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332
PRIVATE BILL PROCEDURE.
N
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LIST OF MODEL BILLS AND CLAUSES. 333
LIST OF MODEL BILLS AND CLAUSES.
[To be obtained at the Queen's Printers.']
Railway Bill (Form A).
Special Clauses :
1. Capital and Borrowing Powers.
2. Taking of Lands, Plans, Construction of Works.
3. Penalty if Line not opened within Period fixed.
4. Abandonment of Railway, and Compensation to Land-
owners.
5. Agreement with other Companies.
6. Priority of Mortgages over other Debts.
7. Payment of Interest out of Capital during Construction.
3. Clauses in Tramway Bills.
9. Clauses to be inserted in all Tramway Bills authorizing
the use of Mechanical Power.
10. Clauses in Hydraulic Bills.
1 1 . Confirmation of Terms of Agreement.
12. Loans by Public Works Loan Commissioners.
13. As to Labouring Class Houses.
Gas Bill (Form B).
Auction Clauses.
Model Clauses for Corporation Stock.
Improvement Bill Clauses.
334 PRIVATE BILL PROCEDURE.
10 & 11 VICT. c. 69.
Aii Act lor the more effectual Taxation of Costs on Private Bills
in the House of Commons. [22nci July 1847.]
Parliamentary II. Xo Parliamentary agent, or solicitor, nor any executor,
BoUritarnol to :uniun ^ ,1 ' at< "'? or assignee of any Parliamentary agent, or solicitor,
sue for costs shall commence or maintain any action or suit for the recovery of
until one month ;mv cos ts, charges, or expenses in respect of any proceedings in the
of hi- bill. ' House of Commons in any future session of Parliament relating to
any petition for a private bill, or private bill, or in respect of com-
plying villi the Standing Orders of the said House relative thereto,
or in preparing, bringing in, and carrying the same through, or
opposing the same in, the House of Commons, until the expiration
of one month after such Parliamentary agent, or solicitor, or
executor, administrator, or assignee of such Parliamentary agent,
or solicitor, lias delivered unto the party to be charged therewith,
or sent by post to or left for him at his counting-house, office of
business, dwelling-house, or last known place of abode, a bill of
such costs, charges, and expenses, and which bill shall either be
subscribed with the proper hand of such Parliamentary agent, or
solicitor, or in the case of a partnership by any of the partners,
either with his own name or with the name of such partnership, or
of the executor, administrator, or assignee of such Parliamentary
agent, or solicitor, or be enclosed in or accompanied by a letter
Evidence of subscribed in like manner referring to such bill: Provided always,
delivery of bill, that it shall not in any case be necessary, in the first instance, for
such Parliamentary agent, or solicitor, or the executor, adminis-
trator, or assignee of such Parliamentary agent, or solicitor, in
proving a compliance with this Act to prove the contents of the bill
delivered, sent, or left by him, but it shall be sufficient to prove
that a bill of costs, charges, and expenses subscribed in manner
aforesaid, or inclosed in or accompanied by such letter as aforesaid,
was delivered, sent, or left in manner aforesaid; but nevertheless
it shall lie competent for the other party to show that the bill so
Power to judge delivered, sent, or left was not such a bill as constituted a bonti
to authorize fide compliance with this Act : Provided also, that it shall be lawful
expiration o't ' for }mv J ad & of fche Superior Courts of Lmv or Equity in England
one month. or [reland, or of the Court of Session in Scotland, to authorize a
Parliamentary agenl or solicitor to commence an action or suit for
AN ACT FOR TAXATION OF COSTS, &C. 335
the recovery of his costs, charges, and expenses against the party
chargeable therewith, although one month has not expired from
the delivery of a bill as aforesaid, on proof to the satisfaction of the
said judge that there is probable cause for believing that such
party is about to quit that part of the United Kingdom in which
such judge hath jurisdiction.
Ill The Speaker of the House of Commons shall appoint a Taxing Officer
1 .,,,-rr f n i to be appointed
fit person to be the Taxing Officer of the House of Commons, and by the Speaker-
every person so appointed shall hold his office during the pleasure
of the Speaker, and shall execute the duties of his office conform-
ably to such directions as he may from time to time receive from
the Speaker.
IY The Sneaker may from time to time prepare a list of such The Speaker to
1 , . „ , . o • c prepare list oi
charges as it shall appear to him that, after the present Session ot £ ha * ges thence-
Parliament, Parliamentary agents, solicitors, and others may justly forth to be
make with reference to the several matters comprised in such list ; allowed -
and the several charges therein specified shall be the utmost charges
thenceforth to be allowed upon the taxation of any such bill of
costs, charges, and expenses in respect of the several matters therein
specified : Provided always, that the said Taxing Officer may allow
all fair and reasonable costs, charges, and expenses in respect of
any matters not included in such list.
V. For the purpose of any such taxation, the said Taxing Officer J^^Sd To
may examine upon oath any party to such taxation, and any wit- examine parties
nesses who may be examined in relation thereto, and may receive and witnesses
affidavits, sworn before him or before any Master or Master Extra-
ordinary of the High Court of Chancery, relative to such costs,
charges, or expenses ; and any person who, on such examination
on oath, or in any such affidavit, shall wilfully or corruptly give
false evidence, shall be liable to the penalties of wilful and corrupt
perjury.
VI. The said Taxing Officer shall be empowered to call for the ^j^J^T
production of any books or writings in the hands of any party to ca n f or books
such taxation relating to the matters of such taxation : Provided and papers.
always, that nothing herein contained shall be construed to authorize
such Taxing Officer to determine the amount of fees which may
have been payable to the House of Commons in respect of the
proceedings upon any private bill. ^.^ Qm ^
VII. It shall be lawful for the said Taxing Officer to demand to take such
and receive for any such taxation such fees as the House of Com- ^ es as ma y 1"'
„ . ., ,. _. , n . , allowed by
mons may from time to time by any Standing Order authorize and jjouse of
Commons.
336
PRIVATE BILL PROCEDURE.
Application
of fees.
On application
of party charge-
able, or on
.'.ion of
Parliamentary
agent, or
solicitor, the
Taxing Officer
to tax the bill.
No application
to be enter-
tained by Tax-
ing ' fficer after
•
obtained.
direct, and to charge the said fees, and also to award costs of such
taxation against cither party to such taxation, or in such proportion
against each party as he may think fit, and he shall pay and apply
the fees so received by him in such manner as shall be directed by
any such Standing Order as aforesaid.
Vlll. If any person upon whom any demand shall be inade
by any Parliamentary agent, solicitor, or executor, administrator,
or assignee of such Parliamentary agent, or solicitor, or other
person, for any costs, charges, or expenses in respect of any
proceedings in the House of Commons in any future session of
Parliament relating to any petition for a private bill, or private bill,
or in respect of complying with the Standing Orders of the said
House relative thereto, or in preparing, bringing in, or carrying
the same through, or in opposing the same in the House of
Commons, or if any Parliamentary agent, or solicitor, or the
executor, administrator, or assignee of such Parliamentary agent,
or solicitor, or other person, who shall be aggrieved by the
non-payment of any costs, charges, and expenses incurred or
charged by him in respect of any such proceedings as aforesaid,
shall make application to the said Taxing Officer at his office for
the taxation of such costs, charges, and expenses, the said Taxing
( Mlieer, on receiving a true copy of the bill of such costs, charges,
and expenses which shall have been duly delivered as aforesaid
to the party charged therewith, shall in due course proceed to tax
and settle the same; and upon every such taxation, if either
the Parliamentary agent, or solicitor, or the executor, adminis-
trator, or assignee of such Parliamentary agent, or solicitor, or
other person, by whom such demand shall be made as afore-
said, or the party charged with such bill of costs, charges, and
expenses, having due notice, shall refuse or neglect to attend such
taxation, the said Taxing Officer may proceed to tax and settle
such bill and demand ex parte : and if pending such taxation any
action or other proceeding shall be commenced for the recovery
of such lull of costs, charges, and expenses, the court or judge
before whom the same shall he brought shall stay all proceedings
thereon until the amount of such bill shall have been duly certified
by the Speaker as hereinafter provided: Provided always, that no
such application shall he entertained by the said Taxing Officer if
made by the party charged with such bill after a verdict shall have
been obtained or a writ of inquiry executed in any action for
the recovery of the demand of any such Parliamentary agent,
or solicitor, or the executor, administrator, or assignee of such
AN ACT FOR TAXATION OF COSTS, &C. 337
Parliamentary agent, or solicitor, or other person, or after
the expiration of six months after such bill shall have been
delivered, sent, or left as aforesaid: Provided also, that if any such
application shall be made after the expiration of six months as
aforesaid, it shall be lawful for the Speaker, if he shall so think
fit, on receiving a report of special circumstances from the said
Taxing Officer, to direct such bill to be taxed.
