Black Rod, or to the Tower, during the Pleasure of this House ; and it is further ordered, That this Order be added to the Roll of the Standing Orders of this House, that the Lords may the better take Notice of the same. c i^ ( 22 ) 51. No Lord to go into the House of Commons without Leave. Die Mercurii, 25° Novembris 1696. Ordered, That no Lord of this House sh^ll go into the House of Commons, whilst the House or any Committee of the Whole House is sitting there, without the Leave of this House first had ; and this to be added to the Roll of Standing Orders. 52. Tryal of Peers to be in full Parlia> ment. Die Martis, I'h^ Januarii 1689. Whereas this Day was appointed for taking into Consideration the Report made the Tenth Day of this instant January, from the Lords Committees for Privileges concerning the Tryals of Peers ; after due Consideration had thereof, it is resolved, by the Lords Spiritual and Tem- poral in Parliament assembled, That it is the an- cient Right of the Peers of England to be tryed only in full Parliament for any Capital Of- fences ; and it is ordered, That this Resolution be added to the Roll of Standing Orders of this House. 53. Declaration con- cerning Appeals of Murther, &c. Die Veneris, 17° Januarii 1689. It is declared by the Lords Spiritual and Temporal in Parliament assembled. That the Order made the Fourteenth Day of this Instant January, concerning the Tryal of Peers in Par- ( 23 ) Hament, shall not be understood or construed to extend to any Appeal of Murther or other Felony, to be brought against any Peer or Peers ; and it is ordered. That this Declaration be entered on the Roll of Standing Orders of this House. Die Veneris, 13" Decembris 16G1. 54. For as much as upon "Writs of Error retorn- Writs of Error, able in this High Court of Parliament, the to be delayed. Plaintiffs therein often desire to delay Justice, rather than to come to the Determination of the Right of the Cause ; it is therefore ordered, That the Plaintiffs in all such Writs, after the same and the Records be brought in, shall speedily repair to the Clerk of the Parlia- ments, and prosecute their Writs of Error, and satisfy the Officers of this House their Fees justly due unto them, by reason of the Prosecu- tion of the said Writs of Error, and the Pro- ceedings thereupon, and further shall assign their Errors within Eight Days after the bring- ing in of such Writs, with the Records ; and if the Plaintiffe make Default so to do, then the said Clerk, if the Defendant in such Writs re- quire it, shall record that the Plaintiffe hath not prosecuted his Writ of Error, and that the House doth therefore award that such Plaintiffe shall lose his Writ, and that the Defendant ( 24 ) shall go without Day, and that the Record be remitted ; and if any Plaintiffe in any Writ of Error shall alledge Diminution, and pray a Certiorari, the Clerk shall enter an Award thereof accordingly, and the Plaintiffe may, be- fore In nullo est Erratum pleaded, sue forth the Writ of Certiorari in ordinary Course, without special Petition or Motion to this House for the same; and if he shall not prosecute such Writ, and procure it to be returned within Ten Days next after his Plea of Diminution put into this House, then, unless he shall shew some good Cause to this House for the enlarging of the Time for Return of such Writ, he shall lose the Benefit of the same, and the Defendant in the Writ of Error may proceed as if no such Writ of Certiorari were awarded. Entered per Ordineni 9° Decembris 1670. 55. Die Sabbati, 13°Juliil678. Appeals Time Ordered, That all Persons who shall be de- hmited for bringing in. sirous to exhibit to this House any Petitions of Appeal from any Court of Equity do pre- sent their Petitions within Fourteen Days, to be accounted from and after the First Day of every Session, or Meeting of Parliament after a Recess, after which Time the Lords do de- clare they will, during every such Sitting, re- ceive no, Petition of Appeal, unless upon a ( 25 ) Decree made whilst the Parliament is actually sitting, in which Case the Party who shall find himself aggrieved may bring his Petition of Appeal, provided he present it to this House within Fourteen Days after such Decree is made, and entered in any Court of Equity in England or Wales, Twenty Days in any of the Courts in Scotland, and Forty Days in any of the Courts of Equity in Ireland ; and that this Order be added to the Standing Orders of the House of Peers, and likewise published in print, to the End that all Persons concerned may take notice thereof, and observe it accord- ingly. Die Lunae, 7° Decembris 1691. ,^ 00. Ordered, That for the future upon giving Question on Judgment in any Cases of Appeals or Writs of put for^'eversing. Error in this House, the Question shall be put for reversing and not for affirming; and that this Order be added to the Roll of Standing Orders. Die Jovis, 14° Februarii 1694. 57. Ordered, That no Petition which relates to No Petition for the Re-hearing of any Cause, or. Part of a 1^:;^TI:L Cause formerly heard in this House, shall be Day offered. read the same Day that it is offered ; but shall ( 26 ) lye upon the Table, and a future Day be ap- pointed for reading thereof, after Twelve of the Clock ; and this Order be added to the Roll of Standing Orders of this House. 58. Die Jovis, 3" Martii 1697- Councel who sign Appeals, to Whereas by the Rules and Orders of this have been Coun- __ _ . ,,.. rr-i eel in the Cause House lor preventing the bringing oi irivolous tei7at the° ''" Appeals, all Appeals are to be signed by Two Hearing. Councel ; It is this Day ordered. That no Per- son whatsoever do presume as Councel to sign any Appeal to be brought into this House for the future, unless such Person hath been of Councel in the same Cause in the Courts below, or shall attend as Councel at the Bar of this House, when the said Appeal shall come in to be heard ; and unless he shall certify that in his Judgment there is reasonable Cause of Appeal ; and it is further ordered. That this Order shall be added to the Roll of Standing Orders, and affixed on the Doors of this House, and the Courts in Westminster Hall. Eniendat. per Ordinem 9° Aprilis 1812. Die Martis, 19" Aprilis 1698. Printed Cases to The House taking notice, that upon Ap- CouS in^the pcals and Writs of Error, there have been of ( 27 ) late several scandalous and frivolous printed Cnusc below, or ^ ,,. , -r , />i.TT r. who shall attend Cases delivered to Lords oi this House ; for at the Hearing preventing whereof for the future it is this "' ^ "' '^"^* Day ordered, That no Person whatsoever do presume to deliver any printed Case or Cases to any Lord of this House, unless such Case or Cases shall be signed by One or more of the Councel who attended at the Hearing of the Cause in the Courts below, or shall be of Councel at the Hearing in this House; and this Order to be added to the Roll of Standing Orders, and affixed on the Doors of this House, and the Courts in Westminster Hall. Die Mercurii, 22° Decembris 1703. qq Upon Consideration of the great Incon- Days of Hearing , ^ not to be put off veniences arising by Motions and Petitions for without Two putting off Causes after Days have been ap- ^^^ pointed for hearing thereof, it is ordered, That when a Day shall be appointed for the Hearing any Cause, Appeal, or Writ of Error argued in this House, the same shall not be altered, but upon Petition ; and that no Petition shall in such Case be received, unless Two Days Notice thereof be given to the adverse Party, of which Notice Oath shall be made at the Bar of this House; and it is further ordered, That this Order be added to the Roll of Standing Orders. ( ^^« ; ei. Die Veneris, 26° Januarii 1710. Recognizances Whereas, by Order of the Twentieth of on Appeals to oe entered into in November One thousand six hundred and '^ ^ " eighty, it is directed, that in all Cases, upon Appeals to be brought into this House from the Courts in Westminster Hall, the Party or Parties Appellants shall, before any Answer to his or their Petition, give Security to the Clerk of the Parliaments, by Recognizance to be entered into to His Majesty in One hundred Pounds, to pay such Costs to the Defendant or Defendants in such Appeals as this Court shall appoint, in case the Decree or Judgment appealed from shall be affirmed by this Court j It is this Day ordered, That in all Cases of Appeals to be brought into this House from any Court in Westminster Hall, from any Court of Equity in England or Wales, from any Court in Scotland, or from any of the Courts of Equity in Ireland, the Party or Parties Appellants shall, within Eight Days after such Appeal received, give Security to the Clerk of the Parliaments, by Recognizance to be entered into to Her Majesty, of the Penalty of ' ^our hundred Pounds, conditioned to pay 1 The original Penalty, which was One hundred Pounds, was on the 4th of March 1727 altered to Two^ and by the subsequent Amendment, made on the 6th August 1807, altered to Four hundred Pounds. ( 29 ) such Costs to the Defendant or Defendants in such Appeals as this Court shall appoint, in case the Decree or Judgment appealed from shall be affirmed; and if the Appellant or Appellants shall neglect or refuse to give such Security within the Time aforesaid, that then the Clerk of the Parliaments shall inform the House thereof, and the Appeal from thence- forth to be dismissed. Entered per Ordinem 27° Januarii 1710. Emendat. 4° Martii 1727, et 6" Augusti 1807. Die Martis, 28° Junii 1715. 62. Ordered, That on the Days Causes are ap- Causes to be pointed to be heard, the Cause be ' the Jirst oSerBiSness. Business proceeded on after Prayers, and no other Business to intervene. Emeudat. per Ordinem 13* Mali 1742. Die Sabbatij 13° Junii 1685. g3 Ordered, That for the future neither His Attorney General, nor any Majestie's Attorney General, nor any other Assistant, to be Assistant to this House after having taken his Bar. Place on the Woolsacks as such shall be allowed ' called in precisely at Eleven o' Clock. 64. At the Hearing of Causes, Lords to be on one of the Benches. 65. Privilege to Lords Servants. ( 30 ) to be of Councel at the Bar of this House for any private Person or Persons whatsoever ; and it is further ordered, That this Order be added to the Roll of Standins: Orders of this House. Emendat. per Ordinem 13° Mail 1742. Die Sabbati, 5° Aprilis 1707. Ordered, That if any Lord at the Hearing of a Cause be not on one of the Benches, the Lord Chancellor shall stop Proceedings until such Lord take his Place on one of the said Benches. Entered per Ordinem 28° Junii 1715. How far it is conceived the Priviledge of the Nobility doth clearly extend con- cerning the Freedome of their Servants and Followers from Arrests. To all their menial Servants and those of their Family, as also those employed necessarily and properly about their Estates as well as their Persons. This Freedome to begin ' Twenty Days before the Return of the Writ of Summons in the beginning of every Parliament^ and to continue Twenty Days before and after every Session of ^ from the Date ( ^^ ) Parliament, except in such Cases iv/ierein other Provision hath been made by an Act of Parlia- ment passed in the Tisaelfth and. Thirteenth Year of the Reign of His late Majesty King William the Third, intituled, An Act for pre- venting any Inconveniencyes that may happen by Priviledge of Parliament. All the Lords are to be very careful in this Point, and remember the Ground of this Privi- ledge, which was only in respect they should not be distracted, by the Trouble of their Servants, from attending the serious Affairs of the King- dom ; and that therefore they will not pervert that Priviledge to the Public Injustice of the Kingdom, which was given them only that the whole Realm might, in this High Court, draw the clearer Light of Justice from them, in which Case every one ought rather to go far within, than any way exceed the due Limits. Before any Person be sent for upon this Account, the Lord concerned shall, either by himself or by his Letter, or by some Message, certify the House upon his Ho- nour that the Person arrested is within the Limits of the Priviledge before expressed. And for the Particulars, they must be left to the Judgment of the House, as the particular ( 3^ ) Cases shall come in question, wherein the House wants not all Means, as well by Oath as without, to find out the true Nature of the Ser- vant's Quality in his Lord's Service ; and there- upon if by the House it be adjudged contrary to the true Intent, any Member whatsoever must not find it strange, if in such Case both he himself suffer Reproof, as the House shall think fit, and his Servant receive no Benefit by the Priviledge, but pay the Fees ; whereas the Jus- tice of the Kingdom must be preferred before any personal Respect ; and none to be spared that shall offend after so fair Warning. PerOrdlnem 28" Maii 1624. Emendat. 22° Junii 1715. 66. Attorneys and SoUicitors, no Privilege. Die Mercurii, 24° Martii 1696-7. Ordered, That no Common Attorney or Sollicitor, though employed by any Peer or Lord of this House, shall be allowed Privi- ledge of Parliament ; and that this Order be entered on the Roll of Standing Orders. 67. No Lord to give written Pro- tections. Die Martis, 15° Aprilis 1712. It is this Day ordered. That all written Pro- tections given by any Lord of this House, shall be and are hereby vacated and made void ; and that for the future no Lord of this House shall ( 33 ) give any written Protection to any Person what- soever; and this Order to be printed and pub- lished, and fixed on the Doors of tiiis House and Westminster Hall. Entered per Ordinem 7° Maii 1712. DieJovis, 23<'Novembris 1693. gg It is resolved, and this Day ordered, That No Petition to OS received for this House will not receive any Petition for protecting tiieir protecting their Majesties Servants ; and that ^,^jf "" ^"" this Order be added to the Standing Orders of this House. 69. Ordered, the Goods of privileged Persons Ooods of privi- 1 . -ri • I 11-11 '^K"' l^ersons. taken in Execution, are to be re-delivcred and freed, as well as the Persons. Per Ordinem, 8° Maii 1628. 70. Lords to answer upon Honour, Ordered, That the Nobility of this Kingdom, and Lords of the Upper House of Parliament, whether they be Plaintiffs or Defendants, are of ancient Right to answer or be examined in all Courts upon Protestation of Plonour only, and not upon the common Oath. Per Ordinem 6° Maii 1628. Die Veneris, 30° Aprilis 1675. y^ Ordered, That no Oath shall be imposed by NoOathtotake _,.,, , . in -I away the Privi- any Bill or otherwise upon the Peers, with a lege of Pterage. 72. Concerning examining Wit- ness^s in per- petuam rei memoriam. ( 34 ) Penalty in case of Refusal, to lose their Places and Votes in Parliament, or Liberty of De- bates therein ; and that this Order be added to the Roll of the Standing Orders of this House. Die Mercurii, 3° Julii 1678. The Lords Spiritual and Temporal in Par- liament assembled, do declare that in all Cases wherein it is necessary to examine Witnesses in perpetuam rei memoriam, it shall not be taken to be a Breach of Privilege of Parliament to file a Bill against a Peer in Time of Parliament, and take out usual Process for that Purpose only ; and it is ordered, That this Declaration be added to the Roll of Standing Orders. of Privilege . DieLunae, 14oDecembris 1696. 73 To file an Ori- Ordered, That the filing of an Original, or iBilrnoS of any Bill in Equity, without Service of any Letter or Process thereupon, within Time of Privilege of Parliament, against any Lord of this House, shall not be taken to be a Breach of Privilege of Parliament ; and that this Order be added to the Roll of Standing Orders of this House. ,.. Die Jovis, 12° Novembris 1685. Peers no Pri- The Lord Marquess of Halifax reported, Uament as Trus- That the Lords Committees for Privileges, ( 35 ) to whom it was referred to consider whether Privilege of Peerage shall be allowed to any Peer of this House, wherein he is only a Trustee, have ordered him to report it as the Opinion of that Committee, that Privilege of Parliament ought not to be allowed to Peers in Cases wherein they are only Trustees ; which Opinion the House confirmed, and ordered the same to be entered as a Standing Order of this House. Die Sabbati, 29" Aprilis 1699. Resolved and declared, That no Peer or No Privilege Lord of this House hath Privilege whereby ^vi'iu! ^'°*'"* any Stop or Hindrance may or can be given to the proving the Will of any Person whatso- ever ; and that this Order be added to the Roll of Standing Orders of this House. 75. Die Marlis, 21" Februarii 1692. 76. Ordered and declared, That Privilege of Minor Peers, &c. Parliament shall not be allowed to minor Peers, pailiament. Noblewomen, or Widows of Peers, (saving their Right of Peerage;) and it is further ordered. That if the Widow of any Peer shall be married to a Commoner, she shall not be allowed Privilege of Peerage; and that this Order be added to the Roll of Standing Orders. D 2 ( 36 ) 77. Breach of Pri- vilege, to print Proceedings of the House with- out Leave. Die Lunae, 27^Februarii 1698. Resolved, That it is a Breach of the Privi- lege of this House for any Person whatsoever to print or publish in print any thing relating to the Proceedings of this House, without the Leave of this House ; and it is ordered, That this Resolution be added to the Standing Or- ders, and set on the Doors of this House. 73, Die Jovis, 1 1" Januarii 1699. BreTch'ofVd/ Ordered, That in case of Complaint by any lege to be upon Lord of this House of a Breach of Privilege, Oath, and if not , „ i ii i i • /-. allowed the Lord whcreupon any Person shall be taken into Cus- and^ExpenJet' ^^^^^ ^^^ ^^^^ ''"^"^^' ^^ ^^^ ^«"S^ "P^" Exami- nation of the Matter complained of, shall judge the same to be no Breach of Privilege, the Lord who made the Complaint shall pay the Fees and Expences of the Person so taken into Custody : And it is further ordered. That no Person shall be taken into Custody upon Com- plaint of a Breach of Privilege, but upon Oath made at the Bar of this House. 79. Proxies, no Lord No Lord of this House shall be capable of TwoJ^ ^ "^^ receiving above Two Proxies, nor more to be numbered in any Cause voted. Per Ordinem 25°Februarii 1625. ( 37 ) All Proxies from a Spiritual Lord shall be made to a Spiritual Lord, and from a Temporal Lord to a Temporal Lord. Per Ordinem ibidem. 80. If a Peer having Leave of the King to be Proxies vacated absent from Parliament gives his Proxy, and iirturn!'^ *" afterwards sits again in the House, his coming and sitting again in Parliament doth determine that Proxy. Per Ordinem 25° Aprilis 1626. 8L If a Peer having Leave to be absent makes Proxies, Leave his Proxy and returns, he cannot make a new ^ake! "^ Proxy without new Leave. Per Ordinem ibidem. Die Martis, 1 1° Junii 1689. g2 The Clerk of the Parliaments, in pursuance Proxies not to of the Order Yesterday, shewed several In- judgment. stances, where Proxies have been used in Pre- liminaries to private Causes; it is ordered. That Proxies may be used in such preliminary Cases, but not in giving Judgment ; and that this Order be added to the Roll of Standing Orders. Die Martis, 15° Martii 1697- 83. Ordered, That no Proxy for the future shall be used injudicial be made use of in any Judicial Cause in this Caj« though by D 3 ( 3« ) House, although the Proceedings be by way of Bill ; and that this Order be added to the Roll of Standing Orders. 84. Die Lun£E, ] 1° Fcbruarii 1694. dl^ProxTestir The House this Day taking into Considera- they vote in the tion, whether a Lord voting in the Question, Question. , , , • i • -ir and having a Proxy, is obliged to give his Vote in respect of such Proxy ; it is ordered, That a Lord having a Proxy, and voting in the Question, such Lord ought to give a Vote for that Proxy, in case Proxies be called for; and it is ordered, That this Order be added to the Standing Orders of this House. 85. Die Sabbati, 20' Martii 1696. fjo Proxy of a Ordered, That the Proxy of no Lord shall be Lord to be ^ i • j i i i enteied on the entered the same Day on vontcn he has been -pre- preLnt, nor any ^^^'^ ^'^ '^'^ Hotise, and that uo Proxy entered Proxy entered j„ jhe Book after ' Three of the Clock, shall be after 3 o Clock "^ to he used the made use of the same Day in any Question, and ih&t the Clerks give an Account thereof to the House. Entered per Ordinem 16°Januarii 1702. Eniendat. per Ordinem 19" Mail 1813. ' Prayers E. Banbury. ( 39 ) The Order concerning the Precedency granted to the Earl of Banbury, before divers other Lords of an ancienter Crea- tion, which is to be read at the beginning of every Session, (viz*.) 86. The Lords in this Parliament having P'ecedencyof understood, by the Lords Committees for the Privileges of the House, that they are clearly of Opinion, the Act of Parliament Sl^o H. 8. is most strong and plain for the settling the Pre- cedency of the Peers according to their Ancienty and Times of Creation, have, upon full and deliberate hearing and examining the said Act in every Part in open House, adjudged, and do adjudge and declare the said Act of 31™° H. 8. to be full and direct in the Point, to enjoyn every Peer upon new Creation, to have place, according to the Time of his Crea- tion, and Date of his Letters Patents, and no otherwise, and every other ancient Peer to hold his Place according to his Antiquity and Creation and no otherwise, unless it be in case of such Persons and in such Places as the said Act doth particularly mention : And whereas His Majesty was pleased to send a gratious Message to this House, to let us know, that it was never his Intention to innovate any thing in that kind, or by that particular Creation to D 4? ( 4.0 ) win any Power contrary to Law or ancient Custom, in matter of placing any one before the other, but that His Majesty having resolved to confer that Dignity on that noble Person, at the same Time with the others then advanced, he being the first in quality of them, was con- sequently to have had the first Creation, but being at that Time casually forgotten, and His Majesty afterwards remembered of him, he did but assign him that Rank, which at first was intended, without the least Thought of injuring any in the present, or ever to do the like in future; as also His Majesty desired this might pass for once, in this Particular, consider- ing how old a Man this Lord is and childless, so that he may enjoy it during his Time, with this Assurance, That His Majesty will never more occasion the like Dispute, but allow De- grees to be marshalled according to the Statute in that Behalf; the Lords do give His Majesty very humble and hearty Thanks for his princely Care to satisfy this House of his clear Intentions, and are contented (the Lords particularly in- terested in the Precedency having first given their Consents) that the said Earl may hold the same Place as he now stands entered for his Life only, and that Place of Precedency not to go to his Heires, with this Proviso, that it shall nut in the least Degree be brought into ( 4.1 ) Example to prejudice the undoubted Right of the Peers^ according to the full Judgment pro- nounced, and with this solemn Protestation, that as His Majesty hath been pleased to pro- mise he will never in the future seek to break the Precedency settled according to the Anti- quity of the Creation in any Sort, so the Lords will never upon any Occasion hereafter give way to any Precedency, though but for Life, or temporary, in any Point impugning or contradicting this Judgment grounded upon the aforesaid Statute delivered upon so great and sound Deliberation, and Advice, with a general Consent, which they have caused to be entered and inrolled, and shall be read at the beginning of every Session in the open House, amongst the Orders. Per Ordinem 10= Die Aprilis 1628. Die Sahbati, 5° Martii 1 G41 . 87. ^Ordered by the Lords in Parliament, That such Protestation or Lords as shall make Protestation, or enter their Dis- "*'^"'' sents to any Votes of this House, as they have a Right to do without asking Leave of the House, either with or without their Reasons, shall make their said Pro- testation, or give Direction to have their Dissents entered into the Clerk's Book, the next sitting Day of this House ; or else the said Protestation or Dis- sent to be void and of none Effect.'] Einendat. 22° Junii 1715. Vid. an Order substituted instead of this, dated 27th Feb.1721, and numbered 1 14.. 88. ( 42 ) Die Lunse, 27° Julii 1663. Peers by Descent Upon Report from the Committee for Privi- not to be in- t t i troduced. ' ieges, concernmg the Introduction of Lords by Descent into the House of Peers ; It is resolved, by the Lords Spiritual and Temporal in Parlia- ment assembled, That all Peers of this Realm by Descent, being of the Age of One and twenty Years, have Right to come and sit in the House of Peers without any Intro- duction. Resolved, That no such Peers ought to pay any Fee or Fees to any Herauld upon their first coming into the House of Peers. Resolved, That no such Peers may or shall be introduced into the House of Peers by any Herauld, or with any Ceremony, though they shall desire the same. Resolved, That these Votes be entered and ajffixed to the general Roll of Orders of the House of Peers, to prevent all Questions or Claims of this Kind for the future. Die Martis, 28° Junii 1715. 89. Peers claiming Ordered, That every Peer of this Realm, wtioSsTnR^™' claiming by virtue of a Special Limitation in mainder to be Remainder, and not claiming by Descent, shall introduced. ° •' be introduced. ( •1'3 ) Die Jovis, 2° Martii 166*. 90. Upon Report from tlie Loi'cis Committees lor Concerning Bills T» . M I . t' 1 ■¥->' -w-% 'o' Restitution Frivneges, that m pursuance oi the rirst Part in Wood. of the Order of the Twenty-fourth Day of Feb- ruary last, directed to the Committee upon the Reading of a Bill for restoring S"" Charles Stanley in Blood the First Time, whereas the said Bill began in the House of Commons ; it appearing by the Records of Parliament, that all Bills for the Restitution in Blood ought, be- fore they be admitted and received in Parlia- ment, (upon humble Petition) to have th6 King's Allowance for presenting the said Bills, and that then they are to be presented and be- gun in the House of Peers ; contrary to which Privilege, there having been Errors committed by reason of beginning some Bills of this Na- ture in the Lower House, our late Sovereign King James was pleased to take Notice thereof openly ; giving Admonition to both Houses concerning one Act, (namely for Restitution of Rowland Merrick in Blood) that no such Act of Restitution from thenceforth should be pro- ceeded withall in Parliament, till the same were first allowed and signed by the King, and that then it ought to begin first in the Higher House, whereof His said Majesty did expressly will an Observation and Remembrance to be ( 44 ) made ; notwithstanding which Rule, by reason of the Interruption of the regular and parlia- mentary way of Proceedings, occasioned by the late tumultuous Times, whereby S'' Charles Stanley and his Councel have been mistaken in the proper Way of bringing a Bill for Restitu- tion in Blood into the Parliament j the Lords Spiritual and Temporal in Parliament assem- bled, do declare, that although they have been pleased to receive the said Bill, yet it is with this positive Resolution, that for the future, no such Act of Restitution shall be proceeded withali in Parliament, till the same be first allowed and signed by the King's Majesty, and that then it shall begin first in the House of Peers ; and that to this Purpose, the said Reso- lution of this House, conformable to the Orders of the 22d and 27th of May, in 3° Jacobi 1606, be entered upon the Roll of the Standing Orders of this House. 91. Journal Book, Committee for perusing to meet after the Session. Die Jovis, 23° Mail 1678. Ordered, That the Lords Sub -Committees for Privileges, and Perusal of the Journal Book, have hereby Power given them to examine so much of the Journal Book of this House as was left unexamined at the last Prorogation ; and that for the- future, the said Lords Sub-Commit- tees are hereby impowered to meet after every ( 45 ) Session for examining of so much of the Journal Book, as shall be left unexamined at the Time of the ending of such Session, without any further Order. Entered perOrdinem 9°Novembris 1685. Die Mercurii, 19°Martii 1678. g^ Whereas by an Act passed in the Thirtieth Lords to he sworn at the Year of His now Majestie's Reign, intituled, First sitting of An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Par- liament; all and every of the Peers of this Realm, are to take the Oaths of Allegiance and Supremacy, and make and subscribe the Declaration in the said Act contained, in such Manner as therein is directed : Now for pre- venting Interruption of Debates by the late coming in of Lords to take the said Oaths, and make and subscribe the said Declaration ; It is ordered, That such Peers as have not taken the said Oaths, and subscribed the said Declaration, and come to the House with an Intent to do the same, are to be present for that Purpose at the First Sitting of the House : And it is further ordered, That this Order be added to the Roll of the Standing Orders of this House. 