UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY PRIVATE BILL PROCEDURE. PRIVATE BILL PROCEDURE. A GUIDE PROCEDURE UPON PRIVATE BILLS : TODKTHKR WITH FORMS STANDING OEDERS OF THE HOUSE OF COMMONS, CONDENSED STANDING ORDERS OF THE HOUSE OF LORDS, TABLES OF FEES, RULES, &c. BY CYRIL DODD, Q.C. (Formerly Member of Parliament for the Maldon Division of Essex), AND H. W. W. WILBERFORCE (Qf the Timer Temple, Barrister-at-Law). EYRE & SPOTTISWOODE, Government, Legal, end General Publishers, EAST HARDING STREET, FLEET STREET, E.G. 1898. Price 7s. iSd. Ul2-f PREFACE. In preparing the present work for publication it has been the aim of the authors to provide for the practitioner, within the limits of a book of moderate size, such information as is ordinarily required in the conduct of the business of private bill legislation, and to furnish him with sufficient examples of the petitions, notices of objection to locus standi, and other documents ordinarily required to enable him to frame the documents which he needs for the particular bill he may be engaged in promoting or opposing. The general scheme of the book is, that chapters dealing with the distinction between private and public bills, the classification of bills, the procedure to introduce bills into Parliament, and the mode in which private bills are passed through com- mittee, and through Parliament come first, and then comes a chapter dealing in some detail with questions of loons standi, followed by short chapters on Provisional Orders, Costs, Parliamen- tary Agents, and on the drafting of Bills, and at the conclusion of this part of the book the 778825 VI PREFACE. Standing Orders of the two Houses (those of the Commons at full length with its index), Reso- lutions and Rules for Practice, &c, are placed, with occasional notes and with references to the earlier portion of the book, in an Appendix, in which also the forms of the various documents commonly required in Parliamentary practice will he found, supplemented by like notes and references. The authors have to acknowledge with grati- tude the assistance they have derived from Sir Erskine May's most accurate work on Parlia- mentary Practice, which contains a valuable account of the system of Private Legislation in Parliament, and of the practice of the two Houses both in relation to public and to private business. They would likewise refer to Mr. Smethhurst's little treatise on locus standi, of which they have to some extent availed themselves, and which in any difficult question of locus standi the practi- tioner would do well to consult, notwithstanding tin- fact that many alterations have been made in the Standing Orders and many fresh eases have been reported since the last edition of it was written. The thanks of the authors are specially due to the Right Honourable the Speaker of the House of Commons, to the Right Honourable Sir John Mowbray, M.P., to Mr. Ferguson- Davie and other officials of Parliament, to Messrs. Sherwood & Co., Messrs. Grahames, PREFACE. vil Currey & Spens, and Messrs. Lock & Co., all of Great George Street, Westminster, parliamentary agents; to Messrs. Martin & Leslie, of Abingdon Street, Westminster, and to Messrs. Dyson & Co., of Parliament Street, Westminster, parliamentary agents. It is beyond the scope of the present work to consider the suggestions which have at various times been made, whether for simplifying the procedure in regard to private bills, or for entrusting some portion of the work of private legislation so far as relates to Scotland or to Ireland to local commissions, or other bodies, in lieu of the present Parliamentary Committees, or to discuss the propriety of giving to the Examiners of Standing Orders or to the Court of Referees further powers enabling them to amend mistakes or errors at the cost of the party in fault, or to consider the desirability of lessening the number of instances in Avliicli a bill keenly fought before a Committee of one House is again fought before a similar Committee of the other House, by providing that opponents in whichever may be the second of the two Houses should be liable to pay the costs of the promoters in the second House, unless their continued opposition should be justified by a success of a complete, or at least of a substantial character. The present book deals with none of these questions, but is confined to a consideration of the procedure as it now exists. vin PBEFACE. It is intended for the practical use of those engaged in private bill legislation, and is submitted to them by the authors with a full appreciation of the magnitude, value, and importance of the work done by the Committees of both Houses of Parliament. C. D. H. W. W. W. 2, Harcourt Buildings, Temple, Jan a art/ 1S98. CONTENTS. Chapteb I. Private Bills, their subject-matter II. Classification of Private Bills .... III. Introduction into Parliament .... IV. Progress of Bill through the Commons up to am including the Committee Stage V. Report, Third Reading, Sending Bill to the Lords VI. Instructions VII. Locus Standi — Inquiry before the Court of Referees as to Locus Standi VIII. House of Lords IX. Personal Bills . X. Provisional Orders . XI. Costs .... XII. Parliamentary Agents and Drafting Page 1 6 8 18 28 32 34 04 67 71 77 81 APPENDIX. Standing Orders of House of Commons, with Index . 85 Standing Orders of House of Lords .... 224 Forms : — Petitition for Bill, and Agent's Declaration . . 246 Memorials 24 i) Statements of Proof ...... 259 Affidavit in Support ....... 263 Petitions against Bill ...... 265 Notices of Objection to Locus Static!? . . . 2SH CONTENTS. A.PPENDIX — cont. Table of Fees in House of Commons Table of Fees in House of Lords . List of Charges for Agents in House of Commons Rules as to Petitions against Private Bills Kales as to Proof of Compliance with Standing Or Regulations as to Deposit of Petitions Xotice as to Hearing of Petitions by Examiners Resolutions of Standing Orders Committee Rules for Referees Rules for Agents . Time-table .... List of Model Bills and Clauses Statutes: — lu & 11 Vict. c. 60 12 & 13 Vict. c. 7b 28 Vict. c. 27 Regulations for Posting Parliamentary Notices lei: Page 200 203 296 321 321 322 323 324 326 32tf 331 333 334 338 344 347 General Index 340 ( I ) CHAPTER I. Private Bills— Their Subject Matter. It will be convenient, in the first instance, to indicate the distinctions between those schemes which are con- sidered by Parliament proper to be promoted by public bill, and those for which a private bill is the appropriate method of procedure. The keynote of the distinction between the subject matter proper for a private bill and that for a public bill is to be found in the Resolution of the House of Commons of June 4th, 1751, which is as follows : — " Every bill for the particular interest or benefit of any person or persons, whether the same be brought in upon petition, or motion, or report from a committee, or brought from the Lords, has been and ought to be deemed a private bill within the meaning of the Table of Fees." This distinction of the private bill as one " for the particular interest or benefit of any person or persons," as contrasted with the public bill intended for the general or public benefit, or dealing with a general or public interest, is to be regarded as the principal criterion. Estate Bills, Divorce Bills, Naturalization and Name Bills are, in all cases, necessarily private bills, being " for the particular interest or benefit '* of certain persons. In the Standing Orders of the House of Lords, Estate, Divorce, Naturalization and Name Bills are all 1'RlVATi: BILL PROCEDURE. classed as, or termed "Personal Bills"; and it may be observed that all "Personal Bills," within the meaning of that expression as used in those Orders, must be private hills.O The difficulty which occasionally arises in determining whether a scheme should be proposed as a private bill, >r whether it must be made the subject of legislation by public bill, arises in relation to those matters which, if dealt with by private bill, would be embodied in a bill of the character denominated in the Standing Orders of the House of Lords as a " Local Bill," a term which includes all private bills other than " Personal Bills" ( 2 ). " Local Bills " frequently affect the general or public interests of particular localities; and in some cases, from the extent to which such interests are affected, measures proposed as private bills have been declared unfit for private legislation, and the parties have been required to proceed by public bill. A bill incorporating or giving powers to a particular company would in general be required to be a private bill ; SO would a bill authorising the making of a particular railway, or a particular bridge, or street; whilst a bill amending the law applicable to railways in general, or giving to all towns in a particular district or of a par- ticular size additional powers of police or other local regulation, would be required to be promoted as a public bill. Bills relating to the management or government of particular provincial cities or boroughs, promoted by the Corporations of such cities or boroughs, are treated in genera] as private bills: and this rule is usually applied to bills dealing with the City of London when promoted by the City Corporation, but it is not applied to bills promoted by the London County Council affecting the (i, S. 0. 1, 149, II. I-. ( 2 ) S.O. 1. ILL. PRIVATE KILLS — THECR SUBJECT MATTER. 3 whole of* the metropolitan area other than those bills specially mentioned in the Standing Orders, 194 to 194 D C). Thus., upon the City of London (Inclusion of South- wark) Bill, Mr. Speaker Gully, on March 22nd, 1897, declined to rule that the bill, which was promoted by the City Corporation, was improperly brought in as a private bill, its main object being to extend the bounda- ries of a borough, a subject matter considered proper in general to be dealt with by private bill. (-) Whilst upon the debate in the House of Commons of February 14th, 1895, upon the London Valuation Assessment Bill — a bill introduced as a private bill, promoted by the London County Council — Mr. Speaker Peel gave his reasons to the House for holding that it was a bill which ought to be introduced as a public bill, pointing out that the magnitude of its scope, the area touched upon, and the extent of the interests implicated were such that full publicity ought to be given to the bill, and that it ought to go through all the stages of a public bill, and when placed upon the Statute Book it ought to be placed among the Public Acts so as to be accessible to all, and not placed amongst those which were merely Local and Personal Acts. He further said that though it did not quite follow from all the precedents that a bill affecting the entire Metropolis must necessarily be introduced as a public bill, still he thought that a review of the prece- dents established the conclusion that bills affecting the whole Metropolis should, as a rule, be introduced as public bills. He referred to a Thames Navigation Bill, which in 1857 was introduced as a private bill, and to a Weighing of Corn Bill in 18(34 which was introduced — and in his opinion properly so — as a public bill ; and also to the Coal (») See S. 0. 194 — 194 D, post, p. 153. (-) Pari. Deb., 4th Series, Vol. 47, p. 1078. 4 PRIVATE BILL PROCEDURE. Duties Bill, which in the year 1889 was similarly dealt with as a public bill, as precedents in support of his views. (') Upon the second reading of the Weighing of Corn Bill in 1864, Mr. Speaker Denison stated to the House that the policy of late years had been to introduce bills relating to the Metropolis as public bills on account of the great extent and the general interests involved, though if those bills had related to other towns they would have I ii ngarded as proper to be dealt with by private bill Legislation. (-) Bills involving questions of general policy, though limited in their application to particular areas, are in general to be introduced as public bills. Thus, bills relating to the sale of liquors in Cornwall, in Durham, in Yorkshire, &c, have been introduced as public bills ( 3 ); and upon a private bill brought in, in 1865, to alter the licensing system in Liverpool, the House of Commons, upon the second reading, carried an amendment to the motion for the reading, that the granting of licenses was a subject which ought not, at the then present time, to be dealt with by private bill. ( 4 ) In the House of Lords, upon objection being taken, on May 1 4th, 1897, during the progress of the Dublin Corpo- ration Bill, that some of its clauses dealt with a question of genera] policy, by giving a municipal franchise to women in Dublin, and that such a question was not proper to be dealt with by a private bill, the clauses giving rise to the objection were struck out by the House. ( 5 ) In cases where it is doubtful whether the bill should be public or private, the doubt is often to be solved by ; Pari. Deb., 4th Series, Vol.30, p. 707. arl. Deb., 3rd Series, Vol. 170, p. 171. I | May, p. 640. ('• I May, p. 640 ; 120 C. ■). 92 ; Pari. Deb., 3rd Series, Vol. 177, p. 642. ( ■> Pari. Deb., 4th Series, Vol. 4!), p. 154. PRIVATE BILLS — THEIR SUBJECT MATTER. 5 a consideration of the extent to which the bill affects general public matters or interests. When the Belfast Corporation Bill (a private bill) was before the House of Commons, March 6th, 1896, Mr. Speaker Gully said of that bill: "The clauses relating to public matters are not so great in number or importance as to make it necessary to introduce it as a public bill. It is always a question of degree whether the quantity of matter bearing on Public Acts is such as to make it necessary to bring in the bill as a public bill." (*) Where a public bill is found to affect private rights it is what is termed a " hybrid " bill, and the House, upon sending it to a Committee after the second reading, may empower the Committee to hear evidence, and permit the attendance of counsel in the same way as if it had been brought in originally as a private bill ; and then, when reported from that Committee to the House, it is recom- mitted to a Committee of the whole House, thus passing through the two Committees — the one as though a private bill, and the other as though an ordinary public bill — before becoming what is virtually a Public Act. (») Pari. Deb., 4th Series, Vol. 38, p. 335. ( 6 ) CHAPTER II. Classification of Private Bills. The Standing Orders of the House of Lords conveniently divide private bills into two kinds, " Personal Bills" and " Local Bills," and then sub-divide " Local Bills " into two distinct classes. ( x ) In the Standing Orders of the House of Commons, the expressions " Personal Bills " and " Local Bills " are not used, but private bills are therein divided into two classes, which correspond almost exactly with the two divisions into which " Local Bills " are sub-divided in the Standing Orders of the House of Lords ; whilst the difficulty which might otherwise arise from the absence of any mention of " Personal Bills " in the Standing Orders of the House of Commons is removed by special provision being made, so far as is necessary, for bills not falling within the two classes into which that House thus divides bills. Divorce, Estate, Naturalization and Name Bills are not within either of the two classes into which private bills arc divided by the Standing Orders of the House of Commons, but provision is made for them, so far as is necessary, by subsequent Orders of that House. (-) These bills are in the Standing Orders of the House of Lords, termed " Personal Bills," and they are required by the practice of Parliament to be brought in, in the first instance, (i) S.O. l, H. I- h) 6. 0. I, po»t, p. &J; s - °- 188b— 192, 208, 211. post, pp. 152, 158, 159. CLASSIFICATION OF PRIVATE BILLS. 7 in the House of Lords.(') This practice doubtless furnishes the explanation of the somewhat curious fact that the Standing Orders of the House of Commons in dividing private bills, as above stated, into two classes, place bills of the kind termed in the House of Lords " Personal Bills " in neither class. The object of the division into two classes thus made by the Standing Orders of the House of Commons would seem to be to enable each class to be more readily referred to in subsequent Standing Orders than if on each occasion a particular description of the bills intended to be dealt with had to be given.( 2 ) Class 2 appears to be con- fined to bills which authorize the making, maintaining or varying, railways, tramways, or works of an engineering or structural character, whilst in Class 1 bills not partaking of that character are placed, though there are placed with them many bills which involve the construction of works, such as gas bills, market bills, and drainage of land bills.(' 3 ) To the practitioner this division is of importance, because the Standing Orders prescribe various steps to be taken by reference to the Class in which the bill is. and because, with the petition for the bill to the Lower House, a declaration signed by the agent for the bill has to be deposited in the Private Bill Office, stating to which of the two the bill, in the judgment of the agent, belongs. ( 4 ) Estate, Divorce, Naturalization and Name, and all other private bills, not specified in Order J of the Standing Orders of the House of Lords as " Local Bills," are, in the Standing Orders of that House, termed " Personal Bills:"( 5 ) (!) S. 0. 1, 149, H. L. ; and see post, p. 9. ( 2 ) See S. 0. 1, 4, 11. 24, &c, pos?, pp. 85, 87, 9] , 95. ( 3 ) S. 0. 1. post, p. 85, which sets out the classes in extenso. ( 4 ) S. 0. 32, post, p. 98. ( 5 ) S. 0. 149, H. L. B 2 ( 8 ) CHAPTER III Introduction into Parliament. Private bills falling within either of the two classes into which private bills are divided by the Standing Orders of the House of Commons,(') or, which is practically the same thing, within the description of " Local Bills " as used in the Standing Orders of the House of Lords,( 2 ) may, it would seem, be lawfully brought in, in the first instance, in either House of Parliament, but the practice is to com- mence them by the presentation of a petition to the House of Commons for leave to bring in the bill, and afterwards, when the session commences, the Chairman of the Com- mittee of Ways and Means, on behalf of the Lower House, and the Chairman of Committees of the House of Lords, on behalf of that House, meet and arrange in which House each of such bills should be first considered, thus securing a proper distribution of the business of private legislation between the two Houses.( 3 ) Estate, Divorce, Naturalization, and Name Bills, and any other bills not falling within the description of "Local Bills" as used in the Standing Orders of the House of Lords are " Personal Bills," and are in the first instance brought into the House of Lords. ( 4 ) They are not within either of the classes into which the Standing Orders of the House of Commons divide bills,( 5 ) and are commenced by petition to the Lords for leave to bring in the bill( 8 ) (') S. 0.1, poet, p. 85 ; and see mte, p. 6. (<) See S. 0. 1, 149, H. L. ( 2 ) S. 0. 1, H. L. («) S. O. I, post, p. 85, and see (»■) S. 0. 70, post, \>. 121. ante, p. 6. («) S. O. 150, H. L. INTRODUCTION INTO PARLIAMENT. 9 The petition required by the Standing Orders of the House of Commons for leave to bring in a bill to that House, must be signed by the parties, or some of them, who are " suitors for the bill.'X 1 ) A printed copy of the bill is annexed, and these documents are accompanied by a declaration, signed by the agent, stating to which of the two classes into which the Standing Orders of the House of Commons divides private bills, the bill proposed, in his judgment belongs,( 2 ) and if the proposed bill gives power to effect any of certain objects specified in Standing Order 32 (post, p. 98), the declaration must state which of such powers are given, and further expressly state that the bill gives no power to effect any of the named objects other than those thus stated. ( :i ) If the proposed bill contains no power to effect any of the named objects, the declaration must so state. The declaration must in any case contain a statement that the bill does not give any powers other than those in the notices for the bill.( 4 ) Forms of petition and declaration will be found post, pp., 246, 248. The petition must be written, not printed or litho- graphed. It must contain a prayer, and be signed, as before stated, by at least one person, or sealed, on the skin or sheet on which the prayer is written. No erasures or interlineations may be made in the petition. It is to be addressed " To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled."( 5 ) Except as above, no particular formalities are prescribed or required. " Personal Bills " are originated in the House of Lords by petition, to which a printed copy (!) S. 0. 193, post, p. 153. C 2 ) S. O. 32, 193, pout, pp. 98, 153. C a ) S. 0. 32,^o^, p. 98. C) S. O. 32, pod. p. 9« ; as to notices see post, pp. 87 — 91. (, 5 ) See Rules as to Petitions against Private Bills, House of Commons, post, p. 321, and see Form, post, p. 246. 10 PRIVATE BILL PROCEDURE. of the bill is annexed. That House requires that the petition should be signed by one or more " of the parties principally concerned in the consequences of the bill."(') No declaration of objects, it will be observed, is required by the House of Lords, either in the case of Personal or other bills ; and in the case of " Local Bills," no petition for leave to bring in the bill is presented to that House if a petition has been presented to the Commons for leave to bring it in to the Lower House. ( 2 ) Where the legislation is initiated in the House of Lords, as is the case with " Personal Bills," as has been already stated, the petition, which is then to the House of Lords, is, with the bill annexed, deposited at the offices of that House ; and where, as is ordinarily the case with all bills other than " Personal Bills," it is initiated in the Commons, the petition, which is then one to the Commons, is depo- sited, with the bill annexed, and with the declaration, in the Private Bill Office at Westminster. ( 3 ) A register is kept at the Private Bill Office upon which the petition is, upon payment of the required fees, entered, and a general list of petitions is afterwards made out in that office ami printed.^) The Standing Orders of both Houses contain a number of requirements as to notices, advertisements, deposits, &c, which have to be complied with before bills of the two classes dealt with by the Standing Orders of the Commons, or " Local Bills," as the House of Lords terms them, can be introduced into those Houses( 5 ) ; and in order to ascertain whether such requirements, and the similar requirements which may arise at later stages, have or have not been complied with, officials, termed Examiners, have been f 1 ) 8. 0. 150, 151, H. L. (2) See 8. 0. 8G, H. L. ( 3 ) S. 0. 32, )'.)'.i, post, pp. 98, 153. ( 4 J S. I 1. 227, 221), past, p. 1C2 ; Table of Fees, post, p. 290 ; Regulations for the Deposit of Petitions, post, pi 322. ( 6 ) See S. O. 3—59, post, pp. 87—109 ; 8: O. 3—59, H. L. INTRODUCTION INTO PARLIAMENT. 11 appointed by both Houses, whose duty it is to inquire into compliance with the Standing Orders, and report to the Houses the result arrived at.(*) The same Examiners act for both Houses. Their sittings are fixed by the Standing Orders. Under the present Orders they commence Jan. 18th.( 2 ) Their pro- cedure is regulated by the Standing Orders and by the Speaker's Regulations.( 3 ) It is at this stage of the proceedings, when compliance with Standing Orders has to be proved, that the first opportunity for opposition to the bill arises Promoters, whether opposed or not, have to prove compliance with Standing Orders. Opponents of a bill desiring to oppose at this stage, do so by depositing at the Private Bill Office a " Memorial " complaining of non-compliance with such of the Standing Orders of either House as they allege have not been complied with. Under the present Standing Orders the depositing of Memorials is as follows : if they relate to bills numbered in the general list of petitions published by the Private Bill Office— From 1 — 100 \ They must be depo- r Jan. 9th 101—200 - sited before two-' „ 16th 201 and upwards - o'clock on ' „ 23rd These memorials are the notices of objection taken by the opponents of the proposed legislation on the ground of non-compliance with Standing Orders. A Memorial, where there is one, is addressed to the Examiner. It must state specifically what the non-compliance with the Standing Orders is which is complained of.( 4 ) As soon as the time for depositing Memorials has expired, the petition is marked (') S. O. 2, 71, post, pp. 86, 119 ; S. O. 2, 76, H. L. ( 2 ) S. 69, post, p. 119 ; S. O. 70, H. L. (, 3 ) S. O. 69— 78,post,vp. 119— 121 ; S. 0. 70— 79 H. L. ; Notice, &c, post, p. 323. ( 4 ) S. 0. 7i,post, p. 120 ; S. 0. 230, post, p. 162 ; 8. 0. 73, H. L. See for a Form of Memorial, post, p. 249. 12 PRIVATE BILL PROCEDURE. in the general list " opposed " or " unopposed," as the case may be, and it is heard in its order as it stands in the list, precedence being given, when necessary, to unopposed peti- tions^ 1 ) Daily lists are made out in the Private Bill Office shewing the order in which the petitions will be taken.( J ) The promoters, whether their petition is opposed or unopposed, must appear at the time appointed for the hearing, otherwise their petition will be struck out of the list : and there is a special provision in the Standing Orders of the House of Commons, that the Examiner shall not re-insert it except by order of that House. ('-) Upon the hearing, the agent supporting the petition— that is to say, the agent in favour of the bill — brings before the Examiner a " Statement of Proofs," shewing that the Standing Orders have been complied with, and giving the name of each witness opposite each proof, who is to prove each of the matters therein stated.( 3 ) The witnesses thus named will, where the Examiner does not admit of proof by affidavit, be examined viva voce by the agent in the order in which they appear in the Statement of Proofs ; and where the Examiner does admit of proof by affidavit, the affidavit of such witnesses will in like order be handed in. By the Standing Orders of both Houses, the examiners are empowered to admit affidavits in proof of compliance with Standing Orders, or to require further evidence, as they may think most desirable.( 4 ) Where the petition is unopposed, the examiner will, in general, be satisfied by proof by affidavit ; but where there appears likely to be a serious conflict upon any material matter of fact, the wit- nesses will usually be examined vivd voce. By the Standing Orders any parties are entitled to appear and be heard, by themselves, their agents and wit- ('; See Notice as to the Hearing of Petitions, poxt, \>. 323. 3. 0, 70, post, p. 119. ( 3 ) May, G8o. For form of Statement of Proof see fjost, p. 259. {*) S. I >. 76, pogt,-p. 120 ; S. O. 77, H. L. ; see form of affidavit, post, p. 263. INTRODUCTION INTO PARLIAMENT. 13 nesses, upon a Memorial addressed to the examiner, com- plaining of a non-compliance with the Standing Orders, provided the matter complained of be specifically stated in such Memorial, and the -party (if any) specially affected by the non-compliance have signed such Memorial, and not withdrawn his signature thereto, and such memorial have been duly deposited in the Private Bill Office.(') Where the petition is opposed by the deposit of a Memorial, and the agent opposing has entered his appear- ance as agent upon the appearance paper at the Private Bill Office, the examiner, after taking the formal statement of proofs from the promoters of the bill, or their agent, will hear the matters specifically complained of in the Memorial. Though the Standing Orders of both Houses make pro- vision permitting Examiners to receive proof by affidavit of compliance with Standing Orders, no such provision is made as to proof of non-compliance.( 2 ) If it is necessary to resort to compulsion to bring any particular witness or documents before the Examiner, it would seem that this must be done by an order of the House, and that in general such an order will be made when the Examiner reports to the House that such a course is necessary.( 3 ) If any preliminary objection exists to the right of the memorialists to be heard, as, for example, that the Memorial has not been signed duly, or the like, such objection should be taken before the memorialists or their agent commence their case. The preliminary points, if any, having been disposed of, the complaints specified in the Memorial will be dealt with seriatim, and finally the Examiner will decide whether he should certify that the Standing Orders have (*) S. 0. 74, post, p. 120 ; S 73, H L ; Rules as to proof of compliance, post, p. 321. ( 2 ) S. 0. 76, post, p. 120 ; S. 0. 77, H. L. ( :i ) May, 687 ; Wandle Water AVorks Bill, 1853, 108 C. J. 257 ; 121 ih. 114, 127. 14 PRIVATE BILL PROCEDURE. been complied with or not, or whether, instead of deciding that matter himself, he should make a special report to the House.( 1 ) If the Examiner decides that the Standing Orders have been complied with, he endorses the petition with his cer- tificate to that effect, and it is then returned to the Private Bill Office, from which the agent will obtain it, and arrange for its presentation to the House of Commons by a member, upon which being done the bill is ordered to be brought in ;( 2 ) whilst, if the bill is one to be first considered in the. House of Lords, the petition remains in the Private Bill Office, no petition to the House of Lords being necessary in the case of a " Local Bill " for which a petition has been presented to the Commons. ( 3 ) If he finds that the Standing Orders have not been complied with, he so endorses the petition, and reports the facts to the House and any special circumstances there may be.( 4 ). If he makes the special report above mentioned, instead of himself deciding definitely one way or the other, he reports the facts to the House and endorses the petition accordingly. ( 5 ) Where he decides that the Standing Orders have not been complied with, or makes a special report without coming to a definite decision himself, the report is referred to " The Select Committee on Standing Orders," who, after the petition has been presented to the Commons, consider whether the Bill, or any portion of it, should be proceeded with, and then report to the House the opinion they have arrived at, and whether the Standing Orders ought or ought not to be dispensed with.( G .) Where the Examiner has definitely found that any Standing Order has not been ('; S. 0. 71, 77, 78,po8t, p. 11«J— 121 ; S. O. 76, 78, II. L. -, 8.0. 195, 196, post, p. 156. O 8. O. 86, H. L. ( 4 ) S, 0. 71, port, p. 11 'J; S. O. 76, II. L. t 5 ) S. 0. 78, post, p. 121; S. O. 78, H. L. ('') S.O.91—95, post, p.123; 8. 0. 80— 85, H. L. ; S.0. 199, 200, post, p. 1571 INTRODUCTION INTO PARLIAMENT. 15 complied with, or has found definitely any matter of fact, the Select Committee will not question his finding. But where he has not decided whether the particular Standing Order, as to which question arose, was complied with or not, but has made a special report, they will themselves deal with the matter and report the result to the House of Commons, and that even in the case of bills originating in the Lords^ 1 ) There is a similar committee in the House of Lords to deal with the cases where the Examiner has not certified compliance with their Standing Orders. ( 2 ) Where the parties opposing the bill desire to contend before the Select Committee on Standing Orders of the Com- mons upon a Special Report referred to them that the facts therein stated show that the Standing Orders have been complied with, they must prepare a written or printed state- ment of their argument strictly confined to that question for the use of the committee, and deliver copies of it to the chairman and members of the committee, at their residences, twenty-four hours before the meeting of the committee.( 3 ) The promoters desiring to raise the opposite contention should prepare a similar statement of their argument, and similarly deliver it to the chairman and members. If the committee comes to the conclusion that there has not been a compliance with the Standing Orders, the further consideration of the case is adjourned in order to give time for the promoters and opponents to prepare and deliver similar statements upon the question of a dispensation with the Standing Orders being granted. ( 4 ) Upon these statements the committee may hear argu- ments, but they only hear one counsel on each side.( 5 ) The procedure before the Standing Orders Committee of (') S. 0. 92, 93, post, p. 123; nnd see Resolutions, post, p. 32+. ( 2 ) S. 0. 80—85, H. L. ( 3 ) Resolutions, post, p. 324. ( 4 ) Resolutions, 2>ost, p. 324. ( 5 ) Resolutions, ]wsf, p. 325. 1(J PRIVATE BILL PROCEDURE. the House ot" Lords is practically the same as that before the Select Committee on Standing Orders of the House of Commons, except that before the Lords' Committee the statements must in all opposed cases be printed.^) Upon questions of dispensation with Standing Orders, it is open to either side to present a petition to the House by depositing it with the Private Bill Office, and paying the required fees, in favour of or against a dispensation.^) Every such petition, when deposited, stands referred to the Committee on Standing Orders.( 3 ) Copies of such petitions must be delivered to the members of the committee and at the Committee Office.( 4 ) The petitions must set forth the grounds on which dispensation is prayed, and should contain in fact the statement of the case relied on, since, where there is a petition, no statement in addition to the case set forth in the petition is received.;/ 1 ) The decisions of the committee are, when arrived at, reported to the House in the form of a resolution, which is read. In the House of Commons, if the resolution is favourable to the bill, it is read a second time, agreed to, and the bill ordered to be brought in ; if it is unfavourable the report is ordered to lie on the table. In the House of Lords the practice is to agree with the resolution in either case. The shape of the resolution depends upon the way the matter has come before the committee. If it is upon a report (or certificate, as it is called in the House of Lords) of the Examiner that the Standing Orders have not been complied with, the resolution runs that the Standing Orders ought not to be dispensed with, or that they ought to be dispensed with and the parties be permitted to proceed with their bill either unconditionally or with some con- dition to be fulfilled by them. If there has been a special (») S. 0. 85, H. L. (■) &.0.2QQ,post,-p. 157; Resolutions, post, p. 325; Table6f'Fees,j>osf,p.290. -.O. 200, post, p. LOT. ( 4 ) Resolutions, post, p. 325. INTRODUCTION INTO PARLIAMENT. 17 report by the Examiner the resolution first states whether or not the Standing Orders have been complied with. Where the resolution is unfavourable to the bill and has been ordered to lie upon the table, it is still open to the pro- moters to procure a motion that the report be referred back to the committee for reconsideration, and this has occasion- ally been done. For instance, in the case of the Felixstowe Ipswich and Midlands Railway Bill the report of the Ex- aminer that the Standing Orders had not been complied with was referred to the Standing Orders Committee. They re- solved that the Standing Orders ought not to be dispensed with, and their report was ordered to lie upon the table^ 1 ) Subsequently it was moved that the report be referred back to the committee to inquire whether special circum- stances existed which rendered it just and expedient that the Standing Orders should be dispensed with.(-) In the debate upon this motion it was urged that great distress existed in Essex, owing to want of employment, which would be materially alleviated by the works proposed in the bill, and that fresh plans had been prepared, which could be substituted for those deposited which conflicted with the Standing Orders. ( 3 ) The motion was carried, and ultimately the committee resolved that the Standing Orders ought to be dispensed with, and the parties ought to be per- mitted to proceed with the bill, provided that proof was given before the Examiner that amended plans and sections had been deposited. This resolution was agreed to by the House, and leave was given to bring in the bill.( l ) It may be here stated that the sanction of the Chairman of Ways and Means is required to every notice of motion for dispensing with any Sessional or Standing Order of the House of Commons. O 141 C. J. 36, 52. ( 2 ) 141 C. J. 196. ( :i ) Pari. Deb., 3rd series, vol. 305, p. 722. ( 4 ) 141 C. J. 205. Ultimately the committee on the bill reported that the preamble was not proved. 3. 279. ( i* ) CHAPTER IV. Progress of Bill through the Commons, up to and including the Committee Stage. When a private bill has been ordered to be brought into the House of Commons, as above described, it must be pre- sented to the House by depositing it in the Private Bill Office ( J ) not later than one clear day after the presentation to the House of the petition for the bill, unless there has been a reference to the Standing Orders Committee, in which case the deposit must be not later than one clear day after the House has given leave to proceed.(^) It must be printed on paper of a size to be determined by the Speaker (at present it is folio), with a cover of parchment attached to it, upon which the title is to be written.^) The names of the members who are bringing in the bill (who must not be less than two nor more than six in number) should ap- pear on the back of it. If the clauses of the bill contain any charges in any way affecting the public revenue, such charges must be printed in italics.( '*) Printed copies of the bill are to be delivered to the Vote Office for the use of members.! 5 ) Winn everything is thus in order, one of the clerks of the Private Bill Office takes the bill from that office and lays it on the table of the House for the first reading, which is a matter of course. The bill is at the time of first reading ordered to be read a second time, and the next ( ! ; S. o. 196, post, p. 156. (<) S. 0. 202, post, p. 157. <- , 8. 0. 197, post, p. 156. O S. 0. 203, post, p. 157. - 0. 201, post, p. 157. PROGRESS OF BILL THROUGH THE COMMONS. 19 stage of the bill, except in the cases of company bills, bills brought from the Lords, or other bills specially directed by the Standing Orders to be referred to the Examiners after having been read a first time, is the second reading. The Standing Orders 62-68 and 72 specify the cases in which the bill has after the first reading to be brought before the Examiner, in order that he may see that the Standing Orders not already shewn to have been complied with have in fact been complied with. It will be seen that it is at this stage that he examines into the consents of share- holders or proprietors of companies where their consents are required^ 1 ) The second reading, where there is no reference needed to the Examiner, takes place not less than three clear days nor more than seven after the first reading. ( 2 ) Where there has to be a reference to the Examiner under Standing Orders 62-68 or 72 the second reading takes place not later than seven clear days after the Examiner or the Select Committee on Standing Orders, as the case may be, has reported on it.( 3 ) It is the duty of the clerks of the Private Bill Office between the first and second reading of all private bills to themselves examine whether they are in conformity with the rules and orders of the House. ( 4 ) The bill is in the custody of the clerks of the Private Bill Office until laid upon the table for the second reading.( 5 ) The agent for the bill must give three clear days' notice in writing to the clerks in the Private Bill Office of the day proposed for the second reading. He may not give such notice until the day after the order for the second reading.( 6 ) If there is no opposition the bill is read a second time on the day fixed, (i) S. 0, 62-68, post, pp. Ill- C 4 ) S. 0. 234, post, p. 163. 118 ; S. 0. 12,post, p. 119. ( 5 ) S. 0. 233, post, p. 163. (2) S. O. 204, post, p. 157. ( 6 ) S. 0. 235, post, p. 163. ( 3 ) S. 0. 204,^0*/, p. 157. 20 PRIVATE BILL PROCEDURE. but if it is then opposed the second reading is adjourned to the day on which the House next sits.( a ) The House does not profess to decide upon the second reading as to the truth or otherwise of the allegations of fact upon which a proposed bill is based, and in conceding a second reading to a private bill the House is regarded as merely giving its sanction to its general principle on the hypothesis that the committee to which it afterwards is re- ferred finds those allegations proved. It is usual, therefore? to allow a second reading, except where the bill enunciates some principle which the House is not prepared to affirm.( 2 ) A recent instance of the rejection by the House of a private bill upon the second reading is to be found in the case of the Petersham and Ham Lands and Footpaths Bill, 1896, where an amendment to the proposal for a second reading was carried to the effect that the House was not prepared to entertain a bill for the enclosure of metropoli- tan common lands.(' 5 ) Where the principle of the bill is one of novelty which appears to any considerable body of members objectionable a division is usually taken against the second reading, or some instruction is moved to modify the portion of the bill objected to. If the bill is read a second time it is, as a matter of course, ordered to be committed, and then stands referred to a committee. Where an instruction has been carried it stands so referred with the instruction to guide the committee.( 4 ) After the interval required by Standing Order 211 from the second reading the bill is taken before the committee.( 5 ) In the case of opposed bills important questions often arise at this stage as to the locus standi of parties desiring to oppose before the committee on the bill, those only being I 1 ) S. (>. 207, post,?. 158. ( 2 ) Pari. Deb., 4th series, vol. 37, p. 1053. ( :1 ) Pari. Deb., 4th series, vol. 38, p. 729, et seq. ( 4 ) See " Instructions," post, p. 32. 0. 211, post, p. 159. PROGRESS OF BILL THROUGH THE COMMONS. 21 allowed to be heard, in general, who have taken the proper steps for that purpose, and who have not been objected to upon the ground of having no such interest as entitles them to a locus standi, or who have, notwithstanding objection, established their locus standi.( l ) It is before the committee to which the bill is referred that the oppo- nents of the bill, if they have taken the proper steps and are persons entitled to be heard, have the opportunity of contesting the proposed legislation by submitting evidence and attacking that produced in favour of the bill. Whether the bill is opposed or unopposed it will have been examined by the chairman of the Committee of Ways and Means, for the purpose of calling the attention of the House or the chairman of the committee to which, as above stated, it is referred, to any point which may seem to him to require it ; and in order to enable him, with the assist- ance of the Speaker's counsel, to fulfil this duty, the agent for the bill is required, at an earlier stage, namely, the day after the Examiner of Petitions has endorsed the petition for the bill at the latest, and again two clear days before the committee meets, to lay copies of the bill before the chairman of the Committee of Ways and Means, and also before the Speaker's counsel. (-) Opposed bills are bills against which a petition has been presented, not later than ten clear days after the first read- ing, containing a prayer to be heard, and bills which the Chairman of Ways and Means has reported as proper, to be treated as opposed. ( 3 ) The composition of the com- mittees appointed to deal with opposed bills is prescribed by the Standing Orders,^ 4 ) as is also that for dealing with unopposed bills. ( 5 ) For the purpose of dealing with (') As to Locus Standi, see post, pp. 34 — 63. ( 2 ) S. 0. 80, 82, post, p. 121. C) S. 0. 107, pout, p. 126. ( 4 ) S. 0. 108, 110, 116, 117, post, pp. 126, 127. ( 5 ) S. O. 104, 109, 1 10, post, pp. 125, 126. 22 PRIVATE BILL PROCEDURE. railway and canal bills a committee called "The General Committee on Railway and Canal Bills " is appointed at the commencement of every Session by the Committee of Selection. Their principal functions are to appoint from among themselves the chairmen to preside over the com- mittees dealing with such bills, and to refer such bills when not opposed, if they think fit, to the Chairman of Ways and Means together with two other members not locally interested, or to him with one such member and a referee to be nominated by the Committee of Selection.(') The parties desirous of opposing the bill in committee must present a petition against it. This is done by de- positing it in the Private Bill Office not later, in general than ten clear days after the first reading, except in the case of bills to confirm a provisional order or certificate where the time is by the Standing Orders to be not later than seven clear days after the Examiner has given notice of the day on which such bill for confirmation will be examined. (-) The petition against the bill is not to be heard before the committee on the bill unless it has been prepared and signed in strict conformity with the Rules and Orders of the House and duly presented within the proper time,( :i ) and if any contest as to the locus standi of the petitioners is raised by the promoters before the Court of Referees, the body appointed to deal with objections to locus fftcmd/L,^) that body deals with the rights of the petitioners only which are stated on or sufficiently appear from the petition itself. ( s ) It is, therefore, of the utmost importance to see that the petition is in all respects in conformity with the requirements of the House. (') S. 0. 99, 101, 101, post, ]>. 125; see further S. ( >. 208, 208a, post, p. 158. 3.0. 107. 129,210, post,??. 120, 129, 159. See as to Provisional I irders, post, pp. 71 7''>. ( 3 ) S. 0. 128, 129, post, ]>. 129. (') S. o. HI, post, p. 123 ; and see as to Locus Standi, post, p. 34. (') See post, pp. 26, 4G. PROGRESS OF BILL THROUGH THE COMMONS. 23 There must be endorsed on the petition the name or short title of the bill, and a statement that the petition is against the bill, together with the name of the member, party, or agent thus depositing it.(') It may be with- drawn on a requisition to that effect being deposited in the Private Bill Office, signed by the petitioner or the agent who deposited it.( 2 ) If the promoters of the bill intend to object to the right of the petitioners to be heard against the bill, they must give notice of their intention and of the grounds of their objection to the clerk to the Referees and to the petitioner's agents not later than the eighth day after the day on which the petition was deposited in the Private Bill Office : this time may, however, be extended by the Referees. The notice must be endorsed with the name of the petitioner's agents.^ 3 ) Notice of objection may be withdrawn by giving notice of withdrawal to the same persons.^ 1 ) In the absence of such withdrawal the objection will be heard before the above-mentioned Court of Referees. When the bill is committed it is taken charge of by the committee clerk, and remains in his custody until re- ported.^) Provision is made by the Standing Orders for notice to be given of the first meeting of the committee, or of any postponement by the committee clerk to the clerks in the Private Bill Office,( 6 ) and for a hlled-up bill as pro- posed to be submitted to the committee, signed by the agent for the bill, to be deposited in the Private Bill Office two clear days before the meeting of the committee, and for copies of proposed amendments to be supplied to oppo- nents applying therefor.( 7 ) The agent for the bill must also C 1 ) S. 0. 205, post, p. 158. As to the contents of the petition see Locus Standi, post, p. 46, and for a form jjost, p. 265. (-) S. 0. 206, post, p. 158. ( a ) R. 1 of Rules for Referees, post, p. 326. ( 4 ) R. 3. ib. ( 5 ) S. (). 233, post, p. 163. (") See S. O. 126, 236, 238, post, pp. 128, 163, 161. ( 7 ) S. O. 237, post, p. 164. c 2 24 PRIVATE BILL PROCEDURE. lay signed copies of the bill as proposed to be submitted to the committee two clear days at least before the day ap- pointed for the hearing in committee before the Chairman of Ways and Means, and before the Speaker's Counsel^ 1 ) If a Referee is a member of the committee a similar cop}' must be similarly deposited at the Referee's Office.( 2 ) The reason for requiring the deposit of these copies would seem to be found in the fact that promoters not un- Erequently find it expedient to alter in some particular the clauses of the bill as originally deposited before placing it before the committee on the bill. It may, however, be notice* I that alterations cannot be permitted which go beyond, or are at variance with, the order giving leave to introduce the bill, or which contravene Standing Orders, or which are excessive in extent ( 3 ) The agents opposing the bill must, in order that their petitions in opposition may be heard before the committee, enter their appearances at the Private Bill Office,( 4 ) and those promoting must likewise enter similar appear- ances.^) Petitioners in favour of bills are not heard on their petitions, though where they have any evidence to give they may, of course, be called as witnesses by the promoters in whose charge the conduct of the case for the bill before the committee is.( 5 ) The petitioners against the bill supply the committee with printed copies of their petitions, and the promoters supply the committee with Bigned copies of the bill as proposed to be submitted to tlieiu.(' ; ) A list is prepared daily in the Private Bill Office of all private bills in the House of Commons upon which any committee is appointed to sit; specifying the room in ('; S. o. 82 ; see ante, p. 21. ( 2 ) Rules for Refi rees, No. 9, post, -p. 227. ('■) May. p. 723. (<) 8. 0. 120, post, p. !28; Regulations for Agents, No. 8, post, p. 329. ('; May, 731 ; >. 0. 20.' ; . post, p. 158. ( 6 ) 120 C. J. GO : S. O. 138, post, p. 132. PROGRESS OF BILL THROUGH THE COMMONS. 25 which and the hour at which it is to sit, and is hung up in the lobby of the House^ 1 ) The committee to which the bill is referred hear the petitioners by themselves, their agents or counsel, in accordance with the prayer of the petition, and also the promoters by their counsel. (-) Evidence is given before them viva voce, the witnesses being examined by the party producing them or their agents or counsel, and cross- examined by the opposite party or their counsel, and re- examined as in ordinary courts of justice. The petitioners are heard only upon the grounds of objection specified in their petition.( 3 ) The committee upon the hearing would seem, in strict- ness, not bound by the rules of evidence applicable to courts •of justice, but in general they will be guided by the principles of those rules in the conduct of the business before them, except perhaps where they consider that injustice might be done or needless expense caused by a too rigid application of those principles. In regard to the cross- examination of witnesses, counsel are, it would seem, allowed less latitude in putting questions which are irrelevant to the matters before the committee, and which are intended merely to discredit the particular witness, than in cases of trials in the law courts. The attendance of counsel being by permission rather than as of right, the committee would appear to have a greater power to check questions which may seem to them improper than is permitted to the courts of justice. All matters, whether arising in the course of the proceedings or upon the final decision or report, are determined by the vote of the majority of the committee, the chairman, in case of equality, having a second or casting vote.O The opposition to the bill may be either to the preamble or to the clauses of the bill, or to both. The second reading 0) S. 0. 248, post, p. 165. ( s ) S. 0. 128, -post, p. 129. (/-) S. 0. 210, post, p. 159. ( 4 ) S. 0. 125, post, p. 128. 26 PRIVATE HILL PROCEDURE. is supposed to have been assented to by the House upon the assumption that the preamble is true, and it is open to the opponents, if by their petition they have dis- tinctly raised that ground of objection^ 1 ) to contend, and to produce evidence to show, that the preamble is in fact untrue, and they may, even if they fail to induce the committee to find the preamble not proved, similarly attack such clauses of the bill as by their petition they have placed themselves in a position to attack. Whether the opposition is to the preamble or to the clauses, it cannot go beyond the petition, the petition is practically that which has to be tried by the committee^ 1 ) The conduct of the business before the committee is regulated as the committee may think most convenient, but the ordinary course is, for the counsel in support of the bill to explain the proposed measure, and then produce his evidence in its support, and for the counsel for the opponents afterwards to open their grounds of objection, and then bring forward their evidence, each side testing by cross-examination those of his opponent's witnesses whose evidence he desires to minimise or discredit, and for the counsel producing the witness to re-examine upon such cross-examination. Committees have on various occasions laid it down as their rule that no counsel not present during the examination of a witness should be permitted to cross-examine that witness. It is believed that it is not the usual practice of committees to enforce this rule, except where, from the lengthy nature of the evidence or from tie- complication of the matter dealt with, it appears expedient to do so : though, of course, it is within the power of any committee, at any time, to lay down and rigidly enforce the above, or any similar rule for their own procedure. Where the opposition is both to the preamble and to clauses, that to the preamble is naturally first dealt with. (') S. (). 128, post, p. \2<). PROGRESS OF BILL THROUGH THE COMMONS. 27 It would seem to be open to any member of the com- mittee to ask of the witnesses any question he ma,y think tit, or make any inquiry of the counsel engaged, but it is usual in practice for such questions or inquiries to be put or made through the chairman, or with his permission. The chairman, unless his ruling is challenged by some other member of the committee, decides as to whether evidence offered by the one side and objected to by the other should be received by the committee. If it is so challenged the committee, if the challenge is persisted in, have to vote upon the matter.(') When the committee have completed their inquiry it is the duty of their chairman in all cases, to report the bill to the House. ( 2 ) (') Sec S. 0. 125, post, p. 128. ( 2 ) S. 0. 149, post, p. 134. ( 28 ) CHAPTER V. Report -Third Reading Sending Bill to Lords. It would be beyond the scope of this work to discuss in detail the form of the report on the various matters with which it may deal, in accordance with the Standing Orders and the practice of the House. It is sufficient to say that the committee may report to the House that the preamble of the bill has not been proved, or they may report the bill without amendment, or they may report it with amendments, either in the preamble or the clauses, or in both. In the first case the result usually is that the bill i.s dropped, although instances exist of the bill having been re-committed, owing to the withdrawal of opposition, or the acceptance of amendments by the promoters. If the bill has passed through committee unamended, and is not a railway or a tramway bill, it is immediately ordered to be read a third time.(') One clear day's notice in writing must be given by the agent of the bill to the clerks in the Private Bill Office of the day proposed for the third leading, and the notice cannot be given until the day after the bill has been ordered to be read a third time.( ") Upon the third reading only verbal amendments can be made,( 3 ) and in addition the Chairman of Ways and Means must have informed the House or signified in writing to the Speaker whether the amendment ought (') S. 0. 213, post, p. 159. (*) S. 0. 243, post, p. 104. ( :t ) S. 0. 219, post, p. 160. PROGRESS OF BILL THROUGH THE COMMONS. 29 or ought not to be entertained by the House without being referred to the Committee on Standing Orders^ 1 ) One clear day's notice of any such amendment must be given in the Private Bill Office.(-) The agent must submit the amendment on the same day to the Chairman of Ways and Means and the Speaker's Counsel, and it must be printed, S. O. 2l7.( 3 ) After the third reading the bill is printed fair at the promoters' expense,( l ) and before it is sent to the Lords is examined by the clerks in the Private Bill Office with the bill as read a third time, and endorsed with a certificate of such examination. ( 5 ) If, however, the bill was amended in committee, or is a railway or tramway bill, instead of being immediately upon report ordered to be read a third time, it is ordered to lie upon the table, with a view to the bill being subse- quently considered.( (i ) Copies of the bill as amended in committee, printed at the expense of the promoters, must be delivered at the Vote Office for the use of members three clear days before the consideration of the bill.(') This print is examined by the clerks in the Private Bill Office with a print of the bill which the committee clerk delivers at the office after the report is made out-C) Three clear days must elapse between the report and the consideration of a bill, and before the consideration takes place the Chairman of Ways and Means must have announced whether the bill contains the provisions required by the Standing Orders.^') One clear day's notice must be given by the agent for the bill to the clerks in the Private Bill Office of the day proposed for the consideration of the bill.( lu ) Three clear days before the consideration takes (') S. 0. 216, post, p. 160. («) S. O. 213, poet, p. 159. (•') S. 0. 242, post, p. 164. ( ? ) S. 0. 21 4, post, p. 159. ( :t ) S. 0. 85, post, p. 122. ( 8 ) S. 0. 240, 241, post, p. 164. ( 4 ) S. 0. 221, post, p. 161. {'■>) S. O. 215, post,?. 159. ( 5 ) S. 0. 245, post, p. 165. ("») S. O. 239, post, p. 164. 30 PRIVATE BILL PROCEDURE. place, a copy of the bill must be laid by the agent before the Chairman of Ways and Means and the Speaker's Counsel, and other copies deposited as provided by Standing Order 84. The provisions as to clauses or amendments which it is desired to propose on the con- sideration of the bill are similar to those with regard to verbal amendments on the third reading above-men- tioned. (') When the consideration of the bill takes place, if no amendments or new clauses are offered, or if offered are not opposed, the bill is usually ordered to be read a third time : but instances have occurred where the bill in its passage through committee has been altered to such an extent that the House has ordered a reference to the examiners to inquire " whether the amendments involve any infraction of the Standing Orders."(") The formalities governing the third reading stage of bills not amended in committee -ipply also to bills amended in committee and to railway and tramway bills. The third reading affords to opponents a final oppor- tunity of asking the House to reject the bill, though at this stage they are met with the further difficulty that they have to make out such a case as to satisfy the House that it is right to sterilise the labours of the committee and reverse the conclusion come to on the second reading apparently by the House. A recent example of an un- successful attempt to do this will be found in the Cambridge Corporation Bill.( :i ) When a bill has been read a third time and passed, if it is a Commons' bill, it is sent up to the Lords by the clerk, and the concurrence of the Lords desired. If it is a Lords' bill, a message is sent to the Lords stating that the bill has been passed with, or without amendment, and if with amendments, desiring the 0) See S. 0. 216, 217, 242, post, pp. 160. 164. (■) May 787. (») Pari. Deh., 4th series, vol. 24, pp. .579, 750. PROGRESS OF BILL THROUGH THE COMMONS. 31 Lords' concurrence thereto. Similarly in the Lords after the third reading of a bill messages to the same effect are sent to the Commons. Where amendments have been made by the Lords in a Commons' bill, the day (or any subsequent day) after the bill has been returned from the Lords one clear day's notice must be given in the Private Bill Office that the amendments are to be taken into con- sideration, and the same notice given of any amendments it is intended to propose to such amendments, and a copy deposited at the same time.(') The agent for the bill must also lay a copy of the Lords' amendments and of the pro- posed amendments to them, if any, before the Chairman of Ways and Means and the Speaker's Counsel before two o'clock in the day before their consideration by the House. ( 2 ) Both sets of amendments must be printed and circulated in accordance with Standing Order 220. When the amendments by either House have been ultimately agreed to by the other, the bill is then ready to receive the Royal assent. (') 8. 0. 246, post, p. 165. (-) S. 0. 86, post, p. 122. ( 32 ) CHAPTER VI. Instructions. When a bill has been read a second time an instruction may be given by the House of Commons either to the Committee of Selection or to the committee on the bill. An instruction to the Committee of Selection may prescribe the particular committee by whom the bill is to be con- sidered, or the constitution of the committee, or the date at which it is to sit, or that the bill is to be considered in a group with certain other bills or other similar matters of procedure. Instructions to the committee on the bill are of two dis- tinct kinds : in the one case the committee are peremptorily directed to take a particular course — such instructions are tern km 1 mandatory — and in the other case the committee are simply empowered to inquire into and report upon (and sometimes to make provision in the bill for) matters, which, though relevant to the bill, they might otherwise not have considered. An example of a mandatory instruction is afforded by that moved, although not carried, in the case of the Glasgow Corporation and Police Bill, 1895, by which the committee were directed to leave out parts of the bill, on the ground that they contained provisions of a public character which ought not to appear in a private bill.(') A permissive instruction was given to the committee on the (') Pari. DeL., 4th series, vol. .'10, p. 1450. INSTRUCTIONS. 33 Birmingham Corporation Water Bill, 1892, "that they have power to inquire and report whether it is necessary to extinguish the rights of the commoners " over the district covered by the bill^ 1 ) Instructions, whether mandatory or permissive, must not go beyond the scope of the bill. For instance, on a bill enabling a town to take compulsory powers to acquire land for waterworks, an instruction proposing to extend the municipal franchise is, out of order,(-) although where there was no opposition to the principle of the instruction the rule has not been so rigidly applied. ( ;3 ) On the other hand, where, as in the Dublin Corporation Bill, 1 897, a bill alters the register by enabling persons to get on the register on different terms from before, an instruction to extend the franchise would not be out of order. ( 4 ) Another rule of some importance is, that an instruction may not seek to alter the general law in a particular case. Thus, in the London and North- Western Railway Bill an instruction to the committee to insert provisions compelling the company to run third-class carriages in its mail trains was ruled out of order. ( 5 ) A permissive instruction that a power should be con- ferred upon a committee which they already possess is out of order, as is also an instruction of the same kind which goes into matters of detail which are the proper subject of amendments in committee ; but neither of these rules apply to mandatory instructions^ 6 ) (») Pari. Deb., 4th series, vol. 2, p. 614. ( 2 ) Pari. Deb., 4th series, vol. 46, p. 1571 ; and for other instances, see Pari. Deb., 4th series, p. 625 ; ib. p. 1154. ( 3 ) Pari. Deb., 4th series, vol. 42, p. 1306. ( 4 ) Pari. Deb., 4th series, vol. 46, p. 151. ( 5 ) Pari. Deb., 4th series, vol. 39, p. 1707. ( 6 ) Pari. Deb., 3rd series, vol. 287, p. 875 ; ib., 4th series, vol. 46, p. 623 ; and see as to permissive instructions, Pari. Deb., 4th series, vol. 2, pp. 622, 626 ; Voluntary Schools Bill, 1897, Pari. Deb., 4th series, vol. 46, p. 1154. i 34 ) CHAPTER VII. Locus Standi, Inquiry before the Court of Referees as to Locus Standi. The Court of Referees was established to secure uniformity in the decisions upon locus standi, or the right to be heard in opposition to bills before Committees, and to relieve opponents of bills from the necessity of having to be pre- pared with their evidence for the committee, although it might, upon the hearing before committee, be rejected upon a preliminary objection that they had no locus standi to oppose. The committees on the bills no longer deal with ques- tions of locus standi, except so far as they may happen to arise incidentally in the course of the proceedings before tlH'llU 1 ) The Court of Referees now deals with the questions of locus standi in all cases of private bills before the the hearing takes place by the committee on the bill. It is governed by the Standing Orders, the rules framed for their guidance by the Chairman of Ways and Means, and the practice of Parliament^ 2 ) The duty of the Court of Referees is limited to deciding upon questions as to the locus standi of opponents of private bills to be heard by the committees thereon upon their petitions against such bills.(' 5 ) S. 0. 89, post, p. 123. S. 0. 87 89 ; Rules for Ri fi rees, post, pp. 32G, 327; S. 0. 128— i;io, ; | . L29 - 131. 3.0. 89, post, p. 123. LOCUS STANDI. 35 The rules framed as above stated require promoters objecting to the locus standi of petitioners to give notice of their intention to object, and of the grounds of their objection, to the clerks of the Referees and to the agents for the petitioners not later than the eighth day after the day on which the petition has been deposited in the Private Bill Office ; but the referees have power, under special circumstances, to allow such notices to be given, although the time thus limited may have expired.^) The notices must be endorsed with the names of the agents for the petitioners^ 1 ) The petition must be deposited not later than ten days after the first reading of the bill, and must distinctly specify the grounds of objection.( 2 ) A list of the cases and of the order in which they will be heard by the Court of Referees is kept in the Referees' Office.( 3 ) When the bill is called on before the court, the agent supporting the petition against the bill must produce a certificate of appearance from the Private Bill Office, in which the names of the petitioners, their counsel and agents, are stated.( 4 ) In the absence of a special authorisation by the court, one counsel only may appear on each side.( 5 ) The court has, by statute, power to examine witnesses upon oath( 6 ), it has in cases as to locus standi no power to award costs. The right of an opponent who has duly petitioned against a bill to be heard before the committee on the bill C) Rule 1 of Rules for Referees, post, p. 326 ; see for a form of notice of objection, post, p. 283. C 2 ) See ante, p. 22 ; and S. 0. 107, 128, i29, 210, post, pp. 126, 129, 159. ( :i ) Rule 4 of Rules for Referees, post, p. 326. ( 4 ) Rule .5 of Rules for Referees, post, p. 326. ( 5 ) S. 0. 88, post, p. 123. («) 30 and 31 Vict. c. 136, ss. 1, 2. 30 PRIVATE BILL PROCEDURE. upon his petition depends, it' his Incus standi is objected to, upon whether he has, in the opinion of the Court of Referees, shewn such an interest in opposing the bill, or Bome portion of it, as is, by the practice of the court, defined a sufficient interest to give him a locus standi to oppose, or upon whether he can bring his case within one of those Standing Orders which in certain specified cases give an absolute right to oppose, and in certain other specified cases a right dependent upon the discretion of the Court. There are certain interests which are alwaj^s considered sufficient to give a loc>JL8 standi, as, for example, the inteiest of a landowner, part of whose land it is proposed by the bill to take compulsorily. There is no Standing Order giving to landowners this right in express terms, but it is, and has long been, the settled practice of Parliament to give a locus standi in such cases. There are other cases, which will be hereafter specified, where a torus standi is given expressly by various Standing Orders, or where power is given by them to the Referees to allow a locus standi, if in their discretion they think fit to do so. The practice of the court, in cases where the matter is not expressly dealt with by Standing Orders, is to a con- siderable extent settled by a long series of reported deci- sions : and it Will be found that the question to be con- sidered in those cases usually is, whether the facts of the particular ease bring it more properly within the principle of one, or other, of the reported decisions. The right to a locus standi is founded on the existence of some power in the bill which would affect the petitioner (see Southampton Docks Bill, 1871, 2 C. & S. 161). It is not because petitioners have, or think they have, a grievance under existing legislation that they are to be heard, for the foundation of all locus standi is, that the future legislation proposed by the bill in some way affects the interests of the parties claiming a locus standi LOCUS STANDI. 37 injuriously (Gloucester and Berkeley Canal Bill, 1874, 1 C. & R. 76, 77), or, to adopt the expression made use of by one of the Referees (Mr. Rickards), there must be something in the bill which tends to injure the petitioners (South Staffordshire Water Bill, 1875, 1 C. & R. 187, 189). A landowner is not, as a matter of course, allowed a locus standi in relation to bills which are merely for the exten- sion of time for the completion of works authorised by a previous bill, or for th^ abandonment of a scheme, or part of a scheme, sanctioned by a previous bill ; such bills are regarded differently from bills authorising the compulsory taking of an owner's land. Owners, lessees, and occupiers of land which is proposed to be compulsorily taken by a bill are, by the practice of Parliament, entitled to a locus standi against the whole of the bill, and are not restricted to those portions which relate to the taking of their property (London and North Western Railway Bill, 1868, 1 C. & S. 62 ; Bute Docks Bill, 1890, R. & S. 14, 15 ; Cork and Fer.noy Railway Bill, 1890, R. & S. 19, 20; Great Western Railway Bill, 1891, R. & S. 117, 120; Cardiff Corporation Bill, 1894, R. & S. 328, 330). Thus, in the case first cited of London and North Western Railway Bill, 1868, 1 C. & S, 62, a case commonly known as the " post " case, when the counsel for the pro- moters asked, " Am I to understand that your decision goes to this extent : if a landowner has a post in a field at Preston and we take it, that he can be heard against all parts of an omnibus bill, one of which may be for stopping up a footway at Willesden ? " — the chairman, Mr. Dodson, M.P., replied, " If he is a landowner, we have no power to limit him," and one of the Referees (Mr. Rickards) added, " The landowner's post is his castle, and it admits to the whole extent of his petition and no further." This case is usually regarded as the leading case upon the rights of landowners to be heard upon all parts of a D 38 PRIVATE BILL PROCEDURE. bill which proposes to take lands of theirs. These rights are subject, of course, to the petition being so framed as to shew the extent of the intended opposition, for the oppo- sition may not travel out of the petition (Thames Deep Water Docks Bill, 1882, 3 C. & R. 233). The case of the Rhymney Railway Bill, 1890, R. & S., 64, ()7, affords an illustration of the extent of the right of general opposition permitted to landowners. The bill was one for the construction of certain separate short lines of railway, one of which crossed a small plot of land belonging to the petitioner; it was held that the petitioner was, as owner, entitled to a general locus standi against the whole bill. This right of general opposition by landowners whose land it is proposed to take extends to lessees of all kinds, and even to tenants at will liable to be ejected upon a month's or other similar notice (Caledonian Railway Bill, 1870, 2 C & S. 37). A railway company whose land it is proposed by a bill to take compulsorily has the same right in regard to locus standi as a private owner of land (London and North Western Railway Bill, 1868, 1 C. & S. 62, known as "the post case ;" Caledonian Railway Bill, 1872, 2 C. & S. 256 ; Ryde a.nd Newport Railway Bill, 1872, 2 C. & S. 297, 298 ; London and Eastbourne Railway Bill, 1883, 3 C. & R. 301, 302). An owner of minerals proposed to be taken compulsorily is an owner within the above rule (Great Western Raihvay Bill , 1876, 1 C. & R. 221). A commoner having rights of common is regarded as an owner. The general locus standi allowed to owners is given, not only to the freeholder, but to any person having a vested interest in the land proposed to be taken | ( fordiff Corporation Bill, 1894, R. & 8.328, 329). Upon the petition of the magistrates, &c, of the Burgh of Xewton-upon-Ayr, it was held that a right in the peti- fcioners to take gravel from fore-shore proposed by the bill to be taken compulsorily entitled them to a locus standi LOCUS STANDI. 