IX. The said Taxing Officer shall, if required by either party, Taxing Officer
report his taxation to the Speaker, and in such report shall state Speaker,
the amount fairly chargeable in respect of such costs, charges, and
expenses, together with the amount of costs and fees payable in
respect of such taxation as aforesaid ; and within twenty-one clear if either party
days after any such report shall have been made either party may complain ot
deposit in the office of the said Taxing Officer a memorial, addressed may deposit a
to the Speaker, complaining of such report or any part thereof, and memorial, and
the Speaker may, if he shall so think fit, refer the same, together J^re^e a
with such report, to the said Taxing Officer, and may require a further report.
further report in relation thereto, and on receiving such further
report may direct the said Taxing Officer, if necessary, to amend
his report ; and if no such memorial be deposited as aforesaid, or
so soon as the matters complained of in any such memorial shall If no memorial
have been finally disposed of, the Speaker shall, upon application deposited,
made to him, deliver to the party concerned therein, and requiring i ssue certificate
the same, a certificate of the amount so ascertained, which certi- of tne amount
ficate shall be binding and conclusive on the parties as to the
matters comprised in such taxation, and as to the amount of such
costs, charges, and expenses, and of the costs and fees payable in
respect of such taxation, in all proceedings at law or in equity or
otherwise ; and in any action or other proceeding brought for the Certificate to
recovery of the amount so certified such certificate shall have the nave tbe effect
effect of a warrant of attorney to confess j ndgment ; and the court £ C0Vl f esb '
in which such action shall be commenced, or any judge thereof, judgment.
shall, on production of such certificate, order judgment to be
entered up for the sum specified in such certificate in like manner
as if the defendant in any such action had signed a warrant to
confess judgment in such action to that amount : Provided always,
that if such defendant shall have pleaded that he is not liable
to the payment of such costs, charges, and expenses, such cer-
tificate shall be conclusive only as to the amount thereof which
shall be payable by such defendant in case the plaintiff shall in
such action recover the same.
338
PRIVATE BILL PROCEDURE.
Constant
certain words
in this Act.
Form of citing
the Act.
X. Iii the construction of this Act the word " month " shall be
taken to mean a calendar month ; and every word importing the
singular number only shall extend and be applied to several
persons, matters, or things as well as one person, matter, or thing;
and every word importing the plural number shall extend and be
applied to one person, matter, or thing as well as several persons,
matters, or things; and every word importing the masculine
gender only shall extend and be applied to a female as well as a
male ; and the word "person" shall extend to any body politic,
corporate, or collegiate, municipal, civil, or ecclesiastical, aggregate
or sole, as well as an individual ; and the word '' oath " shall
include affirmation in the case of Quakers, and any declaration
lawfully substituted for an oath in the case of any other person
allowed by law to make a declaration instead of taking an oath ;
unless in any of the cases aforesaid it be otherwise specially pro-
vided, or there be something in the subject or context repugnant
to such construction.
XI. In citing this Act in other Acts of Parliament, and in
legid and other instruments, it shall be sufficient to use the
expression " The House of Commons Costs Taxation Act, 1847."
12 & 13 VICT. c. 78.
An Act for the more effectual taxation of costs on private bills
in the House of Lords, and to facilitate the taxation of other
costs on private bills in certain cases. [28th July 1845).]
Parliamentary H- No Parliamentary agent, or solicitor, nor any executor,
agent or soli- administrator, or assignee of any Parliamentary agent or solicitor,
citor not to sue in • * ■ ■• ■, o .-, p
• .i i-osf u t'l s hali commence or maintain any action or suit tor the recovery ot
one month after any costs, charges, or expenses in respect of any proceedings in the
delivery of his House of Lords in any future sessions of Parliament relating to
any petition for a private bill, or private bill, or in respect of com-
plying with the Standing Orders of the said House relative
thereto, or in preparing, bringing in, and carrying the same
through, or opposing the same in, the House of Lords, until the
expiration of one month after such Parliamentary agent, or
solicitor, or executor, administrator, or assignee of such Parlia-
mentary agent, or solicitor, has delivered unto the party to be
charged therewith, or sent by post to or left for him at his counling-
house, office of business, dwelling-house, or last known place of
abode, a bill of Mich costs, charges, and expenses, and which bill
AN ACT FOR TAXATION OF COSTS, &C. 339
shall either be subscribed with the proper hand of such Parlia-
mentary agent, or solicitor, or in the case of a partnership by any
of the partners, either with his own name or with the name of
such partnership, or of the executor, administrator, or assignee of
such Parliamentary agent, or solicitor, or be enclosed in or accom-
panied by a letter subscribed in like manner referring to such bill :
Provided always, that it shall not in any case be necessary, in the Evidence of
first instance, for such Parliamentary agent, or solicitor, or the c[ehyev 7 ° x ■
executor, or administrator, or assignee of such Parliamentary
agent, or solicitor, in proving a compliance with this Act, to prove
the contents of the bill delivered, sent, or left by him, but it shall
be sufficient to prove that a bill of costs, charges and expenses, sub-
scribed in manner aforesaid, or enclosed in or accompanied bv
such letter as aforesaid, was delivered, sent, or left in manner afore-
said ; but nevertheless it shall be competent for the other party
to show that the bill so delivered, sent, or left was not such a bill
as constituted a bond fide compliance with this Act : Provided also Power to judge
that it shall be lawful for any judge of the Superior Courts of t0 authorize
Law or Equity in England or Ireland, or of the Court of Sessions expkaSnof
in Scotland, to authorize a Parliamentary agent, or solicitor, to one month.
commence an action or suit for the recovery of his costs, charges,
and expenses against the party chargeable therewith, although one
month has not expired from the delivery of a bill as aforesaid, on
proof to the satisfaction of the said judge that there is probable
cause for believing that such party is about to quit that part of the
United Kingdom in which such judge hath jurisdiction.
III. The Clerk of the Parliaments, when discharging the duties Taxing Officer
of his office in person, or in his absence the clerk assistant, shall *° b ? appointed
• ^ hj. l i .i m • ,-v/v o -, tt .J by the Clerk of
appoint a fat person to be the Taxing Officer of the House ot Lords ; Parliaments or
and every person so appointed shall hold his office during the clerk assistant.
pleasure of the Clerk of the Parliaments or clerk assistant, and
shall execute the duties of his office conformably to such directions
as he may from time to time receive from the Clerk of the Parlia-
ments or clerk assistant.