93. Lords not to sit in Parliament befoie Twenty- one. ( ^(^ ) Die Veneris, 22" Maii 1685. Ordered, That no Lord under the Age of One and twenty Years shall be permitted to sit in this House; and it is further ordered, That tliis Order be added to the Standing Orders of this House. 94. Consents to private Bills to be personal. Notice of a Committee to be affixed on the Doors 1 4 Days before Meeting. Die Mercurii, 20° Aprilis 1698. Ordered, That for the future it be a general Instruction to all Committees who shall meet upon private Bills, that they take no Notice of the Consent of any Person to the passing of such Bill, unless such Person appear before them, or that there be an Affidavit of Two Persons made, that he or she is not able to attend, and doth consent to the said Bill ; and that when any Committee shall be appointed on a private Bill, Notice thereof be affixed on the Doors of this House, Fourteen Days before the Meeting of the said Committee ; and that this Order be added to the Roll of iStanding Orders. gr Die Jovis, 7° Decembris 1699. No private Bill Ordered, That for the future no private Bill to be brought in , ,, , , , . i • tt mi without Leave siiaii be brought into this House, untd the upon e I ion. j^Q^gg ^g informed of the Matters therein ( '^7 ) contained, by Petition to this House for Leave to bring in such Bill ; and that this Order be added to the Roll of Standing Orders. Die Veneris, 16" Novembris 1705. .. 96. Ordered, That for the future, no private Private Bills to Bill shall be read in this House a Second Time read!" ^ until printed Copies thereof be left with the Clerk of the Parliaments, for the Perusal of the Lords, and that one of the said Copies shall be delivered to every Person that shall be con- cerned in the said Bill, before the Meeting of the Committee upon such Bill ; and in case of Infancy, to be delivered to the Guardian or next Relation of full Age, not concerned in Interest, or in the passing the said Bill ; and that this Order be added to the Roll of Standing Orders, and printed and published, to the End all Persons concerned may take Notice thereof. Emendat. per Ordinem 13° Mali 1742, Die Lunae, 14** Januarii 1705. p- Ordered and declared, That for the future, Privnte Bills not when any Cause shall be appointed to be heard hearing of in this House, no private Bill whatsoever shall C''"^^^' be read that Day, before the Hearing of the Cause. Entered per Ordinem 18° Januarii 1705. ( 48 ) 98. Petitions for private Bills to be signed by all Parties con- cerned. 99. To be referred to Two Judges. 100. Committee to take care the falue of the Lands be made out. Die Sabbati, 16" Februarii 1705. Ordered, That for the future all Parties con- cerned in the Consequences of any private Bill shall sign the Petition that desires Leave to bring such private Bill into this House. Ordered, That when a Petition for a private Bill shall be offered to this House, it shall be referred to Two of the Judges, who are forth- with to summon all Parties before them who may be concerned in the Bill ; and after hearing all the Parties, and perusing the Bill, are to report to the House the State of the Case, and their Opinion thereupon, under their Hands, and are to sign the said Bill ; the same Method to be observed as to private Bills that are brought up from the House of Commons, before the Second Reading of such Bills, by sending a Copy of the said Bill, signed by the Clerk, to the Judges. [^Ordered, That where a Bill is brought in to im- power any Person to sell or dispose of Lands in one Place, and buy or settle Lands in another, the Com- mittee to whom such Bill shall be referred, do take care that the Values be fully made out, and that there be an Agreement for the Purchase ; and also, do take care in the Bill, that the Purchase be effectually made and settled, as desired in such Bill.'] Vacat. per Ordinem 19° Mali 1762, and the Order No. 126 substituted in its stead. ( 49 ) 101. Ordered, That in all Cases where Trustees Trustees to • 1 1 . appear personally shall be appointed by any private Bill, the to accept the Committee to whom that Bill is referred, do '^"**" take care that the Trustees appear personally before them, and accept the Trust under their Hands; and also, that the Lord who shall be in the Chair of a Committee for the passing of any private Bill, when he makes his Report, shall acquaint the House, that all the Orders of the House, in relation to private Bills, were duely observed in the passing the said Bill through the Committee. ^ 102. Ordered, That for the future when any All Orders re- ' *' iating to private private Bill shall be sent by the House to a Bills to be laid _, . , 1 ,1 , 1 m- before the Com- Committee, there shall be at the same lime mittee. transmitted to them a Copy of these Orders, now made, and of all other Standing Orders of the House then in force, relating to the passing of private Bills. Entered per Ordinem 19"Februarii 1705. Die Mercurii, 18° Decembris 1706. i03. The House being informed, that upon the rS,\ei"by''thc Reference of Petitions for private Bills to the Judges, except * ^ _ where the Refe- Judges, pursuant to the Standing Orders of this rence is made to House, there arises some Difficulty, as to the judges in Scot- Examination upon Oath of the Persons who ['^te^fiVst'twon'! are produced before them to prove the Fact as at the Bar of the House, E ( 50 ) to the Merits of such Bills ; it is ordered, That upon the Reference of any private Bill to the Judges as aforesaid, the Judges to whom the said Bill shall be referred, unless the same shall be referred to the Judges of those Parts of the United Kingdom called Scotland or Ireland, shall send to this House a List or Lists of such Persons Names as are to be sworn in relation to such Bill, and that they shall be thereupon sworn at the Bar of this House, in order to be examined by the Judges upon such Oath, in relation to the Bill before them. Entered per Ordinem 20° Decembris 1706. Emendat. per Ordinem 9° Decembris 1801 . jQ^ Die Veneris, 28° Aprilis 1699. No Motion to Ordered, That for the future no Motion shall making a Stand- be granted for making any Order of this House ing Order or ^ Standing Order, or for dispensing with a dispensing there- o ' r o with, the same Standing Order of this House, the same Day it Day made, . is made, nor before the House shall be sum- moned to consider of the said Motion ; and this to be added to the Roll of Standing Orders. 105. Certificates to be Djg Veneris, 21° Februarii 1717. given of Certio- raries being Ordered, That in all Cases upon Writs of awarded con- ^ cerning Writs of Error, depending in this House, when Diminu- Error. ( •'^l ) tion shall be at any Time alledgcd, and a Certiorari prayed and awarded, before In nullo est Erratum pleaded, the Clerk of the Parlia- ments shall, upon Request to him made, give a Certificate that Diminution is so alledgcd, and a Certiorari prayed and awarded thereupon; and it is further ordered. That this Order be entered on the Roll of the Standing Orders of this House. Die Veneris, 15" Januarii 1719. iqq Ordered, That when upon an Appeal to this Peremptory * * "^ Days to be ap- House, an Order is made for the Respondent pointed for to answer thereunto by a Time limited, and no Appeal's.^ Answer is put in by that Time, upon Proof made of due Service of such Order, a peremp- tory Day shall be appointed for putting in the Answer, without any further Notice to be given to the Respondent. Entered per Ordinem 19° Die Januarii 1719. Die Martis, 29° Martii 1 720. 1 07. Ordered, That such Appeals as have been AnsvverVhave "^ ' presented during this Session, to which An- ^'^en put in in » O ' one Se&sion, but swers have been or shall be put in during this not appointed for £-,.,, , hearing, to be Session, and 'Jbr hearing 'whereof no "Day hath brought on the beginning of the ■ — — next Session, or stand dismissed. ' which shall not he determined E 2 ( 52 ) been or shall he appointed in tliis Session, and :ill such Appeals as shall be presented in any subsequent Session to which Answers shall be put in during the same Session, and 'jfer hear- ing *whereofno Day shall he appoitited in such Session ; if neither the Appellant or Respon- dent shall apply to this House within Eight Days, to be accounted from and after the First Day of the next Session or Meeting of Parlia- ment, for a Day for hearing, such Appeals shall stand dismissed, but without Prejudice to the Appellants presenting any new Appeals there- after as they shall be advised. Emendat. per Ordinem 5° Aprilis 1734. 108. Appeals to which Ordered, That such Appeals as have been no Answers are put in, to stand presented during this Session, to which no dismissed, unless . , , i ii i , • i • prosecuted in the Auswers have been or shall be put m dunng beginning of the ^j^jg gcssion, and all such Appeals as shall next Session. * * be presented in any subsequent Session, to which no Answers shall be put in during the same Session ; if neither the Appellant within Eight Days, to be accounted from and after the First Day of the next Session or Meeting of Parliament, shall apply to this House to ap- point a peremptory Day to answer; nor the Respondent put in an Answer within the said ' not dttermmed ( 53 ) Eight Days, such Appeals shall stand dismissed, but without Prejudice to the Appellants pre- senting any new Appeals thereafter, as they shall be advised. 109. Ordered, That when any Answer to an Ap- Answers to peal shall be put in for the future, the Clerk to endorsed, mid whom it shall be delivered, do immediately en- !''" '^',T' ^''!'" ' J brought m to be dorse thereon the Day on which such Answer entered. is brought in, and that the Names of the Parties answering, and to whose Appeals such Answers are put in, be the same Day entered in the Journal of this House. Entered per Ordinem 5° Aprilis 1720. Die Veneris, 3° Junli 1720. Uq. The House (according to Order) proceeded Explanation and ^ ° ' *^ Addition to the to take into Consideration the Statiding Order Order concern- p 1 1 f> T 1 • 1 • '"S Priviledge, or the 11th oi January 1699, which requires viz'.thatan Affi- Oath of a Breach of Priviledge to be made at fh^rlof •/"'"''* the Bar of this House in order to the taking I'^iand may be ° sufficient to take any Person into Custody, and the same being the Person into read, this Explanation of, and Addition to the "* ° ^' said Order was made ; (viz'.) That the same is to be understood only of Breaches of Privi- ledge committed in Great Britain ; but that Oath made by Affidavit in Writing of a Breach of Priviledge committed in Ireland, may be sufficient Ground to take into Custody the Per- e3 ( 54 ) son thereby proved to have been guilty of such Breach of Priviledge, though no Oath be made thereof at the Bar of this House. Ordered, That the said Explanation and Addition be entered on the Roll of Standing Orders. 111^ DieLunae, 19°Decembris 1720. To prevent Dis- Upon Report from the Lords Committees, orders in the . . • i i House when His appointed to consider of the great Disorders that presem! '^ have been in this House, especially when His Majesty is present, and of proper Methods to prevent the same for the future; it is ordered. That when His Majesty shall come publickly to this House, all the Lords shall be in their Robes, and sit in their due Places. That at all such solemn Times, before His Majesty comes, all the Doors of this House, and those leading thereunto, 'particularly to the Princess Chamber ^ shall be kept shut, and no Person whatsoever (except the Lords and Assistants of this House, the eldest Sons of Peers who have a Right to sit and vote in this House, and the Officers and Attendants thereto belonging) shall be suffered to come within the Doors thereof, other than the Master of the Ceremonies, and such as he shall certifie the ( ''^5 ) Lord Great Chamberlain to be Foreign Minis- ters, or other Foreigners of Distinction ; nor shall any Ladies or Men be permitted to come into the House at any of the Dooi's, unless some Lord doth move the House for such by Name ; and on the First Day of a Session, none but such as shall apply by Name to the Lord Great Chamberlain.^ or his Deputy, and be ad- mitted by his Lordships Directions : And that no Person whatsoever do presume to stand upon the Throne or Steps thereof, but such as carry His Majesty's Train, who shall stand behind the Chair of State, and those that bear the Regalia upon the Second Step of the Throne. That on such Days as His Majesty shall come publickly to this House, the Painted Chamber, and Lobby leading from it to the House, shall, by the Care of the Gentleman Usher of the Black Rod, the Yeoman Usher, and Door Keepers, be kept clear from Foot- men, and all other Persons (except such Gentlemen and Servants as attend the Lords with their Robes,) and that no Person be co- vered when any Lord is there ; and also that the Knight Marshal's Men, appointed to attend this House, do take care to keep the Stairs, and Avenues leading thereunto, free from Dis- E 4 ( 56 ) turbance by Footmen or any other Persons : And further, that the Lord Great Chamberlain, or his Deputy, be desired to take care and give charse to the said Gentleman Usher, Yeoman Usher, and Door Keepers, as also to the said Knight Marshal's Men, respectively, to see this Order duly observed; and that it be printed and published, and affixed on the Doors belong- ing to this House and Westminster Hall, to the end all Persons may the better take Notice of the same. Entered per Ordinem 22" Decembris 1720, with this Addition ; (viz'.). That it be affixed on the Doors belonging to this House and Westminster Hall, the first Day of every Session of Parliament. Eniendat. per Ordinem 22°rebruarii 1/33. J j2 ^^^ Mercurii, 25° Januarii 1720. Order of the Day Ordered, That when an Order of the Day for publick _ ^ _ _ •' Business not to is appointed to be read for taking any publick be read 'till the , , y~. • i • i t i i_ House is cleared. xJusmess mto Consideration, the Lord on the Woolsack do stop the reading of the Order 'till the House shall be cleared of all Persons that have no Right to be in the House when sitting, if any such shall be there at that Time. Entered per Ordinem 26'^ Januarii 1720. ( 57 ) Die Mercurii, 31° Januarii 1721. 113. Notice being taken that the Works, Lives, Breach of Privi- and last Wills of divers Lords of this House, Works.&c.ofany have been frequently printed imperfectly and Death'ukhout published after their Deaths, without the Di- the Consent of * _ , the Heirs, &c. rection or Consent of the Heirs, Executors, of such Lord. Administrators, or Trustees of such Lords j it is therefore resolved and declared by the Lords Spiritual and Temporal in Parliament assembled, That if after the Death of any Lord of this House, any Person presume to publish in print his Works or any Part of them^ not published in his Life-time, or his Life or last Will, without Consent of his Heirs, Executors, Administrators, or Trustees, the same is a Breach of the Priviledge of this House. Ordered, That the said Resolution and De- claration be entered on the Roll of the Standing Orders of this House, and printed and pub- lished, and affixed on the Doors of this House, to the end all Persons that may be therein con- cerned may the better take Notice of the same. Die Martis, 27° Februarii 1721. 114. Ordered, That such Lords as shall make Protestation or Protestation, or enter their Dissents to any Votes of this House, as they have a Right to do vvithout asking Leave of the House, either with or without their Reasons, shall cause their ( 58 ) 115. Clerks and Officers not to be displaced without Leave. 116. Protections declared void, and none here- after to be entered. Protestation or Dissents to be entered into the Clerk's Book, the next sitting Day of this House, before the Hour of Two o' Clock, otherwise the same shall not be entered, and shall sign the same before the rising of the House the same Day. Entered per Ordinem 3° Martii 1 72 1 . Die Jovis, 6° Februarii 1723. Ordered, That the Clerk ' Assista7it and other Clerks officiating at the Table of this House, {except the Clerk of the Parliaments *) shall not be at any Time suspended or " removed from their Offices or Employments without ^ the Order of the House. Entered per Ordinem 10° Februarii 1723. Eniendat. per Ordinem 8° die Februarii 1825. * See Stat. 5" Geo. IV. c. 82. sect. 2 & 3. Die Martis, 25° Februarii 1723» The Order of the Day being read for taking into Consideration the several Lists of Certifi- cates of written Protections delivered Yesterday at the Bar, by the Secondarys of the Two Compters in London, the UndersherifF of Middlesex, and the High Bailiff of Westmin- ster, which are entered in their respective Offices; and the said Officers attending, were called in, and the Standing Order of this } s and inferior Officers, attending 2 displaced 3 Leave ( 59 ) House, of the 15th of April 1712, in relation to written Protections, being read, they were severally examined as to their Knowledge of the said Order, as also touching the Manner or Method of their entering written Protections, and then they were directed to withdraw, and the following Order and Declaration was made. Ordered and declared. That all the said written Protections are null and void, and all other Protections which shall be at any Time hereafter given contrary to the said Standing Order shall be taken to be null and void, and that no Sheriff, Undersheriff, Deputy Sheriff, Secondary, or other Officer, whose Duty it is to issue any legal Process, or to execute the same, or cause the same to be executed, shall receive or allow, or have any regard to, or make any Entry in his Office of any written Protection which is or shall be sisned or pretended to be signed by any Lord of this House ; but that nothing herein contained shall be understood in any sort to derogate from the ancient Priviledge of the Lords of Parliament, with respect to their menial Servants and those of their Family, as also those employed neces- sarily and properly about their Estates, as well as their Persons, or to expose to Arrests ( eo ) tliose who are really Servants to them as aforesaid. Entered per Ordinem 29° Februarii 1723, with this Addition ; viz^., That it be forthwith printed and published, and affixed on the Doors belonging to this House and West- minster Hall, to the end all Persons may the better take Notice of the same. 117. Printed Cases in A] of distributed to the Lords Four Days before the Hearing. Die Veneris, 18° Decembris 1724. Ordered, That in all Causes on Appeals or of Error To be'^"'' Writs of Error appointed to be heard in this House, the Appellants and Respondents, the Plaintiifs and Defendants, or their respective Agents or Sollicitors, do for the future deliver to the Clerk of the Parliaments or Clerk Assistant, to be distributed to the Lords of this House, the printed Cases upon such Appeals or Writs of Error, at least Four ^ Days before the Hearing of the same ; and that no other or different Cases in any such Causes be at any Time after- wards printed or delivered; and it is farther ordered. That this Order be forthwith printed and affixed on the Doors of this House and Westminster Hall, to the end all Persons therein concerned may the better take Notice of the same. Entered per Ordinem 12°Januarii 1724. Emendat. per Ordinem 28° Februarii 1764. Two ( Gl ) Die Jovis, 24° Martii nS.'J. 1 18. Ordered, That no Petition of Appeal from T imiting the any Decree or Sentence of any Court of Equity Years'for°bring- in England or Ireland, or of any Court in '"e Am'eak. Scotland, before this Time signed and inrolled, or extracted, shall be received by this House after Five Years, to be accounted from the Expiration of this present Session of Parlia- ment, and the End of the next Session ensuing the said Five Years ; nor shall any Petition of Appeal from any Decree or Sentence of any of the said Courts, to be hereafter signed and in- rolled, or extracted, be received by this House after Five Years from the signing and inroUing, or extracting of such Decree or Sentence, and the End of Fourteen Dai/s, to he accounted from and after the First Day of the Sessioii or Meeting of Parliament next ensuing the said Five Years, unless the Person entitled to such Appeal be within the Age of One and twenty Years, or covert, non compos mentis, impri- soned, or out of Great Britain and Ireland; in which Case such Person shall and may be at liberty to bring his Appeal for reversing any such Decree or Sentence, at any Time within Five Years next after his full Age, Disco verture, coming of sound Mind, Enlargement out of Prison, or coming into Great Britain or Ire- ' the next Session ( 62 ) 119. Method of Councel's pro- ceeding at the Hearing of Causes. land, and ' Fourteen Daysy to he accounted from and after the First Day of the Session or Meeting of Parliament next ensuing the said Five Years, but not afterwards or otherwise. Entered per Ordinem 29° Martii 1726. Emendat per Ordinem 2° Junii 1737. Die Sabbati, 2° Martii 1727. Upon Report from the Committee of the Whole House, appointed to take into Consider- ation Matters relating to the Proceedings on Appeals and Writs of Error; It is ordered. That at the Hearing of Causes for the future, One of the Councel for the Appellants shall open the Cause ; then the Evidence on their Side shall be read ; which done, the other Councel for the Appellants may make Observa- tions on the Evidence; then One of the Councel for the Respondents shall be heard, and the Evidence on their Side to be read ; after which the other Councel for the Respondents shall be heard, and one Councel only for the Appel- lants to reply. Entered per Ordinem 4° Martii 1727. 120. Die Mercurii, 17° Martii 1730. What shall be Ordered, That no Declaration made by any Waiver of Pri- Lord of this House of a Waiver of his Pri- viledge. viledge shall be construed to be a Waiver of ' the End of the next Session of Parliament ( 63 ) Priviledge, unless it be in Writing, signed by himself, or unless such Declaration be made in Person openly in this House. Entered per Ordinera 22° Marti! ] 730. Die Veneris, 25° Februarii 1731. 121. Ordered, That all the Lords who shall come Lords who come /-I • p T-» • •! 1 1 11 1 '° ^ Committee to any Committee or Priviledges, shall be of of Priviiedges to that Committee. ^ ° "* Entered per Ordinem 29° Februarii 1731. Die Veneris, 5° Apr His 1 734. 1 22. '[Upon Report from the Lords Committees appointed Appeals to be to consider the Standing Orders of this House, in 'f^"'''' *" course relation to the hearing of Appeals ; it is ordered. That Sessions as ihey all such Appeals as have been presented, for hearing stand appointed, whereof Days have been appointed during this Session, which shall not be determined in this Session, and all such Appeals as shall be presented, for hearing whereof Days shall be appointed in any subsequent Sessioti, which shall not be determined in the same Session, shall be heard and determined in the beginning of the next Session of Parliament, in the same. Order and Course as they shall stand to be heard at the End of this or any other Session, without any new Application to this House to appoint a Day for hearing the same ; and that such of the said Appeals as shall stand first to he heard at the End of this or any other Session, shall stand to be heard upon the first Monday after the first Day of the next Session or Meeting of Parliament, the second upon the Wednesday, the third upon the Friday following, and from thence the rest in course upon every Monday, Wednesday, and Friday, until they shall be all heard aiid determined : And it is further ordered. That this Order be and is hereby declared to be a Standing Order of this House, ( (^^ ) a7id entered on the Roll, and that it be printed and published, and affixed on the Doors of this House and Westminster Hall, to the End all Persons that shall be therein concerned may the better take Notice of the same.'] Vacat. per Ordinem 8° Junii 1 749, And the Order No. 124. substituted in its stead. 123. Die Veneris, 28° Martii 1735. Relative to Upon Report from the Lords Committees imtting in of ^ Answers to appointed to consider of the Standing Orders ppea s. ^^ ^j^.^ House, in relation to the putting in of Answers to Appeals ; it is ordered and declared, That when upon an Appeal to this House, an Order hath been or shall be made for the Re- spondent or Respondents to answer thereto by a Time limited ; if the Session of Parliament, wherein such Order hath been or shall be made, shall determine before the Time so limited for answerhig shall be expired, and no Answer shall be put in during the same Session, Service of such Order upon the Respondent or Respondents to such Appeal by the Space of Five Weeks, at the least, before the first Day of the then next Session, shall be deemed good Service, and the Appellant may apply to this House for a peremptory Day for putting in the Answer, in case the Respondent or Re- spondents shall not put in his or their Answer within Three Days, to be computed from the first Day of the next Session of Parliament; and it is further ordered, That this Order and ( ^>-5 ) . Declaration be entered on the Roll of Standing Orders, and printed and published, and alfixed on the Doors of this House and Westminster Hs^ll. Die Jovis, 8° Junii 1749. 124. Upon Report from the Lords Committees Appeals to be 1 -iioTy^i o heard in the next appomted to consider tlie btandmg Urder ot session as tlicy this House of the 5th of April 1734, in relation stand appointed. to the hearing of Appeals left undetermined in a former Session, and what Alterations or Amendments are proper to be made therein, in order to render the same more effectual ; It is ordered, That all such Appeals as have been presented, for hearing whereof Days have been appointed during this Session, which shall not be determined in this Session, and all such Appeals as shall be presented, for hearing whereof Days shall be appointed in any subse- quent Session, which shall not be determined in the same Session, shall be heard and deter- mined in the beginning of the next Session of Parliament, in the same Order and Course as they shall stand to be heard at the End of this or any future Session, without any new Appli- cation to this House, to appoint a Day for hearing the same j and that such of the said Appeals as shall stand first to be heard at the End of this or any future Session of Parliament, shall stand to be heard upon the Wednesday in the Week next after that Week in which ( CG- ) any subsequent Session of Parliament shall begin, the Second upon the Friday following, and the Third upon the Monday following, and from thence the Rest of the said Appeals in course, upon every Wednesday, Friday, and Monday, until they shall be all heard and determined ; and that in case any such Appeal shall not be adjourned by Order of this House, made before the Day on which the same is hereby appointed to be heard, and the Party or Parties on one Side shall attend by their Councel, and the Party or Parties on the other Side shall not attend by their Councel on the said Day appointed for hearing thereof, such Appeal shall be heard ex parte ; and in case neither of the Parties to such Appeal shall attend by their Councel on the said Day ap- pointed for hearing thereof, then such Appeal shall stand absolutely dismissed, but without Prejudice in this last Case to the Appellant or Appellants presenting any new Appeal there- after, in such Manner as the said Appellant or Appellants might have done in case such former Appeal had not been presented to this House, as he or they shall be advised. Ordered, That the Standing Order afore- mentioned be vacated and made void, and that this Order be substituted instead thereof, and declared to be a Standing Order, and that it ( 67 ) be entered on the Roll of Standing Orders, and printed and published, and affixed on the Doors of this House and Westminster Hall. Die Mercurii, 8" Junii 1757. 