3 
 ii 
 
 \ 
 
 V 
 
 t 
 
 1 
 
 1^ 
 
 8 

 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 Or 
 
 b 
 
 a.
 
 I
 
 PRACTICAL REMARKS, 
 
 AND 
 
 PRECEDENTS OF PROCEEDINGS 
 
 IN 
 
 PARLIAMENT; 
 
 COMPRISING THE 
 
 STANDING ORDERS OF BOTH HOUSES, 
 
 TO THE END OF THE YEAR 1801 ; 
 RELATIVE TO THE 
 
 APPLYING FOR, AND PASSING, BILLS 
 
 FOR 
 
 Inclosing or Draining Lands ; making Turnpike Roads, Navigations, 
 AqueducSs ; building Bridges ; for the more easy recovery of Small 
 Debts ; Paving, &c. Towns ; confirming or prolonging the term of 
 Letters Patent; obtaining Divorces; and Bills called Estate Bills : 
 with an Introdudlory Chapter, containing Praclical Dircdions for 
 soliciting Private Bills in general; and with occasional references to 
 Adls of Parliament, adjudged Cases, &c. 
 
 BY CHARLES THOMAS ELLIS, 
 
 OF THE INNER TEMPLE. 
 
 LEX ET CONSUETUDO PARLIAMEKTI, AB OMNIBUS 1ST Q V -T K E K D A , 
 A MULTIS IGNORATA, A PAVCIS COGNITA. 
 
 LONDON : 
 
 PRINTED BY B. MCMILLAN, BOW-STREET, CO V F N T- C A R D E S . 
 
 BOLD BY MESSRS. BROOKE AND RIDER, BEEL-YARD, TEMPLE- 
 BAR 3 J. BUTTERWORTH, FLEET-STREET j AND 
 T. EGERTON, WHITEHALL, 
 
 1802.
 
 \ZoZ 
 
 551 (^^7
 
 18 
 
 i 
 
 a 
 
 PREFACE, 
 
 nPHE great spirit which in the present 
 age prevails for agricultural improve- 
 ments ; for ornamenting cities and towns ; 
 the growing prosperity and increasing 
 wealth and population of this country ; its 
 extended commerce and flourishing manu- 
 fadlures ; are circumstances (among others) 
 which have rendered applications to Par- 
 liament for Private Bills, so frequently ne- 
 cessary, that it is rather singular, the prac- 
 tical forms and method of proceedings to 
 be observed in order to obtain private Acts 
 of Parliament, have not been collected and 
 published for the use of the Gentlemen of 
 the l^aw ; and more particularly so, as the 
 pra6tical proceedings of almost all the 
 Courts of Law and Equity, have for a se- 
 ries of years constantly occupied thc.'atten- 
 
 33 tious
 
 VI PREFACE. 
 
 tions and engaged the pens of various Gen- 
 tlemen, whose united and successive la- 
 bours have met with an uniformly favour- 
 able reception from the Profession. What 
 has occasioned this deficiency, it is not the 
 intention or object of the Compiler to in- 
 vestigate ; but he is induced to hope that 
 his endeavours to supply it, will not be 
 considered altogether as an useless attempt. 
 
 For the better regulating, and for the 
 sake of uniformity in, the proceedings upon 
 Private Bills, each House of Parliament 
 has made certain Standing Orders, which 
 are expected to be strictly adhered to on 
 all occasions, unless a good and sufficient 
 reason can be given why the observance of 
 them should be dispensed with. The wis- 
 dom and justice of Parliament, in adopting 
 these rules, and in requiring this strict ad- 
 herence, will be readily admitted, when it 
 is considered what serious inconveniences 
 were felt by individuals, before public no- 
 tices
 
 PREFACE. Vll 
 
 tices were required to be given in thecountiy, 
 of intended applications to Parliament for 
 Bills to inclose and drain lands, and to 
 make canals, &c. At that time of day it 
 too often happened, that persons residing 
 at a distance from their estates, vrere put to 
 great expence for an inclosure, or had their 
 lands cut through by a canal, almost with- 
 out any notice at all, or at least with too 
 little to afford them an opportunity of con- 
 sidering the proposition maturely, and of 
 laying their observations upon such Bills 
 before Parliament with efFedl : But now, a 
 previous notice being required to be given, 
 persons interested, may at their leisure exa- 
 mine into the propriety of, and the advan- 
 tages to be derived from such Bills, and 
 prepare themselves to offer objections or 
 amendments, as occasions may require'. 
 
 » See the Report made on the 15th November 1775? froni 
 the Committee appointed to take into consideration the Stand- 
 ing Orders of the House of Commons relating to Private Bills, 
 35 vol. Com. Journ. 443. 
 
 a4 It
 
 VUl PREFACE. 
 
 It is the design of the Compiler to collecl 
 these Standing Orders, and to point out 
 the forms to be observed previous to the 
 introduction of, and during the pendency 
 of, certain Private Bills in either House, in 
 order to obtain a private Act of Parlia- 
 ment. 
 
 The plan adopted in the execution of 
 this design, is to divide the whole into 
 Chapters, one of which is assigned to each 
 Bill ; and every Chapter, where it is ne- 
 cessary, is subdivided into distinct heads ; 
 and the Standing Orders of either House, 
 that have been made from time to time, 
 to the close of the year 1801, arc metho- 
 dically placed in that Cliapter, under the 
 different heads to which they are immedi- 
 ately applicable ; and a colle6tion of Pre- 
 cedents in general use, are systematically 
 arranged in an Appendix. In collecting 
 and arranging his subject matter, utility 
 has been the principal aim of the Compiler, 
 
 knov/-
 
 PREFACE. IX 
 
 knowing that by attending to that ]-)()int, he 
 should best answer the purposes of Profes- 
 sional Gentlemen, for whose use the Work 
 is chiefly designed. With this view, he 
 has occasionally referred to Acls of Parlia- 
 ment, cases decided in the Courts of Law, 
 on questions that have arisen out of Private 
 Bills, and to books from which further in- 
 formation on each particular subje6l may 
 be obtained. Besides the Standing Orders 
 peculiar to particular Private Bills (to each 
 of which a particular Chapter is assigned), 
 there are General Standing Orders aftecl- 
 ina: all Private Bills, as well those that 
 have peculiar orders, as those that have not. 
 To avoid the frequent repetition of the 
 same matter, these General Standing Or- 
 ders are enumerated in an Introduclory 
 Chapter, to which the Reader is requested 
 to refer, on perusing the subsequent Chap- 
 ters. The enumeration of these General 
 Orders will be attended with practical re- 
 marks, by the help of which, the knowledge 
 
 of
 
 X PREFACE, 
 
 of the proceedings upon every Private Bill 
 will be much facilitated. 
 
 The references to the Journals might, in 
 most instances, have been considerably mul- 
 tiplied, had the Compiler thought it ne- 
 cessary : But should the cited Precedents 
 not be satisfactory, theReadcr will be pleased 
 to refer to the Indexes of the Journals of 
 the House of Commons, where numerous 
 Precedents under each particular title are 
 collected. 
 
 A Colle6lion of the Rules and Forms to 
 be observed in applying for, and passing 
 Bills of Inclosure, &c. published by the 
 present Compiler, having been favourably 
 received by the Profession, and it having 
 been intimated that a larger publication of 
 the same kind, extended to other Private 
 Bills, mi"-ht be very useful, he has therefore 
 been induced to enlarge his researches ; and 
 if it may be supposed that a second edition 
 
 of
 
 PREFACE. XI 
 
 of this Book will ever be called for, the 
 Compiler begs leave to add, that any hints 
 or communications would be thankfully re- 
 ceived, from those whose knowledge and 
 experience may enable them to corre6l the 
 inaccuracies, and supply the omissions, 
 which may be found in this ; at the same 
 time he feels persuaded, that the Profession 
 will view the Performance, such as it is, 
 with their wonted candour and liberality. 
 
 loner Temple, 31st Decemler, 180L 
 
 CON'
 
 CONTENTS. 
 
 INTRODUCTORY CHAPTER. 
 
 TACE 
 
 Of Private Bills In general, - ■ i 
 
 CHAP. I. 
 
 Of Inclosure and Drainage Bills, *i- 63 
 
 CHAP. IL 
 Of Turnpike-Road Bills, - "95 
 
 CHAP. III. 
 Of Navigation, &c. Bills, - • 102 
 
 CHAP. IV. 
 Of Bills for building Bridges, - -' 122 
 
 CHAP. V. 
 Of Bills for the more easy recovery of Small Debts, 125 
 
 CHAP. VI. 
 Of Bills for Paving Towns, • w 127 
 
 CHAP.
 
 XIT CONTENTS. 
 
 CHAP. vir. 
 
 Of Bills for confirming or prolonging the Term of 
 Letters Patent, - -, _ 120 
 
 CHAP. VIII. 
 Of Divorce Bills, -• - - - i ^2 
 
 f 
 
 CHAP. IX. 
 Of Estate Bills, - - - - 141 
 
 For Contents of Appendix, vide Ind"". to ditto. 
 
 IRRATA.
 
 ERRATA. 
 
 FOR " ante," read " supra," and for " post," read 
 " infra," passim. 
 
 In p. 176, last line but one, for " ycu," read "yoMx:* 
 
 riACTtCAL
 
 PRACTICAL REMARKS, 
 
 IxNTRODUCTORY CHAPTER. 
 
 "PARLIAMENT being that high court to 
 -*- which recourse is to be had for the makinfr 
 
 D 
 
 of all laws, private as well as public, it may not 
 be improper briefly to recite from Sir Edward 
 Coke, the power and jurisdidion in has in that 
 re sped:. 
 