39 to oppose the bill {Glasgow and South Western Railway Bill, 1895, 1 S. & A. 15). An owner of the subsoil of a public street is an owner within the above rule. Thus, where by a bill it was pro- posed to make a railway in a tunnel under certain streets in Glasgow, which by the Glasgow Police Act, 1866, were vested in the corporation, the owners of the subsoil were allowed a locus as owners against the bill, and were not limited to those portions of it specially affecting their rights to the subsoil (Glasgow City and District Railway Bill, 1882, 3 C. & R. 156). Wherever the property of an owner or occupier is interfered with by the bill, the general rule is that he is entitled to oppose, and this applies to cases of substantial interference with rights of light, and even to such rights as those of a Telephone Company who have by the consent of the owners of lands or buildings place I their wires upon such lands or buildings (Edinburgh Improvement Bill, 1893, R. &. S. 259, 261; South Eastern Bailway Bill, 1876, 1 C. & R. 258; Midland Railway Bill, 1890, R. & S. 213, 214). It must, however, be noted, that a mere inju- rious affection of land, where the land itself is not inter- fered with, and where the easements, such as the right to light, are not injured, does not in general give a right to ■ oppose. Thus, nuisance from trains passing near the land of an owner, none of whose land is taken, or the loss of mere amenity, such as loss of view, gives no right to a locus standi (London and North Western Railivay Bill, . 1889, R. & M. 263 ; Crystal Palace, <&c, Railway Bill, 1869, 1 C. & S. 45; Metropolitan District Railway Bilk 1881, 3 C. & R. 86). No right to a locus standi is given by the fact that the proposed works would depreciate the value of an owner's land (West Highland Railway Bill, 1889, R. & M. 309, 314). Temporary occupation of lands by promoters for the purposes of their undertaking, under a bill incorporating D 2 40 PRIVATE WLL PROCEDURE. the Railways Clauses Acts which give compensation for such occupation, does not afford to the landowner a ground for a locus standi (Dundee Harbour Bill, 1869, 1 C. & S. 45, 46). It is the general rule applicable to all classes of cases before the Referees, that it is no answer to a petition to say that the clause or portion of the bill objected to will be struck out, and a landowner cannot be deprived of his general locus standi by the promoter undertaking to strike out of the bill the clauses affecting such landowner (Neath and Krecon Railway Bill, 1867. 1 C. & S. 109; Great Eastern Railway Bill, 1895, 1 S. & A. 19). In the case of an extension of time bill, the original bill has become an Act of Parliament, the propriety of the compulsory taking of the land has become res judicata, and the landowner, if he has received notice to treat in regard to his land or has agreed to sell it, has become a creditor of the company having a lien on the land until receipt of the purchase money, and is no longer to be regarded, for the purpose of locus standi, as an owner ( Uxbridge and, Rich- mansuoorih Railway Bill, 1886, R. & M. 133; St. Helens District and Tramways Bill, 1881, 3 C. & R. 94 ; London Riverside Fish Market Bill, 1885, R. & M. 43). It would seem correct to say that upon a mere extension of time bill a locus standi is only given where there are special grounds si i own, and that neither owners whose land has been taken or who have had notice to treat, nor persons who. from proximity or otherwise, are affected by the pro- 1 scheme are entitled to oppose where the bill is a mere extension of time bill and there are no special circum- stances (Brymo Watci Bill, 1896, 1 S. & A. 1,3; City and Smith Lov ton R.ii/i'-aij Hill , 1896, 1 S. & A. 71 ; London Riverside Fish Market Bill, 1885, R. & M. 43; St. Helens and District Tramways Bill, 1881, 3 C. & R. 94). Abandonment Bills are, in regard to locus standi, treated upon similar lines with Extension of Time Bills. The LOCUS STANDI. 41 mere loss of the advantages that a landowner or other person would have derived if the purposes of the original Act had been carried through does not suffice to give a right to a locus standi (Mankester, Sheffield and Linoln- shire Railway Bill, 1881, 3 C, & R 78 ; Great Northern Railway Bill, 1884, 3 C. and R. 39!)). An instance of what has been considered as a special circumstance sufficient to entitle a landowner to a locus standi against a bill for extension of time is afforded by the Brymo Water Bill, 1896, 1 S. & A. 1, 5. In that case the landowner petitioning had agreed to certain terms of compensation on the footing of the works being com- pleted within the time originally fixed, and it was not clear that under the bill he could claim any additional compensation for injury caused by the extension of time. In another case, where by a previous Act the promoters had power to make a weir across the Clyde and to main- tain it until the completion of their waterworks, and they proposed by the bill, inter aha, to extend the time for com- pletion of their waterworks and for the removal of the weir a locus standi was allowed to owners and occupiers of wharves, &c, on the banks above the weir, who alleged that the weir was a nuisance and an obstruction to the navigation and detrimental to their interests as such owners and occupiers, whilst at the same time a locus standi was not allowed to owners of factories to be sup- plied with water under the Act, because to these latter it was a mere extension of time bill (Glasgow Corporation. Water Bill, 1873, 1 C. & R. 24, 25). Upon an Abandonment Bill a landowner has been given a locus standi whose land had been taken and paid for under the powers of the Act where the Abandonment Bill contained a clause permitting the sale of such land without giving the landowner a right of pre-emption similar to that given on the sale by a railway company of its superfluous land (West Lancashire Railway Bill, 1879, 2 C. & R. 231. 42 PRIVATE BILL PROCEDURE. Whilst on a bill to sanction the abandonment of a proposed line of railway the locus standi of an owner, some of whose land had been taken and paid for under the Act, was dis- allowed, although he complained that the leaving the land taken with partly finished works upon it would be an injury to the rest of his estate, the principle being, that the company, having bought and paid for the land taken, were, in the absence of special agreement with the landowner, under no legal liability to him to complete their works (London, Brighton, and South Coast Railway Bill, 1868, 1 C. & S. 18). Where there has been a special agreement with the landowner he will be allowed a locus standi to oppose so far as may be necessary for the purpose of saving any legal rights he is entitled to under such agreement (Great Northern Railway BUI, 1884, 3 C. & R. 399). Landowners whose land may be thereafter taken under an Act, and who have neither received notice to treat nor been settled with, have in many instances been allowed a locus standi to oppose bills for extension of time for compulsory purchase (Nort h Metropolitan Railway Bill, 1870, 2 C. &S. 24 ; Pontypridd, etc., Railway Bill, 1885, R. & M. 59 ; South Eastern Railway Bill, 1885, K. & M. 67 ; East and West Yorkshire Railway Bill, 1886, R. & M. 98 ; Drayton Junc- tion Railway Bill, 1867, 1 C. & S. 28). It would seem that the practice is to give them a general locus standi limited only by their petition (see East and West York-. shirr Railway Bill, supra ; Great Western Railway Bill, 1891, R. & S. 117). Where proximity to works proposed by a bill is not in itself a ground for obtaining a locus standi, an owner or occupier of land in such proximity, none of whose land is proposed to be compulsorily taken, if he is given a locus standi, is given only a limited, locus standi, as opposed to the general locus standi to which one whose land is pro- posed to be taken compulsorily would be entitled. It is LOCUS STANDI. 43 limited, in general, to such portion of the bill (if any) as affects some special interest of his which appears entitled to be protected. Diminution in value, for instance, that will be caused to an estate, none of which is taken, by the making of a railway near it, gives no right of Locus standi to the owner or occupier (see ante, p. 39), but the obstruction or partial destruction of a right of access to business or other premises, where it is a serious and substantial injury to the premises, has been considered a sufficient ground for allow- ing a locus standi to the owners and occupiers of such premises against the portion of the bill relating thereto (Lancashire and Yorkshire Railway hill, 1870, 1 C. & R. 235; London and North- Western Railway Bill, 1878, 2 C. & R. 119; Hull, Barnsley and West Riding Junction Railway Bill, 1880, 2 C. & R. 249 ; Greenwich Dock and Railway Bill, 1881, 3 C. & R. 60 ; Lancashire and York- shire Railway Bill, 1881, 3 C. & R. 70; Manchester, Sheffield and Lincolnshire Railway Bill, 1892, R. & S. 212). It is in these cases a question of degree, and if the injury is but slight, as, for instance, where one road only, out of several, to a school, was proposed to be interfered with by the bill, the locus standi was not allowed (London, Tilbury and Southend Railway Bill, 1882, 3 C. & R. 185, Liverpool Corporation Bill, 1886, R. & M. 112). The injury in these cases must also be special, that is to say, it must be one affecting the interests of the peti- tioner in some way other and beyond the inconvenience which the public in general will suffer (Stockton Carrs Raihvay Bill, 1884, 3 C. & R. 466). Thus the locus standi of occupiers of a manufactory was disallowed where the obstruction would merely compel their work- men, like the rest of the public, to go by a longer route (ib.). Trustees or owners of public hospitals in close proximity to proposed railways have been disallowed a 44 PRIVATE BILL PROCEDURE. locus standi where they sought it upon the ground that the working of the railways would seriously diminish the utility of the hospital and injure the patients (North British Rail way Bill, 1877, 2 C. & R. 54; London and North-WesU m Railway Bill, 1889, R. &. W. 268). In the Latter rase, however, the Metropolitan Asylums District Board, the petitioners, obtained a locus standi in the House of Lords, and secured a clause containing pro- visions for their protection. In another case, where it was proposed to take certain land in a street in order to make therein shafts to ventilate an underground railway which had been constructed under statutory powers, a locus standi was conceded to the road authority, but not to the owners or trustees of public baths, and washhouses in the street who petitioned against the bill, alleging that the steam and smoke coming through the shafts would seriously affect their premises, and create a probable nuisance. The Court upon the hearing disallowed the locus standi of the owners or trustees, holding that they would suffer no special injury not shared by the general public (Metropolitan District Railway Bill, 1881, 3 C. & R. 86). The owner or occupier of a well or stream has, if it is proposed to take it compulsorily, a landowner's right to an unlimited locus standi, but it is no ground for a locus standi that the effect of works proposed will be to with- draw, from a well or stream, underground water not in a defined channel, which would otherwise find its way to such well or stream by percolation (Birkenhead Improve- ment Commissioners Bill, 1807, 1 C. & S. 11; Southport Water Bill, L867, 1 C. & S. 13; Tilbury and Gravesend Tunnel Railway Bill, L882, 3 G & R. 239; Cambridge Water Bill, 1880, It. & M. 95, 98; Ince Water Bill, 1871, 2 C. & S. 199). In underground water running in a defined channel there is the same right as in surface streams, and the pre- LOCUS STANDI. 45 venting the flow of such water coming to a proprietor entitled to have such flow may give him a locus standi (Chasemore v. Richards, 7 H. L. C. 349 ; Cambridge Water Bill, supra). It is sufficient for the person entitled to allege in his petition that he is so entitled, and to give upon the hearing, if it is contested, prima facie evidence of his title, and of the fact that the water runs in a defined channel under- ground (London and Soudt- Western Spring Water Bill, 1882, 3 C. & R. 179 ; Croydon Corporation Bill, 1884, 3 C. & R. 385 ; West Gloucestershire Water Bill, 1884, 3 C. & R. 477). The important questions of locus standi which arise where it is sought to take water for the benefit of one district from an area claimed by the authorities or inhabi- tants of another district as the natural proper gathering ground for their supply, depend to a considerable extent upon the provisions of the Standing Orders which are treated of hereafter. Bills for the extension of municipal boundaries, or the boundaries of counties, or local government districts, may be opposed by any owner of land proposed to be included who will be injured by new or increased rates or charges that may be imposed upon his land in consequence of its inclusion within the proposed area (Sunderland, Corpora- tion Bill, 1885, R. & M. 73, 76, 78 ; Edinburgh Extension Bill, 1896, 1 S. & A. 78). So, too, an individual owner of land whose property would by the proposed bill be made liable to fresh sanitary regulations and additional burdens has a locus standi to oppose upon all portions of the bill to which the grounds of his complaint, as embodied in his petition, relate (Hove Improvement Bill, 1 873, 1 C. & R. 30 ; Edinburgh Municipal and Police Bill, 1878, 2 C. & R. 149). Jt has been said that an owner whose land may be depreciated by new rates holds the same position as one 46 PRIVATE BILL PKOCED-LKIf. whose land is taken, but his locus standi has in some cases been limited to that portion of the bill which deals with or imposes the new burden (Walsall Gas Bill, 1876, 1 C. & R 27:5 ; Belfast Improvement Bill, 1878, 2 C. & R. 67: Sunderland Corporation Bill, 1885, R.&M. 73, 76,78). Where a bill deprives an owner of a substantial legal right, the general rule is, that he should be given a locus standi, though it may be limited to that part of the bill which affects him, if none of his land is taken compulsorily. Thus, where by a bill it was proposed to stop up a public footpath which gave convenient access to neighbouring villages from the petitioner's land, which but for the bill could not be stopped up without an order of Quarter Sessions, the making of which the petitioners could have opposed, it was held that the petitioner was entitled to a locus standi (Bristol United Gas Bill, 1877, 2 C. & R. 2). Where a landowner had sold oft* a portion of a building estate, subjecting it to certain restrictive covenants as to the houses to be built, &c, for the mutual benefit of the various purchasers, and for the benefit of the estate as a building estate, and a railway company proposed by a bill to take the land thus sold oft' and use it for stations, cottages, and railway purposes not in conformity with the covenants, it was held that the landowner, though he had sold off the land intended to be taken, was entitled to a locus standi to object to the proposal (London and South Western Railway Bill, 18^2, 3 C. & R. 175). The petition against the bill or against certain clauses of it is treated as the formal complaint against it. It must set forth the title of the petitioner to complain and the grounds of his complaint distinctly (see S. O. 128, post, p. 120). Where the petitioner claims a locus standi as owner or occupier, the petition must state specifically or show clearly that he is owner or occupier of the property to be interfered with (Thames Deep Water Dock Raihuay Bill, 1882, 3 C. & R. 23:-!). LOCUS STANDI. 47 If the promoters intend to dispute an allegation in a petition, as, for instance, an allegation that the petitioner is owner of land proposed to be taken, they must in their objections specifically deny the allegation (Fumess Railway Bill, 1876, 1 C. & R. 217). If the promoters desire to deny the title alleged, they must deny it specifically in their objections, and then the petitioner will have to give before the Referees prima facie evidence of it. It is not necessary that title deeds should be produced or that strict legal proof of title should be given. Where title is thus denied the court does not try title, but merely requires to know with some degree of precision the real nature of the interest of the party who claims a locus standi {Ely and Glydach Valley Railway Bill, 1873, 1 C. & R. 18 ; Glasgow Street Improvement Bill, 1875, 1 C. & R. 158, 159 ; Belfast Improvement Bill, 1878, 2 C. & R. 69, 70 ; Hundred of Hoo Railway Bill, 1 880, 2 C. & R. 258). The practice is the same as to all material allegations in petitions ( Wool- wich and Plwmstead Tramways Order Bill, 1880, 2 C. & R. 321, 323). A frequent ground of opposition is that of " competi- tion." By S. O. 130 the Referees, if they think fit, may allow a locus standi upon this ground. Although it is in each case matter for the discretion of the Referees, the general principles upon which cases of this class are dealt with have become to a considerable extent fixed by the decisions which have been given. Thus, a locus standi is not given upon the ground of competition where the competition anticipated is merely an improvement of competition already created by existing legislation (Northwich Local Board Water Bill, 1885, R. & M. 57 ; Mersey Railway Bill, 1886, R. & M. 118 ; Manchester, Sheffield and Lincolnshire Raikuay Company (Steamboats) Bill, 1889, R. &M. 270, 275 ; East Stonehouse Water Bill, 1893, R. & S. 246). But it may be given where it is competition of a new character. For instance, 48 PRIVATE BILL PROCEDURE. where there has been competition merely in goods traffic or local passenger traffic, a locus standi might be allowed against a bill which would create competition in through passenger traffic (Bedford and Peterborough Railway Bill, 1886, R. & M. ST). A locus standi on the ground of competition has, amongst other cases, been allowed in the following : — (1.) To steamboat proprietors against railway com- panies apptying for special powders to own and work steamboats (Clyde, dr., Railway Bill, 1889, R. & M. 143, 144; Cambrian Railway Bill, 1889, R. & .M. 243 ; Glasgow Railway Bill, 1891, R. & S. 115). (2.) To omnibus companies or proprietors against Tramway Bills (Woolwich, and Pluou.stcad Tram- way* Order Bill, 1880, 2 C. & R, 321, 322). (3 ) To owners of ferries against bills for erecting bridges which would interfere with the ferries (Cork and Fermoy Railway Bill, 1890, R. & S., 23). (4.) To gas companies against bills promoted by muni- cipal corporations for electric lighting, and against new gas companies seeking to place mains in and supply gas to their districts (Hall Lighting Bill, 1880, 2 C. to R. 251 ; Westgate, Ac, Gas Bill, 1879, 2 C. & R. 229). (5.) To owners of slaughter houses against a bill by a municipal corporation to erect a slaughter house. id.) To water companies against a bill for supplying sea water within their districts for watering the streets and tor other purposes (London Sea Water Supply BUI, 1881, 3 C. & R. 75). (7.) To a steam tramway against a railway (see Sutton and Willoughby Railway Bill, 1N84, 3 C. & R. 471). (8.) To an ordinary railway company against a light railway (Elham Valley Light Railway Bill, 1880. 2 C. & R. 240). LOCUS STANDI. 49 (9) To canal companies against railway companies Stourbridge Railway Bill, 1885, R. & M. 72). It has been refused in the following cases : — - (1.) To railway companies against street tramways (see London Street Tramways Bill, 1870, 2 C. & S. tt5 ; Tramways Orders Confirmation (London Street Tramways) Bill 1871, 2 C. & S. 199 ; Glas- gow Tramways Bill, 1872, 2 C. & S. 282 : Wool- \vich and Plums'ead Orders Hill, 1880, 2 C. &. R.. 321) (2.) To the owners of a hotel against a bill by a rail- way company containing powers to enable the com- pany to build and maintain a hotel in proximity to that of the petitioners (Caledonian Railway Bill, 1881, 3 C. & R. 23, 25). (3.) To carriage and engine builders against a bill by a railway company to enable them to make their own carriages and engines {North, British Rail- way Bill, 1877, 2 C. & R. 50). (4.) To manufacturers of gas and water fittings against bills by gas or water companies to enable them to supply fittings (Bolton Improvement Bill, 1882, 3 C. & R. 131). (5.) Cab proprietors against tramways ( Woolwich and Plum-stead Tramways Orders Bill, 1880, 2 C. & R. 321). A locus standi is given, on the ground of competition, only where there appears to be a substantial competition, and in cases of this class the question is generally one as to the amount of competition (Swindon, Marlborough and Andover Railway Bill, 1883, 3 C. & R. 348). The locus standi, if allowed, is not necessarily allowed against the whole bill, but may be limited to so much of the preamble and clauses as relates to the competition (see Swindon, Marlborough, Sc, Bill, supra; Great Eastern Railway Bill, 1872, 2 C. & S. 231). 50 PHIVATE BILL PROCEDURE. Where competition is relied on, the petition must allege the fact of competition, or else it must contain statements from which it is clearly to be inferred that the petitioner relies on competition, and must in the same way by distinct averment or necessary implication show that the interests of the petitioner are injuriously affected by the competi- tion (see King's Cross Subway Bill, 1885, R. & M. 32; Worcester and Broom Railway Bill, 1889, R. & M. 315, 31 (i ; Harroiv, &c, Railway Bill, 1887, R. & M. 159). S. O. 131, 132 (post, pp. 129, 130) deal with the cases in which shareholders in incorporated companies are to be allowed a locus standi against bills promoted by the com- panies in which they hold shares, and are not to be dis- allowed a locus standi by the application of the general principle that corporations are bound by the action of their corporation and should not be heard against the corporate seal, a principle which practically means that the minority are bound by the action of the majority. By S. O. 131 shareholders are not be heard against bills promoted by their companies unless their interests as affected are distinct from the general interests of the company, and by S. 0. 132 any shareholders who have dissented at a meeting of the company (called as required by S. O. 62-66) are to be per- mitted to be heard. Reading these two orders together, the result would seem to be, that shareholders whose interests affected are distinct from the general interests of the company, and who Ij iv dissented at a meeting as required, have an absolute right, if their petition is in proper form, to be heard upon so much of the bill as affects such interests of theirs (see Liverpool Tramway Hill, 1880, 2 C. & R., 273), that share- holders whose interests are thus distinct may, if the court thinks fit, be allowed a l<> us standi even if they have not dissented as required (sec Mi/ford Docks Bill, 1884, 3 C. & it. 446), that shareholders whose interests are not thus dis- tinct, but who have dissented at a meeting as required, are LOCUS STANDI. 51 probably entitled to a locus just as much as if their interests had been distinct from the general interests of their com- panies (see Liverpool Tramway Bill, 1880, 2 C. & R. 273, 275 ; Electric Lighting Orders Bill, 1890, R. & S. 26, 27, 28). S. O. 131 expresses the general rule that a dissentient shareholder is not to be heard unless he has a distinct interest, and the S. O. 132 makes an exception in the case of companies within S. O. 62 and the Standing Orders im- mediately following (Electric Lighting Orders Bill, 1890, R. &S. 26, 27). By S. 0. 133 (post, p. 130) where a railway bill contains provisions for taking or using any part of the lands, &c, of another company, or for running upon or across the same, or for other facilities such company is to be heard upon their petition against such provisions or against the pre- amble and clauses of the bill. This Standing Order would seem to permit the court in the cases within it to exercise its discretion as to whether the locus standi should be unlimited, or whether it should be limited to the provisions of the bill which fall within the words of the Order (East and West Yorkshire Bail- ways Bill, 1882, 3 C. & R. 142 ; Bridgewater Bailway Bill, 1886, R. & M. 89 ; Great Western Baikuay Bill, 1889, R. & M. 252; Forfar and Brechin Bailway Bill, 1891, R. & S. 108, 110). Where, by a railway bill, running powers or other similar facilities, or a right to cross over its lines are to be acquired compulsorily against another railway company, and there is no compulsory acquisition of the land of that other com- pany, it would seem that in general the locus standi allowed will be a limited one (Botherham, d-c, Bailway Bill, 1891, R. & S. 152 ; Forfar and Brechin Liailway Bill, supra), but if land is to be permanently taken the company will, if its petition claims a locus standi as owner be granted an un- limited locus as landowner (see ante, p. 36 ; and Devon 52 PRIVATE BILL PROCEDURE. and Cornwall Railway Bill, 1882,3 C. & R., 136 ; Bridge- water Railway Bill, L886, K. & M. 8.4). By S. O. 133a (post, p. 130) passed in 1883, the Referees, if they think tit, may allow a locus standi against the bill to Chambers of Commerce or Agriculture, or other similar body, sufficiently representing any trade or business in any district to which the bill relates, if in the petition it is alleged that such trade or business will be injuriously affected by the rates and fares proposed to be authorised by the bill, or is so affected by rates and fares already authorised by Acts relating to the railway undertaking, or against any portion of the bill, or against the rates and fares authorised by such Acts, or any of them, subject to the proviso that the Referees are not by this Order authorised to entertain any question within the jurisdiction of the Railway Commissioners. This order appears to be intended to give protection in cases where, by the bill, rates and fares will be enforceable which will injuriously affect any trade or business in the district, and to require an allegation to that effect in the petition (see Metropolitan District Railway Bill, 1895, 1 S. & A. 123: Wrexham Railway Bill, 1888, R. & M. 231 : Great Western and Cornwall Railways Bill, 1889, R. & M. 255, 258). S. 0. 133 B. (post, p. 130), passed in 1895, gives a further power of allowing a locus standi to Chambers of Commerce, &c, extending the right to bills injuriously affecting agriculture, trade, mining, or commerce in the district, but, following the previous Order, the body peti- tioning must sufficiently represent the agriculture, trade, mining, or commerce of the district, and there must be an allegation in the petition that such agriculture, trade, mining or commerce, will be injuriously affected by the provisions in the bill. In 1889 the Chamber of Commerce of Hull, composed of shipowners of Hull and the neighbouring port of Goole, LOCUS STANDI. 53 instituted to look after the shipping trade and commercial interests of Hull, were admitted to oppose a bill to empower a railway company to own and run steamboats between Grimsby and a number of ports in Sweden, Norway and the Baltic, to which the shipowners traded largely (Manchester, Sheffield and Lincolnshire Railivay Company (Steamboats) Bill, 1889, R. & M. 270; and see S. 0. 156, post, p. 135). In 1892, where individual shipowners directly interested were going to be heard the locus standi of two Associa- tions, the Steamship Owners Association and the Irish Steamship Association, composed largely of firms who had no steamers trading between the ports named in the bill or contiguous thereto, and no interest in the trade to be accommodated under the bill was disallowed against a bill to give a railway company power to provide and run steamboats between certain named ports in England and Ireland. The matter was one for the discretion of the Referees, and they appear to have thought that the Asso- ciations were not sufficiently interested in the particular trade which was fully represented by the individual owners (Lancashire and Yorkshire Railway (Steam Vessels) Bill, 1892, R. & S. 199). This decision was founded a good deal upon a former decision in the similar case of the Glasgow and So nth- Western (Steam Vessels) Bill, 1891, R & S., 115, where owners directly interested were oppos- ing, and the Steamship Owners Association represented steam shipping in general rather than the particular trade as required by S. O. 133a. In 1892 an Association of South Yorkshire Coal Owners were allowed a locus standi against bills to amalgamate the Hull Docks Company with the North-Eastern Railway Company's undertaking (North-Eastern Railway (Hull Docks) Bill, and North-Eastern Railway Bill, 1892, R. & S. 217). It may, however, be observed that this Association represented the particular coal trade, and also that on 54 PRIVATE BILL PROCEDURE. Amalgamation Bills there is a practice of allowing, as far as practicable, all interested to be heard (see post, p. 61). S. 0. 134 (post, p. 130) permits a locus standi to be allowed, if the Referees think fit, to municipal or other local authorities having the management of the Metropolis or of any town, or to the inhabitants of any town or district alleged to be injuriously affected by a bill. No definition of the meaning of " district " in the above S. O. is given, but it has been held that it is not restricted to local government districts, and may include any definite locality having tangible limits, and might, it would seem, be even satisfied by an area of definite extent in proximity to proposed works or to a proposed railway (see Grand Junction Canal Bill, 1879, 2 C. & R. 165; Manchester, Sheffield and Lincolnshire Railway Bill, 1891, K. & S. 133, 135 ; London Tramways (Extension) Bill, 1889, R. & M. 268). The area of a Rural District Council may be a " dis- trict " within this Order or S. 0. 134a (Bilston I improve- ment Bill, 1896, 1 S. & A. 42). The expression, " the inhabitants," in this Order, does not mean necessarily the whole or even a majority of the inhabitants, it is held to be satisfied by a petition signed by a sufficient body of them to be fairly representative of the town or district, but not if the signatories are an insignificant minority in no way representative of the locality. Thus a petition signed by 950 only out of 270,000 inhabitants was rejected as not sufficiently repre- sentative, where the local authorities had petitioned, and there was no reason for supposing that they did not adequately represent the interests of the inhabitants (Totfcnharu and Forest Gate Railway Bill, 1890, R. & 8. 72). The object of 8. O. 134 is the protection of the public, and the Court of Referees in deciding upon locus standi under it, w T ill consider whether the interest claiming to be LOCUS STANDI. 55 heard is so abundantly represented as to make further representation unnecessary (Manchester Ship Canal Bill, 1885, R. & M. 49). A locus standi will not be allowed under S. O. 134, if the petition contains no allegation that the town or dis- trict is injuriously affected by the bill ; but the precise expression " injuriously affected " need not be used, if in some equivalent language a statement to the effect that the town or district is thus injured is made in the peti- tion ; the safer course is, however, to follow the precise language of the order in framing the petition (Isle of Wight and Cowes Railway Bill, 1871, 2 C. & S. 211, 213 ; South London Gas Bill, 1872, 2 C. & S. 218 ; Lambeth Water Bill, 1883, 3 C. & R. 292 ; Lea Valley Drainage Bill, 1892, R. & S. 202). Under the above Order (S. O. 134) the Corporation of Birmingham were allowed to oppose bills dealing with the gun trade, a staple industry of that town (Birmingham Proof House Bill, 1868, 1 C. & S. 125 ; Gun Barrel Proof Bill, 1868, 1 C. & S. 136), and in the case of a bill to transfer the undertaking of the Shoreham Waterworks to the Corporation of Brighton, a locus standi was allowed under it to the Corporation of Worthing upon the ground that their town was injuriously affected by the powers in the bill enabling the Corporation of Brighton to use in Brighton, if they thought fit, any surplus water not required for Shoreham, which the petitioners alleged would affect a natural watershed from which they might other- wise have procured in the future water for Worthing (Brighton Corporation Water Bill, 1896, 1 8. & A. 47). It may be noticed that the bill was not a " Water Bill " within S. O. 134a. A local authority will be allowed a locus standi against a bill or clause enabling a neighbouring authority to pur- chase and work tramways within its district (Edinburgh Improvement and Tramways Bill, 1896, 1 S. & A. 82). E 2 56 PRIVATE BILL PROCEDURE. The Corporation of Inverness were allowed a lectin standi against a bill to construct a railway to compete with the existing railway to that place, upon an allegation that the prosperity of the town of Inverness was largely de- pendent on the existing railway, and that anything affecting its interests prejudicially, must prejudice those of the town (Great North of Scotland Railway Bill, 1890, R. & S. 34). Upon mere extension of time bills public authorities are not allowed to oppose, any more than private individuals, with a view to alter past legislation (London. Riverside Fish Market (Extension of Time) Bill, 1885, R. & M. 43); but where a local authority alleged in their petition that the propose 1 extension of time for making a railway, which interfered with several highways in their district, would prevent them from dealing with their sewers, roads, &c, and that the development of their district would be retarded, and improvements postponed, a locus standi was allowed them to oppose the extension of time (London and South-Western, and Metropolitan District Railway Cos. Bill, 1884, 3 C. & R. 422). By S. O. 134a [pod, p. 131), the municipal or other local authority of any town or district alleging in their petition that their town or district may be injuriously affected by the provisions of any bill relating to the lighting or water supply of their area, or the raising of capital for such purpose is entitled to. be hear.l against such bill. This order is mandatory (Bradford Corpora- tion Water Bill, L892, R. & S. 1(39; Bilston Improvement Bill, L896, 1 S. & A. 42, 44). It is mandatory to the extent of entitling petitioners to a locus standi against tli<- provisions in tin- bill relating to the lighting or supply of their town or district which may injuriously affect their town or clistrict (see Birmingham (Consolidation) Bill, 1883, 3 C. & R. 257). The petitioners must allege that their town or district may be injuriously affected by the LOCUS STANDI. 57 provisions of the bill (Lambeth Water Bill, 1883, 3 C. & R. 292 ; Worthing Gas Bill, 1875, 1C.&R 201). By S. O. 134b (post, p. 131), County Councils may be admitted to oppose if they allege in their petition that the whole or some part of their area is injuriously affected by the bill. This order is not mandatory, it will be observed, in its terms, and it will also be noticed that the petition must allege, like the previous orders, injurious affection. By S. O. 134c (po4, p. 131), County Councils, making the allegation in their petitions as to injurious affection required by that Order, have a right to be heard against bills relating to the water supply of any town or district, whether within or without their county. This Order would seem to be mandatory to the extent of entitling a County Council, upon its allegation in regard to a bill relating to the water supply of any town or district that its provisions in regard to that matter may injuriously affect their county, or some part of it, to a locus stem . 8. ■.<>., ||. I.., 86. ( :i ) S. 0., H. L., XG, A. . I) Ante, p. i 1. HOUSE OF LORDS. 65 Standing Orders Committee of the Lords upon the Ex- aminer's certificate have been described^ 1 ) In the Lords, as in the Commons, compliance must be shown with cer- tain other Standing Orders in the case of* bills promoted by companies lief ore the second reading. ( 2 ) Other orders apply specially to bills brought from the Commons,( s ) and no such bill is to be read a second time until the Examiner has certified whether any further Standing Orders are ap- plicable, and, if so, whether or not they have been complied with.( 4 ) Before a charity bill is read a second time, the House must have received a report from the Attornejr- General,( 5 ) and before a bill which may increase railway rates can be read a second time the Board of Trade must have reported.( 6 ) The time for the second reading of a local bill is fixed by the Standing Orders,( 7 ) or by Sessional Orders passed from time to time.( 8 ) If the bill has originated in the Lords, petitions praying to be heard against it must be deposited in the Private Bill Office before three o'clock in the afternoon on or before the seventh clay after the second reading ; ('*') if the bill is one which has been brought from the Commons, petitions must be deposited not later than the same period after the first reading^ 10 ) The Chairman of Committees may report that an unopposed bill should be treated as an opposed bill.( n ) An opposed local bill is referred to a Select Committee nominated by the Committee of Selection ; ( l2 ) unopposed bills are considered by the Chairman of Committees, practi- cally alone save for the assistance of his counsel. ( 13 ) Peti- tions praying to be heard against a bill must be printed and copies deposited in the Parliament Office at such time (!) Ante, -p. 15. ( 7 ) S. 0., H. L.,91. ( 2 ) S. 0., H. L., 62-68. ( 8 ) 127 L. J., 88, e.g. ( a ) S. 0., H. L., 60-61. ( 9 ) S. O., H. L., 92. («) S. 0., H. L., 87. ( 10 ) S. 0., H. L., 93. («) S. 0., H. L., 89. (") S. 0., H. L., 95. ( 6 ) S. 0., H. L„ 90. ( 12 ) S. 0., II. L., 96, 97. ( 13 j May, p. 801 ; S. O., H. L., 102. 66 PRIVATE BILL PROCEDURE. and in such numbers as the Chairman of Committees may direct^ 1 ) The functions of the committee on the bill are similar to those in the Commons, with this important exception, that questions of locus standi which the House of Com- mons has delegated to the Court of Referees are still deter- mined by the Lords' Committees, whose decision may be, and sometimes, though rarely, is, different from that of the Referees. After the Committee have considered the bill, they report to the House, and in this and in the subsequent proceedings no very material difference exists between the practiee in the two Houses. Provision is made by the Standing Orders for share- holders in companies, &c, who have dissented at a meeting called in pursuance of the Standing Orders, being given a locus standi to oppose.(-) And provision is also made by Standing Orders, very similar to those of the other House for permitting in certain cases Chambers of Commerce or Agriculture, Shipping, Mining or Miners' Associations, and Councils of Administrative Counties or Boroughs to op- pose^ 3 ) As to estate, divorce, naturalization and name bills, see " Personal Bills," jjost, p. 68. 0) 97 L. J., 26, Resolution of Lords. ( 2 ) S. 0., H. L., 105, which is identical with S. O., 132, of the House of Commons, which see post, p. 130. :, i S. ()., H.L. 105 A, B and C ; and see S. 0. 133 A and B, 134, 134 A, B, and C of the Eouse of Commons, post, pp. 130, 131 ; and Locus Standi, ante, - 57. ( 67 ) CHAPTER IX. Personal Bills. Personal billsX 1 ) though before the passing of the Settled Land Acts, the Divorce Act, and the Naturalization Act, very frequent, are now of rare occurrence. They are intro- duced, as has been stated,( -2 ) in the House of Lords, and upon a petition, with a printed copy of the bill annexed. ( 3 ) The formal parts of the petition are similar to those of petitions for other private bills in the House of Commons,( 4 ) except that the petition is addressed to the Right Honourable the Lords Spiritual and Temporal in Parliament assembled. One or more of the parties principally concerned in the consequences of the bill must sign the petition,( 5 ) and a copy of the bill must be delivered to every person concerned in the bill before the second reading ; ( 6 ) but, where necessary, upon petition or application for the purpose, leave may be given to dispense with personal service, and an order for substituted service made by the House.( 7 ) Certain of the Standing Orders of the House of Lords, with reference to local bills, are, so far as applicable, directed to be observed in reference to personal bills also,( 8 ) and, in addition, Part V. of the Standing Orders is exclusively devoted to them. C 1 ) See ante, p. 6. ( 6 ) S. 0. H. L. 152. C) See ante. p. 6. (') See Gijford's Divorce BiU,lj. R.12, ( 3 ) S. 0. H. L. 150. App. Cas. 361 ; Joint's Divorce ( 4 ) See ante, p. 9. Bill, L. E. 13 App. Cas. 741. C s ) S. 0. H. L. 151. ( s ) S. 0. H. L. 181. I)N PRIVATE BILL PROCEDURE. Petitions for estate bills are, on presentation to the House of Lords, referred to two Judges for their opinion^ 1 ) and no such bill is read a first time until the Chairman of Committees has received a copy of their report.( -2 ) Notice of the bill is required to be given to every mortgagee upon the estate affected, before the second reading. ( 3 ) The committee on an estate bill do not sit until ten days after the second reading.( 4 ) Estate bills are not gene- rally opposed, but provision is made for the presentation of petitions in opposition, according to the directions of the Chairman of Committees on each particular case.("') The committee and subsequent stages are similar to those in the case of local bills, and are governed by the same rules, so far as they are applicable ; ( G ) and, in addi- tion, provision has been made with regard to the contents of the bill, consents and acceptance of trusts.( 7 ) The com- mittee ma}* admit affidavits in proof of the allegations made in the preamble.( s ) In the Commons, estate bills pass through the House in much the same way as other private bills, except that there need be only three days instead of six between the second reading and the com- mittee stage ; ( 9 ) that the committee report specially on the bill in certain cases ; ( 10 ) and that the promoters are only charged half the usual fees.C 1 ) Divorce bills are now necessary only in the case of Irish divorces, the power of the Courts in Ireland being limited to pronouncing a decree of divorce a mensa et thoro. The principle upon which Parliament proceeds in passing these bills was declared in Wedropp's Divorce BillQ 2 ) to be, that the same evidence which since the Divorce Act, 1857, enables the Divorce Court in England to pronounce a (i) S. 0. II. I,. L53 — 155. ( ? ) S. O. II. L. 160—173. {*) s. 0. II. L. 156. C 8 ) S. 0. II. L. 174. i. 0. II. I.. L57. ('') S. <>. 211, post. p. 159. I", F5. < '. II. I.. 158. ( 10 ) S. O. 188(70, post, p. 152'. 3. I ». II. I,. L59. ( u ) See Table of Fees, post, p. 290. l») S. O. H. L. 181. ('-) Ij - E- n A PP- Cas. 294. PERSONAL BILLS. 6& decree for dissolution of marriage, will be considered by the House of Lords sufficient ground for passing a Divorce Bill relating to Ireland, where that Act does not apply. No petition for a Divorce Bill may be presented to the House of Lords unless an official copy of the proceedings in the Divorce Court having jurisdiction over the petitioner be presented on oath at the bar of the House of Lords. (*) Whether this Standing Order requires proceedings to be taken in a court of law as a condition precedent to relief, was canvassed in a recent case.( 2 ) No opinion was given upon the point, but it was laid down that it was not necessary that a petition below should be successful in order that the House should receive the bill. Every Divorce Bill must contain a clause prohibiting the offending parties from intermarrying ; ( 3 ) this clause, however, is generally struck out by the House. The petitioner must attend upon the second reading to be examined at the will of the House as to collusion and other like matters.( 4 ) Divorce Bills are referred to a Committee of the whole House, and not to a Select Committee. Where upon a bill for divorce by a husband it appears that the wife has no means, the House will order the husband to pay her a small sum that she may make her defence.( 5 ) In the Commons there is a Committee designated the Select Committee on Divorce Bills( 6 ), to whom all Divorce Bills are referred( 7 ), and the Standing Orders provide for the evidence which is to be given, for the attendance of the petitioner in cases where he has attended the House of Lords, and for reporting every Divorce Bill to the House.( 8 ) The petitioner is only charged one half of the usual fees.( 9 ) (') S. 0. H. L. 175. ( 5 ) As Divorce Sill, L. E. 12, App. ( 2 ) Sinclair'* Divorce Bill, 1897, Cas. 365. A. C. 469. ( 6 ) S. 0. 189, post. p. 152. ( 3 ) S. 0. H. L. 176. (J) S. O. 208, post, p. 158. ( 4 ) S. O. H. L. 178. ( 8 ) S. 0. 190, 191, l92,post,ip. 152. ( 9 ) See Table of Fees, post, p. 290. F 70 PRIVATE BILL PROCEDURE. Naturalization bills have been regarded with increasing disfavour during late years, and successive Ministers of the Crown have declared that they are no longer to be per- mitted merely for purposes of private convenience, and that if any case can be dealt with under the ordinary law, a bill should not be allowed to pass ; ( l ) indeed, in the last recorded case, a clause was inserted in the bill embodying the conditions presented by the Naturalization Act of 1870, as to residence and otherwise. No naturalization bill can be read a second time in the Lords until the petitioner has produced a certificate of conduct from a Secretary of State, and has taken the oath of allegiance at the bar of the House.( 2 ) The consent of the Crown must also have been previously signified. ( 3 ) In the Commons the only distinctive rule with regard to naturalization bills is, that, as in the case of estate bills, there need only be three clear days between the second reading and Committee.( 4 ) The promoters in Estate, Divorce, Naturalization, and Name Bills in the Commons escape with payment of half fees.( 5 ) (') Pari. Deb. 3rd series, vol. 346, p. 1717; ib. vol. 347, p. 205; ih. 4th series, vol. 28, p. 1216. (-) 8. O. H.L. 179. ( 3 ) S. 0. H. L. 180. ( 4 ) S. 0. 211, post, p. 159. ( 5 ) See Table of Fees, post, p. 290. ( 71 ) CHAPTER X. Provisional Orders. A course of procedure somewhat similar to that by private bill, but far less costly, has been authorised by numerous statutes of the present reign which have enabled various public departments to make what are known as Provisional Orders. The object of these statutes appears to be to facilitate the execution of schemes of public utility specially affecting particular localities or interests, and re- quiring the authority of Parliament, while at the same time preserving to those persons whose individual interests may be specially affected the right to secure a hearing of their particular objections. There are differences of more or less importance in the mode of obtaining a Provisional Order under each particular Act, but the general nature of the steps which usually have to be taken may be indicated as follows : — The parties applying for the Provisional Order (who are termed the promoters) first give notice in the prescribed manner of their application and its objects ; they then present a petition to the public department or body having jurisdiction in the matter. That body con- siders the question, and any objections made by persons interested, and if it does not, as it may, dismiss the appli- cation, it will, in a proper case, direct a local inquiry to be held at which both sides may appear. After the inquiry the Provisional Order is either refused or granted, but if granted it is of no force until confirmed by Parliament, and v 2 7'2 PRIVATE BILL PROCEDURE. to obtain this confirmation the public department con- cerned introduces a public bill containing the order in a schedule. If there are still private objectors to the order they may petition Parliament, and in this event the bill will, after the second reading in either House, be referred to a select committee, before whom the opponents are allowed to appear and oppose as in the case of private bills. In the House of Commons no fees are charged to the promoters^ 1 ) but the opponents are subject to the same fees as the opponents of private bills, whilst in the House of Lords fees are only charged to either side at the committee stage in the case of opposed bills, and then they are the same for both promoters and opponents as in the case of local bills.(-) In both Houses after the bill has been read a first time it is referred to the Examiners,( :J ) and two clear days' notice is given by them of the day on which it will be examined. ( 4 ) This notice is not to be given until after the bill has been printed and circulated. The only Standing Orders compliance with which has to be proved at this stage are 38, 39, and 62 to 67 of both Houses : the rest of the first sixty-eight Standing Orders being inapplicable, as their functions are fulfilled by the provisions of the special statute under which the Provisional Order has been granted and the regulations of the department which has granted it. The opponents may by a memorial call attention to ii< mi -compliance with Standing Orders,( 5 ) and thereupon they may be heard as upon a private bill. When the bill has been referred to a select committee, the proceedings of the committee, and in the Commons 0) >S. 0. 151, post, p. 134. ( 2 ) H. L. Schedule of Fees, post, p. 295. (3) S. 0. 72, post, p. 119 ; S. 0. 70a. H. L. (*) S. 0. 73, post, p. 120; S. 0. 72. II. L. <'■•) S. 0. 232, post, p. 163. PROVISIONAL ORDERS. 73 those of the Referees, are conducted in the same manner as in the case of private bills, and are subject to the same rules and orders of the House so far as they are appli- cable^ 1 ) The petition against the bill in the Commons must be presented not later than seven clear days' after notice of the day of examination by the Examiners.( 2 ) In the Lords, if the bill originated in that House, the petition must be presented on or before the seventh day after the second reading ( 8 ) ; if the bill came from the Commons, on or before the seventh day after the first reading. (*) No bill for confirming a Provisional Order may be read the first time in the Commons after June l.( 5 ) Somewhat similar to Provisional Orders, and governed by the same Standing Orders, are the Provisional Certificates issued by the Board of Trade to railway companies and their pro- moters under the Railway Companies Powers Act, 1864, the Railways Construction Facilities Act, 1864, and various Acts amending those Acts.( 6 ) The Provisional Certificates only require parliamentary confirmation if notice of oppo- sition has been lodged by a railway or canal company with the Board of Trade. In such case, the Board introduce a public bill into Parliament to confirm the certificate, and if a petition is presented to Parliament against the certificate, the bill is referred to a select committee and treated in exactly the same way as a Provisional Order Confirmation Bill. Below will be found a table showing the various bodies authorised to grant Provisional Orders, the principal Acts giving them the power, the persons who are entitled to apply for orders, and the objects for which the orders are granted. 0) S. O. 151, post. p. 134 ; S. 0. 89, ^o.sY, p. 123. ( 2 ) S. 0. 210, post, p. 159. ( 3 ) S. 0. 92, H. L. ( 4 ) S. 0. 93, H. L. ( b ) S. 0. 193a, 153. ( 6 ) 27 & 28 Vict. c. 120; 27 & 28 Viet. c. 121 ; 31 & 32 Vict. c. 119; 33 & 34 Vict. e. 19 ; 37 & 38 Vict. c. 40. 74 PRIVATE BILL PROCEDURE. Authority. Act. Applicant. Object. I. Secretary of (i.) Housing of Local authority Improvement scheme State. Working in London. in unhealthy dis- Classes, 1890. tricts in London. ii (ii.) Explosives Local authority Repealing Acts as to Act, 1875. or person mak- manufacture or ing, &c, ex- sale of explosives. plosives. »> (iii.) Police Act, Police authority. Dealing with excess 1890. of pension fund. i> (iv.) Police Act, Secretary of Repealing, &c, local 1893. State. Acts as to fire bri- gade or fire police. » (v.) .Metropolitan Police receiver. Compulsory acquisi- Police Act, tion of land. 1886. „ (vi.) Military Volunteer corps, Compulsory acquisi- Lands Act, or County tion of land for 1892. Council, or Secretary of State. military purposes. II. Board of C\.) General Pier Any person. Construction of piers Trade. and Harbour Act, 1861. or harbours. (ii.) Railway and Board of Trade. Revised classification Canal Traffic of traffic and sche- Act, 1888. dule of rates. (iii.) Merchant Persons inter- Alterations in pilot- Shipping Act, ested in pilot- age jurisdiction ^94. age of district. and rules. »» (iv.) Sea Fish- Any person. Establishment, &c, eries Act, of oyster and mus- 1868. sel fishery on sea- shore. ,, (v.) Salmon Board of Con- Compulsory acquisi- Fishery Act, servators or tion of land for re- 1873. proprietor of moving obstruc- fishery. tions and other purposes. »» (vi.) Tramways Local authority Construction of tram- Act, 1870. or any person with tbeircon- sent, or that of road author- way. • (vii.) Military (a) Secretary of («) T r a m w a y s State. Act, 1887. ,, ., (b) Local author- (b) Using tramway ity or any per- so made. SOD. n (viii.) Gas and Any person with Construction, &c, of Water Facili- consent of lo- gasworks or water- ty - Acts, 1870 cal and road works. and 1873. authority. PROVISIONAL ORDERS. 75 Authority. Act. Applicant. Object. II. Board of (ix.) Electric Local authority Supply of electricity Trade — cont. Lighting Acts, or other per- in any ;irea. 1882andl888. son. III. Local Go- (i.) Public Health (a) Local author- (a) Repeal, &c, of vernment Act, 1875. ity. local Acts. Board. (6) „ (b) Settlement, &c, of differences aris- ing out of transfer of powers, &c, from or to local authority. ,, „ (c) LocalGovern- (c) Altering areas ment Board. and dissolving sew- erage boards. »> ,, (d) Urban au- (d) altering mode of thority or ten defraying sanitary ratepayers. expenses of urban authority. „ ,, (e) Local author (c) Compulsory ac- ity. quisition of land for purposes of the Act. j» » (/) Urban au- thority. (/) Supply of gas. ,, (ii.) Housing of (a) Local author- (a) Improvement Working ity out of Lon- scheme in un- Class Act, don. healthy districts. 1890. ,, jj (b) Local author- (b) Compulsory ac- ity. quisition of land under improve- ment scheme where houses closed by closing order. »> >> (c) Local author- (c) Compulsory ac- ity. quisition of land for lodging-houses. (iii.) Poor Law Local authority. Amending local Acts Amendments for the relief of the Acts, 1867 and poor. 1868. >» (iv.) Alkali Local Govern- Preventing discharge Works Regu- ment Board. of noxious gases lation Act, from salt works. 1881. )» (v.) Brine Pump- Owners of land Formation of com- ing Act, 1891. or sanitary au- pensation districts thority. where subsidence caused by brine pumping. (vi.) Redistribu- Any voter. Settling doubts as to tion of Seats limits of parlia- Acts, 1885. mentary division. 76 PRIVATE BILL PROCEDURE. Authority. Art. Applicant. Object. III. Local Go- (vii.) Local Go- Local Govern- Transfer of powers to vernment vernment Act, ment Board or County Council, Board — cont. 1888. County Coun- altering boun- cil or other lo- daries, and other cal authority. similar matters. IV. Board of (i.) Commons Any person. Inclosure or regula- Agriculture. Act, 1876. tion of commons. „ (ii.) Land Drain- (a) Commission (a) Compulsory ac- age Act, 1861. ers of Sewers. quisition of land. >» ,, (b) Owners of (6) Constituting a bog-land. drainage district. V. Education (i.) Education School board. Compulsory acqui- Department. Act, 1870. sition of land for school accommoda- tion. Compulsory acqui- »> (ii.) Ed\ication School board. Act, 1876. sition of land for an office. VI. Railwayand Telegraph Act, Postmaster Gen- Construction of Canal Com- 1892. eral. works on private mission. land. VII. Count yAu- Allotments Acts, Sanitary author- Compulsory acqui- thority. 1887andl890. ity or County sition of land for Council. allotments. It may be mentioned that the power to grant Pro- visional Orders is in Scotland vested in the Secretary for Scotland, the Scotch Education Department, the Boundary Commissioners, and the local authority ; while in Ireland orders may be granted by the Lord Lieutenant, the Irish Local Government Board, and the Public Works Com- missioners. It is not, however, thought necessary to mention in detail the provisions of the statutes applying the system of Provisional Orders to Scotland and Ireland. It should be noted that the requirements in . the Standing Orders of both Houses for provision for the housing of persons belonging to the labouring class evicted under a bill apply to Provisional Orders^ 1 ) < ] ) See S. O. 183a, post, p. 150; S. 0.111. H. L. ( 77 ) CHAPTER XL Costs. A limited power of awarding costs to promoters of bills to be paid by opponents, and to opponents to be paid by pro- moters, is given by statutes to committees, whether of Lords or Commons, on private bills^ 1 ) But this power only arises where the committee unanimously report that the promoters have been vexatiously subjected to expense in the promotion of the bill by their opponents, or that the opponents have been unreasonably or vexatiously subjected to expense in defending their rights proposed to be inter- fered with by the bill.( 2 ) Notwithstanding the above power, no landowner, bona fide at his own risk, opposing a bill proposing to take his land, is to be liable to costs in respect of his opposition.( 3 ) The Committee may, where they have power to award costs, award costs to be taxed by the Taxing Officer of the House, or they may, with the consent of the parties affected, name a sum for costs, and thus avoid the necessity for a taxation.( 4 ) The Taxing Officer afterwards will, on application, cer- tify the amount he finds due on taxation, or the amount named as above stated by the Committee ; and on non- (>) 28 Vict. c. 27, post, p. 344. ( 2 ) 28 Vict. c. 27, ss. 1, 2, post, p. 344. ( 3 ) 28 Vict. c. 27, s. 2, post, p. 344. ( 4 ) 28 Vict. c. 27, ss. 1, 2, post, p. 344. 78 PRIVATE BILL PROCEDURE. payment of the amount thus certified, an action may, after demand thereof, be brought in the High Court to recover the amount from the person or persons liable.(') The certificate thus given may not be called in question in any court, and special provision is made simplifying the procedure to recover the amount. ( 2 ) The plaintiff may specially endorse the writ with a statement of his claim, which is the equivalent of the " declaration " under the system of pleading in force at the time the Statute (28 Vict. c. 27) was passed ; and upon filing such statement of his claim, together with the cer- tificate of the Taxing Officer and an affidavit showing demand of payment, sign judgment and issue execution for the amount, or he may make use of the ordinary procedure and seek a summary judgment under O. xiv. of the Rules under the Judicature Acts.( 3 ) Where the special procedure is adopted, the defendant can not, without leave of the Court or a Judge, put in a defence to the claim upon the certificate. The only defences available against a claim upon such a certificate would seem to be defences showing that the certificate was made without jurisdiction, or that it was not given in accordance or conformity with the Act of Parliament, or that it was obtained under, or was being attempted to be enforced under circumstances which would formerly have been ground for injunction to restrain the claimant from continuing his action or enforcing the certificate, and which consequently now, under the Judicature Acts, afford ground for a stay of proceedings. ( 4 ) If judgment has been signed in an action upon the certificate, in accordance with the special procedure thus (') 28 Vict. c. 27, 88. 3, 4, 5, post, p. 34o. , 28 Vict. c. 27, mi. 5, 6, post, p. 345. (■■■) Mallei v. Ilanly. 18Q. B. D. 303, 310. f ') Williams v. Swansea ("anal Company, L. R. 3 Ex L58 ; Swansea Canal v. Great Western Railway Company, L. R. 5, Eq. 444; Mallet v. Hanly, 18 Q. B. L. 303. 308, 312, 787, 793. costs. 79 given, it is open to the Court or a Judge to set aside such judgment absolutely, if it is shewn that the certificate was made without jurisdiction, or where the absence of juris- diction, though not absolutely proved appears probable, to set aside the judgment and admit the defendant to plead a defence to the claim. ( l ) Where a certificate was made — not against the peti- tioners whose names appeared in the petition against a bill, but against persons held by the Committee to have been the real petitioners, though not named as such in the petition— it was decided by the Court of Appeal that such a certificate was one without jurisdiction and unenforce- able.C 2 ) The certificate of the Taxing Officer would appear to be a condition precedent to the right to sue the opposite party for the costs.( 3 ) The fees chargeable to promoters, or to petitioners against bills, are governed in each House by a Table of Fees put out by such House. ( 4 ) The costs payable by promoters or opponents of bills to their agents or solicitors for Parliamentary work done for them on their retainer, or at their request, are, in regard to the Commons, regulated by a list of charges prepared by the Speaker, so far as regards matters comprised in such list; in regard to the House of Lords, by a similar list prepared by the Clerk of the Parliaments.( 5 ) Provision is made by statute for the delivery of a signed bill of costs one calendar month before any action is brought in respect of costs against the client, and for taxation of such bill at the instance of the agent or solicitor, or of the person upon C 1 ) Mallet v. Hanly, 18 Q. B. D. 303, 787- ( 2 ) Mallet v. Hanly, 18, Q. B. D. 787. ( 3 ) See Guardians of West Ham v. Churchwardens of Bethnal Green [1896] , , C. 477, 485, 488. ( 4 ) See Table of Fees (Commons), post, p. 290. ( 5 ) 10 & 11 Viet. c. 69, s. 4,post, p. 334; 12 & 13 Viet. c. 78, s. l,post, 338 ; List of Charges, post, p. 296. 80 PRIVATE BILL PROCEDURE. whom the demand for payment has been made^ 1 ) A taxation at the instance of the client must be applied for before a verdict has been obtained upon the bill, and, except where there are special circumstances, before the expiration of six calendar months from the date of the delivery of the signed bill.( 2 ) See further as to the taxation of costs on private bills the two Statutes 10 & 11 Vict. c. 69 (appli- cable to the Commons), and 12 & 13 Vict. c. 78 (applicable to the Lords),( 2 ) and as to the appeal, in the Commons to the Speaker, and in the Lords to the Clerk of the Parliaments, from the Taxing Officer, and as to the certificate of the Speaker or Clerk of the Parliaments being conclusive as to the amount, and in certain cases having the effect of a warrant of attorney to confess judgment, see section 9 of those Statutes. ( 3 ) (') 10 & 11 Vict. c. 69, s. 8, pott, p. 336 ; 12 & 13 Viet. c. 78, s. 8, post, p. 310. (-) Post, pp. 335-337 ; 339-343. ( :t ) Post, pp. 337, 34), 342 ; and see as to the somewhat similar certificates under 28 Vict, c 27, s. 3, ante, p. 78. ( 81 ) CHAPTER XII. Parliamentary Agents and Drafting of Bills. Before 1836 the officers of the two Houses not only acted for those Houses, but also acted as agents for the parties in the conduct of the private bill business in those Houses, receiving payment for so doing. At that date the private business of Parliament having very largely increased, this was found inconvenient, and the option was given to the officials either of resigning their posts as such officers and acting merely as agents outside the Houses, or of retaining their official positions and confining themselves to their public duties. One portion of the officers elected to retain their posts and confine themselves to their public duties, the other portion elected to retire, and commenced to practise as parliamentary agents, thus founding the profession as it now exists.^) At the present time any person who is either a solicitor, a writer to the signet, or who produces to the clerk at the Private Bill Office, when he for the first time applies to qualify himself to act as parliamentary agent, a certificate of his respectability from, a member of Parliament, or a justice of the peace, or a barrister-at-law, or a solicitor, may be registered as a parliamentary agent if he is actually employed in promoting or opposing some private bill or petition pending in Parliament^ 2 ) The application must be in writing.( ? ) (!) See Report of the Select Committee (of both Houses) of 1876 on Parlia- mentary Agency. (-) See Rules for Agents, post, p. 328. 82 PRIVATE BILL PROCEDURE. Airents have to siirn a declaration at the Private Bill Office engaging to observe the rules and to pay the fees chargeable by Parliament on any petition or bill on which they may appear, and, if required, they have further to enter into a recognisance in the penal sum of £500, with two sureties of £250 each, to observe such declaration, and thereupon they are, if otherwise qualified, registered in a book at the Private Bill Office^ 1 ) The only persons disqualified seem to be, solicitors who have been struck off the rolls, barristers who have been disbarred, and parliamentary agents who have been sus- pended or prohibited for wilful violation of the rules or practice, or other wilful misconduct in their business, none of whom can be registered without the express authority of the Chairman of Committees or Speaker.(-) It would seem that the only disciplinary power exercised over parliamentary agents is that of the Chairman of Committees in the Lords, and of the Speaker in the House of Commons, either of whom can prohibit or suspend an agent from practising in their respective Houses for wilful violation of rules, or wilful mis- conduct in his business. ( 3 ) The agent is personally liable to Parliament for the fees chargeable by Parliament on business he conducts. It will thus be seen that the profession of agent is open to any person of respectability who can obtain employment in that capacity, though, as will be obvious from a con- sideration of the foregoing pages, the successful exercise of that profession involves careful attention to the Standing Orders and requirements of Parliament, and a competent skill in framing documents of a semi-legal character, so that practically agents have for the most part been persons possessed of a legal education, or persons who (') See Rules for Agents, post, p. 328 ; S. 0. 227, post, |>. 162. !: , for Agents, post, p. 328. C A ) See Rules for Agents, post, p. 328. PARLIAMENTARY AGENTS AND DRAFTING OF BILLS. 83 have had long experience as clerks or the like in the offices of parliamentary agents. As to the charges agents may make, and as to the taxation of their bills of costs, see " Costs," ante, p. 79. Model Bills and Clauses have been put out, with the authority of the officials responsible to Parliament for private bill legislation, to serve as precedents for pro- moters in regard to the clauses proper to be inserted in bills of certain kinds, and in framing bills of such kinds these clauses should, so far as applicable, be, in general, adopted. ( l ) A list of the Model Bills and Clauses thus given will be found in the Appendix, 'post, p. 333. The Standing Orders contain express provisions as to bills of certain specified kinds with regard to the inser- tion or non-insertion of particular matters or clauses ; thus, in all bills for carrying on any work by means of a company, commissioners, or trustees, provision must be made for compelling persons subscribing money there- for to pay the money thus subscribed ; (-') in railway, tramway, and subway bills various restrictions must be inserted and clauses of various kinds are required, whilst it is forbidden to give powers to effect certain objects, as for example to give powers to railway companies to purchase, hire, or provide steam vessels otherwise than to connect various portions of their line, or to give to a local authority power to construct, acquire, or work a tramway outside its district, except under certain circum- stances ; ( 3 ) in bills promoted by or conferring powers on local authorities, the clauses are to be considered in reference to various matters affecting local government^ 1 ) ; (') The forms may be purchased at the price of Is. 2±d. from Messrs. Eyre and Spottiswoode, or at the office for the sale of papers at the Houses of Parliament ; see List of Model Bills and Clauses, post, p. 333. ( 2 ) S. 0. 144, post, p. 133. C) S. 0. 153-156, 158, 159-171, post, pp. 134-146. S. 0. 112-1 33d, H.L. C) S. 0. 173a, post, p. 146. 84 PRIVATE BILL PROCEDURE. in inclosure bills, provision is to be made for leaving an open space for purposes of exercise and recreation of the neighbouring population ; ( l ) in bills giving power to take land, clauses must be inserted which, under certain conditions, compel the promoters to make a provision for re-housing persons of the labouring class who may- be deprived under the bill of their houses ; ( 2 ) in bills for gas works, burial grounds and cemeteries, certain clauses must occur. ( 3 ) Special provision is made as to certain bills promoted by the London County Council. ( 4 ) In the case of Private Bills, all charges in any way affecting the public revenue which occur in any of the clauses must be printed in italics in such bills when presented to the House. ( 5 ) In the preparation of Private Bills it will be found expedient, when no sufficient assistance can be obtained from the Model Bills and Clauses mentioned above, to consult, where possible, similar or analogous bills which have passed into law, and to copy as closely as may be the wording of such clauses of those bills as carry out the required purposes, since Parliament and Parliamentary Committees are more ready to sanction clauses to which they have, in other cases given their sanction, than to adopt entirely new forms of expression, or novel methods of carrying out a desired purpose, but, of course, as new needs arise, new clauses must be framed ; though even then there may be advantage in retaining, as far as possible, familiar forms of expression. (') 8. 0. 179, post, p. 148; S. 0. 138, H. L. ( 2 ) S. O. 183a, post, p. 150; S. 0. Ill, H. L. ( :( ) S. 0. 188, 188a, pout, p. 1.52 ; S. 0. 139-140A, II. L. ( 4 ) S. 0. 194-194D, post, p. 153 ; S. 0. 69-69c, H. L. ( '■) S. O. 202, post, p. 157. ( 85 ) APPENDIX. STANDING ORDERS OF THE HOUSE OF COMMONS. I.— THE TWO CLASSES OF PRIVATE BILLS. 1. For the purposes of the Standing Orders of this House, all Private bills private bills to which the Standing Orders are applicable shall be divided into tWO C1H.SS6S divided into the two following classes, according to the subjects to which they respectively relate : — I st Class : — 1st class. Burial ground, making, maintaining, or altering. Charters and corporations, enlarging or altering powers of. Church or chapel, building, enlarging, repairing, or main- taining. City or town, paving, lighting, watching, cleansing, or improving. Company, incorporating, regulating, or giving powers to. County rate. County or Shire Hall, Court House. Crown, Church, or Corporation property, or property held in trust for public or charitable purposes. Ferry, where no work is to be executed. Fishery, making, maintaining, or improving. Gaol or House of Correction. Gas work. Improvement charge, unless proposed in connection with a second class work to be authorised by the bill. Land, inclosing, draining, or improving. Letters patent. Local court, constituting. Market or market place, erecting, improving, repairing, maintaining, or regulating. Police. Poor, maintaining or employing. Poor rate. Powers to sue and be sued, conferring. Stipendiary magistrate, or any public officer, payment of. G 86 PRIVATE BILL PROCEDURE. The two classes of private bills. 2nd class. And continuing or amending an Act passed for any of the purposes included in this or the second class, where no farther work than such as was authorised by a former Act is proposed to be made. 2nd Class : — Making, maintaining, varying, extending, or enlarging any Aqueduct. Archway. Bridge. Canal. Cut. Dock. Drainage — where it is not provided in the bill that the cut shall not be more than eleven feet wide at the bottom. Embankment for reclaim- ing land from the sea or any tidal river. Ferry, where any work is to be executed. Harbour. Navigation. Pier. Port. Public carriage road. Reservoir. Sewer. Street. Subway — to be used for the conveyance of passen- gers, animals, or goods, in carriages or trucks drawn or propelled on rails. Tramway — by which term, as used in these Orders, is meant a tramway to be laid along a street or road. " Tramroad," by which term, as used in these Orders, is meant any tramway other than a tramway to be laid along a street or road. Tunnel. Waterwork. Examiners of petitions. 2. called Railway. Appointment of Examiners. There shall be one or more officers of this House, to be " The. Examiners of Petitions for Private Bills," who shall be appointed by Mr. Speaker. II.— STANDING ORDERS, COMPLIANCE WITH WHICH IS TO BE PROVED BEFORE THE EXAMINERS. [In these Orders (3 to G8 inclusive), unless the context other- wise requires — the term " railway " includes " tramroad " ; the term "lessee" includes a person holding an agree- ment for a lease ; STANDING ORDERS. 87 the term " occupier " applies only to ratepayers, and to Standing other persons not being ratepayers, whose interest in the P ii anee ' w jth premises occupied is not less than that of a quarterly tenant ; which is to be the term " parish " means (as respects England and Wales) P™ vec ^ before i » i . i . , , hxaminers. a place tor which a separate poor rate is or can be made or for which a separate overseer is or can be appointed ; the term " district," with respect to the administrative county of London, means any parish in Schedule A, and any district in Schedule B, of The Metropolis Management Act, 1855, as amended by any subsequent Act.) Compliance with the following Standing Orders shall be proved before one of the examiners ; viz. — 1. Notices by Advertisement. 3. In all cases where application is intended to be made for Notices to state leave to bring in a bill relating to any of the subjects included in ob J. ectso f a Ppb- n t_ ».,.,, . cation when either or the two classes or private bills, notice shall be given bills will be stating the objects of such intended application, and the time at deposited in which copies of the bill will be deposited in the Private Bill Office ; officf and* 1 and if it be intended to apply for powers for the compulsory intention to purchase of lands or houses, or for extending the time granted by seek for P owers to purclitisc any former Act for that purpose, or to amalgamate with any other i an ,i s or to company, or to sell or lease the undertaking, or to purchase or amalgamate, take on lease the undertaking of any other company, or to enter '\Z *? lf^ into working agreements or traffic arrangements, or to dissolve to be stated, ' any company, or to amend or repeal any former Act or Acts, or to anc * a ^ so ^ e j " . ti i -• u •..