125. Ordered and declared, by the Loi'ds Spiritual No Priviied?e and Temporal in Parliament assembled. That Habeas Corpus. no Peer or Lord of Parliament hath Priviledge of Peerage, or of Parliament, against being compelled by Process of the Courts in West- minster Hall, to pay Obedience to a Writ of Habeas Corpus directed to him ; and it is further ordered. That this Order and Declara- tion be entered upon the Roll of the Standing Orders of this House. Die Mercurii, 19° Mali 1762. J 26. Upon Report made from the Lords Commit- Concerning Biiu for selling Lands tees appointed to take into Consideration the and purchasing Roll of Standing Orders of this House, in rela- settled in lieu tion to the Standing Order of the 1 6th of Feb- ^^^'^°^' ruary 1705, No. 100 ; It is ordered, That where a Bill is brought in to impower any Person to sell or dispose of Lands in one Place, and to buy or settle Lands in another Place, the Com- mittee to whom such Bill shall be referred, do take care that the Values be fully made out ; and if the Bill shall not be for making a new Pur- chase, but only for settling other Lands in lieu of those to be sold, in that case Provision shall F 2 ( G8 ) be made in the Bill, that such other Lands be settled accordingly ; but if the Bill shall be to purchase and settle other Lands, in that Case the Committee are to take care that there be a binding Agreement produced for such new Purchase, or if it shall be made appear to the Committee that such Agreement cannot then be made, or that such Purchase cannot then be made, and settled as desired by the Bill, and the Committee shall be satisfied with the Reasons alledged for either of those Purposes, in either of those Cases Provision shall be made in the Bill, that so much of the Money arising by Sale of the Lands directed to be sold, as is to be laid out in a new Purchase, shall be paid by the Purchasor or Purchasors into the Bank of England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, to be placed to his Account there, ex-parte the Purchasor ' or Purchasors of the Estate of the Person or Persons mentioned in the Title of the said Bill {^), pursuant to the Method prescribed by the Act of the 12th Year of King George the First, Cap. 32, and the General Orders of the said Court, and without Fee or Reward, according to the Act of the Twelfth Year of King George the ^ so paying it in [naming him] if) These Amend- ments made 18 March 1 777. ( G9 ) Second, Cap. 24- ' ; and shall ivhcn so paid in be laid out in the Purchase of Navy or Victual- ling Bills or Exchequer Bills : And it isjurther ordered, That the Interest arising from the Money so laid out in the said Navy or Victual- ling Bills or Exchequer Billsj and the Money received for the same, as they shall be respec- tively paid off by Government, shall be laid out in the Name of the said Accountant General in the Purchase of other Navy or Victualling Bills or Exchequer Bills ; all which said Navy and Victtialling Bills, and Exchequer Bills, shall be deposited in the Bank in the Name of the said Accountant General, atid shall there re- main until a proper Purchase or Piirchases be fojind and approved, as shall be directed by such Bill, and until the same shall, upo7i a Peti- tion setting forth such Approbation, to be pre- ferred to the Court of Chancery in a summary Way, by the Persons to be named in the Bill, be ordered to be sold by the said Accountant (') and shall there remain until a proper Purchase or Purchasers be found and approved, as shall' be directed by such Bill, and until such Money shall upon a Petition setting forth such Approbation, to be preferred to the Court of Chancery in a summary IVay, at the Expense of the Persons to be named in the Bill, be ordered to be paid out of the Bunk for the completing such Purchase, in such Manner as the said Court shall think just and shall direct, F 3 ( 70 ; General for the comjileating such Purchase, in such Manner as the said Court shall think just and direct: And it is further- ordd'ed^ l^hat if the Money arising by the Sale of such Navyt Victualling, or Exchequer Bills, shall exceed the Amount of the original Purchase Money so laid out as afmesaidi then and in that Case only the Surplus isohich shall remain, after dis- charging the Expence of the Applications to the Court i shall be paid to such Person or Per- sons respectively as 'would have been entitled to receive the Rents and Profits of the Lands directed to he purchased, in case the same had been purchased pursuant to the Act, or to the Representatives of such Person or Persons. (^) Ordered, That the Standing Order before mentioned be vacated and made void, and that this Order be substituted instead thereof, and declared to be a Standing Order, and that it be entered on the Roll of Standing Orders, and printed and published, to the end that all Per- sons concerned may take Notice thereof. E^nendat. per Ordinem 18° Marlii 1777. Eaiendat. per Ordinem 18" Junii 1795. 127. Die Martis, 8*» Martii 1763. Ordered by the Lords Spiritual ai poral in Parliament assembled. Thai future, if the Respondent or Respondents to C*) These Amendments made 18th June 1795. Time limited for Ordered by the Lords Spiritual and Tem- bringing Cross Appeals. poral in Parliament assembled. That for the ( 71 ; any Appeal depending in this House shall be desirous to exhibit a Cross Appeal, they shall present the same within One Week after their Answer put in to the Original Appeal, otherwise the same shall not be received. Entered per Ordinem lOoMartii 1763. Die Veneris, 20° Martii 1767. I28. Ordered by the Lords Spiritual and Tem- Primed Cases in poral in Parliament assembled. That this age to be de- House or any Committee thereof do not pro- I'wstgfo're^he" ceed to the Hearing upon any Claim to a Title Hearing, and to " ' *^ _ contain a Pedi- of Honour, until Fourteen Days after printed gree and Abstract Cases shall have been delivered, which shall contain a Pedigree, a?id also an Abstract of the Proofs and Authorities upon which such Claim may be founded, together with the Dates thereof, and References where the same may be found. Entered per Ordinem 24" Martii 1767. Emendat. per Ordinem 6° Aprilis 1824. Die Luna, \l° Mali 1767. ^Upon Report from the Lords Committees ap- pointed to consider of the most proper Means effec- tually to ascertain the Descents of the Peers of this Kingdom, so that the Crown or this House may not incur the Risque of being imposed upon by any ill- founded Claim of Peerage. Ordered by the Lords Spiritual and Temporal in King's Heraldi Parliament assembled. That the King^s Heralds and °"^^ Pursuivants Pursuivants of Arms do take exact Accounts, and f/T^'r "'.°*'' , "^ ' "■"' regular Entries do preserve regular Entries in their Books of Office of of the Peers and the Peers and Peeresses of this Part of the Kingdom, ''''«♦■"«'•* "/'^'^ ^ Kingdom. F 4 ( 72 ) and Descendants f 10711 them, so far as it may be in their Power to procure authentick Information thereof. Garter King at Ordered by the Lords Spiritual and Temporal on the first Ad- ^^ Parliament assembled, That Garter King of Arms mission of every do officially attend this House upon the Day and at Peer, anddelwer ^.j^^ Ywie of the first Admission of every Peer, whether Pedigree of the % Creation or Descent, and that he do then and Family of such there deliver in at the Table a Pedigree of the ^^^' Family of such Peer fairly described on Vellum, which Pedigree shall include the Father and Mother, the Brothers and Sisters, their Issue, the M^ife or Wives of such Peer, the Children of such Peer and their Issue, according to Seniority, down to the Day on which such Pedigree shall be so delivered in, together with the Marriages, Births, Baptisms, Deaths, and Burials, Names, Surnames, Ages, Titles, Qualities, Offices, and Employments {if any). Places of Abode, and Descriptions of every Person inserted in such Pedigree, so far as the said Garter and the Officers of the College of Arms may have been able to obtain the Knowledge thereof; and in the Case where stick Peer shall not succeed in the Honour to his Father or Mother, but to his Grandfather, Grandmother, Uncle or Aunt, being the next immediate preceding Peer or Peeress after whom he shall take such Honour, then such Pedigree shall also further include such Grandfather and Grandmother, Uncle and Aunt, together with their Descendants, in like Form and Manner, and down to the same Period as aforesaid ; except only where the Titles of such Peer shall be limited to Heirs Male ; in which Case it shall not be necessary to insert the Aunts, Sisters, Daughters, or Nieces of such Peer : And such Pedigree so delivered in, shall be then referred to the Committee of Privi- leges, who shall examine and report the same as it shall appear to them verified with the Proofs ; ivhich Report being agreed to by the Hovse, such Pedigree (signed ( 73 ) and certified by every such Peer to be true to the best of his Knowledge, Information, or Belief upon his Honour) shall be filed by the Clerk, and kepi {together with the Proofs) amongst the Records of the House; and an authentick Copy thereof registered in the Office of Arms : Provided nevertheless, thai nothing herein contained shall be construed to bar the Claim or prejudice the Rights of any Person who may be found at any Time aggrieved by any Omission of Entry, or by any Defect or Error, which may be proved by legal Evidence to have happened in the Construction of such Pedigree.'] Ettiendat. per Ordinem 22° Mali 1799. [Ordered by the Lords Spiritual and Temporal in ^"^""^ ^^'l "'"^ •- . •' ^ ^ Peeress to be at Parliament assembled. That every Peer and every ijherty to make Peeress in her own Right be at liberty to make Proof Proof of his or of his or her Pedigree before the Committee of Privi- i^fore the Com.' legts, and obtain the like Entry thereof] mittee of Pri- vileges . \_Ordered by the Lords Spiritual and Temporal in Twenty Pounds Parliament assembled. That the Heralds mari demand '^ be paid by •^ each Peer to the as a reasonable Fee the Sum of Twenty Pounds, for Heralds for their their Care, Expences, Trouble, and Attendance in ^"''^' ^^^<^i collecting, preparing, delivering in, and assisting at tlie preparin", de- Proof of the Pedigree of each Peer and Peeress, Urcrinf]:, and and registering the same, pursuant to the foregoing jt^'^r^ff;, ' ^ Resolutions, to be paid by every Peer upon his first Pcdiiircc of each Admission, or by any other Peer or Peeress, who shall ^'^'•^'" ""■^ P^^^' desire to make Proof of his or her Pedigree in like Manner. Ordered, That these Orders be printed and pub- lished, and affixed on the Doors of this House and Westminster Hall, to the end all Persons that shall be therein concerned may the better take Notice of the same.] Repealed 18th June 1802. CSS. f 74 ) 130. Die Veneris, 18° Aprilis 1788. None but those Upon Consideration of the Report from the Right j'to be in Lords Committees for Privileges to whom it the House when ^^g referred to consider of the Rules and sitting. Orders of this House, for preserving Order therein ; It is ordered, That for the future no Person shall be in any Part of the House during the sitting of the House, except Lords of Parliament and Peers of ^ the United King- donii not being Members of ike House of Com- mons, and Heirs Apparent of such Peers, or of Peeresses of ^ the United Kingdom in their own Right, and such other Persons as attend this House as Assistants ; and that this be added to the Roll of Standing Orders of this House. Emendat. per Ordinem 26=" Mail 1802. J3j^ Die Mercurii, 16° Maii 1792. • Petitions for Ordered by the Lords Spiritual and Tem» relative toEstates poral in Parliament assembled, That for the in Scottnd^ w fixture, when a Petition for a private Bill con- be referred to cerning Estates in Land or heritable Subiects, Two of the _ ° _ . . Judges of the situated in that Part of Great Britain called there: Where Scotland, shall be offered to this House, it shall be brought from referred to ^ T'wo of the Judges {-) of the Court of ' Great Britain, * Great Britain, ^ the Lord President (=*) This Amendment made 11 May 1824. ( 75 ) Session in Scotland ', (=") who are forthwith to the Commons, summon all Parties before them who may be l^S7cS!^io concerned in the Bill, and after hearine all the ^^ ^"" «"Two , ^ ° of the said Parties, and perusing the Bill, are to report to Judges. the House the State of the Case, and their Opi- nion thereupon, under their Hands, and are to sign the said Bill. The same Method is to be observed as to private Bills concerning Estates in Land or heritable Subjects, situated in that Part of Great Britain called Scotland, brought from the House of Commons, before the Second Reading of such Bills, by sending a Copy of the said Bill, signed by the Clerk, to ^ Two of the (^) Judges ^ of the Court of Session in Scot- latid, to whom such Bill shall be referred. (') 132. Ordered, That for the future ' all Persons (**) Consents of ^ Persons residing concerned in the Consequences of such private in Scotland to be Bills as aforesaid, and who reside in that Part ju7g'es to°whom of Great Britain called Scotland, may give t'^e Billi.sre- ' .' o feried, whose their Consent to the passing of such Bills Certificate of the ' the Lord Justice Clerk, and the Chief Baron of the Court of Exchequer, the Lord Chief Commissioner of the Jury Court, and the Senior Judge of the Court of Session, in Scotland, for the Time being, {other than the Lord President or Lord Justice Clerk), or any Two of them, (») 18 February 1817 and 1 1 May 1824. 2 the Chief {^) 11 May 1824. 3 aforesaid, or any Two of them. (•=) 1 1 May 1824. " Heirs of Entail ('•) 24 February 1806. ( 76 ) Appearance of any Person, and of his giving of anysuchConsent, or of his Accep- tance of any Trust under the Bill, with a Bill signed by the Party, to be suf- ficient Evidence of such Consent and Acceptance respectively before the Com- before ' Two of the Judges of the Court of Session to whom such private Bills as aforesaid shall be referred (")» and the Certificate of the said Judges " (^), by which it shall appear that on a Day and at a Place, to be therein expressed, such Person or Persons did appear personally before them, and being aware of the Interest they may have in such Bill, did give his, her, or their Consent for him or themselves, and for those for whom, according to the Law of Scot- land, he, she, or they may be entitled to consent, and did accept the Trust proposed to be vested in him or them by the said Bill (*=), and did in their Presence sign a Bill, (which Bill together with the said Certificate must be produced) shall be held as sufficient Evidence of the Con- sent of such Person or Persons before any Committee of this House, to whom the Con- sideration of such Bill may be referred. ' the Lord President of the Court of Session in Scotland^ the Lord Justice Clerk, and the Chief Baron of the Court of Exchequer, the Lord Chief Commissioner of tJie Junj Court, and the Senior Judge of the Court of Session, in Scotland, for the Time being {other than the Lord President or Lord Justice Clerk), or any Two of them, (-') 18 February 1817 and 11 May 1824. "~ or of any Two of them (") 1 I May 1824. C) 24 February 180G. ( 77 ) Ordered, That it be a general Instruction to Consemsof the Judges who shall meet to take the Consent "t'in^S'o.l, of Heirs of Entail concerned in the Conse- °^ ^v =>" i"stru- . nient under the quences of private Bills relating to Estates in Hand of n No- that Part of Great Britain called Scotland, that d^i!^, executed, they take no Notice of the Consent of any ''"' the Pany •' J was unable to Person to the passing of such Bill, unless such attend, and did Person appear before them, or that it be made manifest to them by an Instrument under the Hand of a Notary Publick, duly executed ac- cording to the Forms required by the Law of Scotland, that he or she is not able to attend, and doth consent to the said Bill. Ordered, That the said Orders be made Standing Orders, and that they be entered on the Roll of Standing Orders, and printed and published, to the end that all Persons concerned may the better take Notice of the same. Emendat. per Ordinem 24° Februarii 180C. Emendat. per Ordinem 18° Februarii 1817. ETtiendat. per Ordinem 1 1° Maii 1824. Die LuncE, 1 1° Martii 1/93. 134. [Ordered by the Lords Spiritual and Temporal in Par- Touching liament assembled. That no Bill forma king any Cut or icaivcnmi ' Canal for the Purposes of Navigation, or any Cut, Ca- Canal Bills, S(c. nal, or Aqueduct, for the Purpose of supplying any City, ^("'''; """ TJ'""*^ Town, or Place with Water, or for varying or alter- ing any such Cut, Canal, or Aqueduct already made, or for making or improving the Navigation of any ( 78 ) River, or for altering any Act of Parliament passed for any or either of those Purposes, in which Bill for altering any such Act, it is intended to give Power for raisinganyfurther or additional Ratcs,Tolls, or Duties, or for varying or altering the Line of such Cut, Canal, or Aqueduct, shall be read a Third Time in this House, unless Notice shall have been inserted Three Times in the London Gazette, in the Months of August and September or either of them, previous to the Session of Parliament in which such Bill shall be brought into Parliament, that an Application was intended to be made to Parliament to obtain such Bill ; and un- less such Notice shall also have been inserted in some one Newspaper of every County, through which any such Cut, Canal, or Aqueduct is intended to be carried, or in which such Cut, Canal, or Aqueduct already made, is intended to be varied or altered, or in which such River, or suck Part thereof as is intended to be made navigable, or the Navigation thereof to be improved, is situated, (or if there be not any Newspaper printed in such Counties respectively, then in the Newspaper of some County near or adjoining thereto,) Three Times at the least in the Months of August and Sep- tember, or either of them, immediately preceding the Session of Parliament in which such Application is intended to be made; and unless such Notice shall also have been given at the General Quarter Session of the Peace, which shall have been holdenfor every and each County, Riding, or Division, through which any such Cut, Canal, or Aqueduct is intended to be carried, or in which such Cut, Canal, or Aqueduct already made, is intended to be varied or altered, or in which such River, or such Part thereof as is intended to be made navigable, or the Navigation thereof to be improved, is situated, at Michaelmas preceding the Session of Parliament in which such ( 79 ) Application is intended to be made, by affixing such Notice on the Door of the Session House of each and every such County where such General Quarter Session shall be holdeii.l Emendat. per Ordinem 9° Junii 1810. Vacat. per Ordinem 8° die Februarii 1825. [^Ordered, That such several Notices shall contain 135. the Names of the Parishes and Townships ' into or through which any such Cut, Canal, or Aqueduct is intended to be carried, varied, or altered, or in which such River, or such Part thereof as is intended to be made navigable, or the Navigation thereof to be im- proved, is situated.l Emendat. per Ordinem 9" Junii 1810. Vacat. per Ordinem 8° die Februarii 1825. [Ordered, That no Bill for all or any of the Pur- I3G. poses aforesaid, shall be read a Third Time in this House, unless previously to such Bill being brought to this House from the Commons, a Map or Plan of such intended Cut or Canal, Aqueduct, or Navigation, or of any intended Alteration in any Cut, Canalf Aqueduct, or Navigation already made, (as the Case may be) shall have been deposited with the Clerk of the Parliaments ; in which Map or Plan shall be described the Line of such intended Cut, Canal, Aqueduct, or Navigation, or of such intended Alter- ation, and the Lands through which the same is intended to be carried, together with a Book of Refe- rence, containing a List of the Names of the Owners or reputed Owners, and also of the Occupiers of such Lands respectively ; and that there be also annexed to the said Map or Plan, an Estimate of the Expence of such Undertaking, {in Cases where Provision is in- tended to be made for raising Money to defray such Expence,) such Estimate to be signed by the Person ' {and of no other) ( 80 ) or Persons making the same ; and if such Money is proposed to be raised by Subscription, thai there be also annexed to the said Map or Plan an Account of the Money subscribed for that Purpose, and the Names of the Subscribers, with the Sums by them subscribed respectively.'] Vacat. per Ordinem 8° die Februarii 1825. 137. [Ordered, That no Bill for all or any of the Pur- poses aforesaid, shall be read a Third Time in this House, unless previously to such Bill being brought to this House from the Commons, Application shall have been made to tae Owners or reputed Owners, and cdso to the Occupiers of the Lands through which any such Cut, Canal, Aqueduct, or Navigation is intended to be carried, or any such Alteration is in- tended to be made, for the Consent of such Persons respectively ; and unless such Map or Plan as afore- said, or a Duplicate thereof, shall at the Time of such Application have been shown to them respec- tively ; and unless separate Lists shall have been made of the Names of such Owners and Occupiers, dis- tinguishing which of them upon such Application have assented to or dissented from such intended Cut, Canal, Aqueduct, or Navigation, or such Alteration, or are neuter in respect thereof ; and unless such Lists shall be deposited with the Clerk of the Parliaments at tlie same Time as the Map or Plan and Book of Refer- ence mentioned in the preceding Order.] Vacat. per Ordinem 8° die Februarii 1825. 138. [Ordered, That in case any Bill, for all or any of the Purposes aforesaid., shall contain a Clause to em- power the Person or Persons who shall make such Cut, Canal, Aqueduct, or Navigation as aforesaid, or any Part thereof, to vary or deviate from the Line particularly described in the Map or Plan deposited as aforesaid with the Clerk of the Parliaments, such ( 81 ) Bill shall not be read a Third Time in this House, vnless a like Application shall have been made to the Owners or reputed Owners and Occupiers of the Lands through which such Cut, Canal, Aqueduct or Navigation might pass by virtue of the Power so given to alter or vary the Line thereof ; and unless a like List as aforesaid, of such Owners or reputed Owners and Occupiers, be deposited, at the Time and in the Manner aforesaid, with the Clerk of the Par- liaments, as if it had been originally proposed to carry such Cut, Canal, Aqueduct, or Navigation through the Lands of such Persons respectively. Vacat. per Ordinem 8° die Februarii 1825. 139. Ordered, That for the future, when any Bill All die Standing ' shall be sent by this House to a Committee, f^^^^ relative tn there shall be at the same Time transmitted to ^^y Bin sent to a L.ommittee,to be such Committee a Copy ^ of all ^ t/ie Standing iiid before it, and , . rcpoit madu Orders of the House then in force relating to whethei the same the passing of such Bills; and such Committee p^'a ^^ """" shall examine, in the first place, whether the said Orders * have or have not been complied with, and shall report the same to the House. ^ Emendat. per Ordinem 8° die Februarii 1825. Ordered, That the said Order * be declared a Standing Order ^ and that ^ it be entered *for all or any of the Purposes aforesaid ^ of the aforesaid Orders now made, and ^ other * aforesaid ^ s "5 ' they G ( 82 ) upon the Roll of Standing Orders of this House, and printed and published, to the end all Per- sons concerned may the better take Notice of the same. Emendat. perOrdinem S° die Februarii 1825. 140. Die Jovist 18° Juji'd 1795. TheMap or Plan [ Upon Report from the Lords Committees appointed of Canal mils, ^^ consider of the Roll of Standing Orders of this to the printed House ; It is ordered by the Lords Spiritual and Copies laid on Temporal in Parliament assembled. That previous to the Table pre- ^ Second Reading in this House of any Bill for vious to the ° J V ^ Second Heading, making any Navigation, Aqueduct, Cut, or Canal, or for improving the same, the Map or Plan of the said Navigation, Aqueduct, Cut, or Canal, which is directed to be lodged in the Parliament Office by the Standing Order No. 132, shall be engraved or printed upon a Scale of Half an Inch at least to a Mile, and annexed to the printed Copies of the Bill, and shall be laid upon the Table of this House. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same.] Entered per Ordinem 19° Junii 179.5. Vacat. per Ordinem 8° die Februarii 1825. 141. Die Mercurii, 28" Martii 1798. No Petition for Ordered by the Lords Spiritual and Tem- a Divorce Bill to -^ _ ^ be presented poral in Parliament assembled. That for the official Copy of future no Petition for any Bill of Divorce shall &cau°th?EccTe. be presented to this House, unless an Official siastical Court. Copy of the Proceedings, and of a definitive Sentence of Divorce, a Mensa ct Thoro, in the ( S3 ) Ecclesiastical Court, at the Suit of the Party desirous to present such Petition, shall be de- livered upon Oatli at the Bar of this House at the same Time. 142. Ordered by the Lords Spiritual and Tern- Petitioner to mi c attend on the poral in Parliament assembled, That for the second Resdins future, upon the Second Reading of any Bill of ° Divorce, the Petitioner praying for the same do attend this House, in order to his being examined at the Bar, if the House shall think fit, whether there has or has not been any Col- lusion directly or indirectly on his Part, relative to any Act of Adultery that may have been committed by his Wife, or whether there be any Collusion directly or indirectly between him and his Wife, or any other Person or Persons, touching the said Bill of Divorce, or touching any Proceedings or Sentence of Divorce had in the Ecclesiastical Court at his Suit, or touching any Action at Law which may have been brought by such Petitioner against any Person for Criminal Conversation with the Petitioner's Wife ; and also, whether at the Time of the Adultery of which such Petitioner complains, his Wife was by Deed or otherwise by his Consent living separate and apart from him, and released by him as far as in him lies from her conjugal Duty, or whether she was at the Time of such Adultery cohabiting with him, g2 ( 84 ) 143. No Bill for naturalizing any Ferson to be read a Second Time williout producing a Cer- tijicate touching his Conduct, ^c. and under the Protection and Authority of him as her Husband. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House* and printed and published, to the end all Per- sons concerned may the better take Notice of the same. Die Veneris, 20° Aprilis 1798. [Ordered by the Lords Spiritual and Temporal in Parliament assembled. That during the Continuance of the present ' Session of Parliament no Bill for naturalizing any Person born in any Foreign Terri- tory shall be read a Second Time until the Petitioner shall produce a Certificate from one of His Majesty's Principal Secretaries of State, that the Petitioner has produced satisfactory Proof that he has conformed in all respects to the Laws and Regulations respecting Aliens arriving in this Kingdom or resident therein^ and that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct. Ordered, That the said Order be declared a Stand- ing Order, and that it be entered on the Roll of Stand- ing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same.'] Emendat. per Ordinem 17° Mail 1802. Vid. another Order substituted instead of this. No. 167. 144. Die Jovis, 3" Januarii 1799. Provision to be [Ordered by the Lords Spiritual and Temporal in made in Inclo- '• ^ itj rrn- r i sure Bills, A-c. Parliament assembled, J hat in any Inclosure, Road, 1 War ( 85 ) Drainage, Paving, Dock or Navigation Bill, whenever relative to pay- any Sum of Money is to be paid in the Gross for any 'jlj „,.'," i,!)"