 It hath sovereign and uncontrolable autliority, 
 in the making, confirming, enlarging, restraining, 
 abrogating, repealing, reviving, and expound- 
 ing, all laws concerning matters of all possible 
 denominations i this being the place where that 
 absolute despotic power, which must in all go- 
 vernments reside somewhere, is intrusted by the 
 constitution of these kingdoms : And that Par- 
 liament will exercise this transcendent power, as 
 far as is consistent with the municipal regulations 
 
 s of
 
 2 INTRODUCTORY CHAPTER. 
 
 of a well-governed and civilized people, for tlie= 
 private and sole benefit of individuals, as well as 
 for the public good and convenience, is fully 
 proved by the Journals of both Houses ; by which 
 it will appear that no bill, supported by reason, 
 justice, and sound policy, was ever preferred to 
 Parliament, that did not finally take effcd\ 
 
 The private bills^ here intended to be consi- 
 dered, are, according to the general-received ac- 
 ceptation of that expression, of three descrip- 
 tions. 
 
 isty Bills in which no clause is inserted, declar- 
 ing them to be public afts, and of which no judge 
 or jury is bound to take notice, unless the same be 
 specially set forth and pleaded : these are called 
 frivate, 
 
 zdly. Such bills as contain a public clause, but 
 only affe<5t one or more individuals ; called per- 
 sonal. 
 
 2,dl}\ Bills containing a public clause, the ope- 
 Yation of which is not confined to persons, but to 
 certain parts and distrids of the country; called 
 local. 
 
 When it has become necessary to apply to Par- 
 liament for a bill within any of the above descrip- 
 
 ' 4 Inst. 32, and auth. cited. See also 5th Com. Dig. 
 title *' Parliament ;" i Blac. Com. 160. 
 
 •» I call them private bills, because fees must be paid for 
 
 them by the party for whose benefit they are passed. No 
 
 fees are paid for passing public general ads. 
 
 tions.
 
 INTRODUCTORY CHAPTER. J 
 
 Jtions, the first thing to be considered is, to which 
 of the two Houses the primary application is to 
 be made. 
 
 This will in a great measure depend upon the 
 nature of the bill, the provisions to be made in it, 
 and the objeds to be effefted by it. 
 
 All bills that may in their consequences affect 
 the right of the peerage *" ; bills for the restitution 
 of honours '^, or in blood "^ ; for reversal of outlaw- 
 ries ^^ and bills of judicature, that is, for giving 
 
 ' I Blac. Com. i68. 
 
 ^ See the Address to the Queen, for the Duke of Marlbo- 
 rough's Bill, i8 L. J. i8i ; Marquis of Linsey's Bill, 20L.J. 
 86, 2 Hats. 338, 3 Hats. 62. 
 
 ' See 14 L.J. 142, Lord Russel's bill ; ibid. 189, Alger- 
 noone Sidney's bill ; 18 ibid. 633, Lord Slanes' bill; 2 Hats, 
 337, and prec. cited in the next note below. It appears from 
 several instances in the Commons' Journals, which are col- 
 lefted in the General Index, from i8th to 34th vol. under 
 title, "Attainder/* that bills for removing disabilities and 
 incapacities arising from attainder, are not considered as com- 
 prehended within the resolution entered into by the Lords, on 
 Lord Bophin's bill. See notes on this head, 2 Hats. 337, 
 3 Hats. 62. 
 
 ^ See resolution of the Lords on Lord Bophin's and the Earl 
 of Carlingford's bills, 1 7 L. J. 119. See resolutions passed in 
 1 I.L.J. 662-674; Bagott's bill, 18L.J. 659; Sir Henry 
 Bond's bill, brought from the Commons, 18 ibid. 474, laid 
 aside, and a new bill brought in at the Lords, ibid. 480, 
 Hats. 2 v. 337. 
 
 B 2 judg.
 
 4 - INTRODUCTORY CHAPTER. 
 
 judgment in a legislative way"^ j must, as appears 
 b)^ the precedents cited in the margin, begin with 
 the Lords. On the other hand, whatever doubts 
 may have been formerly entertained upon the sub- 
 jeft, it seems now to be the invariable and settled 
 pra<flice, that all bills by which money is autho- 
 rized to be raised upon his Majesty's subjects, for 
 any purpose, or in any shape whatever j cither by 
 collcding tolls, rates, or duties, or by inflicting 
 pecuniary penalties" and fines for offences; or 
 which may, by construction, be considered as im- 
 posing a burthen on the people, must be begun in 
 the House of Commons'. Of this sort, are bills 
 
 ^ See proceedings on a bill to reverse a decree of the Court 
 of Requests, Edward 'v. Edwards j and another, 3 L. J. 
 414, 463 ; Fisher and Wrenham, ibid. 525, 3 Hats. 372, 
 
 3^9> 39°' 
 
 ^ See in the L.J. 17 v. 206, and seq. a report from a com- 
 mittee appointed to inspeft the records or precedents where 
 bills with penalties have begun in the House of Lords. See 
 also a resolution of the House, 15 v. L. J. 637, on this sub- 
 
 jeft. 
 
 * 8 C.J. 311, 435, 602; 25 C.J. 178; 26 C.J. 758; 
 42 C.J. 723 ; 3 Hats. 100, 103:, 107, 8, III, 121, 125, 6, 7, 
 130* 138. Whenever this point has occasioned a conference 
 between the Lords and Commons, the latter have universally- 
 contended for, and seem invariably to have maintained this 
 principle, " That all bills of aid and suppl)', or charge upon 
 the people, should begin with them ; and that the Lords can- 
 not commence any proceedings that impose burthens upon the- 
 people." — See further, under title ♦' Amendments," post. 
 
 for
 
 INTRODUCTORY CHAPTER. 5 
 
 for inclosing and draining lands, making turnpike- 
 roads, navigations, canals, paving and lighting 
 streets, building bridges, erecting poor-houses, 
 churches, gaols, for uniting parishes, and making 
 parishes distind", &c. 
 
 All other bills, of what kind soever, may have 
 their commencement indifferently in either House. 
 At the same time, it seems but reasonable, that 
 bills which have for their objefts the regulations 
 of such matters as fall more immediately under 
 the cognizance of either House of Parliament, 
 should begin in that House, which must, from 
 several circumstances, be more competent to 
 frame the provisions of the bill in such a manner 
 as may be most likely to answer the purposes in- 
 tended by it "" : And accordingly it has been the 
 usual custom and pradice, to begin divorce bills, 
 bills for dissolving marriage, and allowing separate 
 maintenance ', in the House of Lords. Also bills 
 for enabling persons that have only a limited in- 
 terest in an estate, and not the fee-simple, as te- 
 nants for life, or in tail, to make leases, to raise 
 portions under the trusts of a term, to sell or ex- 
 change part of the estate, when it is visibly for the 
 benefit of all parties interested, they being willing 
 and desirous that it should be doncj to remove 
 
 *' 3 Hats. 6$. 
 
 • Countess of Ferrars' bill, 29 L. J. 271, and subsequent 
 proceedings thereupon. 
 
 B 3 and
 
 15 INTRODUCTORY CHAPTER.' 
 
 and obviate difficulties in the management of 
 estates, arising from the incapacities of the owners, 
 as in cases of infancy and lunacy ; to enable bo? 
 jdies corporate, and ecclesiastical persons, to alien, 
 dispose of, settle, or exchange their lands and pos- 
 sessions j and all bills of a like nature, commonly 
 called Estate bills '"^ should commence in the Up- 
 per House; unless it be necessary to make provi- 
 sions therein, that require them to be begun at 
 the Commons". Estate bills are always referred 
 to two of the judges, who are to examine and rei 
 port the state of the fads alledged, to see that all 
 necessary parties consent, and to settle all points 
 of technical propriety; therefore it is one of the 
 first objeds of the parties to obtain their appro^ 
 bation, for without it the r,ords will not pass the 
 bill. Naturalisation" and Name bills ^, have their 
 beginning as often in one House as in the other, 
 unless the time limited for receiving private peti- 
 tions at the Commons be elapsed, and then they 
 are begun in the Lords, 
 
 " Lords' Journals, passim. 
 
 " See 26 C.J. 758, where Lord Ashburnliam's estate bill, 
 and 29 C.J. 274, Duke of Bedford's estate bill, sent down 
 from the Lords, wejre laid aside, and new bills ordered. Vide 
 Mr. Hatsel's remarks upon the contents of these Bills, 3 voL 
 J26, 7. 
 
 " Lords' and Corair.ons' Journal^ passim. 
 
 f Ibid, 
 
 Bv
 
 INTROPirCTORY CHAPTER. *J 
 
 By attending to the foregoing observations, and 
 the reterenccs given, to the Journals, it is presumed 
 it may be easily determined in wliich House it 
 will be proper to begin a bill. I shall therefore 
 consider that point as settled, and now proceed 
 to state the necessary and progressive steps to be 
 taken to introduce the bill. 
 
 PETITION. 
 
 lords' standing orders. 
 
 •*' Die Jovis, 7 Decembris 1699 — It is ordered 
 by the Lords Spiritual and Temporal in 
 Parliament assembled, that for the future 
 no private bill shall be brought into this 
 House, until the House be informed of the 
 rnatters therein contained, by petition to this 
 House for leave to bring in such bill : And 
 that this order be added to the roll of stand- 
 ing orders." 
 
 " Die Sabbati, 16 Februarii 1705 — It is or- 
 dered by the Lords Sj)iritual and Temporal 
 in Parliament assembled, that for the future 
 all parties concerned in the consequences of 
 any private bill, shall sign the petition that 
 desires leave to bring such private bill into 
 this House." 
 
 commons' standing orders. 
 <^ On the 26th May 1685 — Ordered, that, for 
 the future, no private bill be brought into 
 this House, but upon a petition first pre- 
 
 B 4. seated^
 
 « fNTRODUCTORY CHAPTER. 
 
 sented, truly stating the case ; at the peril of 
 the parties preferring the same: And that 
 such petition shall be signed by the parties 
 who are suitors for such bilP," 
 
 " On 24th November 1699 — Ordered, that 
 no private bill be brought into this House,, 
 but upon a petition, setting forth the sugges- 
 tions and reasons for the same. On the 15th 
 February 1700, this is declared to be a 
 standing order: And is repeated on the iSth 
 January 1708." — (Not extended to Ire- 
 land.) 
 
 In compliance with the above standing rules, 
 in order to introduce a bill to either House, a 
 petition, truly stating the case, and if to the Lords, 
 
 1 " 14th November 1689 — Resolved, that all petitions pre- 
 sented to the House ought to be signed by the peti- 
 tioners with their own hands, by their names or marks." 
 *' 2d June 1774 — Resolved, that it is highly unwarrantable, 
 and a breach of the privilege of this House, for any per- 
 son to set the name of any other person to any petition 
 to be presented to this House." 
 