-,, companies, &c, levy any tolls, rates, or duties, or to alter any existing tolls, rates, with whom any or duties, or to confer, vary, or extinguish anv exemptions from amalgamation, payment of tolls, rates, or duties, or to confer, vary, or extinguish &c ''\ s pro " any other rights or privileges, or to impose on any lauds or houses, or to render any lands or houses liable to the imposition of, any charge in respect of any improvement, the notice shall specify such intention, and shall also specify the company, person, or persons with, to, from, or by whom it is intended to be proposed that such amalgamation, sale, purchase, lease, working agreements, or traffic arrangements shall be made ; and the whole of the notice relating to the same bill shall, except as provided by Standing Order 9, be included in the same advertisement, which shall be headed by a short title, descriptive of the undertaking or bill, and shall be subscribed with the name and address of the person, company, corporation, or firm responsible for the publication of the notice. j n secom \ c ] ass 4. In cases of bills included in the second class, and of bills of bills, notices to the first class, in respect to which plans are required to be deposited, contain names G 2 88 PRIVATE BILL PROCEDURE. Standing I Orders, com- pliance witL which is to be proved before Examiners. Notices to specify limits of burial ground, of gsi ■works, &c. Street tramways. Suf/»'f///.s. 7 , amroads. in tlie - road bills. such notices shall also contain a description of all the termini, together with the names of the parishes, town lands, and extra- parochial places from, in, through, or into which the work is intended to be made, maintained, varied, extended, or enlarged, or in which any land or houses intended to be taken are situate, and where any common or commonable land is intended to be taken, such notice shall contain the name of such common or commonable land (if any), and the name of any parish in which such land is situate, together with an estimate of the quantity of such common or commonable land proposed to be taken, and shall state the time and place of deposit of the plans, sections, books of reference, and copies of the Gazette notice respectively, with the clerks of the peace and sheriff clerks, and also with the officers respectively mentioned in Standing Order 29, as the case may be. 5. In cases of bills for constructing gas works, or sewage works, or works for the manufacture or conversion of the residual products of gas or sewage, or for making or constructing a sewage farm, cemetery, burial ground, crematorium, destructor, hospital for infectious disease, or station for generating electric power, the notices shall set forth and specify the lands in or upon which such gas works, sewage works, works for the manufacture or conversion of residual products, farm, cemetery, burial ground, crematorium, destructor, hospital, or generating station, is intended to be made or constructed. 6. In cases of bills for laying down a tramway, the notice shall specify at what point or points, and on which side of the street or road it is proposed to lay such tramway, so that for a distance of 30 ft. or upwards a less space than 9 ft. 6 in., or if it is intended to run thereon carriages or trucks adapted for use upon railways, a less space than 10 ft. 6 in. shall intervene between the outside of the footpath on the side of the street or road and the nearest rail of the tramway ; the notice shall also specify the gauge to be adopted and what power it is intended to employ, and in the case of mechanical power the mode in which such power is to be applied, for moving carriages or trucks upon the tramway. 6a. In the case of bills for constructing a subway, the notice shall specify the gauge to be adopted and the motive power to be employed, and in the case of mechanical power the mode in which such power is to be applied. Qb. In the case of a bill for constructing a tramroad, the notice snail specify the gauge to be adopted, and the motive power STANDING ORDERS. 89 to be employed, and in the case of mechanical power the mode in Standing which such power is to be applied. ^^ JJJ" 7. In all cases where it is proposed to divert into any existing which is to be or intended cut, canal, reservoir, aqueduct or navigation, or into P 1 " /^ before any intended variation, extension or enlargement thereof respec- tively, any water from any existing cut, canal, reservoir, aqueduct, q u ^ s Canals or navigation, whether the water is to be abstracted directly or Navigations, $c. indirectly from any such cut, canal, reservoir, aqueduct or naviga- w , ~ ~ tion, or from any feeder thereof, and whether under any agreement intended to with the proprietors thereof or otherwise, the notices shall contain divert water the name of every such last-mentioned cut, canal, reservoir, aque- j n „ cut &c duct or navigation. 8. In cases of bills relating to letters patent, each notice shall Letters Patent. have prefixed to it in capital letters the name by which the inven- >j ame f tion is usually distinguished, and shall contain a distinct description invention to be of the invention for which such letters patent have been obtained, * >re -+*jL f m and also an account of the term of their duration. notice. 8a. In addition to the ordinary notices, notice of the intention Notice in to apply to Parliament for a bill relating to letters patent shall be official journal published twice in the official journal of the Patent Office, before the introduction of the bill in this House. 9. In the months of October and November, or either of them, Publication of immediately preceding the application for a bill, the notice shall be gazetteg an( j published once in the Loudon, Edinburgh, or Dublin Gazette, as newspapers. the case may be, and in the following newspapers, namely : — (1.) In the case of a bill relating specially to any parti- cular city, borough, town, or urban district, the notice shall be published once in each of two successive weeks, with an interval between such publications of not less than six clear days, in some one and the same newspaper published in such city, borough, town, or district, or if there be no newspaper published therein, then in some one and the same newspaper published in the county in which such city, boiough, town, or district, or any part thereof is situate ; (2.) In the case of a bill authorising the construction of works or the taking of lands, or extending the time granted by a former Act for the construction of works or taking of lands, situate in one county only, or relating to an under- taking situate in one county only, or promoted by a company or companies, or other parties possessed of an undertaking situate in one county only, the notice shall be published once in each of two successive weeks, with an interval between 90 PRIVATE BILL PROCEDURE. Standing Orders, com- pliance with which is to I e proved before Examiners. Tramways. Notices to be posted in street or road. such publications of not less than six clear days, in some one and the same newspaper published in that county, or if there be no newspaper published therein, then in some one and the same newspaper published in some county adjoining or near thereto ; (3.) In the case of a bill authorising the construction of works or the taking of lands, or extending the time granted by u former Act for the construction of works or the taking of lands, in more than one county, or relating to an undertaking situate in more than one county, or promoted by a company or companies, or other parties possessed of an undertaking situate in more than one county, the notice shall be published once in each of two successive weeks, with an interval be- tween such publications of not less than six clear days, in some one and the same newspaper of the county in which the principal office of the company or companies, or other parties who are the promoters of the bill is situate, and in some one and the same newspaper published in each county in which any new works are proposed to be constructed, or in which any lands are intended to be taken, or in which any works or lands are situate, in respect of which any new or further powers for the completion or taking thereof are intended to be applied for, or if there be no newspaper pub- lished therein, then in some one and the same newspaper published in some county adjoining or near thereto : Pro- vided always, that, if the bill relates to lands or works, situate in more than one county, it shall be sufficient (at the option of the promoters) to publish in each of such counties so much only of the notice as relates specifically to the lands or works situate in that county, together with the short title of the notice and an intimation that the notice has been pub- lished in full or sent for publication in full in the Gazette ; (4.) No publication under this Order shall be made after the 27th day of November. 10. In the months of October and November, or one of them, immediately preceding the application for any bill for laying down a tramway, or constructing an underground railway or subway, when such bill contains powers authorising any alteration or disturbance of the surface of any street or road, notice thereof shall be posted for fourteen consecutive days in every such street or road in such manner as the authority having the control of such street or road shall direct, and if alter such application to such STANDING ORDERS. 91 authority no such direction shall be given, then in some conspicu- ^ & din o g m _ ous position in every such street or road, and such notice shall plianee ' with also state the place or places at which the plans of such tramway, which is to be ., , mi i j -x i proved before railway, or subway, will be deposited. Examiners. 2. Notices and Applications to Owners, Lessees, and Occupiers of Lands and Houses. 11. On or before the fifteenth day of December immediately Application to preceding the application for a bill for power to take any lands or ^before^th" houses compulsorily, or for an extension of the time granted by December. any former Act for that purpose, or to impose an improvement charge on any lands or bouses, or to render any lands or houses liable to the imposition of an improvement charge, application in writing shall be made to the owners or reputed owners, lessees or reputed lessees, and occupiers of all such lands and houses, inquiring whether they assent, dissent, or are neuter in respect of such application ; and in cases of Bills included in the second class, such application shall be, as nearly as may be, in the form set forth in the Appendix marked (A). 12. Separate lists shall be made of the names of such owners, List of owners, lessees and occupiers, distinguishing those who have assented, dis- & c - assenting 1,00 . it, dissenting and sented or are neuter in respect tu such application, or who nave neu t er . returned no answer thereto; and where no written acknowledg- ment has been returned to an application forwarded by post, or where such application has been returned as undelivered at any time before the making up of such lists, the direction of the letter in which the same was so forwarded shall be iuserted therein. 13. On or before the fifteenth day of December immediately Notice to preceding the application for a bill for the laving down a i ram way, frontagers r o l f * o in case of notice in writing shall be given to the owners or reputed owners, tramways. lessees or reputed lessees, and occupiers of all houses, shops, or warehouses abutting upon any part of any street or road where, for a distance of 30 ft. or upwards, it is proposed that a less space than 9 ft. 6 in. shall intervene between the outside of the footpath on either side of the road and the nearest rail of the tramway, or a less space than 10 ft. 6 in., if it is intended to run on the tramway o^ 1 ^ ° nc ^ carriages or trucks adapted for use upon railways. On or before lessees of rail- the fifteenth day of December immediately preceding the applica- wa y s > tram " - . ., ways, or canals, tion for any Bill for laying down a tramway crossing any railway crossed, or tramway on the level, or crossing any railway, tramway, or affected, or canal by means of a bridge, or otherwise affecting or interfering . pr0 posed with such railway, tramway, or canal, notice in writing of such tramway. 92 PRIVATE BILL PROCEDURE. Standing Order-. pliance with ■which is to be proved Examiners. Notices wln-n it is proposed to abstract water from any stream. application shall be served upon the owner or reputed owner, and upon the lessee or reputed lessee of such railway, tramway, or canal, and such notice shall state the place or places at which the plans of the tramway to be authorised by such bill have been or will be deposited. 14. On or before the fifteenth day of December immediately preceding the application for a bill, whereby it is proposed to abstract water from any stream for the purpose of supplying any cut, canal, reservoir, aqueduct, navigation, or waterwork, notice in writing of such bill shall be given to the owners or reputed owners, lessees or reputed lessees, and occupiers of all mills and manufac- tories or other works using the waters of such stream for a distance of 20 miles below the point at which such water is intended to be abstracted, such distance to be measured along the course of such stream, unless such waters shall, within a less distance than 20 miles, fall into or unite with any navigable stream, and then onlv to the owners or reputed owners, lessees or reputed lessees, and occupiers of such mills and manufactories, or other works as aforesaid, which shall be situate between the point at which such water is proposed to be abstracted, and the point at which such water shall fall into or unite with such navigable stream ; and such notice shall state the name (if any) by which the stream is known at the point at which such water shall be immediately abstracted, and also the parish in which such point is situate, and the time and place of deposit of plans, sections, and books of reference and copies of the Gazette notice respectively with the clerks of the peace and sheriff clerks, as the case may be. 15. On or before the fifteenth day of December immediately preceding the application for a bill for constructing gas works or Ga.< Work!', ,\c. sewage works, or works for the manufacture or conversion of the residual products of gas and sewage, or for making or constructing a sewage farm, cemetery, burial ground, crematorium, destructor, or hospital for infectious disease, notice shall be served upon the owner, lessee, and occupier of every dAvelling house situated within 300 yards of the lands in orupon which such gasworks, sewage works, works for the manufacture of residual products, farm, cemetery, burial ground, crematorium, destructor, or hospital may be made or constructed. 1(5. On or before the fifteenth day of December immediately preceding the application for a bill whereby the whole or any part of a work authorized by any former Act is intended to be relinrpiished, notice in writing of such bill shall be served upon Burial Gronvds and Notice to owners and occupiers of houses. of fl Notice to owner-. &c. when the Bill STANDING ORDERS. 93 the owners or reputed owners, lessees or reputed lessees, and Standing • Orders com" occupiers of the lands in which any part of the said work intended pii ance ' with to be thereby relinquished is situate. which is to be 17. On or before the twenty-first day of December immediately ^JJJjJjJjjJjJ 8 preceding the application for a bill, whereby any express statutory provision then in force for the protection of the owner, lessee, or i s to abridge •occupier of any property, or for the protection or benefit of any any public public trustees or commissioners, corporation or person, specifically named in such provision, is sought to be altered or repealed, notice ownerS; &e in writing of such Bill, and of the intention to alter or repeal such in cases of provision, shall be served upon every such owner, lessee, or occu- ^J™ or pier, public trustees or commissioners, corporation or person. provisions. 18. On or befcre the twenty-first day of December immediately Notice in case preceding the application for a bill whereby any compulsory run- of application r ° , ., .-• for compulsory ning powers are proposed to be taken over any railway, notice in running writing of such bill, and of the intention to apply for such running powers. powers, shall he served upon every company owning or working such railway. 19. All applications shall be made, and notices served, either How applica- , -i, . .l-.li i i. u tionto be made, iby delivering the same personally to the party entitled to such and notices application or notice, or by leaving the same at his usual place of served. abode, or, in his absence from the United Kingdom, with his agent, or by forwarding the same by post in a registered letter, ■addressed with a sufficient direction to his usual place of abode, and posted on or before the third day previously to the day re- quired for delivery of the same personally, at such places, at such hours, and according to such regulations as the Postmaster General shall from time to time appoint, for the posting and registration of such letters, and shall be accompanied by a copy of the Standing Orders which regulate the time and mode of presenting petitions in opposition to Bills. ( x ) 20. In all cases the written acknowledgment of the party Written applied to shall, in the absence of other proof, be sufficient evi- ^J^fparty dence of such application having being made, or notice given ; applied to, and, and in case of an application or notice having been forwarded by m c " se ? f i • ,. i -n r^n- • • application or post, in a registered letter, the production of the Post Office receipt not i ce by post, for such letter, duly stamped, in such form as the Postmaster Post Office •General shall have appointed, shall be sufficient evidence of the SSt^^Me due delivery of such letter : Provided it shall appear that the same f application. was properly and sufficiently directed, and that the same was not returned by the P ost Office as undelivered. 0) These are S. 0. 129, post, and S. 0. 92, 93, U. L. 04 PRIVATE BILL PROCEDURE. Standing Ozden pliance with which is to he proved before Examiners. Notices oot to be given on Sunday, &c. Consents in case of Tram- ways Bill. 21. Xo notice served or application made on Sunday, Christmas- Day, Good Friday, or Easter Monday, or before eight o'clock in, the foienoon, or alter eight o'clock in the afternoon of any day, shall be deemed valid, except in the case of delivery of letters by post. '2'2. In cases of bills to authorize the laying down of a tram- way, the promoters shall obtain the consent of the local authority of the district or districts through which it is proposed to construct such tramway, and where in any district there is a road authority distinct from the local authority, the consent of such road authority shall also be necessary in any case where power is sought to break up any road, subject to the jurisdiction of such road authority. For the purposes of this Order, the local and road authorities in England and Scotland shall be the local and road authorities men- tioned in Section 3 and Schedule A. of " The Tramways Act, 1870," except that in the case of such schedule the London County Council shall be substituted for the Metropolitan Board of Works, Urban District Council for Local Board, and Rural District Council for Vestry, Select Vestry, or other body of persons acting by virtue of any Act of Parliament, prescription, custom, or other- wise, as or instead of a vestry or select vestry, and in Ireland shall be the grand jury of the county in respect to any highway, or portion of highway, within the jurisdiction of such grand jury; and in respect to highways wholly or partly within any city, borough, town corporate, or other place or district iu which the public roads are not under the control of the grand jury of the county, shall be the respective local and road authorities of such city, borough, town corporate, or other place or district mentioned in Section 38 of "The Tramways (Ireland) Act, 18G0": Pro- vided that where it is proposed to lay down a continuous line of tramway in two or more districts, and any local or road authority having jurisdiction in any such districts does not consent thereto, the consents of the local and road authority, or the lecal and road authorities having jurisdiction over two-thirds of the length of such proposed line of tramway, shall be deemed to be sufficient. Deposit not to be made on Sunday, &e. 3. Documents required to be deposited, and the times and places of deposit. 23. Xo deposit required by the following orders shall be deemed valid if made on Sunday, Christmas Day, Good Friday, or Easter Monday, or before eight o'clock in the forenoon, or after eight o'clock in the afternoon of any day. STANDING ORDERS. 95 Deposits on or before the 30th November. Standing 24. In cases of bills of the second class, a plan and also a dupli- p ij ani ,J w ith cate thereof, together with a book of reference thereto, and a which is to be section and also a duplicate thereof, as hereinafter described, and proved before , Examiners. in cases of bills of the first class, under the powers of which any lands or houses may be taken coinpulsorilv, and in the case of all Plans and bills by which any charge is imposed upon any lands or houses or books of re- any lands or houses are rendered liable to have a charge imposed seet ; on s t0 i )e upon tliem in respect of any improvement, a plan and duplicate deposited with thereof, together with a book of reference thereto, shall be deposited cler ^ °^ for public inspection at the office of the clerk of the peace for every county, riding or division in England or Ireland, or in the office of the principal sheriff clerk of every county in Scotland, and where any county in Scotland is divided into districts or divisions, then also in the office of the principal sheriff clerk in or for each district or division, in or through which the work is proposed to be made, maintained, varied, extended or enlarged, or in which such lands or houses are situate, on or before the 30th day of November immediately preceding the application for the bill ; and In cases of in the case of railway bills, the Ordnance map, on the scale of one rai wavs ' , ' l ' nanee or pub- inch to a mile, or where there is no Ordnance map, a published lished map to map, to a scale of not less than half an inch to a mile (or in be . deposite d Ireland, to a scale of not less than a quarter of an inch to a mile), p eace> & c< with the line of railway delineated thereon, so as to show its clerks of peace general course and direction, shall be deposited with such plans, to indorse a sections and book of reference ; and the clerks of the peace or ™ em0 " H on ' r plans, tec. sheriff clerks, or their respective deputies, shall make a memorial in writing upon the plans, sections and books of reference so deposited with them, denoting the time at which the same were lodged in their respective offices, and shall at all seasonable hours of the day permit any person to view and examine one of the same, and to make copies or extracts therefrom ; and one of the two plans and sections so deposited shall be sealed up and retained in the possession of the clerk of the peace or sheriff clerk until called for by order of one of the two Houses of Parliament. In cases of I n case of pro- bills whereby it is proposed to alter or extend the municipal „r extension of bouudarv of any city, borough, or urban district, a map on a scale municipal of not less than three inches to a mile, and also a duplicate boundaries, i f i hi » -i . pi- ma P an 'l dupli- thereof, showing as well the present boundaries or the city, cate t0 | je rdere, c m- pliance with which is to be I before Examiners. Deposit of plans, &c. in Privnte Bill Office. -it of tramway map at the office of Board of Trade. When works on tidal lands, sections, and map, to be deposited at the office ot the Harbour De- part ment, Board of Trade. When works on banks, iVc. of any river, plans, sections, and map to be deposited at the of the conservators of the river. borough, or clerk of such urban district, who shall at all seasonable hours of the day permit any person to view and examine such map, and to make copies thereof. 25. On or before the 30th day of November, a copy of the said plans, .-relit ms and books of reference, and in the case of railway bills, also a copy of the said Ordnance or published map, with the line- of railway delineated theieon, shall be deposited in the Private Bill Office of this House. '1'jd. In the case of 1 ills for laying down a tramway, a published map of the district on a scale of not less than six inches to a mile (or if no map on such a scale be published, then the best map obtainable), with the line of the proposed tramway marked ihereon, and a diagram on a scale of not. less than two inches to a mile, prepared in accordance with the specimen to be obtained at the Office of the Board of Trade, must also be deposited at that office on or before the 30th N ovember. 20. In cases where the work is to be situate on tidal lands within the ordinary spring tides, a copy of the plans and sections shall, on or before the 30th day of November immediately pre- ceding the application for the bill, be deposited at the office of the Harbour Department, Board of Trade, marked "Tidal Waters," and on such copv all tidal waters shall be coloured blue, and if the plans include any bridge acro?s tidal waters, the dimensions, as regards span and headway of the nearest bridges, if any, across the same tidal waters above and below the proposed new bridge, shall be marked thereon ; and in all such cases, such plans and sections shall be (accompanied by an Ordnance or published map of the country over which the works are proposed to extend, or are to be carried, with their position and extent, or route accurately laid down thereon. 26o. And, in cases where the work is to be situate on the banks, foreshore, or bed of any river having a Board of Conservators con- stituted by Act of Parliament, a copy of the plans and sections shall, on or before the 30th day of November immediately pre- ceding the application for the bid, be deposited at the office of the conservators of the river, and if the plans include any tunnel under or bridge over the river, the dimensions as regards depth below bed of the river, and span and headway, shall be marked thereon; and such plans shall be accompanied by an Ordnance or published map of the country over which the works are proposed to extend uv are to be carried, with their position and extent or route accurately laid down thereon. STANDING ORDERS". 97 27. In the case of railway, tramway, subway, and canal bills, a Standing copy of all plans, sections, and books of reference, required to be p ii anee ' w ;^" deposited in the office of any clerk of the peace or sheriff clerk, on which is to be or before the 30th day of November immediately preceding the proved before application for the bill (and in the case of railway bills also a copy " of the said Ordnance or published map, with the line of railway Deposit f delineated thereon), shall on or before the same day be deposited in plans, &c at the office of the Board of Trade. the ^ oard of 28. Where the work or any part thereof will be situate within Trade. the administrative county of London, or where powers are sought Deposit of to take any lands within the said county, a copy of so much of the P lans anf agent as to if bill, and powers thereof, to be annexed to petition. Deposits on or before the 1\st December. 32. Every petition for a private bill, headed by a short title descriptive of the undertaking or bill, corresponding with that at the head of the advertisement, with a declaration, signed by the agent, and a printed copy of the bill annexed, shall be deposited in the Private Bill Office on or before the 21st day of December; and such petition, bill and declaration shall be open to the inspec- tion of all parties ; and printed copies of the bill shall also be delivered therewith for the use of any member of the house or a^ent who may apply for the same. Such declaration shall state to which of the two classes of bills such bill in the judgment of the agent belongs; and if the proposed bill shall give power to effect any of the following objects; that is to say : — Power to take any lands or houses compulsorily, or to extend the time granted by any former Act for that purpose : STANDING ORDERS. 99 Power to levy tolls, rates or duties, or to alter any existing tolls, rates or duties ; or to confer, vary or extinguish any exemption from payment of tolls, rates or duties, or to confer, vary or extinguish any other right or privilege : Power to amalgamate with any other company, or to sell or lease their undertaking, or to purchase or take on lease the undertaking of any other company : Power to interfere with any crown, church or corporation property, or property held in trust for public or charitable purposes : Power to relinquish any part of a work authorized by a former Act : Power to divert into any existing or intended cut, canal, resevoir, aqueduct or navigation, or into any intended variation, extension or enlargement thereof respectively, any water from any existing cut, canal, reservoir, aqueduct or navigation, whether directly or derivatively, and whether under any agreement with the proprietors thereof, or otherwise : Power to make, vary, extend or enlarge any cut, canal, reservoir, aque- duct or navigation : Power to make, vary, extend or enlarge any railway. The said declaration shall state which of such powers are given by the bill, and shail indicate in which clauses of the bill (referring to them by their number) such powers are given, and shall further state that the bill does net give power to effect any of the objects enumerated in this Order, other than those stated in the declaration. If the proposed bill shall not give power to effect any of the objects enumerated in the preceding Order, the said declaration shall state that the bill does not give power to effect any of such objects. The said declaration shall also state that the bill does not j-ive any powers other than those included in the notices for the bill. " 33. On or before the 21st day of December, a printed copy of every private bill shall be deposited at the office of Her Majesty's Treasury and at the General Post Office ; a printed copy of every bill relating to railways, tramways, subways, canals, gas, water, patents, or electric lighting, or for incorporating or giving powers to any company, shall be deposited at the office of the Board of Trade ; a printed copy of every bill relating to any dock, harbour, navigation, pier or port, shall be deposited at the office of the Harbour Department of the Board of Trade, marked "Tidal waters " ; a printed copy of every bill containing provisions with respect to the use of weights and measures, or the inspection or verification of the same, shall be deposited at the Standard Depart- Standing Orders, com- pliance with which is to be proved before Examiners. Deposit of private bills at Treasury and other public departments. 100 PRIVATE BILL PROCEDURE. - aiding ment of the Board of Trade; a printed copy of every bill relating Orders, com- to a i oca i C ourt or stipendiary magistrate, and of everv bill whereby pliance ■with . "if,,., , which is to be power is sought to take any churchyard, burial ground, or cemetery, proved before or any part thereof, or to disturb the bodies interred therein, or to take any common or commonable land, at the office of the Secre- tary of State for the Home Department; a printed copy of every bill relating to any company, body, or person carrying on business in any colony or British possession, at the office of the Secretary of State for the Colonies ; a printed copy of every Bill relating to Scotland, at the office of the Secretary for Scotland: a printed copy of every bill relating to any matter in England or Wales within the jurisdiction of the Local Government Board, or to which Standing Order 38 applies at the office of that Board ; a printed copy of every bill which proposes to alter the boundary of the area of any county, urban district, parish, or any other administrative area, or which relates to any matter to which the Birth and Deaths Registration Acts, 1836 to 1874, and any Act amending the same, relate, at the General Register Office, Somerset House ; a printed copy of every private bill whereby the boundaries of any school dis- trict or the jurisdiction of any school board are affected at the office of the Education Department ; a printed copy of every bill affect- ing Crown property at the office of the Commissioners of Her Majesty's Works and Public Buildings, and at the office of Her Majesty's Woods, Forests, and Land Revenues ; a printed copy of every bill affecting charities or charitable trusts at the office of the Charity Commission ; and a printed copy of every bill affecting the Duchy of Cornwall or the Duchy of Lancaster at the office of such Duchy respectively. Deposit of bills 33«. On or lief ore the 21st day of December, a printed copy of with the Home ev ery private bill promoted by municipal or other local authori- ties, by which it is proposed to create powers relating to police or sanitary regulations which deviate from, or are in extension of, or repugnant to, the general law, shall be deposited at the office of the Secretary of State for the Home Department. Deposit of bills 336. On or before the 21st day of December, a printed copy of with the Board every local hill which relates to the drainage of land in England or Wales, or which relates to the improvement of land in England, Wales, or Scotland, or to the erection, improvement, repair, main- tenance, or regulation of any market or market place at which cattle are exposed for sale, or to any matter within the jurisdiction of the Board of Agriculture, or which proposes to alter the boun- ilaiv of any county, urban district, urban sanitary district, parish, STANDING ORDERS. 101 or any other administrative area in the United Kingdom, or Standing whereby power is sought to take any common or commonable Orders, corn- land, shall be deposited at the office of the Board of Agriculture. JhichTs to 1 34. On or before the 21st day of December, a printed copy of proved before every bill of the second class whereby any work shall be autho- Examiners, rized within the limits of the administrative County of London, ^ . „ , ... shall be deposited at the office of the London County Council. with the 34a. On or before the 21st day of December, a printed copy of London County every bill of the second class, whereby it is intended to authorize the construction of any work on the banks, foreshore, or bed of any wHh'tne^on- S river having a board of conservators constituted by Act of Par- servators of ment, shall be deposited at the office of the conservators of the rivers - river. Deposits on or before the 31st December. 35. All estimates and declarations, and lists of owners, lessees Deposit of and occupiers, which are required by the Standing Orders of this estimates, &c., House shall be deposited in the Private Bill Office on or before the office™ * 31st day of December. 35a. As respects all bills for the incorporation of joint stock Documents to companies, or proposed companies for carrying on any trade or be d e P os iA ecl m business, or for conferring upon such companies the power of suing Office in regard and being sued, there shall be deposited in the Private Bill Office to joint stock on or before 31st December, a copy of the deed or agreement of ^?" 1 P ames partnership (if any) under which the company or proposed com- pany is acting, and in all cases other than those of companies regis- tered under the " Companies Act, 1862," a declaration stating the following matters : — 1st. — The present and proposed amount of the capital of the company. 2nd. — The number of shares, and the amount of each share. 3rd. — The number of shares subscribed for. 4th. — The amount of subscriptions paid up. 5th. — The names, residences, and descriptions of the share- holders or subscribers (so far as the same can be made out) and of the actual or provisional directors, treasurers, secretaries or other officer, if any. And such documents shall be verified by the signature of some authorized officer of the company or proposed company (if any), and by some responsible party promoting the Bill ; and copies of such declarations shall be printed at the expense of the promoters H 102 PHI V T ATE BILL PKOCEDURE. Standing Orders, com- pliance with which is to be proved before Examiners. Copies of estimate and declaration to be printed, and delivered in at Private Bill Office. Form of estimate. of the bill, and delivered at the Vote Office for the use of the Members of the House, and at the Private Bill Office for the use of any agent who may apply for the same. 36. On or before 31st December, copies of the estimate of expense of the undertaking ; and where a declaration alone, or declaration and estimate of the probable amount of rates and duties are required, copies of such declaration, or of such declaration and estimate, shall be printed at the expense of the promoters of the bill, and delivered at the Vote Office for the use of the Members of the House, and at the Private Bill Office for the use of any agent who may apply for the same. 37. The estimate for any works proposed to be authorized by any railway, tramway, tramroad, subway, canal, dock, or harbour bill, shall be in the following form, or as near thereto as circum- stances may permit : — ESTIMATE of the proposed Line, No. Length of Line (Eailway). Whether Miles fur. chs. Sintrle or Double. Earthworks : Cuttings — Rock Soft Soil - Roads Total - Cubic yds. Price per yd. £ s. d. Eml>ankments, including roads - Cubic yds. Bridges — Pulilic roads - - - Number Accommodation bridges and works Viaducts -------- Culverts and drains ------ Metallings of roads and level crossings - - - Gatekeepers' houses at level crossings - Permanent way, including fencing: Cost per mile. Miles, fur. chs. £ s. d. at Permanent ways for sidings, and cost of junctions - Stations Contingencies - Land and Luildings: per cent. Total £ s. d. The same details for each branch, and general summary of total cost. STANDING ORDERS. 103 38. In the case of any Bill which contains power to take com- Standing pulsorily or by agreement, in any parish in the Metropolis, twenty Orders, com- or more houses, or as regards England and "Wales, exclusive of the w hich is to be Metropolis, in any city, borough, or other urban district, or in any proved before parish, or part of a parish, not being within an urban district, or ramme rs, in Scotland in any district within the meaning of "The Public Statement Health (Scotland) Act, 1867," or in Ireland in any urban sanitary relating to district as defined by " The Public Health (Ireland) Act, 1878," houses in- . , . , , .. . ,, , habited by ten or more houses, occupied either wholly or partially by persons labouring belonging: to the labouring; class, as defined by Order 183a, as classes to be tenants or lodgers, or which revives or extends any such power, the p^y^teBiU promoters shall deposit in the Private Bill Office, and at the office Office and of the central authority, as defined in Order 183a, on or before the office of cen- 31st day of December, a statement of the number, description, and rity situation of such houses, the number (so far as can be ascertained) of persons residing therein, and a copy of so much of the plan (if any) as relates thereto ; this Standing Order shall not apply where a statement in pursuance of this Standing Order was deposited in respect of the Act the powers of which are proposed to be revived or extended. [See also Standing Order 183a.] 39. Whenever plans, sections, books of reference, or maps are Deposit of deposited in the case of an application to any public department or P la ns &c., in ^ l L . . . . „ case of Provi- county council, for a provisional order or provisional certificate, s j nal Orders duplicates of the said documents shall also be deposited in the in Private Bill Private Bill Office ; provided that with regard to such deposits as ce " are so made at any public department, or with any county council, after the prorogation of Parliament, and before the 30th day of November in any year, such duplicates shall be so deposited on or before the 30th day of November. 4. Form in which Plans, Books of Reference, Sections and Cross Sections are to be prepared. Plans. 40. Every plan required to be deposited shall be drawn to a Description scale of not less than four inches to a mile, and shall describe the p a lauds which may be taken compulsorily, or on which an improve- ment charge may be imposed, or which are rendered liable to the imposition of an improvement charge, and in the case of bills of the second class, shall also describe the line or situation of the whole of the work (no alternative line or work being in any case permitted), and the lands in or through which it is to be made, H 2 104 PEIVATE BILL PROCEDURE. Standing Orders, com- pliance with which is to be proved before Examiners. Lands within deviation to be on plan. Buildings, Are. on enlarged scale. In case of cut, canals, &C , plan to de- scribe brooks, &c. to be div.-rted. In case of rail- ways, distances to be marked in mik- furlong^ and memorandum of curves ami tunnelling. Diversion of roads, &c. to iwn. In case of junctions, coarse of exi>t- ing line to be shown on de- plan. • Tramway*. Plan- in the I maintained, varied, extended, or enlarged, or through which any communication to or from the work may he made ; and where it is the intention of the promoters to apply for powers to make any lateral deviation from the line of the proposed work, the limits of such deviation shall be defined upon the plan, and all lands included within such limits shall be marked thereon ; and unless the whole of such plan shall be upon a scale of not less than a quarter of an inch to every 100 feet, an enlarged plan shall be added of any building, yard, courtyard, or land within the curtilage ill' any building, or of any ground cultivated as a garden, either in the line of the proposed work, or included within the limits of the said deviation, upon a scale of not less than a quarter of an inch to every 100 feet. 41. In all cases where it is proposed to make, vary, extend, or enlarge any cut, canal, reservoir, aqueduct, or navigation, the plan shall describe the brooks and streams to be directly diverted into such intended cut, canal, reservoir, aqueduct, or navigation, or into anv variation, extension, or enlargement thereof respectively, for supplying the same with water. 42. In all cases where it is proposed to make, vary, extend, or enlarge any railway, the plan shall exhibit thereon the distances in miles and furlongs from one of the termini ; and a memorandum of the radius of every curve not exceeding one mile in length shall be noted on the plan in furlongs and chains ; and where tunnelling as a substitute for open cutting is intended, the same shall be marked by a dotted line on the plan, and no work shall be shown as tunnelling in the making of which it will be necessary to cut through or remove the surface soil. 43. If it be intended to divert, widen, or narrow any public carriage road, navigable river, canal, or railway, the course of such diversion, and the extent of such widening or narrowing, shall be marked upon the plan. 44. When a railway is intended to form a junction with an existing or authorized line of railway, the course of such existing or authorized line of railway shall be shown on the deposited plan for a distance of 800 yards on either side of the proposed junction,. on the, same scale as the seale of the general plan. 45. In cases of bills for laying down a tramway, the plans shall indicate whether it is proposed to lay such tramway along the centre of any street, and if not along the centre, then on which side of. and at what distance from tin imaginary line drawn along the centre of such street, and whether or not, and if so, at what STANDING ORDERS. 105 point or points it is proposed to lay such tramway, so that for a distance of 30 ft., or upwards, a less space than 9 ft. 6 in., or if it is intended to run thereon carriages or trucks adapted for use upon railways, a less space than 10 ft. 6 in. shall intervene hetween the outside of the footpath en either side of the road, and the nearest rail of the tramway. All lengths shall he stated on the plan and section in miles, furlongs, chains, and decimals of a chain. The distances in miles and furlongs from one of the termini of each tramway shall be marked on the plan and section. Each double portion of tramway, whether a passing-place or otherwise, shall be indicated by a double line. The total length of the road upon which each tramway is to be laid shall be stated {i.e., the length of route of each tramway). The length of each double and single portion of such tramway, and the total length of such double and single portions respectively shall also be stated. In the case of double lines (including passing-places), the distance between the centre lines of each line of tramway shall be marked on the plans. This distance must in all cases be sufficient to leave at least fifteen inches between the sides of the widest carriages and engines to be used on the tramways when passing one another. The gradients of the road on which each tramway is to be laid shall be marked on the section. Every crossing of a railway, tramway, river, or canal shall be shown, specifying in the case of railways and tramways whether they are crossed over, under, or on the level. All tidal waters shall be coloured blue. All places where for a distance of 30 ft. and upwards there will be a less space than Oft. Gin. between the outside of the footpath on either side of the road and the nearest rail of the tramway shall be indicated by a thick dotted line on the plans on the side or sides of the line of tramway where such narrow [daces occur, as well as noted on the plans, and the width of the road at those places should also be marked on the plans. The preceding paragraph shall apply, in the case of a tramroad, wherever it is carried along a street or road. 45a. In the case of bills for constructing a subway the plans and sections shall indicate the height and width of the proposed subway and the nature of the approaches by which it is proposed to afford access to such subway. Standing Orders, com- pliance with which is to be proved before Examiners. Tramroads Plans, &c. in the case of subway bills. 106 PRIVATE BILL PROCEDURE. Standing ( brders, com- pliance with which i- to be proved before Examiners. Definition of improvement and limits of improvement area. Contents book of referenn Section. of Improvement, &c. of naviga- tions. Line of railway on em ction to correspond with upper Eturface of rails. Vertical mea- sure- to be marked at change of gradient. 156. In the case of bills continuing power to impose on any lands or houses, or to render any lands or houses liable to the imposition of any charge in respect of any improvement, the plan shall define the improvement, and also the improvement area (being the limits within which the charge may be imposed). Book of Reference. 46. The book of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and houses which may be taken compulsorily, or upon which any improvement charge is imposed, or which are rendered liable to have an improvement charge imposed upon them, and shall describe such lands and houses respectively. Sections. 47. The section shall be drawn to the same horizontal scale as the plan, and to a vertical scale of not less than one inch to every 100 feet, and shall show the surface of the ground marked on the plan, the intended level of the proposed work, the height of every embankment, and the depth of every cutting, and a datum hori- zontal line, which shall be the same throughout the whole length of the work, or any branch thereof respectively, and shall be referred to some fixed point (stated in writing on the section), near some portion of such work, and in the case of a canal, cut, navigation, public carriage road or railway, near either of the termini. 48. In cases of lulls for improving the navigation of any river, there shall be a section which shall specify the levels of both banks of such river ; and where any alteration is intended to be made therein, it shall describe the same by feet and inches, or decimal parts of a foot. 49. In every section of a railway the line of the railway marked thereon shall correspond with the upper surface of the rails. 50. Distances on the datum line shall be marked in miles and furlongs to correspond with those on the plan ; a vertical measure from the datum line to the line of the railway shall be marked in feet and inches, or decimal parts of a foot, at the commencement and termination of the railway, and at each change of the gradient or inclination thereof ; and the proportion or rate of inclination between every two consecutive vertical measures shall also be marked. STANDING ORDERS. 107 51. Wherever the line of the railway is intended to cross any Standing public carriage-road, navigable river, canal, or railway, the height SjMce tS3l" of the railway over or depth under the surface thereof, and the wn ieh is to be height and span of every arch of all bridges and viaducts, by which proved before the railway will be carried over the same, shall be marked in x ami figures at every crossing thereof ; and where the railway will be H e ; g ht of rail- carried across any such public carriage-road or railway, on the way over or level thereof, such crossing shall be so described on the section ; sl ^ ce U ^ r ^ dSi and it shall also be stated if such level will be unaltered. &c. to be 52. If anv alteration be intended in the water level of any marked, and „.,.. ,,. • bridges and canal, or in the level or rate of inclination of any public carriage- level cross i n g S . road or railway, which will be crossed by the line of railway, then Cross sect ; ons the same shail be stated on the section, and each alteration shall of roads, &c. be numbered ; and cross sections, in reference to the numbers, on c J^ e ^ he ™ a horizontal scale of not less than one inch to every 330 feet, and ra tes of inclina- on a vertical scale of not less than one inch to every 40 feet, shall tlon altered. be added, which shall show the present surface of such road, canal or railway, and the intended surface thereof when altered : and the greatest of the present and intended rates of inclination of the portion of such road or railway intended to be altered shall also be marked in figures thereon ; and where any public carriage-road is crossed on the level, a cross section of such road shall also be added, and all such cross sections shall extend for 200 yards on each side of the centre line of the railway. 53. Wherever the extreme height of any embankment, or the Embankments extreme depth of any cutting shall exceed five feet, the extreme and cuttings. height over or depth under the surface of the ground shall be marked in figures upon the section ; and if any bridge or viaduct of move than three arches shall intervene in any embankment, or if any tunnel shall intervene in any cutting, the extreme height or depth shall be marked in figures on each of the parts into which such embankment or cutting shall be divided by such bridge, viaduct, or tunnel. 54. Where tunnelling, as a substitute for open cutting, or a Tunnelling viaduct as a substitute for solid embankment, is intended, the same t° be^arked. shall be marked on the section, and no work shall be shown as tunnelling, in the making of which it will be necessary to cut through or remove the surface soil. junctions 55. When a railway is intended to form a junction with an gradient of existing or authorized line of railway, the gradient of such existing existing line or authorized line of railway shall be shown on the deposited on deposited section, and in connection therewith, and on the same scale as the section. 108 PRIVATE BILL PROCEDURE. Standing Orders, com- pliance with which is to be proved before Examiners. Estimate in Bills of the Second Class. Five per cent, or four per Cunt, of estimate to be deposited. which tions may L- posited in lieu ney. general section, for a distance of 800 yards on either side of the point of junction. 5. Estimates and Deposit of Money, and Declarations in Certain Cases. 50. An estimate of the expense of the undertaking under each bill of the second class shall be made and signed by the person making the same. 57. In the case of a railway bill, tramway bill, or subway bill, authorizing the construction of works by other than an existing railway company, tramway company, or subway company, incor- porated by Act of Parliament, possessed of a railway, tramway, or subway already opened for public traffic, and which has during the year last past paid dividends on its ordinary share capital, and which does not propose to raise under the bill a capital greater than its existing authorized capital, a sum not less than five per cent, on the amount of the estimate of expense, or in the case of substituted works, on the amount, by which the expense thereof* will exceed the expense of the works to be abandoned, and in the case of all bills other than railway bills, tramway bills, and subway bills, a sum not less than four per cent, on the amount of such estimate, or of such excess as aforesaid, shall, previously to the 15th day of .January, be deposited with the Paymaster-Greneral for and on behalf of the Supreme Court of Judicature in England, ii the work is intended to be done in England, or with the Pay- master-General for and on behalf of the Supreme Court of Judica- ture in England, or with the Queen's and Lord Treasurer's Remembrancer on behalf of the Court of Exchequer in Scotland, if the work is intended to be done in Scotland, or with the Accountant General of the Supreme Court of Judicature in Ireland, if the work is intended to be done iii Ireland. 5b. Where the work is to be made, wholly or in part, by means of funds, or out of money to be raised upon the credit of present surplus revenue, belonging to any society or company, or under the control of directors, trustees, or commissioners, as the case may be, of an\ existing public work, such parties being the promoters of the bill, a declaration statin-' those facts, and setting forth the nature of such control, and the nature and amount of such funds or surplus revenue, and showing the actual surplus of such funds or revenue, after deducting the funds required for purposes autho- rized by any Act or Acts of Parliament, and also the funds which STANDING ORDEKS. 109 may be required for any other work to be executed under any Standing bill in the same session, and given under the common seal of the 0rders > co ™- ' ° pliance ■with society or company, or under the hand of some authorized officer wn ich is to be of such directors, trustees, or commissioners, may be deposited, proved before and in such case no deposit of money shall be required in respect J ' ' of so much of the estimate of expense as shall be provided for by such surplus funds. 59. In cases of any bill under which do private or personal Cases in which pecuniary profit or advantage is to be derived, and where the ec ar ^ 10n work is to be made out of money to be raised upon the security f amount of of the rates, duties, or revenue already belonging to or under the rates . may ^ e control of the promoters, or to be created by or to arise under the bill, a declaration stating those facts, and setting forth the means by which funds are to be obtained for executing the work, and signed by the party or agent soliciting the bill, together with an estimate of the probable amount of such rates, duties, or revenue, signed by the person making the same, may be deposited, and in such case no money deposit shall be required. Bills brought from the House of Lords. 60. A copy of every railway bill, tramway bill, subway bill, Copyofrail- and canal bill, brought from the House of Lords shall be deposited 7*7' j ?: A ' . e r to be deposited in the office of the Board of Trade, not later than two days after at Board of the bill is read a first time. Trade. 60a. In the case of bills brought from the House of Lords, a Copy of Bill •copy of everv bill whereby application is made by or on behalf of lor contemr >g " . : , . ., powers, &c. any county council, municipal corporation, district council, or on municipal other local authority in England or Wales, for power in respect corporation, of any matter within the jurisdiction of the Local Government or anv local Board, and of^ every bill whereby any powers, rights, duties, capa- authority, to cities, liabilities, or obligations are sought to be conferred or ^ e deposited ' '_,.._ & • at office of imposed on any local authority in England or Wales in respect the Local of any matter within the iurisdiction of the Local Government Government Board, and of every bill relating to turnpike roads or trusts, 0<1 highways, or bridges, and of every bill to which Standing Order 38 applies, shall be deposited at the office of the Local Government Board not later than two days after the bill is read a first time. A copy of every bill which proposes to alter the boundary of the area of any county, urban district, parish, or any other administra- tive area, or which relates to any matter to which the Births and Deaths Registration Acts, 1836 to 1874, and any Act amending 110 PRIVATE BILL PROCEDURE. Standing Orders, com- pliance with ■which is to be proved before Examiners. Notices to be L'iveii and de- 1 osits made in cases where work is altered while Bill is in Parliament. the same, relate, shall be deposited at the General Register Office,. Somerset House, not later than two days after the bill is read a first time. A copy of every bill required to be deposited at the office of the Secretary of State for the Home Department under Standing Orders 33 and 33a shall be deposited at that office not later than two days after the bill is read a first time. A copy of every bill required to be deposited at the office of the Board of Agriculture under Standing Order 336 shall be deposited at that office not later than two days after the bill is read a first time. 61. Whenever during the progress through the House of Lords of any bill of the second class originating in that House, any alteration has been made in any work authorized by such bill, proof shall be given before the Examiners that a plan and section of such alteration, on the same scale, and containing the same particulars as the original plan and section, together with a book of reference thereto, has been deposited in the Private Bill Office, and with the clerk of the peace of every county, riding, or division in England or Ireland, and in the office of the sheriff clerk of every county in Scotland, in which such alteration is proposed to be made, and where any county in Scotland is divided into districts or divisions then also in the office of the principal sheriff clerk in and for each district or division in which such alteration is proposed to be made ; and that a copy of such plan and section, so far as relates to any of the areas mentioned in Standing Order 29, together with a book of reference thereto, has been deposited with the officers respectively mentioned in that Order, as the case may be, two. weeks previously to the introduction of the bill into this House ; and that the intention to make such alteration has been published previously to the introduction of the bill into this House once in the London, Edinburgh, or Dublin Gazette, as the case may be,, and for two successive weeks in some one and the same newspaper of the county in which such alteration is situate, and that applica- tion in writing, as nearly as may be in the form set forth in the Appendix, marked (A), was made to the owners or reputed owners,. Lessees or reputed lessees, or in their absence from the United Kingdom, to their agents respectively, and to the occupiers of lands through which any such alteration is intended to be made ; and the consent of such owners or reputed owners, lessees or reputed lessees, and occupiers, to the making of such alteration, shall be proved before the examiner. Compliance with this order shall not be necessary in the case of alterations made on petition or additional provision in the House of Lords. STANDING ORDERS. Ill Provisions relating to the Consents of Proprietors or Members Standing of Companies already constituted, and of Persons named D H a ^'^tii as Directors. which is to be __ -„ .... ... . , . -„■ ^ i i proved before 62. Every bill originating in this House, promoted by a Examiners. company already constituted by Act of Parliament, shall after the first reading thereof be referred to Examiners, who shall report as Meeting of to compliance or non-compliance with the following Order : — th ^ 6 °tf m The bill, as introduced, or proposed to be introduced, in certain bills this House, shall be submitted to the proprietors of such originating in ... • i, p , . this House. company at a meeting held specially tor that purpose. Such meeting shall be called by advertisement inserted once in each of two consecutive weeks in some one and the same newspaper published in London, Edinburgh, or Dublin, as the case may be, and in some one and the same news- paper of the county or counties in which the principal office or offices of the company is or are situate; and also by a circular addressed to each proprietor at his last known or usual address, and sent by post, or delivered at such address, not less than ten days before the holding of such meeting, enclosing a blank form of proxy, with proper instructions for the use of the same ; and the same form of proxy and the same instructions, and none other, shall be sent to every such proprietor ; but no such form of proxy shall be stamped before it is sent out, nor shall the funds of the company be used for the stamping any proxies, nor shall intimation be sent as to any person in whose favour the proxy may be granted, and no other circular or form of proxy relating to such meeting shall be sent to any proprietor from the office of the company, or by any director or officer of the company so describing himself. Such meeting shall be held not earlier than the seventh day after the last insertion of such advertisement, and may be held on the same day as an ordinary general meeting of the company. At such meeting the said bid shall he submitted to the pro- prietors aforesaid then present, and approved of by proprietors present in person or by proxy, holding at least three-fourths of the paid-up capital of the company represented by the votes at such meeting, such proprietors being qualified to vote at all ordinary meetings of the company in right of such cupital. The votes of proprietors of any paid-up shares or 112 PRIVATE BILL PROCEDURE. Standing I 'rd> re, com- pliance with which is to be proved before Examiners. Separate undertakings. Meeting of nirml" rs of limited com- panies, &c, in the case oi certain bills originating in this H' stock other than debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the bill, if tendered at the meeting shall be recorded separately. The names of the proprietors present in person at the meet- ing shall be recorded by the company. For this purpose the meeting, and any other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting. A poll may be de- manded by any proprietor present in person at the meeting. There shall be deposited at the Private Bill Office a state- ment of the number of votes if a poll was taken, and of the number of votes recorded separately. So far its any such bill relates to a separate undertaking in any company as distinct from the general undertaking, separate meetings shall be held of the proprietors of the com- pany and of the separate undertaking, and the provisions of this order applicable to meetings of proprietors of the com- pany shall, mutatis mutandis, apply to meetings of pro- prietors of the separate undertaking. 03. Every bill originating in this House, promoted by any company, society, association, or co-partnership formed or regis- tered under the Companies Act, TSG2, or constituted by Act of Parliament, royal charter, letters patent, deed of settlement, contract of co-partnery, cost book regulations, or other instrument, and under the management of a committee, or directors or trustees (and not being a company to which the preceding Order applies) shall, alter the first reading thereof, be referred to the Examiners, who shall report as to compliance or non-compliance with the following order : In the case of a company formed or registered under the Companies Act, 18(32, The bill as introduced or proposed to be introduced in this House -hall lie approved by a special resolution of the company. In the case of any other such company, society, associa- tion, oi- co-| artnership as aforesaid, The bill as introduced or proposed to be introduced in this House .-hall he consented to by a majority of three- fourths in number and (where applicable) in value of the proprietors or members of such company, society, association, or co-partnership present, in person or by proxy, at ameeting convened, with notice of the business to be transacted, and STANDING ORDERS. 113 voting at such meeting ; such consent to be certified in writ- ing by the chairman of the meeting. A copy of such special resolution or certificate of consent shall be deposited in the Private Bill Office. The names of the proprietors or members present in person at the meeting shall be recorded by the company, society, association or co-partnership. For this purpose the meeting, and anv other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting. A poll may be demanded by any one proprietor or member present in person at the meeting, notwithstanding any provi- sion to the contrary contained in any instrument constituting or regulating the company, society, association, or co-part- nership. If a poll is taken, there shall be deposited in the Private Bill Office a statement of the number of votes. So far as any such bill relates to a separate class of pro- prietors or members of any company, society, association, or co-partnership, as distinct from the proprietors or members generally, such bill shall be approved or assented to by the proprietors or members generally, and also by the separate class of proprietors or members, and the provisions of this Order applicable to the proprietors or members generally, shall, mutatis mutandis, apply to the separate class of pro- prietors or members. 64. In the case of every bill brought from the House of Lords in which provisions have been inserted in that House, empowering the promoters thereof, being a company already constituted by Act of Parliament, to execute, undertake, or contribute towards any work other than that for which it was originally established, or to sell or lease their undertaking, or any part thereof, or to enter into any agreements with any other company for the working, mainte- nance, management, or use of the railway or works of either com- pany, or any part thereof, or to amalgamate their undertaking, or any part thereof with any other undertaking, or to purchase any other undertaking, or part thereof, or any additional lauds, or to abandon their undertaking, or any part thereof, or to dissolve the said company, or in which any such provisions originally contained in the bill have been materially altered in that House, or in which anv such powers are conferred on any company not being the Standing Orders, com- pliance with which is to he proved hefore Examiners. Meeting of proprietors in the case of certain hills originating in the House of Lords. 1 l-i PRIVATE BILL PROCEDURE. Standing promoters of the bill, the Examiner shall report as to compliance or Orders, com- non-compliance with the following Order :— pliance with l _ ° which is to be The bill as introduced or proposed to be introduced into proved before this House, shall be submitted to the proprietors of any such Examiners. .... . ,, „ . J company, at a meeting held specially for that purpose. Such meeting shall be called by advertisement, inserted once in each of two consecutive weeks in some one and the same newspaper published in London, Edinburgh, or Dublin, as the case may be, and in some one and the same newspaper of the county or counties in which the principal office or offices of the company is or are situate; and also by a cir- cular addressed to each proprietor at his last known or usual address, and sent by post, or delivered at such address, not less than ten days before the holding of such meeting, enclos- ing a blank form of proxy, with proper instructions for the use of the same ; and the same form of proxy, and the same instructions, and none other, shall be sent to every such proprietor ; but no such form of proxy shall be stamped before it is sent out, nor shall the funds of the company be used for the stamping any proxies, nor shall intimation be sent as to any person in whose favour the proxy may be granted, and no other circular or form of proxy relating to such meeting shall be sent to any proprietor from the office of the company, or by any director or officer of the company so describing himself. Such meeting shall be held not earlier than the seventh day after the last insertion of such advertisement, and may be held on the same day as an ordinary general meeting of the company. At such meeting the said bill shall be submitted to the proprietors aforesaid then present, and approved by proprie- tors present in person or by proxy, holding at least three- fourths of the paid-up capital of the company represented by the votes at such meeting, such proprietors being qualified to vote at all ordinary meetings of the company in right of such capital. The votes of proprietors of any paid-up shares or *tock other than debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the bill, if tendered at the meeting, shall be recorded separately. The names of the proprietors present in person at the meet- ing shall be recorded by the company. For this purpose the meeting, and any other consecutive meetings, whether STANDING ORDERS. 115 general or special, and whether preceding or following it, shall Standing be deemed to be the same meeting. A poll may be demanded pii an ce with by any proprietor present in person at the meeting. which is to be There shall be deposited at the Private Bill Office a state- Proved before r _ Examiners. ment of the number of votes if a poll was taken, and of the number of votes recorded separately. So far as any such bill relates to a separate undertaking in any Separate company as distinct from the general undertaking, separate meet- un ° ' ings shall be held of the proprietors of the company and of the separate undertaking, and the provisions of this Order applicable to meetings of proprietors of the company shall, mutatis mutandis, apply to meetings of proprietors of the separate undertaking. 65. In the case of every bill brought from the House of Lords, ^ eet ing of , . , . . , . . ■■ • i . i-r . members of in which provisions have been inserted in that House empowering limited com- or requiring any company, society, association, or co-partnership, panies, &c, in formed or registered under the Companies Act, 1SG2, or constituted tlie case ?{ „ _ . certain bills by Act of Parliament, royal charter, letters patent, deed of settle- originating in ment, contract of co-partnery, cost book regulations, or other tne House of instrument or iustruments, and under the management of a com- mittee, or directors cr trustees, and not being a company to which the preceding Order applies, to do any act not authorized by the memorandum and articles of association of such company, or other instrument constituting or regulating such company, society, asso- ciation, or co-partnership, or authorizing or enacting the abandon- ment of the undertaking, or any part of the undertaking, of any such company, society, association, or co-partnership, or the disso- lution thereof, or in which any such provisions originally contained in the bill have been materially altered in that House, or by which any such powers are conferred on any company, society, associa- tion, or co-partnership, not being the promoters of the bill, the Examiner shall report as to compliance and non-compliance with the following Order : In the case of a company formed or registered under the Companies Act, 1862. The bill as introduced or proposed to be introduced into this House shall be approved by a special resolution of the company. In the case of any other such company, society, associa- tion, or co-partnership as aforesaid, The bill as introduced or proposed to be introduced in this House shall be consented to by a majority of three-fourths in number and (where applicable) in value of the proprietors or 116 PRIVATE BILL PROCEDURE. Standing < Orders, com- pliance with ■which is to lie proved before Examiners. members of such company, society, association, or co-partner- ship present, in person or by proxy, at a meeting convened with notice of the business to be transacted and voting at such meeting, such consent to be certified in writing by the chairman of the meeting. A copy of such special resolution or certificate of consent shall be deposited in the Private Bill Office. Provided always, that if by the terms of such special resolution or consent the bill as introduced or proposed to be introduced into the House of Lords shall have been approved or consented to, subject to such additions, altera- tions, and variations as Parliament may think fit to make therein, then it shall not be necessary for the purposes of this order to obtain any further approval or consent in respect of any provisions inserted in the bill in the House of Lords : Provided nevertheless that it shall be competent for the committee on the bill, if they think fit, having regard to the nature and effect of such provisions, to require any further evidence of the approval or consent to such provi- sions on the part of the shareholders or members of the company, society, association, or co-partnership. The names of the proprietors or members present in person at the meeting shall be recorded by the company, societv. association, or co-partnership. For this purpose the meeting, and any other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting. A poll may be demanded by any one proprietor or member present in person at the meeting, notwithstanding any provi- sion to the contrary contained in any instrument constituting or regulating the company, society, association, or co-part- nership. If a poll is taken, there shall be deposited in the Private Bill Office a statement of the number of votes. So far as any such bill relates to a separate class of pro- prietors or members of any company, society, association, or co-partnership as distinct from the proprietors or members generally, such bill shall be approved or assented to by the proprietors or members generally, and also by the separate class of proprietors or members ; and the provisions of this order applicable to the proprietors or members generally STANDING ORDERS. 