^^/,^ Lands, Houses, Buildings,orHereditanients, to be bought Bank. or exchanged by such Bill, and which Sum of Money is to be laid out in the Purchase of other Lands, Houses^ or Hereditaments, to be settled to the same Uses, Pro- vision shall be made in the said Bill, that such Sum of Money, not being less than One hundred Pounds Ster- ling, shall be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, to be placed to his Account there, ex parte the Commissioners or publick Trustees in each particular Bill appointed, pursuant to the Method prescribed by the Act of the Twelfth Year of King George the 1 st. Chapter Thirty-second, and the general Orders of the said Court, and without Fee or Reward, according to the Act of the Twelfth Year of King George the Second, Chapter the Twenty- fourth, and shall, when so paid in, be laid out in the Purchase of Navy and Victualling Bills or Exchequer Bills : And it is further ordered, That ' the Money re- ceii7ec(/or'- such Navy orVictualling Bills or Exchequer Bills, as they shall be respectively paid off by Govern- ment, shall be laid out in the Name of the said Account- ant General, in the Purchase of other Navy or Victual- ling Bills or Exchequer Bills, all which said Navy and Victualling Bills and Exchequer Bills shall be deposited in the Bank, in the Name of the said Accountant Gene- ral, and shall there remain until a proper Purchase or Purchases be found and approved, as shall be directed 1 the Interest arising from the Money so laid out in the said Navy or Victualling Bills or Exchequer Billst and 2 the same g3 { 8ti ) hy such Bill, and until the same shall upon a Petition, setting forth such Approbation, to be preferred to the Court of Chancery in a summary Way, by the Persons to be named in the Bill, be ordered to be sold by the said Accountant General, for the completing suck Purchase, in such Manner as the said Court shall think just and direct ; and the Interest arising from such Navy or Victualling Bills or Exchequer Bills shall be paid to such Person or Persons respectively as would for the Time being be entitled to the Rents and Profits of such Lands, Houses, or Here- ditaments, when so purchased and settled : That if any such Commissioner or Trustee in any such Bill, except a Road Bill, shall find any Difficulty in ob- taining a Purchase in Land, which may be equal in value to such Sum of Money, not exceeding Two hun- dred Pounds, as by the said Standing Order is directed to be paid into the Bank, to await a future Purchase, or which Purchase may be disadvantageous in other Respects, such Commissioner or Trustee shall be at liberty to apply such Sum of Money towards the Ex- pences of such Act, so far as the Proportion of the Party entitled to such Sum shall amount to, and if there shall be any Surplus of such Two hundred Pounds, they may apply such Surplus, after such Application, in Diminution of the Sum allowed to be charged upon the Estate for the Purpose of Inclosure or Drainage. Ordered, That the said Order be declared a Stand- ing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the End all Persons concerned may the better take Notice of the same.l Emendat. per Ordinem 4° Martii 1800. Emendat. per Ordinem 3I°Martii 1800. Vacat. per Ordinem 7" Mail 1800. Vid. another Order siibslitmcd iiibUad oi tliis. No. 154. ( 87 ) Die Lunae, 29° Aprilis 1799. j^5^ Ordered by the Lords Spiritual and Tern- Respecting Con- poral in Parliament assembled, That where a Bills uhere one Petitioner for a private Bill is Tenant for Life Tt^mforLife, in Possession, and another Petitioner for the "'"^ ^^° °''''^'^ ., Tenant in Fail same Bill is Tenant in Tail in Remainder, and ami of Age. of Age, and where it is competent for the Two together, by Deed, Fine, and Common Reco- very, to bar the Rights and Interests of all Persons in Remainder after the Estate in Tail of the Petitioner, the Committee shall not in such Case be required to take the Consent of any of the Persons in Remainder, after the Estate of such Tenant in Tail, to the passing of such Bill. 146. Ordered by the Lords Spiritual and Tern- where Women , , „ ,. , 1 , rr^i • 11 have an Interest. poral in Parliament assembled, Ihat m all private Bills, when any married or unmarried Woman, or when any Widow desires to con- sent to the Sale or Exchange of any Estate in which she may have an Interest, or upon which she may be entitled to a Jointure or Rent Charge of any Sort ; or if she shall desire to sell or otherwise dispose of all or any Part of such Jointure, Rent Charge, or Interest, the Committee shall require, not only her own Consent in Person, but also that of her Trustee or Trustees, G 4* ( 88 ) 147. "Where Chiidrtii , Ordered by the Lords Spiritual and Tem- or under, havr poral In Parliament assembled. That in all an Interest. private Bills, when any Estate is proposed to be sold or exchanged, on which the Whole or any Part of the Fortune of any Child or Chil- dren is secured, or in which any such Child or Children hath or have an Interest, the Com- mittee shall take the Consent of any such Child or Children, if he, she, or they is or are under Age, by his, her, or their Parents or Guardians ; and if of Age, then the Consent of the Trustee or Trustees for such Child or Children shall also be taken, as well as the personal Consent of such Party. 148. Trustees, except Ordered by the Lords Spiritual and Tem- tin^ent^Re- poral in Parliament assembled, That the Con- mamdersonly, ^^^^ ^f ^j| Trustees shall be required in Person to consent ni i Terson. before the Committee, where any Money is to pass through the Hands of any such Trustees, whether for Jointure, Pin Money, the Fortunes of younger Children, or any other Interest whatsoever, but the Consent of Trustees to preserve Contingent Remainders only shall not be necessary. 149. New Appoint- Ordered by the Lords Spiritual and Tem- ment of Trustees i • -r. t i i i rrn i to be with the poral iH Parliament assembled, Ihat when any ihe'cour't'of" °^ ^^^^ Parties interested in any private Bill Chancery. ^\^^\\ j^.^yg Power by such Bill to name a ( 89 ) Trustee in the room of any Trustee dying, resigning, or refusing to exercise his Trust, Provision shall be made in the Bill that such new Trustee shall be appointed by or with the Approbation of the Court of Chancery. 150. Ordered by the Lords Spiritual and Tern- Notice to be •^ given to Mort- poral in Parliament assembled. That when a gagees. Petition shall be presented to the House for any private Bill, Notice shall be given to any Person being a Mortgagee upon the Estate intended to be affected by such Bill. 151. Ordered by the Lords Spiritual and Tem- Bills for ex- 1 - 1- 1 1 T fTM ' changing or poral m Parliament assembled, Phat m any selling settled private Bill for exchanging an Estate in Set- gjieduies of^^ tlement, and substituting another Estate in lieu '''^"^ Value, &c. ° , annexed. thereof, there shall be annexed to such Bill a Schedule or Schedules of such respective Estates, shewing the annual Rent and the annual Value thereof, and also of the Value of the Timber growing thei*eupon; and in all private Bills for selling a settled Estate, and purchasing another Estate to be settled to the same Uses, there shall be annexed to such Bill a Schedule or Schedules of such Estates, specifying the annual Rent thereof, and that every such Schedule shall be signed and proved upon Oath by a Surveyor or ( 90 ) other competent Person before the Commit tee to whom such Bill shall be referred. 152. The Lord in the Ordered by the Lords Spiritual and Tem- whelher thT" P^^^^^ ^^ Parliament assembled, That the Lord Standing Orders who shall be in the Chair of a Committee, to have been com- plied with. whom any private Bill shall be committed, shall state to the House, when the Report from such Committee is made, how far the Orders of the House in relation to such private Bill have or have not been duly complied with. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That these Orders shall be transmitted to the Committee to whom any private Bill shall be referred, for their Guidance and Instruction. Ordered, That the said Orders be declared Standing Orders, and that they be entered upon the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. 153. Die Mercurii, 22° Mail 1799. Concerning Bills „, ,, t -i c^ • • i im for selling Lands Ordered by the Lords Spiritual and 1 em- purdwsin'g others poral in Parliament assembled, That where a li'eu^thereof '" ^^^^ ^^ brought in to empower any Person to ( 01 ; sell or dispose of Lands in one Place in that Part of Great Britain called Scotland, and to buy or settle Lands in another Place in the said Part of Great Britain called Scotland, the Committee to whom such Bill shall be referred do take care that the Values be fully made out; and if the Bill shall not be for making a new Purchase, but only for settling other Lands in lieu of those to be sold, in that Case Provision shall be made in the Bill, that such other Lands be settled accordingly ; but if the Bill shall be to purchase and settle other Lands, in that Case the Committee are to take care, that there be a binding Agreement produced for such new Purchase, or if it shall be made appear to the Committee that such Agreement cannot then be made, or that such Purchase cannot then be made, and settled as desired by the Bill, and the Committee shall be satisfied with the Reasons alledged for either of those Purposes, in either of those Cases, Provision shall be made in the Bill that so much of the Money arising by Sale of the Lands directed to be sold as is to be laid out in a new Purchase shall be paid by the Purchaser or Purchasers without Fee or Reward into the Bank of Scotland or Royal Bank of Scotland, or the Bank of the Brilish Linefi Compaiii/ in Scotland, under the Direction and by the Authority of c 92 ; the Court of Session, and in the Name of the Trustees named in the Act, and shall, when so paid in, produce the highest Interest that can be obtained for the same: And it is further ordered. That the Interest arising from the Money so paid in shall be laid out in the Name of the said Trustees, and shall annually accumulate and be added to the principal Sum Itself, to carry Interest together, until a proper Purchase can be found and approved, as shall be directed by such Bill, and until the same shall, upon a Petition setting forth such Appro- bation, to be preferred to the said Court of Session in a summary Way by the Persons to be named in the Bill, be ordered to be paid by the Treasurer of the Bank of Scotland, or Cashier of the Royal Bank of Scotland, or the Bank of the British Linen Company in Scotland^ for the completing such Purchase, in such Manner as the said Court shall think just and direct : And it is further ordered. That ' when • if the Money arising by the Principal and accu- mulated Interest of such Sum or Sums shall exceed the Amount of the original Purchase Money so laid out as aforesaid, then and in that Case only the Surplus ivhich shall remain after discharging the Expence of the Applications to the Court shall be paid to the Person or Persons respectively who would have been entitled to receive the Rents and Profits of ( 93 ) a Sutn equal to the Atnowit of that obtained by the Sale of Lands directed to be sold, shall be reinvested in the Purchase of new Estates^ then and in that Case the Surplus which shall remain, after discharging the Expence of Application to the Court, shall be paid to the Person or Per- sons respectively who would have been e?ititled to receive the Pents and Promts of the Lands sold pursuant to the Act, or to the Representatives of such Person or Persons. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. Emendat. per Ordinem 16° Aprilis 1810. Emendat. per Ordinem 21° Martii 1817. Die Mercurii, T Maii 1800. ]54, Ordered by the Lords Spiritual and Tempo- Trovision to be , . -r» 1. 111 mi • X madeinlndosure ral in Farliament assembled, Ihat m any In- Bills, &c. reia- closure, Road, Drainage, Paving, Dock, or jl^^iPfiJLey Navigation Bill, whenever any Sum of Money into the Bank. is, under the Provisions of such Act, to be paid for the Purchase or Exchange of any Lands, Tenements, or Hereditaments, or which Sum the Lands directed to be purchased, in case the same had been purchased pursuant to the Act, or to the Representatives of such Person or Persons, ( 94. ) of Money ought to be laid out in the Purchase of other Lands, Tenements, or Hereditaments, to be settled to the same Uses, Provision shall be made in the said Bill, that such Sum of Money, not being less than the Sum of Two hundred Pounds, be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the Court of ^ Exchequer i to be placed to his Account, ex- parte the Commissioners under such particular Bill, or under such other Title as by the said Bill shall be directed, pursuant to the Method prescribed by the Act of the '^ First Year of King George the ^ Fourth, Chapter Thirty-'Jyfty^, and the General Orders of the said Court, and without Fee or Reward, and shall, when so paid in, there remain until the same shall by Order of the said Court, upon a Petition to be pre- ferred to the said Court in a summary Way, be applied either in the Purchase of Land Tax, or towards the Discharge of any Debts or In- cumbrances affecting the said Lands, Tene- ments, and Hereditaments so purchased or ex- changed, or until the same shall upon the like Application be laid out in a summary Way, by Order of the said Court, in the Purchase of ' Chancery " Twelfth 3 First * two C 1)5 ) other Lands, Tenements, or Hereditaments, to be settled to the hke Uses; and in the mean- time and until such Order can be made, sucli Money may, by Order of the said Court, be laid out in some of the publick Funds, or in Government or Real Securities, and the Divi- dends or Interest arising therefrom shall, by Order of the said Court, be paid to such Per- son or Persons as would for the Time being be entitled to the Rents and Profits of such Lands, Tenements, and Hereditaments so to be pur- chased, conveyed, and settled ; and in case such Sum of Money shall be less than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds, then and in such Case such Sum of Money shall, with the Approba- tion of the Commissioners acting under such Act, or any Three or more of them, be paid into the Bank of England, and applied by Order of the Court of ' Eichequa- in Manner herein- before directed, or may without any Order of the Court of ^ Exchequer be paid into the Hands of Two Trustees, to be nominated by the Person or Persons who for the Time being would be entitled to the Rents and Profits of the Lands, Tenements, and Hereditaments so to be purchased and settled, such Nomination ^ Chancery * Chancery { »> ) to be approved of by Three or more of the said Commissioners, and such Nomination and Approbation to be in Writing under the Hands of the Persons so nominating and ap- proving ; and the Money so paid to such Trus- tees shall by them be applied in like Man- ner as is before directed with respect to the Money so to be paid into the Bank in the Name of the Accountant General of the Court of ' JExchequer, but without any Order of the said Court touching the Application thereof; and in case such Sura of Money shall not ex- ceed Twenty Pounds, then the same shall be paid to the Person or Persons who for the Time being would be entitled to the Rents and Profits of the Lands, Tenements, and Heredi- taments so to be purchased and conveyed, for his, her, or their own Use and Benefit : And it is hereby further ordered, That if any Com- missioner in an Inclosure or Drainage Bill shall find any Difficulty in obtaining a Pur- chase in Land, which may be equal in value to such Sum of Money, not exceeding Two hun- dred Pounds, as by the said Standing Order is directed to be paid into the Bank to await a future Purchase, or which Purchase may be dis- advantageous in other Respects, such Commis- ' Chancery ( 97 ) sioner shall be at liberty to apply such Sum of Money towards the Expences of such Act, so far as the Proportion of the Party entitled to such Sum shall amount to, and if there shall be any Surplus of such Two hundred Pounds, they may apply such Surplus after such Appli- cation, in diminution of the Sum allowed to be charged upon the Estate for the Purpose of Inclosure or Drainage. Ordered, That the said Order be declared a Standing Order, and that it be entered upon the Roll of Standing Orders of this House, and printed and published, to the end all Per- sons concerned may the better take Notice of the same. Emendat. per Ordinem 7° Julii 1823. Die Mercurii, 20° Mail 1801. j^g The House, (according to Order), proceeded Addition made to take into Consideration the Standing Order standing Order of the 28th of June 1715, by which it is ordered No. 26. 'that no ' -^ more than One and declared, that for the future no Bill Proceeding be , had on a Bill the shall be read Twice the same Day ; that no same Diy ' Committee of the Whole House proceed on any Bill the same Day the Bill is committed ; that no Report be received from any Commit- tee of the Whole House the same Day such Committee goes through the Bill, when any M ( 1)8 ) Amendments are made to such Bill ; and that no Bill be read the Third Time the same Day reported from the Committee; and the same being read, this Explanation of and Addition to the said Standing Order was made ; (videlicet) That it is the Duty of the Speaker of this House, in no Case to put a Question contrary to the Standing Order of the House. Ordered, That the said Explanation and Addition be entered on the Roll of Standing Orders. 156. Petitions for private Bills re- lative to Estates in Lands, &c. in Ireland, to be referred, if desired, to Two of the Judges in Ireland j and when any such Bill is brought from the Com- mons, a Copy to be sent to Two of the said Judges before the Second Reading there- of. Die Mercurii, Q^Decembris 1801. Upon Consideration of the Report from the Committee appointed to consider of the Standing Orders respecting private Bills, so far as they may affect that Part of the United Kingdom called Ireland : Ordered by the Lords Spiritual and Temporal in Par- liament assembled, That for the future, when a Petition for a private Bill concerning Estates in Land, situated in that Part of the United Kingdom of Great Britain and Ireland called Ireland, shall be offered to this House, it shall be referred, if the Parties desire it, to Two Judges of the Court of King's Bench, Common Pleas, or Exchequer, in Ireland, who are forth- ( 99 ) with to summon all Parties before them who may be concerned in the Bill, and after hear- ing all the Parties, and perusing the Bill, arc to report to the House the State of the Case, and their Opinion thereupon, under their Hands, and are to sign the said Bill. The same Me- thod is to be observed as to private Bills con- cerning Estates in Land situated in that Part of the United Kingdom of Great Britain and Ireland called Ireland, brought from the House of Commons, before the Second Reading of such Bills, by sending a Copy of the said Bill, signed by the Clerk, to the ' Judges aforesaid, or any Two of them. Emendat. per Ordineni l"Martii 1806. 157. Ordered by the Lords Spiritual and Tem- The Consent of poral in Parliament assembled, That for the cerned in any future all Persons concerned in the Conse- f"'^'^. ^'"' '" be given before quences of such private Bills as aforesaid, and the Judges in irc- - .1.1 T-. ^ 1 TT • 1 Tjr. 1 land, whose Cer- who reside m that Part of the United Kmgdom tificate of the of Great Britain and Ireland called Ireland, f„^'p",;" "^j may give their Consent to the passing of such °^ '^'^ e'ving •' ° r o jyp], Consent, Bills before the Two Judges to whom such oi of his Accept- Bills shall be referred ; and the Certificate of the under the^Biiir said Judges, or of any Two of them, by which bytuc^Pany?'^ it shall appear, that on a Day and at a Place to ^° ^^ sufficient Evidence of such ' Chief h2 ( 100 ) Consent and Acceptance re- spertively be- fore the Com- mittee. 158. Such Consent to be personal, or by an Instru- ment under the Hand of a No- tary Pubhc, duly executed, that the Party is un- able to attend, and does con- sent. be therein expressed, such Person or Persons did appear personally before them, and being aware of the Interest they may have in such Bill, did give his, her, or their Consent for him or themselves, and for those for whom, ac- cording to Law, he, she, or they may be en- titled to consent ; and if any Tmstee or Trus- tees shall he appointed by such Billy that suck Trustee or Trustees did appear personally he- fore therrii and did accept the Trust proposed to be vested in him or them by the said Bill, and that the said several Persons did in their Presence sign a Bill, (which Bill together with the said Certificate must be produced), shall be held as sufficient Evidence of the Consent of such Person or Persons before any Committee of this House, to whom the Con- sideration of such Bill may be referred. Emendat. per Ordinem P Marlii 1806. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That it be a general Instruction to the Judges who shall meet to take the Consent of all Persons con- cerned in the Consequences of private Bills relating to Estates in that Part of the United Kingdom called Ireland, that they take no Notice of the Consent of an}' Person to the passing of such Bill, unless such Person appear i)efore them, or that it be made manifest to ( lOJ ) them by an Instrument under the Hand of a Notary Publick, duly executed according to the Forms required by Law, tliat he or she is not able to attend, and doth consent to the said Bill. 159. Ordered by the Lords Spiritual and Tern- j/^uch bid i>a •' ' for selling Lands poral in Parliament assembled, That where a '» Ireland, ;ind TTi'i • 1 1 • Tk purchasing Other liill IS brought in to empower any I'erson to Lan.is there in sell or dispose of Lands in one Place, jn that Vdiuerto°he' '^ Part of the United Kingdom called Ireland, ""^^^ °"'- ^^ ° ^ for settling other and to buy or settle Lands in another Place, in Lands only, due the said Part of the United Kingdom called same to be made. Ireland, the Committee to whom such Bill shall ^^'\° ^''f'"'^ ' and settle other be referred, do take care that the Values be Lands, a binding fully made out; and if the Bill shall not be for be produced, if making a new Purchase, but only for settling "tTe'r Requires other Lands in lieu of those to be sold, in that Prescribed by the Order to be Case Provision shall be made in the Bill, that obseiA^ed. such other Lands be settled accordingly ; but, if the Bill shall be to purchase and settle other Lands, in that Case the Committee are to take care that there be a binding Agreement produced for such new Purchase; or if it shall be made appear to the Committee that such Agreement cannot then be made, or that such Purchase cannot then be made, and settled as desired by the Bill, and the Committee shall be satisfied with the Reasons alledged for either of H 3 ( 102 ) those Purposes, in either of those Cases, Pro- vision shall be made in the Bill, that so much of the Money arising by Sale of the Lands directed to be sold, as is to be laid out in a new Purchase, shall be paid by the Purchaser or Purchasers, without Fee or Reward, into the Bank of Dublin, under the Direction and by the Authority of the Court of Chancery, and in the Name of the Trustees named in the Act, and shall, when so paid in, produce the highest Interest that can be obtained for the same ; and that the Interest arising from the Money so paid in shall be laid out in the Name of the said Trustees, and shall annually accu- mulate and be added to the principal Sum itself to carry Interest together, until a proper Purchase can be found and approved, as shall be directed by such Bill, and until the same shall, upon a Petition setting forth such Ap- probation, to be preferred to the said Court of Chancery in a summary Way by the Persons to be named in the Bill, be ordered to be paid by the Treasurer of the Bank of Dublin for the completing such Purchase, in such Manner as the said Court shall think just and direct; and that if the Money arising by the Principal and accumulated Interest of such Sum or Sums shall exceed the Amount of the original Pur- chase Money so laid out as aforesaid, then and ( 10^3 ) in that Case only, the Surphis wliich shall re- main, after discharging the Expence of the Ap- plications to the Court, shall be paid to the Person or Persons respectively, who would have been entitled to receive the Rents and Profits of the Lands directed to be purchased, in case the same had been purchased pursuant to the Act, or to the Representatives of such Person or Persons. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. Die Veneris, 2° Aprilis 1802. kjq. Upon Report from the Lords Committees J['""^'i'"s 'he *■ ' Descent of Peer* appointed to consider of the Descent of the ages of Ireland. Peerages of Ireland : — The Claim of any Ordered by the Lords Spiritual and Tem- Person to vote poral in Parliament assembled. That in all sentative Peers Cases where any Person who did not sit and "J p.^'fj-^V" *" vote in the House of Lords of Ireland before ^'S""! by the Claimant or the Union, or whose Right to sit and vote some Person therein was not admitted by the said House . on his Behalf, and stating the before the Union, or whose Right to vote at ^^^"""'"J^''^'^ ' o he derives h»s H 4 Title. ( 104 ) 161. A Copy of the Resolution of the House, ad- mitting any such Claim, to be transmitted to the Clerk of the Crown in Ire- land. 162. The Claim of any Person as Coheir to a Peerage in Ire- land, in Abey- ance, to be by Petition to the House. Elections of Peers of Ireland to sit in the Parliament of the United Kingdom has not or shall not have been admitted by this House, shall claim a Right to vote at such Elections, such Claim be made by Petition to the House, signed by the Person so claiming, or by some Person on his Behalf, stating the Manner in which the Claimant derives Title to the Peerage in question, and praying that the Right of the Claimant to vote at Elections of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by this House. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That the Clerk of the Parliaments do transmit to the Clerk of the Crown in Ireland a Copy of every Resolu- tion of this House, admitting the Claim of a Peer of Ireland to vote at the Elections of Peers of Ireland to sit in the Parliament of the United Kingdom. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled. That in case any Peerage of Ireland now is or hereafter shall be in Abeyance, the Persons claiming to be Coheirs thereto, or any of them, may, by Petition to this House, state such Claim, and pray that the same may be examined by the House. ( 105 ) 163. Ordered by the Lords Spiritual and Teni- Such Claim not 1 • T-» 1- ri-'i /^i • ^° ^^ proceeded poral in Parliament assembled, 1 hat no Claim on, unless re- of any ^Peerage alledged to be in Abeyance Sl^Mn'jtfyl'or shall be proceeded upon, until the same shall "1' information *■ *■ of the same be have been recommended by His Majesty to communicated to the Consideration of the House, or until His the House. Majesty shall have been informed of such Claim by the House. 164. Ordered by the Lords Spiritual and Tem- Every such poral in Parliament assembled. That every such referred to the Claim be referred to the Committee of Privileges, Pri'^ii^g"s^^ ** to examine the Matter, and report the same, as it shall appear to them, to the House. 165. Ordered by the Lords Spiritual and Tem- if such Peei^ge poral in Parliament assembled, That in case House to be in it shall appear to the House that any such onmbn^ofthe Peerage is in Abeyance, the House do inform House that it is o ^ ' jjo^ anj that it is His Majesty, that, in the Opinion of the House, therefore to be such Peerage is in Abeyance, and is therefore isting Peerage, to be deemed and taken to be an existing ^o ^e communi- & cated to His Peerage, according to the Fourth Article of Majesty. Union. 1G6. Ordered by the Lords Spiritual and Tem- The Claim of a poral in Parliament assembled. That every Peeress of ire- Person claiming to be a Peeress of Ireland in R^Vt" J'o'be" pro- ber own Right, be at liberty in like Manner to "^'^^'^ "" '" ''•'« ^ ° '' Manner as in claim such Peerage, and that such Claim be pro- the Case of a vote for ( lOG ) fihekT- ^^^^^^ "P°"' examined, reported, and allowed, presentative in the Same Manner as is provided in the Case Peers of Ire- ,. j^ i • • land. ot ir'eers clamimnr to vote as aforesaid. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. J g7^ Die Veneris, 3° Decembris 1 802. iVo Bill fur [Ordered by the Lords Spiritual and Temporal in naturalizing parliament assembled, That durino the Continuance any Person to be j, " read a Second 'V "*^ present Session of Parliament, no Bill for Time without a naturalizing any Person horn in any Foreign Territory touching his ^^^^^ ^^ ^^^'^ ^ Second Time, until the Petitioner shall Conduct. produce a Certificate from One of His Majesty" s Prin- cipal Secretaries of State, that the Petitioner has pro- duced satisfactory Proof that he has conformed in all Respects to the Laws and Regulations respecting Aliens arriving in this Kingdom, or resident therein, and that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same.'] Vid. infra, No, 171. ( 107 ) Die Lunae, 28° Martii 1803. Igg. Upon Report from the Lords Committees Touching Peers _ _ ^ _ _ advanced in the for Privileges appointed to consider in what Peerage of Manner the Peers, Representatives of the Temporal Peers of that Part of the United Kingdom called Ireland, advanced to higher Dignity, shall take their Seats in this House: — Ordered by the Lords Spiritual and Tem- The Letters poral in Parliament assembled, That when any ■ ^ Represeii- Peer who is one of the Representatives of the "tive Peerot ' Ireland to a Temporal Peers of that Part of the United higher Dignity in the P6cr3?c Kingdom called Ireland, shall, subsequent to of Ireland, to he his Election, be advanced and preferred by His ^ous'e"-' ^ Maiesty to any higher Degree, Title, Dignity, and «hen the •^ ■^ . ' J3 J' peertotakehis and Honour in the Peerage, of that Part of place according the United Kingdom called Ireland, by way and Dignity. of Promotion, the Letters Patent by which such Advancement in the Peerage is made, shall be produced and read in this House ; and that an Entry of the Date, Purport and Effect thereof shall be entered upon the Journals of this House ; and thereupon the Peer so advanced and promoted shall take his Place in the House according to his said Rank and Dignity. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House. ( 108 ) 169. Die Jovis, 28° Aprilis 1 803. lOrdered by the Lords Spiritual and Temporal in Standing Orders parliament assembled, That the Standing Orders of relating to Canal * •' Bills extended the House of the llth of March 1793, relating to to Railway Bills. Bills for making navigable Canals, Acqueducts, and the Navigation of Rivers, or for altering any Act of Parliament for any or either of those Purposes, be ex- tended to Bills for making any Ways or Roads, com- monly called Railways or Tram Roads. Ordered, That the said Order be declared a Stand- ing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and pub- lished, to the end all Persons concerned may the better take Notice of the same.'\ Vacat. per Ordinem 8^ die Februarii 1825. 170. No Bill for naturalizing any Person to be read a Secoyid Time without a Certificate touching his Conduct. Die Veneris, 3° Decembris 1803. [^Ordered by the Lords Spiritual and Temporal in Parliament assembled. That during the Continuance of the present Session of Parliament, no Bill for naturalizing any Person born in any Foreign Terri- tory shall be read a Second Time, until the Petitioner shall produce a Certificate from one of His Majesty's Principal Secretaries of State, that the Petitioner has produced satisfactory Proof that lie has conformed in all Respects to the Laws and Regulations respecting Aliens arriving in this Kingdom or resident therein, and that he is a Person well affected to His Majesty's Royal Person and Government, and of orderly Life and Conduct. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and ( 109 ) published, to the end all Persons concerned may the better take Notice of the sanie.l {^The last-mentioned Order was renewed on the 2\st of January 1805, and on the 24th of January 1806.] Die Veneris, 2° Januarii 1807. 171, Ordered by the Lords Spiritual and Tern No Bill for naturalizing any poral in Parliament assembled, That no Bill Person to be T • -r» 1 • T-> • '^^^'^ ^ Second for naturalizmg any Person born in any Foreign Time without Territory shall be read a Second Time, until touching his the Petitioner shall produce a Certificate from Conduct. His Majesty's Principal Secretaries of State respecting his Conduct. Ordered, That the said Order be declared a Standing Order, and that It be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. Die Lunae, 28" Martii 1808. 172. Ordered by the Lords Spiritual and Tem- No Bill for ex- tending the poral in Parliament assembled. That no Bill Term of any for extending the Term of any Letters Pa- to be read a tent for am/ Invention or Discoven/^ granted ^ ']"'^' T^'"^^> •J ^ .y o unless Notice ot by His Majesty under the Great Seal of Eng- Application for ihe same shall land, Scotland, or Ireland, shall be read a have been given Third Time in this House, unless Notice shall ^^'^ ""^* "* ( no ) the Gazette of that Part of the United King- dom under the Great Seal of which such Let- ters Patent were granted. 173. Nor unless the Term of such Lettei-s Patent shall expire within Two Years from the Commence- ment of the Ses- sion in which the Bill is ap- plied for. 174. Nor unless it shall appear that the Application be made by the Discoverer of the Invention himself, or his Representative, and that the Knowledge of such Invention was not ac- quired by him have been inserted Three Times in the London Gazette, (and also Three Times in the Edin- burgh Gazette, if the Letters Patent be under the Great Seal of Scotland, and Three Times in the Dublin Gazette, if under the Great Seal of Ireland,) in the Months of August and Sep- tember, or either of them, immediately preceding the Session in which Application for such Bill shall be made to Parliament, that an Applica- tion was intended to be made to Parliament to obtain such Bill. Eniendat. per Ordinem 8° die Februarii 1825. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That no Bill for the Purpose aforesaid shall be read a Third Time in this House, unless it shall appear that the Letters Patent, the Term of which it is intended by such Bill to extend, will expire within Two Years from the Commencement of the Session of Parliament in which the Appli- cation for such Bill shall be made. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That no Bill for the Purpose aforesaid shall be read a Third Time in this House, unless it shall appear that the Application to Parliament, for extending the Term of the Letters Patent, is made by the Person, or by the Representatives of the Person, who himself originally discovered the ( 111 ) Invention for which such Letters Patent were by Purciiase, or 1 1 TT- -n/T • II IT"- from Infurma- granted by His Majesty ; and that the Know- tion of its ledge of such Invention was not acquired by ^"'"^ \T'^f such Person as aforesaid, by Purchase or reign Country. otherwise, from the Inventor or Owner of the same, or by Information that such Invention was known and pursued in any Foreign Country. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. Die Mercurii, 15° Martii 1809. 175. Ordered by the Lords Spiritual and Tern- No private Bill •^ _ to be read till a poral in Parliament assembled. That no private CopyofthePeti- Bill, the Petition for which shall be referred to judges Report be Two of His Majesty's Judges, shall be read a ^^^'.''^^ '°'^^ >> J o ' Chairman of First Time, until a Copy of the said Petition, Committees. and of the Report of the Judges thereupon, shall be delivered, by the Party or Parties concerned, to the ' Lord appointed by this House to take the Chair in all Committees. Ordered, That the said Order be declared a Standing Order, and that it be entered on the ' Chairman of the Committees ( 112 ) Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. Eraendat. perOrdinem 8" die Februarii 1825. ] 76. Die Martis, 2° Maii 1809. No Divorce Bill Ordered by the Lords Spiritual and Tern- into this House poral in Parliament assembled, That no Bill ^rohibiting the^ grounded on a Petition to this House to dis- offending Parties |^g ^ Marriage for the Cause of Adultery, from marrying. » f » and to enable the Petitioner to marry again, shall be received by this House, unless a Pro- vision 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 dis- solved : Provided that if at the Time of exhi- biting the said Bill such offending Party or Parties shall be dead, such Provision as afore- said shall not be inserted in the said Bill. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. ( 1^ ) Die Veneris, 1 2" Julii 1811. 177. Ordered by the Lords Spiritual and Tern- p/ahtobei^.i poral in Parliament assembled, That when any T ^^^^'r^'''^' ^Y '■ J J (l^g Appellant Appeal shall be presented to this House on or and Respondent rcspcctivelvi 3 after the First Day of any Session or Meeting Fortnight after of Parliament, the Appellant and Respondent LtntelTforThe shall severally lay the Prints of their Cases Respondent to •' •' answer. respectively upon the Table of this House, or deliver the same to the Clerk of the Parlia- ments for that Purpose, within a Fortnight after the Time appointed for the Respondent to put in his Answer to the said Appeal ; and in Default of so doing by the Appellant, the said Appeal shall stand dismissed, but without pre- judice to the Appellant presenting a new Appeal within the first Fourteen Days of the next Session of Parliament, or within the then Remainder of the Time limited by the Standing Order, No. 118, for presenting Appeals to this House ; and in case of Default on the Part of the Respondent, the Appellant shall be at liberty forthwith to set down his Cause ex parte. 1 78 Ordered by the Lords Spiritual and Tern- Cases in Writs poral in Parliament assembled. That when any ,°;j 'Ji^the *^ Writ of Error shall be brought into this Table, by the ° _ Plaintiff and De- House during the Sitting of Parliament, the fendant sevc- ( 114 ) rally, a Fort- Plaintiff and Defendant shall severally lay the night after the Time appointed Prints of their Cases upon the Table of this Errorsf"'"^ House, or deliver the same to the Clerk of the Parliaments for that Purpose, within a Fort- night after the Time limited by this House for the Plaintiff to assign Errors, unless an earlier Day be specially appointed for that Purpose, in respect of such Writ of Error being brought merely for Delay. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Per- sons concerned may the better take Notice of the same. j-rg Die Jovis, 9° Aprilis 1812. On Appeal from Ordered by the Lords Spiritual and Tem- judgment of the poral in Parliament assembled. That when any ^on "the Leave Petition of Appeal shall be presented to this of the Court to House from any Interlocutory Judgment of present it, or _ ... „ . , that there was a either Division of the Lords of Session in Opinion on pro- Scotland, the Counsel who shall sign the said noiincing the Petition, or Two of the Counsel for the Party Judgment, to be ^^ ^ "^ certified iiyTvvo or Parties in the Court below, shall sign a Cer- of the Counstl ta i • • • i i t below, or by tiiicate or Declaration, stating either that Leave the PcSon^^" was gi'verl by the Division of the Judges pro- nouncing such Interlocutory Judgment to the ( H-^ ) Appellant or Appellants to present such Peti- tion of Appeal, or that there was a Difference of Opinion amongst the Judges of the said Division pronouncing such Interlocutory Judg- ment. 180. Ordered by the Lords Spiritual and Tern- ^°^'^^ '^ ^^ •' "^ given to a Re- poral in Parliament assembled, That to prevent spondem of the Delay on the Part of the Ptespondent or Re- Appeal is to be spondents to any Petition of Appeal presented pJeve'^c^any*^ to this House, in delivering their printed Cases -^^'^x '" '^^^'^- ° vering his printed pursuant to the Standing Orders of the same, Cases. that previous to any Petition of Appeal being presented to this House a Notice shall be given to the Agent or Agents of the Party or Parties in the Court below, who shall be made Respon- dent or Respondents to the said Appeal, of the Time when such Petition of Appeal is intended to be presented to this House, and the Day on which such Notice was given or caused to be given shall be indorsed by the Agent or Agents for the Petitioner on the Back of the said Appeal. Ordered, That the said Orders be declared Standing Orders, and that they be entered upon the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. 12 181. Cases on Appeals and Writs of Error to contain the Proofs taken in the Courts below, which the Parties severally mean to rely on. ( in> ) Die Mercurii, 24° Februarii 1813. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That for the future the printed Cases delivered in Appeals and Writs of Error, depending before this House, shall contain a Copy of so much of the Proofs taken in the Courts below, as the Party or Parties intend to rely on, respectively, on the Hearing of the Cause before this House, to- gether vk^ith References to the Documents where the same may be found. Ordered, That the said Order be declared a Standing Order, and that it be entered upon the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. 182. Causes to be heard on Mon- days, Wednes- days, and Fridays, from en o'clock in the Forenoon till a Quarter before Four o'clock in the Afternoon. Die Lunae, 3" Mail 1813. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled. That upon Mondays, Wednesdays, and Fridays, being the Days appointed for hearing Causes in this House, the House do meet at Ten of the Clock in the Forenoon, and do proceed to hear the said Causes the First Business after Prayers, and do continue hearing the same in the ( 117 ) Course and Order in which they stand in the Paper of Causes, till a Quarter before Four of the Clock in the Afternoon, and that no other Business do intervene. Ordered, That the said Order be declared a Standing Order, and that it be entered upon the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. Vide infia, No. joo. Die Martis, 6" Julii 1813. 183 Ordered by the Lords Spiritual and Tern- No Bill for any poral in Parliament assembled, That no Bill Jih'e'crhe°/'"^ for making any Cut, Canal, or Aqueduct, for P"''''<^ Local IT, (. 1 . ^ m Purposes enu- the Purpose of supplymg any City, Town, or menued in the Place with Water, or for making, extending, rf-ali'I'Third or improving the Navigation of any River, or ^ "^^' ['"'"^ for viaJdng any Canal for the Purposes of giv-" i" the TkT • • / \ r 1 • -11 •! Newspaper of Navigation (*), or tor making any Railway or every County, Tram Road, or any Tunnel or Archway, or MichSmls''* any Bridge, Ferry, Dock, Pier, Port, or Har- Q^^rtei Ses. •' " •' ^ sions holden hour, or any Turnpike Road, or for varying or for every such altering any such Cut, Canal, or Aqueduct, throush whidi C) 17 June 1814. I 3 * ( lis ) the Purpose in view is to be carried, of the intended Appli- cation in the en- suing Session of Pailiament for a Bill for such Purj'ose. Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or any Turnpike Road already made, or for altering any Act of Parliament passed for any or either of those Purposes, hy increasing or allering any Tolls or Duties, or by altering^ extending, or diminishing any JVorks mentioned in such Act (»), shall be read a Third Time in this House, unless Notice that an Application was intended to be made to Parliament to obtain such Bill shall be inserted in some One Newspaper of every County, in or through which any such Cut, Canal, or Aqueduct, Rail- way or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or any Turnpike Road, is intended to be made or carried, or in which any such Cut, Canal, or Aqueduct, Railway, or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or any Turnpike Road, already made and intended to be varied or altered, shall be, or in which such River or such Part thereof as is intended to be made navigable, or the Navigation thereof to be extended or im- proved, is situated, (or if there be not any News- paper printed in such Counties respectively, (^) 17th June 1814. ( iiy ) then in the Newspaper of some County adjoin- ing thereto), Three Times at the least in the Months of August \^), September, October, and November (*), or "^aniji^) of them, immediately preceding the Session of Parliament in which such Application is intended to be made ; and unless such Notice shall also have been given at the General Quarter Session of the Peace, which shall have been holden for every and each County, Riding, or Division, in or through which any such Cut, Canal, or Aqueduct, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or any Turnpike Road, is intended to be made or carried, or in which such Cut, Canal, or Aqueduct, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or any Turnpike Road, already made and intended to be varied or altered, shall be, or in which such River, or such Part thereof as is intended to be made navigable, or the Navigation thereof to be extended or improved, is situated, at Michaelmas or Epiphany («=) preceding the Session of Parlia- ' and (^) 24th June 1824. ^ either (•>) 24tli June 1824. (c) 30th June 1825. I 4< ( 1^ ) ment in which such Application is intended to be made, by affixing such Notice on the Door of the Session House of each and every such County, Riding, or Division where such General Quarter Session shall be holden ; save and except as to any Bill far any of the above Purposes m Scotland, in 'which Case, instead of af[ixing such Notice on the Door of the Sessions House, such Notice shall he written upon Paper, and affixed to the Church Door of the Parish or Parishes through which the Work or Purpose in view is to be carried, for Three Sundays in the Months of August, September, October, or No- vember, or any of them, immediately preceding the Session of Parliament in which such A'ppli' cation is intended to be made. That in that Part of the United Kitigdom called Scotland, when any Application is in" tended to be made to the House for Leave to bring in a Bill for regulating County Mates or Cess, or for building or repairing any Gaol or House of Correction, by Rates or Duties to be levied on the Subject, or for continuing or amending any Act of Parliament passed for any or either of those Purposes, or for the Increase or Alteration of the existing ( 121 ) Tollsy Rates, or Duties, or for either of those Purposes, Notice, prijited or "written on Paper, shall be affixed, during the Sitting of the Michaelmas Head Conrt preceding the Sessio7i of Paiiiajnent in which such Application is intended to be made, upon the Door of the Court House of the County or Counties in isohich such Rates are proposed to be regulated, or such Gaol or House of Correction is or is pro- posed to be situated. (*) Emendat. per Ordinem l"" Junii 1814. Emendat. per Ordinem 24° Junii 1824. Emendat. per Ordinem 30° Junii 1825. Ordered by the Lords Spiritual and Tern- jg, poral in Parliament assembled, That such Such Notices . • 1 XT r '° contain the several Notices shall contain the JNames ot Names of the the Parishes and Townships in, to, or through Jh^inTttfor which any such Cut, Canal, or Aqueduct, through which •' the I'ui-poie in Railway or Tram Road, Tunnel or Archway, view is to be Bridge, Ferry, Dock, Pier, Port, or Har- bour, or Turnpike Road, is intended to be made, carried, varied, or altered, or in which such River, or such Part thereof as is in- tended to be made navigable, or the Naviga- tion thereof to be extended or improved, is situated. (•) 30tli June 1825. I 5 * 185. A Map or Plan of every such Purpose (except that of a Turn- pike Road,) de- scribing the Lands through which the Line thereof is to be carried, and of the Streams of Water, if any, to be taken, with a List of the Owners, &c. of such Lands, an Estimate of the Expence, the Sums subscribed for it, with the Subscribers Names, and the Time necessary to compleat the Work, to be de- posited with the Clerk of the Parliaments pre- vious to the Bill for the same being brought from the Com- ( 122 ) Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That no Bill for all or any of the Purposes aforesaid, except Turnpike Roads, shall be read a Third Time in this House, unless previously to such Bill being brought to this House from the Com- mons, a Map or Plan of such intended Cut or Canal, Aqueduct or Navigation, Railway or Tram Road, Tunne' or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or of any intended Extension or Alteration in any Cut, Canal, Aqueduct, or Navigation, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, already made (as the Case may be), and of the several Lands from which any Streams of Water shall be intended to be taken for the Use of any such Cut, Canal, Aqueduct, or Navigation, shall have been deposited with the Clerk of the Parliaments ; in which Map or Plan shall be described the Line of such intended Cut, Canal, Aqueduct, or Navigation, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or of such intended Alteration, and the Lands through w^hich the same is intended to be carried, or from which any Streams of Water are intended to be taken, together with a Book of Reference, containing a List of the ( Uia ) Names of the Owners or reputed Owners, and also of the Occupiers of such Lands respectively ; and that there be also annexed to the said Map or Plan an Estimate of the Expence of such Undertaking (in Cases where Provision is intended to be made for raising Money to defray such Expence,) such Estimate to be signed by the Person or Persons making the same ; and if such Money is proposed to be raised by Subscription, that there be also annexed to the said Map or Plan an Account of the Money subscribed for that Purpose, and the Names of the Subscribers, with the Sums by them subscribed respectively ; and there shall also be annexed to such Map or Plan an Esti- mate of the probable Time within which the whole of such Work may be com- pleted, if not prevented by inevitable Acci- dent. 186'. Ordered by the Lords Spiritual and Tem- Such Map or poral in Parliament assembled. That previous to the Second Reading in this House of any Plan engraved or printed upon a Scale of one Inch at least to a Bill for making any Navigation, Aqueduct, Mile, to be an- , nexed to the Cut, or Canal, Railway or Tram Road, Prints of such Tunnel or Archway, Bridge, Ferry, Dock, Table! I 5 « ( 122d ) Pier, Port, or Harbour, or for improving the same, the Map or Plan of" the said Naviga- tion, Aqueduct, Cut, or Canal, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, which is directed to be lodged in the Parliament OflSce as before mentioned, shall be engraved or printed upon the Scale of an Inch at least to a Mile, and annexed to the printed Copies of the Bill, and shall be laid upon the Table of this House. 187. Application to Ordered by the Lords Spiritual and Tem- Ovviiers, &c. ot poral in Parliament assembled. That no Bill wSln7Sh for all or any of the Purposes aforesaid, Purpose (except exccpt Turnpike Roads, shall be read a for that of a Turnpike Third Time in this House, unless previously carried,''and a" to such Bill being brought to this House Listoftiie As- fj^.Qj^ |.j^g Commons, Application shall have sents or Dis- ^^ sents to be de- been made to the Owners or reputed Owners, posired in the i /-\ • like Manner and and also to the Occupiers of the Lands in TimeaTthe ^r through which any such Cut, Canal, Map &c.in Aqueduct or Navigation, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, is intended to be made or carried, or any such Altera- tion is intended to be made, for the Con- ( 123 ) sent of such Persons respectively ; and unless such Map or Plan as aforesaid, or a Duplicate thereof, shall at the Time of such Application have been shewn to them respectively ; and un- less separate Lists shall have been made of the Names of such Owners and Occupiers, distin- guishing which of them upon such Applio ition have assented to or dissented from such intended Cut, Canal, Aqueduct or Navigation, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port, or Harbour, or such Alteration, or are neuter in respect thereof; and unless such List shall be deposited with the Clerk of the Parliaments at the same Time as the Map or Plan and Book of Reference men- tioned in the Standing Order, No. 185. 188. Ordered by the Lords Spiritual and Tem- Alike Appiica- poral in Parliament assembled. That in case and a'like Ust' any Bill for all or any of the Purposes aforesaid, 'ieposited (as m •^ ^ -^ ^ ' No. 187), where except Turnpike Roads, shall contain a Clause Power is given to empower the Persons who shall make such the Line de- Cut, Canal, Aqueduct or Navigation, Railway ^Jj'^^^t Pian'to or Tram Road, Tunnel or Archway, Bridge, be- deposited by No. 135t Ferry, Dock, Pier, Port or Harbour, as afore- said, or any Part thereof, to vary or deviate from the Line particularly described in the Map or Plan deposited as aforesaid with the Clerk of the Parliaments, such Bill shall not ( 1^24 ) be read a Third Time in this House unless a like Application shall have been made to the Owners or reputed Owners and Occupiers of the Lands through which such Cut, Canal, Aqueduct or Navigation, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port or Harbour, might pass, by virtue of the Power so given to alter or vary the Line thereof, and unless a like List as aforesaid of such Owners or reputed Owners and Occupiers be deposited at the Time and in the Manner aforesaid with the Clerk of the Parliaments, as if it had been originally pro- posed to carry such Cut, Canal, Aqueduct or Navigation, Railway or Tram Road, Tunnel or Archway, Bridge, Ferry, Dock, Pier, Port or Harbour, through the Lands of such Persons respectively. 189. Application to be made in like Manner to the Owners, &c. of Lands, Streams, and Mills from which any Water may be taken to their Prejudice by a Bill for the Pur- poses of any Na- vigation, Aque- duct, Cut, or Canal. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That no Bill for making or improving any Navigation, Aqueduct, Cut or Canal, shall be read a Third Time in this House, unless previously to such Bill being brought to this House from the Commons, Application shall have been made to the Owners or reputed Owners, and also to the Occupiers of Lands, Streams, and Mills from vi^hich any Water shall by such Bill be ( 125 ) proposed to be taken for the Purposes of such Navigation, Aqueduct, Cut or Canal, to the Prejudice of such Owners or reputed Owners or Occupiers of such Lands, Streams, and Mills respectively. 190. Ordered by the Lords Spiritual and Tern- The Provisions poral in Parliament assembled. That no Bill iltivetodeM^' for any Turnpike Road, whereby Power shall f;,'"s ''.^^p ""^ •> IT J J rlan of the Pur- be given to make a new Road, or to alter or poses tiiere men- vary the Line of Road before used for any to Turnpike Space exceeding One hundred Yards, shall be ^°l,^j. j^ H^ ^ read a Third Time in this House, unless pre- to "lake a new Road, or vary viously to such Bill being brought to this the Line of Road House from the Commons a Map or Plan of the Space of One such intended new Road, or of any intended hundred Yards, ' -^ mutatis mu- Alteration in any Road already made (as the "n<'is. Case may be), shall have been deposited with the Clerk of the Parliaments, in which Map or Plan shall be described the Line of such in- tended new Road, or of such intended Altera- tion, and the Lands through which the same is intended to be carried, together with a Book of Reference containing a List of the Names of the Owners or reputed Owners, and also the Occupiers of such Lands respectively, and that there be also annexed to the said Map or Plan an Estimate of the Expence of such Under- taking (in Cases where Provision is intended to ( 126 ) 191. All the Powers given by any Bill for the Pur- poses aforesaid in No. 183, ex- cept Turnpike Roads, to cease, if the Work shall not have been completed within the Time limited by the Bill, save as to so much of the Work as shall have been so completed. be made for raising Money to defray such Expence), such Estimate to be signed by the Person or Persons making the same; and if such Money is proposed to be raised by Sub- scription^ that there be also annexed to the said Map or Plan an Account of the Money subscribed for that Purpose, and the Names of the Subscribers, with the Sums by them sub- scribed respectively; and there shall also be annexed to such Map or Plan an Estimate of the probable Time within which the whole of such Work may be completed, if not prevented by inevitable Accident. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That no Bill for any such Purposes as aforesaid, except Turnpike Roads, shall be read a Third Time in this House, unless there shall be contained therein a Provision, that in case the Work intended to be carried into Effect under the Authority of such Bill shall not have been completed, so as to answer the Objects of such Bill, within a Time to be limited by such Bill, all the Powers and Authorities given by such Bill shall thenceforth cease and determine ; save only as to so much of such Work as shall have been completed within such Time, with such Provisions and Qualifications as the Nature of the Case shall require. ( 1^7 ) 192. Ordered by tlie Lords Spiritual and Tern- Four-fifths of the poral in Parliament assembled, Tliat no Bill pence of any for any such Purposes, except Turnpike Roads, ^"^h Purposes, *' . . except lurnpike shall be read a Third Time in this House, i^oads, to be sub- unless Four-fifths of the probable Expence of the binding Contract proposed Work shall have been subscribed by ni'.'ied'aTd'r Persons under a Contract, binding the Sub- J'rovision to be made for the scribers, their Heirs, Executors, and Admini- whole Expence strators, for Payment of the Money so subscribed, for bVore the within a limited Time, nor unless there shall l^",?^'^ "* ^'."^ ' JJill are put ni be contained in such Bill a Provision that the ^'^'^ce. whole of the probable Expence of such Work shall be subscribed in like Manner before the Powers and Authorities to be given by such Bill shall be put in force. 193. Ordered by the Lords Spiritual and Tem- Provision to be made in Bills for poral in Parliament assembled, That no such Bill any Cut, Canal, for any Cut, Canal, or Aqueduct, which shall cioss?ng a"puhUc cross any public Road, shall be read a Third ^°^''' '^^^ ^^^ •' '^ Ascent to every Time in this House, unless there shall be con- Bridge made tained therein a Provision that the Ascent to for such Road every Bridge to be made over such Cut, Canal, jl;allone''Fror or Aqueduct, for the Purpose of such public "' Thirteen, and the Fence Four Road, shall not be more than One Foot in Feet above the Thirteen, and that the Fence on each Side of such Bridge shall not be less than Four Feet above the Surface of the Bridijc. Ordered, That the said Orders be declared Standing Orders, and that they be entered upon ( us ) the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. 