IV. The Clerk of the Parliaments, when discharging the duties The Clerk of
of his office in person, or in his absence the clerk assistant, may Parliaments or
from time to time prepare a list of such charges as it shall appear ^prepare fist
to him that Parliamentary agents, solicitors, and others may justly of charges
make with reference to the several matters comprised in such list : thenceforth to
j i t i i be allowed.
and the several charges therein specified shall be the utmost charges
thenceforth to be allowed upon the taxation of any such bill of
costs, charges, and expenses in respect of the several matters
340
PRIVATE BILL PROCEDURE.
Taxing Officer
empowered to
examine parties
and witness* -
on oath.
Taxing » >fficer
empowered to
call for books
and papers.
Taxing Officer
t" take such
fees as may be
allowed by
House of Lords
Application of
On application-
of party char- e
able, or on ap-
plication of
Parliamentary
agent or solici-
tor, the Taxing
er to tax
the bill.
therein specified : Provided always, thai the said Taxing Officer may
allow all lair and reasonable costs, charges, and expenses in respect
of any matters not included in such list.
V. For the purpose of any such taxal ion the said Taxing Officer
may examine upon oath any party to such taxation, and any wit-
nesses who may be examined in relation thereto, and may receive
affidavits, sworn before him or before any master or master extraor-
dinary of the High Court of Chancery, relative to such costs,
charges, or expenses; and any person who on such examination on
oath or in any such affidavit shall wilfully or corruptly give false
evidence shall be liable to the penalties of wilful and corrupt perjury.
VI. The said Taxing Officer shall be empowered to call for the
production of any books or writings in the hinds of any party to
such taxation relating to the matters of such taxation.
VII. It shall be lawful for the said Taxing Officer to demand and
receive for any such taxation such fees as the House of Lords may
from time to time by any order authorize and direct, and to charge
the said fees, and also to award costs of such taxation against either
party to such taxation, or in such proportion against each party as
he may think tit, and be shall pay and apply the fees so received
by him in such manner as shall be directed by any such order as
aforesaid.
VIII. If any person upou whom any demand shall be made by
any Parliamentary agent, or solicitor, or executor, administrator, or
assignee of such Parliamentary agent or solicitor, or other person,
for any costs, charges, or expenses in respect of any proceedings in
the House of Lords in any future session of Parliament relating to
any petition for a private bill, or private bill, or in respect of com-
plying with the Standing Orders of the said House relative thereto
or in preparing, bringing in, or carrying the same through, or in
opposing the same in the House of Lords, or of any Parliamentary
a^ent, or solicitor, or the. executor, administrator, or assignee of
such Parliamentary agent, or solicitor, or other person, who shall be
aggrieved by the nonpayment of any costs, charges, and expenses
incurred or charged by him in respect of any such proceedings as
aforesaid, shall make application to the said Taxing Officer at his
office for the taxation of such costs, charges, and expenses, the said
Taxing Officer, on receiving a true copy of the bill of such costs,
charges, and expenses which shall have been duly delivered as
aforesaid to the party charged therewith, shall in due course pro-
ceed to tax and settle the same; and upon every such taxation, if
either the Parliamentary agent, or solicitor, or the executor, admi-
AN ACT FOR TAXATION OF COSTS, &C. 341
nistrator, or assignee of such Parliamentary agent, or solicitor, or
other person, by whom such demand shall be made as aforesaid, or
the party charged with such bill of costs, charges, and expenses,
having due notice, shall refuse or neglect to attend such taxation,
the said Taxing Officer may proceed to tax and settle such bill and
demand ex parte ; and if pending such taxation any action or other
proceeding shall be commenced for the recovery of such bill of
costs, charges, and expenses, the court or judge before whom the
same shall be brought shall stay all proceedings thereon until the
amount of such bill shall have been duly certified by the Clerk of
the Parliaments or clerk assistant as hereinafter provided : Provided No application
r . . to be enter-
always, that no such application shall be entertained by the said tained by Tax-
taxing officer if made by the party charged with such bill after a m g Officer
verdict shall have been obtained or a writ of inquiry executed in Stained
any action for the recovery of the demand of any such Parliamen-
tary agent, or solicitor, or the executor, administrator, or assignee
of such Parliamentary agent, or solicitor, or other person, or after
the expiration of six months after such bill shall have been deli-
vered, sent, or left as aforesaid : Provided also, that if any such
application shall be made after the expiration of six months as
aforesaid it shall be lawful for the Clerk of the Parliaments or clerk
assistant aforesaid, if he shall so think fit, on receiving a report of
special circumstances from the said Taxing Officer, to direct such bill
to be taxed.
IX. The said Taxing Officer shall report his taxation to the Clerk Taxing Officer
of the Parliaments or clerk assistant as aforesaid, and in such pi^fJj? e
report shall state the amount fairly chargeable in respect of such Parliaments.
costs, charges, and expenses, together with the amount of costs
and fees payable in respect of such taxation as aforesaid, and shall
also state in such report the amount due in respect of the said costs,
charges, and expenses ; and within twenty-one clear days after any if either party
such report shall have been made either party may deposit in the complain of
office of the Clerk of the Parliaments a memorial, addressed to the ^ y fficer
■ if either House
may tax costs
not otherwise
taxable under
the Act by
virtue of which
any bill shall
taxed ; and
may req uest
other officers to
.1--1&T him.
Such officers to
have the same
as in
taxing other
Parliaments or clerk assistant as aforesaid shall, upon application
made to him, deliver to the party concerned therein, and requiring
the same, a certificate of the amount so ascertained, which certifi-
cate shall be binding and conclusive on the parties as to the matters
comprised in such taxation, and as to the amount of such costs,
charges, and expenses, and the amount due in respect of the same,
and of the costs and fees payable in respect of such taxation, in all
proceedings at law or in equity or otherwise ; and in any action or
other proceeding brought for the recovery of the amount so certi-
fied to be due such certificate shall have the effect of a warrant of
attorney to confess judgment; and the court in which such action
shall be commenced, or any judge thereof, shall, on production of
such certificate, order judgment to beentered up for the sum speci-
fied in such certificate, in like manner as if the defendant in any
such action had signed a warrant to confess judgment in such
action to that amount : Provided always, that if such defendant
shall have pleaded that he is not liable to the payment of such
costs, charges, and expenses, such certificate shall be conclusive
only as to the amount thereof which shall be payable by such
defendant in case the plaintiff shall in such action recover the
same.
X. If any bill of costs taxable by virtue of this Act, or of
"The House of Commons Costs Taxation Act, 1847," shall com-
prise any costs, charges, and expenses incurred in respect of a
private bill, but not taxable by virtue of the Act in pursuance
whereof such bill shall come to be taxed, it shall be lawful for the
Taxing Officer of the House of Lords, or for the Taxing Officer of
the House of Commons, as the case may be, either to tax and settle
such last-mentioned costs, charges, and expenses, or to request the
Taxing Officer of the other House of Parliament, or the proper
officer of any other court having such an officer, to assist him in
taxing and settling any part of such bill; and such officer so re-
quested shall thereupon proceed to tax and settle the same, and
shall return the same, with his opinion thereupon, to the officer who
shall have so requested him to tax and settle the same; and in tax-
in- such costs, charges, and expenses the Taxing Officer of the
House of Lords and the Taxing Officer of the House of Commons
respectively shall have the same powers and may receive the same
fees in respecl of such taxation as if such costs, charges, and ex-
penses were taxable by virtue; of this Act, or of "The House of
Commons Costs Taxation Act, 1N47," as the case may be; and the
I roper officer of any court so requested to tax the same shall have
AN ACT FOR TAXATION OF COSTS, &C. 343
the same powers and may receive the same fees as upon a reference
from the court of which he is such officer.