117 shall, mutatis mutandis, apply to the separate class of pro- Standing prietors or members. ^ _ p We wTh (3(5. When any bill as introduced into Parliament, or as which is to be amended, or proposed to be amended, on petition for additional proved before . . . . . , . . . Examiners. provision, contains a provision authorizing any company incor- porated by Act of Parliament, or any class of holders of share or Consent of loan capital in any such company, to subscribe or to alter the terms proprietors of or conditions of any subscription towards, or to guarantee or to ^ com P^ n y raise any money in aid of the undertaking of another company rized to be (which bill is not brought in by the company so authorized, or of raised in aid of which such company is not a joint promoter), proof shall be re- f another quired before the Examiner before the second reading in this company. House, if such provision is contained in the bill as introduced into Parliament, that the company, or the class of holders of share or loan capital, so authorized has consented to such subscription, alteration, guarantee, or raising of money, at a meeting of the pro- prietors of the company, or of any such class of holders of share or loan capital, as the case may be, held specially for that purpose, in the same manner and subject to the same provisions as the meeting directed to be held under Standing Order 64 ; and in case such provision is contained in the bill as introduced into Parliament, that the notices for the bill state the specific sum, if any, proposed Petition for to he subscribed, or guaranteed or raised, or the alteration of the prov i s i on terms or conditions of the subscription, as the case may be, or in case such provision shall be proposed to be inserted in the bill, on a petition for additional provision that notices stating the specific sum, if any, proposed to be subscribed, or guaranteed or raised, or the alteration of the terms or conditions of the subscription, as the case may be, and stating that the consent of the company, or of such class of holders of share or loan capital, has been given as aforesaid, have been published once in the London, Edinburgh, or Dublin Gazette, as the case may be, and in the county newspapers in which the notices for the bill were published, for two successive weeks during the six weeks immediately preceding the presentation of such petition for additional provision ; in any case in which such consent has been given, it shall not be necessary to submit the bill, in respect of such provision as aforesaid, to the approval of a meeting to be held in accordance with Standing Order 64. 67. When in any railway bill originating in this House a pro- Railway Bills vision is contained by which the pavment of any moneys is charging pay- , . ^, . A , . -i t . ments on grand directly or contingently charged upon grand jury cess, or any jury cess or other local rate in Ireland, by means of a guarantee or otherwise, local rate in I 118 PRIVATE BILL PROCEDURE. Standing Orders, com- pliance with ■which is to be proved before Examiners. Ireland to be submitted to and approved by grand jury or local autho- rity. Notice of bill to grand jury or local authority. Limit of time for bill to be subm ; ' and present- ment or resolu- tion to be ited in Private Li 11 Office. .,t of PS, & C. . named in a Bill, to be prove 1. such bill shall, sifter the first reading thereof, be referred to the Examiners, who shall report as to compliance or non-compliance with the following order: — A copy of the bill, as deposited in the Private Bill Office, shall be submitted to the grand jury or other authority empowered to present such grand jury cess, or to make such local rate, and according as the payment of any moneys is by the said bill pro- posed to be charged upon a county at large, or upon one or more baronies in any county, or upon any part or parts of any barony or baronies, such bill shall also be submitted to the presentment sessions for such county at large, or for such barony or baronies, as the case may be, and also to the poor law guardians of every union in which any lands proposed to be charged with the pay- ment of any moneys are situate. Notice of the intention to submit a copy of such bill to such grand jury or other authority, and to such presentment sessions and board of guardians, shall be given ten days previously to sub- mitting the same to the secretary or clerk of such grand jury or authority, or presentment sessions and board of guardians, and shall be advertised once in each of two consecutive weeks in some one and the same morning newspaper published in Dublin, and in some one and the same newspaper published in the county upon which, or upon any barony or baronies in which it is pro- posed by the bill to impose any local rate or charge, or if in such county no newspaper is published, then in some one and the same newspaper published in any adjoining county. A copy of such bill shall be so submitted not earlier than six months before the time fixed for the deposit of such bill, and not earlier than the seventh day after the last insertion of such adver- tisement ; and shall be approved by a majority of the members of the grand jury or authority, presentment sessions, and board of guardians respectively, then present and voting thereon, and the presentment or resolution of each of the said bodies approving the same shall be deposited at the Private Bill Office, together with a statement under the hand of the foreman, chairman, or other person presiding when such presentment was made, or such reso- lution was passed, of the number of the members then present and voting. 68. When in any bill brought from the House of Lords for the purpose of establishing a company for carrying on any work or undertaking, any person is specified as manager, director, proprietor, or otherwise concerned in carrying such bill into effect, proof shall STANDING ORDERS. 119 be required before the Examiner that such person has subscribed his name to the petition for the bill, or to a printed copy of the bill, as brought up to this House. III.— PROCEEDINGS OF, AND IN RELATION TO, Proceedings THE EXAMINERS. w °* Examiners. Reference of Bills, &c, to, and Duties of, and Practice before Examiners. 69. The examination of the petitions for private bills which When examina- shall have been duly deposited iu the Private Bill Office, shall ^co"^^^ 0118 commence on the 18th day of January, in such order and accord- ing to such regulations as shall have been made by Mr. Speaker.^) 70. One of the Examiners shall give at least seven clear days' Notice to be notice in the Private Bill Office of the day appointed for the thlExamTnerf examination of each petition which shall have been duly deposited of day ap- in the Private Bill Office ; and in case the promoters shall not P omt ? d Ior , . , , ••!,, , examination. appear at the time when the petition shall come on to be heard, the Examiner to whom the case shall have been allotted shall strike the petition off the general list of petitions, and shall not re-insert the same, except by order of the House. 71. The examiner shall certify by indorsement on each petition Examiner to whether the Standing Orders have or have not been complied with • indorse P etl_ i i ,i i A i i« i • <■ i , ,, tion, and when and, when they have not been complied with, he shall also report Standing to the House the facts upon which his decision is founded, and any Orders not special circumstances connected with the case. complied with, r m to report. 72. All petitions for additional provision in private bills, with Petitions for the proposed clauses annexed, and all private bills brought from additional the House of Lords, and all bills introduced by leave of the House provision a U d in lieu of other bills which shall have been withdrawn, and all bills from Lords &c to confirm any provisional order or provisional certificate, after to be referred having been read a first time, shall be referred to the Examiners. tc l E * ai ? mer ° 'of petitions. and the Examiner shall report to the House whether the Standing Orders have or have not been complied with, and when they have not been complied with, the facts upon which his decision is founded, and any special circumstances connected with the case, and in the case of any bill which, in pursuance of any report from the chairman of the Committee of Ways and Means, has originated ( x ) See the Regulations and Notice, post, pp. 322, 323, and the Resolutions, ■post, p. 324, put out by the Select Committee on Standing Orders. These and the Standing Orders regulate the practice. I 2 120 PRIVATE BILL PROCEDURE. Proceedings of Examiners. Notice in cases of petitions for additional pro- vision in Pri- vate Pill-. &c Memorial com- plaining of non- compliance. Proprii ting at meeting under Orders 62 to 66 may petition and be heard. Proof by affidavit. To report in t bills original th> I. in the House of Lords, the compliance with snch Standing Orders only as shall not have been previously inquired into shall be proved. 73. In all cases of petitions for additional provision in private bills and of private bills brought from the House of Lords, and of bills introduced by leave of this House in lieu of other bills which shall have been withdrawn, and of bills for confirming any pro- visional order or certificate, the Examiner shall give at least two clear days' notice in the Private Bill Office of the day on which the same will be examined ; but, in the case of a bill for confirm- ing any provisional order or certificate, he shall not give such notice until after the bill has been printed and circulated. 74. Any parties shall be entitled to appear and to be heard, by themselves, their agents and witnesses, upon a memorial addressed to the Examiner, complaining of a non-compliance with the stand- ing orders, provided the matter complained of be specifically stated in such memorial, and the party (if any) who may be speciallv affected by the non-compliance with the Standing Orders have signed such memorial and shall not have withdrawn his signature thereto, and such memorial have been duly deposited in the Private Bill Office. 75. In case any proprietor, shareholder, or member of or in any company, society, association, or co-partnership shall by him- self, or any person authorised to act for him in that behalf, have dissented at any meeting called in pursuance of standing orders 62 to 6(3. such proprietor, shareholder, or member shall be permitted to be heard by the Examiner of Petitions, on the compliance with such Standing Order, by himself, his agents and witnesses, on a memorial addressed to the Examiner, such memorial having been duly deposited in the Private Bill Office. 76. The Examiner may admit affidavits in proof of the compli- ance with the Standing Orders, or may require further evidence ; and such affidavit shall be sworn, if in England, before a justice of the peace, or a commissioner to administer oaths in the Supreme Court of Judicature ; if in Scotland, before any sheriff depute or his substitute, or a justice of the peace; and if in Ireland, before any judge or assistant barrister of that part of the United King- dom, or before a justice of the peace. 77. The Examiner shall make a report on the several cases in which he shall have certified that the Standing Orders have or have not been complied with in respect of any bills which, in pursuance of any report from the chairman of the Committee of Ways and STANDING ORDERS. 121 Means, under Standing Order 79, shall originate in the House of Proceedings Lords ; and where they have not been complied with, he shall also °f report, separately, the facts upon which his decision is founded, and ' s * any special circumstances connected with the case. Special report 78. In case the Examiner shall feel doubts as to the due con- ™ certain cases, struction of any Standing Order in its application to a particular case, he shall make a special report of the facts, without deciding whether the Standing Order has or has not been complied with ; and in such case he shall indorse the petition with the words "special report," either alone, or if non-compliances with other Standing Orders shall have been proved, in addition to the words " Standing Orders not complied with." Proceedings of, and in relation to, the Chairman op the Proceedings Committee of Ways and Means, and the Counsel to «, • e Chairman of Mr. Speaker. Ways and 79. The Chairman of the Committee of Ways and Means shall, Means. at the commencement of each session, seek a conference with the ™ . m • p /-, • p i -rr p -r p Chairman of Chairman or Committees ot the House or Lords for the purpose Ways and of determining in which House of Parliament the respective private Means to seek bills should be first considered, and such determination shall be a vi thef 1106 reported to the House. Chairman of 80. The Chairman of the Committee of Ways and Means, with Committees the assistance of the counsel to Mr. Speaker, shall examine all Lords. private bills, whether opposed or unopposed, and call the attention Chairman of of the House, and also of the Chairman of the Committee on every Ways and opposed private bill, to all points which may appear to him to examine all require it ; and copies of all such bills shall be laid by the agent Private Bills, before the said chairman and counsel not later than the day after the cScc- Examiner of Petitions shall have indorsed the petition for the bill. 81. The Chairman of the Committee of Ways and Means shall Chairman of make a report to the House previously to the second reading of Ways and any private bill by which it is intended to authorize, confirm, or port on bills alter any contract with anv department of the Government whereby relating to . ,. , i . * , iii G-overnment a public charge has been or may be created ; and such report, to- contracts. gether with a copy of the contract, and of any resolution to be proposed in relation thereto, shall be circulated with the votes two clear days at least before the day on which the resolution is to be considered in a committee of the whole House, which considera- tion shall not take place until after the time of private business ; nor shall the report of any such resolution be considered until three clear days at least after the resolution shall have been agreed to by the committee. 122 PRIVATE BILL PROCEDURE. Proceedings of Chairman of Ways and Means. Copies of Bill, as proposed to be submitted to Committer, to be laid before Chairman of Ways and Means, &c Power to chairman to import special circumstances, (fee, to the House. Copy of bill as amended in committee to be laid before Chairman of Way- and Mean-. &c. Clause OT amendment mi com tion of Bill, or on Third Beading) to be *ulil:ii' - Chairman of Ways and Means, &c. Copy of Amendments by J louse of I . and of proposed 82. Two clear days at least before the day appointed for the consideration of any private bill by a committee, there shall be laid before the Chairman of Ways and Means and the counsel to Mr. Speaker, by the agent, copies of every such bill as proposed to be submitted to the committee, and such copies shall be signed by the agent for the bill. 83. The Chairman of the Committee of Ways and Means shall be at liberty, at any period after any private bill shall have been referred to a committee, to report to the House any special circum- stances relative thereto which may appear to him to require it, or to inform the House that in his opinion any unopposed private bill should be treated as an opposed private bill. 84. Three clear days at least before the consideration of any private bill ordered to lie upon the table, a copy of every such bill, as amended in committee, shall be laid by the agent before the Chairman of the Committee of Ways and Means aud the counsel to Mr. Speaker, and deposited at the office of Her Majesty's Trea- sury, at the General Post Office, and at the office of the Board of Trade ; and in the case of every bill required by Standing Orders 33, 33a, and 60a, to be deposited on or before the 21st day of December at the office of the Secretary of State for the Home Department, at the office of the Secretary of State for the Colonies, at the office of the Secretary for Scotland, at the office of the Local Government Board, at the office of the Board of Agriculture, at the office of the Education Department, or of the Scotch Education Department, at the office of the Commissioners of Her Majesty's Works and Public Buildings, at the office of Her Majesty's Woods, Forests, and Land Revenues, and at the office of the Duchy of Cornwall or the Duchy of Lancaster, a copy of such bill, as amended in committee, shall also be deposited at those offices respectively. t?5. When it is intended to bring up any clause, or to propose any amendment on the consideration of any private bill ordered to lie upon the table, or any verbal amendment on the third reading of any private bill, the same shall be submitted by the agent to the Chairman of the Committee of Ways and Means and the counsel to Mr. Speaker, on the day on which notice is given thereof in the private bill office. 80. A copy of all amendments made in the House of Lords to any private bill, and of all amendments to such amendments in- tended to be proposed in this House, shall be laid by the agent before the Chairman of the Committee of Ways and Means and STANDING ORDERS. 123 the counsel to Mr. Speaker, before two o'clock on the day pre- Amendments vious to that on which the same are respectively appointed for thereto, to be laid before consideration by the House. Chairman of Ways and Proceedings of, and in relation to, the Referees on Means, &c. Private Bills. Proceedings of Referees on 87. The Chairman of Ways and Means, with not less than Private Bills. thiee other persons, who shall be appointed by Mr. Speaker for Referees on such period as he shall think fit, shall be Referees of the House Private Bills to on private bills ; such Referees to form one or more courts ; three be constltut ed. at least to be required to constitute each court : provided that the chairman of any second court shall be a member of this House ; and provided that no such Referee, if he be a member of this House, shall receive any salary. 88. The practice and procedure of the Referees, their times of Rules of prac- sitting, order of business, and the forms and notices required in tic . e and PF°" *=' ' 1 cedure to be their proceedings, shall be prescribed by rules, to be framed by ma ,i and in relation to the Committee of Selection, and of the General Committee on Kail- way and Canal Bills. 98. There shall be a committee, to be designated " The Com- mittee of Selection," to consist of the Chairman of the Select STANDING ORDERS. 125 Committee on Standing Orders, who shall be ex- officio chairman Proceedings thereof, and seven other members, who shall be nominated at the °^. P . r> i • i • i i ii Committee commencement or every session, of which committee three shall f be a quorum. Selection, &c. 99. There shall be a committee, to be designated " The General Committee on Railway and Canal Bills," which shall be Ge * eral c ° m .- J ' mittee on Rail- nominated at the commencement of every Session by the Committee way and Canal of Selection, of which committee three shall be a quorum. Bills. 100. The Committee of Selection may, from time to time, Committee of discharge members from further attendance on such General Com- discharge mittee, and add other members in their room, and shall appoint the members and chairman of such committee. a ^ others. 101. The General Committee on Railway and Canal Bills General shall appoint from among themselves the chairman of each com- Committee „ to appoint mittee on a railway or canal bill, or on a group of such bills, and Chairman. may change the chairman so appointed from time to time. 102. Printed copies of all private bills, not being railway or Printed copies canal bills, shall be laid before the Committee of Selection. ° f J"llstobe j p ' aK '- before and printed copies or all railway and canal bills before the Committee of General Committee on Railway and Canal Bills, by the parties Selection and promoting the same, at the first meeting of the said committees j^ttes ° m " respectively. 103. The Committee of Selection may, if they think fit, form Committee of into groups all private bills, not being railway or canal bills, and Selection and the General Committee on Railway and Canal Bills may form into m j ttee to group groups all railway and canal bills, which, in their opinion, it may private bills. be expedient to submit to the same committee, and such groups shall be published in the votes. 104. The General Committee on Railway and Canal Bills may, Railway and whenever they shall think fit, refer any unopposed railway or canal canal uno P- bill to the Chairman of the Committee of Ways and Means, together with two other members not locally or otherwise inter- ested, or one such member and a referee, to be nominated by the Committee of Selection. 105. The Committee of Selection in the case of all private Committee of bills other than railway and canal bills, and the General Com- Selection and mittee on Railway and Canal Bills in the case of such bills, shall, m^tee on subject to the Order in regard to the interval between the second railway, &c. reading of every private bill and the sitting of the committee kills to appoint ° J L & first sitting of thereupon, fix the time for holding the first sitting of every com- committee. mittee on a private bill which shall have been referred to either of the said committees. 126 PRIVATE BILL PROCEDURE. Proceedings of Committee of Selection. iS:c. Committee of Selection and General Com- mittee to name bill or bills to be considered on the first day. What bills not to be considered opposed. Constitution of committees on opposed private bills. Constitution of committees on unopposed private bills. Commit Selection to refer all road bills to a com- mittee. Committee of Selection to give notice to meml ■ ■ of appointment and declaration 106. The Committee of Selection shall name the bill or hill* which shall be taken into consideration on the first day of the meeting of the committee on any group of bills not being railway or canal bills ; and the General Committee on Railway and Canal Bills shall name the bill or bills which shall be taken into con- sideration on the first day of the meeting of each committee on any group of such bills. 107. The Committee of Selection shall consider no bill as an opposed private bill, unless, not later than ten clear days after the first reading thereof, a petition shall have been presented against it, in which the petitioner or petitioners shall have prayed to be heard, by themselves, their counsel or agents, or unless, where no such petition shall have been presented, the Chairman of the Com- mittee of Ways and Means shall have reported to the House that in his opinion any bill ought to be so treated. 108. The Committee of Selection shall refer every opposed private bill which shall have been referred to them, or any group of such bills, to a chairman and three members, and a referee or a chairman and three members, not locally or otherwise interested therein. 109. The Committee of Selection shall refer every unopposed private bill, which shall have been referred to them, not being a road bill, to the Chairman of the Committee of Ways and Means,, together with one of the members ordered to prepare and bring in the same, and one other member not locally interested therein, or a referee, if the bill shall have originated in this House ; and if the bill shall have been brought from the House of Lords, to the Chair- man of the Committee of Ways and Means, together with two other members, of whom one at least shall not be locally or otherwise interested therein, or one member and a referee. 110. The Committee of Selection shall refer all road bills,, whether opposed or unopposed, to a committee, consisting of a chairman and three other members not locally or otherwise in- terested therein. 111. The Committee of Selection shall give each member not less than seven days' notice, by publication in the votes or other- wise, of the week in which it will be necessary for him to be in attendance for the purpose of serving, if required, as a member,, not locally or otherwise interested, of a committee on a private bill. 112. The Committee of Selection shall give to each member sufficient notice of his appointment as a member of a committee on STANDING ORDERS. 127 any private bill, or group of such bills, and, in every case where a Proceedings declaration is required to be signed and returned by such member, of shall transmit to him a blank form of the declaration required, with of a request that it may forthwith be returned properly filled up and Selection, &c. signed. . , __ . to be trans- 113. The Committee of Selection shall report to the House the m i tte a t o name of every member from whom they shall not have received in members. due time such declaration, so filled up and signed, or, in lieu Members re- thereof, an excuse which they shall deem sufficient. answef to°be 114. The Committee of Selection shall have the power of dis- reported. charging any member or members of a committee, and of substi- Committee of tuting other members. Selection may 1 1 5. The Committee of Selection shall have power, in the exe- mem k ers f or cution of their duties, to send for persons, papers, and records. others. Committee of Proceedings of Committees on Opposed Bills. Selection to 116. The committee on every opposed railway and canal bill, ^sons 1 &c. or group of railway and canal bills, shall be composed of four Comm j ttees on members and a referee, or four members not locally or otherwise railway and interested in the bill or bills referred to them ; the chairman to be canal mlls - appointed by the General Committee on Railway and Canal Bills, and three other members by the Committee of Selection. 117. The committee on every opposed private bill (not being a Committees railway, canal or divorce bill), or group of bills, and the committee ^J^ kjjjg on any bill to confirm any provisional order or provisional certifi- cate, shall be composed of a chairman and three members and a referee, or a chairman and three members not locally or otherwise interested in the bill or bills referred to them, to be appointed by the Committee of Selection. 118. Each member of a committee on an opposed private bill, Declaration or group of such bills, shall, before he be entitled to attend and of members. vote on such committee, sign the following declaration : I do hereby declare, that my constituents have no local interest, and that I have no personal interest, in such bill ; and that I will never vote on any question which may arise without having duly heard and attended to the evidence re- lating thereto. And no such committee shall proceed to business until the said declaration shall have been so signed by each of such members. 119. Committees shall not be allowed to proceed if more than Quorum to be one of their members be absent, unless by special leave of the always present. House. 12S PRIVATE BILL PROCEDURE. Proceedings of Committees on Opposed Bills. Members not to absent themselves. When chair- man absent. Proceedings to 1 e suspended if quorum not present. Members absent to be reported to the House. Absence of meml»r- by death or otherwise to be reported. Questions to ded by majority of voices. Committer on group to con- sider that 1 j i 1 1 •'. hich Committee of Selection or General Com- mittee -hall have named, 120. Xo member of a committee on an opposed private bill shall absenl himself from his duties thereon, except in the case of sickness, or by order of the House. 121. If the chairman shall be absent from the committee, the member next in rotation on the list of members who shall be present shall act as chairman, but in the case of railway and canal bills only until the general committee on such bills shall have ap- pointed, if they shall so think fit, another chairman. 122. If at any time during the sitting of any committee more than one of the members be absent, the chairman shall suspend the proceedings of such committee ; and if at the expiration of one hour from the time fixed for the meeting of the committee, or from the time when the chairman shall so have suspended the pro- ceedings, more than one member be absent, the committee shall be adjourned to the next day on which the House shall sit, and then shall meet at the hour on which such committee would have sat, had no such adjournment taken place. 123. If any of the members shall not be present within one hour after the time appointed for the meeting of the committee, or if any member shall absent himself from his duties on such com- mittee, every such member shall be reported to the House at its next sitting. 124. If, at any time after the committee on a bill shall have been formed, a quorum of members required by the Standing Orders cannot attend in consequence of any of the members who shall have duly qualified to serve on such committee having become incompetent to continue such service by death or other- wise, the chairman shall report the circumstances of the case to the House, in order that such measures may be taken by the House as shall enable the members still remaining on the committee to pro- ceed with the business referred to such committee, or as the emer- gency of the case may require. 125. All questions before committees on private bills shall be decided by a majority of voices, including the voice of the chair- man; and whenever the voices are equal, the chairman shall have a second or casting vote. 126. The committee on each group of bills shall take the bill or bills first into consideration which shall have been named by the Committee of Selection, or by the General Committee on Railway and Canal Bills ; and the committee shall, from time to time, appoint the day on which they will enter upon the consideration of each of the remaining bills, and on which they will require the parties STANDING ORDERS. 129 severally promoting or opposing the same to enter appearances ; Proceedings and two clear days' notice, at the least, of such appointment, shall of be given by the clerk attending the committee to the clerks in the Com ™ ittees Private Bill Office ; and in case the committee shall postpone the ' Opposed Bills. consideration of any bill, notice shall be given of the day to which the same is postponed. ; l nd t0 a PP°int i o/- -n • da y f° r con " 12/. & very committee on an opposed private bill shall report sideration of specially to the House the cause of anv adjournment over any day remaini ng on which the House shall sit. Jft °J which clerk of com- 128. No petition against a private bill, or bill to confirm any mittee to give provisional order or provisional certificate, shall be taken into con- notiee ' sideration bv the committee on such bill, which shall not distinctly C f. uses of ... ,. . . . . , . . ' v adjournment specify the ground on which the petitioners object to any of the to be specially provisions thereof ; and the petitioners shall be only heard on such re P°rted. grounds so stated ; and if it shall appear to the said committee Pet j tion . that such grounds are not specified with sufficienct accuracy, the S'to be eon- committee may direct that there be given in to the committee a sidered except more specific statement, in writing, but limited to such grounds of Squids of , . . , .„ , to objection objection so inaccurately specified. sufficiently 129. No petitioners against any private bill, or any bill to con- specified, firm any provisional order or provisional certificate, shall be heard Petitioners before the committee on the bill, unless their petition shall have not'to be' 11 been prepared and signed in strict conformity with the rules and beard unless orders of this House, and shall have been presented to this House P etition P re - by having been deposited in the Private Bill Office, in rhe case of later than ten private bills, not later than ten clear days after the first reading of clear da y s afte ? such bill, and in the case of bills to confirm any provisional order ^ St readin §' or provisional certificate, not later than seven clear days after the Examiner shall have given notice of the day on which the bill Avill be examined, except where the petitioners shall complain of any matter which may have arisen during the progress of the bill before the said committee, or of any proposed additional provision, or of the amendments as proposed in the filled-up bill deposited in the Private Bill Office. 130. It shall be competent to the referees on private bills to Competition to admit petitioners to be heard upon their petitions against a nrivate ^ e a 8 T0Und of i-ii xi ip • • . p i •.„,-. , locus standi. bill, on the ground of competition, if they shall think fit. 131. Where a bill is promoted by an incorporated company, In what cases shareholders of such company shall not be entitled to be heard shareholders , Al . .,,.„, to be beard, before the committee against such bill, unless their interests, as affected thereby, shall be distinct from the general interests of such company. 130 PRIVATE BILL PROCEDURE. Proceedings of Committees on Opposed Bills, Dissenting shareholders to be heard. In what cases railway com- panies to be heard. Chambers of commerce, &c, may be heard in relation to rates and fares, Chambers of agriculture, Sec., rn heard if injuriously affected. Municipal authorities and inhabitants of . See. 132. In case any proprietor, shareholder, or member of or in any company, society, association, or co-partnership, shall by him- self or any person authorized to act for him in that behalf, have dissented at any meeting called in pursuance of Standing Orders 62 to 66, or at any meeting called in pursuance of any similar Standing Order of the House of Lords, such proprietor, share- holder, or member shall be permitted to be heard by the committee on the bill on a petition presented to the House, such petition having been duly deposited in the Private Bill Office. 133. Where a railway bill contains provisions for taking or using any part of the lands, railway, stations, or accommodations of another company, or for running engines or carriages upon or across the same, or for granting other facilities, such company shall be entitled to be heard upon their petition against such pro- visions or against the preamble and clauses of such bill. 133a. Where a chamber of commerce or agriculture, or other similar body, sufficiently representing a particular trade or business in any district to which any railway bill relates, petition against the bill, alleging that such trade or business will be injuriously affected by the rates and fares proposed to be authorized by the bill, or is injuriously affected by the rates and fares already autho- rized by Acts relating to the railway undertaking, it shall be competent to the referees on private bills, if they think fit, to admit the petitioners to be heard, on such allegation, against the bill, or any part thereof, or against the rates and fares authorized by the said Acts, or any of them. The provisions of this Order relative to rates and fares already authorized, extend to traders and freighters, and to a single trader, in any case where a locus standi would have been allowed to them or him, if this Order had not been made. Nothing in this Order shall authorize the referees to entertain any question within the jurisdiction of the railway commissioners. 1336. Where a chamber of agriculture, commerce, or shipping, or a mining or miners' association, sufficiently representing the agriculture, trade, mining, or commerce in any district to which any bill relates, petition against the bill, alleging that such agri- culture, trade, mining, or commerce will be injuriously affected by the provisions contained therein, it shall be competent to the re- ferees on private bills, if they think fit, to admit the petitioners to be heard on such allegations against the bill or any part thereof. 134. It shall be competent to the referees on private bills to admit the petitioners, being the municipal or other authority STANDING ORDERS. 131 having the local management of the Metropolis, or of any town, Proceedings or the inhabitants of any town or district alleged to be injuriously °f affected by a bill, to be heard against such bill, if they shall on think fit. Opposed Bills. 134a. The municipal or other local authority of any town or district alleging in their petition that such town or district may r i t j es to have a be injuriously affected by the provisions of any bill relating to the locus standi lighting or water supply thereof, or the raising of capital for any a £ ains * "g^t- such purpose, shall be entitled to be heard against such bill. bills. 1346. It shall be competent to the referees on private bills to County Council admit the petitioners, being the council of any administrative a H e g?u to ' )e , " P injuriously county or county borough, the whole or any part or which is affected by alleged to be injuriously affected by a bill, to be heard against such bill. bill if they think lit. 134c. The council of any administrative county alleging in County Council their petition that such administrative county, or any part thereof, s i anc n aga inst may be injuriously affected by the provisions of any bill relating to a water bill. the water supply of any town or district, whether situate within or without such county, shall be entitled to be heard against such bill. 135. The owner, lessee, or occupier of any house, shop, or Petitions warehouse in any street through which it is proposed to con- a S ai ° s * ram_ struct any tramway, and who alleges in any petition against a private bill or provisional order that the construction or use of the tramway proposed to be authorized thereby will injuriously affect him in the use or enjoyment of his premises, or in the conduct of his trade or business, shall be entitled to be heard on such allega- tions before an}- select committee to which such private bill, or the bill relating to such provisional order is referred. 136. In all cases of opposed private bills, in which no parties When °PP osed i ii ^ i • • • i i mi i • bills may be shall have appeared on the petitions against such bills, or having treated as un- appeared shall have withdrawn their opposition before the evidence opposed, of the promoters shall have been commenced, the committees on such bills shall forthwith refer them back, with a statement of the facts, if not railway or canal bills, to the committee of selection, and if railway or canal bills, to the general committee on railway and canal bills, who shall deal with them as unopposed bills. Committees on Unopposed Bills. 137. The committee on every unopposed private bill (not being Committees on a railway, canal or divorce bill), shall, if the same shall have un .°PP ose ^ //.ii- n private bills. originated in this House, be composed or the chairman of the 132 PRIVATE BILL PROCEDURE. Proceedings of Committees on Bills. Filled -up copies of bill to be laid before each member. Local member not i" vote. Names of member- to be entered on minute-. Commit! bill not to in- quire into cer- tain Sta < >ry way of such penalty as aforesaid, shall be paid under the warrant or order of such court or judge as is specified in the said third section of the Act, 17 & 18 Vict. c. 31, to an account opene I or to be opened in the name and with the privity of the Paynia t( r-General for and on behalf of the Supreme Court in England [the Queen's Remembrancer of the Court of Exchequer in Sci tland, or the Accountant-General of the Supreme Court in Ireland (according as the railway, tramway, or subway is situate in England, Scotland, or Ireland,)] in the bank named in such order, and shall not be paid thereout except as hereinafter pro- vided ; hut no penalty shall accrue in respect of any time during which t shall appear, by a certificate to be obtained from the J}( aw i I Trade, that the company was prevented from completing or o ( • Ding such line by unforeseen accident or circumstances STANDING ORDERS. 137 beyond their control : Provided, that the want of sufficient funds Proceedings of )ommitte( on Bills. shall not be held to be a circumstance beyond their conl rol. „ of . Committees Raihoay, Tramway, or Subway Deposits. In every railway bill, tramway bill, or subway bill, whereby Clause to be the construction of any new line is authorized, or the time for in ^rted, pro- J . , P viding that de- completing any line already authorized is extended ; if such bill be posit be im- promoted by an existing railway company, tramway company, or pounded as " • sGCiintv for subway company, which is not possessed of a railway, tramway, or completion of subway, already opened for public traffic, or which has not during the line. the year last past paid dividends on its ordinary share capital ; or by an existing railway company, tramway company, or subway company, when the capital to be raised under the bill is greater than the existing authorized capital of the company, or by persons not already incorporated, a clause to the following effect shall be inserted, viz. : — (B.) Whereas, pursuant to the Standing Orders of both Houses of Parliament, and to " The Parliamentary Deposits Act, 1846," a sum of £ , being five per cent, upon the amount of the estimate in respect of the railway, tramway, or subway authorized by this Act, has been deposited with the Court, that is to say, the Paymaster-Greneral for and on behalf of the Supreme Court in England [or the Court of Exchequer in Scot- land, or the Accountant-General of the Supreme Court in Ireland, as the case may be] ; [or exchequer bills, stocks, or funds to the amount of £ , have been deposited or trans- ferred pursuant to the said Act, as the case may be], in respect of the application to Parliament for this Act (which sum, exchequer bills, stocks, or funds, as the case may be, is or are in this Act referred to as " The Deposit Fund " :) Be it enacted, that notwith- standing anything contained in the said recited Act, the deposit fund shall not be paid or transferred to, or on the application of the person or persons, or the majority of the persons, named in the warrant or order issued in pursuance of the said Act, or the sur- vivors or survivor of theni (which persons, survivors, or survivor, are or is in this Act referred to as the " depositors"), unless the company shall, previously to the expiration of the period limited by this Act for completion of the railway [tramway or subway] hereby authorized to be made [or the time for completing which is hereby extended], open the said railway [tramway or subway] for public traffic [or, if a passenger railway, for the public conveyance of passengers], and if the company shall make default in so opening 138 PRIVATE BILL PROCEDURE. Proceedings of Committees on Bills. Application of deposit or penalty in compensation to parties injured. the said railway [tramway or subway] the deposit fund shall be applicable, and shall be applied as provided by the next following section. And to such clause the committee may, if they think fit, add a proviso to the following effect: — Provided, that if within such period as aforesaid the company open any portion of the said railway [tramway or subway] for public traffic [or, if a passenger railway, for the public conveyance of passengers], then on produc- tion of a certificate of the Board of Trade, specifying the length of the portion of the said railway [tramway or subway] opened as aforesaid, and the portion of the deposit fund which bears to the whole of the deposit fund the same proportion as the length of the said railway [tramway or subway] so opened bears to the entire length of tin- said railway [tramway or subway] hereby authorized, the High Court shall, on the application of the depositors, order the said portion of the deposit fund so specified in such certificate as aforesaid to be paid or transferred to them, or as they shall direct ; and the certificate of the Board of Trade shall, if signed by the secretary or by an assistant secretary of the said Board, be sufficient evidence of the facts therein certified ; and it shall not be necessary to produce any certificate of this Act having passed, anything in the recited Act to the contrary notwithstanding. In every railway bill, tramway bill, or subway bill whereby the construction of any new line of railway, tramway, or subway is authorized, or the time for completing any line already autho- rized is extended, a clause to the following effect shall be in- serted : — (C.) If the company do not, previously to the expiration of the period limited by this Act for the completion of the railway [tramway or subway] hereby authorized to be made (or the time for completion which is hereby extended) complete the said railway [tramway or subway] and open it for public traffic [or, if a pas- senger railway, for the public conveyance of passengers], then and in every such case the deposit fund, or so much thereof as shall not have been paid to the depositors, or any sum of money recovered by way <>f penalty as aforesaid shall be applicable, and after due notice in the London Gazette, or Edinburgh or Dublin Gazette, [as ill'- case may require], shall be applied towards compensating any landowners or other persons whose property may have been interfered with, or otherwise rendered less valuable, by the commencement, construction, or abandonment of the said railway [tramway or subway], or any portion thereof, or who may have been subjected to injury or loss in consequence of the compulsory STANDING ORDERS. 139 powers of taking property conferred upon the company by this Act, Proceedings [and also (in the case of a tramway) in compensating all road f , . authorities for the expense incurred by them in taking up any on Bills. tramway, or materials connected therewith, placed by the Company in or on any road vested in or maintainable by such road authori- ties respectively, and in making good all damage caused to such roads by the construction or abandonment of such tramway], and shall be distributed in satisfaction of such compensation as afore- said, in such manner and in such proportions as to the court may seem fit ; and if no such compensation shall be payable, or if a portion of the deposit fund (or of the sum or sums of money re- covered by way of penalty as aforesaid) shall have been found suffi- cient to satisfy all just claims in respect of such compensation, then the deposit fund (or the sum or sums of money recovered by way of penalty as aforesaid), or such portion thereof as may not be required as aforesaid, shall, if a receiver has been appointed, or the company is insolvent and has been ordered to be wound up or the undertaking (in the case of a penalty, the railway or railways in respect of which the penalty has been incurred or any part thereof) has been abandoned, be paid or transferred to such receiver, or to the liquidator or liquidators of the company, or be applied, in the discretion of the court, as part of the assets of the company for the benefit of the creditors thereof, and subject to such application, shall be repaid or retransf erred to the depositors (company) : Pro- vided, that until the deposit fund shall have been repaid to the depositors, or shall have become otherwise applicable as hereinbefore mentioned, any interest or dividends accruing thereon shall from time to time, and as often as the same shall become payable, be paid to or on the application of the depositors. N.B. — If the clause lettered (A) is inserted in the bill, the proviso at the end of the clause lettered (C) shall be omitted. In the case of a railway company omit the words " and has been ordered to be wound up," and " or to the liquidator or liquidators of the company," and where there is no deposit omit the proviso. (D.) If the railway [or tramway] authorized by this Act shall Time limited not be completed within the period limited by this Act, then, on the tf*^™ 1 ^ 1011 expiration of such period, the power by this Act granted to the company for making and completing" the said railway [or tram- way], or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as shall then be completed. The period limited shall not in the case of a new railway line exceed five years, of a new tramroad three years [or in the case of a new 140 PRIVATE BILL PROCEDURE. Proceedings of Committees on Bills. Where pre- ceding provi- - are inapplicable. In ca«e ot abandonment of railway, tram -way or subway bill, and release of deposit money, committee on bill to report to tbe House how recom- mendations of Board of Trade on the bill have been dealt with 1 lommittee. Committee to fix the rates and charges. In bills grant- ing preference in payment of it, &c, provision to be made that the same shall not prejudice former grants ••:rence, 1 mittee report other v. Company not to alter an.y ■nee tramway line two years], and the extension of time for completion shall not in the case of a railway line exceed three years, of a tram road two years [or in the case of a tramway line one year], unless the committee on the bill think fit, in the special circum- stances of tbe case, to allow a longer period. In the case of extension of time the additional period shall be computed from the expiration of the period sought to be extended. In any railway bill or tramway bill to which the preceding pro- visions are not applicable, the committee on the bill shall make such other provision as they shall deem necessary for ensuring the completion of tbe line of railway or tramway. 158a. In the case of every bill authorizing tbe abandonment of a railway, tramway, or subway, or of any part thereof, and the release of any deposit money impounded as security for the com- pletion thereof, a report from the Board of Trade respecting tbe bill, and the objects thereof, shall be presented to this House, and be referred to the committee on the bill ; and the committee shall report specially to the House in what manner the several recommendations contained in the report from the Board of Trade have been dealt with by the committee. 159. The committee on every railway bill shall fix the maximum rates of charge for the conveyance of passengers, with a due amount of luggage, such rates to include every expense incidental to such conveyance, and shall also fix the charges for the conveyance of parcels by passenger train ; but if the committee shall not deem it expedient to determine such maximum rates of charge, a special report, explanatory of the grounds of their omitting so to do, shall be made to the House, which special report shall accompany the report of the bill. 160. In every railwav bill by which it is proposed to authorize the company to grant any preference or priority in the payment of interest or dividends on any shares or stock, there shall be inserted a clause providing that the granting of such preference or priority shall not prejudice or affect any preference or priority in the payment of interest or dividends on any other shares or stock which shall have been granted by the company in pursuance of or which may have been confirmed by any previous Act of Parlia- ment, or which may otherwise be lawfully subsisting, unless the committee on the bill shall report that such provision ought not to be required, with the reasons on which their opinion is founded. 161. No railwav company shall be authorized to alter the terms of any preference or priority of interest or dividend which shall STANDING ORDERS. 141 have been granted by such company in pursuance of or which may Proceedings have been confirmed by any previous Act of Parliament, or which Committees may otherwise be lawfully subsisting, unless the committee on on Bills. the bill report that such alteration ought to be allowed, with the reasons on which their opinion is founded, together with the ^ evi t u ^ ft y number of preference shareholders who have assented to or dis- sented from such alteration. 162. No powers of purchasing, hiring, or providing steam No powers of vessels shall be contained in a bill by which any other powers are ^^n^essds ° sought to be obtained by a railway company, except when the in railway transit by such steam vessels is required to connect portions of bllls - railway belonging to or proposed to be constructed by such company. 163. No powers of purchase, sale, lease or amalgamation shall ^° powers of "DiirchfliSG Sec be given to any railway company, with reference to any other £ ^ e ai v ' en undertaking already authorized by any Act or Acts, nor to any other except after incorporated company, with reference to any railway, unless, pre- P ro °* of certain viously to the application to Parliament for such purpose, the Board of several companies who may be parties to such purchase, s.iie, lease Trade, &c. or amalgamation shall have proved to the satisfaction of the Board of Trade, that they have respectively paid up one-half of the capital authorized to be raised by any previous Act or Acts by means of shares, and have expended for the purpose of such Act or Acts a sum equal thereto; anil in case such powers shall be applied for in respect of works intended to be authorized by any bill or bills of the same session, it shall be proved to the satisfaction of the Board of Trade that such companies have respectively paid up one-half the amount of their capital, and that the company proposed to be empowered to construct such works have included in such amount the capital proposed to be authorized by such bill or bills; and that no such powers shall be given in respect of works intended to be authorized by any Act or Acts for which it is intended to apply in any subsequent session. 164. No railway company shall be authorized, except for the Railway com- execution of its original line or lines sanctioned by Act of Parlia- pany n f l ? ° m •> guarantee m- ment, to guarantee interest on any shares which it may issue for terest or divi- creating additional capital, or to guarantee any rent or dividend to dend before , ., b ., , „ J . completion of any other railway company, until such first-mentioned company u, ne- shall have completed and opened for traffic such original lines. 165. In bills for the amalgamation of railway companies, the Limitation of amount of capital created by such amalgamation shall in no case ca P^ al on L ' ° amalgamation exceed the sum of the capitals of the companies so amalgamated. of companies. 142 PRIVATE BILL PROCEDURE. Proceedings of Committees on Bills. Additional capital of pur- chasing com- pany not to amount to more than capital of company pur- Application of provisions of '• The Railway and Canal Traffic Act, 1888," as to revision of rates. Clause that no interest or divi- dend be paid ills. 166. In bills for empowering any railway company to purchase any other railway, no addition shall be authorized to be made to the capital of the purchasing company, beyond the amount of the capital of the railway purchased; and iu case such railway shall be purchased at a premium, no addition on account of such premium shall be made to the capital of the purchasing company. 166a. In the case of every bill for incorporating a railway, canal, or tramroad company, or for giving any powers to an existing railway, canal, or tramroad company to which no Rates and Charges Order Confirmation Act expressly applies, the Com- mittee on the bill shall fix the rates and charges for merchandise traffic (including small parcels of a perishable nature conveyed by passenger train, exceeding fifty-six pounds in weight) by reference to the Eates and Charges Order Confirmation Act of some other company, which in the opinion of the committee will properly and conveniently apply ; and the committee shall in the case of an existing company provide that the rates and charges for mer- chandise traffic and such small parcels as aforesaid so fixed, shall be in substitution for the rates and charges for similar traffic authorised to be taken by the company under their existing Acts. If in any such bill other than a railway bill the committee shall be of opinion that no such Act as aforesaid will properly and con- veniently apply they shall insert a clause to the following effect : — Section 24 of " The Railway and Canal Traffic Act, 1888," and any enactment which may be passed in the present or any future session of Parliament extending or modifying that enactment shall, with any necessary modifications, apply to to the company in all respects as if it were one of the com- panies to which the provisions of the said enactment in terms applied. Provided that the time within which the revised schedule of maximum rates and charges prescribed by the said section shall be submitted to the Board of Trade shall be three years from the date of the passing of this Act, or such further time as the Board of Trade may permit. 167. A clause shall be inserted in every railway bill, prohibiting the payment of any interest or dividend to any shareholder on the amount of the calls made in respect of the shares held by him, except such interest on money advanced by any shareholder beyond the amount of the calls actually made as is in conformity with the Com- panies Clauses Consolidation Act, 1845, or the Companies Clauses Consolidation (Scotland) Acts, 1845, as the case may be; and except such interest (if any) as the committee on the bill may, STANDING ORDERS. 143 according to the circumstances of the case, think fit to allow, subject always to the following conditions : — (1.) That the rate of interest allowed by the committee do not in any case exceed three per centum per annum ; (2.) That interest be allowed to be paid in respect only of the time allowed by the bill for the completion of the railway, or such less time as the committee think fit ; (3.) That payment of interest be not allowed to begin until the railway company have obtained a certificate of the Board of Trade to the effect that two-thirds at least of the share capital authorized by the bill, in respect whereof interest may be paid, have been actually issued and accepted, and are held by share- holders, who, or whose executors, administrators, suc- cessors, or assigns, are legally liable for the same ; (4.) That interest do not accrue in favour of any shareholder for any time during which any call on any of his shares is in arrear ; (5.) That the aggregate amount to be so paid for interest be estimated and stated in the bill, and be not deemed capital within Standing Order 153 ; (6.) That notice of the company having power so to pay interest be given in every prospectus, advertisement, or other document of the company inviting subscrip- tions for shares, and in every certificate of shares ; and (7.) That the half-yearly accounts of the company do show the amount on which, and the rate at which, interest has been paid ; — and the company may be authorized by the bill to pay interest accordingly, but not further or otherwise, and the committee on the bill shall report to the House whether or not they have allowed such interest. 168. A clause shall be inserted in every railway bill by which any money is authorized to be raised, prohibiting the company from paying, out of such money, the deposits required by the Standing Orders to be made for the purposes of any application to Parliament for a bill for the construction of another railway. 168a. The foregoing Orders, No. 145a and Nos. 158 to 168 inclusive, shall apply mutatis mutandis to subways, subway com- panies, and subway bills, and to tramroads, tramroad companies, and tramroad bills. Proceedings of Committees on Bills. Clause as to deposits not to be paid out of capital. Application of Standing Orders, 145a and Nos. 158 to 168 inclu- 144 PRIVATE BILL PROCEDURE. Proceedings of Committees on Bills. Application of Railway and Canal Traffic Act, &c, to tramroads. Length of id along stiver or road to be stated. Clause as to railway not to be exempt from any genera! A et. Length of rail- way, tramway, and subway to be set forth and specified in clause describ- ing the Works. Tramroad Bills. 1686. In every bill for the construction of a tramroad of rail- way gauge, and intended to communicate with a railway, a clause shall be inserted that the provisions of " The Railway and Canal Traffic Act, 1854," and of the Railway aud Canal Traffic Acts, 1 873 and 1888, shall apply to the company as if they were a rail- way or canal company, and to the tramroad to be authorized by the Act as if such tramroad were a railway or canal. 168c. In every tramroad bill the length of so much of any tramroad as is to be constructed along any street or road, or upon any street or road, or upon any waste or open ground by the side of any street or road, shall be set forth in miles, furlongs, chains, and links or yards, or decimals of a chain, in the clause describing the works. 169. The following clause shall be inserted in all railway bills passing through this House : And be it further enacted, that nothing herein contained shall be deemed or construed to exempt the railway by this or the said recited Acts authorized to be made from the provisions of any general Act relating to railways now in force, or which may here- after pass during this or any future session of Parliament, or from any future revision and alteration, under the authority of Par- liament, of the maximum rates of fares and charges authorized by this Act [or by the said recited acts]. 170. In every railway bill, tramway bill, and subway bill, the length of each railway, tramway, and subway be set forth in miles, furlongs, chains, and yards, or decimals of a chain, in the clause describing the works, with a statement in the case of each tramway whether it is a single or a double line. No powers for construction, acquisition, or taking on lease of tramway to bo giv..n to a local authority beyond the limits of dis- trict except under special local circum- stances. Tramway Bills. 170a. No powers shall be given to any local authority to con- struct, acquire, take on lease, or work, any tramway, or portion of tramway, beyond the limits of their district, unless such tramway or portion of tramway is in connection with the tramway belonging to or authorized to be constructed, acquired, or worked, by the local authority, and unless the committee on the bill shall determine that, having regard to the special local circumstances, such con- struction, acquisition, taking on lease, or working, ought to be sanctioned. STANDING ORDERS. 145 In every case in which the committee shall so determine, they Proceedings shall specify what portion of the tramway will be situate beyond Committees the district of the local authority to which the power of construe- on Bills. tion, acquisition, or taking on lease is given, and shall insert a clause for the protection of the local authority of the district in which such tramway or portion of tramway will he situate in the terms mutatis mutandis of section 43 of " The Tramways Act, 1870," except that the period of seven years shall be substituted for ihe period of twenty-one years, and the period of three years for the period of seven years. 171. Where a local authority are empowered to work any Where a local tramwavs belonging to, or authorized to be constructed or acquired autil0rit y f™ e » ' . - empowered to by them the committee on the bill may, if they think fit under wor k tram . the special circumstances of the case, empower the local authority ways, power . „ • may be given to enter into agreements for running powers over any tramways in to enter i nto connection with the tramways so worked or to be worked by agreements for them, and such running powers shall be deemed to be a purpose of ^ i ning P°y e ?" s " The Public Health Act, 1875," and the expenses of the exercise tramways, of such powers shall, in the event of deficiency in the tramway account, be defrayed out of a local rate, as defined by " The Tramways Act, 1870." Provided that in any such case the com- mittee on the bill shall make provision — (1.) That no such agreement shall have effect until approved by the Board of Trade. (2.) That all enactments, bye-laws, and regulations relating to the use of or the running of carriages upon the tram- ways, and the taking of tolls and charges therefor, shall, so far as applicable, extend and apply mutatis mutandis to, and shall be observed by the local authority exercising such running powers ; (3.) That such running powers shall in no case be exclusive, and shall cease unconditionally at the expiration of seven years from the date of the agreement; (4.) That further agreements for the exercise of such run- ning powers may be made from time to time with the approval of the Board of Trade for any period not exceeding seven years, provided that such powers shall cease unconditionally at the expiration of the period for which the same are given ; (5.) That all questions in dispute as to the construction of or arising in consequence of such agreements shall be determined by arbitration. 146 PRIVATE BILL PROCEDURE. Proceedings And the committee shall report the circumstances specially to Committees the House - on Bills. Local Government. 172. In the case of all bills whereby any municipal corpora - Estimates of t - district council, ioint board, or joint committee, or other local ■ 1 appli- » ' ° ' ^ . cation of money authority in England or Wales, are authorized to borrow money borrowed by for any matter within the jurisdiction of the Board of Trade or in i'lrtain c!^S the Local Government Board, estimates showing the proposed to be ncited in application of the money for permanent works shall (except so far the bill, and as the exercise of the borrowing power is made subject to the die Select Com- sanction of the respective board) be recited in the bill as intro- mittee thereon, duced into Parliament, and proved before the select committee to which the bill is referred. A- to bills re- 173. Whenever by any bill application is made by or on behalf lating to Local f anv municipal corporation, municipal commissioners, or town or Government in , . . x , -, <. e other commissioners in Ireland tor any new powers, or tor any increased or additional powers, the promoters shall be required to obtain a certificate under the seal of the Local Grovernment Board of Ireland, setting forth whether such application is made with or without the sanction and approval of the said Local Government Board, which certificate shall be produced before the committee to whom the bill is referred, and shall be reported upon by the said committee. I lommittee on 173a. In the case of any bill promoted by or conferring powers Bill to consider Qn , ( mixn i c ipal corporation or local board, improvement com- referencTto 1 missioners, town commissioners, or other local authority or public radons matters body having powers of local government or rating, the committee on the bill shall consider the clauses of the bill with reference to nment or u " "" c rating, and re- the following matters : I ort of com- / 1 \ Whether the bill gives powers relating to police or sani- mittee to House ^ '' ,. . „. , -.-, j • .• <• totep] tary regulations in conflict with, deviation from, or and circulated excess of, the provisions of powers of the general law ; (b.) Whether the bill gives powers which may be obtained by means of bye-laws made subject to the restrictions of general Acts already existing; (c.) Whether the bill assigns a period for repayment of any loan or for the redemption of any charge or debt under the bill exceeding the term of sixty years, which term the committee shall not in any case allow to be exceeded, or any period disproportionate to the duration of the works to be executed or other objects of the loan, charge or debt ; STANDING ORDERS. 147 (d.) Whether the bill gives borrowing powers for purposes for Proceedings which such powers already exist or may be obtained „ of j i a . , , . . , Committees under general Acts, without subjecting the exercise of on Bills. the powers under the bill to approval from time to time by the proper Government Department. And the committee shall report specially to the House — In what manner any clauses relating to the several matters aforesaid have been dealt with by the committee ; and Whether any report from any Government Department relative to the bill has been referred to the committee ; and If so, in what manner the recommendations in that report have been dealt with by the committee ; and Any other circumstances of which, in the opinion of the committee, it is desirable that the House should be in- formed : And the report of the committee shall be printed, and shall be circulated with the votes. Agreements. 174. Where it is sought by any bill to give Parliamentary Agreement to sanction to any agreement, such agreement shall be annexed to the l3 ? annexed to bill as a schedule thereto, and shall be printed in extenso there- ' ' with. Letters Patent. 175. When any bill shall be brought into the House for Copy of Letters restoring any letters patent, there shall be a true copy of such Patent to be letters patent annexed to the bill, and the total amount of fees bin?* (including the prescribed fee for enlargement under Section 17 of " The Patents, Designs, and Trade Marks Act, 1883 "), due and to become due on the patent, shall be deposited with the Comptroller General of Patents, Designs, and Trade Marks, before the meeting of the committee on the bill, and such deposit proved before the committee. Inclosure and Drainage Bills. 176. In the case of any bill for inclosing lands, the committee Notice and may admit proof of the notices required by the Standing Orders Allegations. and of the allegations in the preamble of such bill, by affidavit GeneraT^c'lo- taken and authenticated, according to the form prescribed in the sure Acfc - schedule to the General Inclosure Act (41 Geo. 3, c. 109) unless such committee shall otherwise order. 148 PRIVATE BILL PROCEDURE. Proceedings 177. The committee on every bill for inclosing; lands shall in c ot the lirst place require the agent for the same to deliver in to the on Bills. committee a printed copy of the bill, signed by the lord of the manor (in cases where the lord of the manor has any interest as k - I1>tUt l ' :11 such i n the lands to be inclosed), and by sneh owners of property of property to within the parish to which the bill relates as shall have assented be delivered in. thereto; but the parties, if they shall think fit, shall be permitted Bilk) t" deliver in different copies of the bill, separately signed by the several parties hereinbefore mentioned, instead of one copy, signed by all of them collectively; together with a list of all the owners of property within such parish, showing the value according to the poor rate or land tax assessment of each owner's property therein, and distinguishing which of them have assented, dissented, or are neuter in respect thereto. Consent bill 1^8. The committee on every bill for draining lands shall in and statement the first place require the agent for the same to deliver in to the ot property to ( . omm ittee a printed copv of the bill, signed by such owners and be delivered in. l V ........ . . , - ... (Drainage occupiers of property within the drainage district to which the bill Bills.) relates as shall have assented thereto ; but the parties, if they shall think tit, shall he permitted to deliver in different copies of the bill, separately signed by the several parties hereinbefore men- tioned, instead of one copy, signed by all of them collectively ; together with a list of all the owners of property within such district, showing the value according to the poor rate or land tax assessment of each owner's property therein, or the extent in acres,' roods, and perches, and distinguishing which of them have assented, dissented, or are neuter in respect thereto. Clause for 179. In every bill for inclosing lands, provision shall be made leaving open f or i,. ;iv j n morials, when to In- deposited. Deposit of memorials and <■• V.— THE ORDERS REGULATING THE PRACTICE IN THE PRIVATE BILL OFFICE. 227. Registers shall be kept in " The Private Bill Office," in which shall be entered by the clerks appointed for the business of that office, the name and place of residence of the parliamentary agent in town, and of the agent in the country (if any) soliciting the bill ; and all the proceedings, from the petition to the passing of the bill :— Such entries to specify, briefly, each day's proceeding before the Examiners of Petitions respectively, or in the House, or in any committee to which the bill may be referred : the day and hour on which the Examiner or the committee is appointed to sit ; the day and hour to which the proceedings before such Examiners or committee may be adjourned, and the name of the clerk attend- ing the same. Such registers to be open to public inspection daily in the said office. 228. The receipt of all documents required by the Standing Orders of the House to be deposited in the Private Bill Office, shall be acknowledged by one of the clerks of the said office, upon the said documents, when deposited. 229. A list of all petitions for private bills shall be kept in the Private Bill Office in the order of their deposit, according to such regulations as shall have been made by Mr. Speaker, which shall be called the " General List of Petitions," and each petition therein shall be numbered. 230. All memorials complaining of non-compliance with the Standing Orders, in reference to petitions for bills deposited in the Private Bill Office on or before the 21st December, shall be de- posited as follows: If the same relate to petitions for bills numbered in the general list of petitions ; From 1 to 100 1 T he V S hall be deposited f January 9th. 101 to 200 \ on or before - -\ » 16tn - 201 and upwards J [_ „ 23rd. And in the case of any petitions for bills which may be deposited by leave of the House after the 21st December, such memorials shall be deposited three clear days before the day first appointed for the examination of the petition. 231. All memorials shall be deposited in the Private Bill Office before six of the clock in the evening of any day on which the STANDING ORDERS. 