194. An Appendix to be added to Cases in Appeals and Writs of Error brought previous to a 4th February 1813, containing the Proofs in- tended to be re- lied on by the Parties respectively. Die Mercurii, S'* Decembris 1813. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That in all Cases of Appeals and Writs of Error which were depending in this House, and the printed Cases in which were delivered on or before the 24th Day of February 1813, the Party or Parties do respectively print an Appendix to the said Cases delivered, and do therein set forth so much of the Proofs taken in the Courts below, as they intend to rely on, respectively, on the Hearing of the said Causes, and which is not already set forth in the printed Cases by them so respectively delivered, and that such Appendix do contain a Reference to the Docu- ments where the same may be found; and further, that the Party or Parties do deliver the same to the Clerk of the Parliaments, or to the Clerk Assistant, to be distributed to the Lords of this House, at least Four Days before the Hearing of the said Causes. Ordered, That the said Order be declared a Standing Order, and that it be entered upon the Roll of Standing Orders of this House, and C m) ) printed and published, to the end all Persons concerned may the better take Notice of the same. Die Veneris, 17" Junii 181 4 . ig- Ordered by the Lords Spiritual and Tern- An Affidavit poral in Parliament assembled, That upon attested by the every Bill for making any Cut, Canal, or fX^te'r" Aqueduct for the Purpose of supplyinf; any shenffSubsti- / / trj o J tuteorScewan City, Town, or Place in Scotland with Water, Depute of any - , . ■,. . . . County or Stew- or tor makmg, extending, or improving the anry in Scot- Navigation of any River, or for making any ^^"''B^^i'fora'^ Canal for the Purposes of Navigation, or for Canal, or for any other public making any Railway or Tram Road, or any Local Purposes rri 1 * I T» • J T' enumerated in Tunnel or Archway, or any Bridge, Ferry, the Standing Dock, Pier, Port, or Harbour, or any Turn- orders No. 1 83 ' ' ' 'J to No. I go m- pike Road in Scotland, or for varying or al- elusive, and herein also set termg any such Cut, Canal, or Aqueduct, forth, may in Railway, or Tram Road, Tunnel or Archway, rebtej^ohe're- Bridge, Ferry, Dock, Pier, Port, or Harbour, or ceivedas Evi- ^ ' . dence before the any such Turnpike Road already made, or for Committee that , . A r rt T ^ r the several Mat- altering any Act or rarJiament passed tor any ters required by or either of those Purposes, by increasing or o^^j^/^'^if^^g'^'"^ altering any Tolls or Duties, or by altering, been complied extending, or diminishing any Works men- tioned in such Act in Scotland, an Affidavit taken before the Sheriff or Stewart Depute, or Sheriff Substitute or Stewart Depute of the County or Stewartry in Scotland, to which any such Bill may in whole or part relate, K ( 130 ) 196. Every such Affi- davit to be ac- companied by a Certificate of the Sheriff, &e. that a Copy of the Bill had been in his Possession Three Days be- fore, and that the Person making such Affidavit was competent to speak to the Facts. attested under the Hand and Seal of such Sheriff or Stewart Depute, or Sheriff Substi- tute or Stewart Depute, shall be received by the Committee to whom any such Bill shall be referred, as Evidence that the several Matters required by the Standing Orders of the 6th Day of July 1813, Nos. 183, 184, 185, 186, 187, 188, 189, and 190, have been complied with. Ordered by the Lords Spiritual and Tem- poral in Parliament assembled, That every such Affidavit shall be accompanied with a Certificate of the Sheriff or Stewart Depute, or Sheriff Substitute or Stewart Depute before whom it is made, stating that a printed Copy of the Bill to which such Affidavit relates was in his Possession Three Days before the Person making the Affidavit appeared before him, and that after having examined such Person into the Grounds of his Knowledge of the Facts therein set forth, he was of Opinion that the Affidavit was made by a Person in every Re- spect competent of his own Knowledge to speak to the Facts therein attested. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned make the better take Notice of the same. tions set forth in the Order. ( 131 ) DieMartis, 5° Mail 1818. I97. Ordered by the Lords Spiritual and Tern- Consents of Persons con- poral in Parliament assembled, That for the cemed in the future it shall be sufficient to have the Consent pi^vaTe^Bms"" of the Persons concerned in the Consequences '^''^e to Estates ^ m Land or He- of private Bills regarding Estates in Land or ritaWe Estates in Heritable Estates in Scotland, in the Pro- ;„ the Propor- portions following; viz'. Four-fifths of the Ten next in Succession to the Person or Persons applying for such pri- vate Bill; provided it is satisfactorily proved to the Committee, that those of this the first Ten, whose Consent has not been obtained, are absent Abroad, or cannot be found in the Kingdom of Great Britain. Two-thirds of the Twenty next in Succession after the said Ten : One Half of the Twenty next in succession after the said Twenty ; and One-third of all the other Persons concerned in the said Bill ; without Prejudice, nevertheless, as heretofore, to every Person concerned to petition against the said Bill, and to be heard for his Interest therein. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the bame. K '■2. ( ^'^'^ ) ]g8. Die Merciuii, 7° Julii 1819. A Select Com- Ordered by the Lords Spiritual and Tem- mittee fo en- i • -r» t ii i rri r- 1 i-» live lothei>aiiic. or Persons standing in the Place ot the Person or Persons so dying as aforesaid, a Supplemen- tal Case shall be delivered by the Party or Parties so reviving the same respectively, stating the Order or Orders respectively made by the House in such Case. The like Rule shall be observed by the Appellant and Respondent respectively, where any Person or Persons, Party or Parties in the Court below, have been omitted to be made a Party or Parties in the Appeal before this House, and shall by Leave of the House, upon Petition or other- wise, be added as a Party or Parties to the said Appeal, after the printed Cases in such Appeal shall have been delivered. Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons con- cerned may the better take Notice of the same. Die Lunae, 7° Julii 1823. 200. Ordered by the Lords Spiritual and Tern- i he Days of 1 • r» 1- 1 1 1 rrii -i i healing of Ap- porai m Parliament assembled, Ihat until the p^ais and w rits K 3 ( 134 ) of Error, 'till Number of Appeals and Writs of Error de- reduccd, to be pending before this House shall be sufficiently dJ°s,'^WejTesr ''educed, this House, in every future Session days, Thursdays, ^^f Parliament, do sit to hear Appeals and and Fridays, in every Week, Writs of Error on Monday, Tuesday, Wednes- 1)7 the Order/ ^^^yj Thursday, and Friday in each Week, un- less the House shall think fit to adjourn over any of such Days, save and except on the Jirst and last Days of Hilary, Easter, Trinity, and Michaelmas Term, and also save on any Day on 'which the House shall for special Cause resolve not to hear Causes. Emendat. perOrdinem 13"Februarii 1824. 201. The House to Ordered by the Lords Spiritual and Tem- meet on such •' *■ Days at 10 poral in Parliament assembled, That the Plouse till 4 on Causes, do meet on each of the said Days at the Hour Commiuerof' ofTcno'Clock in the Forenoon, and do con- Priviieges being tiuue Sitting on the Hearing of Causcs till the appointed, shall assemble at a Hour of Four, except on any of such Days *isohen 10 o'clock • in ^^'^ Committee of Privileges shall he appointed which Case, ^^ ^^t j.^^ >-^jiic]i Case the said Committee of Causes not to be ' ^ heard till after Privileges shall sit at Ten of the Clock in the Prayers read at 12 o'clock. But Forenoon; and ij Seven Lords shall not be pre- mi^'tee be^not ^^^^ ^^ form a Committee of Privileges at a assembled at a Quarter after Ten of the Clock of the said Day, Quarter after 10, ^^ ^ ^ ^ ^' the House to the Housc shall then inoceed to Prayers^ and ers, and then to immediately after'wards to hear Causes : But if Causes. Seven Lords shall he prese7it at a Quarter after Ten of the Clock of the said Day to form a ( 135 ) Committee of Privileges, then the House shall proceed to Prayers at Twelve o'clock at Noon of the said Day, a7id immediately after on the Hearing of Causes. Einendat. perOrdinem 19°Martii 1824. 202. Ordered by the Lords Spiritual and Tern- Three Lord* to poral in Parliament assembled, That Three attend each D«y. Lords be required to attend upon each of the said Days of hearing Appeals and Writs of Error. 203. Ordered by the Lords Spiritual and Tern- The House to poral in Parliament assembled, That for the Monday next better enforcing ilie Attendance of the Lords '^'''''^' J^"'" o ing of each upon the Hearing of Appeals and Writs of ^"^^^'o"* Error, the House be called over on the Mon- day next after the Meeting of each Session of Parliament. 204. Ordered by the Lords Spiritual and Tern- The Method of ballot ling for poral in Parliament assembled, That the next the Lords who Day after the House is called, the Titles of a„ j o,- a„poi,it. such Lords as shall then be and as shall have i"s''if Day for their Atten- been present in such Session, antecedent to the dm". said Call, shall be written on separate Slips of Paper, and put into ballotting Glasses at the Table ; and that Three of the said Titles be drawn out by the Clerks, and set down in rotation, as the same are drawn, till all the Titles be so drawn out ; and that Days be K 4 ( 136 ) appointed for the Attendance of each Set of Lords, whose Titles have been so drawn ; after which the Titles of the Remainder of the Lords (upon the Roll), save as to those who it is hereafter provided shall be excused from the Ballot, shall in like Manner be ballotted for, and subsequent Days appointed for their Atten- dance : And that Letters be written by the Lord Chancellor or the Speaker to the said Lords, requiring their Attendance on the Days so appointed for the same; and that a List of the said Lords, and of the Days on which their Attendance is so required, in rota- tion, be printed and transmitted to each of the said Lords. 205. Lords to attend Ordered by the Lords Spiritual and Tem- on the Days appointed in poral in Parliament assembled, That the Three Person, 01 some t j j. j • *. x* i ii other Lord to Lords SO sct down m rotation do severally attend in their attend on the Days respectively fixed for such Stead, under a ^ i j Penalty of Fifty their Attendance, during the Time that the House shall on such Days sit on the Hearing of Causes, under a Penalty of Fifty Pounds, to be incurred and paid by any Lord who shall make Default in that Respect, unless he shall procure some other Lord to attend in his Stead ; and that the said Three Lords be, on the Evening preceding the Day appointed for such their Attendance, duly summoned for that Purpose. ( 137 ) 206. Ordered by the Lords Spiritual and Tem- ^^''^^ ""ai"'* '» attfiid from Age poral in Parliament assembled, That such (i>eing 70 Years Lords as are unable to serve from Age, being permanom "in- Seventy Years old and upwards, or from per- *^''""^y» ^° ^^ •' 1 r cxcviSLd from tnanent Infirmity, do certify the same by Letter the Ballot. to the Lord Chancellor, or to the Clerk of the Parliaments, on or before the Commencement of the Session, and that thereupon they be ex- cused from the Ballot. 207. Ordered by the Lords Spiritual and Tem- Lords, under ill- poral in Parliament assembled, That such tion,toblexcure'd Lords as are unable to serve, from Ill-health "" I'jf^'i*^'"'* ' tor their Attcn- or Domestic Affliction, or for other special dance. Cause to be admitted by the House, be excused for their Absence on the Day appointed for such their Attendance. 208. Ordered by the Lords Spiritual and Tem- Lords taking poral in Parliament assembled, That all Lords Descent or who shall take their Seats after the Ballot, by the'SS', to'be Descent, or shall be introduced upon a new *^^ '^°^^" '" ^^^ '■ Order of their Creation, or otherwise, shall be set down at the taking the same, -r, p 1 X • • 1 i'A 1 • 1 • t 3nd Days to be Bottom or the List in the Order ' in which appointed for they respectively take their Seats, and Days j^^^'^Ig^"^"' shall be appointed for their Attendance in rotation. 209 Ordered by the Lords Spiritual and Tem- A Copy of the •' "■ Orders relating poral in Pai'liament assembled. That a Copy of to the Atten- 1 f ■■ 1 • /^ 1 1 I * dance of Lords in such Stanumg Orders as relate to the Atten- Causes to be tioned in Order 204. ( 138 ) transmitted to dance of the Lords on the Hearing of Causes, the List men- shall be transmitted to each Lord, together with the List, according to the Fifth Order. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House. 210. Die Mercurii, 2" Junii 1824. No Bill for Ordered by the Lords Spiritual and Tem- enactmg or de- •' '^ daring any Per- poral in Parliament assembled. That in future, Politic or Cor- with the Exception of Bills for making or im- Sdng°tlfem Proving any Turnpike Road, Navigation, Aque- any of the Privi- duct, Cut or Canal, Railway or Tram Road, leges mentioned in the Order, Tunnel or Archway, Bridge, Ferry, Dock, tion of Bills for Pier, Port or Harbour, and of Bills for light- ' n^ merateTin ^"o' P^^i^g' ^^ Watching any one Town, Parish, the said Order, or District, Or for the Cultivation and Improve- to be read a First f ITT T 1 11 T.-11 Time, till re- ment of Waste Lands, all Bills brought into Commit'tee -^nor ^^^^ House enacting and declaring that cer- a Second Time j-ajn Persons shall form a Body Politic and till such Com- •' mittee shall re- Corporate, who shall only be bound to the port that Three ^-i r i • • oi Fourths of the Lxtcnt oi tlieir respective Shares, or granting Capital intended ^^ .^^ ^^^ ^^^ Privilege of a perpetual Sue to form their & r r Joint Stock is cession and a Common Seal, or the Right of vested in the . i i • Bank of Eng- suiiig and being sued, plead mg and being im- chequer Biilsr Pleaded, at Law or in Equity, or of prosecuting onn the Funds, ^^y Person who shall commit any Felony, in the Name of •^ ^ ^ ^ ' Trustees, till by Misdemeanor, or other Offence, or any Bill con- Law they are . -vt i r i-» i constituted a veying to any Number 01 Persons wlio are not ( 139 ) bound conjointly and severally to the Extent of Bjiiy Politic and .1 • X- T-i ^ /» 1 Corporate, or their respective fortunes One or more of the iiuii have ac- quired any of the Said Privilege*. aforesaid Privileges ; such Bill, after being read a First Time, shall be referred to a Select Committee ; and that no such Bill shall be read a Second Time till the Committee to which it is referred have reported that it has to them been proved, in a satisfactory Manner, that Three Fourths of the Capital intended to form the Joint Stock of such Company is deposited in the Bank of England, or vested in Exchequer Bills, or in the Public Funds in the Name of Trustees, to be transferred to such Company when they are by Law consti- tuted a Body Politic and Corporate, or hare by Law acquired any of the aforesaid Privi- leges. 211. Ordered by the Lords Spiritual and Tem- N" Bill for •' ^ granting any poral in Parliament assembled, That in future, Body Politic and when any Bill shall be brought into this House, Charter, not granting and enacting in favour of any Body ETent°of'lheir Politic and Corporate previously constituted Fo' tunes, further * * *^ Privileges, un- such by Royal Charter, and who are not bound less intended for conjointly and severally to the Extent of their cepted in Order respective Fortunes, further Privileges; such ^'pi'^^'"^!^''"''... Bill if not intended to effect the Objects spe- referred to a _ 1 ^^'^'^' Cominit- cially excepted in the former Order, after tee, nor a Se- being read a First Time, shall be referred to a such Committee ( 140 ) shall report that Three Fourths of the Capital in- tended to form their Joint Stock has been paid by the Individual Proprietors. Select Committee ; and that no such Bill shall be read a Second Time till the Committee to which it is referred have reported that it has to them been proved in a satisfactory Manner that Three Fourths of the Capital intended to form the Joint Stock of such Company has been paid up by the individual Proprietors. Ordered, That the said Orders be declared Standing Orders, and that they be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. 212. An Abstract of the Proofs, and also a Pedigree on which any Claim to vote for the Repre- sentative Peers of Ireland is founded, to be laid on the Table of the House, and also delivered to the Lord in the Chair of the Committee to which the same is referred. Two Days be- fore the Hear- ing, otherwise, not to be pro- ceeded on. Die Jovis, 17° Junii 1824. Ordered, by the Lords Spiritual and Tem- poral in Parliament assembled, That this House, or any Committee thereof, do not proceed to the Hearing upon any Claim to vote for the Representative Peers of Ireland, until after a Statement or Abstract of the Proofs, and also of the Pedigree upon which such Claim may be founded, together with the Dates thereof, shall be laid on the Table of the House, and also delivered to the Lord in the Chair of the said Committee to which the said Claim may be referred, Two Days before the Hearing. ( 141 ) Ordered, That the said Order be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House, and printed and published, to the end all Persons concerned may the better take Notice of the same. ( 143 ) APPENDIX. 31° Hen. 8. c. 10. For placing of the Lords* " FORASMUCH as in all great Councils ** and Congregations of Men, having sundry " Degrees and Offices in the Commonwealth, *' it is very requisite and convenient that an " Order should be had and taken for the " placing and sitting of such Persons as been *' bounden to resort to the same, to the Intent *' that they, knowing their Places, may use the ** same without Displeasure or Let of the <» Council ; therefore, the King's most Royal ** Majesty, although it appertaineth unto His ** Prerogative Royal to give such Honour, " Reputation, and placing to His Councellors, " and other His Subjects, as shall be seeming ** to His most Excellent Wisdom, is never- " theless pleased and contented, for an Order " to be had and taken in this His most High " Court of Parliament, that it shall be enacted ( 144 ) " by Authority of the same, in Manner and *' Form as hereafter followeth :" None shall sit on either Side of the Cloth of Estate, (except only the King's Children.) Place of the King's Vice- gerent in Efcle- siastical Juris- diction. II. First, it is enacted by Authority afore- said. That no Person or Persons, of what Estate, Degree, or Condition soever he or they be of, (except only the King's Children), shall at any Time hereafter attempt or presume to sit or have Place at any Side of the Cloth of Estate in the Parliament Chamber, neither of the one Hand of the King's Highness, nor of the other, whether the King's Majesty be there personally present or absent : *' And forasmuch " as the King's Majesty is justly and lawfully " Supreme Head in Earth under God of the *' Church of England, and for the good Exer- *' cise of the said most Royal Dignity and " Office, hath made Thomas Lord Crumwel, ** and Lord Privy Seal, his Vicegerent for good " and due Ministration of Justice, to be had " in all Causes and Cases touching the Eccle- *' siastical Jurisdiction, and for the godly *' Reformation and Redress of all Erroi's, " Heresies, and Abuses in the said Church :" It is therefore also enacted by Authority afore- said, That the said Lord Crumwel, having the said Office of Vicegerent, and all other Persons which hereafter shall have the said Office of the Grant of the King's Highness, ( ^-^'^ ) His Heirs or Successors, shall sil and be placed, as well in this present Parliament as in all Parliaments to be holden hereafter, on the Right Side of the Parliament Chamber, and upon the same Form that the Archbishop of Canterbury sitteth upon, and above the same Archbishop and his Successors, and shall have Voice in every Parliament to assent or dissent as other the Lords of the Parliament. III. And it is also enacted, That next to the I'lacing of the Archbisliops and said Vicegerent shall sit the Archbishop of Bisiiops: Canterbury ; and the next to him, on the same Form and Side, shall sit the Archbishop of York ; and next to him, on the same Form and Side, the Bishop of London ; and next to him, on the same Side and Form, the Bishop of Durham ; and next to him, on the same Side and Form, the Bishop of Winchester ; and then all the other Bishops of both Provinces of Canterbury and York shall sit and be placed on the same Side, after their Ancienties, as it hath been accustomed. IV. " And forasmuch as such other Per- Ai.oofthc Lord " sonages which now have and hereafter shall Lord Treasurer, 7 INDEX. j^ppcals — continued. No, Not to be signed but by Counsel who were in the Cause below, or by those who shall attend at the Hearing - - - - 58 Printed Cases in, not to be delivered unless signed by One or more Counsel in the Cause below, or by those who shall attend at the Hearing - 59 Vide infra, No. 117. 177. 181. 194. 199. - — - No Petition to put off the Day of Hearing of, to be received, unless upon Proof on Oath of Two Days Notice given to the adverse Party - - 60 — — A Recognizance in the Sum of 400/. to abide the Costs, on the Decree or Judgment being affirmed, to be entered into by the Appellant within Eight Days after the Appeal received, otherwise the same to stand dismissed - - - CI — — • On the Day appointed for the Hearing of, to be proceeded upon the first Business - - 62 Vide infra. No. 124. 182. 200, 201. At the Hearing of, the Lords to be on one of the Benches - - - - 64 Neither the Attorney General, nor any other Assistant of the House, having taken his Place on the Woolsack, to be of Counsel in, for any private Person - - - - 63 If no Answer be put in to^ at the Time limited for the same, upon Proof of Service of the Order, a peremptory Day to be appointed for the same, without further Notice to the Respondent - 106 To which Answers have been put in during one Session, but which have not been appointed for hearing, if neither the Appellant nor the Respon- dent, within Eight Days after the First Day of the next Session, shall apply for a Day for hear- ing, to stand dismissed - - - 107 — — To which no Answers have been put in in one Session, to stand dismissed, if within Eight Days after the First Day of the next Session the Appellant do not apply for a peremptory Answer, or the Respondent fail to put in an Answer - 108 -^— Answers to, the Day when brought in, to be endorsed thereon, and to be entered in the Journal - 109 IND EX. Appeals — coniinued. No. Printed Cases in, to be distributed to the Lords Four Days before the Hearing, and no other different Cases afterwards to be printed or de- livered. Sed vide infra, 194, 199. - - 117 Vide supra. No. 59. — fide infra. No. 177. ■■ f I None to be received after Five Years from the signing and enrolling of any Decree of a Court of Equity in England or Ireland, or of extracting the Decreet of any Court of Equity in Scotland, and the end of Fourteen Days after the First Day of the Session next ensuing the said Five Years, unless the Party be within Age, or 7ioji compos Mentis, imprisoned, or out of Great Britain and Ireland, in which Case the Party may bring his Appeal within Five Years after such Disability removed ; and the end of Fourteen Days in the next Session of Parliament - - II 8 " At the Hearing of, Form of Proceeding to be, for the First Counsel for the Appellant to open the Cause, then the Evidence to be read, and the Appellant's other Counsel to observe upon it : Then one of the Respondent's Counsel to be heard, their Evidence read, the other Counsel for the Respondent to observe upon the same, and one Counsel for the Appellant to be heard in Reply - - - - - 119 — If a Session determine before the Time limited for putting in an Answer is expired, and it be not put in. Service of the Order on the Respondent Five Weeks before the First Day of the next Session to be good Service ; and if no Answer be put in within Three Days after the First Day of the next Session, a peremptory Answer may be applied for - - - - 1 23 -^— To be heard in course in subsecpient Sessions as they stand appointed, on Wednesdays, Fridays, and Mondays, successively, during the Ses- sion, beginning on the Wednesday in the Week next after the Week in which the Session com- mences - - - - 124 Vide supra, No.62.--rJdein/ra,No. 182.200, 1. M 2 INDEX. Appeals — continued. No. ■ On Default of either Side appearing on the Day appointed for hearing, the Cause to he heard ex parte - 124 177 If neither Side appear, the Appeal to stand dis- missed, but without Prejudice to the Appellant presenting a new Appeal - - - ibid. ^— Printed Cases in, to be laid on the Table by both Parties within a Fortnight after the Time ap- pointed for the Respondent to answer ; on Default ot the Appellant, the Appeal to stand dismissed ; on Default of the Respondent, the Appellant to be at Liberty to set down the Cause ex parte _ - - - - Videinfra,^oAQ\. 194. 199. Videsvpra, No. 117. 59. From any interlocutory Judgment of a Division of the Lords of Session, the Counsel who sign the Petition of, or Two of the Counsel for the Party below, to certify the Leave of the Judges who pronounced the Judgment for the Petition to be presented, or that they differed in Opinion upon the Judgment _ - - _ 179 ■ To prevent Delay in the Respondent in delivering his printed Cases in. Notice to be given to his Agent in the Court below, of the Time when the Petition is intended to be presented, and the Day when the Notice was given to be indorsed on the Appeal - - - - 180 Printed Cases in, to contain the Proofs below which the Parties intend to rely on respectively, and a Reference to the Documents where they may be found _ _ - - 181 Vide supra, Nos. 177- 1 17.59. Vide infra, Nos. 194. 199. On the Days appointed for hearing, the House to meet at Ten o'clock, to proceed to hear Causes the first Business after Prayers, and to continue to do so till a Quarter before Four o'clock^ and no other Business to intervene - - 182 Vide supra, ISio. 124. 62. Vide infra, No. 200, 201. INDEX. Appeals — continued. No. • An Appendix, to be printed to all the printed Cases of, depending, and delivered on or before 24'th February 1813, setting forth so much of the Proofs below as the Parties intend respec- tively to rely on, with a Reference to Documents where the same may be found, and to be dis- tributed Four Days before the Hearing - 1 94 Supplementary Cases to be delivered in, by the Party or Parties respectively reviving them, setting forth the Order or Orders respectively made by the House in such Case - - 199 — — Also by the Appellant and Respondent respectively, where any Party or Parties in the Court below have been omitted, and on Petition, or otherwise, have been added as a Party or Parties after the printed Cases delivered in such Appeal - ibid. ■ The Days of hearing, till the Number of Causes shall be sufficiently reduced, to be Monday, Tuesday, Wednesday, Thursday, and Friday in every Week, the First and last Days of the Judicial Terms, and such Days as the House for special Cause shall resolve not to hear Causes, excepted 200 Fide supra, No. 182. 124. 