XI. The Taxing Officer of the House of Lords, or the Taxing Taxing Officers
Officer of the House of Commons, as the case may be, may include JJjJJ^jf jj™"
the amount of such last-mentioned costs, charges, and expenses in tne ir reports,
the report of his taxation of any such bill of costs ; and in case and certificates
r , • , _ ,. . , ... : .1 o " i c of the amount
the Clerk of the Parliaments or clerk assistant, or the bpeaker ot to be d.eliveretl.
the House of Commons, as the case may be, shall deliver a certi-
ficate of the amount so ascertained and declared in such report, in-
cluding such last-mentioned costs, charges, and expenses, such
certificate shall have the same force and effect as if the whole of
such bill of costs were taxable by virtue of the Act in pursuance
whereof such certificate shall be so delivered.
XII. In case the Taxing Officer of the House of Lords, or the officers of other
Taxing Officer of the House of Commons, shall be requested by the ^^uheTlxiiio-
proper officer of any other court to assist him in taxing and Officer of either
settling any costs, charges, and expenses incurred iu respect of a House to tax
private bill, being part of any bill of costs which shall have been p
referred to him by the court of which he is such officer, such Tax-
ing officer so requested shall thereupon proceed to tax and settle
the same, and shall return the same, with his opinion thereupon,
to the officer who shall have so requested him to tax and settle the
same, and shall have the same powers and may receive the same
fees in respect of such taxation as if application had been made
to him for the taxation thereof in pursuance of this Act, or of
the " House of Commons Costs Taxation Act, 1847," as the case
may be.
XIII. It shall be lawful for the Taxing Officer of the House of Taxing Officer
Lords and for the Taxing Officer of the House of Commons to take of lith f House
° may take an
an account between the parties to any taxation under this Actor account between
the " House of Commons Costs Taxation Act, 1847," of all sums tlie parties,
of money paid or received in respect of any bill of costs which is
the subject of such taxation, or any matters contained therein, and
to report the amount of all such sums of money and the amount due
in respect of such bills of costs.
XIV. In the construction of this Act the word " month " shall Construction «(
be taken to mean a calendar month ; and every word importing the f^yg J^
singular number only shall extend and be applied to several persons,
matters, or things, as well as one person, matter, or thing ; and
every word importing the plural number shall extend and be ap-
plied to one person, matter, or thing, as well as several persons,
matters, or things; and every word importing the masculine gender
z 2
344
PRIVATE BILL PROCEDURE.
Form of citing
the Act.
onlv shall extend and be applied to a female as well as a male ; and
the word "person " shall extend to any body politic, corporate, or
collegiate, municipal, civil, or ecclesiastical, aggregate or sole, as
well as an individual ; and the word " oath " shall include affirma-
tion in the case of Quakers, and any declaration lawfully substituted
for an oath in the ease of any other person allowed by law to make
a declaration instead of taking an oath ; unless in any of the cases
aforesaid it be otherwise specially provided, or there be something
in the subject or context repugnant to such construction.
XV. In citing this Act in other Acts of Parliament, and in
legal and other instruments, it shall be sufficient to use the expres-
sion " The House of Lords Costs Taxation Act, 1849."
When com-
mittee report
" PreamHe not
proved," oppo-
nents to be en-
titled to recover
eo>ts.
When com-
mittee report
unanimously
" < ipposition
unfounded,"
promol
be entitled to
costs.
28 VICT. c. 27.
An Act for awarding costs in certain cases of Private Bills
[26th May 1865.]
1. When the committee on a private bill shall decide that the
preamble is not proved, or shall insert in such bill any provision
for the protection of any petitioner, or strike out or alter any pro-
vision of such bill for the protection of such petitioner, and further
unanimously report, with respect to any or all of the petitioners
against the bill, that such petitioner or petitioners has or have
been unreasonably or vexatiously subjected to expense in defending
his or their rights proposed to be interfered with by the bill, such
petitioner or petitioners shall be entitled to recover from the pro-
moters of such bill his or their costs in relation thereto, or such
portion thereof as the committee may think fit, such costs to be
taxed bv the Taxing Officer of the House, as herein-aftermentioned,
or the committee may award such a sum for costs as they shall
think fit, with the consent of the parties affected.
2. When the committee on a private bill shall decide that the
preamble is proved, and further unanimously report that the pro-
moters of the bill have been vexatiously subjected to expense in
the promotion of the said bill by the opposition of any petitioner
Or petitioners against the same, then the promoters shall be en-
titled to recover from the petitioners, or such of them as the
committee shall think fit, such portion of their costs of the pro-
motion of the bill as the committee may think fit, such costs to be
taxed by the Taxing Officer of the House as herein-after men-
tioned, or such a sum for costs as the committee shall name, with
AN ACT FOR AWARDING COSTS, &C. 345
the consent of the parties affected ; and in their report to the
House the committee shall state what portion of the costs, or
what sum for costs, they shall so think fit to award, together
with the names of the parties liable to pay the same, and the
names of the parties entitled to receive the same : Provided Proviso.
always that no landowner, who bond fide at his own sole risk and
charge opposes a bill which proposes to take any portion of the
said petitioners property for the purposes of the bill, shall be liable
to any costs in respect of his opposition to such bill.
3. On application made to the Taxing Officer of the House by Costs to 1 m
such promoters or petitioners, or by their solicitors or par- tilxed-
liamentary agents, not later than six calendar months after the
report of such committee, and in cases where no sum shall have
been named by the committee, with the consent of the parties
affected, not until one month after a bill of such costs shall have
been delivered to the party chargeable therewith, which bill shall
be sealed with a seal or subscribed with the proper hand of the
parties claiming such costs, or of their solicitor or parliamentary
agent, the Taxing Officer shall examine and tax such costs, and
shall deliver to the parties affected, or either or any of them on
application, a certificate signed by himself expressing the amount
of such costs, or in cases where a sum for costs shall have been
named by the committee with the consent as aforesaid, such
sum as shall have been so named, with the name of the party
liable to pay the same, and the name of the party entitled to
receive the same ; and such certificate shall be conclusive evidence
as well of the amount of the demand as of the title of the party
therein named to recover the same from the party therein stated
to be liable to the payment thereof ; and the party claiming under
the same, shall upon payment thereof, give a receipt at the foot
of such certificate, which shall be a sufficient discharge for the
same.
4. All powers given to the Taxing Officer by the Acts Powers of
10 & 11 Vict. c. 69., and 12 & 13 Vict. c. 78. with reference to the Taxin e 0fficers -
examination of parties and witnesses on oath, and with reference
to the production of documents, and with reference to the fees
payable in respect of any taxation, shall be vested in the Taxing
Officer for the purposes of this Act.
5. The party entitled to such taxed costs, or such sum named Recovery of
by the committee, with such consent as aforesaid, or his executors costs when
or administrators, may demand the whole amount thereof so
certified as above, from any one or more of the persons liable to
346 PRIVATE BILL PROCEDURE.
the payment thereof, and in case of nonpayment thereof on
demand, may recover the same by action of debt in any of Her
Majesty's Courts of Record at Westminster or Dublin, or by action
in the Court of Session in Scotland. In such action it shall be
sufficient, in England or Ireland, for the plaintiff to declare that
the defendant is indebted to him in the sum mentioned in the
said certificate ; and the said plaintiff shall, upon filing the said
declaration, together with the said certificate and an affidavit of
such demand as aforesaid, be at liberty to sign judgment as for
want of plea by nil dicit, and take out execution for the said sum
so mentioned in the said certificate, together with the costs of the
said action, according to due course of law : Provided always that
the validity of such certificate shall not be called in question in
any court.
Form of action 6. In such action it shall be sufficient, in Scotland, for the
in Scotland. pursuer to allege that the defender is indebted to him in the sum
mentioned in the said certificate, under the like proviso in regard
to the validity of the certificate.