163 House shall sit, and between eleven and one of the clock on any Practice in the day on which the House shall not sit ; and two copies of every such " Pri I i ^. e Bil1 memorial shall be deposited for the use of the Examiners before twelve of the clock on the following day. thereof in 232. Every memorial complaining of non-compliance with the office ° Standing Orders of the House in reference to petitions for ad- Time fop de _ ditional provision in private bills, to bills brought from the House positing me- of Lords and to bills introduced by leave of this House in lieu of other morials in cer- bills which shall have been withdrawn, and to bills for confirming any provisional order or provisional certificate, shall be deposited in the Private Bill Office, together with two copies thereof, before twelve o'clock on the day preceding that appointed for the exami nation of any such petition or bill by the Examiner ; and the Examiner shall be at liberty to entertain such memorial, although the party (if any) who may be specially affected by the non-compliance with the Standing Orders shall not have signed the same. 233. Every private bill, after it has been read the first time Custody of shall be in the custody of the clerks of the Private Bill Office, bills - until laid upon the table for the second reading ; and when com- mitted, shall be taken by the proper committee clerk into his charge, till reported. 234. Between the first and second reading of every private Examination of bill, the bill shall be examined, with all practical despatch, by the bills - clerks of the Private Bill Office, as to its conformity with the rules and Standing Orders of the House. 235. Three clear days' notice in writing shall be given by the Notice of agent for the bill, to the clerks in the Private Bill Office, of the ? econd read " day proposed for the second reading of every private bill ; and no mg ' such notice shall be given until the day after that on which the bill has been ordered to be read a second time. 236. Four clear days' notice in the case of opposed bills, and Notice of one clear day's notice in the case of unopposed and re-committed committee. bills, shall be given to the clerks in the Private Bill Office by the clerk to the Committee of Selection, or by the clerk to the General Committee on Kailway and Canal Bills, with regard to all bills referred to either of the said committees, and with regard to bills not referred to either of the said committees, by the clerk to the committee to which any such bill is either referred or re-com- mitted, of the day and hour appointed for the first meeting of the committee on every private bill, and notice shall be given in like manner of the postponement of the first meeting of the committee 164 PRIVATE BILL PROCEDURE. ce in the Private Bill Office. Filled-up bill to l>e deposited in Private Bill Office. Notice of adjournment. Notice of consideration of bill. Bill as amended in committee to be delivered Bill printed as amended to be examined. to be given of , &c. on considera- tion of bill, or verbal amend- ii third n ading. Notice of third reading. Amendments [dera- tion of bill and third reading. on every private bill on the day on which such postponement is made. 237. A rilled-np bill is signed by the agent for the bill, as pro- posed to be submitted to the committee on the bill, and in the case of a re-committed bill, a filled-up bill, as proposed to be sub- mitted to the committee on re-committal, shall be deposited in the Private Bill Office two clear days before the meeting of the com- mittee on every private bill; and a copy of the proposed amendments shall be furnished by the promoters to such parties petitioning against the bill as shall apply for it one clear day before the meeting of the committee. 238. Notice, in writing, shall be given by the committee clerk to the clerks in the Private Bill Office, of the day and hour to which each committee is adjourned. 239. One clear day's notice, in writing, shall be given by the agent for the bill to the clerks in the Private Bill Office, of the day proposed for the consideration of every private bi 11 ordered to lie upon the table. 240. The committee clerk, after the report is made out, shall deliver in to the Private Bill Office a printed copy of the bill, with the written amendments made in the committee; in which bill all the clauses added by the committee shall be regularly marked in those parts of the bill wherein they are to be inserted. 241. Every private bill printed as amended in committeeijshall be examined by the clerks in the Private Bill Office, with the bill delivered in by the committee clerk, and the examining clerks shall indorse thereon a certificate of such examination. 242. When it is intended to bring up any clause or to propose any amendment on the consideration of any private bill ordered to lie upon the table, or any verbal amendment on the third reading of any private bill, notice shall be given thereof, in the Private Bill Office, one clear day previous to such consideration or third leading. 243. One clear day's notice, in writing, shall be given by the agent for the bill, to the clerks in the Private Bill Office, of the • lay proposed for the third reading of every private bill ; and no such notice shall be given until the day after that on which the bill shall have been ordered to be read a third time. 244. The amendments (if any) which are made on the consideration of any private bill ordered to lie upon the table, and on the third reading of any private bill, and also such amendments made by the House of Lords as shall have been agreed to by this STANDING ORDERS. 165 House, shall be entered by one of the clerks in the Private Bill Practice in the Office, upon the printed copy of the bill as amended in com- Fn J^ ElU mittee ; which clerk shall sign the said copy so amended, in order to its being deposited and preserved in the said office. 245. Every private bill, after it has been printed fair, shall, Private Bills before the same is sent to the Lords, be examined by the clerks i 6Qt J to th , e j.\ t» • -r»-ii /-«.«» •!,,.,, -Lords to be in the Private Bill Office with the bill as read a third, time; and indorsed with the examining clerks shall indorse thereon a certificate of such certificate of examination. examination. 246. When amendments made by the House of Lords to any Notice of con- private bill are to be taken into consideration, one clear day's * ldera t lon of notice shall be given thereof in the Private Bill Office, and if ments. any amendments be intended to be proposed thereto, a copy of such amendments shall also be deposited, and notice given thereof one clear day previous to the same being proposed to be taken into consideration ; and no such notice shall be given until the day after that on which such bill shall have been returned from the House of Lords. 247. All notices required to be given or deposits to be made Time for in the Private Bill Office shall be delivered in the said office del i verin g before six of the clock in the eveuing of any day on which the House shall sit, and between eleven and one of the clock on any day on which the House shall not sit; and after any day on which the House shall have adjourned beyond the following day, no notice shall be given for the first day on which it shall again sit. 248. The clerks in the Private Bill Office shall prepare, daily, Daily lists of lists of all private bills, and petitions for private bills upon which committees any committee or Examiner is appointed to sit ; specifying the &1 m ^' hour of meeting, and the room where the committee or Examiner shall sit ; and the same shall be hung up in the lobby of the House. 249. Every plan, and book of reference thereto, which shall Plans to be be certified by the Speaker of the House of Commons, in pursuance verified as of any Act of Parliament, shall previously be ascertained, and s ] ia 'n direct verified in such manner as shall be deemed most advisable by the Speaker, to be exactly conformable in all respects to the plan and book of reference which shall have been signed by the chairman of the committee upon the bill. M 166 PRIVATE BILL PROCEDURE. APPENDIX (A.) No.- Sir, — We beg to inform yon that application is intended to be made to Parliament in the ensuing session for " An Act " [here insert the title of the Act], and that the property mentioned in the annexed schedule, Part I., or some part thereof, in which we understand you are interested as therein stated, will be liable to be token compulsorily for the purposes of the said undertaking [and that the property mentioned in the annexed schedule, Part II., in which we understand you are interested as therein stated, will be liable to have an improvement charge imposed upon it]. We also beg to inform you that a plan and section of the said undertaking, with a book of reference thereto, have been or will be deposited with the [several clerks of the peace, or principal sheriff clerks, as the case may be] of the counties of [specify the counties in which the property is situate], on or before the 30th of November, and that copies of so much of the said plan and section as relates to the [parish or other area in accordance with the terms of Standing Order 29, as the case may be], in which your property is situate, with a book of reference thereto, have been or will be deposited for public inspection with the [clerk, or other officer in the said Order respectively mentioned, as the case may be], on or before the 30th day of November, on which plan your property is designated by the numbers set forth in the annexed schedule. As we an- required to report to Parliament whether you assent to or dissent from the proposed undertaking, or whether you are neuter in respect thereto, you will oblige us by writing your answer of assent, dissent or neutrality in the form left herewith, and returning the same to us with your signature on or before the day of next; and if there should be any error or misdescription in the annexed schedule, we shall feel obliged by your informing us thereof , at your earliest convenience, that we may correct the same without delay. We also begto inform you that it is intended that the Act shall provide to the effect that, notwithstanding section 92 of the Lands Clauses Consolidation Act, 1845 [or section 90 of the Lands APPENDIX TO STANDING ORDERS. 167 Clauses Consolidation (Scotland) Act, 1845], you may be required Appendix, to sell and convey a part only of your property, numbered on the deposited plans. We are, Sir, Your most obedient servants, To Note. — If the application be forwarded by post, the words " Parliamentary Notice " are to be written or printed on the cover. Schedule referred to in the foregoing notice, describing the property therein alluded to. Parish, or other area as the case mav be. Number on Plans. Descrip- tion. Owner. Lessee. Occu- pier. Property which may be taken compulsorily. Property on which au irn- provement charge may be imposed. Part I. Part II. I APPENDIX (B.) ANNO PRIMO VICTORIA REGINvE. Cap. LXXXIII. An Act to compel clerks of the peace for counties and other persons to take the custody of such documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament. Whereas the Houses of Parliament are in the habit of requiring that, previous to the introduction of any bill into Parliament for making certain bridges, turnpike-roads, cuts, canals, reservoirs, M 2 168 PRIVATE BILL PROCEDURE. Appendix. aqueducts, waterworks, navigations, tunnels, archways, railways, piers, ports, harbours, ferries, docks and other works, to be made under the authority of Parliament, certain maps or plans and sections, and books and writings, or extracts or copies of or from certain maps, plans or sections, books and writings, shall be deposited in the office of the clerk of the peace for every county, riding or divi- sion in England or Ireland, or in the office of the sheriff clerk of every county in Scotland, in which such work is proposed to be made, and also with the parish clerk in every parish in England, the schoolmaster of every parish of Scotland, or in Royal Burghs with the town clerk, and the postmaster of the post town in or nearest to every parish in Ireland, in which such work is intended to be made, and with other persons : and whereas it is expedient that such maps, plans, sections, books, writings and copies or extracts of and from the same, should be received by the said clerks of the peace, sheriff clerks, parish clerks, school- masters, town clerks, postmasters and other persons, and should remain in their custody for the purposes hereinafter mentioned ; be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that whenever either of the Houses of Par- liament shall by its Standing Orders, already made or hereafter to be made, require that any such maps, plans, sections, books or writings, or extracts or copies of the same, or any of them, shall be deposited as aforesaid, such maps, plans, sections, books, writings, copies and extracts shall be received by and shall remain with the clerks of the peace, sheriff clerks, parish clerks, school - by the Standing masters, town clerks, postmasters and other persons with whom the same shall be directed by such Standing Orders to be deposiled, and they are hereby respectively directed to receive and to retain the custody of all such documents and writings so directed to be deposited with them respectively, in the manner and for the purposes and under the rules and regulations concerning the same respectively directed by such Standing Orders, and shall make such memorials and endorsements on and give such acknowledgments and receipts in respect of the same respectively as shall be thereby directed.^ 1 ) II. And be it further enacted, that all persons interested shall have liberty to, and the said clerks of the peace, sheriff clerks, parish clerks, schoolmasters, town clerks and postmasters, and Clerks of the peace, &c. to receive the documents herein men- tioned, and retain them for the pur- poses directed Orders of the Eons* Parliament. Clerks of the &c. to permit snch fits t > be inspected or every of them, are and is hereby required, at all reasonable hours of APPENDIX TO STANDING ORDERS. 169 the day, to permit all persons interested to inspect during a reason- Appendix, able time and make extracts from or copies of the said maps, plans, . sections, books, writings, extracts and copies of or from the same, pe r Sons m _ so deposited with them respectively, on payment by each person terested. to the clerk of the peace, sheriff clerk, clerk of the parish, school- master, town clerk or postmaster having the custody of any such map, plan, section, book, writing, extract or copy, one shilling for every such inspection, and the further sum of one shilling for every hour during which such inspection shall continue after the first hour, and after the rate of sixpence for every one hundred words copied therefrom^ 1 ) III. And be it further enacted, that in case any clerk of the Clerks of the peace, sheriff clerk, parish clerk, schoolmaster, town clerk, post- P eace ' c ; ? r 1 ' ' - ' ' ' L every omission master or other person shall in any matter or thing refuse or to comply with neglect to comply with any of the provisions hereinbefore contained, tne provisions every clerk of the peace, sheriff clerk, parish clerk, schoolmaster, town ii a i,i e to the clerk, postmaster or other person shall for every such offence forfeit penalty of 51., and pay any sum not exceeding - the sum of five pounds ; and every *° recovered iiiii /• <• i ,v ip . , ma summary such penalty shall, upon proof of the offence before any justice of wa y. the peace for the county within which such offence shall be com- mitted, or by the confession of the party offending, or by th j oath of any credible witness, be levied and recovered, together with the costs of the proceedings for the recovery thereof, by distress and sale of the goods and effects of the party offending, by warrant under the hand of such justice, which warrant such justice is hereby empowered to grant, and shall be paid to the person or persons making such complaint ; and it shall be lawful for any such justice of the peace to whom any complaint shall be made of any offence committed against this Act to summon the party complained of before him, and on such summons to hear and determine the matter of such complaint in a summary way, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing or in print shall have been exhibited or taken by or before such justice; and all such proceedings by summons without information shall be as good, valid and effectual to all intents and purposes as if an information in writing had oeen exhibited^ 1 ) ( ') In parishes in England and Wales having a Parish Council the Clerk, if there is one, of such Council, or, if there is not one, then the Chairman, now receives the documents deposited (Local Government Act, 1894, s. 17 ; S. 0. 29, ante.) 170 PRIVATE BILL PROCEDURE. Appendix. 1 & 'J Viet. c. 117. Recited Act repealed. Monies already paid in to be dealt with as directed by former Act. Authority to deposit. APPENDIX (C.) ANNO NONO VICTORIA REGIN^ 1 ) Cap. XX. All Act to amend an Act of the second year of Her present Majesty, for providing for the custody of certain monies paid in pursuance of the Standing Orders of either House of Par- liament by subscribers to works or undertakings to be effected under the authority of Parliament." Whereas an Act was passed in the second year of the reign of Her present Majesty Queen Victoria, intituled, " An Act to provide for the custody of certain monies paid in pursuance of the Standing Orders of either House of Parliament, by subscribers to works or undertakings to be effected under the authority of Parliament :" and whereas it is expedient that the said Act should be repealed and should be re-enacted, with such modifications, extensions and alterations as after mentioned : Be it therefore enacted, by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that the said Act shall be and is hereby repealed : provided always, that all acts done under the provisions of the said Act shall be good, valid and effectual to all intents and purposes, and that all sums of money paid under the provisions of the said Act shall be dealt with in all respects as if this Act had not been passed. II. And be it enacted, that in all cases in which any sum cf money is required by any Standing Order of either House of Parliament, either now in force or hereafter to be in force, to be deposited by the subscribers to any work or undertaking which is to be executed under the authority of an Act of Parliamant, if the director or person or directors or persons having the management of the affairs of such work or undertaking, not exceeding five in number, shall apply to one of the clerks in the office of the Clerk of the Parliaments with respect to any such money required by any Standing Order of the Lords Spiritual and Temporal in Parliament assembled, or to one of the clerks of the Private Bill Office cf the House of Commons with respect to any such money required by any Standing Order of the Commons in Parliament assembled, to be deposited, it shall be lawful for the clerk so applied to, by (') See as to repayment of deposit 55 & 56 Vict. c. 27. APPENDIX TO STANDING ORDERS. 171 warrant or order under his band, to direct that such sum of money Appendix. shall be paid in manner hereinafter mentioned; (that is to say 1 into the Bank of England in the name and with the privity of the accountant-general of the Court of Chancery in England, if the work or undertaking in respect of which the sum of money is required to be deposited is intended to be executed in that part of the United Kingdom called England ; or into any of the banks in Scotland established by A.ct of Parliament or royal charter in the name and with the privity of the Queen's remembrancer of the Court of Exchequer in Scotland, at the option of the person or persons making such application as aforesaid, in case such work or undertaking is intended to be executed in that part of the United Kingdom called Scotland ; or into the Bank of Ireland in the name and with the privity of the accountant-general of the Court of Chancery in Ireland, in case such work or undertaking is intended to be made or executed in that part of the United Kingdom called Ireland ; and such warrant or order shall be a sufficient authority for the acccountant-general of the Court of Chancery in England, the Queen's remembrancer of the Court of Exchequer in Scotland, and the accountant-general of the Court of Chancery in Ireland, respectively, to permit the sum of money directed to be paid by such warrant or order to be placed to an account opened or to be opened in his name in the bank mentioned in such warrant or order. III. And be it enacted, that it shall be lawful for the person or Payment of persons named in such warrant or order, or the survivors or e P 0S1 * survivor of them, to pay the sum mentioned in such warrant or order into the bank mentioned in such warrant or order in the name and with the privity of the officer or person in whose name such sum shall be directed to be paid by such warrant or order, to be placed to his account there ex-parte the work or undertaking mentioned in such warrant or order, pursuant to the method prescribed by any Act or Acts for the time being in force for regulating monies paid into the said courts, and pursuant to the general orders of the said court respectively, and without fee or reward; and every such sum so paid in, or the securities in or upon which the same may be invested as hereinafter mentioned, or the stocks, funds or securities authorized to be transferred or deposited in lieu thereof as hereinafter mentioned, shall there remain until the same, with all interest and dividends (if any) accrued thereon, shall be paid out of such bank, in pursuance of the provisions of this Act: provided always, that in case any such director or person, directors or persons, having the management 172 PRIVATE BILL PROCEDL T RE. Appendix. Investment of deposit. Repayment of deposit. of any such proposed work or undertaking as aforesaid, shall have previously invested iu the Three per Centum Consolidated or the Three per Centum Reduced Bank Annuities, Exchequer Bills, or other government securities, the sum or sums of money required hy any such Standing Order by either House of Parliament as afore- said to be deposited by the subscribers to any work or undertaking which is to be executed under the authority of an Act of Parliament, it shall lie lawful for the person or persons named in such warrant or order, or the survivors or survivor of them, 10 deposit such Exchequer Bills or other Government securities in the bank mentioned in such warrant or order in the name and with the privity of the officer or person in whose name such sum shall by such a warrant or order be directed to be paid, or to transfer such Government stocks or funds into the name of the officer or person ; and such transfer or deposit shall be directed by such clerk of the office of the Clerk of the Parliaments, or such clerk of the Private Bill Office of the House of Commons, as the case may be, in lieu of payment of so much of the sum of money required to be deposited as aforesaid as the same Exchequer Bills or other the Government stocks or funds, will extend to satisfy at the price at which the same were originally purchased by the said person or persons, director or directors, as aforesaid, such price to be proved by production of the broker's certificate of such original purchase. IV. And be it enacted, that if the person or persons named in such warrant or order, or the survivors or survivor of them, desire to have invested any sum so paid into the Bank of England or the Bank of Ireland, or any interest or dividend which may have accrued on any stocks or securities so transferred or deposited as aforesaid, the court in the name of whose accountant-general the saine may have been paid may, on a petition presented to such court, in a summary way by him or them, order that such sum or such interest or dividends shall, until the same be paid out to the parties entitled to the same in pursuance of this Act, be laid out in the Three per Centum Consolidated or Three per Centum Seduced Bank An- nuities, or any Government security or securities, at the option of the aforesaid person or persons, or the survivor or survivors of them. V. And be it enacted, that on the termination of the session of Parliament in which the petition or bill for the purpose of making or sanctioning any such work or undertaking shall have been introduced into Parliament, or if such petition or Bill shall be rejected or fi rally withdrawn by some proceeding in either APPENDIX TO STANDING ORDERS. 173 House of Parliament, or shall not be allowed to proceed, or if the Appendix, person or persons by whom the said money was paid or security deposited, shall have failed to present a petition, or if an Act be passed authorizing the making of such work or undertaking, and if in any of the foregoing cases the person or persons named in such warrant or order, or the survivors or survivor of them, or the majority of such persons, apply by petition to the court in the name of whose accountant-general the sum of money mentioned in such warrant or order shall have been paid, or such Exchequer Bills, stocks, or funds shall have been deposited or transferred as afore- said, or to the Court of Exchequer in Scotland, in case such sum of money shall have teen paid in the name of the said Queen's remembrancer, the court in the name of whose accountant-general or Queen's remembrancer such sum of money shall have been paid, or such Exchequer Bills, stocks or funds shall have been deposited or transferred, shall by order direct the sum of money paid in pursuance of such warrant or order, or the stocks, funds or securities in or upon which the same may have been invested, and the interest or dividends thereof, or the Exchequer Bills, stocks or funds so deposited or transferred as aforesaid, and the interest and dividends thereof, to be paid or transferred to the party or parties so applying, or to any other person or persons whom they may appoint in that behalf ; but no such order shall be made in the case of any such petition or Bill being rejected or not being allowed to proceed, or being withdrawn or not being presented, or of an Act being passed authorizing the making of such work or undertaking, unless upon the production of the certificate of the Chairman of Com- mittees of the House of Lords, with reference to any proceeding in the House of Lords, or of the Speaker of the House of Com- mons, with reference to any proceeding in the House of Commons, that the said petition or bill was rejected or not allowed to proceed, or was withdrawn during its passage through one of the Houses of Parliament, or was not presented, or that such Act was passed, which certificate the said Chairman or Speaker shall grant en the application in writing of the person or persons, or the ma- jority of the persons named in such warrant, or the survivor or survivors of them : Provided always that the granting of any such certificate, or any mistake or error therein or in relation thereto, Granting certi- u ii i i ™ • o i • • i ,- , , • hcate, &c. not snail not make the Chairman or Speaker signing the same liable in to make the respect of any monies, stocks, funds and securities which may be Chairman or paid, deposited, invested or transferred in pursuance of the provi- i^thTsame" sions of this Act, or the interest or dividends thereof. liable. ( 174 ) INDEX TO STANDING ORDERS OF HOUSE OF COMMONS. Note, — The Figures, 127, 238, &c, refer to the Number of each Standing Order relating to Private Bills ; App. (A.), &c, to the Appendices (A.)« (B.) & (C). Additional Provision. See Petitions for Additional Provision. Adjournment of Committees : Causes of adjournment of committee on opposed bill to be specially reported, 127. The committee clerk to give notice of adjournment in the- Private Bill Office, 238. See also Committee Clerk. Postponement of Consideration of Bills in Committee. Advertisements. See Notices by Advertisement. Affidavits : To be admitted by the Examiner in proof of compliance with the Standing Orders, 76. To be admitted by committees on private bills in proof of compliance with such Standing Orders as are directed to be proved before them, 142. And in proof of consents to bills, 143. And in proof of notices and allegations of bills for inclosing lands, 176. How such affidavits shall be sworn, 142. Agents : Declaration by the agent to be annexed to the petition and bill deposited in the Private Bill Office, 32. Particulars required to be stated in the agent's declaration,. ib. Copies of the estimate or declaration of expense of the under- taking to be delivered at the Private Bill Office, for the use of any agent who may apply for the same, 35, 36. Declaration or estimate, signed by the party or agent solicit- ing the bill, may be deposited in certain cases, and no deposit of money required, 59. INDEX TO STANDING ORDERS. 175 Copy of the bill to be laid, under certain circumstances, by the agent before the Chairman of the Committee of Ways and Means and the counsel to Mr. Speaker, 80, 82, 84. Clause or amendment proposed at a certain stage of any private bill to be submitted by the agent to the Chairman of the Committee of Ways and Means, &c, 85. Copy of Lords' amendments, and of proposed amendments thereto, to be laid by the agent before the Chairman of the Committee of Ways and Means, &c, 86. Filled-up copies of the bill, signed by the agent, to be laid by him before each member of the committee, 138. Printed copy of any inclosure or drainage bill to be laid in certain cases by the agent before the committee, 177, 178. Filled-up bill, signed by the agent, to be deposited in the Private Bill Office two clear days before the meeting of the committee, 237. Orders as to the notices to be given in certain cases by the agent in the Private Bill Office, 238 et seq. Name and place of residence of parliamentary agent, in town or in country, to be entered in register at Private Bill Office, 227. Agreements : In bills requiring parliamentary sanction to any agreement, such agreement to be annexed to the bill as a schedule thereto, 174. Agriculture. See Board of. Chamber of. Alternative Lines: No alternative line or work to be, in any case, permitted, 40. Amalgamation of Railway Companies. See Railway Bills, 5. Amendments. See Private Bills. Application to Owners, Lessees, and Occupiers. See Owners, Sfc. Aqueducts. See Canals, fyc. Arches : The height and span of every arch of all bridges and viaducts by which a railway is to cross any public carriage-road, navig- able river, canal, or railway, to be marked in figures on the section, 5 1 . See also Bridges. Assents, Consents, Dissents, and Neuters. See Consents. Drainage Bills. Inclosure Bills. Meetings o-f Proprietors. Owners, fyc. 176 PRIVATE BILL PROCEDURE. B Bills, Private. See Private Bills, Preamble of. Board of Agriculture : Deposit of bills -with the Board of Agriculture, 33&, 60a. Deposit of plans with, 30. Board of Trade : Plans and sections, in cases where any work is situate on tidal lands, to be deposited at the Marine Uepartment of the Board of Trade, 26. Plans, sections, and books of reference, in the case of railway and tramway bills, to be deposited at the Board oi Trade, on or before 30th November, 27. Printed copy of every railway and canal bill, of every com- panies' bill, and of every bill relating to docks, harbours, navigations, piers, or ports, to be deposited at the Harbour Department of the Board of Trade, on or before 21st December, 33. Copy of railway bills brought from the House of Lords to be deposited at the Board of Trade not later than two days after the first reading of the bill, 60. Pieport from officer of the Railway Department of the Board of Trade to be required in certain cases where level of any road is altered or crossed by a railway, 154, 155. Proof, in certain cases, to be given to the satisfaction of the Board of Trade that capital has been paid up, 163. All reports made under the authority of any public depart- ment to be referred to the committee on the bill, 212. Coinmiltees on private bills to notice in their report the re- commendation of any public department referred to them, 150. Committees on railway bills to report specially concerning reports of public departments, 157. Book of Reference : To be deposited, with plan, with the clerk of the peace, &c.,24. And in the case of railways, with the Board of Trade, 27. And in all cases in the Private Bill Office, 25. And so much thereof as relates to each area with the clerk, &c., 29. What book of reference shall contain, 46. To be signed by chairman, &c, if produced before com- mittee, 146. To be verified as Mr. Speaker shall direct, 249. INDEX TO STANDING ORDERS. 177 Bridges : Bills for making and maintaining, included in the 2nd class of private bills, 1. Fence of four feet high required on each side of a bridge crossing a road, 145. Fences to be made on each side of every bridge thrown over a line of railway, 154. See also Arches. Buildings : Buildings, yards, court-yards, and gardens to be shown on the plans on a scale of not less than a quarter of an inch to every 100 feet, 40. Burial Grounds or Cemeteries : Bills for making and maintaining, included in the 1st class of private bills, 1 . Notices to specify limits of, 5. Notice to be served on or before 15th December upon the owner and occupier of every dwelliug-house within 300 yards 15. Requirement as to deposit of plans, &c, in case of power being sought to take or disturb any churchyard, burial ground, or cemetery, 30. Printed copy of bill relating to any churchyard, burial ground, &c, to be deposited at the Home Office on or before the 21st December, 33. Limits of burial ground or cemetery to be defined by clause, 188. c Calls on Shares {Railways) : Clause to be inserted in railway bills prohibiting interest to be paid on calls out of capital, 167. Canals, Cuts, Reservoirs, Aqueducts, and Navigations, fyc. : Bills for making, maintaining, varying, extending, or enlarg- ing, included iu the 2nd class of public bills, 1. Notices by advertisement to contain certain particulars, 7. Requirements as to notices when it is proposed to abstract water from any stream, 14. Section and duplicate to be deposited, together with plan and book of reference, with clerks of peace and sheriff clerks, &c, 24. 178 PRIVATE BILL PROCEDURE. Plans, &c., to be deposited in the Private Bill Office before the 30th November, 25. .Requirement as to deposit of copy of plans, &c, with the clerks of areas, in England, Scotland, and Ireland, 29. Printed copy of every canal bill to be deposited at the Board of Trade, on or before the 21st December, 33. The plan to describe the brooks and streams to be diverted, 41. Section to exhibit the height of embankments and depth of cuttings, 47. Section to show a datum horizontal line to be the same throughout the whole length of the work, and to be referred to a fixed point near either termini, ib. In the case of navigations, the sections to specify the levels of both banks of the river, 48. Where water-level of any canal crossed by a railway will be altered, such alteration to be shown by cross sections, 52. See also General Committee on Railway and Canal Bills. Capital of Railway Companies; Restrictions in regard to the capital of railway companies, 163-168. See also Mortgage. Cemeteries. See Burial grounds, fyc. Chairman of Committee : Course of proceeding when chairman absent, 121. Chairman to have casting vote when voices are equal, 125. To sign plan and book of reference with his name at length, and every alteration with his initials, 146. To sign bill and amendments, 147. To report on allegations of bill, and whether consents have been given where required, 148. To report the bill to the House, and. to report specially any alteration of the preamble, 149. See also Committees on Private Bills. Chairman of Committee of Ways and Means. See Ways and Means, Chairman of Committee of. Chambers of Agriculture, SfC. : May be heard if injuriously affected, 133/;. Chapels. See Churches. Charges. See Tolls and charges. Charges on Public Revenue. See Public Revenue. INDEX TO STANDING ORDERS. 179 Charity Commission : Deposit of bills with, 33. Charters and Corporations : Bills for enlarging or altering powers of, included in the first class of private bills, 1. Christmas Day : No notice to be given, or application made, on Christmas Day, 21. Except in the case of delivery of letters by post, ib. N"o deposit of documents on Christmas Day to be deemed valid, 23. Church Property. See Crown, Church, or Corporation Pro- perty. Churches and Chapels : Bills for building, enlarging, repairing, or maintaining, in- cluded in the first class of private bills, 1. Churchyards. See Burial Grounds or Cemeteries. Classes of Private Bills : Enumeration of subjects to which bills of each of the two classes relate, 1. Clauses. See Private Bills. Cleansing of Towns. See Paving, fyc. Clerk of Committee. See Committee Clerk. Clerk of the Peace : Deposit of documents in his office, 24, 27. Act to compel clerks of the peace, &c, to take custody of documents, App. (B.). Clerk of Union : Parish plan, section, and book of reference to be deposited with, in Ireland, 29. Committee Clerk: To give notice of the time appointed by committees on opposed bills for consideration of remaining bills of groups, 126. To give notice of postponement of consideration of private bill by committee, ib. To enter on the minutes the names of all members attending: o committee, 140. To take down the names of all members voting in any division which may take place in committee, distinguishing on which side they respectively vote, ib. 180 PRIVATE BILL PROCEDURE. Such lists to be given in with the report to the House, ib. Notice of intended appointment of committee to inspect Lords' Journals to be given to committee clerks, 222. To take charge of all private bills when committed, 233. To give notice in Private Bill Office of adjournment of committees, 238. After report on any private bill is made out, to deliver in Private Bill Office a printed copy of bill, with written amend- ments made by committee, 240. Committees on Pkivate Bills : I. Appointment and Constitution of Committees on Private Bills. II. Proceedings of Committees : 1. Committees on opposed bills. 2. Committees on unopposed bills. 3. Committees on bills, whether opposed or unopposed. III. Xotices in the Private Bill Office, and Lists of Com- mittees. I. Appointment and Constitution of Committees on Private Hills : Select Committee on Standing Orders, 91. Committee of Selection, 98. General Committee on Railway and Canal Bills, 99-101. Committees on railway and canal bills, 110. Committees on opposed private bills, not being railway, canal, or divorce bills, 108, 117. Committees on unopposed private bills, not being railway, canal, ro;id, or divorce bills, 109, 137. Committees on road bills, 110. Committee on divorce bills, 189. II. Proceedings of Committees : 1. Committees on opposed bills : In what cases proprietors of incorporated company may be heard before committee, 60. All railway and other private bills may be formed into groups, 103. What bills not to be considered opposed, 107. Declaration of members, 118. No committee to proceed to business until declaration be signed, ib. INDEX TO STANDING ORDERS. 181 Committees to proceed with three members ; but not with a less number, without leave, 119 No member to absent himself, except in case of sickness, or by order of the House, 120. When chairman absent, the next member on the list of those present to take the chair, but in the case of railway and canal bills only, until the general committee on such bills shall have appointed, if they so think fit, another chairman, 121. Proceedings to be suspended if quorum not present, 122. Members not present within one hour, or absenting them- selves, to be reported to the House, 123. Absence of quorum by death, or otherwise, to be reported, 124. Questions to be decided by majority of voices, and chairman to have second or casting vote, 125. Committee on group of bills to consider that bill first which Committee of Selection, or general committee, shall have named, 126. And from time to time to appoint day for consideration of remaining bills, of which clerk of committee to give notice, ib. Committee on each group of bills to require the parties severally promoting or opposing the same to enter appearances, ib. Causes of adjournment of committee to be specially reported, 127. Not to consider petition against bill, except ground of objec- tion sufficiently specified, 128. Not to hear petitioners against bill, unless petition be pre- pared in strict conformity with the rules of the House, and presented not later than ten clear days after first reading, 129. May admit petitioners against bill on ground of competition, 130. In what cases shareholders may be heard before committee, 131. In what cases railway companies may be heard before com- mittee, 133. Chambers of commerce, &c, to be heard in relation to rates and fares, 133a. In what cases municipal authorities, and inhabitants of towns, &c, may be heard before committee, 134. Local authorities entitled to be heard against lighting and water bills injuriously affecting their interests, 134a. N 1X2 PRIVATE BILL PROCEDURE. Course to be pursued in case of opposed bills in which no parties shall appear upon their petitions against bills, 136. Four clear days' notice to be given of meeting of committee, 236. 2. Committees on unopposed bills: Quorum of committee, 137. Chairman of Committee of Ways and Means may report special circumstances, or that a bill ought to be treated as opposed, 83. Local member not to vote in committee on unopposed bills, 139. 3. Committees on bills, whether opposed or unopposed : The Committee of Selection to fix the time for the first sitting of every committee on a private bill, subject to the order in regard to the interval between the second reading and the sitting of the committee, 105, 211. All reports from public departments to stand referred to committee, 212. Filled-up copies of bill to be laid before each member of the committee, 138. Names of members attending to be entered on the minutes of the committee, 140. Committee not to inquire into compliance with any Standing Orders which are directed to be proved before the Examiner, 141. The committee may admit affidavits in proof of compliance with such Standing Orders as are required to be proved before them, 142. Consents, how to be proved before them, 143. Petitioner who has discussed clauses of a bill in House of Lords not precluded from opposing preamble of bill in this House, 143«. Clause compelling payment of subscriptions, 144. Allegations of bills to be reported, 148. And preamble and clauses and any alteration of preamble to be specially reported, 149. Chairman to report, where parties have stated that they do not intend to proceed with the bill, 149. The committee to notice in their report any recommendation from any Government department upon the bill, 150. Minutes of committee to be laid on the table with the report, 152. INDEX TO STANDING ORDERS. 183 Committee to consider clauses of bill in reference to matters affecting local government or rating, and report of committee to be printed and circulated with votes, 173a. In case of bill providing for compensation for water im- pounded, committee to inquire into expediency of making the flow continuous, and to report accordingly, 184. The report on every private bill to lie upon the table ; and the bill, if amended in committee, or a railway bill, when reported, to be ordered to lie upon the table, 213. Every other bill, when reported, to be ordered to be read a third time, ib. Bill to be printed after the report, 214. Committee clerk, after report is made out, to deliver in Private Bill Office a printed copy of bill, with written amend- ments made by committee, 240. Re-committed Bill. — One clear day's notice to be given of meeting, 236. Raihoays. — Orders regulating proceedings of committees on railway bills, 153 — 169. Letters Patent. — The like as to committees on letters patent bills, 175. Inclosure and Drainage Bills. — The like as to committees on inclosure and drainage bills, 176-182. Inclosures. — The like as to committees on private bills con- taining provisions relating to the inclosure of land, 183. Public Carriage Road Bills. — The like as to committees on road bills, 110. Turnpike Roads {Ireland). — The like as to committees on turnpike road bills (Ireland), 187. Divorce Bills, Select Committee on. — The like as to com- mittees on divorce bills, 189-192. Opposed Private Bills. — Four clear days' notice of the day and hour appointed for the meeting of the committee, to be given by the clerk to the Committee of Selection to the clerks in the Private Bill Oflace, 236. III. Notices in the Private Bill Office, and Lists of Com- mittees : Notice to be given of sitting of committee on the bill, 236. Notice of adjournment, 238. Time for delivering notices, 247. Daily lists of committees sitting to be prepared and hung up in the lobby, 248. N 2 184 PRIVATE BILL PROCEDURE. Committee of Selection. See Selection, Committee of. Committee to inspect Lords' Journals: Notice of intention to appoint committee to be given to com mittee clerks, 222. Companies : Bills for incorporating, regulating, or giving powers to, in- cluded in the 1st class of private bills, 1. See also Private Dills. Compensation Water. See Water. Competition : The committee on a bill may admit petitioners to be heard against a bill on the ground of competition, 130. Completion of Line : Clause imposing penalty unless line be opened, 158. Deposit to be impounded as security for completion of line, ib. Deposit or penalty in compensation to parties injured, ib. Time limited for, ib. Consents : Bills originating in the Commons, or brought from the Lords, empowering certain companies to do any act not authorized by the instruments constituting or regulating the same, to be approved in certain cases by a special resolution of the company, and in other cases consented to by a majority of the share- holders, G3-6o. Requirements as to consent of proprietors in respect of sums to be raised in aid of undertaking of another company, 6G. In cases of bills brought from the Lords, for the purpose of establishing a company for carrying on any work or under- taking, the consent of directors, &c, named in bill to be proved, 68. How the consents of parties concerned in any interest in any private bill may be proved, 143. Consent 35111 and Statement to be delivered in to committee on any inclosure bill, 177. The like in regard to any drainage bill, 178. Corporation J > ropcrtij. See Crown, fyc, Property. Corporations. See Charters and Corporations. Cor recti on, Houses of. See Gaols, fyc. Counsel : Petitioners depositing a petition against a bill in the Private Bill Office, praying to be heard by themselves, their counsel INDEX TO STANDING ORDERS. 185 or agents, to be heard before the committee on the bill accord- ingly, 210. Counsel to Mr. Speaker : To assist the Chairman of Ways and Means in the exami- nation of all private bills, whether opposed or unopposed, 80. See also Ways and Means, Chairman of Committee of. County Rates : Bills relative to, included in the first class of private bills, 1. County or Shire Hall, Court House : Bills relative to, included in the first class of private bills, 1. Cross Sections. See Railway Bills, 3. Sections. Crossings {Railways) . See Level Crossings. Crown, Church, or Corporation Property : Bills respecting, included in the first class of private bills, 1. Notices to be served, in bills relating thereto, upon owners, lessees, trustees, &c, 17. Curves {Railways) : A memorandum of the radius of every curve not exceeding one mile in length, to be noted on the plan of every railway in furlongs and chains, 42. Committees on Bailway Bills to direct their attention es- pecially thereto, and to take evidence thereon, 157. Custody of Documents : Act to compel Clerks of the Peace and others to take the custody of documents required to be deposited by the Standing Orders of either House of Parliament, App. (B). Custody of Monies : Act providing for custody of monies paid in pursuance of Standing Orders, App. (C). Custody of Private Bills : In whose custody private bills are to be kept, 233. Cuts, Cuttings, fyc. : Bills for making, maintaining, or varying, to be included in second class of Private Bills, 1. The depth of every cutting to be exhibited on the section, 47. Extreme depth of every cutting exceeding five feet to be marked on the section of every railway, and on each side of any intervening tunnel, 53. See also Canals, Cuts, fyc. 180 PRIVATE BILL PROCEDURE. D Datum Horizontal Line : To be the same throughout the whole length of the work, and to be referred to some fixed point (stated in writing on the section) near some portion of the work, or of the termini, 47. In the case of railways, the distances on Datum line to be marked in miles and furlongs, to correspond with those on the plan, and a vertical measure from the Datum line to the line of railway to be marked at each change of gradient, &e., 50. December : Applications to be made to owners, lessees, and occupiers on or before 15th December, 11-10. If sent by post, to be posted on or before 12th December, 19. Xotices to be given to owners and occupiers of houses on or before 15th December in the cases of any bill for a burial ground or cemetery, or for gas works, 15. Deposits to be made on or before the 21st December, 32-34a. Deposits to be made on or before 31st December, 35, 35«, 30. Deposit in the Private Bill Office to be made on or before 31st December, of statement of houses occupied by the labour- ing classes to be displaced by the promoters, 38. Declaration of Promoters or Party soliciting Bill : Printed copies to be deposited in the Vote Office and Private Bill Office, 35, 35a, 36. Cases wherein a declaration may be deposited and wherein deposits of money are not to be required, 58, 59. Declaration of Agents. See Agents. Declaration of Members : Blank form of declaration to be transmitted to every member when appointed to serve on a committee on a private bill, 112. The name of every member to be reported to the House if he return no answer, 113. Declaration to be signed by members, 118. And no committee to proceed to business until declaration be signed, ib. Definition of Improvement, fyc. • Definition of improvement and limits of improvement area, 454. INDEX TO STANDING ORDERS, 187 Deposit of Documents : Documents required to be deposited, and times and places of deposit, viz.: Deposits on or before 30tb November, 24-31. Deposits on or before 21st December, 32-34a. Deposits on or before 31st December, 35, 35«, 30. Deposits on or before 31st December, in the Private Bill Office, of statement of bouses occupied by the labouring classes to be displaced by the promoters, 38. No deposit to be valid if made on Sunday, Christmas Day, Good Friday, or Easter Monday, or before eight in the fore- noon or after eight in the afternoon, 23. Time for making deposits in Private Bill Office, 247. See also Memorials. Petitions against Private Bills. Petitions relating to Private Bills. Deposit of Money : Five per cent, on the amount of the estimate of expense in the case of railway bills, and four per cent, in the case of all other bills, to be deposited with Court of Chancery in England, Court of Exchequer in Scotland, or Court of Chancery in Ire- land, before 15th January, 57. Clause to be inserted in every railway bill, providing for application of deposit or penalty in compensation to parties in- jured, 158. In case of abandonment of railway or tramway bill, and release of deposit money, committee on bill to report to House how recommendations of Board of Trade on the bill have been dealt with by committee, 158a. Clause to be inserted in every railway bill prohibiting pay- ment of deposits required by the Standing Orders out of capital raised under existing Acts, 168. Act to provide for the custody of monies paid in pursuance of the Standing Orders, App. (C). Deviation, Limits of: To be defined upon the plan, and all lands included within the same to be marked thereon, 40. Book of reference to contain the names of owners, lessees and occupiers of lands and houses within the limits of devia- tion, 46. Dispensing with Standing Orders. See Petitions for Dispensa- tion, fyc. 188 'PRIVATE BILL PROCEDURE. Distances : In plans of railways, the distances to be marked in miles and furlongs from one of the termini, 42. And on the Datum line of the section, to correspond with those on the plan, 50. Diversion, Widening or Narrowing of Roads, §c. See Public Carriage Roads. Dividends : Not to be authorized on shares until the completion of the line for traffic, 1G4.' Divisions : In committees on private bills, 125, 140. Divorce Bills : Appointment of the Select Committee on divorce bills, 189. What evidence to be given before the Select Committee on divorce bills, 190. When petitioner for bill to attend committee, 191. Committee to report bill in all cases, 192. Every divorce bill after second reading aud commitment to be referred to the Select Committee on divorce bills, 208. Docks, Harbours, Navigations, Piers, and Ports ; Bills for making and maintaining, included in the 2nd class of private bills, 1. Printed copy of bill to be deposited at the Office of the Har- bour department of the Board of Trade, 33. Form of estimate for works proposed by any dock or harbour bill, 37. Railway companies not to acquire any canals, docks, &c., unless the committee on the bill report that such restriction ought not to be enforced, 156. Documents, Custody of. See Custody of Documents. Documents, Deposit of. See Deposit of Documents. Drainage Bills : Included in the 2nd class of private bills, 1. Consent bill and statement of value of property, of assents, dissents, and neuters, to be delivered in to the committee on the bill, 178. Dublin Gazette. See Gazette. Duplicates of Plans and Sections. See Plans ; Sections. INDEX TO STANDING ORDERS. 189 E Easter Monday : No notice to be given or application made on Easter Mon- day, 21. Except in the case of delivery of letters by post, ib. No deposit of documents on Easter Monday to be deemed valid, 23. Edinburgh Gazette. See Gazette. Education Office : Printed copy of every bill affecting the boundaries of any school district, or the jurisdiction of any school board, to be de- posited at the Education Office, 33. Embankments : Bills for making and maintaining, included in the 2nd class of private bills, 1 . The section to exhibit the height of every embankment, 47. Extreme height thereof, when exceeding five feet, to be marked in figures on the section of every railway, and on each side of airy intervening bridge or viaduct, 53, Enlarged Plans : To be added of any building, yard, courtyard, or land within the curtilage of any building, or of any ground cultivated as a garden, 40. Estate Bills : Three clear days between the second reading of estate bills (not being lulls relating to crown, church, or corporation property) and the sitting of the committee thereupon, 211. Committee on bill to report specially in certain cases, and report to be printed and circulated with the votes, 188b. Estimate of Application of Money : Estimates of proposed application of money borrowed by local authorities to be recited in bill, and proved before Select Committee thereon, 172. Estimate of Expense : Form of estimate for works proposed to be authorized by any railway, dock, or harbour bill, 37. Estimate of the expense of the undertaking under each bill of the 2nd class to be made, and signed by the person making the same, 56. Printed copies to be delivered at the Vote Office and Private Bill Office on or before the 31st December, 3G. 190 PRIVATE BILL PROCEDURE. The committee on each railway bill to report specially there- on, 157. See also Deposit of Money. Tramways. Estimate of Hates, §c. : Declaration and estimate of amount of rates may be depo- sited, and in such case no deposit of money to be required, 59. Examination of Private Bills: All private bills to be examined by clerks in the Private Bill Office, between the first and second reading, 234. Examiners of Petitions for Private Bills : Appointed by Mr. Speaker, 2. Standing Orders, compliance with which is to be proved before them, 3-68. Petition to be deposited in the Private Bill Office, and en- dorsed by one of the Examiners, before any private bill can be brought in, 32, 193. Standing Orders as to the duties of, and practice before, the Examiners, 69-78. To commence the Examination of petitions on the 18th January, 09. Examiner to give at least seven clear days' notice of the day appointed for the examination of each petition ; and if the parties do not appear, to strike the petition off the list, 70. To hear parties on memorials complaining of non-compliance with the Standing Orders, 74. To be at liberty to entertain memorials complaining of non- compliance with the Standing Orders in reference to petitions for additional provision, to bills from the Lords, &c., although the party affected shall not have signed the same, 232. The Examiner to hear individual proprietors, or shareholders, who dissent at meetings of proprietors called under Orders 62 to 66 ; 75. To admit affidavits in proof of compliance with the Standing Orders, 76. To indorse each petition for a private bill, and when Stand- ing Orders not complied with, to report to the House, 71. To give two clear days' notice of examination of petitions for additional provision, and in the case of certain bills, 70, 73. To report in respect of bills originating in the House of Lords, and, where Standing Orders not complied with, to set forth separately any special circumstances connected with the case, 72, 77. INDEX TO STANDING ORDERS. 191 In certain cases to make a special report, 78. All petitions for additional provision in bills from the Lords, and bills introduced by leave in lieu of other bills withdrawn and bills to confirm any provisional order, to be referred to the Examiners, 72. All reports in which he shall report that the Standing Orders have not been complied with, and all special reports of the Examiner, to be referred to Standing Orders Committee, 199. Daily lists of petitions for private bills on which the ex- aminers are appointed to sit, to be prepared and hung up in the lobby, 248. F Fences. See Bridges, ferries : Bills relative to, included in the 1st class of private bills, 1. And in the 2nd class where any work is to be executed, ib. No railway company to acquire any ferry, unless the com- mittee on the bill report that such restriction ought not to be enforced, 156. Filled-up Bill: To be deposited in Private Bill Office, 237. Fisheries : Bills relating to, included in the 1st class of private bills, 1. Frontagers. See Tramways. G Gaols and Houses of Correction : Bills relative to, included in the 1st class of private bills, 1. Gardens : Enlarged plan, on a scale of not less than a quarter of an inch to every 100 feet, required in the case of any ground cultivated as a garden, 40. Gas or Water Companies : Provision for raising additional capital, 188a. Gas Works : Bills relating to, included in the 1st class of private bills, 1. "Notices of bills to specify limits of, 5. Notice to be given on or before 15th December to the owner and occupier of every dwelling-house within 300 yards, 15. Clause to define limits of works, 188. 102 PRIVATE BILL PROCEDURE. Gazitti | London, Edinburgh, or Dublin) : Publication of notices therein, directed, 9. A copy of the Gazette notice to be deposited, together with plans, sections, and books of reference, with clerks of peace, parish clerks, and elsewhere, 31. General Committee on Railway and Canal Bills : Constitution of the committee; nomination of members; quorum, 99. Members discharged from attendance, and others substituted in their room, 100. Chairman appointed, ib. The general committee to appoint from among themselves the chairman of each committee on a railway or canal bill, or group of such bills, 101. Notice to be given by the clerk of the general committee of the day and hour appointed for the meeting of all committees referred to the general committee, 23G. General List of Petitions : To be kept in the Private Bill Office, and each petition numbered, 22*). Genera/ Railway Act : Clause to be inserted in every railway bill, providing that the railway shall not be exempt from any general Act, 169. General Register Office, Somerset House: Copy of bill altering boundary of administrative area, or re- lating to matter within Births and Deaths Registration Acts, to be deposited at General Register Office, Somerset House,60«. Good Friday : No notice to be given or application made on Good Friday, 21. Except in the case of delivery of letters by post, ib. No deposit of documents on Good Friday to be deemed valid, 23. Gradients : Proportion or rate of inclination between each change of gradient to be marked upon the section of every railway, 50. Committees on railway bills to direct their attention espe- cially thereto, and to take evidence thereon, 157. Grand dun/ Cess, fyc, (Inland) .- Railway bills charging payments on grand jury cess or Other local rate to be submitted to and approved by grand jury or local authority, 67. INDEX TO STANDING OEDEES. 193 Notices to be given of intention to submit such bills, ib. Requirements as to approval by the Grand Jury or local authority, and as to presentment or resolution being deposited in the Private Bill Office, ib. Groups of Bills : Committee of Selection may group all private bills not being railway or canal bills, and shall report the same to the House, 103. And the general committee on railway and canal bills may group all railway and canal bills, ib. Committee on each group to consider that bill first which the Committee of Selection or the general committee shall have named, 12G. And from time to time appoint days for consideration of remaining bills, ib. See also Committees on Private Bills. H Harbour Department (Board of Trade). See Board of Trade. Harbours. See Docks, Harbours, tyc. Home Office: Requirement as to the deposit of plans, &c, at the Home Office, when power is sought to take or disturb a churchyard or burial ground, 30. Printed copy of every bill relating to a local court or stipen- diary magistrate to be deposited at the Home Office on or before 21st December, 33. House of Commons, Practice of the : Orders regulating the practice of the House with regard to private bills, 193-226. Houses of Correction. See Gaols, fyc. Houses of the Labouring Classes. See Labouring Classes. House of Lords. See Consents. Lords, S,c. Private Bills. Ways and Means, Chairman of Committee of. Improvement Commissioners : Printed copy of bill applied for by or on behalf of, to be de- posited at the office of the Local Government Board, 33. Improvement, Definition of. See Definition. 194 PRIVATE BILL PROCEDURE. Improvement of Towns. See Paving, $c. Indosure Hills : Included in the 1st class of private bills, 1. Notices and allegations to be proved by affidavit, according to the provisions of the General Inclosure Act, 176. Consent bill, and statement of value of property, of assents, dissents, and neuters, to be delivered in to the committee, 177. Clause to be inserted for leaving open space for exercise and recreation, 179. Consent bill to contain names of commissioners; also the compensations for manorial rights, tithes, and enfranchisement of copyholds, 180. Disqualification of commissioners, umpires, surveyors, or valuers, 181. Clauses to be inserted for settling pay of commissioners and pussing their accounts, 182. I /'closures : Committee on any private bill containing provisions relating to the inclosure of land in certain cases to make a special report, 183. Introduction of Private Bills. See Private Bills. J January : Deposits of money to be made on or before 15th January, 57. Examiners of petitions for private bills to commence their sittings on 18th January, 69. Joint Stock Compemies : Documents to be deposited in the case of bills for incor- porating joint stock companies, 35a. Jim ruals (Lords). See Lords'" Journals. Junctions (Railways) : In ciise of proposed junctions, course of existing line to be shown on plan, 44. Labouring C 'lasses, Houses of the : Statement relating to houses inhabited by labouring classes to be deposited in Private Bill Office and office of Central Authority, on or before 31st December, 38, 183a. INDEX TO STANDING ORDERS. 195 Lease of Railways. See Railway Bills, 5. Lessees. See Owners, $c. Letters Patent Bills : Included in the 1st class of private bills, 1. Name of the invention, in capital letters, to be prefixed to the notice, 8. And also a description of the invention and term of duration of the letters patent, ib. Copy of letters patent to be annexed to any bill for restoring the same, 175. Level Crossings {Railways') : To be so described on section, and whether level will be un- altered, 51. Not to be permitted, unless the Committee report that such restriction ought not to be enforced, 155. The committee on a railway bill specially to consider and to report whether it be intended that the railway shall cross on a level any railway, tramway, tramroad, or highway, 157. Lighting of Towns. See Paving, fyc. IJst of Petitions. See General List of Petitions. Lists of Committees : Daily lists of committees and of examiners sitting to be hung up in the lobby, 248. L,ists of Owners, Lessees, and Occupiers. See Owners, §c. Loans. See Local Government. Mortgage. Local Boards ; Printed copy of every bill applied for by or on behalf of any local board to be deposited at the office of the Local Govern- ment Board, 33. Local Courts ; . Bills for constituting, included in the 1st class of private bills, 1. Printed copy of bill to be deposited at Home Office, 33. Local Government : Copy of bill for conferring powers, &c, on municipal cor- poration, local board, or any local authority, to be deposited at office of the Local Government Board, 60a. Estimates of proposed application of money borrowed by local authorities in certain casas to be recited in the bill, and proved before the Select Committee thereon, 172. As to bills relating to local government in Ireland, 173. 196 PRIVATE BILL PROCEDURE. Committee oil bill to consider its clauses in reference to various matters affecting local government or rating, and report of committee to House to be printed and circulated with votes, 173a. Local Interest : Committees on railway and canal bills to be composed of members not locally interested, 116. The like in regard to committees upon opposed private bills, 108, 117. How to be represented in committees upon unopposed private bills, 109, 137. Declaration of members, 118. Local authorities to have a locus standi against lighting and water bills, 134a. Members added in respect of local representation not to vote, 139. Locus Standi : Orders with reference to the locus standi of petitioners against private bills, 75, 128-135. London County Council ; Deposit of plans, etc., with London County Council on or before 30th November, 28. Copy of bills relating to works within limits of the adminis- trative county of London to be deposited with the London County Council on or before 21st December, 34. Money bills promoted by the London County Council to be, introduced as public bills, and after second reading to be re- ferred to a Select Committee, nominated by the Committee of Selection, 194. London Gazette. See Gazette. Lords' Amendments to (Private) Bills. See Private Bills. Lords, House of: Copy of every railway, tramway, subway and canal bill brought from the House of Lords to be deposited at the Board of Trade, 60. Requirements in the event of alteration, during the progress through the House of Lords, of any work authorised by bill -c. Docks, Harbours, fyc. Newspapers : Publication of notices therein, directed, 9. See also Gazette, Notices by Advertisement : Notices by advertisement to state objects of bill, and powers to be sought thereby, 3, Also to contain the names of the parishes through which the work is intended to be made, and to state the time and place of deposit of plans, 4. In cases of burial grounds or gas works, notices to specify limits thereof, 5. o 2 200 PRIVATE BILL PROCEDURE. Particulars to be specified by notices in cases of tramway bills, (5. In cases of cuts, canals, reservoirs, aqueducts, and navi- gations, 7. In cases of bills relating to letters pateut, 8. Wben and where notices to be published, 9. Notices to Owners, Lessees, and Occupiers. See Owners, fyc. Notices in the Private Bill Office. See Private Bill Office. Notices, Service of. See Service of Notices. November : Notices to be published in, 9. Deposits to be made on or before 30th November, 24-31, 39. O October: Notices to be published in, 9. Opposed Private Bills. See Committees on Private Bills. Petitions against Private Bills. Private Bills. Ways and Means, Chairman of Committee of. Orders of the Day : See Provisional Order Bills, 225a. Oioners, Lessees, and Occupiers : Where lands or houses are to be taken, application to be made to owners, lessees and occupiers on or before the 15th December, 11. Requirements as to notice in cases of alteration or repeal of provisions, 17. How applications are to be made, and notices served, 19. Evidence of service, 20. Lists of those who have assented, dissented, or are neuter, to he made out and deposited in the Private Bill Office, by the 31s1 December, 12, 35. In the case of any burial ground or cemetery, or gas works, notice to be given on or before 15th December to the owner and occupier of every dwelling-house within 300 yards, 15. Notice to be served, in bills relating to crown, church, or corporation property, upon owners, lessees, trustees, &c, 17. Notice of the relinquishment of works to be served upon owners, lessees, and occupiers, 16. No notice to be given or application made on Sunday, Christmas-day, Good Friday, or Easter Monday, or before INDEX TO STANDING ORDERS. 201 eight in the forenoon, or after eight in the afternoon, except by post, 21. Form of application to owners, lessees, and occupiers, App. (A.) Book of reference to contain names of all owners, lessees and occupiers, within limits of deviation, 46. Owners, lessees, or occupiers of houses, &c, affected by pro- posed tramways, entitled to be heard before select committees, 135. See also Drainage Bills. Inclosure Bills. Parish Clerks : Parish plan, section, and book of reference to be deposited with, on or before 30th November, 29. Patents. See Letters Patent Bills. Parliamentary Agents. See Agents. Paving, Lighting, Watching, Cleansing, or Improving Towns : Bills for, included in the 1st class of private bills, 1. Petitions, General List of. See General List. Petitions for Private Bills : Petition for bill, with agent's declaration and printed copy of bill annexed, to be deposited in the Private Bill Office on or before 21st December, 32. Such petition, bill, and declaration, to be open to the inspec- tion of all parties, ib. Printed copies of the bill to be delivered therewith for the use of members or agents applying for the same, ib. Each petition to be certified or indorsed by one of the Ex- aminers, 71. Petitions for re-insertion of petitions in the general list to be presented to the House by deposit of the same in the Private Bill Office, 200. When any petition struck off the general list of petitions, the committee on Standing Orders to report whether it ought to be re-inserted, 96. Petition to be signed by the parties, and to be indorsed by one of the Examiners, 193. To be presented not later than three clear days after the same have been indorsed by the Examiner, 195. 202 PRIVATE BILL PROCEDURE. A list of, to be kept in the Private Bill Office, to be called the " General List of Petitions," 220. See also Examiners of Petitions for Private Bills. Petition* against Private Bills : Xot to be considered by the committee on the bill unless the grounds of objection be distinctly specified, 128. To be presented, by being deposited in the Private Bill Office not later than ten clear days after first reading, &c, 129. To stand referred to the committee on the bill, if deposited not later than ten clear days after the first reading of such bill, 210. Petitioners against bill not to he heard unless petition be prepared in strict conformity to the rules of the House, 129. Committee may admit petitioners to be heard against a bill on the ground of competition, 130. In what cases shareholders are to be heard, 75, 131, 132. In what cases railway companies are to be heard, 133. Also municipal authorities and inhabitants of towns, &c, 134. Also proprietors in incorporated companies in certain cases, 66. Petitions relating to Private Bills : To be presented to the House by being deposited in the Private Bill Office, 205. Name of bill to be written on every petition, with statement whether the same be in favour of or against the bill, or other- wise, ib. Any petitioner may withdraw his petition, on depositing a requisition to that effect in the Private Bill Office, 206. Petitions for additional Provision : Requirements as to consent of proprietors in cases of pro- posed amendment of any bill, on petition for additional pro- vision, 66. Petitions for additional provision in private bill, with the proposed clauses annexed, to be referred to the Examiners of petitions, who shall report thereon, 72. Examiner to give two days' notice, and to report whether Standing < >rders have been complied with or not, 73. Nut to lie received, unless a copy of the proposed clauses be annexed, 198. All such petitions to be referred to the Examiner of petitions tor private bills, 72. Regulation as to memorials being deposited and entertained in respect of non-compliance with the Standing Orders in reference to petitions for additional provision, 232. INDEX TO STANDING ORDERS. 