62. Vide infra. No. 201. On the Days of hearing the House to meet at Ten o'clock, and continue sitting thereon till the Hour of Four, except on a Day when the Com- mittee of Privileges being appointed, shall assem- ble by a Quarter after Ten o'clock, in which Case the House not to sit on Causes that Day till after Prayers read at Twelve o'clock - 201 The Lords to be required to attend - 202 To enforce the Attendance of the Lords, the House to be called over on the Monday next after the Meeting of each Session of Parliament 203. The Day after such Call, the Titles of the Lords then present, and of those who shall have been present in the antecedent Session, to be ballotted for, and every Three Titles drawn ■ to be set down in rotation, and Days appointed M 3 INDEX. Appeals — continued. No. for the Attendance of each Set of Lords re- spectively - _ _ - 204 ■ The Remainder of the Lords upon the Roll (those who shall be excused excepted) to be then ballotted for, and Days appointed for their At- tendance in like Manner - - ibid. — — Letters to be written by the Lord Chancellor or Speaker of the House to the Lords, requiring their Attendance on the Days severally appointed for the same - - - - ibid. A List of the Days and of the rotation in which the Lords are required to attend to be printed and transmitted to each Lord - - ibid. Every Lord set down in Rotation, to attend per- sonally, on the Day fixed for his Attendance, or some other Lord to attend in his Stead, under a PenaJtyofFiftyPounds on Default in thatrespect 205 To be summoned on the Evening preceding the Day appointed for his Attendance - ibid. Lords, who are Seventy Years of Age, or under any permanent Infirmity, ceriifying the same to the Lord Chancellor or the Clerk of the Parliaments, on or before the Commencement of the Session, to be excused from the Ballot - - 206 . Unable from Sickness, or domestic Affliction, or for other special Cause to be admitted by the House, to serve on the Day appointed for their Attendance, to be excused in respect of the same - - - - 207 Who, after the Ballot, shall byDescent, or by Intro- duction, or otherwise, take their Seats, to be set down in the Order in which they shall take the same, and Days to be appointed for their Attend- ance in rotation _ _ _ 208 A Copy of the Standing Orders relative to the Attendance of Lords on the Hearing of Causes to be transmitted to each Lord, with the List directed by Order No. 204. - - 209 Apprenticeship, Bill to alter the Laws in relation to any particular Business not to be read a Third Time, till the INDEX. Apprenticeship — continued. No. Expediency of the Regulations shall have been enquired into by a Select Couiniittee, and they shall have reported upon the Expediency of the same, and of the Bill being taken into further Consideration by the House - - 193 Archway. See Public Local Bills, No. 183 to 193, inclusive. Assistants, Those of the Privy Council called by Writ, to be used with the same Respect as the Judges, not to be covered till admitted so to do - - 6 —— Neither the Attorney General nor any other, after having taken their Place on the Woolsack, to be" of Counsel, at the Bar of the House, for any private Person - - - - 63 Attendance of Lords on Appeals, fide infra. No. 202 to 209 inclusive. Attendants, The Judges and Privy Councillors, called by Writ to attend, not to be covered nor to speak, save by Leave of the House - - - 4 The Learned Counsel are to attend on the Wool- sacks, but are never covered - - 5 At Select Committees not to sit nor be covered - 32 See Judges. Attorney General. See Assistants, No. 63. B. Banbury, Earl of, The Precedency granted to, before divers other Lords of ancienter Creation, not to be drawn into Example - - - - 86 Vide Precedence infra. Bar, of this High Court, The calling a Member to it, to be very well weighed as to Time, and Cause - - 48 Bills, One pro formd to be read at the beginning of every Session of Parliament previous to His Majesty's Speech being reported - - - 8 m4 INDEX. fiills — continued. No. Are seldom opposed on the First Reading, and commonly committed on Motion, upon the Second Reading - - - 23 — — To be duly considered, and not precipitated on account of the probable Shortness of Time for passing them - - - 24 — No Clause to be annexed to a Bill of Aid or Supply, foreign to the Matter of it - - 25 Not to be read Twice the same Day - - 26 Not to be proceeded on in a Committee of the Whole House, the same Day as committed ; nor the Report therefrom received the same Day the Committee goes through the Bill, if any Amend- ment be made thereto _ - - ibid. Not to be read a Third Time the same Day a Bill is reported _ - _ ibid. Bills, Amendments to, The Effect and Coherence of, to be explained by the Lord who makes the Report ; and on the Second Reading of them by the ('lerk, the Lord on the Woolsack to give a like Explanation 34 mils, of Divorce. See Divorce, Bill of. Bills, relative to Estates in England. See Private Billsy No. 94, 5, 6, 7, 8, 9. 101, 2, 3. 126. 145, 6, 7, 8, 9, 50, 1,2.175. in Ireland. See Do. No. 156, 7, 8, 9, and 175. in Scotland. See Do. No. 131,2, 3. 153. 175. - Relative to the making or altering, &c. any Aqueduct, Harbour, Archway, Pier, Bridge, Port, Canal, Railway, ^ Cut, Tram-road^ Dock, Tunnel, Ferry, Turnpike Road, N. B. — No. 1 34 ^0 1 40, inclusive ; and also ] 69, relating to most of the same Objects, vacated. See Public Local Bills, No. 183 to 193, inclu- sive. INDEX. No. Bishops, Are Lords of Parlianient, but not Peers, not being of Tryal by Nobility; but have like Privilege for their Servants from Arrest, as all Lords of Par- liament - - - - - 44 Bridge. See Fublic Local Bills, No. 183 to 193, inclusive. c. Call, of the House. See House, No. 27. 203. Canal. See Public Local Bills, No. 183 to 193, inclusive. Cases, printed, In Appeals. See Appeals, No. 5^. 117. 177. 180, 181. 194. — — Supplemental in Do. See Appeals, No. 199. In Writs of Error. See No.59. 117. \7B. 181. 194. In Claims of Peerage. See No. 128. Causes, — — To be heard in Course on Wednesdays, Fridays, and Mondays, beginning with the Wednesday in the Week next after the Commencement of a Session 1 24 Vide infra. No. 200. On Days appointed for Hearing of, the House to meet at Ten o'Clock in the Forenoon, and pro- ceed to hear the same the first Business after Prayers, and continue to do so till a Quarter before Four o'clock in the Afternoon - - 182 ■ The Days and Time of Hearing of, extended to Tuesdays and Thursdays also in every Week; the first arid last Days of each Term in Westminster Hall, and such Days on which the House shall determine not to hear Causes, excepted - 200 — — Except also, on such Days when the Committee of Privileges being appointed to meet, shall assemble at a Quarter after Ten o'Clock ; in which Case the House is not to proceed to hear Causes till after Prayers said, at Twelve o'Clock : But if the Committee do not meet as above, then the House, after Prayers said, to hear Causes - ibid. Certificate, of the good Conduct of a Person born in a foreign INDEX. Certificate, — continued. No. Country, to be produced from one of the Prin- cipal Secretaries of State, before any Bill for his Naturalization be read a Second Time - - 171 I To be given, on an Appeal from an Interlocutory Judgment of either Division of tlie Lords of Session in Scotland, by the Counsel signing the Petition, or by Two of the Counsel below, that Leave was given by the Judges of such Division to present the Appeal, or that they differed in Opinion in giving Judgment - - 179 See Certiorari. Certiorari, ■ On a Writ of Error depending, if Diminution be alleged and a Certiorari prayed and awarded before in nullo est erratum pleaded, a Certificate thereof to be given by the Clerk of the Parlia- ments, on request - - - - 105 Chancellor, The Lord, As Speaker, sits on the Woolsack - - 1 It is the Duty of, ordinarily to attend the House, as Speaker - - - - 3 — — Except when the House is in a Committee of the Whole House - - - - 28 ■ Always speaks to the House uncovered - 2 As the Mouth of the House does nothing without the Consent of the Lords, except in the ordinary Matter of Bills, in which the Lords may over- rule ; and if a Difference arise amongst themselves, it is to be put to the Question - _ - ibid. When he speaks as a Peer, he goes to his own Place - _ - - ibid. ■ Signifies the Leave of the House to the Judges and such of the King's Privy Council as are called by Writ, and in Attendance, to be covered - - - - - 4 ■ Is uncovered when he notifies His Majesty's Writ to prorogue the Parliament to a further Day than was appointed by the Writ of Summons for it to meet, in respect that he speaks to the Lords as well as to the Commons - - - 7 .1 On occasion of any Message from the Commons, INDEX. Chancellor, The Lord — continued. No. goes clown to the Bar to receive it, the House sitting covered - - - 35 If it require an Answer, and the Coitinions be called in ngain. The Lord Chancellor, in the Name of the House, delivers it sitting on the Woolsack, and covered - - - - ibid. Claims, of Peerage. See Peerage, Claims of. Clerks, The Clerk Assistant and other Clerks officiating at the Table of the House of Lords (except the Clerk of the Parliaments) to be removable only by Order of the Hou^e - - -115 Cloth of Estate, ■ When the House is sat, Obeysance to be made to it by the Lords, previous to sitting in their Places 1 1 . So where the Lords must needs cross from one Side of the House to the other - - 13 Commission, for jjroroguing Parliament, To be directed to some of the Lords of the Upper House - - - -7 — — On occasion of it, the Lords authorized by it to direct the Commons to be informed by the Black Rod that their Attendance is desired, who being come up to the Bar, stand uncovered, and the Commission being read. Parliament is prorogued to the Day appointed - - - ibid. Committees, Offensive, and personal, sharp or taxing Speeches at, to be forborne - - - 15 See Speech. . Are appointed for more Freedom of Speech and Debate ; either for Bills, or to facilitate grca Businesses ; and are either of the Whole House, or of Particulars - - - 28 Vide infra, Committee, on Private Bills, of Privileges, Select, of the Whole House. I The Members of the Lower House not to be covered at, or to sit down, unless some infirm INDEX. Committees — continued. No. Person by Connivance to sit, but not be covered - - - - - 37 No Stranger to enter at, unless commanded to attend 39 Committee Chamber, Little, ■ None but Noblemen and their necessary Atten- dants to come into - - - 43 Committee, on Private Bills, Notice of, to be affixed on the Doors Fourteen Days before the Meeting of - - 94 The Lord in the Chair of, to acquaint the House on the Report from, that all the Orders relative to Private Bills have been observed - - 1 1 — All Orders relative to Private Bills to be laid before it - - - - 102 Committee, of Privileges, To be appointed at the firstBeginningof a Parlia- ment, and of every Session, after the Report of the King's Speech - - - 8 All Lords who come to, to be of it - - 121 . Till the Number of Causes are sufficiently reduced, the Committee, when appointed, to sit not later than a Quarter after Ten o'Clock in the Forenoon ; and if Seven Lords are not then assembled, the House to proceed to Prayers ; but if Seven Lords shall then be present, the House not to proceed to Prayers till Twelve o'clock at Noon of the same Day - - 201 Lords Sub-committees for, and for perusing the Journal. See Journal Book. Committee, , All Orders then in force relative to any Bill sent to a Committee to be laid before it, and Report to be made whether the same have been com- plied with - - - - 139 Committees, Select, Members of, to sit in Rooms adjoining the House - - . ." . - 32 Lords to speak at, uncovered, but sitting if they please " ' ." " ^^^^' — — The Judges and learned Counsel appointed to at- INDEX. No. Committees, Select — continued. tend, to be uncovered, and not to sit but through Favour for Intirinity, and then also un- covered - - - - 33 All Lords, though not Members of, may come to, and speak at, but not vote ; they are also to give place to the Members named, though of lower Degree, and to sit behind them - - ibid. Committees, of the Whole House, • Sit in the Upper House, but then The Lord Chan- cellor sits not on the Woolsack as Speaker - 28 Every Lord to sit in his due Place at - 21) — — The House not to be resumed but with the unanimous Consent of the Committee, unless upon a Question put by the Lord in the Chair - 31 " No Report to be received from any, on a Bill, the same Day the Committee goes through it, if any Amendment be made - - -26 Commo7is, The House of, ■ No Lord to go down to, or send his Answer in Writing, or appear by Counsel to answer any Accusation there, upon Penalty of Commitment 50 — — No Lord to go into, whilst sitting, or into a Com- mittee of the Whole House, without Leave of this House - - - - 5 1 — — Members of, ■ —— At no Committee or Conference either to be covered or sit down, save some infirm Person by Connivance to sit, but not to be covered - 37 Conference, — ^— Any Lord, not of the Committee, if he attend, to give place to all of the Committee, though of lower Degree, and to sit behind them - 33 ^— The usual Place of Meeting with the Lower House upon a Conference is the Painted Cham- ber, where the latter commonly are before the Lords come - - - Z7 — — The Lords sit and are covered at, but the Commons neither sit nor are covered, save some infirm Person by Connivance to sit, but not to be covered - - - - ibid. INDEX. Conference — continued. No. None to speak but those of the Committee - 38 On Report of, all the Lords of the Committee are to stand up - - - 39 No Stranger to be present, unless commanded to attend _ _ _ _ ibid. Consents, To a Private Bill, to be personal, unless there be an Affidavit of Two Persons, that the Party is unable to attend, and does consent to the same 94 See also Private Bills relative to Estates in England, No. 145 to 152 inclusive. in Land or Heritable Estates in Scot- land, 'No. 132, 133. 197, 8., — — — — in Ireland, No. 157, 8. Contents, Upon a Division, to go below the Bar - - 22 Copy, • Of the Petition and Report of the Judges on a Private Bill to be delivered to the Lord appointed to be in the Chair of all Committees, before any such Bill be read a First Time - - 175 Coverture. See Disabilities as to bringing Appeals, Counsel, — — To be admitted for the Defence on the Trial of such Persons as shall be brought before the Lords, and come to Judicature ; and if such Counsel as the Defendant chuses refuse, the Court to assign Counsel as they shall see fit - - - 47 — How to proceed on hearing Appeals - - 1 1 9 Counsel, Learned, To attend on the Woolsack, but not to be covered 5 ■ Such as are appointed, are to attend at Committees, but not to sit, or be covered - - 32 See Assistants, No. 63. Cross Appeal, „-. ■ To be presented within One Week after the Answer put in by the Respondent to the Original Appeal - - - - - 127 Cut. See Public Local Bills, No. 183 to 193, inclusive. INDEX. D. No. Depositions, on Trials before the Lords, — — In Cases of Moment, the Defendant to have Copies of all, pro et contra, after Publication, a con- venient Time before the Hearing - -47 Descent, All Peers by, being of the Age of Twenty-one Years, have a Right to sit in the House without Introduction - - - - 88 — — — Not to be allowed the Ceremony of Introduction, even at their own Desire - - - ibid. — — Not to pay Fees to any Herald on their first coming to sit in the House _ _ _ 55;^, — — Of Peers of Ireland. See Ireland, Peerage of. No. 160, 1, 2,3, 4, 5, 6. Disabilities, touching bringing Appeals, During those of Non-age, Coverture, non compos Mentis, Imprisonment, or Absence from Great Britain and Ireland, the Time limited for bring- ing Appeals, viz. Five Years, and from thence to the end of Fourteen Days after the First Day of the Session of Parliament next ensuing the said Five Years, does not run - - 118 Dissent, I. Which the Lords have a Right to enter without Leave, and with or without their Reasons, to be entered the next Sitting Day before Two o'clock in the Afternoon, and signed before the Rising of the House the same Day - - 1 1 4 Division, in the House, — — Upon Occasion of, the Contents to go below the Bar, and the Not-Contents to stay in the House - - - - 22 Divorce, Bill of, ■ No Petition for, to be presented till an official Copy of the Proceedings, and of the definitive Sentence in the Ecclesiastical Court, shall be de- livered on Oath at the Bar of the House - 141 INDEX. Divorce, Bill of — continued. No. The Petitioner to attend on the Second Reading to be examined whether there has been any Collusion (between him and his Wife, or any other Person) touching the said Bill, or the Proceedings in the Ecclesiastical Court, or in the Action at Law, against any Person for Criminal Conversation with his Wife, and whether he and his Wife were living separate, and apart, or whether she was under his Protection at the Time of the Adultery ibid. — — None to be received unless Provision be made in it that the offending Parties shall not intermarry 176 Dock. See Public Local^Bills, ISioA^i, also No. 183 to 193, inclusive. Door Keepers, — Not to come or stay in the House whilst sitting, except particularly ordered - - 42 E. Error, Writs of, • Prosecution of, not to be delayed - - 54 I Errors to be assigned within Eight Days, or the Plaintiff" to lose his Writ _ - - ibid. On Diminution alleged, and a Certiorari prayed, an Award thereof to be entered ; and the Plaintiff before in nullo est erratum pleaded to sue forth the same, and procure it to be returned within Ten Days after Diminution alledged, or to lose the Benefit of his Writ _ - - ibid. A Certificate of such Certiorari awarded to be given to the Plaintiff' - - - - 105 On giving Judgment in, Question to be put for reversing - - - - - 56 — — Printed Cases in, not to be delivered unless signed by one or more of the Counsel below, or of those who shall attend at the Hearing - - 59 See Appeals II 7, and infra 178. 181. — — No Petition to putofFthe Day of Hearing of, to be received, unless upon Proof on Oath of Two Days Notice given to the adverse Party - - 60 I N D E X. Error, Writs of — continued. No. -^— Cases in, to be delivered by the Plaintiff and De- fendant, within Fourteen Days after the Time limited for the Plaintiff to assign Errors - 178 To contain the Proofs whicli the Parties re- spectively rely _on, with a Reference to the Documents - - - 181 Touching the Days of Hearing. See Causes, No. 12^. 182. 200. — — Touching the Attendance of the Lords upon tiie Hearing of. See Causes, No. 182. Appeals, No. 200 to 209 inclusive. Estate Bills, — Not to be read a First Time until a Copy of the Petition, and of the Report from the Judges, be delivered to the Lord appointed to take the Chair in all Committees - - - 17^> Estreat, of Fines, Imposed by the House, not to be made till the End of the Session - - -46 See Fines. F. Fees, — — None to be paid to any Herald by a Peer by Descent, on his first coming to sit in the House 88 Femj. See Public Local Bills, No. 183 to 193, inclusive. Fines, The Committee of Privileges to acquaint the Lords before the End of every Session, with all that have been imposed - - - - 4G None to be estreated till the End of the Session in which they are imposed _ - _ ibjd. No Copy of, to be made without special Order on public Motion in a full House - - ibid. G. Great Seal, It is the Duty of the Lord Keeper of, ordinarily to attend the House as Speaker - - » 3 See Chancellor, The Lord, also Speaker. rNDEX. H, Harbour, See Public Local Bills, No. 183 to 193, inclusive. No. House, The Lord Chancellor, as Speaker, to address the House uncovered - - - - 2 — — Respect to be shewn to it ; therefore, before it sits, none but Members, not even a Peer's eldest Son, unless called by Writ, to be covered there - 1 — — And no private Person is to stay in it - - ibid. ■ When sitting, the Lords to make Salutation to each other, and Obeysance to the Cloth of Estate, before they sit down in their Places - - 11 — ^ The like Obeysance to be made by Lords who cross from one Side of the House to the other - 13 The Lords to keep their Dignity and Order in sitting as much as may be - - - ibid. In speaking in it, to address themselves to the rest of the Lords in general - - - 14 Who have occasion to discourse whilst it is sitting, to go below the Bar - - - 18 — — No Lord to speak to any one Matter, except to explain, without the Leave of, and not to name the Members by their Names, but by some other Note of Distinction ~ - - 19 — — On voting in, the lowest begins first, and every Lord in his Turn, uncovered, says, " Content," or, " Non-content" - - - 20 — — Lords to keep their Places in, after voting, except on a Division, till some new Business is entered on 21 The Contents on a Division to go below the Bar 22 To be called the First or Second Day of a Session, and Notice taken of Lords not excused by His Majesty, or who have not sent their Proxies - 27 On the First Monday after meeting - - 203 ■ When put into a Committee, The Lord Chancellor or Speaker leaves the Woolsack - - 28 The Lords to sit in their Places - - 29 To be put into a Committee at any Lord's Desire - 30 Vacat. Not to be resumed without the unanimous Consent of the Committee, unless upon a Ques- tion put by the Lord in the Chair - - 31 INDEX. House — continued. I^o. ■ None to be in it when sitting, but those who have a Eight - - - - - 40 Vacat. Fide infra. No. 130. — — Peers eldest Sons may be in it - - - 4 1 Vacat. Vide infra. No. 130. — — Door Keepers not to stay in it whilst sitting, unless particularly ordered - - - 42 —— To be summoned to consider of a Motion either to make or to dispense Avith a Standing Order, previous to such Motion being granted - 104 ■ To prevent Disorders in, when the King is present . - - - 1 1 1 •^— All Lords to be in their Robes, and sit in their Places . - _ ibid. — — No Person, except the Lords and Assistants of the House, the eldest Sons of Peers having a Right to sit and vote, and the Officers and Attendants, to be within the Doors of, save the Master of the Ceremonies, and such as he shall certify to be Foreign Ministers - - - ibid. — — No Ladies or Men to be admitted, unless some Lord doth move the House for such by Name - ibid. — — On the First Day of a Session none to be admitted but such as shall apply by Name to the Lord Chamberlain or his Deputy - - ibid. — — None to stand upon the Throne but such as carry His Majesty's Train, who are to stand behind the Chair of State - - - ibid. Those that bear the Regalia to be on the Second Step of the Throne - - - ibid, I To be cleared before reading the Order of the Day for public Business - - - 112 ■ I ■ None but Lords of Parliament, Peers of the United Kingdom, not being Members of the House of Commons, the Heirs Apparent of such Peers, or of Peeresses of the United Kingdom, in their own Right, and such others as attend the House as Assistants, to be in any Part of, during its Sitting - - - 130 n2 INDEX. I. & J. tmprisonment, No. Of a Lord of Parliament, or Restraint of him, sitting the Parliament or within Time of Privi- lege, not to be, without Sentence or Order of the House, save for Treason, Felony, or refusing to give Security - - - 49 See Disabilities, to bring Appeals. Introduction, Not to be allowed to Peers by Descent, even at their own Desire - - - 88 Necessary to a Peer claiming by virtue of a special Limitation - ,. - - 89 Journal Book, The Lords Sub-committees for Privileges, and Perusal of the Journal, to have Power to meet after every Session, to examine so much of it, as, at the End of such Session, shall be left un- examined - - - - 91 Ireland, Bills relative to Estates in. See Private Bills. Ireland, Peerage of, Where any such shall be in Abeyance, the Persons claiming to be Co-heirs thereto to state such Claim by Petition to the House, praying the same may be examined - - - 162 — - No such Claim to be proceeded in unless recom- mended by His Majesty, or until His Majesty shall have been informed of the same by the House - - - - 163 Every such Claim to be referred to the Committee of Privileges - - - 164 — — If the House shall be of Opinion that any such, is in Abeyance, His Majesty to be informed thereof, and that the same is an existing Peerage accord- ing to the Fourth Article of the Union - 165 Ireland, Representative Peers of, • The Claim of any Person to vote for, to be made by Petition signed by himself, or by some Person in his behalf, and stating the Manner in which he INDEX. Ireland, Representative Peers of — continued. No. derives Title to the Peerage under which he claims such Right - - - 1 GO A Copy of the Resolution of the House, admitting any such Claim, to be transmitted by the Clerk of the Parliaments to the Clerk of the Crown in Ireland • - - - IGl If any Representative of the Temporal Peers of Ireland shall be advanced to a higher Dignity therein, upon the Letters Patent being produced and read, an Entry of the Date, Purport, and Effect thereof to be inserted in the Journal, and the Peer to take his Place in the House according to his said Rank - - - 1C8 Ireland, Peeress of, The Claim of a Person to be so in her own Right, to be made and proceeded on in hke Manner as the Claim to vote for the Repre- sentative Peers - - - - 16G Judges, Not to be covered, without Leave, nor to speak, save when required so to do - - 4 — Not to be covered, nor to sit at a Select Com- mittee, but through Favour, on account of Infirmity - - - - - 32 Petitions for Private Bills relative to Estates in England, r ^^ ^^^^^^^ A in England - 99 Scotland,J J,\Two^,;,fr " ''' Ireland, {^''^S^^ 'J in Ireland, if desired 156 Judicature of the House, On Trials before it, in all Cases of Moment, the Defendant to have Copies of all Depositions, pro et con., after Publication, a convenient Time before the Hearing ; and Counsel to assist in his Defence; and if such as he chuses refuse, - they are to be assigned as the Court shall think fit 47 n3 INDEX. K. No. King's Counsel, See Counsel, Learned. The King coming to the House, — — To prevent Disorders taking place in, on occa- sion of. See House, No. 1 J 1 . L. Letters Patent, No Hill for extending the Term of, relative to any Invention or Discovery, to be read a Third Time, unless Notice of Application for the same shall have been given Three Times in the Gazette of that Part of the United Kingdom imder the Great Seal of which such Letters Patent were granted, in the Months of August or September preceding the Session in which Application for such Bill shall be made - 172 ' Nor unless the Term of such Letters Patent will expire within Two Years from the Commence- ment of the Session in which the Application for such Bill shall be made - - - 173 Nor unless it appear that the Application be made by the Discoverer of the Invention himself, or by his Representative, and that the Knowledge of such Invention was not acquired by him by Purchase, or by Information of its having been known in a Foreign Country - - 174 — — Previous to any such Bill being read a Second Time a Select Committee to enquire into, and to report upon, the Expediency of the Regula- tions, and of the House proceeding to take the Bill into furthejr Consideration - - 198 LohhiJ, None but Noblemen and their necessary Atten- dants to come into it - - - 43 To be kept clear from all other Persons by the Black Rod, 8ic. when His Majesty comes to the House, and no Person to be covered when any Lord is there - - - - 111 INDEX. Lord Keeper of the Great Seal, No. It is the Duty of, ordinarily to attend the House as Speaker - . - - 3 See Chancellor, The Lord, also Speaker. Lords, To sit in the Order prescribed by the Statute - I In the Absence of The Lord Chancellor, or Lord Keeper of the Great Seal, and none authorised by the King to supply their Place, the Lords may chuse their own Speaker - - - 3 To make Salutation to each other, and an Obey- sance to the Cloth of Estate, before they take their Places, when the House is sitting - 1 1 To preserve the Dignity and Order in sitting in the House, as much as may be - - 13 When they cross the House, to make Obeysance to the cloth of Estate - - - ibid. ' In speaking to be uncovered, and to address the House generally - - - - 14 When they have occasion to discourse together, and the House is upon Business, to go below the Bar - - - - 18 Not to speak to one Matter Twice, except to explain, and that not without Leave - - 19 In voting, the lowest, after the Question put, to begin first, and every Lord in his Turn to rise uncovered, and only say " Content," or, "Not- Content" - - - - 20 To keep their Places after voting, till some other Business be entered on « - - 21 — — The Contents upon a Division to go below the Bar - - - - 22 To sit in their Places when the House is put into a Committee ^ - - - 29 Though not of a Select Committee, may come there and speak, but not vote - - 33 And are to give Place to all of the Com- mittee, though of lower Degree, and to sit behind them . _ - _ ibid. Not to be imprisoned or restrained, sitting the Parliament or during Time of Privilege, without Sentence or Order of the House, save for n4 INDEX. Lords — contisuied. No- Treason or Felony, or refusing to give Security for the Peace - - - 49 Not to go to the House of Commons in Person, nor to appear by Counsel to answer an Accusa- tion there, nor to send an Answer in Writing - 50 . Not to go there without Leave - - 5 1 To be on one of the Benches at the Hearing of Causes - - - - 04 . To answer upon Honour - - - 70 ■ To be present at the first Sitting of the House, if they con)e with Intent to take tlie Oaths, and make and subscribe the Declaration - - 92 . Not to sit in the House under the Age of Twenty- one Years - - - - 93 To be in their Robes, and sit in their Places, when the King is present - - - 11 1 — — To move the House for any Ladies, or other Per- son by Name, to be permitted to come into it on such Occasion - - - ibid. M. ManvfacturCf Bills prohibiting any Species of, -^ See Public For affixing Marks to denote the Quality >Local Bills, of - - . _J No. 198. Master of the Ceremonies, ' On occasion of His Majesty coming publickly to the House, may be present in it, and such as he shall certify to the Lord Great Chamberlain to be Foreign Ministers, or other Foreigners of Distinction - - - - 1 1 1 Masters in Chancery, Are some of the usual Messengers to the House of Commons - - - - 30 Members of the House, . The calling of, to the Bar, to be well weighed as to Time and Cause - - _ 48 Message, from the Commons, — . — Upon occasion of, the Lord on the Woolsack to INDEX. Message, from the Commons — continued. No. go down to the Bar, to receive it from the Com- mons, who having been called in, approach from the End of the House with Three Courtesies, and deliver it at the Bar - - 35 If the Business require an Answer, the Commons being again called in, and at the Bar as before, the House sitting in order and covered, the Lord on the Woolsack, being covered, gives the Answer in the Name of the House - - ibid. — '—Is always by some of their own Body - - 36 Messengers to the Commons, The usual, are, some of the Learned Counsel and Masters in Chancery, and on weighty Causes, some of the Judges _ _ . ibid. Money Bill, of Aid or Supply, No Clause 'to be annexed to it, foreign to the Matter of it - - - - 25 Mortgagee. Notice to, See Private Bills, No. 150. N. Naturalization, No Bill for, to be read a Second Time until a Certificate from one of His Majesty's Principal Secretaries of State be produced of the good Conduct of the Petitioner - - - I/l Navigation, Bills touching. See Public Local Bills, No. 154, and No. 183 to 193, inclusive. Non compos Mentis, See Disabilities in bringing Appeals. Not Contents, On a Division, to stay within the Bar - - 22 Notices, Of any Committee appointed on a Private Bill to be affixed on the Doors of the House Fourteen Days before the Meeting of the Committee - 94 To be given to any Person, being a Mortgagee, who may be affected by any Private Bill - - 150 For suchj as are to be given of the intended Appli- cation for a Bill, relative to any Cut, Canal, AauEDUcT, Navigation of any Rivlk, Rail- way, Tram Koad, Tunnel, Archway, Bridge, INDEX. Notices — continued. No. Ferry, Dock, Pier, Port, Harbour, or Turn- pike Road. See Public Local Bills, Nos. 183, 184. For extending the Term of any Letters Patent - 172 o. Oaths, Of Allegiance and Supremacy to be taken, and the Declaration contained in Stat. 30. Car. 2. to be made and subscribed by the Lords at the first Sitting of the House, to prevent the Literruption of Debates - - - - 92 Orders, To be read before they are entered - - 45 None to be entered but by Assent of the House first demanded _ . _ ibid. Orders, Standing, No Motion for making or dispensing with any, to be granted the Day it is made, nor till the House is summoned to consider the same - 104 . When any Bill is sent to a Committee, the Copy of all then in force relating to the passing of such Bill to be transmitted to the Committee - 139 . The Lord in the Chair of the Committee to report whether the same have been duly complied with ibid. Orders, Facated, No. 9. 