Poisons laving ?« ^ n every case i* shall ^ e lawful for any person from whom
costs may re- the amount of such costs or sum named by the committee, with:
covers propor- consen t as aforesaid, has been so recovered, to recover from the
persons' liable other persons, or any of them, who are liable to the payment of
thereto. suc h costs or sum named by the committee, with consent as afore-
said, a proportionate share thereof, according to the number of
persons so liable, and according to the extent of the liability of
. each person.
When com- 8. In any case in which the committee shall have reported that
mittee report the preamble is not proved, and where, in accordance with the
" 1>r " :i ! nble not Standing Orders of either House of Parliament, and of an Act of
proved, pro- ° „ . , .__ , ., „
motors to pay the ninth year of Her present Majesty, chapter 20, a deposit of
costs out of de- m0 ney or stock is made with respect to the application to Par-
liament for an Act, the money or stock so deposited shall be a
security for the payment by the promoters of the bill for the Act
of all costs or sums in respect of costs, if any, payable by them
under this Act ; and every party entitled to receive any costs or
sum so payable shall accordingly have a lien available in equity for
the same on the money or stock so deposited, and the lien shall
attach thereon at the time when the bill is first referred to a com-
mittee of either House of Parliament ; Provided that where several
parlies have the lien for an amount exceeding in the aggregate the
net value of the money or stock, their respective claims shall pro-
portionately abate.
AN ACT FOR AWARDING COSTS, &C. 347
9. When a bill is not promoted by a company already formed Definition of
all persons whose names shall appear in such bill as promoting the P r( > moters -
hame, and in the event of the bill passing, the company thereby
incorporated shall be deemed to be promoters of such bill for all
the purposes of this Act.
10. For the purposes of this Act, the expression " private bill" Meaning of
shall extend to and include any bill for a local and personal Act.
11. That this Act shall not take effect before November 1st Commencement
18G5. ° fAct -
[As to the construction of this Act, see ante, p. 77.]
REGULATIONS FOR POSTING PARLIAMENTARY
NOTICES.
[See S. O. 19, ante, p. 93; S. O. 19, H. L.]
1. Parliamentary notices may be posted at any Money Order
office in the United Kingdom.
2. On the address side of the cover of each notice must be
printed or legibly written the words " Parliamentary Notice," and
the name and address of the solicitor or agent issuing the notice.
3. Notices, which by the Standing Orders of either House of
Parliament, must be served on, or before, the 15th December,
must be posted not later than the 12th December, and those
notices which, by the same orders, may be served after the loth,
must be posted not later than the 18th of December.
4. The postage — at the letter rate — chargeable on these notices
and the registration fee of 2c?. on each must be prepaid by stamps.
For re-direction they are liable to the same regulations as letters.
5. The notices must be presented at the Post Office counter,
accompanied by duplicate lists of the names and addresses of the
addressees, and arranged for the convenience of comparison in the
order of the lists. These lists will be examined by the officer in
attendance at the counter, and if they correspond with the names
and addresses on the notices he will sign or stamp every sheet of
each list. One of the duplicate lists will then be returned to the
person who brought the notices, and the other forwarded to the
secretary, General Post Office, London.
348 PRIVATE BILL PROCEDURE.
6. Any person presenting more than one notice addressed to
the same person at. the same address must number such notices
consecutively, and enter the same on the duplicate lists in nume-
rical order.
7. The hours for receiving such notices are the same as those
for the registration of ordinary letters, unless they be presented at
such a time as to interfere with the other duties of the office, in
which case the postmaster may appoint any other time within the
next twenty-four hours for receiving the same, provided that, when
the notices are to be served on or before the loth December, such
arrangement do not delay the posting beyond the 12th.
8. The senders of Parliamentary notices should, if possible,
arrange on the previous day with the postmaster as to the most
convenient time for posting them, and should state the probable
number.
.( 349 )
GENERAL INDEX.
[See for Index of the Standing Orders of the House of Commons,
ante, pp. 174-223. For Contents of the Standing Orders of
the House of Lords see Standing Orders, post 359.
Page
Abandonment: Bills for abandonment of works 37,40-42
Advertisements: Standing Orders 3-10 of both Houses contain re-
quirements as to ... ... ... ••• ••• ••• 10,87,224
Affidavit :
When to be used before Examiners 12,13,120
Form of affidavit ... ••• ••• ■•• ••• 263
Inclosure Bills, &c 1*7
When may be admitted by Committee on Bill in House of
Lords 230,242
In proof of consents in Commons 132
Agents :
W ho may be ... ... ... •• ••• •■• ••• ••• 81,82
Origin of profession of ... ... ... •■• ... ... 81
Disciplinary powers over ... ... ... ... ... ... 82
Declaration of as to class and objects of bill .. ... 7, 9, 10
Form of declaration ... ... ... ... ••• ... ... 248
Bring Statements of Proofs before Examiners 12
Opposi ng Bills, enter appearances 13,24,35,329
Su pporting Bills, enter appearances 24,329
When must supply to applicants copies of amendments ... ... 23
Are personally responsible to Parliament for the fees ... 82, 329
See further Rules for Agents, p. 328 ; Agents ante, p. 174.
Amalgamation Bills ... ... ... ... ... ... 53, 54, 61
Amendments :
Must be within order giving leave to introduce bill ... ... 24
Proposed to be made in Committee ... ... ... ... ... 23
Must be verbal only on third reading 28,29
By Lords ... ... ... ... ... ... ... ••• 31
Appearance : How and when entered by Agents ... ... 13,24,35
Applications and Notices :
To Landowners, &c, required by Standing Orders 11-22 of both
Houses 60,91,224
Copy of Standing Orders regulating time and mode of presenting
petitions against bill to accompany ... ..: ... ... 93
Forwarding by registered letter ... ... ... ...^ 93,347
Associations: Locus Standi of ... ... ... ... ... 52-54,61
350 GENERAL INDEX.
Bills : Page
Distinction between public and private bills ... ... ... 1-5
Licensing public houses in a particular area to be public Bills ... 4
Classification of ... ... ... ... ... ••• ••• 6,7
Hybrid, what arc ... ... ... ... ..■ ••■ ••• 5
To which House to be brought in ... ... ... ■■• ••• 8,67
How brought in to Commons ... ... ... •■• 9,14,18
How personal bills brought in to Lords .... ... ... ... 67
Lords require no petition for local bills if there has been a petition
to Commons ... ... ... ... ... ... ... 10, 64
Opposition to, what the first opportunity for ... ... ... 11
Clauses to be inserted in particular bills ... ... ... ... 83, 84
Brought from Lords 30,31,196
Brought from Commons 64,65,224,225,227,228
First reading of ... ... ... ... ... ... ••• 18,64
Second reading of ... ... ... ... ... ... ... 18-20
Third reading of ... ... ... ... ... ... ••• 28
Altering provisions for protection . . ... ... ... ••• 60,61
Drafting of bills ... ... ; 83,84
Personal Bills, Local Bills, &e., see those headings post.
Book of Reference. See Book of Reference, ante, p. 176, and
Standing Orders of House or Lords, ^os^.
Burial Grounds, Bills for ... ... .. ... ... ... 60, 84
Certificates for Costs ... ... ... ... ... ... ..• 77-80
( JhAibman of Committee on Bill :
Casting vote of . ... 25
Duty of to report bill ... ... ... ... ... ... 27
of Committees of House of Lords ... ... ... ... •■• 225
Arranges business with Chairman of Committee of Ways and
Means ... ... ... ... ... ... .. 8
Duties as to Estate Bills 68,238
Disciplinary powers of, over Agents ... ... ... ... 82
of Committee of Ways and Means 121-123
Arranges business with Chairman of Committees of House of
Lords ... ... ... ... ... ... ... 8
Examines bill ... ... ... ... ... ... ... 21
Must have copies supplied to him ... ... ... 21, 23, 24, 29
Duties as to amendments on third reading .. ... ... 28,29
His sanction to motion for dispensing with Standing Orders 17
< ua.mbf.rs of Commerce, &C. ... ... ... ... ... 52,53,66
Charges :
Regulated by List of Charges ... ... ... ... ... 79
List of, in House of Commons ... ... ... ... ... 296
Recovery of, sec Costs, j/osf, and as to the charges of Parliament see
Fees, post.