203 Petitions against Provisional Order Confirmation Bills : To stand referred to committee on bill if presented not later than seven clear days after the notice by the Examiners of the day appointed for examination of the bill, 210. Petitions for Dispensation, Re- petitions for dispensing with sessional or Standing Orders, and petitions opposing the same, to be presented to the House by depositing the same in the Private Bill Office, 200. And to be referred to the Standing Orders Committee, ib. Who are to report thereon, 95. Petitions, Withdrawal of. See Withdrawal. Piers. See Docks, Harbours, 8fC. Plans : Deposit of Plans, Sections, SfC. — Notices by advertisement to state time and place of deposit of plans, sections, &c, 4. Plan and duplicate, with book of reference, and section and duplicate, to be deposited with clerks of peace or sheriff clerks on or before 30th November, 24. Clerks of peace or sheriff clerks to indorse a memorial on plans, &c, stating time of deposit, ib. In case of tidal lands, plans and sections to be deposited at the Harbour Department of the Board of Trade, on or before 30th November, 26. When works on banks, &c, of any river, plans, sections and map to be deposited at the office of the conservators of the river, 2G«. In railway bills, the Ordnance Map or a published map to be deposited with plans, &c, with the clerks of peace or sheriff clerks, 24. In railway, tramway, subway, and canal bills, plans, sections, books of reference and published map to be deposited at the office of the Boar I of Trade, on or before 30th November, 27. Deposit of plans, sections, and books of reference ; and in the case of railways, a published map, at Private Bill Office, on or before 30th November, 25. Deposit of plans, &c, with the London County Council on or before 30th November, 28. Copies of so much thereof as relates to each area, to be de- posited with clerk, &c, on or before 30th November, &c, 29. And copy of Gazette Notice, with plans, sections, &c, 31. Requirement as to the deposit of plans, &c., at the Home Office in case of disturbance of a burial ground, 30. 204 PIUVATE BILL PROCEDURE. Duplicates of plans, &c, in cases of application for Provisional Orders or certificates to be deposited in Private Bill Office, 39. Receipt of, to be acknowledged by one of the clerks in the Private Bill Office, 228. Form in which plans are to be prepared. — To describe the lands intended to be taken ; the line or situation of the whole of the work, and the lands in or through which it is to be made ; the limits of deviation, and all lands within the same to be shown, 40. To be on a scale of not less than four inches to a mile ; and in certain cases buildings, yards, courtyards, and gardens to be on an enlarged scale of not less than a quarter of an inch to every 100 feet, ib. To describe brooks and streams proposed to be diverted in the case of canal, &c, bills, 41. In the case of railway bills, to set forth certain particulars in connection with extensions, curves, tunnelling, &c, 42. To specify the intended widening or narrowing of any road, canal, railway, &c, 43. In the case of railway junctions to show eourse of existing line, 44. Everv plan and book of reference thereto, produced in evi- dence before committee, to be signed at length by Chairman of Committee, and every alteration with his initials, 140. Plan and book of reference certified by the Speaker, in pur- suance of any Act of Parliament, to be verified as the Speaker shall direct, 249. See also Canals, $c. Railway Bills. Sections. Tramways. Police : Bills relative to, included in 1st class of private bills, 1. Poor and Poor Rate : Bills relative to, included in the 1st class of private bills, 1. Ports. See Docks, Harbours, Sj-c. Post Office: Service <>f applications and notices by post, and evidence thereof, 12, 19-21. Printed copy of every private bill to be deposited at the General Post Office <>n or before 21st December, 33. Postponement of Consideration of Bills in Committee : The committee clerk to give notice of postponement in the Private Bill Office, 120. See also Adjournment of Committees. Committee Clerk. INDEX TO STANDING ORDERS. 205 Preamble of Private Bills : Petitioner who has discussed clauses of a bill iu House of Lords not precluded from opposing preamble of bill in this House, 143«. When any alteration has been made in the preamble of any bill, such alteration, together with the ground of making it, to be specially reported, 149. Preference Shares : In railway bills granting preference in payment of interest, &c, provision to be made that the same shall not prejudice former grants of preference, 160. And no such company to be authorized to alter the terms of any preference except under special circumstances, 101. Presentation of Private Bills : Form in which private bills are to be presented to the House, 196, 201, 202. No bill to be read a iirst time unless presented not later than one clear day after the presentation of the petition for leave to bring in the same, 197. Principal Sheriff Clerk (Scot land) : Deposit of documents in his office, 24, 27. 31. Private Bill Office : Notices of intended application for private bill to specify time when copies of the bill will be deposited in the Private Bill Office, 3. No deposit to be valid if made on a Sunday or Christmas- day, or before eight o'clock in the forenoon, or after eight o'clock in the afternoon, 23. Documents required to be deposited in the Private Bill Office on or before 30th November : viz., plans, sections, and books of reference, and in the case of railways, published map, 25. Also, copy of Gazette notices, 31. Duplicates of plans, &c., in cases of applications for provi- sional orders or certificates, 39. Sundry other documents to be deposited in the Private Bill Office, 39, 63, 67, 200, 230-232. Documents required to be deposited in the Private Bill Office on or before 21st December; viz., petition for bill, with agent's declaration, and printed copy of bill annexed, 32. Also printed copies of the bill for the use of members and agents applying for the same, ib. 206 l'U 1VATE BILL 1'HOCKDURE. Documents required to be deposited on or before the 31st December, viz. : Estimates, declarations, and lists of owners, lessees and occupiers, 35. Lists of assents, dissents and neuters, 12, 35. Documents to be deposited in the case of bills of the 1st class, for incorporating joint stock companies, 35a. Printed copies of estimate and declaration, 36. Statement as to displacement of the labouring classes from houses sought to be taken by promoters, to be deposited in Private Bill Office on or before 31st December, 38. Two days' notice of day appointed by the committee on each group, for entering upon the consideration of each bill in such group, to be given by the committee clerk to the Private Bill Office, 126. Petition against bill to be deposited in the Private Bill Office not later than ten clear days after the first reading, &c, 129. Petitions in favour of, or against, or otherwise relating to, private bills to be presented to the House, by being deposited in the Private Bill Office, 205. Petition may be withdrawn on deposit in the Private Bill Office on requisition to that effect, 206. Orders regulating the practice in the Private Bill Office, 227-249. Registers to be kept by the clerks in the Private Bill Office, 227. Notices in the Private Bill Office, time for delivery of, 247. See also Committees on Private Bills, III. Private Bills : Division of private bills into two classes, 1. A printed copy of every private bill to be deposited in the Private Bill Office on or before the 21st December, 32. Printed copies of the bill to be delivered at the Private Bill Office, for the use of any member or agent applying for the same, ib. Printed copy of every private bill to be deposited at Her Majesty's Treasury on or before 21st December, 33. Of evei \ railway and canal bill, and of every bill for incor- porating or giving powers to any company at the Board of Trade, ib. Of every bill relating to docks, harbours, &c, at the Harbour Department of the Hoard of Trade} ib. INDEX TO STANDING ORDERS. 207 And of every road bill at the office of the Local Government Board, 33. Copy of bills relating to works within limits of the admi- nistrative county of London to be deposited with the London County Council on or before 21st December, 34. Bills originating in this House and conferring additional powers on the promoting company, to be submitted to pro- prietors of such company, 62. Bills brought from the House of Lords to be submitted to proprietors of promoting company and of other companies in certain cases, 64. Dissenting proprietors to be allowed to be heard against proposed bills, 75. The Chairman of Ways and Means to confer with the Chair- man of Committees of the House of Lords, for the purpose of determining in which House of Parliament the respective bills should be first considered, 79. Orders regulating the practice of the House with regard to private bills, 193-226. To be brought in upon petition, signed by the parties, and indorsed by one of the Examiners, 193. Time limited for first reading, 197. When Standing Orders applicable to bill brought in on motion are not complied with, order of the day relating to the bill to be discharged, 200«. Orders as to the mode of printing, 201-203. Every private bill (except name bills) to be printed, and copies delivered to Vote Office before the first reading, 203. Interval between first and second reading, 204. Three clear days' notice of second reading to be given in the Private Bill Office, 235. When second reading is opposed, consideration thereof to be postponed until the next sitting of the House, 207. Printed copies of private bills to be laid before the Com- mitte of Selection and General Committee at the first meeting of the said committees, 102. Every private bill (except railway, canal, or divorce bills), when read a second time aud committed, to be referred to Committee of Selection, 208. If a railway or canal bill, to the General Committee on railway and canal bills, ib. 208 PRIVATE BILL PROCEDURE. If a divorce bill, to the Select Committee on divorce bills, 208. Interval between second reading and committee, 211. No private bill to be passed through two stages on the same day, without special leave, 223. In whose custody private bills are to be kept, 233. Filled-up bill, as proposed to be submitted to committee, to be deposited in Private Bill Office, 237. Every private bill, as amended in committee, to be printed, and copies delivered to the Vote Office three clear days before the consideration of the bill, 214. Bill printed, as amended in committee, to be examined, 241. Three clear days, in the case of private bills ordered to lie upon the table, to intervene between the report and the con- sideration of the bill, 215. Chairman of Committee of Ways and Means to acquaint the House whether bill contains the provisions required by the Standing Orders, ib. Xot.ce of consideration of bill, 239. Notice to be given of clauses, &c, on consideration of bill, or verbal amendments on third reading, 242. Amendments on consideration of bill ordered to lie upon the table, and on third reading, and also Lords' amendments, to be entered in the printed copy of the bill as amended in com- mittee, 244. Clauses and amendments offered on consideration of bills ordered to lie upon the table, and verbal amendments on third readings, to be submitted to Chairman of Ways and Means, and the Counsel to Mr. Speaker, who is to acquaint the House whether the same ought to be entertained without being referred to the Select Committee on Standing Orders, 85, 21G. When proposed on consideration of bills ordered to lie upon the table, and referred to Standing Orders Committee, the committee to report whether they should be adopted, or whether the bill should be re-committed, 97. Such clauses and amendments to be printed at the expense of the parties, 217- If referred to Standing Orders Committee, no further pro- ceeding until their report, 218. One clear day's notice to be given of third reading, 243. Proceedings when clauses and amendments are offered on third reading, 85, 210-219, 244. No amendment, except verbal, to be made on third reading, 219. INDEX TO STANDING ORDERS. 209 Bill to h n printed fair after third reading, at the expense of the parlies applying for the same, 221. Re-committed private bill ; one clear day's notice to be given of meeting of committee, 236. Copy of Lords' amendments, and of proposed amendments thereto, to be laid before the Chairman of the Committee of Ways and Means, and the Counsel to Mr. Speaker, 86. Lords' amendments, and proposed amendments thereto, to be printed at the expense of the parties, and circulated with the votes prior to consideration thereof, 220. Lords' amendments, when agreed to, to be entered in the printed copy of the bill as amended by the committee, 244. Notice of consideration of Lords' amendments, and of any amendments thereto, 246. Copy of letters patent to be annexed to any bill for restoring letters patent, 175. Bills containing provisions for inclosures, 183. See also Committees on Private Bills. Railway Bills. Custody of. Preamble of Private Bills. Presentation of Private Bills. Promoters, Declaration of. See Declaration. Proprietors. See Consents. Meetings of Proprietors. Share- holders. Provisional Orders and Certificates : Bills to confirm any provisional order or certificate, after- first reading, to be referred to Examiners of petitions, 72. Two days' notice to be given by Examiner of the day for examination of petitions in respect of bills for confirming any provisional order or certificate, 73. Regulations as to the time between first and second reading of any bill to confirm any provisional order or certificate, 204. Regulation as to the consideration of memorials complaining of non-compliance with the Standing Orders, in cases of bills for confirming any provisional order or certificate, 232. Proceedings on bills for confirming provisional orders or certificates to be conducted as in cases of private bills, and subject to same rules and orders of the House, so far as appli- cable, 151. Bills for confirming provisional orders or certificates to be set down for consideration, each day, in a separate list, in same order as private bills, &c, 225a. 210 PRIVATE BILL PROCEDURE. Duplicates of plans, &c, in cases of application for provi- sional orders or certificates, to be deposited in Private Bill Office, 39. No bill for confirming provisional order or certificate to be read first time after first day of June, WSa. See also Petitions against Provisional Order Confirmation Bills. Public Carriage Roads: Bills relative to, included in the 2nd class of private bills, 1. In the case of bills for, a section and duplicate to be depo- sited, together with plan and book of reference, with clerks of the peace, &c., 24. And in the Private Bill Office, 25. And so much thereof as relates to each area, with the clerk, Ac. 29. Printed copy of bill to be deposited at office of Local Govern- ment Board, 33. All road bills to be referred to a committee, consisting of a chairman and three other members not interested therein, 110. If any public carriage road is to be diverted, widened, or narrowed, the course of such diversion, and extent of such widening or narrowing, shall be marked on the plan, 43. Where line of railway crosses any public carriage road, &c, the height over or depth under, and the height and span of every arch by which the railway will be carried over the same, to be marked in figures, 51. And level crossings to be shown, ib. Where rate of inclination of any road crossed by a railway will be altered, such alteration to be shown by cross sections, 52. Level of roads when altered by any public work, 145. Ascent of roads, where the level is altered, limited, in the case of railways, unless a report from an officer of the Railway Department recommending the same be laid before the com- mittee, 154. The like in regard to roads crossed on a level, 155. Fence of 4 ft. high to be made on each side of every bridge erected, 154. See also Level Crossings. Public Departments. See Board of Trade. Home Office. Reports from Public Departments. INDEX TO STANDING ORDERS. 211 Public Revenue, Charges on : To be inserted in italics in the printed bill, 202. Publication of Notices. See Gazette. Notices by Advertise- ment. R Railway Act, General : Clause to be inserted in every railway bill, providing that the railway shall not be exempt from any General Act, 169. Railway Bills : 1. Generally. 2. Documents to be deposited. 3. Form in which Plans and Sections are to be pre- pared. 4. Estimate, and Deposit of Money. 5. Purchase, Sale, Lease, and Amalgamation. 1. Generally : Bills relative to railways included in the 2nd class of private bills, 1. Notice in case of application for compulsory running powers, 18. No alternative line or work to be in any case permitted, 40. Orders regulating proceedings of committees on railway bills, 153-170. Clause to be inserted in every railway bill imposing penalty unless line be opened, 158. Clause to be inserted providing that deposit be impounded as security for completing the line, ib. Clause providing for application of deposit or penalty in compensation to parties injured, ib. Time limited for completion of line, ib. 2. Documents to be deposited : A section and duplicate to be deposited, together with plan and book of reference, with clerks of the peace, &c, 24. And also a published map, showing the course of the rail- way, ib. And if part of the work be situate on tidal lands, a copy of plans and sections at the office of the Harbour Department of the Board of Trade, 20. 212 PRIVATE BILL PROCEDURE. Copy of all plans, sections, and books of reference, and pub- lished map, with the Board of Trade, 27. And in the Private Bill Office, 25. A copy of so much of the plan, section, and book of refer- ence as relates to each area to be deposited with the clerk, &c, 29. And a copy of the Gazette notice, wherever plans, sections, and books of reference are required to be deposited, 31. Printed copy of every railway bill to be deposited at the Board of Trade on or before 21st December, 33. 3. Form in which Plans and Sections are to be pre- pared : Scale for plan to be not less than 4 in. to a mile ; and in certain cases, buildings, courtyards, and gardens, to be on an enlarged scale of not less than a quarter of an inch to every 100 ft., 40. Plan to exhibit the distances in miles and furlongs from one of the termini, a memorandum of the radius of every curve not ♦•xceeding a mile, and tunnelling by a dotted line, 42. Diversion, widening or narrowing of railways to be shown, 43. The course of a junction railway to be shown on plan for a distance of 800 yards on either side of proposed junction, 44. Section to be drawn to the same horizontal scale as the plan, and to show the surface of the ground, the datum line, &c, 47. The line of railway marked thereon to correspond with the upper surface of the rails, 40. Distances to be marked on datum line, and the vertical heights and gradients to be marked, 50. Height of railway over or depth under surface of roads, &c, to be marked ; height and span of arches, and level crossings, 51. And the height and span of every arch of all bridges and viaducts by which a railway is to cross any road, &c, to be marked in figures on the section, ib. And when rates of inclination will be altered, such alterations to be explained by cross sections, 52. Embankments and cuttings, 53. Tunnelling or viaduct to be shown, 54. 4. Estimate, and Deposit of Money : An estimate of the expense of the undertaking under each bill of the second class to be made, 56. INDEX TO STANDING ORDERS. 213 Estimate to be deposited in Private Bill Office on or before 31st December, 35. Form of estimate for works proposed by any railway bill, 37. Printed copies to be deposited in Vote Office and Private Bill Office on or before 31st December, 36. A sum of not less than 5 per cent, on the amount of the estimate of expense to be deposited previously to the lot'i January, 57. Railway bills charging payments on grand jury cess or local rate to be submitted and approved by grand jury and local authorities, 67. Clause to be inserted in every railway bill, prohibiting pay- ment of deposits required by the Standing Orders out of capital raised under existing Acts, 168. Act to provide for the custody of monies paid in pursuance of the Standing Orders, App. (C). 5. Purchase, Sale, Lease, and Amalgamation : Particulars to be specified in notices by advertisement, 3. Powers not to be given until proved to the satisfaction of the Board of Trade that one-half the capital has been paid up and expended by the respective companies proposing to amalgamate, 166. The amount of capital created by amalgamation not to exceed the sum of the capitals of the companies so amalgamated, 165. No addition to be made to the capital of the purchasing company beyond the capital of the railway purchased, 166. See also Committees on Private Bills. Private Bills. Public Carriage Roads. Ways and Means, Chairman of Committee of. Railway Companies, Capital of. See Capital. Raihvay and Canal Bills Committee. See General Committee on Railway and Canal Bills. Railway Curves. See Curves. Re-committed Private Bill : One clear day's notice to be given of meeting of committee 236. Referees on Private Bills : The Chairman of Ways and Means, with not less than three other persons, to be appointed by Mr. Speaker, shall be referees of the House on private bills, 87. P 214 PRIVATE BILL PROCEDURE. Rules of practice and procedure of referees to be made by Chairman of Ways and Means, 88. Referees may admit petitioners to be heard against a bill, if they think fit, 89, 130, 133a, 1336, 134. Reference, Book of. See Book of Reference. Registers : How to be kept by the clerks in the Private Bill Office, 227. Relinquishment of Works: Notice to be served upon owners, lessees, and occupiers, 16. Reports of Committees on Private Bills. See Committees on Private Bills, II. Reports from Public Departments : The committee on any private bill to notice, in their report, the recommendation of any public department referred to them, 150. Committees on railway bills to report specially concerning reports of public departments, 157. All reports of public departments to stand referred to com- miuee, 212. Reservohs. See Canals, fyc. Revenue. See Public. Road Bills. See Public Carriage Roads. Turnpike Roads (Ireland). Running Powers : Notice in case of application for, 18. S Sale of Railways. See Railway Bills, 5. Scale for Plans, Sections, Maps, SfC See Maps. Plans. Railway Bills, 3. Sections. School Hoards : Printed copy of every private bill affecting the jurisdiction of any school board to be deposited at the Education Office, 33. Secretary of State for the Home Department, See Home Office. INDEX TO STANDING ORDERS. 215 Sections : Generally. — Section and duplicate to be deposited with plan and book of reference in the case of bills of the 2nd class, 24. To be drawn to the same horizontal scale as the plan, and to a vertical scale of not less than one inch to every 100 ft., 47. To show the surface of the ground marked on the plan, the intended level of the proposed work, the height of every em- bankment and the depth of every cutting, ib. There shall be a datum horizontal line thereon, to be the same throughout the whole length of the work, ib. Navigations. — Description of the section required in the case of bills for navigations, 48. Railways. — The line of railway marked thereon to corre- spond with the upper surface of the rails, 49. Distances on the datum line, and vertical measure at each change of gradient, to be marked, 50. Height of railway over or depth under the surface of roads, &c, to be marked, and bridges and level crossings, 51. Cross sections to be furnished where level of canals, roads or railways altered, 52. Extreme height of embankment and depth of cutting ex- ceeding 5 ft., to be marked, 53. Tunnelling to be marked, 54. The gradient of a junction railway to be shown on section for a distance of 800 yds. on either s ; de of point of junction, 55. Selection, Committee of: How constituted, 98. To nominate the members of the general committee on rail- way and canal bills 99. From time to time to discharge members on that committee and add others, 100. To appoint the chairman of such committee, ib. To appoint committees on opposed private bills (not being railway, canal or divorce bills), 117. To appoint one or more members to committees on unop- posed private bills, 137. Proceedings generally, 102-115. Printed copies of private bills (not being railway or canal bills), to be laid before the committee, 102. p 2 216 PRIVATE BILL PROCEDURE. Committee to group all private bills (not being railway or canal bills), 103. To name bill or bills to be considered on the first day, 106. How to distinguish opposed and unopposed bills, 107. How to constitute committees on opposed bills referred to them, 108. And on unopposed bills, 109. To refer all road bills to a committee consisting of a chair- man and three other members not interested therein, 110. To give notice to members of the week in which they will be required to be in attendance, 111. And to give notice of their appointment, and transmit form of declaration to be filled up, 112. If members do not return declaration, to report their names to the House, 113. To have power to discharge any member or members of a committee, and to substitute other members, 114. To have power to send for persons, papers and records, 115. In certain cases, bills to be referred back to them by the com- mittees thereon as unopposed, 130. Money bills promoted by the London County Council, to be referred, after second reading, to a select committee nominated by the Committee of Selection, 194. Every private bill (not being a railway, canal, or divorce bill), to be referred to the Committee of Selection, after second reading and commitment, 208. Everv bill for confirming provisional orders or provisional certificates to stand referred to Committee of Selection or general committee on railway and canal bills, after second reading and commitment, 208a. When an unopposed bill is to be treated as opposed, to be again referred to the Committee of Selection, 209. Notice to be given by the clerk of the Committee of Selection of the day and hour appointed for meeting of all committees re- ferred to the Committee of Selection, 236. Service of Notices : How to be made and proved, 16, 18-21. Sessional and Standing Orders : Petitions for dispensing with the sessional or Standing Orders to be referred to Standing Orders Committee, 200. INDEX TO STANDING ORDERS. 217 Committee are to report whether they ought or ought not to be dispensed with, 95. No motion to dispense with any sessional or Standing Order to be made without notice, 224. Sewage Works : Notices of bills to specify limits of, 5. Notice to be served upon owners and occupiers within 300 yds. of the limits of construction of, 15. Sewers : Bills relating to, included in the 2nd class of private bills, 1 . Shareholders : Power of individual shareholders, in certain cases, and unde certain conditions, to be heard before the committee on the bil 75, 131, 132. See also Committees on Private Bills. Consents. Meet- ings of Proprietors. Shares {Railways). Calls on. See Calls on. Sheriff Clerk {Scotland). See Principal Sheriff' Clerk. Shire Hall Court House. See County. Sittings of Committees : The Committee of Selection and general committee en railway bills to appoint first sitting of all committees on private bill referred to them respectively, 105, 126. See also Committees on Private Bills. Speaker : To appoint Examiners of Petitions for private bills, 2. The examination of such bills to commence on the 18th Jan- uary, in such order and according to such regulations as shall have been made by Mr. Speaker, 69. Plans and books of reference to be verified as Mr. Speaker shall direct, 249. Speaker's Counsel. See Counsel to Mr. Speaker. Special Circumstances. See Examiners of Petitions for Private Bills. Ways and Means, Chairman of Committee of. Special Reports. See Examiners of Petitions for Private Bills. 218 PRIVATE BILL PROCEDURE. Standing Orders : Committees on private bills not to inquire into compliance with Standing Orders directed to be proved before the Ex- aminer, unless by special order, 141. Petitions for dispensing with the Standing Orders to be re- ferred to the Standing Orders Committee, 200. When Standing Orders applicable to bill brought in on motion are not complied with, order of the day relating to the bill to be discharged, 200o. Who are to report whether they ought or ought not to be dispensed with, 92, 95. No motion for dispensing with any Standing Order to be made without notice, 224. Standing Orders, Select Committee on : How constituted, 91. Orders as to proceedings of committee, 92-97. All reports of Examiners of Petitions for private bills as to non-compliance with Standing Orders, and all special reports, to be referred to the committee, 199. Petitions for dispensing with sessional or Standing Orders, or for re-insertion of petitions on the general list, to be referre d to the committee, 200. When report of Examiner referred, and after petition for bill duly presented, committee to report whether the Standing Orders ought or ought not to be dispensed with, 92. To report on the cases referred to the committee in respect of private bills originating in the Lords, 93. Their proceedings in case of a special report from the Examiner, 94. To report whether sessional or Standing Orders ought or ought not to be dispensed with, 95. To report whether petitions struck off the list should be re- inserted, 90. To report whether clause or amendment on consideration of report ought or ought not to be adopted by the House, or whether the bill should he re-committed, 97. When clauses or amendments offered on consideration of any private hill ordered to lie upon the table, or on third reading of any private bill, are referred to the committee, no further pro- ceedings until they have reported, 218. INDEX TO STANDING ORDERS. 219 Steam Vessels: Railway companies not to acquire, unless the committee on the bill report that such restriction ought not io be enforced, 156, 162. Stipendiary Magistrates : Bills for payment of, or any public officer included in the 1st class of private bills, 1. Printed copy of bill to be deposited at Home Office, 33. Streets ; Bills relative to, included in the 2nd class of private bills, 1. Street Tramways. See Tramway s. Subscriptions ; Clause to be inserted for compelling payment of sub- scriptions, 144. Subivays : Notice in the case of subway bills to specify the gauge to be adopted and motive power to be employed, 6a. See also Railway Bills, 1. Tramways. Suing : Bills conferring powers as to, included in the 1st class of private bills, 1. Sunday : No notice to be given or application made on Sunday, 21. Except in the case of delivery of letters by post, ib. No deposit made on Sunday to be deemed valid, 23. Tidal Lands : Plans and sections to be deposited at the office of the Har- bour Department, Board of Trade, in cases where the work is situate on, 26. Titles of Bills : Notices by advertisement to be headed by a short title, descriptive of the undertaking or bill, 3. Short title of each private bill as first entered on the votes to correspond with that at the head of the advertisement, 201. Tolls and Charges : The committee to fix the maximum tolls and charges, 159. Clause in every railway bill to subject tolls, &c, to future revision by Parliament, 169. 220 PRIVATE BILL PROCEDURE. The committee to report specially to the House on railway, &c., bills seeking powers to levy tolls, &c., in excess of those aheadv authorised, 145a. This House not to insist on its privileges with regard to clauses in private bills sent down from the Lords which refer to tolls and charges for services performed, 226. Town Clerk : Plan, section, and book of reference to be deposited with, in Royal burghs in Scotland in certain cases, 29. Trade : Documents to be deposited in the Private Bill Office in regard to bills for trading companies, 35a. Trade, Board of. See Board of Trade. Tramroads : Notice in the case of tramroad bills to specify gauge to be adopted and motive power to be employed, Qb. Application of Standing Orders 145a and Nos. 158 to 168 to subways, tramroads, &c, bills, 168a. Application of Railway and Canal Traffic Act, &c, to tram- roads, 1686. Length of tramroad along street or road to be stated, 168c. Tramways .• Bills relative to, included in the 2nd class of private bills, 1. Notices and plans relative to street tramways, and particulars to be specified therein, 6, 10, 45. And applicable in the case of a tramroad, wherever carried along a street or road, 45. Notice to frontagers in case of tramway bills, 13. Notice to owners and lessees of railways, tramways, or canals crossed, &c., by proposed tramway, ib. Consents in case of tramway bills, 22. Deposit of tramway map at the office of Board of Trade, 25a. Deposit of plans, &c, at the Board of Trade, 27. Sums to be deposited, 57. Owners, lessees, or occupiers of houses, &c, affected by proposed tramways, entitled to be heard before Select Com- mittees, 135. INDEX TO STANDING ORDERS. 221 Clause providing for application of deposit or penalty in compensation to parties injured, 158. Provisions as to penalty unless line completed and opened ; time limited for completion, ib. Length of tramway to be specified in clause describing the works, 170. No powers for construction, &c, of tramways to be given to local authorities beyond limits of district, except under special local circumstances, 170«. Where a local authority are empowered to work tramways, power may be given to enter into agreements for running powers over connected tramways, 171. Treasury, The : Printed copy of every private bill to be deposited at Her Majesty's Treasury on or before 21st December, 33. Trust Property {Charitable Purposes) : Bills relating to, included in the 1st class of private bills, 1. Tunnels : Bills relating to, included in the 2nd class of private bills, 1 . Tunnelling to be marked by a dotted line on the plan of every railway, 42. Where tunnelling is intended as a substitute for open cutting, to be marked on the section, f)4. Ventilation of tunnels to be specially reported by committees on railway bills, 157. Turnpike Roads (Ireland) : What roads in Ireland to be considered turnpike roads, 145. 154. Clause to be inserted in every turnpike road (Ireland) bill, for qualification of commissioners, 187. U Union, Clerk of. See Clerk of Union. Unopposed Private Bills. See Committees on Private Bills, 2. Private Bills. Ways and Means, Chairman of Committee of. 222 PRIVATE BILL PROCEDURE. V* Viaducts ; The height and span of every arch of all bridges and via- ducts by which a railway is to cross any public road, navigable river, canal, or railway, to be marked in figures on the section, 51. Vote Office : Printed copies of estimate, declaration, &c, for the use of members, to be delivered at the Vote Office on or before the 3lst December, 35a, 36. Printed copies of bills to be delivered to the Vote Office for the use of members. 203, 214. W Watching, fyc., of Towns : Bills relating to, included in 1st class of private bills, 1. Water : In case of bill providing for compensation for water im- pounded, committee to inquire into expediency of making the How continuous, and to report accordingly, 184. Water Companies. See Gas or. Waterworks : Bills relative to, included in the 2nd class of private bills, 1. Ways and Means, Chairman of Committee of; Unopposed private bills (not being railway, canal, or divorce bills), to be referred to a committee composed of Chairman of Ways and Means and two other members, 109, 137. To be e.r officio chairman of committees on such unopposed private bills, 137. With one of the two other members to be a quorum of a com- mittee on an unopposed private bill, ib. To confer with the Chairman of Committees of the House of Lords, in order to determine in which House the respective private bills should be first considered, 79. With the assistance of the Counsel to Mr. Speaker, to exa- mine all private bills, whether opposed or unopposed, 80. Copies of such bills to be laid by the agent before the said chairman and counsel not later than the day after the Examiner shall have indorsed the petition, ib. To report on bills relating to Government contracts, 81. INDEX TO STANDING ORDERS. 223 Copies of bill as proposed to be submitted to the committee on any private bill, to be laid before the Chairman of the Com- mittee of "Ways and Means and the Counsel to Mr. Speaker two days before the meeting of the committee, 82. To report special circumstances relative to any bill, or opinion that an unopposed should be treated as an opposed bill, 83. Copy of bill as amended in committee to be laid before Chairman of Ways and Means and the Counsel to Mr. Speaker three days before consideration of any private bill ordered to lie upon the table, 84. Clauses and amendments offered on consideration of any bib ordered to lie upon the table, or on third reading of any private bill, to be submitted to the Chairman of the Committee of Ways and Means and the Counsel to Mr. Speaker, and the said Chair- man is to report whether the same should be entertained with- out being referred to Standing Orders Committee, 85, 216. Copy of amendments made in the House of Lords to a Bill, and of proposed amendments thereto, to be laid before the Chairman of the Committee of Ways and Means and Mr. Speaker on the day previous to the consideration of the same by the House, 86. On the chairman's report that any unopposed bill ought to be treated as opposed, it is to be again referred to the Committee of Selection, or general committee on railway and canal bills, who are so to treat it, 209. On consideration of report of bill, to acquaint House if the Standing Orders have been observed, 215. Widening of roads, fyc. See Diversion, Sfc, of roa ds, fyc. Withdrawal of Petitions and Memorials : Course to be pursued in cast's of opposed private bills where opponents do not appear or withdraw their opposition, 136. Any petitioner or memorialist may withdraw his petition or memorial on depositing requisition to that effect in the Private Bill Office, 206. See also Memorials. Petitions. Works. See Relinquishment of works. ( 224 ) STANDING ORDERS OF THE HOUSE OF LORDS. The Bills in the two classes arc termed Local Bills. 1 to 68 of these Orders are practically identical with S. O.'s 1 to 68 of the Commons, with the exception of — (1) A few trifling verbal differences ; (2) The substitution of the Office of the Clerk of the Par- liaments for the Private Bill Office, and Commons for Lords, and vice versa, where appropriate ; (3) Order 32 of the Lords, which is much shorter than Order 32 of the Commons, and runs thus : A printed copy of every local bill proposed to be intro- duced into either House of Parliament shall be de- posited in the Office of the Clerk of the Parliaments on or before the seventeenth day of December. The remaining Orders are set out in full where they vary from • the Commons' Orders, but where they are the same the number of the corresponding Commons' Order merely is given. Lords. 09 69(a) 69(6) 69(c) 69(d) Commons. S. O. 194 „ 194a „ 194b „ 194c „ 194e Reference of Bills, &c, to and Duties of and Practice before Examiners. When examina- 70. The examination of the local bills proposed to be intro- ls t0 duced into erther House of Parliament and duly deposited in the Office of the Clerk of the Parliaments, in pursuance of Order 32, shall commence on the eighteenth day of January. commence. STANDING ORDERS. 225 70a. Every provisional order confirmation bill and every Bills brought local bill brought from the House of Commons shall, after the fr° m the first reading, be referred to the Examiners, but in respect of such Commons. Standing Orders only as have not been previously inquired into. 71. All petitions for additional provision in local bills origi- Petitions for nating in this House shall, on the presentation thereof, be referred to addltl ? nal & ' r . provision. the Examiners, who shall examine the same and report thereon in respect of all orders which would have been applicable in the case of a bill. 72. One of the Examiners shall give at least two clear days' Notice of notice of the day on which any bill referred to them after the first examma tion. reading, or any petition for additional provision shall be examined ; but, in the case of a bill for confirming any provisional order o r certificate, he shall not give such notice until after the bill has been printed by order of this House. 73 is S. O. 74, Commons. 74 is S. O. 75. Commons. 75. Every memorial complaining of non-compliance with the Deposit of Standing Orders in respect of auy bill referred to the Examiners after first reading, or in respect of any petition for additional pro - office. vision, shall, together with two copies thereof, be deposited in the Office of the Clerk of the Parliaments before twelve o'clock on the day preceding that appointed for the examination. 76 is S. O. 71. Commons. 77 is S. O. 76. Commons. 78 is S. O. 78. Commons. 79. All certificates from the Examiners shall be laid upon When certifi- the table not later than the first sitting day after the deposit of the ^- ne f ™™ ^ certificates in the Office of the Clerk of the Parliaments. laid on Table of House. memorials in the Parliament Appointment and Duties of the Standing Orders Committee. 80. At the commencement of every session of Parliament a Appointment Standing Orders Committee shall be appointed, consisting of Q r fl*sCom- forty Lords, besides the Chairman of Committees, who * shall m ittee. be always Chairman of such Standing Orders Committee. 226 PRIVATE BILL PROCEDURE. Quorum. Notice of meeting of Standing Orders Com- mittee. To report whither Stand- ing Orders ought or ought not to be dis- pensed with. Proceedings in case of special report. Proceedings be- fore Standing Orders Com- mittee upon Examiner's certificate or special report. 81. Three of the Lords so appointed, including the chairman, shall he a quorum in all opposed cases. 82. Three clear days' notice shall be given of Ihe meeting of the Standing Orders Committee. 83. All certificates from the Examiners in respect of bills in ■which they shall certify that the Standing Orders have not been complied with shall be referred to the Standing Orders Com- mittee, and the committee shall report to the House whether the Standing Orders ought or ought not to be dispensed with, and in the former case, upon what terms and conditions, if any. 84. All special reports from the Examiners as to the construc- tion of a Standing Order shall be referred to the Standing Orders Committee, and the committee shall determine, according to their construction of the Standing Order, and on the facts stated in the report, whether the Standing Orders have or have not been complied with, and they shall report accordingly to the House, and if the committee report that a Standing Order has not been complied with, they shall also report whether such Order ought to be dispensed with, and upon what terms and con- ditions, if any. 85. When an Examiner's certificate, or special report shall be referred to the Standing Orders Committee, the committee, if they think fit, shall hear the parties affected by any Standing Order referred to in such certificate or special report, provided such parties have deposited in the Office of the Clerk of Parlia- ments, not later than three o'clock on the second day after the order for the meeting of the committee is made, a statement (to be printed in all opposed cases) of the facts to be submitted to the committee. Such statement shall be confined strictly to the points reported upon by ihe examiner, and no party on the con- sideration thereof by the committee shall be allowed to travel into any matter not referred to in his statement. First and Second Readings of Bills. Bill presented 86. No local bill for which a petition has not been presented on petition. Jn ^ House f Commons shall be brought into this House except on petition for leave to bring in such bill, and a printed copy of the proposed bill shall be annexed to such petition and shall be deemed to form part thereof. STANDING ORDERS. 227 86a. No local bill shall be read a first time until the Examiner Respecting has certified whether the Standing Orders have or have not been J". 1 ., r , eac 1Dg ° of bills. complied with, and no local bill originating in this House shall be read later than three clear days after the certificate in respect of such bill has been laid on the table. 87. No local bill brought from the House of Commons shall Respecting be read a second time until the examiner has certified whether s ^ e ?J7, ^.V" 8 of H.C. bills. any further Standing Orders are applicable, and if so, whether such Orders have or have not been complied with. 88. No provisional order confirmation bill shall be read a Respecting second time until the Examiner has certified whether the Standing: se / ond F e . adin g & oi provisional Orders have or have not been complied with. order bills. 89. Notice in writing of any bill relating to England or Report of Ireland, and containing provisions whereby any application of Attornt jy. the property of any charity not authorised by the Lands Clauses case of bill Consolidation Acts, shall be directed, or the patronage or the con- affecting any stitution of any charity, or the right of any charity to any pro- Encland^r perty, shall be affected, shall be given to the Attorney General Ireland. for England or Ireland, as the case may be, and no such bill shall be read a second time until the House has received a report from the Attorney General on such bill, and such report shall stand referred to the committee on the bill. 90. No bill by or under the powers of which the maximum Report of rates authorised for the conveyance of passengers, goods, or • ° f . de animals on any railway shall or may be increased shall be read a crease of rail- second time until a report thereon from the Board of Trade has wa ^ rates " been laid upon the table of the House. 91. No local bill originating in this House shall be read a Time for second time earlier than the fourth day or later than the seventh 8 *^?j r ^n! ng day after the first reading thereof, except bills, in the case of which the Examiner has certified that the Standing Orders have not been complied with, in which case the second reading shall not be later than the second day on which the House shall sil after the report from the Standing Orders Committee recom- mending that the bill be allowed to proceed, and except bills referred after the first reading to the Examiners under Order 62, 63, 66, or 67, which bills may be read a second time not later than the fourteenth day after the first reading thereof, and in the case of a certificate of non-compliance, the time for second reading of such last-mentioned bills shall be extended as in the former case. 228 PRIVATE BILL PROCEDURE. Time for pre- senting peti- tions praying to be heard against H.L. bills. Time for pre- senting peti- tions praying to be heard against H.C. bilk. Petition for additional provision. Petitions. 92. No petition praying to be heard upon the merits against any local bill or provisional order confirmation bill originating in this House shall be received by this House unless the same is presented by being deposited in the Private Bill Office before three o'clock in the afternoon on or before the seventh day after the day on which such bill has been read a second time. 93. No petition praying to be heard upon the merits against any local bill or any provisional order confirmation bill brought from the House of Commons shall be received by this House, unless the same be presented by being deposited in the Private Bill Office before three o'clock in the afternoon on or before the seventh day after the day on which such bill has been read a first time. 94. No petition for additional provision shall be presented to this House without the sanction of the chairman of committees, and no petition for additional provision shall be received in the case of a bill brought from the House of Commons. An unopposed bill may be treated as opposed. Committees on opposed bills. Committee of Selection. I. - in- I ex- empted from serving. The Chairman of Committees — Committees on Bills — Committee of Selection. 95. The chairman of committees may, if he think fit, report to the House his opinion that any unopposed bill on which he shall sit as chairman should be proceeded with as an opposed bill. 96. Every local bill or provisional order confirmation bill which is opposed shall be referred to a Select Committee of five. 97. The chairman of committees and four other lords to be named by the House shall be appointed a committee to select and propose to the House the names of the five lords to form a Select Committee for the consideration of each opposed local bill or provisional order confirmation bill, and shall appoint the chairman of such committee, and shall name the bill or bills which shall be taken into consideration on the first day of meeting of such committee. If a vacancy occur in any such Select Comm ittee in the interval between any two sittings of the House, the chairman of committees may appoint a lord to fill such vacancy, and in such case shall report the same to the House at the next sitting. 98. Lords shall be exempted from serving on the committee on any local bill or provisional order confirmation bill wherein STANDING ORDERS. 229 they have an interest, and lords shall be excused from serving for any special reasons to be approved of in each case by the House. 99. Every Select Committee shall meet not later than eleven Hour of meet- o'clock every morning, and shall sit till four, and shall not meet in S> & . c -' of at a later hour nor adjourn at an earlier hour without leave of opposed baiT the House or without reporting to the House the cause of such later meeting or earlier adjournment. No committee shall adjourn over any day except Saturday, Sunday, Christmas Day, and Grood Friday, without leave of the House, or without reporting to the House the cause of such adjournment, but should a com- mittee meet on a Saturday the sitting is to be in conformity with this order. 99a. Every Select Committee shall take the bill or bills first Order in which into consideration which shall have been named by the Committee bllls .^ re t0 be • of Selection, anil may from time to time appoint the day on which they will enter upon the consideration of each of the remaining bills without reporting to the House auy adjournment of the committee caused thereby. 100. Every member of a Select Committee shall attend the AH the mem- proceedings of the committee during the whole continuance bers t0 attend - thereof, and no lord who is not a member of the committee shall take any part in the proceedings thereof. 101. If any member of a Select Committee is prevented from Absence of continuing his attendance, the committee shall adjourn, and shall any member - not resume its sittings, in the absence of such member, without leave of the House; but if the House is not then sitting, the committee may, with the consent of all parties, continue its sittings in the absence of any member, provided that the number of the committee be not less than four, and that the committee report accordingly to the House at its next meeting. 102. In all cases of opposed local bills, in which no parties Withdrawal of have appeared on the petitions against such bills, or having opposition. appeared have withdrawn their opposition before their case has been fully opened or whose locus standi has been disallowed, the committees on such bills shall report accordingly to the House, and such bills shall thereupon be referred to the chairman of committees, to be dealt with by him as if originally unopposed. Provided that nothing in this order contained shall prevent a Costs committee from requiring the preamble of a bill to be proved in any case in which an application for costs has been made. 230 PRIVATE BILL PROCEDURE. Discussion of clauses in H.C. not to preclude opposition to preamble in HJL. Provisional order con- firmation bills may be re- ferred to the chairman of committees. 102a. A petitioner against a bill originating in the House of Commons, who has discussed clauses in that House, shall not on that account be precluded from opposing the preamble of the bill in this House. 1026. Any provisional order confirmation bill may, before beinw committed to a committee of the Avhole House, be referred to the chairman of committees, with respect to all or any of the Orders scheduled thereto, to be dealt with in the same manner as an ttnopposed local bill. \ i committee ? 168a 133c „ - . » 1686 133d „ - . 55 168c 134 „ - . 55 172 135 „ - . 55 173 136 „ - . 55 175 In any case in which a bill to i estore a patent is enter Clauses for 137. protection of tained, the following; clauses shall be inserted for the protection of persons wb" ' ° . „ mav have persons who may have availed themselves of the subject-matter ot availed them- tue patent after it has been announced as void in the official journal lubiect-matter °f tne Patent Office, with such alterations as the circumstances of of patent after each case may require : it has been « -j^ aet } on or ther proceeding shall be commenced or prose- declared void. , cuted, nor any damage recovered : — " (1.) In respect of any infringement of the said patent which shall have taken place after the day of (the day on which the patent was an- nounced to be void in the official journal), and before the passing of this Act. " (2.) In respect of the use or employment at any time hereafter of any machine, machinery, process, or operation actually made or carried on within the British Islands, or of the use or sale of any article manufactured or made in infringement of the said patent, after the said day of and before the passing of this Act. Provided that such use, sale, or employment is by the person or corporation by or for whom such machine or ma- chinery or article was bond fide manufactured or made, or such process or operation was bona fide carried on, his or their executors, administrators, successors, or vendees, or his or their assigns. " (3.) In respect of the use, employment, or sale at any time hereafter by any person or corporation entitled for the lime being under the preceding sub-section to use or employ any machine, machinery, process, or operation, or any improved or additional ma- chine or machinery, or any improved, extended, or developed process or operation, or of any article manufactured or made by any of the means afore- STANDING ORDERS. 235 said, in infringement of the said patent. Provided that the use or employment of any such improved or additional machine or machinery, or of any such improved, extended, or developed process or opera- tion, shall be limited to the buildings, works, or premises of the person or corporation by or for whom such machine or machinery was manufactured, or such process or operation was carried on within the meaning of the preceding sub-section, his or their executors, administrators, successors, or assigns. " If any person shall, within one year after the passing of this Act, make an application to the Board of Trade for compensation in respect of money, time, or labour ex- pended by the applicant upon the subject-matter of the said patent, in the bond fide belief that such patent had become and continued to be void, it shall be lawful for the said Board, after hearing the parties concerned, or their agents, to assess the amount of such compensation, if in their opinion the application ought to be granted, and to specify the party by whom and the day on which such compensation shall be paid, and if default shall be made in payment of the sum awarded, then the said patent shall, by virtue of this Act, become void, but the sum awarded shall not in that case be recoverable as a debt or damages." 138 is S.O. 17^. Commons. 139 is S.O. 188. Commons. Cemeteries — Gasworks, S?c. 140. In every bill for making, altering, or enlarging any ceme- Cemeteries tery or burial ground a clause shall be inserted prohibiting the j^^" 3,1 making, altering, or enlarging of such cemetery or burial ground, within 300 yards of any house of the annual value of 50/., or of any garden or pleasure ground occupied therewith, except with the consent of the owner, lessee, and occupier thereof in writing. 140a is S.O. 188a. Commons. Re-commitment and Miscellaneous Matters. 141. No local bill which has been reported from a Select Com- Recommit- mittee shall be recommitted to the same or another Select Com- men ■ mittee before the third day on which the House shall sit after the day on which notice has been given of the motion to recommit the bill. 236 PRIVATE BILL PROCEDURE. Bills in some cases may be committed to committee of the whole House. Copy of rail- way, &&, bill as amended in committee to be deposited at Board of Trade. Copy of local bill,as amended in committer to be deposited at Treasury and General Post Office. Amendments on report and on third reading. Amended bills to be reprinted. Clerks of peace to write a memorial on plans, &C Printing of petitions. 1-12. The chairman of committees may, if he think fit, propose to the House that any local bill shall, after it has been reported, be committed to a committee of the whole House. But no local bill committed to a committee of the whole House under this Order shall by reason of such commitment be allowed to proceed as a public bill. 143. A copy of every railway bill, tramroad bill, tramway bill, and subway bill, if amended in committee, shall, as so amended, be deposited at the office of the Board of Trade three days before the bill is read a third time, and proof of compliance with this order shall be given by depositing a certificate from that board in the office of the Clerk of the Parliaments. 143a. A copy of every local bill, if amended in committee, shall, as so amended, be deposited at the office of Her Majesty's Treasury and at the General Post Office three Jays before the bill is read a third time. 144. Xo amendment shall be moved to any local bill on report or third reading, unless the same has been submitted to the chair- man of committees, and copies of such amendment (to be printed unless the chairman of committees shall consider printing to be unnecessary) deposited in the office of the Clerk of the Parliaments one clear day at least prior to the report or third reading of the bill. 145. All local bills in which any amendments have been made in committee shall be reprinted, as amended, previously to the third reading, unless the chairman of committees shall consider the reprinting to be unnecessary. 147. Clerks of the peace, sheriff clerks, and their respective deputies, shall make a memorial in writing upon the plans, sec- tions, and books of reference deposited with them under these Orders, denoting the time at which the same were lodged in their respective offices, and shall at all reasonable hours of the day per- mit any person to view and examine one of the same, and to make copies or extracts therefrom ; and one of the two plans and sections so deposited shall be sealed up and retained in the possession of the clerk of the peace or sheriff clerk until called for by order of one of the two Houses of Parliament. (See Act, 1 Vict. c. 83) 147a. Petitions for additional provision, and petitions praying to be heard upon the merits, against any local or personal bill or provisional order confirmation bill, and petitions praying to be heard against alterations, shall be printed by the agent concerned for the same as soon as he may consider it necessary that copies STANDING ORDERS. 237 should be made and printed copies shall be supplied on payment to all parties interested. Application of Estate Bill Orders. 148. The Orders, 162 to 174 inclusive, relating to estate bills, Certain Orders shall apply to any part of any local bill which may be of the nature r ^P ec ™ng of an estate bill. . to apply to Proceedings in relation to Personal Bills. certain local bills. 149. All estate, divorce, naturalization, and name bills, and all Personal bills other private bills not specified in Order 1 as local bills, are in c e nec ' these Orders termed personal bills. 150. No personal bill shall be brought into this House except Personal bills on petition for leave to brin^ in such bill, and a printed copy of the f° ' e br °ug r & . ui on petition. proposed bill shall be annexed to such petition, and shall be deemed to form part thereof. 151. One or more of the parties principally concerned in the Petitions for consequences of any personal bill shall sign the petition that E^Ke siened w desires leave to bring such bill into this House. parties con- 152. A copy of every personal bill introduced into this House cerned. shall be delivered to every person concerned in the bill before the Personal bills to Of (lt j liv6r6o!. second reading; and in case of infancy, such copy shall be de- to all persons livered to the guardian, or next relation of full age, not concerned concerned. in the consequences of the bill. Estate Bills. 153. Every petition for an estate bill not approved by the Petitions for High Court of Justice concerning estates in land in England t " be re f erre d shall, on presentation to this House, be referred to two of the to two of the judges of the said Court, who shall report to the House under their J ud g. es for their •■jo r opinion. (Eng- hands, whether, presuming the allegations contained in the pre- nsu bills.) amble to be proved to the satisfaction of the lords spiritual and temporal in Parliament assembled, it is reasonable that the bill do pass into law, and whether the provisions thereof are proper for carrying its purposes into effect, and what amendments, if any, are required therein : And in the event of their approving the bill, they are to sign a copy of the same containing the required amend- ments (if any). 154. Every petition for an estate bill concerning estates in (Scotch hills.) land or heritable subjects in Scotland shall, on presentation to this House, be referred to two of the judges of the Court of Session in Scotland, who shall forthwith summon all parties before them who 23S PRIVATE BILL PROCEDURE. ilrish bills.) may be concerned in the consequences of the bill, and after hear- ing all the parties, and perusing the bill, and taking such proof of the allegations therein contained, and such consents of the parties interested, and such acceptances of trusts as may be tendered to them, shall report to the House the state of the case, and their opinion thereon, under their hands, and what amendments (if any) are required in the bill, and in the event of their approving the bill, they are to sign a copy of the same containing the required amendments (if any). 155. When a petition for an estate bill concerning estates in land in Ireland is offered to this House, it shall be referred, if the petitioners for the bill desire it, and the chairman of committees so determine, to two judges of the High Court of Justice, who shall forthwith summon all parties before them who may be concerned in the consequences of the bill, and after hearing all the parties, and perusing the bill, and taking such proof of the allegations therein contained and such consents of the parties interested, and such acceptances of trusts as may be tendered to them, shall report to the House the state of the case, and their opinion thereon, under their hands, and what amendments (if any) are required in the bill, and in the event of their approving the bill they are to sign a copy of the same containing the required amendments (if any). 156. No estate bill shall be read a first time until a copy of the petition, and of the report of the judges thereon, has been delivered by the party or parties concerned to the chairman of committees. 1.57. Notice of an estate bill shall be given to every mortgagee upon the estate affected by the bill before the second reading. 158. No committee shall sit upon an estate bill until ten days after the second reading. 159. Petitions against estate bills shall be presented at such times and such proceedings shall be had thereon as the chairman of committees shall in each case, having regard to all the circumstances thereof, direct. Proceedings by and in relation to Committees on Estate Bills. 160. When any of the parties interested in any estate bill have power by such bill to name trustees in the room of trustees a^batiofof dying, resigning, or refusing to exercise the trust, provision shall be the Bigh Court Illil( ie by the committee on the bill that the approbation of the High Court shall be required to every such appointment of new trustees. Bill- for ex- 161. There shall be annexed to every estate bill for exchanging an changing or estate in settlement, and substituting another estate in lieu thereof, a selling settled Copy of peti- tion and judge: report to be delivered to chairman of committees Notice to be given to mort- gagees. Committee on estate bills. Petitions ;i«.';iinst estate Mils. Appointment of new trustees STANDING ORDERS. 239 schedule or schedules of the respective estates, showing the annual estates to have rent and the annual value thereof, and also the value of the timber ^ estates and growing thereupon ; and to all bills for selling a settled estate, and their values, purchasing another estate, to be settled to the same uses, there shall ^^ anBexe,1< be annexed a schedule or schedules of such estates, specifying the annual rent thereof ; and every such schedule shall be signed and proved upon oath by a surveyor or other competent person, before the committee on the bill. Consents and Acceptance of Trusts. 162. Where the petitioners for and consenting parties to an Respecting eon- estate bill relating to an entailed estate are together competent to w here petitioner bar the entail, the consent of any persons entitled in remainder and consenting after the estates of the petitioners and consenting parties shall not V aTt \ es can bar be required. 163. Except as aforesaid, all parties concerned in the conse- In other cases quences of an estate bill shall consent thereto before the committee, * ^t^ * 8 m " unless the committee shall, on account of remoteness of interest, or consent. for any other reason, dispense with such consent. 163a. In any case in which an infant is or may be interested in Appointment the consequences of an estate bill, the chairman of committees pro t e ctor ^of aii may, if he think fit, require that such infant shall be represented infant in- before the committee on the bill by a person to be appointed as or Crested in an in the nature of a guardian or protector of such infant by the Lord Chancellor, or the Lord Keeper of the Great Seal by writing under his hand. 164. Where a tenant in tail, under age, is a promoter of an Consent on estate bill, or a consenting party thereto by his guardian, and any t e n a nt ? f ^ person entitled in remainder after such estate tail, whose consent is under age when required, withholds his consent to such bill, the consent of a person the consent of , . , „ ,. p . a remainder- appointed as or m the nature of a guardian or protector ot such man j s w jth- minor, and of the settlement or will under which he claims, by the held. Lord Chancellor or the Lord Keeper of the Great Seal, by writing under his hand, for the special purpose of assenting to or dissenting from such bill shall be sufficient, without the consent of such remainderman as aforesaid. 165. The consent of all trustees shall be required in person Trustees to before the committee, where any money is to pass through their conseDt in hands, 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 necessarv. 240 PRIVATE BILL PROCEDURE. Consents to bills to be personal, or disability to attend proved. How const nt of trustees for charitable pur- poses to be signified. Trustees to ap- pear personally, and accept the trust. Consent to bills relative to estates in Ireland. Such consent to be personal, or disability to attend proved. ( !on» nts of ].. rsons con- cerned in the consequences of bills relative to entailed estates in land or heritable Bub- - in Scot- land. 166. No notice shall be taken by the committee of the consent of any person, except trustees for a charity, to any estate bill, unless such person appear before the committee, or proof be given to the committee, by two credible witnesses, that such person is not able to attend, and has in their presence signed a printed copy of the bill in testimony of consent thereto. 167. In the case of a trustee for a charity proof may be given by one credible witness that such trustee has in his presence signed a printed copy of the bill in testimony of consent thereto. 168. Any person appointed trustee by any estate bill shall appear personally before the committee and accept the trusts pro- posed to be vested in him by the bill, except in cases otherwise provided for by these orders. 16D. When a petition for an estate bill concerning estates in land situate in Ireland has been referred, under Order 155, to two judges in Ireland, any person resident in Ireland concerned in the consequences of the hill may give his consent thereto before the two judges to whom the bill is referred ; and such judges shall certify that such person appeared personally before them, and, being aware of his interest in the bill, gave his consent for himself and for those for whom he might be entitled to consent, and if any trustee is appointed by the bill, that such trustee appeared personally before them, and accepted the trust proposed to be vested in him by the bill, and that the person so consenting or accepting the trust in their presence signed a printed copy of the bill, and such bill, together with the certificate, shall be produced to the committee. 170. It shall be a general instruction to the judges who shall meet to take the consent of any person concerned iu the conse- quences of an estate bill relating to estates in Ireland, that they take eo notice of the consent of any person to such bill unless such person appear before them, or proof be given to them by two credible witnesses that such person is not able to attend, and has iu the presence of the witnesses signed a printed copy of the bill in testimony of consent thereto. 171. It shall be sufficient to have the consent of the following persons only concerned in the consequence of estate bills regard- ing entailed estates in land or heritable subjects in Scotland ; that is to say, 1. Where the deed of entail is dated on or after the first day of August 1848, and the heir of entail in possession of the entailed estate is of lawful age, and born before the date of STANDING ORDEES. 241 such deed of entail, the consent of such heir, and of the heir next in succession, being heir apparent under the entail of the heir in possession, and of the age of twenty-five years complete, and not subject to any legal incapacity, and born after the date of such deed of entail. 2. Where the deed of entail is dated prior to the first day of August 1848, and the heir of entail in possession of the entailed estate is of full age, and born before the said first day of August, the consent of such heir, and of the heir next in succession, being heir apparent under the entail of the heir in possession, and born on or after the said first day of August, and of the age of twenty-five years complete, and not subject to any legal incapacity. 3. Where the deed of entail is dated prior to the first day of August 1848, and the heir of entail in possession of the entailed estate is of full age, the consent of such heir alone, if he shall be the only heir of entail in existence for the time, and unmarried : Or otherwise, the consent of such heir, and of all the heirs of entail, if there are less than three in being at the date of such consents : Or otherwise, the consent of such heir, and of the three next heirs who at the date of such consent are for the time entitled to succeed to such estate in their order successively, immediately after such heir in possession : Or otherwise, the consent of such heir, and of the heir apparent under the entail, and of the heir or heirs in number not less than two, including such heir apparent, who in their order successively would be heir apparent. 4. In any case not provided for by the aforesaid Orders, whatever be the date of the deed of entail, the consent of the heir in possession, and of all the heirs entitled to succeed to the entailed estate, if less than three, or if not less than three, then of the three heirs next entitled to succeed to the entailed estate. Provided, that if, in any of the cases aforesaid, the heir next entitled to succeed to the entailed estate after the heir in possession shall be under the age of twenty-five years, or if any of the heirs of entail descended of the heirs of entail in possession whose consents are required in the several cases aforesaid shall be under the age of twenty-one years, then the consents also of so many heirs next entitled to 242 PRIVATE BILL PROCEDURE. Consent to bills relative to estates in Scotland. Such consent to be personal or disability to attend proved. Committees on estate bills may admit affidavits as evidence. succeed to such estate, not being descendants of the heir in possession, as are equal to the number of the said heirs of entail respectively under the ages before mentioned, with- out prejudice nevertheless as heretofore for any person concerned to petition against the bill, and to be heard for his interest therein. 1 7-. AVhen a petition for an estate bill concerning estates in land or heritable subjects in Scotland has been referred under Order 154 to two judges in Scotland, any person resident in Scotland concerned in the consequences of the bill may give his consent thereto before the two judges to whom the bill is referred ; and such judges shall certify that such person appeared personally before them, and, being aware of his interest in the bill, gave his consent for himself, and for those for whom he might be entitled to consent, and if any trustee is appointed by the bill, that such trustee appeared personally before them, and accepted the trust proposed to be vested in him by the bill, and that the person so consenting or accepting the trust in their presence signed a printed copy of the bill, and such bill, together with the certificate, shall be produced to the committee. 173. It shall be a general instruction to the judges who shall meet to take the consent of heirs of entail or other persons concerned in the consequences of any estate bill relating to estates in laud or heritable subjects in Scotland, that they take no notice of the consent of any person to such bill unless such person appear before them, or proof be given to them by two credible witnesses thai such person is not able t>> attend, and lias in the presence of the witnesses signed a printed copy of the bill in testimony of consent thereto. Evidence. 174. The committee on any estate bill may admit affidavits in proof of the allegations made in the preamble of the bill in all cases not otherwise provided for by these Orders or may require further evidence. Sucli affidavits shall be intitled " In the matter " of a bill now pending in the House of Lords of which the short " title is [insert the short title]," and shall be sworn, if in England, before a justice of the peace or a commissioner to administer oaths in the Supreme Court of Judicature ; if in Scotland, before any sheriff depute or his substitute, or a justice of the peace ; and if in Ireland, before any judge or assistant barrister of that part of the United Kingdom, or before a justice of the peace. Such affidavits shall be filed in t lie office of the Clerk of the Parliaments. STANDING ORDERS. 