 See C.J. 12th May 1628; 6th April 1714; 19th Oflo- 
 ber 1722; 3d March 1729; 2d April 1735; 15th Fe- 
 bruary 1750. See also 31st C.J. ^ijS, a committee is di- 
 refted to inquire, whether an erasure in the prayer of a peti- 
 tion was made previous or subsequent to the signing thereof. 
 
 See orders of the House, relating to applications for public 
 money, 15th C.J. 211, 367; 17 v. 4J7 ; 18 v. 23; 22 V, 
 601 fj 26 V. 384; 347.561, and post. 
 
 signed
 
 INTRODUCTORY CHAPTER. ^ 
 
 signed by all parties that are concerned in the 
 consequences of the bill ; and if to the Com- 
 mons, signed by the parties' who are suitors for 
 the bill J must be presented to the House by a 
 Peer or a member', for leave to bring in the 
 biir : And in several cases, which will be noticed 
 hereafter, before a petition can be presented to 
 the House of Commons with effed, public notice 
 is required to be given to all parties concerned, of 
 the intended application to Parliament. 
 
 When a petition relating to crown lands is to 
 be offered to the House, it must come recom^ 
 mended by his Majesty, before it can be received; 
 and the Chancellor of tlie Exchequer, or some 
 other member appointed by his Majesty, will 
 signify, *' that his Majesty having been informed 
 of the contents of the petition, gives his consent 
 thereto, and recommends it to the consideration 
 
 ' No person who signs the petition will be an admissible 
 evidence in favour of the bill ; therefore the petition should 
 not be signed by any persons whose testimony may be neces- 
 sary to support it. 
 
 * See loth C.J. 74*0, resolutions of the flouse, as to the form 
 in which petitions and bills shall be presented by members, 
 
 * Bills for reversing attainders or outlawries, are presented 
 to the House with the King's allowance written in the mar- 
 gin, without any previous petition for that purpose. 1 See * 
 Lord Russell's and Algernoone Sidney's bills, mentioned ante. 
 The proceedings peculiar to applications for public money, 
 and for navigation bills, will be noticed in the subsequent 
 ,r)iapters, post. 
 
 of
 
 to INTRODUCTORY CHAPTER. 
 
 of the House." Petitions of this sort are referred 
 to a committee of the whole House". 
 
 Another thing to be attended to, is the time 
 within which the petition should be presented. 
 At the opening of almost every session, a day is 
 fixed by the House of Commons, after which it 
 will not receive any petition for a private bill 5, 
 but if, from any particular circumstance, or una- 
 voidable accident, such petition has not been of- 
 fered within the limited time, a petition, stating 
 the particular veasons why it has not been so of- 
 fered, and likewise stating the substance of the 
 petition intended to be presented, may be pre- 
 ferred to the House, requesting leave still to pre- 
 sent it, though beyond the time limited. Peti- 
 tions to be heard against a bill, may be p'/esented 
 in any stage of the bill, though the tinie limited 
 for receiving petitions to bring in private bills, be 
 expired. When founded on fads, that in their 
 nature may be disputed, a petition is, at the Lords^ 
 referred to two of the judges; (unless it concern 
 lands or heritable subjeds in Scotland, and thea 
 to the Lord President of the Court of Session in 
 Scotland^ the Lord Justice Clerk, and the Chief 
 Baron of the Court of Exchequer in Scotland^ ot 
 two of them ; or unless it concern estates in land, 
 situated in that part of the united kingdom of 
 
 '' See standing order, 15 C.J. 367; 29C. J. 75:8, ^35; 
 30 V. 668; 31V. 82; 32 Y. 694; 33 V. 43, 517, 532, 542. 
 
 Great
 
 INTRODUCTORY CHAPTER. Jf 
 
 Great Brilnin3.nd Ire/af?d caWed Ireland y and tlicn, 
 >f the parties desire it, to two judges of the Court of 
 King's-Bench, Common Picas, or Exchequer, in 
 Ireland); and at the CumvionSy when it is in- 
 tended to impose any toll or duty for effcclu- 
 ating the purposes mentioned in the petition, to ^ 
 committee of members j to examine the matter 
 thereof, and report the same to the House : and 
 after such report (or otherwise, upon the mere pe- 
 tition) le<ive may be given to Bring in the bill. 
 
 PROCEEDINGS 
 
 UPON AN ORDER OF REFERENCE TO THE 
 
 JUDGES. 
 
 ." Die Sabbati, i6 Februarii 1705 — It is or- 
 dered by the Lords Spiritual and Temporal 
 in Parliament assembled, that when a peti- 
 tion for a private bill shall be offered to this 
 House, it shall be referred to two of the 
 judges, who are forthwith to summon all 
 parties before them who may be concerned 
 in the bill ; and after hearing all the parties, 
 and perusing the bill, are to report to the 
 House the state of the case, and their opi- 
 nion thereupon, under their hands, and are 
 to sign the said bill. The same method to 
 be observed as to private bills, that are 
 {wrought up from the House of Commons 
 
 before
 
 (( 
 
 12 INTRODUCTORY CHAPTEIl. 
 
 before the second reading of such bills, by 
 sending a copy of the said bill, signed by the 
 clerk, to the judges." 
 
 Die Mercurii, 18 Dccembris 1706. — The 
 House being informed, that upon the refe- 
 rence of petitions for private bills to the 
 judges, pursuant to the standing orders of 
 this House, there arises some difficulty as to 
 the examination upon oath of the persons 
 who are produced before them to prove the 
 fad as to the merits of such bills : It is or- 
 dered by the Lords Spiritual and Temporal 
 in Parliament assembled, that upon the refe- 
 rence of any private bill to the judges, as 
 aforesaid, the judges to whom the said bill 
 shall be referred', shall send to this House a 
 list or lists of such persons' names as are to 
 be sworn in relation to such bill, and that 
 they shall be thereupon sworn. at the bar 
 of this House, in order to be examined by 
 the judges upon such oath, in relation to the 
 bill before them. — Entered per ord. 20th 
 Decembris 1706." 
 « On the 2d July 1801 — Resolved, that the 
 following addition be made to the standing 
 order of the 18th December 1706, No. 103, 
 viz. after the word ' referred,' to insert, ' un- 
 
 " See the next order. 
 
 less
 
 INTRODUCTORY CHAPTER. l^ 
 
 less the same shall be referred to the judges 
 of those parts of the united kingdom called 
 Scotland or Ireland.^ — Oil the 9tli Decem- 
 ber 1801, this is declared to be a standino: 
 order." 
 *' Die Mercurii, 16 Maii 1792 — Ordered, by 
 the Lords Spiritual and Temporal in Par- 
 liament assembled, that for the future, when 
 a petition for a private bill concerning estates 
 in land or heritable subjefts", situated in that 
 part of Great Britain called Scotland^ shall be 
 offered to this House, it shall be referred to 
 the Lord President of the Court of Session ia 
 Scotland^ the Lord Justice Clerk, and the Chief 
 Baron of the Court of Exchequer in Scot- 
 land^ or any two of them, who are forthwith 
 to summon all parties before them, who may 
 be concerned in the bill ; and after hearing 
 all the parties, and perusing the bill, are to 
 report to the House the state of the case, 
 and their opinion thereupon, under their 
 hands, and are to sign the said bill. The 
 same method is to be observed as to private 
 bills concerning estates in land, or heritable 
 subjeds, situated in that part of Great Bri- 
 tain called 6'r6//^W, brought from the House 
 of Commons before the second reading of 
 such bills, by sending a copy of the said bill, 
 
 " Hcritiible siibje<5ls, signifies the same as real esUtes sig- 
 nify in Great Brluinj 
 
 signed
 
 i4 INTRODUCTORY CHAPTER. 
 
 signed by the clerk, to the chief judged' 
 aforesaid, or any two of them." 
 
 " Ordered, That for the future, heirs of en- 
 tail concerned in the consequences of such 
 private bills as aforesaid, and who reside in 
 that part of Great Brilahi called Scotland^ 
 may give their consent to the passing of such 
 bills before the Lord President of the Court 
 of Session in Scotland, the Lord Justice 
 Clerk, and the Chief Baron of the Court of 
 Exchequer in Scotland, or any two of them ; 
 and the certificate of the said judges, or of 
 any two of them, by which it shall appear 
 that on a day and at a place to be therein 
 expressed, such person or persons did appear 
 personally before them, and being aware of 
 the interest they may have in such bill, did 
 give his, her, or their consent for him or 
 themselves, and for those for whom, accord- 
 ing to the law of Scotland, he, she, or they,, 
 may be entitled to consent, and did in their 
 presence sign a bill, which bill, together with 
 the said certificate, must be produced j shali 
 be held as sufficient evidence of the consent 
 of such person or persons, before any com- 
 mittee of this House, to whom the con- 
 sideration of such bill may be referred." 
 
 " Ordered, That it be a general iiistrudion to 
 the judges who shall meet to take the con- 
 sent of heirs of entail concerned in the con- 
 sequences
 
 INTRODUCTORY CHAPT5.R. t^ 
 
 sequences of private bills relating to estates 
 in that part of Great Britain called Scotland, 
 that they take no notice of the cousent of 
 any person to the passing of such bill, unless 
 such person appear before them, or tl.at it 
 be made manifest to them by an instru.T.cnt 
 under the hand of a notary-public, duly 
 executed according to the forms required by 
 the law of Scotland, that he or she is not 
 able to attend, and doth consent to the said 
 bill." 
 *^' Ordered, That the said orders be made 
 standing orders, and tliat they be entered 
 on the roll of standing orders, and printed 
 and published, to the end that all persons 
 concerned may the better take notice of the 
 
 same." 
 