Charity Bills 65,100
GENERAL INDEX. 351
Classes of Bills :
Bills other than Personal divided into two classes ... ... 6, 7, 85
Importance of, to practitioner ... ... ... ..- ••• 7
Classification of Bills ... ... .. ... ... ... ... 6, 7
Clauses :
Abandonment of clauses injuriously affecting opponent does not
necessarily terminate opposition... ... ... ... ••• 40
Affecting public revenue to be printed in italics ... ... ... 18
To be inserted in particular bills ••• ••• 69,83,84
Opposition may be to clauses or to preamble, or to both ... ... 25, 26
Committee of Selection ... ... ... ... 22,65, 124-127,228
Committee on Bill :
How appointed ... ... ... ... ... '••• ...21,65
Procedure before ... ... ..•.•• ..•. ..:•• ... 24-27,66
What is tried by ... ..-. .<. ... n- 26
Chairman to report ... ... ... ... ... ••• ••• 27, 28
Committee on Divorce ... ... ... ... ... ••• •>• 69
Committee on Railway and Canal Bills ... ... ... 22, 125-127
Committee on Standing Orders... ... ... ••• 14-17,65, 123, 124
Resolutions of Committee on Standing Orders ... ... ... 324
Commons, special provisions as to bills affecting, in Standing Orders,
see S.O. 4, 30, 33, 33b, 60a, of both Houses ... 88, 98, 100, 11.0, 224
Commons, House of, see House ox Commons, post.
Company's Bills : -
Standing Orders to be proved to have been complied with as to
consent of shareholders ... ... ... ... ... ... 19, 65
Locus standi of shareholders to oppose . ... ... ... 50,51,66
Competition, when a ground for locus standi to oppose ... ... ... 4 7 -50
Compliance with Standing Orders, 3-68 of both Houses to be proved
10, 19, 64, 65,87, 321
See further Company's Bills, ante ; Examiners, post.
Consideration :
Of Bill
Of Lords amendments ...
Consumers of Gas or Water
Corporation :
Seal of, in general, to be affixed to petition ...
Corporator how far bound by seal
See Local Authorities, post.
Costs ■ . .
Action for ... ... ... ... ... . .
Provision in favour of landowner as to
Council, see Local Authorities, post, and London, post.
Counsel :
One only heard on a side by Committee on Standing Orders
Before Referees...
Before Committee on Bill ...
. 29,
30
31
58,
59
62
50
. 62,
63
35, 77-
80, :
244
. 78
-80
77
15
35
. 25
-27
352 GENERAL INDEX
Page
Court of Referees ... ... ... ••• ••• ••• 22, 34-36
And see Referees, 2^>ost.
Declaration of Agent :
As to class of bill and objects 7-10
Form of ... ... ... ••• ••• ••• ••• ••• 248
Deposits, Standing Orders of both Houses contain requirements as to 10, 187
Deposit of Plans and Documents:
As to Standing Orders see 187,203
Substitution of clerk to Parish Counsel for Parish Clerk 169
Districts, meaning of, in Standing Orders 54
Dispensation with Standing Orders 15-17
Divorce Bills:
When required ... ... ... ... ••• ••• ••• ••• °8
Procedure on 68,69,243
Are private and are personal bills 1> 6
Drafting :
Of Bills, suggestions as to 83,84
Of Petitions against, suggestions as to 284
Of Objections to locus standi, suggestions as to 284
Estate Bills:
Are Private and Personal Bills 1,6
Are commenced by petition to Lords 8,10
Petitions for, are referred to Judges 68
Procedure on, in Parliament 8,10,63,68,70,237,238
Evidence :
Before Examiners **, 16
Means of compelling production of 13
Before Committee on Bill 2 ' 5_2 I
Before Referees 35,45,47
Examination :
Of bill by Clerks of Private Bill Office 19
By Examiners, see Examiners, infra.
By Chairman of Ways and Means 21
Examiners :
Examine as to compliance with .Standing Orders 10, 11, 19, 64-66, 87,
119-121, 224, 225
Procedureof 11-15,119-121,224,225,321
Sittings of 11,321
Decisions, form of 13-15
Special report of, to Committee on Standing Orders 14, 15
Notice as to Hearing Petitions by 323
See Memorial, post; Committee on Standing Orders, ante.
Extension of Time Bills 37,40-42,56
Pees :
Payable in each House, tables of 79,290-295
Agents responsible to House for 82,329
GENERAL INDEX. 353
Page
First Reading ... ... ... .. ... ... ••• ... 18, 64
Forms :
Affidavit in support of Proofs ... ... ... ... ... 263
Declaration of Agent ... ... ... ... ... ... ... 248
Memorial to Examiners ... ... ... ... ... ... 249
Memorial, indorsement of ... ... ... ... ... ... 254
Memorial to Examiners, another form ... ... ... ... 254
Objections to Locus Standi;
General form of ... ... ... ... ... -- ... 283
Indorsement of Notice of Objections ... ... ... ... 284
Of trustees of a port and harbour on a Dock and Railway Bill 285
Of a Municipal Corporation on a Dock and Railway Bill ... 286
Of a Railway Company on a Dock and Railway Bill ... 2£8
Petitionforleavetobringina.bin ... ... ... ... ... 246
Petition for leave, indorsement of ... ... ... ... ... 248
Petition against a bill by lessees and occupiers whose land is taken 265
Petition against a bill, indorsement of ... ... ... ... 267
Petition by trustees of a port and harbour against a Dock and Rail-
way Bill 268
Petition by a Municipal Corporation against a Dock and Railway
Bill 272
Petition by a Railway Company against a Dock and Railway Bill 277
Petition by the City of London Corporation against a Railway Bill 280
Statement of Proofs 259
Frontagers :
When entitled to be heard under S.O. 135 against Tramway Bill ... 57, 58
Notices to, in Tramway Bills ... ... ... ... ... 91,93
Gas Bills 56,58 60,84,191
See Locus Standi, post.
House of Commons :
What bills first brought in to 8
Bills, how brought in ... ... ... ... ... ... ... 18
Progress of bill through ... ... ... ... ... ... 18-31
See Bills, ante, Petition, post.
House of Lords, see Lords, piost.
Hybrid Bill ... ... ... ... ... ... ... ... 5
Inclosure Bills ... ... ... ... ... ... ... 84,147-149
Index to Standing Orders of Commons ... ... ... 174-223
Indorsement, of petitions against bill ... ... ... ... ... 23
For Forms of indorsement of various documents, see
Forms, supra.
Inhabitants, meaning of, in S.O, 134 of Commons ... ... ... 54
Injurious affecting :
How alleged in petition ... ... ... ... ... ... 55
Not in general by itself ground for locus standi ... ... ... 39
Instructions to Committee 20, 32, 33
354 GENERAL INDEX.
Page
Labouring Class, provision for housing of, when to be inserted in bill 76, 84
Land, application to owners, lessees, and occupiers required before
application for leave to bring in bill to take land com-
pulsorily 91,93,224
Landowner :
Application and notices to 60,91,93,224
Rights of lociu> standi of owners, lessees, and occupiers to oppose
bill 37
And see Locus Standi, post.