243 Divorce Bills. 175. No petition for any bill of divorce shall be presented No petition for to this House unless an official copy of the proceedings taken or t0 lie , iresen ted had in the court having jurisdiction over matrimonial causes at the -without a copy place of his domicile or residence, or in some other court having ° previous . . . . . ' a proceedings. jurisdiction in that behalf, at the suit of the party desirous to present such petition, be delivered upon oath at the bar of this House at the same time. 176. No bill grounded on a petition to this House to dissolve No divorce a marriage for the cause of adultery, and to enable the petitioner : *° M : * e " ° . . * ' r ceived without to marry again, shall be received by this House unless a provision a clause pro- be inserted in such bill that it shall not be lawful for the person hibiting the. whose marriage with the petitioner shall be dissolved to inter- parties^rom marry with any offending party on account of whose adultery with marrying. such person it shall be therein enacted that such marriage shall be so dissolved; provided that if at the time of exhibiting the said bill such offending party or parties be dead, such provision as aforesaid shall not be inserted in the bill. 177. When any petition for any Bill of Divorce has been In case °f presented to this House in any case in which any trial at nisi report f prius has been had, or any writ of inquiry executed within the previous pro- United Kingdom, wherein the petitioner has been party, the judge ^ e ^ Hlg ? t0 be or under sheriff before whom such trial has been had, or such writ the House. of inquiry executed, shall transmit to the Clerk of the Par- liaments, to be laid upon the table of this House, a report of the proceedings upon such trial or writ of inquiry ; and no such bill of divorce shall be read a second time until such report has been so laid upon the table of this House. 17S. Upon the second reading of any bill of divorce, the Petitioner to petitioner praying for the same shall attend this House, in &ttem \ on *he i i • i • • t , • n i -tt , . , second reading order to his being examined at the bar, it the House think fit, f the bill. whether there has or has not been any collusion, 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 any court for matrimonial causes 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. 244 PRIVATE BILL PROCEDURE. No naturaliza- tion bill to be read a second time without a certificate being produced touch- ing the peti- tioner's conduct. Consent of the crown. Certain Orders respecting local bills to apply to personal bills. Private bill provisional orders, &c. 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, and under the pro- tection and authority of him as her husband. Naturalization Bills. 1 70. No bill for naturalizing any person shall be read a second tunc until the petitioner shall produce a certificate from one of Her Majesty's Principal Secretaries of State respecting his conduct, and shall take the oath of allegiance at the bar of the House. 180. No Naturalization bill shall be read a second time unless the consent of the Crown has been previously signified. Application of Local Bill Orders. 181. The Orders 95 to 102 inclusive, 141, 142, 144, and 145, with reference to local bills, shall, so far as applicable, be observed in reference to personal bills also. TAXATION OF COSTS. Costs Taxable by the Taxing Officer of the House of Lords, and Mode of Proceeding. The costs taxable by the Taxing Officer of the House of Lords are — All costs, charges, and expenses, including the expenses of wit- nesses, of and incidental to the preparation, bringing in, and carrying through Parliament any railway or other local and per- sonal bill, and any estate or other private bill, or any provisional order or provisional certificate, and the costs, charges, and expenses incurred in opposing any such bill, provisional order, or provisional certificate. Such costs are taxed either under the provisions of the 12 & 13 Vict. c. 78, and the 28 and 29 Vict. c. 27, or upon a requisition of one cf Her Majesty's Principal Secretaries of State, or of a Government department, or of any court in England, Ireland, or Scotland, or in the discretion of the Taxing Officer at the request of the parties interested in the same. The Mode of Proceeding. Winn the costs are to be taxed under the provisions of 12 & 13 Vict. c. 78, a copy of such costs, with an indorsement thereon statins thai a copy of such costs has been duly served upon A. and B., who are the parties liable to pay the same, and requesting an appointmenl to tax, must be deposited in the Taxing Office of the STANDING ORDERS. 245 House of Lords. Due notice of ;m appointment to tax will be sent from the Taxing Office to each party. When costs are to be taxed under the provisions of 28 & 29 Vict. c. 27, a copy of such costs (with an endorsement thereon stating that the provisions of Section 3 of the above Act, so far as the same relate to the delivery of the Bill of Costs to the party chargeable with the same, have been complied with, and requesting an appointment to examine and tax the same), must be deposited in the Taxing Office ; and such application must be made to the Taxing Officer within the time limited by the said Section of the said Act. The bills of costs which are referred by either of the courts are usually exhibits in the court by which they are referred, in which case there is endorsed on the back of the original bill a requisition in the following words : — The Master of the Rolls, Chief Clerk, Taxing Master of the Chancery Division of the High Court of Justice (or as the case may be) requests the Taxing Officer of the House of Lords to tax the within lull of costs, and to report to him the amount at which he has allowed the same. (Signed) A.B. Notice. Any Parliamentary agent, attorney, solicitor, or other person applying for the taxation of any bill of costs, charges, and expenses incurred by him in promoting or opposing any private bill, pro- visional order, or provisional certificate, in Parliament, is desired to deposit in the office of the Taxing Officer, at the time of making such application, a copy of such bill of costs, charges, and expenses with the several items added up and the amount ascertained and set out, together with a declaration signed by him stating that such bill of costs, charges, and expenses has been duly delivered to the parties charged therewith (naming the parties), in conformity with the Taxation of Costs Acts, 1847 and 1849, or the Act for Award- ing Costs, 18b'5, as the case may be. Taxing Office, House of Lords, R. W. MONRO, 2nd August 1897. Taxing Officer. Note. — The Taxing Office is open throughout the Session, and from the second Monday in the month of November in each year. Printed lists of charges for Parliamentary agents, attornies, solicitors, and others, prepared by the Clerk of the Parliaments, may be obtained at the Office for the Sale of Printed Papers, House of Lords. R 246 PRIVATE BILL PROCEDURE. FORM OF PETITION FOR LEAVE TO BRING IN A BILL. [See S. 0. 32, 193, ante, pp. 98, 153; and see ante, pp. 8-10.] In Parliament. Session 18 . [A & B Railway, or as the short title may be.] [Here insert the abstract of the bill as given in the advertisement, e.g., Incorporation of Company ; Railway- between A & B, and works ancillary thereto ; Running Powers over portions of Great Western Railway Company's Railway ; Working Agreements with Great Western Rail- way Company and with South Eastern Railway Company; Payment of Interest out of Capital ; Compulsory Purchase of Lands and Houses ; Power to levy Tolls.] Petition for Leave to Bring in Bill. To the Honourable the Commons of the United King- dom of Great Britain and Ireland in Parliament assembled. The humble Petition of [state names of 'petitioners who sign, or, in the case of a body corporate petitioning under its seal, the style or title thereof] "hcturHj as follows: — [Here insert the particular circumstances, as for instance — 1. That it is for the public and local advantage of the towns of A and B, in the counties of and respectively, and of the districts between those towns, and of the country surrounding those towns that a railway should be made from A to B, and the necessary works ancillary thereto constructed. FORM OF PETITION FOR LEAVE TO BRING IN BILL. 247 2. That your petitioners are ready and willing to make a railway between those towns, and to construct the necessary works ancillary thereto ; and that for that purpose it is expedient that your petitioners should be incorporated and become a body corporate, and should be empowered to enter into working agreements with the Great Western Railway Company and with the South Eastern Railway Company, and entitled to have running powers over portions of the Great Western Railway Company's railway, and to levy rates and tolls. 3. That for the purpose aforesaid it is also expedient that your petitioners should be enabled to purchase com- pulsorily land and houses required for the purposes of their undertaking, and be empowered during the construc- tion of the railway and the said works ancillary thereto to pay interest out of the capital monies to be raised for the purposes of the undertaking. 4. That notices by advertisement as required by the Standing Orders of your Honourable House have been published, and plans, sections, books of reference made out and deposited as by the said Standing Orders required, and all matters and things required by the said Orders pre- liminary to this petition have been duly done and performed. 5. That the purposes aforesaid cannot be effected without the aid and authority of Parliament. Your Petitioners therefore humbly pray your Honourable House that leave may be given to bring in a Bill (a printed copy of which is hereunto annexed) for effecting the purposes aforesaid in such manner and under such rules, regulations, and restric- tions as to your Honourable House may seem meet. R f> 248 PRIVATE BILL PROCEDURE. Indorsement of Petition. The indorsement may be as follows: — In Parliament. Session 18 . [A & B Railway, or as the short title may be.~\ Petition for leave to bring in Bill. [Name of Agents, e.c/., X & Y.] FORM OF DECLARATION OF AGENT. I, A. B., of No. , Street, Westminster, Agent for the bill which is annexed to the petition deposited herewith, do hereby declare that in my judgment such bill belongs to [the second] of the two classes into which bills to which the Standing Orders of your Honourable House apply are, for the purposes of those Standing Orders, divided, and I do hereby further declare that of the objects enumerated in the Standing Order of your Honourable House numbered 32, the proposed bill gives power to effect the following, namely :— It gives, Power to take lands and houses conipulsorily (Clauses, state ivhich ). Power to levy tolls, rates, or duties (Clauses, state which). Power to make a railway (Clauses, state ivhich). It does not give power to effect any other of the objects in the said Standing Order numbered 32 enumerated. It does not give any powers other than those included in the notices for the bill. A. B., A wnt for the Bill. FORM OF MEMORIAL.'' 249 FORM OF MEMORIAL TO EXAMINERS OF STANDING ORDERS. [See S. O. 74, 230-232, ante, pp. 120, 162 ; S. O., 73-75, H. L. : and see ante, pp. 11-14]. In Parliament. Session 18 [A and B Railways and Harbours, or as the short title may be.] A Memorial complaining of non-com- pliance with the Standing Orders. To the Examiners of Standing Orders for Private Bills in the House of Lords, and to the Examiners of Petitions for Private Bills in the House of Commons. The Memorial of the C and D Rail- way Company, under their Common Seal. A Petition has been deposited in the Private Bill Office of the House of Commons, praying for leave to bring in a bill under the above short title, intituled [" A bill to extend the time for completion of works authorized by the X and Y Railway and Pier Act, 1895, and to authorize the construction of new railways from A to B, and for other purposes, or as the case may be], a copy of which bill is annexed to the said petition, and a copy of which bill has also been deposited in the office of the Clerk of the Parlia- ments. [The said bill is a bill of the second class of bills referred to in the Standing Orders, being a bill authorizing the construction of railways. It is promoted by the A B Railways and Harbours Company, or as the case may be.] In this Memorial the following expressions have respectively the several meanings hereby attached to them, unless otherwise stated, or unless there be anything 250 PRIVATE BILL PROCEDURE. repugnant in the subject or context to such meanings re- spectively (that is to say): The expression "the Standing Orders," means the Orders of both Houses of Parliament ; the expression " the bill," means the bill deposited as before mentioned : the expression " the notices," or " the notice," means the notices of the intended application to Parliament for the bill published [in the London Gazette, and in the local newspapers in the month of November last] ; the expression ''the promoters," or " the company," means the [A B Railways and Harbours Company, or as the casemay be] ; the expression " the plans," " the sections," " the books," or " the books of reference," means, as the case may be, the plans, sections, and books of reference, as deposited by the promoters in relation to the bill in the office of the Clerk of the Parliaments, and in the Private Bill Office of the House of Commons, and with the clerk of the pence for the counties of [state which], in November last ; the expression " the limits of deviation," means the limits of lateral deviation defined upon the plans; the expression " the Memorialists," means the [C and D Rail- way Company, or ex the case may be]. All lands, buildings, and properties, in respect of which any breach of the Standing Orders is in this Memorial alleged, are situate wholly or partially within the limits of deviation, and may be taken compulsorily under the powers of the Bill. The Memorialists respectfully represent that the Standing Orders have not been complied with in respect of the bill in the following particulars, that is to say : — [Here give the particulars of the non-compliance relied on, e.g., as follovjs] : — Notices. I. Tie notices are misleading and defective, and are not copies of one another as required by the Standing- Orders ; the following are the instances relied on : — (a) Discrepancies occur between the notices pub- FORM OF MEMORIAL. 251 lished in the London Gazette and those published in the local newspaper, the Advertiser. The following table shows these discrepancies : — [Set out Table of Discrepancies.] (b) The notices make no mention of the branch railway from the pier at Y to Z, which it is proposed under the bill to make. (c) The notices do not contain a correct description of the termini of Railway No. 2 proposed to be autho- rized by the bill. It is described as commencing in the township of L ; there is no such township. (d) The bill authorizes the taking of common land, but the notices contain no estimate of the quantity proposed to be taken. 2. The short title descriptive of the undertaking at the head of the notice is misleading and defective ; it does not give a fair or correct statement or summary of the objects proposed in the body of the notice, inasmuch as it does not specify the powers to acquire further land by agreement, or to raise additional capital, in regard to all which matters very extensive powers are contained in the bill. 3. Power is given by the bill to acquire compulsorily lands situate in the following extra-parochial places for the purposes of the undertaking authorized by the bill, viz., [the bed of the tidal river S, the W Harbour, or as the case may be], but the notices do not state the place of deposit of the plans and sections, or books of reference, or of the notices in respect of these extra-parochial lands. Deposit of Documents. 4. Power is given by the bill to take compulsorily a part of the churchyard or burial ground attached to St. M's Church at , in the county of , for the purpose of Railway No. 3 in the bill, but no copy of so much of the plans, sections, and books of reference as relates to such churchyard or burial ground was on or 2-V2 PRIVATE BILL PROCEDURE. 1 let'. ne the 30th of November last deposited at the office of the Secretary of State for the Home Department, nor was any copy of the notice published in the Gazette there deposited therewith. No such copy or notice was there deposited on or before the 30th of November last. Statement Relating to Labouring Class Houses. 5. Power is given by the Bill to acquire compulsorily [or by agreement] [ten or more] houses, occupied either wholly or partially by persons belonging to the labouring class, as defined by Standing Order 183a, as tenants or lodgers, but the promoters have failed to comply with the Standing Orders requiring them to deposit in the Private Bill Office, and at the office of the central authority, as defined in Standing Order 183a, on or before the 31st of December last, a statement of the number, description, and situation of such houses, the number (so Jar as can be ascertained) of persons residing therein, and a copy of so much of the plan (if any) as relates thereto. They have failed in the following instances [State same, as for instance — In the Urban District of , in the county of , the bill authorizes the taking of one side of street, from a point on the plan marked A to a point thereon marked B, thus permitting the taking of 50 houses occupied wholly or partially by persons belonging to the labouring class, the state- ment only makes mention of 42 such houses, and instead of giving the true number, which is about 1,100, of persons who may be there dispossessed by the bill, the number is estimated or guessed at 250, not " ascertained " so far as could be. A part of the plan related to the said houses, but no copy thereof, or of the plan, was on or before 31st Decemberdast deposited either in the Private Bill Office or at the office of the central authority.] form of memorial. 258 Plans. 6. The plans are faulty and erroneous, and fail to comply with Standing Orders in the following particulars \_State same, as for instance — (a) Power is given by the bill to carry the rail- way No. 2 across the public carriage road No. 12 in the parish of K on the level, and to divert the said road so as to make the crossing square, but the course of such diversion is not marked upon the plans. (b) Power is given by the bill to divert the public carriage road No. 5 in the parish of S (railway No. 3), but the course of such diversion is not marked upon the plans. (c) All tidal waters have not been coloured blue on the plans.] • Books of Reference. 7. The books of reference are faulty and erroneous ; the instances relied on appear by the following table [or, are as follows] : — [State same in tabular form, or in detail.] Applications to Owners, or Reputed Owners, and Lessees, or Reputed Lessees, and Occupiers. 8. The applications made in writing to owners, or reputed owners, lessees, or reputed lessees, and occupiers, on or before the 15th December last, of lands or houses to be taken compulsorily by the promoters for the purposes of the railways authorized by the bill were not accompanied, as required by the Standing Orders of the House of Commons, by a copy of the Standing Orders of that House, whiuh regulate the time and mode of presenting petitions in opposition to bills in that House, inasmuch as a copy of Standing Order 129 did not accompany such applications. 9. The applications in the previous paragraph did not [State tvhat is complained, of]. 254 private bill procedure. Deposit of Money. 10. The promoters are a company incorporated by Act of Parliament, and possessed of a railway opened for public traffic, but which has not during the year last past paid a dividend on its ordinary share capital. The promoters have not previously to the 15th of January 18 , as re- quired by the Standing Orders, deposited a sum of not less than 5 per cent, on the amount of the estimate of expense of the undertaking authorized by the bill being railways situate [in England, with the Paymaster-General for and on behalf of the Supreme Court of Judicature in England]. The Memorialists therefore request that they may be heard by their agents and witnesses in support of the allegations of this Memorial. (Sealed, &c.) Indorsement of Memorial. The indorsement may be as follows : — In Parliament. Session 18 . [A and B Railways and Harbours Bill, or as the short title may be.] Memorial of the C and D Railway Company, complaining of non-com- pliance with the Standing Orders. Z and Co., Agents for the Memorial. A LIKE FORM OF MEMORIAL. [Heading as in preceding form.] The Memorial of the undersigned persons, and of the H and L Estate Company, Limited, under their com- mon seal. !?I)cfo£t[! as follow : — 1. A Petition has been deposited in the Private Bill Office of the House of Commons praying leave to FORM OF MEMORIAL. 255 bring in to that Honourable House a bill, a printed copy whereof is annexed to that petition, intituled, " A bill for incorporating and conferring powers on the H Harbour Company, and for other purposes " (hereinafter referred to as the bill), and a copy of the bill has also been deposited in the office of the Clerk of the Parliaments. 2. In this Memorial, unless otherwise stated, the follow- ing expressions have the following meanings (that is to say) :— The expression " the Standing Orders," means the Standing Orders of both Houses of Parliament. The expressions " the plans," " the deposited plans," " the sections," " the deposited sections," " the books of reference," mean (as the case may be) the plans, the sections, the books of reference, deposited on or before the 30th of November last, in respect of the bill at the office of the [Clerk of the Peace for the county of ], and in the office of the Clerk of the Parliaments, and in the Private Bill Office. The expression " the Parliament Office," means the office of the Clerk of the Parliaments of the House of Lords. The expression " the Private Bill Office," means the Private Bill Office of the House of Commons. The expression " the notices for the bill," means the notices of the intended application to Parliament for leave to bring in the bill published in the month of November last in the London Gazette and in the local newspapers, in which such notices were pub- lished in the months of October and November last, or in one of those months. The word " marked," used in reference to any distance, means marked on the plans and sections. The word " measured," means measured along the centre line of the railway in the direction proceeding from the commencement to the termination of the 256 PRIVATE BILL PROCEDURE. railway, on the plans and along the datum horizontal line in a similar direction on the sections, and accord- ing to the only horizontal scale to which the plans and sections purport to be drawn. The expression " marked and measured," means (except when otherwise stated) marked as aforesaid on the plans and sections, and that the fraction of a furlong is measured from the distance so marked. Every distance stated as being upon the plans or the sections means, as the case may be, the distance along the centre line of railway shown upon the plans, or, as the case may be, along the datum hori- zontal line of the sections. The railways proposed to be authorized by the bill, and therein referred to as No. 1 and No. '1, are hereinafter referred to by the same respective numbers. The expression "the limits of deviation," means the limits of lateral deviation defined upon the plans. The expression " lands," and " buildings," and " pro- perties," respectively means and includes any land, building, enclosure, or property of whatsoever descrip- tion shown, or delineated upon the plans, or described in the books of reference, or which it is alleged in this memorial ought to have been shown or delineated upon the plans, or described in the books of reference. All lands and buildings and properties in respect of which any breach of the Standing Orders is in this memorial alleged, are situate wholly or partially within the limits of deviation, and may be taken compulsorily under the bill. Allegations in this memorial referring to the nature or condition of any land, building, or property mentioned or described in this memorial refer to the nature or condition thereof on and lor some time before the 30th of November last. And in this memorial words and txpressions to FORM OF MEMORIAL. 257 which meanings are assigned by the bill have those meanings, unless there be something in the subject or context repugnant to such construction. 3. The bill is a bill of the second class, namely, a bill for making railways, and the Standing Orders relating to the bill have not been complied with in the following respects : — The plans, sections, and books of reference are erroneous and defective, and are not prepared in the manner required by the Standing Orders in the several instances hereinaf fcer specified and set forth. 4. As regards railway No. 1 and railway No. 2, the datum horizontal line of the sections is not referred to any fixed point stated in writing on the sections. 5. Railway No. 2 is shown on the plans and sections as intended to be constructed in certain parts in tunnel, and one of such tunnels is shown on the plans as commencing at a point marked and measured 4 mis. 2 fur. 1*2 chs., and terminating- at a point marked and measured 4 mis. 4 fur. 2 - o chs., whereas on the sections such tunnel is shown as commencing at a point 4 mis. 2 fur., and ter- minating at a point 4 mis. 4 fur. 2 chs., and in those regards the plans and sections are at variance with each other. 6. As regards railway No. 1 at and near the point marked and measured 3 mis. 1 fur. 2 chs., the deposited plans show a curve of a radius of 3 furlongs, whereas on the said plans it is noted as of a radius of 2 furlongs. 7. The deposited plans do not describe the several properties specified in the table next hereafter following, they are not shown thereon. Table. [Insert same.] 8. The books of reference omit all mention of the properties following [State same, or give them in a tabular forrri]. 258 PRIVATE BILL PROCEDURE. 9. Your undersigned memorialists, L and M, are, and have for many years past, been owners of the property, consisting of house, garden, orchard, and premises, firstly mentioned and described in the table appended to para- graph 7 of this memorial, but no application in writing was on or before the 15th of December last made to your memorialists, L and M, or either of them, in respect of their said property by the promoters. 10. Between the points referred to in the next follow - ino- table, cuttings exceeding 5 ft. in depth, or, as the case may be, embankments exceeding 5 ft. in height, are shown upon the sections, but the extreme depth of such cuttings under, or, as the case may be, the extreme height of such embankments over, the surface of the ground are not marked in figures on the sections. 11. The plans show that several public carriage roads will be crossed by railway No. 1, but in the instances specified in the table next following, no mention is made in the sections of the heights of the railway over, or the depths of the railway under, those roads. Table. [Insert same.] 12. The notices for the bill are not headed by a short title descriptive of the undertaking or bill, inasmuch as railway No. 2 is in no way indicated or described in or by such title or heading. Your Memorialists therefore request that they may be heard by themselves, their agents and witnesses, in support of the allegations contained in this memorial. (Signed) (Sealed, &c.) [From the above tivo forms if is thought the practitioner "■ill readily be able to draft, the memorial in the shape required to meet the 'particular breaches of Standing Orders he may discover in relation to the particular Bill he w opposing. ~\ FORM OF STATEMENT OF PROOFS. 259 FORM OF STATEMENT OF PROOFS. [See ante pp. 12, 13. All these forms can be purchased from Messrs. Eyre and Spottiswoode.] House of Commons. Meeting of Company Incorporated by Special Act of Parliament. Statement of Proofs before the Examiner for Standing Orders, after the First Reading of the Bill in the First House, or subsequently to the Introduction of the Bill in the Second House. (Under S. 0. 62 or S. 0. 64.) Session 1898. Sheffield and Retford Railway Bill. John Jones. Produced the Times newspaper (being a newspaper published in London) of the 20th and 27th Dec. 1897, being two consecutive weeks, containing notice calling a Special Meeting of the proprietors of the Sheffield and Retford Railway Company to consider the bill. Also the Sheffield Independent, being a newspaper of the county of York (in which county the principal office of the said. Company is situate) of the 20th and 27th days of Dec, 1897, being two consecutive weeks, containing the same notice. Proved that a circular calling the said meeting, addressed to each proprietor at his last known or usual address, was sent by post or delivered at such address not less than ten days before the holding of such meeting, enclosing a blank form of proxy, with proper instructions for the use of the same. 260 PRIVATE BILL PROCEDURE. Proved that the same form of proxy and the same instructions, and none other, were sent to every such pro- prietor, that no such form of proxy was stamped before it was sent out, nor have the funds of the company been used for the stamping of any proxies, nor was any intima- tion sent as to any person in whose favour the proxy might be granted; and no other circular or form of proxy relating to such meeting has been sent to any proprietor from the office of the company or by any director or officer of the company so describing himself (to the witness's best knowledge and belief). Proved that such meeting was held on the 10th day of January, 1898, being a period not earlier than the seventh day after the last insertion of such advertisement. Proved that at such meeting a print of the bill [as proposed to be introduced into the House of Commons] was submitted to the proprietors then present, and was approved of by proprietors present in person or by proxy, holding at least three-fourths of the paid-up capital of the company represented by the votes at such meeting, such proprietors being qualified to vote at all ordinary meetings of the company in right of such capital. [Proved that the votes of proprietors of any paid-up shares or stock, other than debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the bill, which were tendered at such meeting were duly recorded separately], or [That no votes of pro- prietors not qualified to vote at ordinary meetings of the company were tendered at such meeting]. [Proved that no poll was taken], or [That a poll was taken]. Proved that he deposited [in the Private Bill Office of lie House of Commons) a statement of the number of /otes, [and also of the number of votes recorded separately]. Proved that the names of the proprietors present in person at the said meeting were duly recorded. form of statement of proofs. 261 Proof as to Amendments made in the First House. [Proved that by the terms of the consent of the com- pany already proved in the House of [Lords] [Commons], the bill as introduced, or proposed to be introduced, into that House, was approved of, or consented to, subject to such additions, alterations, and variations as Parliament might think fit to make therein.] Stated that no Standing Orders are applicable to the amendments made in the bill further than those which were proved to have been complied with previously to its introduction into Parliament [except with reference to "Alteration of Work," with respect to which proof is tendered herewith]. Note. — " Separate Undertakings. " So far as any such bill relates to a separate under- " taking in any company as distinct from the general " undertaking, separate meetings shall be held of the pro- " prietors of the company and of the separate under- " takings, and the provisions of this Order applicable to " meetings of proprietors of the company shall, mutatis " mutandis, apply to meetings of proprietors of the separate " undertakings." [Consequently, proof of compliance with this Order with reference to any such "Separate " Undertaking" must be given in accordance with the foregoing Form of Proof, which has reference to a com- pany wholly.] [This form is number 4 of the forms of Statements of Proofs published by Messrs. Eyre and Spottiswoode, the Queen's Printers ; the titles of the others are — (1.) Statement of Proofs, &c, previously to the introduc- tion of the bill, in cases of bills of the 2nd class or bills of the 1st class, by which any lands or houses are intended to be taken compulsorily, or by which an extension of time granted by any former Act for that purpose is sought. 262 PRIVATE BILL PROCEDURE. (2.) Statement of Proofs previously to the introduction of the bill in cases of 1st class bills, by which no lands or houses are intended to be taken com- pulsorily, nor by which any extension of time granted by any former Acts is sought. (3.) Provisional orders confirmation bills: — Statement of Proofs, with respect to statements relating to houses inhabited by labouring classes, and places relating to such statements as required by S. O. 38 ; and also as to deposit of plans, &c, in the office of the Clerk of the Parliaments and Private Bill Office of the House of Commons as required by S. O. 39. (5.) Meeting of company, society, association, or co- partnership (other than a company to which S. O. 62 or 64 is applicable). -Statement of Proofs under S. O. 63 or 65. (6.) Statement of Proofs under S. O. 6 in case of sub- scription, &c, by any company incorporated by Act of Parliament, or by any class of holders of share or loan capital in any such company. (7.) Statement of Proofs as to charging payments on grand jury cess or local rate in aid of railways in Ireland. (8.) Statement of Proofs as to signatures of directors, &c, deposit of bill as introduced into the second House at the Home Office, Board of Trade, Local Government Board, General Register Office, Somerset House, or Board of Agriculture. (9.) Statement of Proofs (to be made in the second House) as to alteration in the work since the introduction of the bill into Parliament.] FORM OF AFFIDAVIT IN SUPPORT OF PROOFS. 263 FORM OF AFFIDAVIT IN PROOF OF COM- PLIANCE WITH STANDING ORDERS. [See S. O. 76, ante, p. 120; S. O. H. L. 77, and see ante, p. 12.] In Parliament. Session 1898. Sheffield and Retford Railway Bill. I, John Jones, of Snig Hill, Sheffield, in the county of York, clerk to Messrs. Smith and Brown, solicitors, Shef- field, make oath and say as follows : — That in pursuance of the Standing Orders of Parliament a print of the Bill bearing the above name or short title was submitted to a meeting of the proprietors of the Sheffield and Retford Railway Company held especially for that purpose. That such meeting was called by advertisement inserted in the Times newspaper, being a London newspaper, of the 20th and 27th days of December 1897, being two consecutive weeks, and also in the Sheffield Independent newspaper, being a newspaper published in Sheffield, of the 20th and 27th days of Decembei 1897, being two consecutive weeks. That the principal office of the said company is situate in the county of York, in which county the said Sheffield Independent newspaper is published. That a circular stating the object of such meeting was addressed to each proprietor at his last known or usual address, and sent by post or delivered at such address not less than ten days before the holding of such meeting, enclosing a blank form of proxy, with proper instructions, for the use of the same. s 2 264 PRIVATE BILL PROCEDURE. That the same form of prosy and the same instructions and none other were sent to every such proprietor, that no such form of proxy was stamped before it was sent out, nor have the funds of the company been used for the stamping of any proxies, nor was any intimation sent as to any person in whose favour the proxy might be granted, and no other circular or form of proxy relating to such meeting has been sent to any proprietor from the office of the company, or by any director or officer of the company so describing himself to the best of my knowledge and belief. And I further say that such meeting was held on the 14th day of January 1898, being a period, not earlier than the seventh day after the last insertion of such advertisement, and that at such meeting a print of the Bill as proposed to be introduced into the House of Commons was submitted to the proprietors then present, and was approved of by proprietors present in person or by proxy, holding at least three-fourths of the paid-up capital of the company represented at such meeting, such proprietors being qualified to vote at all ordinary meetings of the company in right of such capital, and that no votes of proprietors not qualified to vote at ordinary meetings of the company were tendered at such meeting, and that no poll was taken. And I further say that the names of the proprietors pre- sent in person at the said meeting have been recorded by the compan}-. Sworn at Sheffield, in the county of York, this 12th day of January 1898 be- fore me, John Jones. ABC, A Commissioner for Oaths. FORM OF PETITION AGAINST A BILL. 265 FORM OF PETITION AGAINST A BILL. [See S. O. 205, 89, 128, 129, ante, pp. 158, 123, 129 ; S. O. 92, 93, 147a, H.L., and see ante, pp. 22, 23, 35.] In the House of Commons. Session 18 . R. & S. Railway. Petition Against the Bill, Praying to be heard by Counsel. To the Honourable the Commons of the United King- dom of Great Britain and Ireland, in Parliament Assembled. The Humble Petition of A. B. and C. D. ^lufocth, — 1. That your petitioners have for more than ten years been and still are the lessees and occupiers of a field at , in the county of , and of large buildings and premises at aforesaid, at a distance of a mile or thereabouts from the said field. 2. The said lease of the said field expires by effluxion of time on the day of , 19 , thus leaving an unexpired term of five years and two months ; whilst there is of the said lease of the said buildings and pre- mises an unexpired term of more than 60 years. 3. Your petitioners have occupied and used during the past ten years, and still occupy and use the said buildings and premises as a school for boys, and the said field as 266 PRIVATE BILL PROCEDURE. a playground and cricket field for the said boys attending their said school. 4. A bill (in this petition referred to as " the bill ") has been introduced and is now pending in your Honourable House intituled "A bill to authorize the construction of a Railway from R. to S., and railways and works in con- nection therewith, and for other purposes." 5. By the said bill the property of your petitioners is sought to be taken and interfered with, and the bill is in that respect and otherwise prejudicial to their property, rights, and interests. 6. By the said bill it is proposed to incorporate a com- pany (clause ) under the name of the " R. and S. Railway Company " (in the bill and hereinafter called " the company ") for the purpose of making and main- taining, amongst other things, a railway from R., in the county of , to S„ in the county of , and (by clause ) it is proposed to give power to the com- pany to take compulsorily the said field, and to construct thereon the said railway or some part thereof, or to construct thereon a station or other works in connection with the said railway. The said field is within the limits of deviation, and is thus described in the deposited books of reference [State description.'] 7. Your petitioners will be unable if the said field is thus taken to secure any field or playground for their said school in as convenient proximity to their school, or indeed, within any reasonable distance thereof, and their said school will be greatly injured thereby, or perhaps even destroyed. 8. There is already ample railway accommodation for all passenger and other traffic from R. to S. by the existing A. S. & R. Railway. FORM OF PETITION AGAINST A BILL. 267 9. [The * preamble of the said Bill is untrue and ineapable of proof.] Your Petitioners therefore humbly pray your Honourable House that the said bill may not pass into law, and that they may be heard by themselves, their counsel, agents, and witnesses against [the preamble and] such of the clauses and pro- visions thereof as affect their pro- perty, rights, and interests, and in support of amendments and pro- visions for their protection. (Signed) A. B. C. D. FORM OF INDORSEMENT OF PETITION AGAINST A BILL. House of Commons, Session 18 . R. & S. Railway. Petition of A. B. and C. D. Against — By Counsel. U. V., W & Co., Street, Solicitor. Street, Westminster, Parliamentary Agents. 268 PRIVATE BILL PROCEDURE. FORM OF PETITION AGAINST A BILL. Kilpatrick Dock. [Heading as in preceding Form of Petition.] The Humble Petition of the Trustees of the Port and Harbours of Greenock under their Corporate Seal. jshrforth, — 1. That your petitioners were incorporated by [stating Acts], and the property, management, and control of the port and harbours of Greenock are vested in them. 2 & 3. [Stating pecuniary position, and large in- indebtedness for money borrowed.] 4. A bill (in this petition referred to as " the bill ") has been introduced into and is now pending in your Honour- able House intituled [stating title of bill], 5. Your petitioners object to the bill as prejudicially affecting the port and harbours of Greenock, and the rights and interests of your petitioners, in, amongst others, the respects hereinafter stated. 6. By the bill (clause 4) it is proposed to incorporate a company under the name of " The Kilpatrick Dock Company " (in the bill and hereinafter called " the company") for the purpose of making and maintaining the dock and railways thereinafter described ; and (by clause 5) it is proposed to authorize the company, inter alia, to make and maintain a large tidal dock on the north side of the River Clyde and several railways in connection therewith. 7. By subsequent clauses of the bill the company also seek power to levy, &c, rates, not exceeding those specified in the schedules annexed to the said bill. 8. The company also seek power to act as warehouse keepers. FORM OF PETITION AGAINST A BILL. 269 1). The bill is promoted substantially in the interests of the Caledonian Railway Company and the Lanarkshire, &c, Railway Company ; and if the bill were to receive the sanction of Parliament the proposed dock would to all intents and purposes belong to and be worked by those companies. 10. Your petitioners submit that it is contrary to public policy that a railway company should be empowered to own or construct dock and harbour works such as those proposed by the bill. Irrespective of the great injury which the establishment of the proposed dock would do to the port and harbours of Greenock, and to the interests entrusted to your petitioners, even if the proposed under- taking were managed and conducted legitimately, the possession of such a dock in the hands of a railway company, and under their sole control, would enable them to charge such rates on vessels and goods within the maximum as they thought proper, or to remit them altogether, as they seek power under the bill to do, securing a return on the amount expended by fostering and encouraging their railway traffic, and so to compete with, and on terms most unfavourable to your petitioners, thereby seriously injuring their property and undertaking, by compelling your petitioners, with the view of retaining any portion of the trade of Greenock, to reduce their harbour and dock dues to an unremunerative rate, in- sufficient to enable them properly to maintain and extend their works and meet their obligations to their creditors. 11. There is no trade or traffic at Old Kilpatrick either to require or justify the construction of docks there. The extensive works, therefore, proposed to be executed under the bill cannot be required for local purposes or local convenience, and no necessity exists for their construction. So far as regards the Clyde, ample accommodation can be afforded at Glasgow, Greenock, Port Glasgow, and Bowling, and your petitioners and their predecessors have at all 270 PRIVATE BILL PROCEDURE. times been anxious and willing, as the requirements of trade demanded it, to afford additional accommodation, and they are quite prepared to act in the future as in the past ; and they submit that unless it can be shown that they have in this respect neglected their duties, or that a great public necessity exists for harbour and dock accommodation at Old Kilpatrick, the powers sought by the bill should not be granted. 12. Your petitioners are public trustees, and have no private interest in the matters above set forth. Parliament has entrusted to them the duty of providing harbour and dock accommodation at Greenock, and authorized them to raise the necessary funds for that purpose by mortgaging the rates and dues which Parliament has authorized them to levy at their harbours ; and the public who have advanced the money have done so relying on the rates and dues thus mortgaged, and on the Parliamentary security thereby granted. The effect of authorizing the company to execute the works proposed by the bill would neces- sarily be to enable them to compete with the port and harbours of Greenock, and to divert therefrom traffic now coming to the same, and thus to affect most prejudicially the interest of your petitioners and of the creditors of the trust. 13. No case of public advantage to be derived from the construction of the proposed works can be substan- tiated, which would justify the great loss and injury thereby inflicted on your petitioners. 14. The dock scheme as proposed is badly devised ; the proposed works are defective in many engineering respects ; and the estimate of expense of the works, and the capital proposed to be raised by the bill, are insufficient for the purposes thereof. 15. The preamble of the bill is incapable of proof; but should your Honourable House deem the same proved FORM OF PETITION AGAINST A BILL. 271 clauses and provisions at present stand in the bill which are objectionable and ought to be removed, and other clauses and provisions now absent ought to be inserted for the protection of your petitioners. Your Petitioners therefore humbly pray your Honourable House that the bill may not be allowed to pass into law as it now stands, and that they may be heard by themselves, their Counsel, Agents, and Witnesses against the preamble of the bill, and such of the clauses and provisions thereof as affect their rights and interests, and that they may have such relief in the premises as to your Honourable House may seem meet. And your Petitioners will ever pray. o--> PRIVATE BILL PROCEDURE. FORM OF PETITION AGAINST BILL. Kilpatrick Dock. [Heading as before.] The Humble Petition of the Corpora tion of the City of Glasgow, under their Corporate Seal. ?lieludli, — 1. A bill (hereinafter called "the bill") has been introduced, &c. [as in par. 4 of preceding form\. 2. Your petitioners are the municipal authority having the local management of the city of Glasgow (hereinafter called " the city "), and have the control of the public streets and thoroughfares of the city, and they are also the police, sanitary, and road authority of the city. Your petitioners as the water, gas, and electric lighting authori- ties, are charged with the supply of water and gas to the city and adjoining districts, and of electricity to the city. They also own and work an extensive system of tramwa3 7 s in and near Glasgow, and they own and manage the markets and slaughter-houses within the city, and are the local authority under the Contagious Diseases Acts, and own the only landing-places for foreign animals in the West of Scotland. In these several capacities your peti- tioners make extensive use of and are deeply interested in everything affecting the harbour of Glasgow and the river Clyde. They are also the official representatives of the citizens, and as such are entitled to speak for them regard- ing all interests affecting the general community, and to protect the same. Your petitioners possess by Royal Charter jurisdiction over the river and Firth of Clyde from Glasgow to the Cloch Stane below Gourock, including the area of the river over which jurisdiction is sought by the bill, and the site of the proposed dock is within their area of compulsory gas supply. b'ORM OF PETITION AGAINST A BILL. 273 3. The preamble of the bill recites, inter alia, that the construction of a tidal dock or basin on the north side of the river Clyde, in the parish of Old Kilpatrick, in the county of Dumbarton, with railways and connections therewith, would be of local and public advantage, and that it is expedient, in order to facilitate the construction and working of such dock or basin, that a portion of the Lanarkshire and Dumbartonshire Railway at Old Kil- patrick should be deviated, and also that the persons named in the bill, with others, should be incorporated into a company for the purpose of executing the said works. 4. By the bill it is provided : — [Setting out the material clauses of the bill.] 5. Your petitioners allege that their interests and the interests of the inhabitants, traders, and merchants of the city, will be injuriously affected, and the rateable valuation of the city seriously depreciated by the provisions of the bill if passed into law, and specially by the several clauses before referred to. 6. The prosperity of the city of Glasgow, and of the burghs adjoining thereto, has depended in the past and must depend in the future upon the maintenance and development of the harbour accommodation of the city so as to meet the wants of the manufactures, trade, and commerce of which Glasgow is the centre. Consequently, everything which affects the harbour interests is of the greatest importance to the city and to your petitioners. 7. By virtue of ancient rights and charters, and in particular by virtue of a charter granted by King Charles I., dated at Newmarket, 16th October, 1636, your petitioners possess and enjoy jurisdiction and other rights over the river and firth of Clyde; extending from Glasgow Bridge to the Cloch Lighthouse, which comprehends the portion of the river over which powers are sought by the intended bill, and specially, your petitioners are empowered to elect annually a bailie and deputy-bailie of the river 274 PRIVATE BILL PROCEDURE. and tilth of Clyde, who, by virtue of the said charter and of various local statutes, exercise jurisdiction from the eastern termination of the harbour of Glasgow to the southernmost point of the island of Little Cumbrae, in the firth of Clyde As acting in the execution of the Glasgow Police Acts and other local statutes, your petitioners are also vested with important functions connected with the police of the river and firth within the said limits. 8. The said charter of King Charles I. so far as is material, is as follows : — [Setting out the same.'] 9. Having regard to the rights so conferred, and in the interest of the trade of the city, the corporation have from the earliest times been at considerable expense in deepening and straightening the river, and removing rocks and other obstructions. They also have expended large sums in pro- viding quayage, warehouse and other accommodation for ships. The result of that expenditure was to draw to Glasgow an amount of trade which would otherwise have been impracticable. This trade increased to such an extent that it was deemed expedient to have the administration of the navigation of the river and the construction of such further works as might be found necessary to meet the "•rowing requirements of the navigation transferred to the Clyde Trustees, in which body the corporation, along with others, is represented. That body, by virtue of various Acts of Parliament, has from to time to time further deepened the river and extended the dock and quayage accommodation till ships of the largest tonnage can new be brought up to the city. In order to meet the cost and maintenance of those works the trustees have, under the authority of Parliament, expended nearly £9,000,000, and at the pre- sent time about £5,500,000 of that sum is due to bond- holders and other lenders to the trustees. If the dock were constructed as proposed in the bill, and other similar (lucks in the interest of railway companies were authorized, the position of those lenders might be seriously prejudiced. FORM OF PETITION AGAINST A BILL. 275 10. By the incorporation in the bill of the Harbours, Docks and Piers Clauses Act, 1847, powers are sought to be conferred on the harbour-master to be appointed by the company to interfere with the navigation of vessels within the limits prescribed by the bill. By such incorporation new offences within the river are created, and powers are given to make bye-laws and to enforce the same by the imposition of penalties. The powers so sought are incon- sistent, and will conflict with the powers and jurisdiction of your petitioners hereinbefore referred to, and your petitioners and the interests they represent will be in- juriously affected thereby. The powers so sought to be conferred will affect every vessel passing up and down the river to and from the city. 11. Your petitioners are convinced that it is in the interest of the city, and of the districts adjoining thereto, that the supply and control of harbour accommodation on the river Clyde should continue in the hands of the Clyde Trustees, who have expended and are expending large sums of money in constructing additional accommodation, to meet not only the present but the future needs of the traffic of the river and district. Those trustees have no other interest than the interest of the public. Their surplus revenues, after meeting the annual charges for borrowed money, and of the maintenance, management, extension and improvement of their docks and quays, are applied to the reduction of debt or the lowering of the rates and charges exacted by the trustees. 12. Your petitioners view with alarm the formation of a dock on the Clyde by a company whose aim is to make a profit for themselves. It is believed that the dock is sought to be authorized chiefly for the benefit of and in the interest of the railway connecting with it, and with which the company seek wide powers of making working and other agreements by clause 64 of the bill. 276 PRIVATE BILL PROCEDURE. 13. Your petitioners submit that the powers sought in the bill to remit or return dues in whole or in part, and to confer facilities for which no fixed charge is provided, might be so used as to create an unfair and injurious preference to traders in certain districts of the country as against those represented by your petitioners. 14. Your petitioners, in connection with the depart- ments administered by them, purchase and use large quantities of material which are brought to the city by ship. Your petitioners believe that the construction of the proposed dock might have the effect of so reducing the revenue of the Clyde Trustees that they might be unable to deepen the river and to maintain and extend their docks and quays so as to meet the requirements of the port, and in that event the whole trade and interests of the city would be injuriously affected. 15. The Clyde Trustees have hitherto at great cost provided in advance for the development of the trade of the city and neighbourhood, and your petitioners believe the trustees are both able and wi! ing to provide such new docks as may be necessary to me t the requirements of the trade. Your petitioners believe that there is no necessity whatever for the proposed dock, aid it will interfere with and take traffic already amply provided for. 16. It is in the public interes that docks and harbours should be under the control of an efficient public body. It is against public policy that 1 hey should be under the control of aud conducted in the interests of any particular railway company. 17. Your petitioners, twenty years ago, at a cost of upwards of 100,000?., acquired lands near the site of the proposed dock, a portion of whi h lands, under the Glas- gow Corporation Sewage Act, 895, they have power to utilise as a site for the treatment of the sewage of the city, and for sewage works. In connection with those works, they have power on those lauds, or on other lands to be FORM OF PETITION AGAINST A BILL. 277 acquired by them by agreement, or in the bed of the Clyde, to construct landing piers, docks, or wharves. The powers proposed to be conferred by the bill m;iy injuriously affect the use of such lauding piers, docks, or wharves. 18. No case of public advantage to be derived from the construction of the proposed dock can be substantiated which would justify the loss and injury to be thereby inflicted on your petitioners, the inhabitants of Glasgow, and the other interests they represent. 19. The estimates for the works are quite inadequate. 20. The preamble is incapable of proof. [Prayer as in preceding form.] FORM OF PETITION AGAINST A BILL. Kilpatrick Dock. [Heading as in previous forms. ~\ The Humble Petition of the North British Railway Company, under their common seal. «^|)£foctlr — 1. A bill ( hereinafter called " the bill " ) has been introduced, &c. [as in paragraph 1 of preceding form.] 2. The bill prejudicially affects the rights and interests of your petitioners, and your petitioners object thereto. 3. By the bill it is proposed to incorporate a company (clause 4), and to authorize the company (clause 5) to con- struct a tidal dock and three railways in connection there- with, all as therein described. 4. Railway No. 1, 5 fur. 77 chs. in length, is a new railway, being a deviation of the main line of the Lanark- shire and Dumbartonshire Railway authorized by the Lanarkshire and Dumbartonshire Railway Act, 1891. The bill does not propose, however, to abandon the portion 278 PRIVATE BILL PROCEDURE. of the authorized railway of the Lanarkshire and Dum- bartonshire Company, to be superseded as such by Rail- way No. 1, but to transfer it to the promoters. Railway No. 2, 3 fur. 1*7 chs. in length, is a proposed new dock line ; and Railway No. 3, 2 fur. 7 chs. in length, is also a dock line along the east side of the proposed dock. 5. By the bill, clause 9, Railway No. 1 is declared to vest in the Lanarkshire and Dumbartonshire Company as part of their undertaking under the Act of 1891 ; and, section 10, the portion of the railway of the Lanarkshire and Dumbartonshire Railway Company between the points of commencement and termination of Railway No. 1 shall ' vest in the company as part of their undertaking. 6. By clause 11 the capital of the company is fixed at 150,000^., and clause 16 gives the usual borrowing powers of one-third of the capital in addition. 7. By the bill, clause 64, the company take power to enter into working agreements with the Lanarkshire and Dumbartonshire Railway Company and the Caledonian Railway Company, and the Trustees of the Clyde Navi- gation. 8. Your petitioners believe that the bill is promoted in the interests, and with the approval and sanction of the Lanarkshire and Dumbartonshire Railway Company, and for the purpose of placing traffic on the railway of that company and withdrawing and diverting it from the railways of your petitioners, over which a large portion of the coal, ore, and other traffic now dealt with at Queen's Dock, belonging to the Trustees of the Clyde Navigation, is carried. 9. Your petitioners' Glasgow, Dumbarton, and Helens- burgh Railway, is in direct competition with the authorized railway of the Lanarkshire and Dumbartonshire Railway Company between Glasgow and Dumbarton, and at Old Kilpatrick, the railway of your petitioners is close to the railway of the Lanarkshire and Dumbartonshire Company. FORM OF PETITION AGAINST A BILL. 279 The construction of the proposed new dock and relative railways will form a new source of competition with the railways of your petitioners, and abstract and divert traffic from your petitioners' railways. 10. When the Lanarkshire and Dumbartonshire Rail- way was sanctioned by the Act of 1891, it was enacted for the protection of your petitioners, inter alia, section 6, sub-section (11), that the Lanarkshire and Dumbartonshire Company should not oppose any application to Parliament by your petitioners to authorize your petitioners to connect their railway with any works on the south side of the rail- way of the Lanarkshire and Dumbartonshire Company between Clydebank and Bowling. Such provision was a recognition of the right of your petitioners to connect with any works on the north bank of the Clyde, and if the pro- posed dock works are authorized, they should only be so subject to a right to connect their railways with the same being specially reserved to your petitioners. 11. The proposed dock and railways are wholly un- necessary, and are not required in the interests of the public or of traders or shippers on the Clyde, which already possesses ample dock accommodation at Glasgow, and to which docks the railways of your petitioners as well as of the Caledonian Company and Lanarkshire and Dumbartonshire Company have access. The transfer of the traffic to the new dock would entail an additional land carriage, which would go into the pockets of the Lanark- shire and Dumbartonshire Company, and doubtless this is the real object of the bill. 12. The dock and railways are badly and injudiciously laid out, and cannot be constructed for the amount stated in the deposited estimate of expense. 13. The capital proposed to be raised by the bill is altogether insufficient. 14. By clause 32 of the bill, it is proposed to cross on the level with four lines of rails the public road leading T 2 280 PRIVATE BILL PROCEDURE. from Erskine Ferry to the station of your petitioners at Kilpatrick, to the serious prejudice and inconvenience of your petitioners' traffic. 15. The preamble is untrue and incapable of proof. [Prayer, see 'preceding form.] FORM OF PETITION AGAINST A BILL. [Heading and Prayer as in previous forms.] The Humble Petition of the Mayor, Aldermen, and Commons of the City of London, in Common Coun- cil assembled. 1. A bill has been introduced, &c. [as in previous forms]. 2. By the bill it is proposed to incorporate a company for the purpose [stating what]. 3. Your petitioners are the municipal authority for the City of London, and property, rights, and interests of your .petitioners, and of the citizens of the City of London, whom they represent, will be prejudicially affected by the Bill in the manner hereinfter appearing. 4. Certain of the railways and works proposed by the Kill, and described in clause 30 thereof , are intended to be made wholly or partly in the City of London, and for that purpose a large amount of valuable property, including property of your petitioners, is proposed to be taken. 5. By clause 31 of the bill the company seek powers to stop up and discontinue as public thoroughfares Brackley Street and part of Farm Street, in the parish of, &c, and appropriate the site and soil of those streets for the pur- poses of their undertaking. 6. By clause 67 of the bill the company seek power to iicfjuire parts only of any lands, houses, buildings, or FORM OF PETITION AGAINST A BILL. 281 manufactories, which they may require for the purposes of their undertaking, notwithstanding the provisions of the 92nd section of the " Lands Clauses Consolidation Act, 1845," and by clause 68 they seek exceptional powers with reference to their superfluous lands. 7. Your petitioners object to the compulsory purchase of their property for the purposes of the bill, and to the powers which the company seek by clauses 67 and 68. The taking of parts only of properties would be most unjust to your petitioners and other owners and occupiers of property, and inflict great loss and detriment upon them. Such powers are unusual, and, when granted by Parliament, have been limited to certain specified pro- perties, or to those which could be divided without material or substantial injury or detriment. 8. The proposed stopping and discontinuance of streets will cause great loss and inconvenience to owners and occupiers of property near or adjoining such streets, and your petitioners humbly submit that clauses for the compensation of such persons should be inserted in the bill. 9. The exceptional powers of dealing with superfluous lands which the company seek by clause 68 are not legitimate for a railway undertaking, and if passed would enable the company to embark in land speculation, and if granted at all, will, your petitioners submit, require modification. 1 0. The times limited for compulsory purchase of lands and for complstion of works are excessive, and should not, your petitioners humbly submit, exceed three years and five years respectively. The effect of the company having compulsory powers over property (which they may probably never exercise) will be to seriously depreciate its value, and to prevent any street or other improvements being carried out either by the owner or by your petitioners. 282 PRIVATE BILL PROCEDURE. 11. The powers of underpinning, which the company seek by clause 66 of the bill, would most seriously and prejudicially affect the value of property near the line of the proposed works, and should not, your petitioners submit, be sanctioned, but if Parliament should see fit to confer those powers on the company, then proper and efficient clauses should be inserted in the bill for the protection of the owners and occupiers of property so affected. 12. By clause 64 of the bill, the company seek powers to make and maintain openings in the streets for the purpose of ventilating their railway. Your petitioners most strongly object to these powers, as they would be dangerous to traffic in the narrow and crowded streets of the City of London, and injurious to the health of the inhabitants of houses near such openings. The proposed openings are unnecessary as there are other modes of ventilation which, if somewhat more expensive, would be more efficient. 13. The railways and works proposed by the bill are not necessary, and are not called for by any public want or requirement. 14. Many of the clauses and provisions of the bill are objectionable to and prejudicially affect the interests of your petitioners and of the citizens of London, and will require to be modified should the bill pass into law, and clauses and provisions not now in the bill will, in such case, require to be inserted for the protection of the interests of your petitioners and of the said citizens. 15. Your petitioners object to the bill for the reasons above set forth, and submit that the preamble thereof is untrue and incapable of proof. Your petitioners, &c, Signed by order of the Court, X. Y., Town Clerk. FORM OF NOTICE OF OBJECTIONS. 283 FORM OF NOTICE OF OBJECTIONS TO LOCUS STANDI. [See S. O. 128-135, wife, pp. 129-131 ; S. O. 105a, B,andc, H. L., and see ante, pp. 23, 35.] In the House of Commons. Session 18 . [A. & B. Railway, or as the short title may be.] To the Clerk to the Referees on Private Bills, and to the Agents for the undermentioned Petitioners. TAKE NOTICE that the promoters of the above-named Bill intend to object to the right of [the X. Y. &Z. Railway Company, or as the case may be] to be heard upon their petition against the said Bill on the following grounds, viz.: — 1. The petition does not allege nor is it the fact that any land or property of which the petitioners are owners, lessees, or occupiers will be taken or interfered with by the bill. 2, 3, 4, 5 [State other grounds applicable to the par- ticular case, as in following forms]. 6. The petition does not disclose any facts or reasons which, according to the practice of Parliament entitle the petitioners to be heard against the bill or any of the clauses or provisions thereof. Dated the , day of 18 . W. & Co., Agents for the Bill. 284 PRIVATE BTLL PROCEDURE. FORM OF INDORSEMENT OF NOTICE OF OBJECTIONS TO LOCUS STANDI. In the House of Commons. Session 18 A. & B. Railway. Notice of Objections to the locus standi of [the X., Y. & Z. Railway Company, or as the case may be.] Agents for the Petitioners, Messrs. C. & D., Street, Westminster. W. & Co., [Insert name of Agents for the Bill] Street, Westminster. [In framing petitions against particular bills or notices of objections to locus standi in particular cases the practitioners may frequently find assistance by referring to the numerous reported cases in the Locus Standi Reports. In those reports the notices of objections are usually to be found set out or summarised. Thus, for instance, for a form of notice of objections to the locus standi of the inhabitants of a district upon the ground that those peti- tioning were not sufficiently representative of the district,. and that their interests Were already sufficiently represented by the local authorities who had petitioned against the bill, see Tottenham, &c, Railway Bill, 1890. Petition of Inhabitants of Leyton, &c, 1 R. & S. 72. For a form of objection to the locus standi of a Chamber of Commerce on a Rivers Pollution Bill see West Riding Conservancy Bill. 1894. Petition of the Morley Chamber of Commerce, 1 R. & S. 356.] FORM OF NOTICE OF OBJECTIONS. 285 FORM OF NOTICE OF OBJECTIONS TO LOCUS STANDI. [This and the two following forms are applicable to the Forms of Petition against a Bill, which are given at ' pp. 268, 272, 277, ante.] In the House of Commons. Session 1897. Kilpatrick Dock. To the Clerk to the Referees on Private Bills and to the Agents for the undermentioned Petitioners. TAKE NOTICE that the promoters of the above-named bill intend to object to the right of the trustees of the port and harbours of Greenock to be heard upon their petition against the said bill on the following grounds, videlicet : — 1. The petition does not allege nor is it the fact that any land or property of which the petitioners are owners, lessees, or occupiers will be taken or interfered with by the bill. 2. The proposed dock will be situate several miles higher up the River Clyde than the docks of the petitioners, and on the opposite side of the river, and will not interfere with any of the rights or jurisdiction of the petitioners in connection with the port and harbours of Greenock. 3. The trade of the port of Greenock largely consists of traffic which goes to other harbours on the West Coast of Scotland lower down the Firth of Clyde, and cannot be affected by the proposed dock, which would serve the purposes and the trades and industries of a different county and locality altogether and no such competition could arise with the port of Greenock as would entitle the petitioners to be heard against the bill 286 PRIVATE BILL PROCEDURE. 4. The allegations contained in paragraph 10 of the petition as to the possible reduction or remission of rates are unfounded. The proposed dock is to be constructed by an independent company, and revenue will require to be raised from the trade of the dock to pay interest upon the capital to be raised. 5. The petition does not disclose any facts or reasons which, according to the practice of Parliament, would entitle the petitioners to be heard against the Bill. Dated the day of , 18 . A. & B., Agents for the Bill. FORM OF NOTICE OF OBJECTIONS TO LOCUS STANDI. Kilpatrick Dock. [Heading and Prayer as in preceding form.] TAKE NOTICE that the promoters of the above-named bill intend to object to the right of the Corporation of the City of Glasgow to be heard upon their petition against the said bill on the following grounds, viz. : — 1. [As in paragraph 1 of preceding form.] 2. The bill will not interfere with any of the various duties and authorities of the petitioners referred to in paragraph 2 of the petition, nor will any of the existing rights or jurisdiction of the petitioners under the ancient charters or the Acts of Parliament referred to in para- graphs 7, 8, and 10 of the petition be affected by the bill, or if any interference therewith could arise, the same would be too remote and inconsiderable to entitle the petitioners to be heard in respect thereof. FORM OF NOTICE OF OBJECTIONS. 287 3. The administration and control of the River Clyde, and the navigation thereof and conservancy of that river between Glasgow and Newark Castle, is at the present time vested in the Trustees of the Clyde Navigation, who were constituted in 1858, and are petitioning against the bill, and whose locus standi is admitted. The petitioners have a large representation on the Clyde Trust, but since the constitution of that trust they have had no separate jurisdiction or control over the navigation or conservancy of the said river. The petitioners are thus fully repre- sented by the Clyde Trustees in all matters connected with the navigation of the Clyde, and the improvement and conservancy of the river, and the maintenance and pro- vision of docks and other similar matters, and the petitioners are not entitled to be heard separately against the bill in regard to any alleged interference or competi- tion with the undertaking of the Clyde Trustees, or in regard to the position of the creditors of the Clyde Trust the fixing of rates, the reduction of revenues or the other matters referred to in paragraphs 9, 10, 11, 12, 13, 14, 15, and 16 of the petition. 4. The allegations in the petition of possible inter- ference with the petitioners' future landing piers, docks, or wharves at Dalmuir, and of injury to the City of Glasgow (which is about nine miles away from the proposed dock and situate in a different county, with the burgh of Patrick and the burgh of Clydebank intervening between the dock and Glasgow on the same side of the river), and the depreciation of the rateable value of the city (which the promoters deny) are too vague and remote to entitle the petitioners to be heard in respect thereto. 5. The petitioners, as traders using the River Clyde and the Glasgow Docks, are not entitled to be heard against the bill in addition to the duly constituted trustees of the navigation on the ground of anticipated injury to the undertaking of the trustees. 288 PRIVATE BILL PROCEDURE. 6. The petitioners are not entitled to be heard against the bill on grounds of public policy or public interest affecting the navigation of the Clycj,e, in addition to the trustees who are the proper parties to watch and protect the navigation interests of Glasgow. 