 *' On the 2d July 1801 — Resolved by the 
 Lords Spiritual and Tempera!, in the Ini- 
 
 • perial Parliament assembled, That for the 
 future when a petition for a private bill 
 concerning estates in land, situated in that 
 part of the united kingdom of Great Britain 
 and Ireland called Ireland, shall be offered 
 to this House, it shall be referred, if the 
 parties desire it, to two judges of the^Ccurt 
 of King's Bench, Common Ple.is or ii,x- 
 chequer in Ireland, who are forthwith to 
 summon all parties before them who may 
 be concerned in the bill^ and after hearing 
 
 all
 
 Jf6f' INTRODUCTORY CHAPTER. 
 
 all the parties, and perusing tlie bill, are to 
 report to the House the state of the case, 
 and their opinion thereupon, under their 
 hands, and are to sign the said bill. The 
 same method is to be observed as to private 
 bills concerning estates in land, situated in 
 that part of the united kingdom of Greaf 
 Britain and Ireland called Ireland^ brought 
 from the House of Commons, before the 
 second reading of such bills, by sending a 
 copy of the said bill, signed by the clerk, to 
 the chief judges aforesaid, or any two of 
 them." 
 
 " RESOLVED, 
 
 " That for the future, all persons concerned 
 in the consequences of such private bills as 
 aforesaid, and who reside in that part of the 
 united kingdom of Great Britain and Ire- 
 land called Ireland, may give their consent 
 to the passing of such bills before the two 
 judges to whom such bills shall be referred; 
 and the certificate of the said judges, or of 
 any two of them, by which it shall appear, 
 that on a day and at a place to be therein 
 expressed, such person or persons did appear 
 personally before them, and being aware of 
 the interest they may have in such bill, did 
 give his, her, or their consent for him or 
 themselves, and for those for whom, accord- 
 ing
 
 INTRODUCTORY CHAPTER. I7 
 
 ing to law, he, she, or the}', may be intltled 
 to consent, and did accept the trust pro- 
 posed to be vested in him or them by the 
 said bill, and did in their presence sign a 
 bill, (which bill, together with the said cer- 
 tificate, must be produced), shall be held 
 as sufficient evidence of the consent of such 
 person or persons, before any committee of 
 this House to whom the consideration of 
 such bill may be referred." 
 
 " RESOLVED, 
 
 '^ That it be a general instrudion to the judges 
 who shall meet to take the consent of all 
 persons concerned in tlie consequences of 
 private bills relating to estates in that part 
 of the united kingdom called Ireland^ that 
 they take no notice of the consent of any 
 person to the passing of such bill, unless 
 such person appear before them, or that it 
 be made manifest to them by an instrument 
 under the hand of a notary-public, duly 
 executed according to the forms required by 
 ]aw, that he or she is not able to attend, 
 and doth consent to the said bill. — And on 
 the 9th December 1801, these are made 
 standing orders." 
 
 In this stage of the business, it will be neces- 
 sary, if it has not been previously done, to pre- 
 
 c pars
 
 l8- INTRODUCTORY CHAPTER. 
 
 pare and settle the bill (which must always cor* 
 respond with the petition), and to make a fair 
 copy of the bill with marginal notes, and a copy 
 of the petition and order of reference, for each 
 of the judges ; and it is the usual practice, to 
 prepare a draft of the judge's report, and annex 
 the same with the petition and order to the 
 front of the bill. The proofs that are to be given 
 before the judges, must be now considered j and 
 every person whose testimony will be requisite to 
 support the petition, must attend at the bar of the 
 House of Lords to be sworn, to give evidence be- 
 fore the judges to whom the petition stands re- 
 ferred ^' : For this purpose, the names of the wit- 
 nesses must be written on a slip of paper, the fol- 
 lowing title being prefixed, "Witnesses to be sworn 
 (if Quakers, to be affirmed), to give evidence be- 
 fore the judges to whom the petition of 
 
 stands referred," and a certificate thereof must 
 be obtained from the clerk of the Parliaments, at 
 the Parliament-ofEce, and produced before the 
 judges. The signatures to the petition, and the 
 allegations therein contained, must be proved 
 upon oath, by parole evidence, before the judges. 
 Ail deeds stated in it, must be produced, and 
 
 y On 2d July 1 80 1, an Aft of Parliament >vas passed; to 
 authorize the judges of Scotland or Ireland, to whom peti- 
 tions for bills respefting lands may be referred by the Houss 
 of Lords, to examine witnesses on oath. 
 
 their
 
 INTRODUCTORY CHAPTER. I9 
 
 their execution regularly proved by a subscribing 
 witness (unless they be ancient deeds, which may 
 be offered in evidence, without proof" of their 
 execution) ; and all births, baptisms, marriages, 
 and deaths, stated, must be proved by extrads 
 from the registers, duly examined therewith by 
 the witness j and parole testimony must be ad- 
 duced to prove the identity of persons men- 
 tioned in such registers. 
 
 In order to shew by what means the pro- 
 duction of deeds may be enforced, and the 
 attendance of involuntary witnesses procured^ 
 I shall here make a supposition, that one of 
 the deeds stated in the petition, is in the pos- 
 session of a person who refuses to produce it, 
 and that one of the subscribing witnesses to 
 it will not voluntarily attend to prove the exe- 
 cution of it% When this happens to be the 
 case, which indeed is very rare, a petition, stat- 
 ing that a petition has been presented and re- 
 ferred to the judges, and that such a person is 
 in possession of a deed (describing the nature of 
 it and its date) materially necessary to be pro- 
 duced before the judges, or that he is a subscrib- 
 ing witness to a deed stated in the petition (as 
 the case may be), and refuses to produce such 
 deed before the judges, or to attend them to prove 
 
 ^ See 31 L. J. 590, a«d the Proceedings upon the Coun- 
 tess of Ferrars' Bill, 29 L. J. ^71-299. 
 
 C 2 the
 
 20 INTRODUCTORY CHAPTER. 
 
 the execution of it ; and therefore praying that he 
 may be ordered to produce such deed before the 
 judges, or to attend to prove the execution of 
 it. The person who signs this petition, should at- 
 tend" when it is offered to the House -, and he is 
 generally called to the bar, and sworn, to prove 
 the allegations of it, before the order is granted. 
 An order will be granted, as a matter of course ; 
 a copy of .which must be served upon the person 
 whose attendance is required. I apprehend, it 
 requires personal service, to bring the party into 
 contempt in the first instance , and therefore I 
 shall suppose the person to be denied at his usual 
 place of abode, and a personal service of the 
 order impradicable. In such case, it v.'ill be re- 
 quisite to present another petition, stating the 
 attempt to serve the order, and that the party 
 was denied at his usual place of abode, and that 
 there is reason to suppose he absconds to avoid 
 the service, and that a copy of the order was left 
 for him ; and therefore praying, that leaving ano- 
 ther copy of the order at his usual place of resi- 
 dence may be deemed a sufficient service. 
 
 Where there are reasons to suspect the party 
 absconds to evade the service of the order, and 
 those reasons appear on the face of the petition, 
 an order is generally made, that leaving a copy of 
 the former order, shall be deemed a good service ; 
 and if the party, upon personal service, or on a 
 copy of the order being left as above described afc 
 
 his
 
 l-NTRODUCTORY CHAI'TLR. 21 
 
 1ms place of residence, do not attend, the gentle- 
 man-usher ol; the black-rod will be ordered to 
 take him into custody, for a breach or contempt 
 of privilege. But to return — When the matter 
 is ripe for the inquiry of the judges, the solicitor 
 should attend at the chambers of the senior of those 
 judges to whom the petition stands referred, and 
 he will fix a time to examine the allegations 
 therein contained. The parties having been ex- 
 amined with the necessary evidence, the judges, 
 if they be satisfied of the fadts, and approve the 
 bill and report, will sign them ; though some- 
 times they direcl alterations to be made in the 
 report, or some special matter to be stated. A 
 copy of the bill should be made for the signa- 
 ture of the judges, and to the front of ir, a 
 copy of the report signed by the judges, together 
 with the original petition and order of reterence, 
 should be annexed : The title of the bill must 
 be indorsed on the back of the outside sheet : 
 These must then be presented to the House, with 
 a short extra6t of the bill, called a breviate, for 
 the Speaker; and upon reading the judges' report, 
 if it favour and approve the measure, leave will 
 be given to bring in the bill, which will then be 
 read a first time, as a matter of course. 
 
 At the opening of every session, the Lords 
 generally make an order, that they will not re- 
 ceive any report from the judges, upon petitions 
 
 c 3 for
 
 22 INTRODUCTORY CHAPTER. 
 
 for private bills, after a certain day in such order 
 named. 
 
 PROCEEDINGS 
 
 UPON PETITIONS REFERRED TO SELECT COM- 
 MITTEES AT THE COMMONS. 
 
 Here it is but justice to the legislature of this 
 country to premise, how cautiously and delibe- 
 rately the House of Commons proceed, when 
 they are petitioned by individuals to exercise that 
 important privilege of imposing a pecuniary 
 burthen upon the people, vxhether it be in the 
 form of tolls or duties, or as a pecuniary penalty* 
 The orders and praftice of the House, founded 
 as they are in wisdom and justice, require that 
 all such private cases, as well as matters of pub- 
 lic concern, shall be more frequently discuss- 
 ed, than other propositions in which the le- 
 vying of money on the Subjecft is not included. 
 The time at which this discussion shall take 
 place is determined by the nature of the pro- 
 position — whether in a committee on the bill, 
 or whether if the proposition be made on the re- 
 port, or on the third reading of the bill, in a 
 committee of the whole House upon the clause 
 by which the sum is to be imposed \ And even 
 before a private bill within the standing order 
 next following can be introduced to the House, 
 
 * 3 Hats. 163. 
 
 the
 
 INTRODUCTORY CHAPTER. 23 
 
 the petition for leave to bring it in, must first be 
 considered by a seledl committee, and reported 
 to the House. 
 