Provision protecting landowner against Liability for costs ... ... 77
List of Charges 79, 296
Local Authorities :
Seeking powers for their district when not liable to opposition of
ratepayers as such ... ... ... ... ... ... 59
Consent of, required for Tramway Bill... ... ... ... 94, 224
Power to construct or work tramways outside their district not to
be given except as stated... ... ... ■•• ... 144,145
Provisions where local authorities are empowered to work
tramways ... ... ... ... ... .... ... 145, 146
Bills of municipal or other local authorities giving police or
sanitary powers ... ... ... .,. ... ... 100,146,224
Lochs standi of, to oppose bills 54-57,130,131,230
How far sufficiently represent ratepayers, consumers of gas or water,
traders, freighters, &c, in opposing bills ... ... ... 58-60
Opposition by municipal or other local authorities on ground of
injury to trade or prosperity of district ... ... ... 55,56
Opposition on ground of loss of rates, when allowed ... ... 62
Opposition to provisions relating to lighting or water supply ... 56, 57
County Councils, opposition to bills by ... ... ... 57,230
County Council, opposition as representing parish council ... ... 63
Loi \i. Bills :
What are ... 8
Commenced by petition to Commons for leave to bring in bill ... 8
Nd petition to Lords required for, if petition has been presented to
Commons ... ... ... ... ... ... ... ... 10,64
See farther Bills, ante ; Petition, post.
Locus Standi :
Sta^e at which questions of, first arise ... ... .. ... 20
What entitles to a locus standi ... ... ... ... 35,36,46
Dealt with by Court of Referees ... ... ... ... ... 34
Depends upon the allegations in petition ... ... ... 22,46,47
What interference with property gives a ground lor hens
(andi 39, 40,43, 44
Determined by Committee in House of Lords ... ... ... 66
See further Referees, post.
Locus Standi Hi :
Ow es, and occupiers... ... ... ... ... ... 36-47
GENERAL INDEX. 355
Locus Standi of — cont.
Owner or occupier of well or stream...
Frontagers
Railway companies as owners
Railway companies against running poAvers ...
Traders, freighters, &c. ...
Shipowners
Associations, Chambers of Commerce, Agriculture, &e.
Shipowners' Associations
Shareholders in companies
Inhal litants, ratepayers, &c. ...
Consumers of gas or water
Councils (see also Local Authorities, ante),..
Locus Standi on Bills for :
Abandonment of works
Amalgamation
Burial grounds, infectious hospitals ...
Divorce
Estate
Extension of boundaries
Extension of time
Tramways
"Water, lighting, or gas
Locus Standi on bills which alter provisions for protection
Locus Standi on bills which interfere with markets
Locus Standi on bills which interfere with roads
Locus Standi on Ground of :
Competition
Imposition of new rates or taxes ...
Inj uriously affecting property
Injury to trade of district or town ....
Interference with water rights
Loss of access to premises
Loss of rates ... ... ... ... ... ... ...• ... 62
Locus Standi, when not given on ground of temporary occupation of
lands 39
London :
Bills relating to management of whole Metropolitan area usually
public ... ... ... ... ... ... ... ... 2-4
Bills of City Corporation relating to City alone usually private ... 2-4
County Council, bills of ... 2,3,84,153-1.56,224
County Council, plans, copies of bills, &c, wheu to be deposited
with 196
Lords :
Bills brought from 19,30,31,196
Bills sent to 30,64,6.5,224,225,227,228
Committees of, decide on locus standi ... ... ... ... 66
Personal Bills first to be brought into 8-10,67
Page
11
57,
58
38,
51
51
59,
60,
61
53,
59
52,
53,
66
53
50,
51
.54,
59,
63
...
58,
59
57,
63
37,
40-
-42
.53,
54,
61
60
68,
69
68,
69
4.5,
46,
63
37, 40-
-12,
56
48, 49,
57,
58
5.5, .56,
58,
60
60,
,61
62
44,
61,
62
47-
-50
45
39
.52,
55,
56
44,
45
43
bill ...
... 11, 12
ied with
... 11, 12
13
... 12-15
72
249, 254
83, 333
... 54-57
6-9,
67,70, 199
10, 91, 199,
200, 224
356 GENERAL INDEX.
Lords — cont. Page
Petition is to Lords on Personal Bills ... ... ... ... 9, 67
Petition to Lords not required in Local Bills where petition to
Commons 10, 64, 226
See Personal Bills, Petition, post.
Members bringing in hill ... ... ... ... ... ... ... 18
Memorial :
Is mode of objecting to petition for leave to bring in bill
Objecting that Standing Orders have not been complied with
Objection to Memorialists lieing heard
Procedure on hearing before Examiners ....
Provisional Order Bills
Porms of ... ... ... • .
See " Examiners,"' ante.
Model Bills and Clauses, List of
Municipal Corporation, Locus*, standi of
See Local Authorities, ante.
Naturalization and Name Bills ...
Notices, Standing Orders contain requirements as to
See Applications and Notices, ante.
Objections :
To petitions for leave to bring in bill on ground of non-compliance
with Standing Orders, made by Memorial, see Memorial, ante.
To petitions against bill on ground of no right to locus standi ... 23, 63
Forms of Notice of Objections to Locus Standi ... ... 283-289
See Locus Standi, ante.
Occupier, definition of, in Standing Orders 87
Opposed Bills, what are 21
Opposition :
First opportunity for ... ... ... ... ... ... ... 11
May be to clauses or preamble, or both ... ... ... ... 25, 26
Is limited by the petition 26,46,47
Third reading, final opportunity for ... ... ... ... 30
Owner, see Landowner, ante.
Parish COUNCIL :
Clerk of, takes deposits of documents in lieu of parish clerk ... 169
I;, presented against bill by County Council ... ... ... 63
Patent: Bi 11 to restore ... ... ... ... ... ... 147,234
Personal Bills :
"What are 1,2.6-8
Must be brought in first to Lords 8,67
Commenced by petition to Lords 9,10,67
Pr lure on ... ... ... ... ... .... ... ... 67-70
I'l riTIOH PCS LEAVE TO BEING IN Bill:
To Commons in Local Bills 8,9,98
To Lords in Personal Bills 8,9,10,67,237
Formalities of 9,10,67,98,237
GENERAL INDEX.
357
Petition for Leave to bring in ~BA\-cont.
By Corporate Bodies...
Form of
How objected to, see ante, Memorial.
Petition in opposition to Bill :
When and how to be presented
Must conform to rules, &c. ...
Rules as to, in Commons
Contents of
Ls what is tried by Committee •on Bill
Injurious affecting, how alleged in ...
By Corporate Bodies ...
Withdrawal of
Forms of
Orders regulating time and mode of presenting
Petitions, how addressed ...
Petition, praying for dispensation with Standing Orders
Petition, opposing dispensation with Standing Order? ...
Petitions, paragraphs in, are numbered ...
Petitions, rules regulations, &c, as to
Petitioner, in favour of bill is not heard except as a witness
Petitioner against bill supplies committee with copies of his petition
Petitioner, against bill is limited by his petition
Plans...
Post Case, name given to L. & N.W. Railway case, the leading case on
landowner's right to locus standi ... ... ... ... ... 37
Posting of Parliamentary Notices 93,347
Private Bill, distinction between Private and Public Bills ... ... 1—5
Private Bill Office, orders regulating 162-165
Private Bill Office, regulations as to deposit of petitions in ... ... 322
Promoter :
Must appear before Examiners to prove compliance with Standing
Orders 11,12,321
Must supply Committee on Bill with copies of bill as proposed ... 24
Where liable for costs ... ... ... ... ... ... 77
Proofs, see Statement of Proofs, post.
Proximity, or diminution in value caused by proximity to works, not of
itself ground of locus standi ... ... ... . . ... 42
Provisional Orders ... ... ... ... ... ... ... 71-76
Public Bill, see Private Bill, ante.