7. [As in paragraph 5 of preceding form.] FORM OF NOTICES OF OBJECTION TO LOG US STANDI. [For Heading and Prayer see preceding forms.] Kilpatrtck Dock. TAKE NOTICE that the promoters of the above-named bill intend to object to the right of the North British Railway Company to be heard, &c 1. [As In 'previous form.] 2. The petitioners are not the owners of Queen's Dock or of any of the dock accommodation at Glasgow, and are not entitled to be heard in regard to any alleged diversion of traffic from their docks. 3. The proposed dock and railways will not interfere with the continued use of the Queen's Dock and other d< >cks at Glasgow to the which the Petitioners' railways have access, and the bill will not withdraw or divert traffic from such railways in such manner or under such circumstances as to entitle the petitioners to be heard against the bill. 4. Even if the bill is promoted with the approval and sanction of the Lanarkshire, &c, Railway Company as alleged (which the promoters do not admit) the railways of that company which are worked by the Caledonian Railway Company are in connection with the Caledonian Railway already in competition with the railways of the petitioners for the traffic using the Glasgow docks and FORM OF NOTICE OF OBJECTIONS. 289 other traffic which it is alleged might be diverted from the railways of the petitioners, and no new competition or competition of such, a character will be created by the bill as would entitle the petitioners to be heard against the bill. 5. The provisions of section 6, sub-section 11, of the Lanarkshire and Dumbartonshire Railway Act 1891, will not be repealed or altered by the bill, nor will the rights (if any) of the petitioners thereunder in connection with the said dock be affected, and the petitioners are not entitled to be heard to seek an alteration or extension of such rights. 6. The petitioners do not represent the public or the traders or shippers of the Clyde, and are not entitled to be heard in respect of any alleged interference with their interests. 7- The petitioners are not the owners of the road from Erskine Ferry, referred to in paragraph 14 of the petition, or the authority in charge of such road. The road is a public highway under the charge of a duly constituted road authority, and the petitioners have no such special interest therein as to entitle them to be heard in reference to any alleged interference therewith. 8. The petition does not disclose any facts, &c. [as in ■preceding forms.] 200 PRIVATE BILL PROCEDURE. A TABLE OF FEES TO BE CHARGED AT THE HOUSE OF COMMONS. Fees to be Paid by the Promoters of a Private Bile. On the deposit of the petition, bill, plan, or any other £ s. d. document in the Private Bill Office - - 5 For every day on which the Examiners shall inquire into the compliance with the Standing Orders 5 For Proceedings in the House. On thf presentation of the petition for the bill - On the first reading of the bill - - - - On the second reading of the bill On the report from the committee on the bill On the third reading of the bill ... Bills from the Lords, commonly called estate bills, divorce bills, naturalization bills and name bills, to be charged only one-half of the preceding fees. The preceding fees on the petition, first, second, and third readings, and report, to be increased according to the money to be raised or expended under the authority of any bill for the execution of a work, in conformity with the following scale: — If the sum be 100,000/. and under 500,000/., twice the amount of such fees. If the sum be 500,000/. and under 1,000,000/., three times the amount of such fees. If the sum be 1,000,000/. and above, four times the amount of such fees. Fok Proceedings before any Committee or the Referees. For every clay on which the committee or referees shall sit, — If the promoters of the bill appear by counsel - - 10 It' they appear without counsel - - - 5 o o Fee> to be Paid by the Opponents of a Private Bii.i.. On the deposit of every memorial complaining that the Standing Orders have not been complied with - loo On tin- presentation or deposit of every petition against :i private bill - - - -200 5 15 15 15 15 TABLE OF FEES. 291 For Proceedings before the Examiners or before any Committee or the Referees. For every day ou which the Examiners shall inquire £ s. d. into any memorial complaining of a non-compli- ance with the Standing Orders - - - 3 For every day on which the petitioners appear before any committee or the Referees - - - 2 General Fees. On every motion, Order, or proceeding in the House upon a private bill, petition, or matter not otherwise charged - - - - - - - -100 For copies of all papers and documents, at the rate of 72 words in every folio, — If five folios or under - - - - 2 G If above five folios, per folio - - - - 6 For the copy of a plan made by the parties - 10 For the inspection of a plan, or of any document - 5 For every plan or document certified by the Speaker pursuant to any Act of Parliament - - - 10 For every day on which any parties shall be heard by counsel at the bar, from each side - - - 10 For every day on which a committee of the whole House shall sit on a private bill or matter - -600 For serving any summons or Order on a private bill or matter -------- For every Order for the commitment or discharge of any person - For taking any person into custody for a breach of privilege or contempt - - - - -5 00 For taking any person into custody for any other cause 2 For every day on which any person shall be in custody 10 For riding charges, per mile ... - 1 1 G Fees to be Paid on the Taxation of Costs on Private Bills. For every application or reference to "the Taxing- Officer of the House of Commons,*' for the taxa- tion of a bill of costs - ... 1 292 PRIVATE BILL PROCEDURE. For every 100/. of any bill which shall be allowed by £ s. d. the Taxing Officer - - - - - - 1 On the deposit of every memorial complaining of a report of the Taxing Officer - - - 1 For every certificate which shall be signed by the Speaker - - - - - - - -100 For copies of any documents in the office of the Taxing Officer per folio of 72 words - - - 1 That the same fees be paid in case the Speaker shall refer to the Taxing Officer any bill of costs, under the authority of an Act of the sixth year of his late Majesty King George the Fourth, " To establish a taxation of costs on private bills in the House of Commons." That every bill for the particular interest or benefit of any per- son or persons, whether the same be brought in upon petition or motion, or report from a committee, or brought from the Lords, hath been and ought to be deemed a private bill within the mean- ing of the table of fees. Fees to be taken by the Short-hand Writer. For every day he shall attend - - - - 2 2 For the transcript of his notes, per folio of 72 words - 9 The preceding fees shall be charged, paid, and received at such times, in such manner and under such regulations, as the Speaker shall from time to time direct. TABLE OF FEKS. 293 SCHEDULE OF FEES TO BE CHARGED AT THE HOUSE OF LORDS. Local or Personal Bills. Deposit of plan ------- Notice or order for consideration of Standing Order in order to its being dispensed with - - - Order thereon ------- Certificates of Examiners in case of any one bill Order referring certificate to Standing Orders Com- mittee -------- Standing Orders Committee thereon - Report of Standing Orders Committee - First reading ._-_--.- Notice of second reading - Second reading : Personal bills : Estate Patent ------- Disabilities removal - Divorce ------- A. Naturalisation _■___. Name Oath - - - - - - -> (No second reading fee is charged^ upon an ^indemnity or restoration bill.) Local bills : £ s. d. 10 1 1 5 1 5 2 5 10 Bl 27 Bills where the capital or money to be raised does not exceed 50,000/. exceeds 50,000/., and does not exceed 200,000/. ----- exceeds 200,000/., or is not defined in amount ----- Bills relating to charitable, literary, or scientific purposes whereby no private profit or advantage is derived Other bills ------ 81 108 135 27 81 u 29-i PRIVATE BILL PROCEDURE. £ S. d. Order referring petition for estate bill to judges - 10 Every petition in favour of or against a bill not praying to be heard - - - 10 } , praying to be heard against a bill - -» „ in favour of a bill and praying to I 9 a a be heard against alteration I therein - . - - -J For the first or first and second days on which an agent only appears in support of a petition - - 3 For every subsequent day - - - - - 100 For the first day on which counsel appear in support of a petition - - - - - - -10 00 For every subsequent day - - - - - 4 Order for attendance of witnesses, each witness - 10 Every witness to whom an oath or affirmation is administered at the bar of the House - - - 10 Every witness to whom an oath or affirmation is admi- nistered before a committee -■ Petition for additional provision ... - Certificate of Examiner thereon ... - Report of judges on petition for estate bill Commitment of an unopposed bill - n ,, opposed bill, committee to be pro- posed by Committee of Selection Report of Committee of Selection - Order for committee on opposed bill to meet Order giving leave for counsel to be heard before a committee - - - - - - - 100 For the first day on which counsel appear in support of bill - ... - 8 For every subsequent day - - - - - 4 Committee on any personal bill in division marked A. 2 n on any other bill - - ... - 500 Report, estate bill - .... 500 Report, any other bill, with amendment - 4 , „ without amendment - - 2 Report, bill not to proceed - - - - - 10 Order on report that promoters do not intend to pro- ceed further with bill - - 10 Nol ice of third reading 10 2 5 5 1 1 2 1 1 10 15 3 5 TABLE OF FEES. 295 Third reading : £ s. d. Bill (H. L.) containing not more than 20 pages of print ------- Bill (H. L.) containing more than 20 pages Amendments on third reading H. L. bills H. C. bills Producing before a committee of the House of Com- mons any document or proof - - - - 10 Provisional Order Confirmation Bills. The same fees are charged to promoters and opponents at the committee stage in the case of opposed bills as in the case of local bills. No other fees are charged. General Fees. For every certificate signed by the chairman of com- mittees -------- 2 Inspection of a plan or other document - - - 5 Copy of document, per folio of 72 words - - 6 The inspection fee to be charged in addition when the document is two years old and upwards. Copies of documents earlier than George III. to be charged double the above fees. Copy certified by the Clerk of the Parliaments in addition to the above. 10 Fees on Taxation. For every application or reference to the Taxing Officer of the House of Lords, for the taxation of a bill of costs -------- 1 £1 per cent, upon the amount of the bill as sent in for taxation, or added to on taxation On the deposit of every memorial complaining of a report of the Taxing Officer - - - - 10 For every certificate signed by the clerk of the Par- liaments or Taxing Officer - - - - 10 For copies of any documents in the office of the Taxing Officer, per folio of 72 words - 6 u2 296 PRIVATE BILL PROCEDURE. LIST OF CHARGES FOR PARLIAMENTARY AGENTS, ATTORNIES, SOLICITORS, AND OTHERS. PREPARED BY MR. SPEAKER, IN PURSUANCE OF "THE HOUSE OF COMMONS COSTS TAXATION ACT, 1847." Ant charges included in a bill of costs for proceedings pre- viously to those connected with the preparation of the bill, or the notice" or plans for the same, or for other proceedings which are not strictly Parliamentary, must be made out according to the scale allowed in courts of law. I.— ATTENDANCES. For every attendance hereinafter specified, whenever the same shall be necessary and shall be actually had (but not otherwise), Parliamentary agents will he entitled to the charges set down in the first column, and solicitors to the charges set down in the second column of this list. Parliamentary Agent. At the House of Commons : At each of the following proceed- ings in the House upon tin- petition and bill, viz. — Promoters : Attending to obtain petition for bill from the Private Bill Office, and get the same pre- sented and petition referred to Standing Orders Committee; or bill ordered, or other proceed- ing thereon - - - - Pirsl reading of the bill Second reading - Reporl Consideration of report Third leading - £ s. d. Attorney or Solicitor. £ s. d. 1 1 o 1 ] 1 1 1 1 1 1 1 1 1 1 — 110 l l 1 1 o 1 1 LIST OF CHARGES. 297 Parliamentary Agent. Attorney or Solicitor. Consideration of Lords' amendments - Note. — The above charges will include the attendances upon members at the House, who are to present petitions, or to move any stage of the bill in the House, and the drawing the requisite motions, and also the attendances upon officers of the House in reference to matters connected with any stage of the bill or other pro- ceeding ; except under special circumstances. All other special attendances in reference to other proceedings in the House may be charged according to the circumstances of each case, in conformity with such parts of this list as may be applicable thereto. Attendances before the Examiners of petitions for private bills : Unopposed Cases : To prove compliance with the Standing Orders in the case of a petition for a bill, and obtaining indorsement by Examiner, In first class bills - - - In second class bills If adjourned for further proofs, each subsequent, attendance when the Examiner shall in- quire into the same, or at- tending to apply for post- ponement or adjournment - Note. — Only one attendance is al- lowed to be charged for proofs before the Examiner in respect of the Standing Orders of 1 10th Houses, when the same are taken simultaneously. £ s. d. 1 1 £ s. d. 1 1 2 2 3 3 1 1 2 2 3 3 I 1 298 PRIVATE BILL PROCEDURE. Parliamentary Agent. Attorney or Solicitor. £ s. d. To prove compliance with the Standing Orders in the case of bills from the House of Lords, petitions for additional provision, or bills introduced in lieu of other bills which shall have been withdrawn - Opposed Cases ; For every day on which memo- rials complaining of non-com- pliance with the Standing Orders are inquired into by the Examiner (according to circumstances) - For entering appearances upon memorials before the Exami- ner, and watching proceed- ings in case such memorials are not called on, each day - Note.— When an agent or solici- tor appears and attends for two or more memorials, com- plaining of non-compliance ■with the Standing Orders, on behalf of the same clients, against the same bill, he will be entitled to charge one day's attendance only in respect of the same. For every day on which a peti- tion for a bill is on the Ex- aminer's daily list, but is not called on - Kote. — When two or more peti- tions for bills, being promoted or opposed by or on behalf of the same clients, are appointed for consideration by the same Examiner on the same day, hut are not called on, tin- agents and solicitors of such clients respectively will not be £ s. d. 1 1 2 2 1 1 2 2 LIST OF CHARGES. 299 Attorney or Solicitor. entitled to such charge in re- spect of each petition for a bill so promoted or opposed, but may charge any sum, not ex- ceeding \l. Is., for additional trouble (if any) in respect of each other petition for a bill on the same list ; provided that in no case (except under special circumstances) shall a charge exceeding 5/. os. be made in respect of one such day's at- tendance on behalf of the same clients. For every day on which memo- rials complaining of non-com- pliance with the Standing Orders in the case of bills from the House of Lords, petitions for additional pro- vision, or bills introduced in lieu of other bills which shall have been withdrawn are in- quired into by the Examiner - Attendances before the Referees on locus standi : Attending clerk to obtain ap- pointment, provided that in no case shall more than three such attendances be charged - For every day when the case is in the paper but not reached - For every day in which the case is considered, when the parties appear by counsel When the parties appear with- out counsel ... Attendances before committees : Attending the Standing Orders Committee each day in which £ s. d. £ s. d. from r from 2 2 J 2 2 to S to 3 3 L 3 3 7 6 7 6 1 1 1 1 2 2 2 2 from 3 3 to 2 2 5 5 300 PRIVATE BILL PROCEDURE. the casr is on the list, and is heard, postponed, or ad- journed - Attending the Committee of Selection, or the General Committee on Railway and Canal Bills when required to attend with reference to the grouping of the bill, or the appointment of the com- mittee, or on other special and necessary occasions, pro- vided that in no case shall more than three such attend- ances he charged : Promoters - - - Opponents - Committee on the Bill: Unopposed Bills : Attending when the bill is con- sidered by the committee - Under special circumstances in railway and other bills Attending the committee to apply for a postponement or adjournment Opposed Bills : Attending the committee every day on which the bill is con- sidered by the committee : When the parties appear without counsel (accord- ing to circumstances) - Parliamentary Agent. 2 2 1 1 10 1 1 Attorney or Solicitor. d. £ s. d. 2 2 1 1 10 G 1 1 from r from J 3 3 3 3 to 1 t0 5 5 1 o o LIST OF CHARGES. 301 Parliamentary Agent. Attorney or Solicitor. When the parties appear by counsel, and the pre- amble is considered by the committee When the clauses of the bill are considered by the committee Note. — When an agent or solici- tor appears and attends for two or more petitions against a bill, on behalf of the same clients, he will be entitled to charge one day's attendance only in respect of the same. Attending to watch proceedings of a committee on a group of bills when the bill in respect of which the agent or solicitor is concerned stands for considera- tion, but is not considered by the committee, per day : Promoters - - - - Opponents - - - - Note. — In no ease (except under special circumstances) must a charge exceeding 51. 5s. be made in respect of attending to watch proceedings in the case of petitions against a bill, previously to such peti- tions being considered. Attending to withdraw a petition Note. — When two or more bills, being promoted or opposed by or on behalf of tae same clients, are appointed for con- sideration by the committee on the same day, but are post- poned or adjourned without being considered, or are not separately considered by the committee, the agents or solici- tors of such clients respectively will not be entitled to such 2 2 1 10 £ s. d. £ r s. d. from o 2 :i 3 to 1 5 5 r from r from {; 3 to 5 I: 3 to 5 2 1 302 PRIVATE HILL PROCEDURE. Parliamentary Agent. charge in respect of each bill so promoted or opposed; bjut may charge any sum, not ex- ceeding 1/. Is., for additional trouble (if any) in respect of each other bill so postponed or adjourned, or not separately considered : provided that in no case (except under special circumstances) shall a charge exceeding 51. 5s. be made in respect of one such clay's at- tendance upon the committee on behalf of the same clients. No charge is allowed for attend- ance of a clerk to the solicitor on a committee, except for the purpose of being examined as a •witness. Other Attendances, at the House, or elsewhere : Special attendances upon Mr. Speaker or the Chairman of the Committee of Ways and Means, in reference to any bill - - - - " Attending members at the House on special and neces- sary occasions (other than moving the stages of the bill) First attendance on Mr Speaker's Counsel to go through bill - Subsequent attendances - ^ - Special attendances (not in- cluded in the sessional fee) upon Mr. Speaker's Secre- tary or other officer of the House - Xote. — Where more than one of the above attendances at the House take place on the same occasion with reference to the same bill, not more than 1/. is. to be charged for all such at- tendances unless the time oc- cupied shall exceed one hour. 1 1 1 1 1 10 Attorney or Solicitor. £ *. d. 10 6 1 1 1 1 1 13 13 4 LIST OF CHARGES. 303 At consultation with counsel - On counsel, at Chambers, with retainer; brief; to fix con- sultation and pay fee; with and for draft bill ; and other attendances when fees are paid to counsel - Attending at the Private Bill Office to deposit the petition for the bill, with agent's declar- ation and printed copy of the bill annexed, and other printed copies of the bill, and register- ing the petition in the general list of petitions - Note. — The making up the peti- tion, with declaration and bill annexed, is included in the above charge. Attending at the Private Bill Office to deposit plan, section, and book of reference Other attendances at the House or offices thereof - Attending to deposit documents at a Government Office - Attending to deposit other docu- ments required by the Standing Orders to be deposited (except bills, amendments, &c, the de- posit of which, in certain cases, is included in the sessional fee) . See II. If at a distance, and for de- posits with parish clerks, &c. (if numerous), clerk's time and expenses are to be charged instead of the preceding. Note. — The charge for attending to deposit includes any charge for drawing a memorandum Parliamentary Agent. £ s. d. 1 1 when required to attend. 1 1 1 1 10 6 10 6 10 6 Attorney or Solicitor. £ s. d. 1 1 10 1 1 13 4 10 6 13 4 304- PRIVATE BILL PROCEDURE. of documents deposited, and obtaining signature of the de- positor thereto, and the requi- site copies of the same, except the same shall exceed one folio, ■when Is. id. per folio may he charged for drawing the same, and 6d. per folio for copies to hand in to Examiner or other requisite copies ; it also in- cludes the drawing and obtain- ing the certificate or receipt for such deposit. Attendances for the purpose of deposit cannot be charged both by Parliamentary agent and solicitor. Attending at the Private Bill Office to deposit petitions in favour of or against any private bill, and registering the same ; viz. : — If one petition or less than three - If three petitions, and less than seven -•'.-.- If seven petitions, and less than twelve - - - For any number exceeding twelve - - - - Note. — The endorsing petitions and preparing the same for deposit are included in the above fees except •when the same are prepared by the solicitor, when from 3s. -id. to 68. 8d. is allowed for endors- ing a petition or set of peti- tions, and transmitting the same to the Parliamentary agent for the purpose of de- posit (except when included in the sessional fee). On taxing officer, for the pur- pose of taxation of a bill of Note, — No charge is allowed for copies of a bill of costs for Parliamentary Agent. d. Attorney or Solicitor. .9. d. 10 6 13 4 1 1 1 1 1 11 G 1 11 6 O o 2 2 from )3 4 to 2 LIST OF CHARGES. 305 taxation except when neces- sarily made for the purpose of depositing the same in the Taxing Office. On a witness settling his proof (if necessary) Note. — If attendance requisite on many witnesses on the same occasion, a charge to be made according to time occupied. The attendance on a witness for the purpose of settling an affidavit is included in the charge for drawing affidavit. The attendance on the wit- ness previously to drawing his proof is included in the charge for instructions for proof. With a witness to be sworn At Post Office registering and posting applications and tak- ing receipt - - - - Note.— The applications to owners, lessees, and occupiers should be made by post, if practicable and more economical. Where personal service is re- quired, a clerk's time and ex- penses for the purpose of such service may be charged, except where such service can be more economically made through local agents. Preparing and despatching tele- graphic message - - - At Private Bill Office to take out appearances - - - Note. — Only one charge to be made for taking out appear- ances on any number of peti- tions from the said clients on the same day. Parliamentary .A dent. Attorney or Solicitor. £ s. d. 0b 6 8 6 8 10 6 6 8 13 4 5 7 6 5 306 PRIVATE BILL PROCEDURE. On printer with instructions Note. — When attendance to order proofs is charged, no charge is allowed for subsequent attend- ance to obtain proofs. No attendance to Le charged for ordering further additional copies. Provisional Orders : Attendances at any Government Department for the purpose of giving proofs - - - - Other attendances at a Govern- ment Department - - - If a Provisional Order is opposed in Parliament, the same charges mnv be made for attendances in committee and other pro- ceedings consequent on such opposition as in the case of opposed private bills. Attendances of a Clerk : Before a committee or the Ex aminer to give evidence - If in favour of or against an op- posed bill, or in support of or against allegations of a memo- rial To order and obtain copies of a petition or petitions in favour of or against a bill or other documents - JZote. — Only one attendance is allowed to be charged for ordering and obtaining any number of petitions against the same bill at the same time. Attendance on members of Stand- ing Orders Committee (12 in number), to deposit statement - ( ) her attendances of a clerk Parliamentary Agent. £ .v. d. 6 8 10 G 1 1 7 6 1 1 o 7 (> Attorney or Solicitor. £ *. d. 6 8 10 6 1 1 ()6 8 1 1 o o 6 s LIST OF CHARGES. 307 II.— SESSIONAL OR SOLICITATION" FEE For Soliciting the Bill for the Promoters by the Parliamentary Agent. £ s. d. When the bill has received the Royal Assent - - 26 5 [In case the bill should not receive the Royal Assent, a sessional fee of two guineas and upwards may be charged, according to the class of bill and the progress made through its several stages.] The sessional fee will include all attendances not otherwise specially mentioned in this list, at the following offices of the House of Commons ; viz. : — At the House for the purpose of watching proceedings, and Royal Assent. Chairman of the Committee of Ways and Means : To deposit bills, clauses and amendments, and afterwards to obtain the same ; and all other formal attendances. Committee of Selection or General Committee on Railway and Canal Bills : To deposit bills, and on other occasions when not specially required to attend. Mr. Speaker's Counsel : To deposit prints of bills, and afterwards to obtain the same ; and all other formal attendances. Mr. Speaker's Secretary : All formal attendances to leave amended bills and clauses, and to obtain the same agreed to. The Examiner : To deposit bills, and apply for appointments ; and all formal attendances. Private Bill Office : To give notices. To examine register with reference to deposit of petitions or memorials against bill, and for other purposes, and other books. To deposit prints of bills, amended bills, and copies of proposed amendments. 308 PRIVATE BILL PROCEDURE. Fee Office : To pay fees, and all other attendances in reference thereto, and with copies of bills -when required. Journal Office : To order and obtain copies of reports, petitions, and other papers ; except in the case of opposed bills, when 7s. Qd . may be charged for attending to bespeak and afterwards to obtain the same. Committee Clerks' Office : To deposit bills, and all ordinary attendances with reference to the progress of the bill. Doorkeepers : To deliver prints of bills, &c. Offices for the sale of Parliamentary papers : To obtain printed reports and other papers required for use in the progress of the bill. The sessional fee will also cover all ordinary communications of the agent with the solicitor, with reference to the progress of the bill through it3 various stages, when no professional advice or instruction is sriven. Provisional Orders : £ s. d. Sessional fee for soliciting the order and confirmation bill for the promoters by the Parliamentary agent, when the bill has received the Royal Assent - - 15 15 The sessional fee will include all attendances at the House, or the offices thereof, or at any Government department as to the stages of the provisional order or confirmation bill, or for examining the register with reference to petitions or memorials against the bill; the obtaining, perusing, and examining the bill to ascertain that the provisional order has been correctly inserted therein, and attendances at any Government department with reference to the correct insertion of the provisional order ; watching, and, if necessary, assisting at the various stages of the bill in the House, or before the examiner ; all letters to the solicitor or client with reference to the progress of the provisional order or confirmation bill. LIST OF CHARGES. 309 If the same agent is concerned for more than one provisional order relating to the same locality, and included in the same confirmation bill, an additional sessional fee of 51. 5s. may be charged for every such provisional order exceeding one. II.— SESSIONAL OR SOLICITATION FEE For Soliciting the Bill for the Promoters by the Solicitor, when a Parliamentary Agent is also employed. £ s. d. "When the bill has received the Royal Assent - - 10 10 [In case the bill should not receive the Royal Assent, a sessional fee of two guineas and upwards may be charged according to the class of bill, and the progress made through its several stages.] The sessional fee of the solicitor will include all charges for his ordinary communications with the Parliamentary agent, with reference to the progress of the bill through its various stages, when no professional advice or instruction is given ; delivering documents to Parliamentary agent for deposit ; attendances at the offices of the House to ascertain the position of the bill ; attendances at the office for sale of Parliamentary papers ; attendances at the House to watch proceedings ; and at the Royal Assent. When no other Parliamentary agent is employed, the solicitor acting in that capacity will be entitled to the sessional fee of Parliamentary agent, in lieu of that of Solicitor. The solicitor is not entitled to charge any sessional fee in the case of a provisional order. In cases of opposition to bills no sessional fee is allowed. 310 PRIVATE BILL PROCEDURE. 111.— TIME CHARGES. Attorney or Solicitor. For attendance-, Ac- Ordinary It' upwards of an hour Or per hour - It' required to leave London — Time per day - Hotel expenses and fares actually paid. A solicitor from the country absent from home in London, or elsewhere, is allowed — Time per day - Hotel expenses and hues actually paid. Note. — The day charge includes all charges for work done dur- ing the day. Clerks : per day Hotel expenses, and fares actu- ally paid. Note. — In taking the reference, ■ 31 rving applications on owners, &c, and making de- posite with parish clerks, a charge of 1/. lis. (>d. per day is allowed for each cleri so employed. LIST OF CHARGES. 311 IV.— DRAWING DOCUMENTS. Special instructions (if required), and letters therewith : Notice : As to contents and publication Plans : As to form and deposit of - Notice to owners, lessees, and occupiers : As to form and service thereof - List of owners, &c. : As to form of ----- - Note. — Any other instructions as to the above docu- ments or other requirements of the Standing Orders to be charged as a letter. Notice in Gazette or newspaper : Instructions - - If less than 11 folios - - If more than 11 folios, per folio Book of reference : Per folio - - - Index to book of reference and register there- with, containing the answers received to ap- plications (including any necessary copies), per folio ------- Lists of owners, lessees, and occupiers : Per folio ------- Note. — The above charges include the entering the replies received from time to time for the purpose of such drawing. Applications to owners, lessees, and occupiers of lands and houses : Drawing, and fair copy for service, each appli- cation (including the letter of assent, dissent, or neutrality, left or forwarded therewith) - Each notice of abandonment and other notice, not being in the form set forth in Appendix (A) to the Standing Orders - £ s. d. 1 1 1 1 10 6 10 6 13 4 1 1 2 2 1 4 2 312 PRIVATE BILL PROCEDURE. List of applications to be posted or to be served by a witness, and copy for signature, in- cluding the obtaining the signature of the witness thereto : Each list - - - - or, per folio - - - Note. —No second charge allowed for drawing the above Lists of applications for the purpose of handing in to the Examiner, or other purpose, but only the charge for copying. Estimates of expenses, and requisite copies - Declaration in lien or in aid of deposit of money, and requisite copies - Declaration and estimate, and requisite copies Declaration under Standing Order 41, and requi- site Copies ------ Subscription contract : Instructions - - - - - Per folio - - - Petition for bill : If less than 1 1 folios - If more than 11 folios, per folio Agent's declaration, and copies for deposit : 1st. class bill - 2nd class bill - Bill: Instructions - ... Drawing bill, per folio - Additional clauses, per folio - Statements of proofs on Standing Orders :J Proofs previously to the introduction of the bill : Parliamentary Agent : Drawing or perusing same, and fair copy, and forwarding same to solicitor, together with letter accompanying the same^ and instructions : 1st class bill - - Ditto, where lands and houses are taken 2nd class bill- - Solicitor : Drawing or perusing and filling up the same, and arranging lists referred to therein, and £ .v. d. 3 I 1 4 10 () 1 1 I 11 6 1 1 13 4 1 4 1 1 2 1 1 (J 2 2 2 2 2 2 1 1 1 11 6 2 2 LIST OF CHAKUES. 31 i forwarding the same, with letter accom- panying, to the Parliamentary agent : 1st class bill - - - - - Ditto, where lands and houses are taken - 2nd class bill 1 1 2 2 3 3 Parliamentary Agent : Perusing anil finally arranging the same for proof before the Examiner : 1st class bill - . . . 2nd class bill - - If the solicitor is also acting as Parliamentary agent, he may charge for statement of proofs, including final arrangement of the same : 1st class - Ditto, when lands and houses are taken - 2nd class - Proofs subsequent to introduction of bill : Solicitor - Parliamentary agent Or, if the solicitor is also acting as I mentary agent - - - No other or further charge is allowed to Par- liamentary agent or solicitor with reference to the preparation of the statement of proofs. Memorials complaining of non-compliance with Standing Orders : Instructions - - If less than 1 1 folios - - - - - If more than 1 1 folios, per folio - Statements for Standing Orders Committee (ac- cording to length and other circumstances) or, per brief sheet of 10 folios Petition against bill, and praying to be heard before the Committee : Instructions ------ 10 6 1 1 314 PRIVATE BILL PROCEDURE. If less than 1 1 folios - If more than 11 folios, per folio - Petitions for additional provision, or for dispensing with Standing Orders : If less than 11 folios - - - - - If more than 1 1 folios, per folio - Other petitions with reference to bill : If less than 1 1 folios - - - - - If less than 15 folios - If more than 15 folios, per sheet - or, per folio ------ Briefs : Instructions for brief (according to circum- stances). Drawing same, per brief sheet of 10 folios Retainers to counsel : Drawing and copy - - - - - Case for opinion of counsel : Instructions - ------ Drawing, per sheet ___•_- Proofs of witnesses, or notes for cross-examination : Instructions (including, in case of proofs of witnesses, any previous attendance on the witness) ------- Drawing, per sheet - Statements, reports, abstracts, or other docu- ments prepared for use in proceedings of the House, or in preparing to comply with the Standing Orders, per folio - or, per brief sheet of 10 folios - AtHdavits (including attendance on the witness) : Each affidavit, including lists attached thereto, and copy ------- or, per folio ------ Requisition for warrant for deposit of money and copy for signature - "Warrant, and attendance to get same signed Requisition for certificate of speaker - Certificate, and attendance to get same signed Requisition f< r withdrawal of petitions or me- morials ------- Motions, special, for members: Drawing, and fair copy for member Note. — Charges for drawing, and copies of nil ordi- nary motions on the several stages of the liills ami other proceedings in the JInu.se, to lie in- cluded in tli«- fi i - i"i- attendance. £ s. d. 1 1 9 1 1 2 13 4 1 13 4 1 4 13 4 10 13 4 13 4 13 4 13 4 1 4 13 4 10 1 4 10 10 10 10 10 It) LIST OF CHARGES. 315 Summons for witnesses : Drawing, and copy for service - - Other documents connected with the case, and not specified above, per folio - Note.— In all cases the charge for drawing any document will include the fair copy to keep, or for counsel or agent to settle. £ s. d. 5 1 Provisional Order. The charges for drawing the provisional order notices and other documents similar to those required in the case of private bills, and copies thereof (limited according to Table A.) may be made out according to the same scale. V.— PARLIAMENTARY AGENTS' CHARGES. For Perusing and Settling Documents Drawn by a Solicitor (when required). Notices for Gazette and newspapers : If less than 1 1 folios - - - If more than 1 1 folios (according to length and other circumstances) - Petition for bill : If less than 1 1 folios If more than 1 1 folios - (Or if the same shall exceed 50 folios, 1*. per folio upon the whole petition.) Petitions for additional provision, or for dispens- ing with the Standing Orders : Petitions against bill, and praying to be heard before the committee, or memorial complain- ing of non-compliance with the Standing Orders : The same charges as for a petition for a bill. Other petitions, against or in favour of bills, each petition ------- Statements for Standing Orders Committee, re- ports, and other documents (if required), when the same have been drawn by the solicitor (according to circumstances) - or, per brief sheet of 10 folios - £ s. d. 316 PRIVATE BILL PROCEDURE. 1 sing and fettling bills and preparing the same in Parliamentary form, and for press : Fur airy bill qo1 exceeding (50 folios, according to the length of the bill, and the nature and extent of re\ ision. For any bill exceeding 00 folios and less than 150, according to the length of the bill, and the nature and extent of revision - For anv bill exceeding 150 folios, according to the length of the bill, and the nature and extent of revision ; but if above 10/. 10*., not exceeding (except under special circum- stances) one-half the charge for drawing any such Bill - - - Perusing and settling clauses and amendments (according to length and other circumstances, but not exceeding Is. per folio). y ie. — The charges for perusing and settling in- clude a copy as perused and settled for own use, if required, and no copy is to be charged for the purpose of returning the same as settled. No charge is allowed for perusal and settling by the party -who charges for the drawing, but he may charge for a perusal (if necessary) of the docu- ment as settled, according to circumstances, but not in any case exceeding half the charge allowed for perusal and settling of the Draft. VI.— PERUSALS. Perusals, generally, should he charged by the time occupied, but if per folio, not exceeding - Obtaining and perusing report of Board of Trade 01 hill - - - - ".".." Perusing a petition or memorial against hill : If under 20 folios - If above, per folio - - - _. - 1 5 5 and upwards 4 10 6 8 4 VI I. _ COPIES OF DOCUMENTS. I I of reference, li.-is of owners, lessees, and occupiers, ami other similar documents re- quire! by the Standing Orders to be de- posited : F(ir the copies so deposited, when deposited in manuscript, per folio (of 72 wordsor figures) - LIST OF CHARGES. 317 For such copies of other documents as are included in Table (A) annexed, per folio For ingrossing petitions, memorials, and other Parliamentary documents : Per folio - - - For copies of documents not included in Table (A) : Per folio ------ Note. — For the number of copies allowed to be charged at 9d, and 6d. per folio, vide Table (A). In cases where minutes of evidence are printed, copies of the same are not allowed to be charged, but only the cost of printing and the necessary attendances on the printer. £ s. d. 6 9 4 13 4 1 1) 6 8 6 VIII.— EXAMINING PRINTED DOCUMENTS. Prints of bills : Proofs -------- or, per page of print - Revises - - - - - or, per page of print - Ordering proofs of estimate or declaration, examining same and all revises, and returning same to printer, with instructions to print Notices in Gazette and Newspapei: : Each newspaper : Forwarding notice to printer, with instructions - Examining proof, 3.v. 4<7. to - Returning proof, and ordering insertion for three weeks, or otherwise - - - Examining notice on each insertion If a revise is necessai v, an addition for order- ing revise and examining same, of each revise ------- No other or further charge is allowed with reference to printing the notice. 13 4 6 8 10 6 8 3 4 10 IX.— MAKING UP COPIES OF BILLS AND FILLING UP AMENDMENTS. Blanking bill, drawing airangement of sections, I and tinally settling bill for printer - - - 110 Making up bill in Parliamentary form for House, and deposit of the same - - 110 £ s. d 6 8 3 4 318 PRIVATE BILL PROCEDURE. Filling up bills with amendments: For the first copy - 1 unless the amendments J Fur each other copy J be very numerous -\ If new clauses or amendments be added, ex- I ceeding six folios, copies of the same may ■ be charged at lid. per folio. Marking on print of bill the amendments made therein for Examiner - - - - - 6 8 Note. — A manuscript copy of the amendments is not allowed to be charged. Altering bill as an act, and attending printer with instructions to strike off copies - - 10 6 X.— MAKING UP DOCUMENTS. Examining and making up plans and books of reference for the purpose of deposit, each set - I 10 6 Ditto, lists of owners, &c, and other documents deposited therewith ----- 10 (5 The examining and making up the deposits for the parish clerks to be charged according to the time occupied. XI.— LETTERS. Letters containing professional advice or in- structions ------- If exceeding six folios in length - Other letters ------- Note. — The ordinary correspondence between Parlia- mentary agents and solicitors is not to be charged to their clients, but such letters only as contain professional advice and instructions. Circulars - - - 1 5 10 3 6 In cases for which no specific charge is stated in the foregoing table, the charge is to be made out according to the time occupied. Parliamentary agents are required to make the same charges in respect of Scotch business as of English or Irish. LIST OF CHARGES. 319 TABLE (A). Copies allowed to be charged besides the copy the charge for which is included in that for drawing. Number of Copies. PROMOTERS. Notices : For each gazette and newspaper Book of reference : For each deposit of entire book of reference (when deposited in manuscript) Amongst parish clerks - - - For marking section for applications - Lists of owners, lessees, and occupiers ; for deposit in Parliament - - - Applications served by a witness ; for use before Examiner - - - - Petition for bill ; ingrossed copy for deposit - Bill ; for press ------ Statements of proofs ; for use before Ex- aminer : For agent - - For solicitor - - - - For Examiner - - - - Memorials : For agent ------ For solicitor ------ For engineer (if necessary) - Statement for Standing Orders Committee : For committee and use - - - - Petition against bill : For agent ------ For solicitor ------ Briefs : For each counsel (not exceeding three) Proofs of witnesses : For each counsel (not exceeding three) For witness (if required) - - - - Notes for cross-examination : For each counsel (not exceeding three) 320 PRIVATE BILL PROCEDURE. Number of Copies. At 9d. At (kl. per folio, per folio. OPPONENTS. Memorial : I agrossed copy for deposit For agent - For solicitor - Fur Examiner - Statement for Standing Orders Committee For committee and use - Petition against : Ingrossed copy for deposit For agent - For solicitor - - - - - Brief : For each counsel (not exceeding three) Proofs of witnesses : For each counsel (not exceeding three) For witness (if required) - Notes for cross-examination : For each counsel (not exceeding three) The copies above enumerated are those ordinarily allowed to be charged. Any further copies of the documents named in the fore- going table, or any copies of documents not named therein, which may be necessary for the case, are to be charged at the rate of Ad., or if the document is in print at the rate of 2d., per folio. House of Commons, 7 August 1888. ARTHUR W. PEEL, Speaker. A similar list of charges to be made in the House of Lords his been prepared l>v the Clerk of the Parliaments for that House. It can be procured from Messrs. Eyre & Spottiswoode, price '2\d. RULES. 321 RULES AS TO PETITIONS AGAINST PRIVATE BILLS, HOUSE OF COMMONS. 1. Every petition must be written and not printed or litho- graphed. 2. Every petition must contain a prayer. 3. Every petition must he signed by at least one person, or sealed on the skin or sheet on which the prayer is written. 4. No erasures or interlineations may be made in any petition. Every petition to be addressed "To the Honourable The Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled." RULES TO BE OBSERVED AS TO PROOF OF COM- PLIANCE WITH THE STANDING ORDERS PRE- VIOUS TO THE INTRODUCTION OF PRIVATE BILLS. The sittings of the Examiners for Standing Orders will com- mence on the ISth January. The promoters of each bill will be required to prove compliance with the Standing Orders of both Houses of Parliament at the time appointed by the Examiners, which can be ascer- tained at the Private Bill Office of the House of Commons. The printed statements of proofs can be obtained at the Queen's printers. Where lists are annexed to affidavits, the name of the agent is to be entered in the statement of proofs as delivering in such lists followed by the names of the witnesses proving the service of notices or deposit of documents as the case may be. Memorials complaining of non-compliance with the Standing Orders (of either House) applicable previously to the introduction •-S22 PRIVATE RILL PROCEDURE. of private bills must be deposited in the Private Bill Office, House of Commons, as follows : — If the same relate to bills numbered in the general list pub- lished by the Private Bill Office of the House of Commons — From 1 to 100 ~) They must be depo- /Jan. 9. „ 101 to 200 > sited before Two J „ 16. „ 201 and upwards J o'clock on - - [ „ 23. REGULATIONS AS TO DEPOSIT OF PETITIONS IN" THE PRIVATE BILL OFFICE. 1. In order to facilitate the arrangement of the Petitions, and the subsequent hearing thereof by the Examiners, in such order as may be most convenient to the parties and their agents, a register will be kept in the Private Bill Office, with blank lines numbered consecutively from one to five hundred; and every agent will be allowed to cause the petitions produced by him to be entered, re- spectively on such of the lines, not then having any petition entered thereon, as he shall think fit ; and if he shall not prescribe any onler for the entry of such petitions, they will be entered in the order in which they are deposited, upon the earliest consecutive line:- then remaining unoccupied. 2. When two or more agents shall appear in the Private Bill Office at the same time for the purpose of depositing petitions, unless thev shall otherwise agree, their names will be placed in a ballot glass, and the agents will have priority respectively in the order in which their names shall be drawn : each in his turn being entitled to deposit all the petitions offered by him at that time, and to select such numbers for them as he shall think proper. :;. On the 22nd day of December, between the hours of twelve and three, agents a\ ill be allowed to exchange, by agreement, the oumbers originally assigned to their petitions. They will at the same time be at Liberty to transfer to other numbers in the register, being then unoccupied, any of the petitions which may have bi-en deposited by them ; and iheir priority in the exercise of this right will be determined by ballot, if accessary, as in the original deposit of petitions. REGULATIONS. 323 4. Whenever two or more petitions, in respect of which the same witnesses are intended to be examined, shall occupy adjoining numbers in the register, the agent or agents for the same may cause any of them, not exceeding five in number, to be marked with a bracket ; and regard will be had thereto in determining the days on which such petitions shall be set down 'for hearing, and the Examiner by whom they will be heard. 5. On or after the 22nd December the " General List of Peti- tions" will be made out in the Private Bill Office, in which the petitions will be numbered consecutively from one to the highest number according to the order in which they shall have been finally entered in the register. NOTICE AS TO HEARING OF PETITIONS BY THE EXAMINERS. 1. Not less than seven clear days' notice will be given in the Private Bill Office of the day appointed for the examination of each petition ; and the day so appointed will be written against the several petitions upon a printed copy of the " General List of Petitions," which will be kept in the Private Bill Office for that purpose. 2. So soon as the time allowed for depositing memorials com- plaining of non-compliance with the Standing Orders in the case of any petitions shall have expired, the word " unopposed " will be written in such printed list against each petition in respect of which no such memorial shall have been deposited ; and the peti- tions will be set down for hearing before the Examiners in the order in which they stand in the " General List of Petitions," precedence being given, whenever it may be necessary, to un- opposed petitions. 3. Petitions will be heard in the order in which they stand in the daily lists, and in case any petitions shall not be disposed of on the days on which they may be first appointed to be heard, they will be entered in the list of the following day before the opposed petitions appointed for that day ; unless the Examiners shall otherwise adjourn or postpone the same. 4. In order to expedite the business of each day, petitions ap- pointed to be heard by one of the Examiners will be transferred to the other from time to time, whenever it may seem advisable to the Examiners to direct such transfer. 324 PRIVATE BILL PROCEDURE. SELECT COMMITTEE ON STANDING ORDERS. RESOLUTIONS. 1. That reports of the Examiners of petitions shall be held by the Select Committee on Standing Orders to be conclusive on the question of any non-compliance with the Standing Orders reported therein. 2. That special reports of the Examiners, setting forth a state- ment of facts, without deciding whether the Standing Order or Orders applying thereto have or have not been complied with, shall be held by the committee to be conclusive as to the facts so set forth. 3. That in the case of special reports, the party contending that the Stan ling Orders have been complied with, shall set forth his argument in a written or printed statement, and shall strictly confine himself thereto, without entering on the question of dis- pensation with the Standing Orders, and the opposing party or parties shall do the same, under the like limitation. 4. That when, on the consideration of a special report, the committee shall have decided that the Standing Orders have not been complied with, the further consideration of the case, with a view to the question of the dispensation with Standing Orders, shall be postponed to the next meeting of the committee, in order to give time for the preparation of statements relating to that question. 5. That in the ease of petitions for additional provision, where the Examiner reports that the Standing Orders have not been complied with, the party praying for dispensation of the Standing Orders shall set forth in a written or printed statement the grounds on which he rests his prayer. 6. That at the meeting of the committee both parties shall deliver in their statements. 7. Parliamentary agents are required, in all cases where state- ments aic to be delivered in to the committee, to leave copies of the same, and of the proposed new clauses in the case of petitions for additional provision, with each member of the committee, at his residence, not later than three o'clock, and at the Committee Office RESOLUTIONS. 325 not later than one o'clock in the afternoon of the day preceding that fixed for the meeting of the committee. 8. That if the committee desire to hear argument in addition to such statements, and shall call on the parties to argue any point before them, only one speech be allowed on each side, although there may be on one side several parties interested. 9. That in all cases in which, either from ordinary reports of the Examiners or from the decision of the Committee upon Special Reports, the question arises whether the Standing Orders ought or ought not to be dispensed with, the party praying for such dispen- sation shall set forth, in a written or printed statement, the grounds on which he rests his prayer ; and the opposing party shall also set forth, in a written or printed statement, the grounds on which he rests his opposition, both parties confining themselves strictly to the poiuts reported on by the Examiners of petitions, or deter- mined by the committee on their consideration of any special report of such Examiners. 10. That when the committee think fit, they shall hear the parties in explanation of their statements, but that no party shall be allowed to travel into any matter that is not referred to in his statement. 11. That when any petition praying that any of the Sessional or Standing Orders of the House relating to private bills may be dispensed with, or any petition opposing the same, shall have been referred to the committee, no statement in addition to the case set forth in any such petition shall be received, and Parliamentary agents are required to leave copies of the petitions with each member of the committee not later than three o'clock, and at the Committee Office not later than one o'clock, in the afternoon of the day before the day on which the committee is appointed to meet. 12. In all cases where an agent applies for the postponement of the consideration of a report referred to the committee, such agent shall attend and state the grounds on which he rests his application. 13. That the decision of the committee with respect to any petition or bill be communicated by the clerk of the committee to the chairman of the committee on the bill affected by such decision, on or before the commencement of the case. 326 PRIVATE HILL PROCEDURE. PRIVATE BILLS. RULES FOE THE PRACTICE AND PROCEDURE OF THE REFEREES ON PRIVATE BILLS (IN PURSUANCE OF STANDING ORDER 88). Lochs Standi. 1. The promoters of any private bill, who intend to object to the right of petitioners to be heard against the same, shall give notice of such intention, and of the grounds of their objection, to the clerks to the referees and to the agents for the petitioners, not later than the eighth day after the clay on which the petition has been deposited in the Private, Bill Office ; but it shall be competent to the referees to allow such notices to be given, under special circumstances, although the time above limited may have expired. All notices shall be indorsed with the names of the petitioners' agents. 2. Copies of all petitions against private bills, to which notices of objection have been given, shall be deposited at the Referees' Office one clear day before the hearing of the case by the Court. 3. Parties who have given such notice as above, may at any time withdraw the same by giving notice in writing of withdrawal to the clerks to the referees, and to the agents for the petitioners. 4. The cases shall be heard in such order as the Chairman of Ways and Means shall appoint, and according to a list prepared under his direction, and kept in the Referees' Office. 5. When a bill is called on for consideration, the agents for the petitioners against the same shall be required to produce a cer- tificate of appearance from the Private Bill Office, in which shall lie stated the names of the petitioners, their counsel and agents. G. Not less than one clear day's notice shall be given by the clerks to the referees to the clerks in the Private Bill Office, of the days on which the objections to the right of petitioners to be heard will he severally taken into consideration by the referees. RULES FOR REFEREES. 827 7. All notices required to be given, or deposits to be made in the Referees' Office, shall be delivered in the said office before five of the clock in the evening of any day on which the House shall sit, and before one of the clock on any day on which the House shall not sit. 8. Notices and grounds of objections will be deemed to have been sufficiently served upon agents, if left at the Agent's Office before six of the clock in the evening of any day, Sundays excepted. Committees. 9. Two clear days at least before the day appointed for the consideration of any private bill by a committee of which a referee has been appointed a member, a filled-up copy of the bill, as pro- posed to be submitted to the committee, shall be deposited by the agent at the Referees' Office, for the use of such referee. 10. Two clear days before the day appointed for the con- sideration of the bill, copies of _ all petitions upon which opponents intend to appear beforo such committee shall be deposited at the Referees' Office. (Signed) JAMES W. LOWTHER, Chairman of "Ways and Means. House of Commons, February 1896. Y 2 328 PRIVATE BILL PROCEDURE. PARLIAMENTARY AGENTS. Rules to be observed by the Officers of the House, and by all parliamentary agents and solicitors engaged in prosecuting proceedings in the house of Commons upon any Petition or Bill. D. duration and 1 . No person shall be allowed to act as a Parliamentary agent recognizance until he shall have subscribed a declaration before one of the clerks in the Private Bill Office, engagiug to observe and obey the rules, regulations, orders, and practices of the House of Commons, and also to pay and discharge from time to time, when the same shall be demanded, all fees and charges due and payable upon any petition or bill upon which such agent may appear; and after having subscribed such declaration, and entered into a recog- nizance or bond (if hereafter required), in the penal sum of 5001., with two sureties of 250/. each, to observe the said declaration, such person, if in other respects qualified to act as hereinafter provided, shall be registered in a book to be kept in the Private Bill Office, and shall then be entitled to act as a Parliamentary agent : provided that upon the said declaration, recognizance or bond and registry, no fee shall be payable. Form. 2. The declaration before mentioned, and the recognizance and bond, if hereafter required, shall be in such form as the Speaker may, from time to time, direct. 3. One member of a firm of Parliamentary agents may subscribe the required declaration, or enter into the required recognizance or bond, on behalf of his firm ; but the names of all the partners of such firm shall be registered with such declaration ; and notice shall be given, from time to time, to the clerks of the Private Hill Office, of any addition thereto, or change therein. 4. No person shall be allowed to be registered as a Par- liamentary agent unless he is actually employed in promoting or opposing some private bill or petition pending in Parliament. 5. When any person (not being an attorney, or solicitor, or writer to tin- signet) applies to qualify himself, for the first time, to act a- a Parliamentary agent, such application shall be made in writing, and he shall produce to one of the clerks of the Private Bill Office a certificate of his respectability from a member of RULES FOR AGENTS. 329 Parliament, or a justice of the peace, or a barrister-at-law, or an attorney, or solicitor. 6. No person's name, other than that of an attorney, or solicitor, or writer to the signet, shall be printed on any private bill, as Parliamentary agent to such bill, unless and until his name has been duly inscribed upon the register of Parliamentary agents. 7. No notice shall be received in the Private Bill Office for Appearance to any proceeding upon a petition, or bill, until an appearance to act u ^ o ^ ^ s as the Parliamentary agent upon the same shall have been entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor (if any) for such petition or bill. 8. Before any person desiring to appear by a Parliamentary Appearance to agent shall be allowed to appear, or be heard, upon any petition ^1^ ° n against a bill, an appearance to act as the Parliamentary agent against bills, upon the same shall be entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor and of the counsel who appear in support of any such petition (if any counsel or solicitor are then engaged), and a certificate of such appearance shall be delivered to the Parliamentary Agent, to be produced to the committee clerk. 9. In case the Parliamentary agent for any petition or bill A fresh appear- shall be displaced by The solicitor thereof, or such Parliamentary lYvwtemen-* agent shall decline to act, the responsibility of such agent shall tary agent, cease upon a notice being given in the Private Bill Office and a fresh appearance shall be entered upon such petition or bill. 10. Every Parliamentary agent and solicitor conducting pro- Agents per- ceedings in Parliament before the House of Commons shall be s ?° aU y res P on " personally responsible to the House, and to the Speaker, for the observance of the rules, orders, and practice of Parliament, as well as of any rules which may from to time be prescribed by the Speaker, and also for the payment of the fees and charges due and payable under the Standing Orders. 11. Any Parliamentary agent who shall wilfully act in Speaker may, violation of the rules and practices of Parliament, or of any rules to ^j^ °° d ™*' be prescribed by the Speaker, or who shall wilfully misconduct from practising, himself in prosecuting any proceedings before Parliament, shall be liable to an absolute or temporary prohibition to practise as a Parliamentary agent, at the pleasure of the Speaker: provided that upon the application of such Parliamentary agent the Speaker shall state, in writing, the grounds for such prohibition. 330 PRIVATE BILL PROCEDURE. 12. No person who has been suspended, or prohibited from practising as a Parliamentary agent, or struck off the roll of attorneys or solicitors, or disbarred by any of the Inns of Court, shall be allowed to be registered as a Parliamentary agent without the express authority of the Speaker. 13. No written or printed statement relating to any private bill shall be circulated within the precincts of the House of Commons without the name of a Parliamentary agent attached to it, who "will be held responsible for its accuracy. 14. The sanction of the Chairman of "Ways and Means, is writing, is required to every notice of a motion prepared by a Parliamentary Agent, for dispensing with any sessional or Standing Order of the House. Form of Declaratk >n . We the undersigned do hereby declare, that we respectively intend during the present session of Parliament to practise as Parliamentary agents in the prosecuting, promoting, and opposing private bills in the House of Commons, and we severally and respectively do hereby engage to observe, submit to, perform, and abide by all and every the orders, rules, regulations, and practice of the said House, now in force or hereafter from time to time to be made in relation thereto, and also to pay and discharge from time to time when the same shall be demanded, all fees, charges, and sums of money due and payable in respect of any petition, bill, or other proceeding or matter, in or upon which we shall severally and respectively appear as such agents as aforesaid. Date. Name. Residence and House of Business. Witness. 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N ■ s - S.i :' c a c— C o •' _L o /, a. c-jbc.i-: s. .= — — pq s-n'o g ■" o+* s-g a . +2 fi ..^ *t-< C S B -P -3 OS"* 3 5.1s cS - a. i — y^.i— = =_ ~ G :3 o .-- . - T -f - £ »~ 6i_-c = . - ~ • * OS £ -■— c = c— - -r ~ 52 -3 =~ — .^ " 4. ~ - l. - — 5: - . = -"?-— •:- 1 = - " ■- »i ^"t*3 >>*" bi w '-»- ^ 9-- 5. c S> »— E- fa ""^l E ^ — 5 Es fi -— ^=— y. r:S — wC ~») S S x s C • - 6 o c -= — H - 01 — ~ ■d o a p. c o - 3 ««"E — S £ *- s> m-rt ■-.= "*■ — i, — ; i. k c > ; — c « °*.S cr^- = - — — — ^— r-'-if Brt-fi ASS s - b £ I C &~ S -S-^'rii.-p^ — ^S2S 5-~ -• i. - . - -£ - g cj r . ~ g-o ci^ir- £ "- -2 -t-*- 2(i a c cc ^ ^ p > O 6C S B k '- - S - > B /—r £ CN a CD - ^ ^ - % i - ■c 1 5 o | | C g ~ — 2 1 » g - T S c 3 5 A 5 a - p. C ^ ^ P, tfi Sp -j pEj 2fc«gg - "S3 or — is -inittapsi 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. Byre & Spottiswoode, Her Majesty's Printers, Downs Park Road, Hackney, N.K. A LIST OF ACTS OF PARLIAMENT, Books of H e F £ Hence, Standing Orders, Model Bills, Standing Order Proofs, &c, &c, Published by EYRE & SPOTTISWOODE, Government, Xegal, ano General publishers, EITHER AT EAST HARDING STREET, E.C., OR 32, ABINGDON STREET, 5.W. NOTICE. MESSRS. EYRE &> SPOTTISWOODE are, by appoint- ment, Sole Agents in England and Wales for the Sale of Acts of Parliament, Parliamentary Papers, and Government Publications ; the latter class includes Calendars of State Papers, Chronicles and Memorials, Publications of Record Commis- sioners, Reports of the "Challenger" Expedition, Educational Papers, Geological Memoirs,. Science and Art Publications, Slate Trials, Naval and Military Pools, Gf*c. LISTS OF ANY OF ABOVE SERIES SENT ON APPLICATION. EYRE &° SPOTTISWOODE. SELECTION OF ACTS OF PARLIAMENT. Companies Clauses — 8 & 9 Vict. c. 16 ... „ „ 26 & 27 Vict. c. 118 „ „ 32 & 33 Vict. c. 48 (Voting by Proxy) „ „ 51 & 52 Vict. c. 48... „ „ 52 & 53 Vict. c. 37... Electric Lighting — 45 & 46 Vict. c. 56 „ „ 51 & 52 Vict. c. 12 „ „ (Scotland) — 53 & 54 Vict. c. 13 Gas and Water Facilities, 1870—33 & 34 Vict. c. 70 1873—36 & 37 Vict. c. 89 Gas, Sales and Measures of— 22 & 23 Vict. c. 66 23 & 24 Vict. c. 146 Gas Works Clauses — 10 Vict. c. 15 „ 34 & 35 Vict. c. 41 Harbours, Docks, and Piers Clauses — 10 & 11 Vict. c. 27 Harbours Facilities — 24 & 25 Vict. c. 45 „ ■ ■ „ 25 & 26 Vict. c. 19 „ and Passing Tolls— 24 & 25 Vict. c. 47 Housing of the Working Classes — 53 & 54 Vict. c. 70 56 & 57 Vict. c. 33 57 & 58 Vict. c. 55 (Scotland) — 53 & 54 Vict. c. 70 „ 55 & 56 Vict. c. 22 1890, Amendment (Scotland) — 59 & 60 Vict. c. 31 Lands Clauses Consolidation— 8 & 9 Vict. c. 18... 23 & 24 Vict. c. 106 32 & 33 Vict. c. 18 46 & 47 Vict. c. 15 (Scotland)— 8 & 9 Vict. c. 19 (Taxation of Costs) — 58 & 59 Vict. c. 11 d. 4 5 2 1 1 9i 1 1 5 3z 6h 2 6h 1 o o o o o o o o o o o o o 8 O III o 3J o 5 10 1 oi I I oi 1 1 7 LONDON— EAST HARDING STREET, E.C. EYRE & SPOTTISWOODK. SELECTION OF ACTS OF PARLIAMENT-™"'/"*^- Railway and Canal Traffic— 17 & 18 Vict. c. 31 31 & 32 Vict. c. 119 36 & 37 Vict. c. 48 36 & 37 Vict. c. 76 (188S)— 51 & 52 Vict. c. 25 55 & 56 Vict. c. 44 57 & 58 Vict. c. 54 Railway Companies Arbitration— 22 & 23 Vict. c. 59 ... M ., Powers Act — 27 & 28 Vict. c. 120 ... „ „ Regulation— 3 & 4 Vict. c. 97 5&6Vict. c. 55 7 &8Vict. c. 85 31 &32 Vict. c. 11 9... 34 & 35 Vict. c. 78 ... 36 & 37 Vict. c. 48 36 & 37 Vict. c. 76 ... 56 & 57 Vict. c. 29 ... „ „ Securities — 29 & 30 Vict. c. 108 „ Rolling Stock Protection— 35 & 36 Vict. c. 50 Railways Glauses Consolidation— 8 Vict. c. 20 „ „ „ 26 & 27 Vict. c. 92 ... „ Construction Facilities — 27 & 28 Vict. c. 121... Tramways (E. & W.)— 33 & 34 Vict. c. 78 „ (Ireland)— 23 & 24 Vict. c. 152 „ „ 24 & 25 Vict. c. 102 n „ 34 & 35 Vict. c. 1 14 (Mechanical Power) 44&45 Vict. c. 17 46 & 47 Vict. c. 43 „ (Scotland) — 24 & 25 Vict. c. 69 Waterworks Clauses— 10 & 11 Vict. c. 17 „ „ 26 & 27 Vict. c. 93 33 & 34 Vict. c. 70 s. (i. 2 9h 6h 2 6 1 1 3* 5 3i 5 5 9* 6£ 6i 2 1 4 2 I 7 8 I I 2| Eli 2 2 2 8 3k Hi 3* 5 LONDON— EAST HARDING STREET, E.C. EYRE &» SP0TT1SW00DE. THE LIGHT RAILWAYS ACT, 1896. Annotated, with an Introduction and Note upon the Light Railway Systems of the Continent and of Ireland; together with the Board of Trade Rules; being intended for the use of Lawyers and Laymen, including Local Authorities. By Henry Allan Steward, B.A., of the Inner Temple, Barrister-at-Law. Demy 8vo., cloth, price 3J. "A useful and handy little work." — Railway News. " It should be extensively read among lawyers, laymen and local authorities." — Money. " There is much of a very valuable and readable character." — Local Government Journal. "THE "PRIVATE BILLS" REPORTS.— A Record of J- Proceedings in Parliamentary Committees during the Session 1895, including Cases of Locus Standi in the House of Lords (with Maps and Index). Compiled by Herbert Newbon, of the Inner Temple, Barrister-at-Law. £2 net. Volumes for 1896 are in preparation. THE PRESERVATION OF OPEN SPACES, and of Footpaths, and other Rights of Way. By Sir Robert Hunter. Cloth, ys. 6d. "Sir Robert Hunter's work should find a place in every village library. Parish and district councillors who are now invested with large powers for the preservation of common lands, and of rights of way, and roadside wastes, will find it most helpful. . . . His book is free from technicalities which might embarrass the ordinary reader. It is provided with a good index." — Daily News. "It is non-technical, and consequendy is easy of understanding. No one engaged in public life, whose duty it would be to conserve the rights of communities, should fail to include so useful a volume in his library." — South Wales Daily News. " A standard work on the subject. ... So valuable do we regard it that we consider that every library, parish, district, and county council in the Kingdom ought at least to possess a copy of it." — Rural World. " Parish, district, and county councillors, whom recent legislation has invested with powers and responsibilities respecting open spaces, will find the book an unfailing source of information and guidance." — Echo. HTHE PARISH COUNCILS' JOURNAL. Edited by -L Cecil H. B. Ince. Monthly, 6d. ; subscription for the year, including postage, ys. Contains General Notes on the Act, Legal Decisions, Articles on Parochial Officers and their Duties, Matters of Parochial Interest, Correspondence, &c. /^LERKS OF PARISH AND DISTRICT COUNCILS V-^ should write for list of the adoptive Acts and all Acts referred to in Local Government Act, also all necessary Forms, Financial Statements, Local Government Orders, Model Bye- laws, useful Official Reports and Papers, &c. PUBLIC GENERAL ACTS, 1897 (Cheap Edition). Published by Authority. Red cloth, 3^. This volume contains all the Public Acts passed during the Session, with Index to same ; also Tables showing the effect of the Legislation, together with com- plete and Classified Lists of the Titles of all the Local and Private Acts passed during the Session. LONDON— EAST HARDING STREET, E.C. EYRE & SPOTTISWOODE. M ODEL BILLS AND CLAUSES (as Amended, 1897), House of Lords, is. 2^/., by post, is. 5W. STANDING ORDERS OF THE HOUSE OF COMMONS. Part I. Public Business. Part II. Private Business. With Table of Fees and Index. 1897. 4s., by post, 4*. 3r/. STANDING ORDERS OF THE HOUSE OF LORDS, relative to the bringing- in and proceeding- on Private Bills and Bills for confirming- Provisional Orders or Certificates, with Instructions as to the Taxation of Costs relating' to the same, and Schedule of Fees to be charged at the House of Lords, nld., by post, is. i\d. LIST OF CHARGES FOR PARLIAMENTARY AGENTS, ATTORNEYS, SOLICITORS, and others. Prepared by the Clerk of the Parliaments in pur- suance of "The House of Lords Costs Taxation Act, 1849." i\d., by post, i\d. LIST OF CHARGES for Parliamentary Agents, Attornies, Solicitors, and others. Prepared by Mr. Speaker, in pursuance of "The House of Commons Costs Taxation Act, 1847." 2d., by post, i\d. A STATEMENT OF THE COUNTY BOROUGHS, OTHER BOROUGHS, URBAN DISTRICTS other than Boroughs and Rural Districts in England and Wales (excluding the Metropolis) on the 1st September, 1895, with Notes and Appendix, showing changes of areas, &C, to the 1st April, 1897. 2s., by post, 2S. <\d. (Useful in referencing.) LONDON— 32, ABINGDON STREET, S.IV. EYRE &= SPOTTISWOODE. STANDING ORDER PROOFS. No. i.— STATEMENT OF PROOFS BEFORE THE EXAMINER FOR STANDING ORDERS, previously to the Introduction of the Bill, in cases of Bills of the Second Class, or Bills of the First Class by which any Lands or Houses arc intended to be taken compulsorily, or by which an extension of time granted bv any former Act for that purpose is sought, is. 6d., by post 2s. %\d. No. 2.— STATEMENT OF PROOFS BEFORE THE EXAMINER FOR STANDING ORDERS, previously to the Introduction of the Bill, in Cases of First-Class Bills by which no Lands or Houses are intended to be taken compulsorily, nor by which any extension of time granted by any former Act for that purpose is sought, is., by post is. \\d. No. 3.— STATEMENT OF PROOFS BEFORE THE EXAMINER FOR STANDING ORDERS with respect to Statements relating to Houses inhabited by Labouring Classes, and Plans relating to such Statements, as required by S.O. 38 ; and, also, as to Deposit of Plans, &c, in the Office of the Clerk of the Parliaments and Private Bill Office of the House of Commons, as required by S.O. 39. yl, by post 3^/. No. 4.— STATEMENT OF PROOFS BEFORE THE EXAMINER FOR STANDING ORDERS, after the First Reading of the Bill in the First House, or subsequently to the Introduction of the Bill in the Second House (under S.O. 62 or S.O. 64). yi., by post y\d. No. 5.— STATEMENT OF PROOFS BEFORE THE EXAMINER FOR STANDING ORDERS under S.O. 63 or S.O. 65. ■ lie/., by post 2d. No. 6.— STATEMENT OF PROOFS UNDER S.O. 66 BEFORE THE EXAMINER FOR STANDING ORDERS in case of Subscription, &c, by any Company incorporated by Act of Parliament, or by any Class of Holders of Share or Loan Capital in any such Company, yi.. by post y\d. No. 7.— STATEMENT OF PROOFS BEFORE THE EXAMINER FOR STANDING ORDERS as to charging Pay- ments on Grand Jury Cess or Local Rate in aid of Railways in Ireland, y/., by post y\d. • No. 8.— STATEMENT OF PROOFS BEFORE THE EXAMINER FOR STAXDING ORDERS, Signatures of Directors, &c, Deposit of Bill as Introduced into the Second House at the Home Office, Board of Trade, Local Government Board, General Register Office, Somerset House, or Board of Agriculture. \hd., by post 2d. No. 9.— STATEMENT OF PROOFS (TO BE MADE IN THE SECOND HOUSE) BEFORE THE EXAMINER FOR STANDING ORDERS, as to Alteration in the Work since the Introduction of the Bill into Parliament, yi., by post y}d. LOXDOX—-J2, ABINGDON STREET, S.W. iarliam^uiarg printing OF EVERY DESCRIPTION UNDERTAKEN. SPECIAL ATTENTION is given to this Branch, and every care is taken to ensure prompt execution and delivery. ORDERS FOR PRINTING Private Bills, Evidence in Committee, Petitions and Books of Reference, being always urgent, receive immediate attention. LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 802 156