 *' On the 13th March 1716 — Resolved, that no 
 bill be ordered to be brought in on any peti- 
 tion, for repairing or amending any high- 
 way, or for making or cleansing any port or 
 harbour, or for making any river navigable, 
 or for any other work proposed to be earned 
 en by tolls, or duties to be levied on the subjedi 
 in particular places, till such petition has 
 been referred to a committee, and they have 
 examined the matter thereof, and reported 
 the same to the House. — On the 28th Febru- 
 ary 1734, this is made a standing order**." 
 When a petition has been referred to a com- 
 mittee to examine the matter thereof, and report 
 the same to the House, the solicitor should pro- 
 cure a copy of the order of the commitment from 
 the committee clerk, from which he will learn the 
 names of the members who are to compose the 
 committee ; and as soon as he is prepared with 
 the necessary evidence to prove the allegations of 
 the petition, application should be made to some 
 of the members named in the order requesting 
 them to attend the committee. The committee 
 
 •* This, and every other order of the House pf Commons, 
 colleded in the foregoing and following pages, except a few 
 which will be noticed as they occur^ were <Sn the 30th June 
 1 80 1 J extended to Ireland. 
 
 04 may
 
 24 INTRODUCTORY CHAPTER, 
 
 may meet the day after the petition is presented 
 and ■ referred, if the solicitor be ready with the 
 necessary evidence. The member who is to have 
 the care of the bill in the House, is generally ap- 
 pointed the chairman of the committee ; besides 
 whom, there must be seven other members, to 
 form a committee. The signatures to the peti- 
 tion are not required to be proved ^ but all the 
 allegations of the petition must be proved^by pa- 
 role evidence, though not upon oatli' ; and no 
 affidavits of fads will be admitted**. In the or- 
 der of commitment, power is given to the com- 
 mittee to send for persons, papers, and records ; 
 so that when a person will not voluntarily attend, 
 or produce any writings which may be necessary, 
 the chairman wiil, upon application for that pur- 
 pose, sign an order, requiring the witness to at- 
 tend, or produce the writings, as the case may re- 
 quire. All orders of this sort should regularly 
 be served on the party, by a messenger ot the 
 House ; because, if the witness should not attend 
 after personal service, or be denied at his usual 
 place of abode, in order to avoid a personal ser- 
 vice, which 1 apprehend is necessary to bring the 
 party into contempt in the first instance, appli- 
 cation must be made to the House, to compel 
 
 " 2 Hats. 144, and seq. 
 
 •^ 2 Hats. 145, in notes. Unless they be affidavits of the 
 
 publication of notices, Sec. for inclosure bills. See post, inclo, 
 
 faures. 
 
 his
 
 INTRODUCTORY CHAPTER. • 25 
 
 his appearance; and for that purpose, a petition 
 must be presented to the House, noticing the 
 chairman's order, and the attempt to serve it, 
 and praying, that leaving a copy of it at the usual 
 place of abode of the witness, may be deemed 
 good service. The messenger of the House will 
 be called upon, to shew in what manner the order 
 of the chairman of the committee has been exe- 
 cuted ; and if there be any fair reason to suppose 
 that the party absconds to evade the service, an 
 order will be made, that leaving a copy of the 
 chairman's order and of this order, at the usual 
 place of residence of the party, shall be deemed 
 good service thereof: And unless the witness then 
 attend, or does not attend v^'hen personally served, 
 or a certificate be produced of his inability to at- 
 tend from illness or infirmity, the House will -or- 
 der the serjeant-at-arms to take him into cus- 
 tody. If there be any st-anding orders of the 
 House, relating to the matter of the petition, 
 that require public notice to be given of the ap- 
 plication to Parliament, the chairman will, pre- 
 vious to examining the allegations of the peti- 
 tion^ require the solicitor to shew how far such 
 standing orders have been complied with : And 
 to prove that they have been duly complied with, 
 the person who affixed the notices on the church- 
 door, or the door of the sessions-house, should 
 attend with a copy of the notice ; and the ga- 
 ;£cttes, and provincial papers in which the notices 
 
 were
 
 26 INTRODUCTORY CHAPTER, 
 
 were inserted, should be produced before the com- 
 mittee. 
 
 The committee clerk will prepare the report 
 according to the evidence produced at the com- 
 mittee, and the title of the proposed bill should 
 be left with him, to go up with the report. The 
 report may be made by any member who was 
 present at the committee. In case any mistake 
 is made in the title of the bill, and it is wished to 
 be altered before the bill is presented, a member 
 should be furnished with the new title, and be 
 requested to move that the order for bringing in 
 the bill, made on a form.er day, may be read ; and 
 the order being read, that the order may be dis-^ 
 charged. Then a motion should be made, that 
 the petition, and also the report made from the 
 committee to whom the petition was referred, may 
 be read ; and the same being read, an order will 
 be made, for leave to bring in a bill with the new 
 title ; which may be presented the same day, if it 
 be prepared". 
 
 It often happens, that from the want of local 
 information in the solicitor, or from the negli- 
 gence or misapprehension of the persons employed 
 by him to affix the notices, or from the careless- 
 ness of the printers of papers, that the standing 
 orders are not. strictly complied with ; and indeed 
 sometimes the necessity of applying to Parliament 
 
 54 C.J. 205. 
 
 does
 
 INTRODUCTORY CHAPTER. 27 
 
 Joes not arise, or is not discovered, until the time 
 at which the notices arc required to be given is 
 e;xpired. In these cases, it should be proved to 
 the committee, how far the standing orders have 
 been observed, and what is the reason or cause 
 why they have not been adhered to altogether, 
 and that a further delay will be attended with con- 
 siderable loss or injury to the parties; or, in case 
 of public matters, that the public convenience and 
 accommodation will be very materially affeded 
 by deferring the bill until another session. 
 
 The particular reasons must be specially re- 
 ported to the House by the chairman ; and when 
 it appears to the House that some of the notices 
 required have been given ; that the parties inte- 
 rested in the measure have been individually con- 
 sulted ; and the application to Parliament made 
 very notorious (publicity being the objed: of the 
 notices) ; the House will generally grant leave to 
 bring in the bill. On the other hand, when no 
 notices have been given, or no steps taken to make 
 the application to Parliament publicly known, it 
 seems the most proper way is, to present a peti- 
 tion, in the first instance, for leave to give notices 
 forthwith ; though the House will, in matters of 
 public utility or convenience, and' where the par- 
 ticular occasions or circumstances of individuals 
 urgently require it, grant leave to the parties, 
 thougii no previous petition for that purpose has 
 been exhibited, to give public notice forthwith 
 
 on
 
 5:8 INTRODUCTORY CHAPTER. 
 
 on three successive Sundays, or at the next quar- 
 ter-sessions, as the, particular case may require, of 
 the apphcation that is making to Parliament. 
 When such an order has been made to give these 
 notices, it will be necessary to take a retrograde 
 step, and to begin, as it were, de novo. 
 
 The order for the notices must be stri6lly car- 
 ried into execution ; and as soon as it has been 
 complied with, a petition should be presented. to 
 the House, stating, that in pursuance of the order 
 notices were given at the times and in manner 
 therein direfted, and therefore praying for leave 
 to bring in the bill. 
 
 This petition is generally referred to the sam.e 
 committee to which the former petition was re- 
 ferred, to examine and report ; and then the pub- 
 lication of the notices as direded by the order, 
 must be proved by parole evidence before the 
 committee. • After these several steps have been 
 taken, the chairman will report the matter to the 
 House, and then move the House, that the re- 
 port which was made from the committee to 
 whom the former petition was referred, may be 
 again read ; and the same being read accordingly, 
 leave will be given to bring in the bill : And two 
 or more members (whom the solicitor may re- 
 quest the member who makes the report to no- 
 minate), will be appointed to prepare and bring 
 in the same. 
 
 It sometimes happens, that upon further consl- 
 
 deratiou
 
 INTRODUCTORY CHAPTER. 29 
 
 deration of the measure, it will be proper to make 
 provisions in the bill, which the petition present- 
 ed will not warrant. If the petition be very de- 
 fedive, a petition should be presented for leave 
 to withdraw it, and to present another in the stead 
 thereof i but if only some few additions are to be 
 made to the bill, a petition may be presented to 
 the House, noticing the former petition, and 
 stating that it will be requisite to make certain 
 provisions in such bill, for purposes to be specified 
 in the petition, in such manner as to the House 
 shall seem proper, and praying accordingly. This 
 petition will be referred to the same committee, 
 and the allegations of it must be proved as before 
 direded. 
 
 In matters of public utility, petitions may also 
 now, or in any other stage of the bill, be offered 
 to the House, from persons who will be benefited 
 if the application to Parliament succeed \ praying 
 the House to take the matter into their conside- 
 ration. 
 
 Petitions praying to be heard against the bill, 
 may be presented to the House in this stage of 
 the business, though it is very seldom done ; be- 
 cause the House have resolved, when a petition 
 has been referred to a committee, that they will 
 not admit any petitioners to be heard against it, 
 
 f 28 C. J. 473 ; 30 V. 720. 
 
 until
 
 ^ INTRODUCTORY CHAPTER. 
 
 until the matter thereof shall have been tcported 
 to the House*. 
 
 « On the 5th May 1773 — Resolved, that 
 whenever any petition presented to the 
 House, shall have been referred to a com- 
 mittee to examine the matter thereof, and 
 report the same, as it shall appear to them, 
 to the House i this House will not admit 
 any petitioners to be heard by themselves, or 
 counsel, against such petition, until the mat- 
 ter thereof shall have been first reported to 
 the House. — And this is made a standing 
 order." 
 
 See reports from committees on petitions re- 
 committed to the same committee : 
 
 In order to give them an instrudion, 19 C.J. 
 589; 27 V. 758. 
 
 In order to refer a petition to them, 26 v. 899. 
 
 On information that some alterations might be 
 proper to be made therein, 28 v. 130. 
 
 On information that several matters therein 
 would require turther consideration, 26 v, 
 724; 27 V. 204. 
 
 On information that further evidence is neces- 
 
 e Sec 34 C. J. 411, where a motion to refer a petition to 
 .the same committee to which a petition for a bill was re- 
 ferred, was nxsithdranun by leave of the House, and ^the peti- 
 tion ordered to lie on the tabic. 
 
 sary.
 
 INTRODUCTORY CHAPTER. 3I 
 
 sary, touching some matters mentioned ii\ 
 the petition, 28 v. 102 j 30 v. 707. 
 
 An order for bill dlscnarged, and report made 
 from the committee on tlie petition re- 
 committed, 31 V. 36. 
 