Page
62
"
246-248
21-23, 65
22
321
22-
-24,
36, 46, 63
26,
37,
38, 46, 47
55
62
23
265-282
93, 129, 228
... 9, 67
16
16
63
321-323
24
ctii
ion
24
... 25, 38
203, 224
Railway and Tramway Bills, general provisions, clauses to be in-
134-146,232-234
serted, &c
Railway Bills :
Powers as to steam vessels., when not to be allowed
Interest on calls, clause prohibiting except, &c.
Level crossings
See Index to Standing Orders, ante, p. 211, Locus Standi, ante
A A
135, 141, 232
142, 233
135, 232
358
GENERAL INDEX.
Kailwav Kates ok Tolls : Page
Bill increasing, not reported to Commons until committee bas had
a report from Board of Trade ... ... ... ... ... 133
Bill increasing, not read ai second time in Lords until Lords have
had a report from Board of Trade ... ... ... 65,227
Clauses as to application of General Acts and revision to be
inserted 142, 144
ratepayers ... ... ... ... ... ... ... ... 59,63
Referees :
Appointed to deal with questions of locus standi ... ... 22, 34, 123
Only deal with rights appearing on the petition ... ... ... 22
Procedure before 23,34-36,45,47,62,63
Rules for ... 326
See Locus Standi, ante.
Regulations as to Deposit of Petitions ... ... ... ... ... 322
Regulations for posting Parliamentary Notices ... ... ... ... 347
Report of Committee on Bill ... ... ... ... ... ... 27-29
Report of Standing Orders Committee, reconsideration of 17
Resolutions of Standing Orders Committee ... ... ... ... 324
L'i'.vr.xrE, clauses affecting to be printed in italics ... ... ... 18
Rules as to petitions against bills to Commons ... ... ... ... 321
Rules as to proof of compliance with Standing Orders ... ... ... 321
Rules for Agents ... ... ... ... ... ... ... ... 328
Rules for Referees ... ... ... ... ... ... ... ... 326
Rui.i.vgs :
as to what bills to be public, what private
of .Mr. Speaker Denison ... ... ... ... ... 4
of Mr. Speaker Peel
of Mr. Speaker Gully 3,5
as to Instructions to Committees on Bills ... ... ... ... 32, 33
Seal of Corporate Body 50,62
5b( "ni> Reading :
Procedure ... ... ... ... ... ... ... ... 18-20
How far sanctions principle of bill ... ... ... ... 20,25,26
Division on ... ... ... ... ... ... ... ... 21
Amendment or Instruction on ... ... ... ... ...20,32
Shareholders, consents of. See Company's Bills, ante.
Speaker. Sir Kn.r.\<;s, ante ; and Regulations ... ... 119,322
Speaker's Counsel... ... ... ... ... ... ... 21,24,28
ding Orders :
Compliance with to be proved before Examiners, see Examiners,
ante; and Rides ... ... ... ... ... ... ... 321
Dispensation with ... ... ... ... ... ... 15,16,17
Regulating time and mode of presenting petitions against bill to
accompany applications and notices ... ... ... 93, 129, 228
-■■lect Committee on Standing Orders ... ... 324
Standing Orders of House of Commons, see Index ... ... 85-223
GENERAL INDEX. 359
Page
Standing Orders of House of Lords ... ... ... ... 224-244
Private Bills distinguished as Local and Personal ... ... ... 224
Two classes of Local Bills (Ord. 1) 224
Appointment of Examiners (Ord. 2) ... ... ... 224
Standing Orders, compliance with which is to be proved before the
Examiners :
1. Notices by advertisement (Ord. 3-10) 224
.2. Notices and applications to owners, &c. (Ord. 11-22) ... 224
3. Deposit of documents (Ord. 23-39) 224
4. Form of plans, books of reference, &c. (Ord. 40-55) ... 224
5. Estimates and deposits of money, &c. (Ord. 56-59) ... 224
6. Bills brought from the House of Commons (Ord. 60-61) ... 224
7. Consents of proprieters or members of Companies, and of
Grand Jury, &c, and consent of persons named as
directors (Ord. 62-68) 224
8. London County Council Money Bills (Ord. 69-69^) ... 224
Eeference of Bills, &c. to, and duties of and practice before
Examiners (Ord. 70-79) 224, 225
Appointment and duties of Standing Orders Committee (Ord.'80-85)224, 225
First and Second Readings of Bills (Ord. 86-91) 226-227
Petitions (Ord. 92-94) 228
The Chairman of Committees. Committees on Bills. Committee of
Selection (Ord. 95-1026) 228-230
Proceedings by and in relation to Committees on Bills :
General provisions (Ord. 103-111) 230,231
Railway, Tramway, Tramroad, and Subway Bills (Ord. 112-
133d) 232-234
Local Government Bills (Ord. 134, 135) 234
Letters Patent (Ord. 136, 137) 234
Inclosure Bills (Ord. 138) 235
Gasworks, Sewage, Cemeteries, &c. (Ord. 139, 140a) 235
Re-commitment and miscellaneous matters (Ord. 141-147a) 235, 236
Application of Estate Bill Orders (Ord. 148) ... ... ... 237
Proceedings in relation to Personal Bills (Ord. 149-152) 237
Estate Bills (Ord. 153-159) 237,238
Committees on Estate Bills (Ord. 160, 161) 238
Consents and acceptance of trusts (Ord. 162-173) ... 239-242
Evidence (Ord. 174) 242
Divorce Bills (Ord. 175, 178) 243
Naturalization Bills (Ord. 179, 180) ... 244
Application of Local Bill Orders (Ord. 181) 244
Examiners' rules ... ... ... ... ... ... ... 321
Taxation of costs ... ... ... ... ... ... ... 244
Statement op Proofs :
Agent brings before Examiner ... ... ... ... ... 12,13
Form of 259
List of Statements of Proofs to be purchased 261,262,321
360 GENERAL INDEX.
Page
Statement to Standing Orders Committee ... ... 15, 16, 324, 325
Statutes :
Costs and Taxation, 10 & 11 Vict. c. G9 79, 80, 334
„ „ 12 & 13 Viet. c. 78 79, 80, 338
Costs, 28 Viet. c. 27 77,78,344
Deposited documents, 7 Win. 4. & 1 Viet. c. 83 ... ... ... 167
Deposits of money, 9 & 10 Viet, e. 20 170
Deposits, repayment of, 55 & 56 Vict. c. 27 170
Deposits with clerks to Parish Councils, 56 & 57 Vict. c. 73 ... 169
Railway Companies Powers, 27 & 28 Vict. c. 120 73
Railways Construction, 27 & 28 Vict. c. 121 ' 73
Witnesses examination by Referees on oath, 30 & 31 Vict. c. 136 35
Street, meaning of. in Standing Orders ... ... ... ... ... 57,58
Table of Fees -• 290
Table of Times for the different steps to be taken ... ... 331, 332
Third Reading ... ... ... ... ... ... • •• ••■ 28-30
Third Reading, only verbal amendments to be made on ... ... 28
Third Reading, division on ... ... ... ... ... ... 30
Title to property not tried by Referees ... ... ... ... ... 47
Traders, Freighters, &c, Locus Standi of ... ... ... 59,61,130
Tramway Bills, see Frontagers, ante; Railway and Tramway Bills,
ante.
Unopposed Bills 21,22,65,126,131,132
Water Bills 56,57,60
Water, interference with ... ... ... ... ... ... ... 44,45
Water, underground water ... ... ... ... ... ... ... 44
Witnesses, see Evidence, ante.
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4
5
2
1
1
9i
1
1
5
3z
6h
2
6h
1
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o
o
o
o
o
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o
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o
o 8
O III
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