40, 41. 87. 100. 122. 129. 134 to 138 in- clusive, 140. 143, 144. 167. 169, 170. P. Painted Chamber, The usual Place of Meeting with the Lower House upon a Conference - - - 37 Parliament, At a Prorogation of, previous to its First Meeting, which is by Writ directed to both Houses, the Lower House to be called in, and stand un- covered below the Bar ; the Lords sitting and covered ; the Lord Chancellor, uncovered, in respect he speaks to the Lords as well as to the Commons, notifies the Cause of their Meeting, INDEX. Parliament — conliiuied. No. and after the Writ read, the Parliament is accord- ingly prorogued - - - 7 . After its First Meeting, which is not to be by fi'rit, but by Covtmission directed to some of the Lords of the Upper House, The Lord Chan- cellor Slates the Purport of it, and the Commons attending agreeably to the Desire of the Lords Commissioners, notified to them by the Black Rod, the Commission is to be read, and Parlia- ment to be prorogued to the Day named in the Commission _ _ _ jbid. ■ At the Opening of, after Prayers said, The Lord Chancellor takes the Oaihs singly, then the Cer- tificate of the Return of the Sixteen Peers chosen for Scotland is read; the rest of the Lords then take the Oaths ; a Bill pro forma is read. His Majesty's Speech is reported by The Lord Chancellor, and the Committee of Privileges appointed - - - 8 Paving, Bill relative to. See Public Local Bills, No. 154. Peerage, Claims of, Printed Cases in, to be delivered Fourteen Days before the Hearing, containing a Pedigree, and an Abstract of the Proofs and Authorities - 128 Peerage of Ireland. See Ireland, Peerage of. Peers, It is the ancient Right of, to be tried only in full Parliament for any Capital Offences - 52 But this Right not to extend to any Appeal of Murther or Felony - - - 53 By Descent, not to be introduced, though «it their own Desire - - - 88 See Descent. i Claiming by special Limitation in Remainder, to be introduced . _ . - 89 I Of the United Kingdom, not being Members of the House of Commons, may be in the House when sitting - - - - 130 So the Heir Apparent of such Peer - - ilnd. Or of a Peeress in her own Right - - ibid. Pier. See Public Local Bills, No. 183 to 193, inclusive. INDEX. Poor's Box. No. 9. vacated. No. Port, Bill relative to any. See Public Local Bills, No,183 to 193, inclusive. Prayers, At the Opening of a Parliament, are said previous to The Lord Chancellor's taking the Oaths, and making and subscribing the Declaration, pursuant to the Statutes - - - 8 — — After being said, at the Commencement of a Ses- sion, a Bill pro forma to be read, and then His Majesty's Speech reported - - - ibid. See Parliament. Precedence, The Statute 31 H.8. c. 10. is full and direct in point to enjoin every Peer upon a new Creation to have Place according to the Time of his Crea- tion and Date of his Letters Patent, and no othervv^ise - - - - 86 Every other ancient Peer to hold his Place accord- ing to his Antiquity and Creation, and no other- wise, unless it be in case of such Persons, and in such Places, as the said Statute doth particu- larly mention - - _ _ ibjd. . That granted to the Earl of Banbury, before divers Lords of ancienter Creation, not to be drawn into Example - - - - ibid. Prince^ Chamber, The Doors leading to it to be particularly kept shut, on the Days when His Majesty conies publicly to the House, previous to His Majesty's Arrival - - - - HI Private Bills, ■ Consents to them to be personal, or an Affidavit to be made by Two Persons that the Party is unable to attend, and consents to the Bill - 94 Vide infra. No. 145 to 148 inclusive, with respect to Estates in England. Scotland, No. 1 32, 33. 197. Ireland, No. 157, 8. — — Notice of a Committee on, to be affixed on the Doors of the House Fourteen Days before the Meeting _ . - - ibid. — — Not to be brought in without Leave on Petition - 95 INDEX. Private Bills — continued. No. Not to be read a Second Time till printed ; and one Copy thereof to be delivered to every Person concerned before the Meeting of the Committee, and in case of Infiincy, to the Guardian or nearest Relation of full Age, not interested in the Bill - 9G Not to be read before the Hearing of Causes - 97 Petition for, to be signed by all Parties concerned in the Consequences of - - -98 relative to Estates in England, ~\ to be referred rln England - 90 Scotland, \ '^.^ Ji^esty'Is j" S'^^^'^^"^ " > ^1 Ireland, J Judges - Vin Ireland, if desired 1;)6 When brought from the Commons, a Copy of the Bill, signed by the Clerk, to be sent to Two of the Judges - - - - jbid. Vide No. 131. relative to Estates in Scotland. Vide No. 156. — Ireland. For disposing of Lands in one Place, and buying or settling other Lands in lieu thereof; the Com- mittee to take care that the Value of Lands be made out - - - - 100 Vacat. Vide infra. No. 126. substituted instead. Also No. 153. relative to Estates in Scotland. Also No. 159. - - - Ireland. Also No. 154. relative to Inclosure, Road, Drainage, Paving, Dock, or Navigation Bill. Trustees appointed by, to appear personally before the Committee, and accept the Trust - - 101 Vide infra. No. 132. relative to Estates in Scotland. Vide infra. No. 157- — Ireland. ' Upon Report from the Committee on, the Lord in the Chair to acquaint the House, that all the Orders relative to the same were duly ob- served - ibid. All Orders relative to, to be laid before the Com- mittee - - - - - 102 Persons to be examined in relation to, before the INDEX. Private Bills — continued. No. Judges, except where the Reference is made to Two of the Judges in Scotland or Ireland, to be sworn at the Bar of the House - - 1 03 . Where brought to impower a Person to sell Lands, and purchase other Lands to be settled in lieu thereof, the Value to be fully made out before the Committee - - * - 12G , If for settling other Lands only in lieu of those sold, Provision to be made that they shall be settled accordingly - - - ibid. If to purchase and settle otiier Lands, a binding Agreement to be produced ; and if no binding Agreement, so much of the Monies arising from the Lands sold, as is to be laid out in a new Purchase, to be paid into the Bank of England, in the Name of the Accountant General, to be placed to his Account ex parte the Purchaser, pursuant to the Method prescribed by the Stat. 12 Geo. 1. c. 24., and vested in Navy, Victualling, or Exchequer Bills, from Time to Time, till a proper Purchase be found and approved, and till the said Bills be sold by Order of the Court of Chancery, for completing the Purchase - 126 . I If when sold the same shall not exceed the original Purchase Money, then only the Surplus, after discharging the Expences of Application to the Court, to be paid to the Person who would have been entitled to the Rents and Profits of the Lands if they had been purchased, or to his Representative _ - - - ibid. Vide infra. No. 153. relative to Estates in Scotland. Vide infra, No. \ 59. - Ireland, Vide infra. No. 154. relative to Inclosure, Road, Drainage, Paving, Dock, or Navi- gation Bill. — — Concerning Estates in Land, or Heritable Subjects in Scotland, to be referred to Two of the Judges of the Court of Session in Scotland, to hear all Parties concerned, and to report their Opinion to the House - - - - 131 INDEX. Private Bills — continued. No. Where brought Ironi the Commons, a Copy of the Bill, signed by the Clerk, to be sent to Two of the Judges in Scotland - - - 131 ■ Consents of Persons residing in Scotland to, may be given before the Judges to whom the Bill is referred, whose Certificate of the Appearance of any Person, and of his giving any such Consent, or of his Acceptance of any Trust under the Bill, with a Bill signed by the Party, shall be surti- cient Evidence before the Committee of such Consent, and of the Acceptance of such Trust - 1 32 Consents of Heirs of Entail to be personal, or by an Instrument under the Hand of a Notary Pub- lic, duly executed, that the Party is not able to attend in Person, and doth consent to the Bill - - 133 — When Tenant for Life in Possession, and Tenant in Tail in Remainder, of full Age, are Petitioners, and capable together of barring all other Estates in Remainder, no Consent of any Person in Re- mainder after the Estate of such Tenant in Tail need be required to the passing of any such Bill 145 — — The Consent of the Trustee of any married or un- married Woman, or of any Widow, to be re- quired by the Committee to any Bill for the Sale or Exchange of any Estate in which she may have an Interest, or upon which she m.iy be en- titled to a Jointure or Rent Charge, as well as the Consent of such Individual herself, to the passing of such Bill - _ - J4G ' The Consent of the Parents or Guardians of any Child or Children under Age, whose Fortune is secured on any Estate to be sold or exchanged under any such Bill, to be taken to the same, and if of Age, then the Consent of his or their Trustee or Tnistees, as well as his or their own personal Consent - - - 141 — — Where any Money is to pass through the Hands of any Trustees, whether for Jointure, Pin INDEX. Private Bills — continued. No. Money, the Fortunes of younger Children, or of any other Interest whatever, their Consent must be given in Person - - - - H8 ' The Consent of Trustees to preserve contingent Remainders only, is not necessary - - ibid. - Where Power is given for any new Trustee to be named by any Party interested in such Bill, Pro- vision to be made that such new Trustee shall be appointed by the Court of Chancery - - 149 Notice to be given to any Mortgagee who may be affected by any such Bill - - - 150 A Schedule, shewing the annual Rent and Value of any Estate in Settlement to be sold or ex- changed under such Bill, and of the Value of the Timber thereon, and of the Estate to be sub- stituted in lieu thereof, to be annexed to the Bill I."} I A Schedule to be annexed to every Bill for selling a settled Estate, and purchasing another to be settled to the like Uses, specifying the Estates, and the annual Rent thereof, and to be signed and proved on Oath by a competent Person before the Committee - - - ibid. The Lord in the Chair of the Committee to report how far the Standing Orders relative to such Bill have been complied with - - 152 . If such Bill be brought to empower a Person to sell Lands in Scotland, and to buy or settle other Lands there in lieu thereof, the Value to be fully made out before the Committee - - 153 . If for settling other Lands only in lieu of those sold. Provision to be made that they shall be settled accordingly _ _ _ ibid. —— If to purchase and settle other Lands, a binding Agreement to be produced, and if none such, so much of the Money arising from the Lands sold as is to be laid out in a new Purchase to be paid by the Purchaser into the Bank of Scotland, or Royal Bank of Scotland, or the Bank of the British Linen Company in Scotland, under the Direction of the Court of Session, in the Name I V D E X. Private J5i//s— continued. No. cf the Trustees, and to j)roduce tiie highest Interest to be gotten tor the same, such Interest to accumulate annually till a Purciiase can be found and approved, and till by Order of tiie said Court the same be paid to the Treasurer of the Bank of Scotland, or Casliier of (he said .Royal Bank, or Bank of the British Linen Company, for completing the Purchase - - - 153 — — If such Money shall exceed the Amount of the original Purchase Money, in that Case only, the Surplus, after discharging the Expences of the Applications to the Court, to be paid to the Per- son who would have been entitled to receive the Rents and Profits of the Lands, or the Repre- sentatives of such Person - - - - ibid. Petitions for, relative to any Estates in Land in Ireland, to be referred, if desired, to Two of the Judges in Ireland, to summon all Parties before them and report - - - ir)G — — Where any such Bill is brought from the Com- mons, a Copy signed by the Clerk to be sent to Two of the said Judges before the Second Reading _ _ . _ Jbij, ^— Consents by any Person concerned in the Conse- quences of such Bill, and residing in Ireland, to be given before Two of the Judges to whom the same is referred, whose Certificate of the Appear- ance of any Person, and of his giving any such Consent, or of his Acceptance of any Trust under the Bill, with a Bill signed by such Per- son, shall be sufficient Evidence of such Con- sent, and of the Acceptance of such Trust before the Committee - _ _ \',j Such Consent to be personal or made manifest by a notarial Instrument, duly executed, that the Party is unable personally to attend and doth consent - - - - 158 If such Bill be for selling Lands and purchasing other Lands to be settled in lieu thereof - 159 The Values to be fully made out before the Com- mittee - - . _ ibid. INDEX. Private Bills — continued. No. If for settling other Lands only, Provision to be made that they shall be settled accordingly - 159 If to purchase and settle other Lands, a binding Agreement to be produced ; and if none such, then so much of the Monies arising from the Lands sold as is to be laid out in a new Purchase to be paid into the Bank of Dublin, under the Direction of the Court of Chancery, in the Name of the Trustees under the Bill, and the Interest to accumulate till a new Purchase can be found, and an Order made by the Court for its being paid by the Treasurer of the Bank for completing the Purchase, and any Surplus to be paid over to the Person entitled to receive the Rents and Profits of the Lands directed to be purchased - ibid. A Copy of, to be delivered to the Lord appointed by the House to take the Chair in all Committees, previous to its being allowed to be read a First Time - - - - 175 Consents of Persons concerned in the Conse- quences of, regarding Estates in Land in Scot- land, to be in the Proportions mentioned in the Standing Order - - - 197 Privilege, of Parliament, Of Freedom from Arrests to the Servants and Fol- lowers of Nobility, extends to all their Menial Servants and those of their Family, and also to those employed about their Estates - - 65 . To begin Twenty Days before the Return of the Writ of Summons, and to continue for Twenty Days before and after every Session, except where other Provision is made by the Stat. 12 8c 13 W.3. c.3. - . - ibid. The Special Ground of it is, to prevent the Lords being distracted in their Attention to the AflFairs of the Kingdom, by the Trouble of their Ser- vants - _ _ _ - ibid. — — On Claim of it, the Lord concerned to certify upon Honour, in Person, or by Letter, or Message to the House, previous to any Person being sent INDEX. Privilege, of Parliament — continued. Ko. for upon account of it, iliat the Person arrested is within the Limits of it - - - G', Not to be allowed to any Attorney or Solicitor employed by a Lord - - . (;<; The Goods of Persons privileged to be freed, as well as their Persons - - - c>9 ■■ ■• No Oath, to be imposed by Bill or otherwise, to take away Privilege - - - 7 1 — — No Breach of, to file a Bill to examine Witnesses in perpetuam rei memoriam against a Lord, sitting the Parliament, and to take out Pro- cess - - - - 72 •' To file an Original, or any Bill in Equity, with- out Service of any Letter or Process thereupon, against a Lord in Time of Privilege - - 73 Not to be allowed to Lords as Trustees only - - - -74 Nor m Hindrance to the proving the Will of any Person - - - - 75 Not to be allowed to Minor Peers, Noble- women, or Widows of Peers (saving their Right of Peerage) - - - 7G Breach of, to print or publish the Proceedings of the House without Leave - . "]•] Upon Complaint of a Breach of, none to be taken into Custody but upon Oath made at the Bar of the House - - - _ 73 Vide infra, No. 110. an Explanation of this Order. If upon Examination, the Matter prove to be no Breach of, the Lord who made the Complaint to pay the Fees and Expences of the Party taken into Custody - - '- ibid. The Order No. 78. requiring Oath to be made at the Bar of the House of a Breach of Privilege, to be understood of Breaches of Privilege in Great Britain ; but if committed in Ireland, Oath made by Affidavit in Writing of any such Breach may be sufficient Ground for taking the Person into Custody - - - - J 10 o 2 I N D E X. Privilege, of Parliament — continued. No. Hreach of, to print the Works of any Lord of this House, or any Part of them not published in his Life-time, or his last Will, without the Con- sent of his Heirs, Executors, Administrators, or Trustees - - - - 113 No Declaration made by any Lord to be a Waver of, unless it be in Writing, signed by himself, or made in Person, openly in the House - 120 No Peer hath any, against Obedience to a Writ of Habeas Corpus, upon Process from the Courts in Westminster Hall - - - 125 Privilege, of Peerage, Not to be allowed to the Widow of a Peer who shall be married to a Commoner - -76 Privileges, Committee of, All Lords who shall come to any, to be of the Committee - - - - 121 Till the Number of Causes are sufficiently re- duced, to meet on Days appointed for it, not later than a Quarter past Ten o'clock, else the House to proceed to Prayers, and Causes to be heard ; but if the Committee be assembled at a Quarter past Ten o'clock, it may continue sitting till Twelve o'clock - - - 20 1 Prorogation of Parliament, Previous to its first Meeting is to be by Writ directed to both Houses : subsequent to its first Meeting, by Commission directed to some of the Lords of the Upper House - - 7 Protections, Written, All to be vacated, and in future no Lord to give any - - - - 67 No Petition for protecting their Majesties Servants to be received - - - 68 All in present and future to be held null and void - - - - 1 1 6 And no Sheriff or other Officer whose Duty it is to issue or execute any legal Process to have any Regard to them ; but this not to derogate from the ancient Privilege of the Lords of INDEX. Protections, IVritten — continued. No. Parliament, or to expose to arrest those who are really their .Servants - - - 1 1 G Protestation. See Dissent. ProxieSf No Lord to have more than Two - _ 7y To be made from a Spiritual Lord to a Spiritual Lord, and from a Temporal Lord to a Temporal Lord - _ _ _ ii,i(i Vacated upon a Lord's Return - - 80 Having had Leave from the King to be absent, and making a Proxy, a Lord must have new Leave to make a new Proxy - - 81 — — May be used in Preliminaries to private Causes, . but not in giving Judgment - - 82 Not to be used in any judicial Cause though by way of Bill '_ . . . S3 If called for, a Lord who votes in the Question must give a Vote for his Proxy - - 84 Not to be entered by a Lord the same Day on which he has been present - - 85 If entered after Three o'Clock, not to be used that Day - - _ . ibitl. Public Local Bills, No. 134 to 138 inclusive, and No.l40, relative to any Cut or Canal for Navigation, or to any Cut, Canal, or Aqueduct for supplying any City, &c. with Water, or for altering any such already made, or for making or improving the Na- vigation of any River, or for altering any Act of Parliament passed for any or either of the Pur- poses ; and No. 1 69, extending the above men- tioned Orders to Bills for making Railways or Tram Roads — Facated. Fide infra, No. 183 to 193 both inclusive, relative to Bills for the above and other Public Local Purposes. In any Inclosure, Road, Drainage, Paving, Dock, or Navigation Bill, if any Sum of Money is to be paid for the Purchase or Exchange of Lands, c'cc. or ought to be laid out in the Purchase of other Lands, to be settled to the same Uses, and o3 INDEX. Public Local Bt//* — continued. No. being not less than 2001., Provision to be made that it be paid into the Bank of England, with the Privity ot" the Accountant General, to the Ac- count of the Commissioners named in the Bill, or under such other Title as the Bill shall direct, ])ursuant to the Method prescribed by the Statute 12 Geo. 1. Chap. 32., there to remain till by Direction of the Court of Exchequer the same be paid out for such Purposes in this Order mentioned as the Court shall direct - - 154 Substituted for No. 144, vacated. Provision to be made in, touching any Inclosure, Road, Drainage, Paving, Dock, or Navigation, that any Sum of Money not less than 200/., which is to be paid for the Purchase of Lands, &c. to be settled to Uses, shall be paid into the Bank of England, till directed by Order of the Court of Exchequer to be applied to some of the Purposes named in the Order, or to such Pur- chase ; the Interest by like Order in the mean- time to be paid to the Person entitled to the Rents and Profits of the Land so to be pur- chased or settled _ _ _ \\,\^\^ If the Sum be less than 200Z. then to be applied in such other Manner as specified in the Order - ibid. If the Sum do not exceed 20/. tlie same to be paid to the Person entitled to the Rents and Pro- fits of the Lands so to be purchased for his Use and Benefit - _ _ jbid, — If Difficulty occur in finding a Purchase for the Sum of not less than 200/., the same may be applied towards the Expences of the Act, and the Surplus in Diminution of the Sum to be charged upon the Estate for the In- closure, &c. _ _ _ ibid. ■ No such Bill for any of the Purposes mentioned in the Order with respect to any Cut, Canal, Aqueduct, Navigatioti^ Railway, or Tram Roady Tunnel or Archway, or any Bridge, Ferry, Dock, Pier, Port, or Harbour respectively, to be I N 1) E X. Pitblic Local Bills — continued. No. read a Third Time, unless Notice be given Three Times in the Months of Augus", and tJcptember in the Newspaper of every County (or of some adjoining County), and also at the preceding Michaelmas Quarter Sessions of every County in or through whicli the AVork in view is to be carried, of the intended Application in the ensuing Session of Parliament for a Bill for such Purpose - - - - 183 — — Such Notice to contain the Names of the Parishes and Townships in, to, or through which such Cut, &c. is intended to be carried, or in which such River or such Part of it as is to be made navigable, or the Navigation thereof improved, is situated - - - - 184 Nor unless previously to such Bills (except for the Purpose of any Turnpike Road) being brought from the Commons, a Map or Plan of such Cut, &c. or of any Alteration in the same, and of the Lands from which any Streams of Water are to be taken for the Use of any such Cut, &.C. be deposited vvith the Clerk of the Parliaments, describing the Line of such Cut, &c. &c. together with a Book of Reference, containing a List of Owners and Occupiers of such Lands, also an Estimate of the Expences of the Undertaking, the Names of the Subscribers, if any Money is to be raised by Subscription, and the Time necessary to complete the Work, to be annexed to such Map or Plan - - 185 Previous to the Second Reading of any such Bill, the Map directed to be lodged with the Clerk of the Parliaments, to be engraved or printed upon the Scale of an Inch at least to a Mile, and annexed to the printed Copies of the Bill - 186 No Bill for any of the above Purposes, except Turnpike Roads, to be read a Third Time, unless previously to such Bill being brought from the Commons, Application shall have been made to the several Owners and Occupiers of Land o4 INDEX. Piiblic Local Bills — continued. No. as aforesaid (No. 185.) for the Consent of such Persons respectively, and the Map or Plan as aforesaid, or a Duplicate thereof, shewn to them, and unless separate Lists of the Persons assent- ing and dissenting from the Undertaking, shall also have been deposited with the Clerk of the Parliaments - - - - 187 If in any such Bill a Power be given to vary or deviate from the Line prescribed in the Plan or Map deposited as aforesaid, a like Application as aforesaid (No. 187.), to be made to the Owners and Occupiers aforesaid, and a like List of such Owners or Occupiers assenting or dissenting deposited with the Clerk of the Parliaments - 188 No Bill for making, &c. any Navigation, Aqueduct, Cut, or Canal, to be read a Third Time, unless previously to its being brought from the Com- mons, Application shall have been made to the Owners and Occupiers of Lands, Streams, and Mills, from which any Water to their Prejudice may be proposed to be taken for the Purposes of the same - - - - 189 The Provisions in No. 185, relative to depositing a Map or Plan, &c., extended to Bills for Turnpike Roads, whereby a Power is given to make a new Road, or to alter or vary the Line of Road before used for the Space of One hundred Yards, mu- tatis mutandis - - - - 190 Provision to be made in, for any of the Purposes in No. 183, except Turnpike Roads, before the same are read a Third Time, that all the Powers, &c. shall cease, save as to so much of such Work as shall have been completed, in case the rest shall not have been completed, so as to answer the Ob- jects of the Bill, within the Time therein limited 191 No Bill for any such Purposes to be read a Third Time, unless Four Fifths of the probable Ex- pence shall have been subscribed under a Con- tract binding the Subscribers, their Heirs, Executors, &c. to pay their Subscription within a limited Time - - - J 92 INDEX. Public Local Bills — conlimied. No. Nor unless Provision he made that the whole Ex- pence shall be subscribed in like Manner before the Authorities given by the Bill, arc put in force - - ' - - - 192 No Bill for any Cut, Canal, or Aqueduct to cross a public Road, to be read a Third Time, unless Provision be made that the Ascent to every Bridge to be made over the same shall not be more than One Foot in Thirteen, with a Fence not less than Four Feet above the Surfi^ce of the Bridge - - - - 193 An Affidavit taken before and attested under Hand and Seal of the Sheriff or Stewart Depute or Sheriir Substitute, or Stewart Depute of the County or Stevvartry in Scotland, to which any Bill for making any Cut or Canal or Aqueduct, &c. in Scotland, may in the Whole or in Part relate, may be received in Evidence before the .Committee, that the several INlatters required by the Standing Orders of Gth July 1813, No. 183 to 190, both inclusive, have been complied with - - - _ ]()r, Every such Affidavit to be accompanied by a Cer- tificate of the Sheriff, &c. before whom made, that he was in Possession of a Copy of the Bill to which the same relates. 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