 Report from a committee, on a petition re- 
 committed a second time to the same com- 
 mittee, 32 V. 708, 720. 
 
 BILL. 
 
 It may not be improper here to observe, that 
 in each House, the adV. of the majority binds the 
 whole, and this majority is declared by votes 
 openly and publicly giveji. The Speaker of the 
 House of Commons never votes, but when there 
 is an equality without his casting vote, which in 
 that case creates a mcfjority : But the Speaker of 
 the House of Lords has no casting vote, but his 
 vote is counted with the rest of the House j and 
 in case of an equality, the non-contents or nega- 
 tive voices, have the same effedt and operation as 
 if they were in fadt a majority. — See 11 L.J. 28 S. 
 Every Peer has the privilege of mak.lng another 
 Lord of Parliament his proxy, to vote for him 
 in his absence — a privilege which a member of 
 the other House can by no means have, as he 
 himself is only a proxy for a multitude of other 
 people. — 4th Inst. 12. 
 
 By an order of the House of Lords, 25th 
 February 1625, a Spiritual Lord shaJl only be 
 
 proxy
 
 32 INTRODUCTORY CHAPTER* 
 
 proxy for a Spiritual Lord, and a Temporal Lord 
 for a Temporal Lord. 
 
 Two or more Peers may be proxy for one ab- 
 sent Peer, but they cannot vote unless they all 
 concur. — 4th List. 12. — Proxies cannot be used 
 in a committee. 
 
 STANDING ORDERS 
 
 OF THE HOUSE OF COMMONS. 
 
 * On the 17th November 1797 — Resolved, 
 That the precise duration of every new tem- 
 porary law should be expressed in the title 
 of the bill, and also in a distind clause at 
 the end of the bill, and no where else." 
 On the 17th November 1797 — Resolved, 
 That where the revival of several expired 
 statutes, or the continuance of several ex- 
 piring statutes, is proposed, all such as are 
 to be revived, should be included in one 
 bill, and such as are to be continued in 
 another i and that every bill for the revival 
 of several statutes, or for the continuance 
 of several statutes, should express in its title, 
 that the same is for reviving, or for continuing, 
 the several statutes therein mentioned, and 
 should describe in its title, every such sta- 
 tute, by its year, chapter, and day of pass- 
 ing, together with the precise duration to 
 be given thereto. — These two resolutions 
 declared to be standing orders." 
 
 fC 
 
 HOUSE
 
 iNTRbDUCTORY CHAPTERi 33 
 
 • HOUSE OF LORDS. 
 
 FIRST READING OF A BILL. 
 
 When a petition for leave to bring in t. bill is 
 offered to the House, and such petition is or- 
 dered to be received, if it be not referred to 
 two judges, leave will be given to bring in the 
 bill ; and if the bill be prepared, and* a copy 
 thereof made for the House, with a breviate for 
 the Speaker, the bill may be presented the same 
 day, by applying to a Lord for that purpose* 
 who will move to have it read a first time, which 
 will be ordered as a matter of course. 
 
 If an estate bill be begun in the House of 
 Commons, on the first reading of the bill in this 
 House it will be referred to two of the judges, 
 who must report their opinion thereon, before 
 the bill can be read a second time. — See Pitt's 
 bill, 31 L.J. 543. 
 
 The necessary orders to be observed on bills 
 for divorce, making navigations, &c. and the 
 particular proceedings thereon, before the bill can 
 be read a second time, will be noticed in the 
 chapters appropriated to those particular bills. 
 
 In this stage of a bill, the persons who oppose 
 the measure generally present a petition to the 
 House, praying to be heard against the billj and 
 an order is usually made for their counsel to be 
 heard on the second reading of the bill, 
 
 t) HOUSE
 
 34 INTRODUCTORY CHAPTER. 
 
 HOUSE OF COMMONS. 
 
 FIRST READING OF A BILL. 
 
 ^^ On the 1 2th November 1705 — Ordered, 
 That all private bills brought into this House 
 be printed ; and that they be printed, after 
 they are presented to the House, and before 
 the, first reading. On the 12th December 
 1706, this order is renewed; and on the 
 5th March 1722, it is Ordered, That no 
 private bill be read, before printed copies 
 thereof be delivered to the members of the 
 House : And this order to be a standing or- 
 der \" 
 As soon as the bill is settled, a copy of it 
 should be made, with marginal notes, for the 
 printer, in which blanks or void spaces must be 
 left for the precise date of times, the nature and 
 quantity of penalties, or for any sums of money 
 to be raised, and for the names of trustees or 
 commissioners to carry the acl into execution, 
 unless such names are required by any standing 
 order of the House to be inserted. Another copy 
 of the bill must be made, to be presented to the 
 House. In this copy a blank must be left on 
 the first sheet, for the title of the bill ; (which 
 
 ^ The usual pradicc has been, to print private bills before 
 they are presented, as they are commonly moved to be read 
 » first time immediately on tlieir being received. 
 
 will
 
 INTRODUCTORY CHAPTER. 35 
 
 will be settled on the third reading of the bill). 
 There should be no marginnl notes, nor any 
 erasures or interlineations, the same blanks or 
 void spaces must be left, as in the printed copies, 
 and the title of the bill should be indorsed on 
 the back sheet '. 
 
 The bill being printed, twelve prints should be 
 left with the door-keeper of the House, before 
 the bill is presented ; and when the House copy 
 has been prepared, a breviate, that is, a short ex- 
 tradt thereof, should be made for the Speaker. 
 The order of leave to bring in the bill, may be 
 obtained at Mr. Dorrington's office j and that, 
 as well as the breviate, is to be indorsed. The 
 House copy, breviate, and order of leave, with 
 two of the printed bills, should then be given to 
 one of the members named in the order, to pre- 
 sen-t to the House. 
 
 If it should be inconvenient to all the members 
 named 'in the order, to attend on any particular 
 day on which the parties may wish to have the 
 bill presented, any other member will be allowed 
 to present the bill, having first made a motion in 
 the House, that he may be: added to the gentle- 
 
 1 Sce'26C.J. 145 ; 29 C.J. 926; 30 C.J. 600, 6,-3; 31 
 C.J. 75, 261 ; 33 C.J. 227, 674. The House copy of the 
 bill, arid the prints, must be ro;ide striftly conformable to the 
 pradice of the House ; and it is usual for the solicitor's par- 
 liamentary agent to prepare them, and also the breviate for the 
 Speaker. 
 
 p z men
 
 36 INTRODUCTORY CHAPTER. 
 
 men who are appointed to prepare and bring in 
 the bill in question, which is ordered of course ; 
 and then he may immediately present the bill to 
 the House ; but if a bill should be presented by a 
 member not named in the order, without such 
 leave, in case the irregularity be discovered, the 
 bill will be ordered to be withdrawn. — See 33 
 C. J. 255. 
 
 Having presented the bill, the member moves 
 to have it read a first time, which is ordered of 
 course. The House bill then remains with the 
 clerk of the House, until it is ordered to be com- 
 mitted. 
 
 " On the 15th January 1697 — It is ordered, 
 that upon the first reading of every private 
 bill, a time be appointed for a second read- 
 ing thereof." 
 Any member may oppose the introduftion of a 
 bill, or the bill itself at any of the readings; and 
 when that is the case, the sense of the House is 
 taken upon the bill ; and if the opposition suc- 
 ceedj the bill must be dropped for that session, as 
 it must also, if opposed with success in any of the 
 subsequent stages^: But where any particular 
 clause or words have been inserted in a bill, as an 
 amendment by the House, in any other subse- 
 
 j See reasons entered in ^^^ C.J. 726, for permitting a bilt 
 to be brought in the same sessions, relative to matters for 
 which they had before passed a bill which was not agreed ta 
 by the Lords. Vide also a protest entered in 15 L.J. 90. 
 
 quent
 
 INTRODUCTORY CHAPTER, 37. 
 
 quent stage of the hill, the sense of the House 
 may again be taken upon the same clause, or 
 words, and they may be left out ; because every 
 stage of a bill submits the whole and every part of 
 it to the opinion of the House j and this being 
 the known order of the House, there can be no 
 surprize upon any person whatever. And this 
 seems to be the better opinion, and confirmed by 
 precedents, (though there are precedents cont/, 
 as well as ace.'), that in every stage of a bill, 
 every part of the bill is open to amendment, 
 either for insertion or omission, whether the same 
 amendment has been in a former stage accepted 
 or rejected "*. 
 
 " On the I St June 1610 — Agreed for a rule, 
 that no bill of the same substance can be 
 brought in the same session." 
 
 The substance of the rule laid down in the 2d 
 L.J. 435, and stated in 2 Hats. 118, is — That a 
 bill beino brouoht into the House and afterwards 
 
 o p 
 
 •^ Vide 2 2 C.J. I ^6, where a clause was offered on the third 
 reading of a navigation bill ; but it appearing that the same 
 clause was originally in the bill, but left out by an amend. 
 mcnt made by the committee, the clause was withdrawn. 
 
 Vide 27 C.J. 235, 245, the same questions on the report 
 and 3d reading of a road bill; 23 C.J. 336, words are left out 
 on the third reading of a bill,- which ^re expressed to have 
 been inserted by an amendment made by the House to the bill. 
 In 2 Hats. 124., several other similar precedents are collec'ted, 
 
 " 2 Hats. 128, in notes. 
 
 D 5 rejedcd,
 
 ^8 INTRODUCTORY CHAPTER. 
 
 rejcdted, another bill of the same argument and 
 matter may not be renewed in the same House 
 in the same session; but if a bill begun in one 
 House, be disliked and refused in the other, a 
 new bill of the same matter may be drawn and 
 begun again in that Flouse whercunto it was sent; 
 and if, a bill being begun in either House, and 
 committed, it be thought by the committees that 
 the matter may be better proceeded in by a new 
 bill, it is likewise holden agreeable to order, in 
 such case, to draw a new bill, and bring it into 
 the House". 
 
 In Grey's Debates, vol. ii. p. 389, it is said, 
 that if a bill be rejected by a question, nothing of 
 the same nature can be brought in again the same 
 session ; but you may withdraw the bill, in order 
 to bring in another upon debate. 
 
 And the praftice seems now to be, whcna bill 
 is not properly piepared, for a member to notice 
 it in the House, and move for the order resped- 
 ing it to b.e discharged, that the bill may be with- 
 drawn, and for leave to present a proper bill in 
 the stead thereof. 
 
 No private person pan be heard against a bill, 
 until a petition for thq,t purpose has been present- 
 ed to the House, and an order made in pursuance 
 
 " Vide 26 C.J. 758, an estate bill from the Lords read 
 pncc, and laid aside ; and another bill, with the very same 
 title, ordered immediately. See post, title, "Amendments." 
 In such cases, no fresh fees are paid. 
 
 thereof.
 
 INTRODUCTORY CHAPTER. 39 
 
 thereof. When any opposition is expedled, ia 
 order to defeat that opposition, the attendance of 
 as many members as possible should be procured 
 in every stage of the bill. 
 
 When the principle of a bill is opposed, this is 
 the proper stage to present a petition against it ; 
 and the petition is generally ordered to lie on the 
 table till the second reading of the bill ; and an 
 order is also made for the parties to be at liberty 
 to be heard by their counsel against the bill, at 
 the time appointed for the second reading. 
 
 In all cases where the King is interested as a 
 party in any bill depending in either House of 
 Parliament, either as patron of a living, or lord 
 of the manor or soil, or in any other way, a print 
 of such bill should be left at the Treasury, or with 
 one of his Majesty's Secretaries of State, that the 
 consent of the Crown may be procured j and if 
 the property and interests thereof be properly se- 
 cured, or an adequate compensation proposed to 
 be made for them, it is usual for the Chancellor 
 of the Exchequer, or some other member ap- 
 pointed by his Majesty, to acquaint the House, in 
 the course of the bill (generally on the second or 
 third reading), " That his Majesty having been 
 informed of the purport of the said bill, gives his 
 consent, as far as his Majesty's interest is concern- 
 ed, and that the House may do therein as they 
 shall think fit °." 
 
 "• 2 Hats. 336. 
 
 p 4 Until
 
 4© INTRODUCTORY CHAPTER. 
 
 Until his Majesty's consent has been signified 
 as above, the bill cannot pass j and therefore the 
 sooner his Majesty's pleasure can be made known, 
 the better. His Majesty's consent must be again 
 signified by the Lord Chancellor, or one of the 
 Secretaries of State in the House of Lords, and. 
 so, vice versa, when a bill originates with the 
 Lords. 
 
 AT THE LORDS. 
 
 SECOND READING. 
 
 *' Die Veneris, i6 Novembris 1705 — It is or- 
 dered by the Lords Spiritual and Temporal 
 in Parliament assembled, that for the future 
 no private bill shall be read in this House a 
 second time, until printed copies thereof be 
 left with the clerk of the Parliaments, for 
 the perusal of the Lords : And that one of 
 the said copies shall be delivered to every 
 person as shall be concerned in the said bill, 
 before the meeting of the committee upon 
 such bill ; a^d in case of infancy, to be de- 
 livered to the guardian, or next relation of 
 full age, not concerned in interest, or in the 
 passing of the said bill : And that this order 
 be added to the roll of standing orders, and 
 printed and published, to the end all persons 
 concerned may take notice thereof." 
 
 When the bill is printed, twelve prints should be 
 
 left.
 
 INTRODUCTORY CHAPTER. 41 
 
 !fft at the Parllamcnt-ofHce, or at the House of 
 Lords, to be laid on the table ; and if the bill be 
 printed soon enough, and there be no opposition 
 to it, it may be read a second time the day fol- 
 lowing the first reading, by applying to a Lord to 
 move for that purpose. 
 
 When a petition has been presented, praying to 
 be heard by counsel against the bill, and an order 
 has been made for that purpose, counsel should 
 attend at the House of Lords on the day appoint- 
 ed for the second reading 3 and they will be called 
 to the bar to be heard against the bill. After the 
 second reading of a bill, if it be the opinion of the 
 majority of the Lords present, that the bill should 
 be committed, it will be committed, in particu- 
 lar cases, to a committee of the whole House, but 
 more usually to a select committee, which is ge- 
 nerally formed of the Lords then present ; so that 
 it is advisable to procure the attendance of such 
 Lords on the second reading, as are proposed to 
 form the committee j otherwise, in order to give 
 any Lords who were not present on the second 
 reading, a voice in the committee, theHouse must 
 be moved, " that all the Lords who have attended 
 in the then session, be added to the commit- 
 tee," or *' that the original order of commitment 
 be waived, and that the bill be committed to all 
 the Lords who have attended in the then present 
 session." Request being made to a Lord for that 
 purpose, he will get the bill committed for any 
 
 parti-
 
 4* INTRODUCTORY CHAPTER. 
 
 particular day that may best suit all parties ; and 
 should any thing prevent the meeting of the 
 committee on the day appointed, the committee 
 may sit on any subsequent day. 
 
 The fees payable upon all bills, are due oji the 
 second reading thereof; and the officers of the 
 House have a right to withhold a bill from being 
 read a second time, until the fees are paid, or 
 some person is answerable for the paying of 
 them P. 
 
 Previous to the meeting of the committee, 
 every person who is to give evidence before the 
 committee, must be sworn at the bar of the 
 House of Lords ; and for this purpose the same 
 steps are to be taken, as are pointed out for the 
 swearing of witnesses to give evidence before the 
 judges ; but no certificate of their having been 
 sworn is required. 
 
 ^ See in L. J. 22 v. 628, a list of fees payable to the offi. 
 <Kers of that House for every private bill. 
 
 Vide 13 C.J. 25^} 3 table of fees payable on the passing 
 of private bills in the House of Commons: also standing order 
 of 24th June 1 801. 
 
 Vide 28 L.J. 520, and 26 C.J. 278, the rule observed 
 in ascertaining the quantum of fees due for each particular 
 bin. 
 
 Vide in 2 Hats. 268, a colleftion of bills that paid fees, 
 tliongh public in their operation. 
 
 10 C. J. 290, Sir Thomas Armstrong's bill ordered to pass 
 without paying fees. 
 
 BOU S S'
 
 INTRODUCTORY CHAPTER. 43 
 
 HOUSE OF COMMONS. 
 
 SECOND READING. 
 
 '* On the 24th November 1699 — Ordered, 
 That there be three days between the several 
 readings of r.ll private bills. — On the 15th 
 February 1 700, this is declared to be a 
 standing order : And is repeated on the 
 18th January 1708." — (Does not extend to. 
 Ireland.) 
 This order is construed to be an interval of 
 thcee complete days, exclusive of the days of 
 reading. 
 
 *' On the 30th June 1801 — Resolved, That 
 there be twenty- one days at least, between 
 the first and second reading of every private 
 bill relating to Ireland.'''' 
 *' On the 13th June 1751 — The House agreed 
 to a resolution reported from a committee 
 on the 4th June, That no bill, or clause, for 
 the particular interest or benefit of any per- 
 son or persons, county or counties, corpora- 
 tion or corporations, or body or bodies of 
 people, shall be read a second time, unless 
 fees be ])aid for the same. And this is or- 
 dered to be printed, and hung up in the 
 lobby, with the table of fees'\" 
 
 fl Vide C. J. 27th June 1607; 7th February 1661; 6tb 
 May 1664; 17th May 1689; 21st May 1702* 
 
 Oa
 
 44- INTRODUCTORY CHAPTER.. 
 
 On the SL^cond reading, if there be no success- 
 ful opposition, the bill will be committed, and^ 
 the committee clerk will affix in the lobby the 
 notice which is required by the standing order 
 inserted under the head Committee. As soon as 
 the bill is committed, a list of the members to 
 whom it is so committed, should be obtained 
 from the committee clerk by the solicitor, and 
 application should be made by him to some or all 
 of them, as the particular circumstances of the 
 case may require, requesting them to attend the 
 committee. If the committee should be fixed 
 for a time when it will be inconvenient for any of 
 the parties interested to attend, it may be deferred 
 to a future day, that will better suit the con- 
 venience of all parties ; but in this case a reason- 
 able notice w-hen the committee- will sit, should 
 be given to all persons who intend to o{)pose the 
 
 bill. 
 
 In this stage petitions may be preferred to the 
 House by parties concerned in the consequences 
 of a bill, for leave to be heard by themselves or 
 agents against such parts of the bill as affe(ft 
 their rights and interests, or that some particular 
 provisions may be made in the bill on their ac- 
 count : and such petitions are generally referred 
 to the committee to whom the bill stands re- 
 ferred, unless the provisions prayed for be of a 
 nature that require the petition should be first 
 considered by a committee, agreeable to the 
 
 standing
 
 INTRODUCTORY CHAPTER. 45 
 
 Standing order of the 28th February 1734' ; and 
 then, upon the report of the comniittee on such 
 petition, the House will, if it be right and pro- 
 per so to do, order, " That it be an instrudion 
 to the committee to whom the bill is com- 
 mitted, to make the provisions prayed for in the 
 petition." 
 
 Only those particular members named in the 
 order of commitment, will have a voice at the 
 committee on the bill, unless the House be moved 
 " that all members who come to the committee 
 have voices," and an order be made accordingly. 
 This order is generally applied for, and made, 
 when a bill is opposed. 
 
 COMMITTEE AT THE LORDS. 
 
 A committee of the whole House is composed 
 of every member present ; and in order to form 
 it (another Lord being appointed chairman), the 
 Speaker quits the woolsack, and may sit and de- 
 bate as a private member. There must be five 
 Lords to make a seled committee ; and any Lord 
 may be present at any such selecl committee, but 
 is not to give his voice, unless he be named to be 
 of the committee'. 
 
 Bills are referred to committees, that the sub- 
 ject matter of the bill may have the most full 
 and free discussion, and particularly for the pur- 
 
 ' In p. 23, ante. 
 
 * 4 Hats. 124, in notes. Lex Parliara. 332. 
 
 pose
 
 40 INTRODUCTORY CHAPTER. 
 
 pose of consieiering whether any, and what, al 
 terations or amendments are necessary to be 
 made in the form of the bill -, and consequently 
 this is the most proper stage of the bill to offer 
 such alterations or amendments as may be thought 
 requisite for effectuating the purposes of the bill, 
 or for guarding the interests of certain 'persons 
 who might be unjustly affecled by the bill, un- 
 less some particular provisions or exemptions were 
 to be inserted. The committee are first to read 
 the bill, then to consider the same by parts. The 
 preamble is usually considered after the other 
 parts of the bill, because upon consideration of 
 the body of the bill, such alterations may be 
 made therein, as may also occasion the alteration 
 of the preamble. 
 
 The witnesses necessary to support the allega- 
 tions of the bill, having been previously sworn 
 at the bar of the House, must attend at the com- 
 mittee to be examined and give their evidence. 
 The manner of compelling involuntary witnesses 
 to attepd, has been already pointed out'. If 
 " any persons have petitioned for the Insertion of 
 particular provisions in a bill on their behalf, or 
 have petitioned against any particular parts of the 
 bill, and such petitions have been referred to the 
 committee on the bill, they should attend at the 
 committee to be heard on their petitions. 
 
 * Vide 31 L.J. 590, witness ordered to attend a com- 
 mittee, and produce papers. See ante, p. ig, 20. 
 
 The
 
 INTRODUCTORY CHAPTER. 47 
 
 The committee may not erase, interline, or 
 blot the bill itself ; but must in a paper by itseli 
 set down the amendments in this manner, in 
 such a folio, and such a line, between such a word 
 and such a word, or after such a word, insert these 
 words, or omit these words: And every additional 
 clause which is intended to be proposed, should 
 be written on a separate sheet of paper, properly 
 indorsed and ticketed ". 
 
 When the amendments are all perfected, every 
 one being voted singly, all of them are to be 
 read at the committee, and put to the question, 
 *' Whether the same shall be reported to the 
 House ?" When the vote is to be put, any 
 member of the committee may move to add to 
 those amendments, or to amend any part of the 
 bill. After the bill with the amendments, are 
 gone through, if any clause is intended to be 
 added, it should then be proposed. If the vote 
 of the committee pass for reporting the amend- 
 ments to the House, then the chairman of the 
 committee is appointed to make the report ; and 
 when that has been done, the committee is dis- 
 solved, and can aft no more without a new power; 
 but where a committee have not time to examine 
 the bill fully at the first sitting, it may be ad- 
 journed, and meet again on a future day. 
 
 The committee clerk prepares the report, and 
 paper of amendments to be made to the House, 
 
 " Lex Parliara. 333. 
 
 and
 
 48 INTRODUCTORY CHAPTER. 
 
 and the solicitor for the biJl should attend at the? 
 Parhament-oflice to examine them, before the 
 report is made to the House. 
 
 COMMITTEE AT THE COMMONS. 
 
 '* On the 24th November 1699 — Ordered, 
 That the chairman of the committee for any 
 private bill do not sit thereupon, without a 
 week's public notice thereof set up in the 
 lobby. — On the 15th February 1700, this 
 is declared to be a standing order : And is 
 repeated on the 18th January 1708 '." 
 As the committee is appointed to meet in the 
 afternoon of the day on which the bill is com- 
 mitted, it has been sometimes the pradice to sit 
 on that day sc'nnight, in which case the notice 
 should be affixed on the evening of the day the 
 bill, is committed ". 
 
 ** On the 15th January 1703 — Ordered, That 
 all persons concerned in interest in private 
 bills, in case they are able, do personally 
 attend the committee, to give their con- 
 sents ; and if they are not able personally to 
 
 "^ Vide C.J. where leave has been given to selcft com- 
 mittees to sit sooner than allowed by the standing orders, 
 l8v. 470, 596; zo V. 328,329; 21 V. 326; 25 V. 183,, 
 654 ; 26 V. 1015 ; 2S V. 272, 5S9, 597, 923, 924; 29 V. 
 1050; 31 V. 390, 6^6; 32 V. 873, on account of the ill 
 health of a witness ; 3$ v, 346, 632, 782. 
 
 " Vide order, i C.j. 468. 
 
 attend.
 
 INTRODUCTORY CHAPTER. 49 
 
 attend, that they give certificates of their 
 consent, to be proved by one or more wit- 
 nesses before the committee," — This order 
 does not extend to Ireland. 
 " On the 30th June 1 801— Resolved, That all 
 persons concerned in interest in private bills, 
 relating to that part of the united kingdom 
 called Inland^ do personally attend the com- 
 mittee to give their consents, or do signify 
 the same to one of the judges of that part 
 of the united kingdom, whose certificate 
 shall be taken as proof of such consent; un- 
 less the committee to whom any petition or 
 private bill shall be referred, shall otherwise 
 order." 
 " On the 30th June 1801 — Resolved, That in 
 all private bills relating to that part of the 
 united kingdom called Ireland^ the notices 
 required by the standing orders of this 
 House, and the allegations in the preamble 
 of such bills, may be proved before any 
 judge of that part of the united kingdom, 
 whose certificate shall be admitted as evi- 
 dence of such proof having been made, un- 
 less the committee to whom any petition or 
 private bill shall be referred, shall otherwise 
 order." 
 i2th April 1604 — Upon a motion made, touch- 
 ing the slow proceeding and dispatch of such bills 
 and business, as were depending in the House, 
 
 E which
 
 50 INTRODUCTORY CHAPTER. 
 
 which grew (as was said) by the non-attendance 
 of the committees, it was 
 
 " Ordered, That if eight of any committee do 
 assemble, they might proceed to a resolu- 
 tion in any business of the House." 
 
 To form a committee of the whole House, 
 there must be forty members present, and the 
 Speaker quits the chair, and votes like any other 
 member. At a scled committee, when eight 
 members have assembled, the bill may be pro- 
 ceeded with. 
 
 At a committee, petitioners are, by the rules 
 of the Plouse, to be heard only against particular 
 clauses and provisions in the bill, and will not be 
 permitted to offer any reasons against the prin- 
 ciple of the bill ''. 
 
 In these committees, the bill is debated clause 
 by clause, and after all parties concerned have 
 been heard, the blanks left for the precise date 
 of times, the nature and quantity of penalties, 
 or of any sum of money to be raised, are settled 
 and filled up, and such alterations and amend- 
 ments as are thought necessary, are made to the 
 bill. After the committee has gone through the 
 bill, the chairman of the committee is diredled 
 to report it to the House. This House does not 
 examine the witnesses upon oath^', but in all other 
 
 " Vide 26 C.J. 217, 933. 
 
 y See 2 Hats. 144 and seq. whether the House of Com- 
 mons have power to administer an omh. 
 
 respefts,
 
 INTRODUCTORY CHAPTER. ^1 
 
 rcspedls, what has been said under the head com- 
 mittee in the Lords, is applicable to proceedings 
 in this House. 
 
 When a necessary witness refuses to attend the 
 committee, one of the members of the committee 
 should move in the House, that the committee 
 may have power to send for persons, papers, and 
 records ; and when such an order has been made, 
 the chairman of the committee will sign an order 
 for the person whose attendance is required, to at- 
 tend and give evidence before the committee. 
 
 When the committee clerk has prepared the 
 report and paper of amendments, to be reported 
 to the House, tlie solicitor for the bill should 
 attend to examine the report with the House bill, 
 and see that all the amendments agreed upon at 
 the committee are corredly made out. All new 
 clauses that are added by the committee, should 
 be copied on separate sheets of paper, and not 
 inserted in the report, as amendments made by 
 the committee in the body of the bill. See 21 
 C. J. 570, where a report was withdrawn to recflify 
 a mistake in this respedt. — See also 19 C.J. 54, a 
 report on a road bill, re-committed on account of 
 mistakes in the amendments. 
 
 REPORT FROM SELECT COMMITTEES 
 
 AT THE LORDS. 
 
 " Die Sabbati 5 Aprilis 1707 — It is ordered by 
 the Lords Spiritual and Temporal in Parlia- 
 
 E 2 ment
 
 52 INTRODUCTORY CHAPTER. 
 
 mcnt assembled. That on all reports made 
 from committees, of amendments to bills, for 
 the future, the Lord that makes the report, do 
 explain to the House the effecl' and coherence 
 of each amendment j and that on the clerk'j 
 second reading of the same amendments, the 
 Lord on the woolsack do the same : And this 
 to be added to the roll of standing orders." 
 As soon as the report has been prepared by the 
 committee clerk, the chairman of the committee 
 will report to the House the bill with the amend- 
 ments, (if any) ; and if there be no amendments 
 made to the bill, the chairman generally makes 
 the report to the House the same day on which 
 the committee have sat. 
 
 REPORT FROM SELECT COMMITTEES 
 
 AT THE COMMONS. 
 
 " On the 31st of March 1699 — Ordered, That 
 the chairman of the committee, upon the re- 
 port of every private bill, do acquaint the 
 House, that the allegations of the bill have 
 been examined, and that the parties concern- 
 ed have given their consent to the satisfac- 
 tion of the committee ; and that the same 
 be a standing order of the House." — Not ex- 
 tended to Ireland. 
 
 " On the 24th November 1699 — Ordered, 
 That the chairman do acquaint the House, 
 whether the allegations of the bill have been 
 
 examined,
 
 INTRODUCTORY CHAPTER. 53 
 
 examined, and the parties concerned have 
 given their consents to the satisfadlion of the 
 committee. And this is declared to be a 
 standing order on the 15th February 1700; 
 and is renewed on the i8th January 1708." 
 The report being prepared by the committee 
 clerk, and examined by the solicitor, the chair- 
 man of the committee should be applied to, and 
 he will report to the House the bill with the 
 amendments ; and if the same are agreed to, the 
 bill with the amendments will be ordered to be 
 ingrossed. 
 
 When a bill has been ordered in immediately 
 on presenting a petition, and the report from the 
 committee states that the standing orders of the 
 House relating to notices have not been com- 
 plied with, the House sometimes orders notices 
 to be given forthwith j and in that case the notices 
 must be given, and a petition presented in the 
 manner before stated, under title, " Petitions re* 
 ferred to Committees \" 
 
 On the report, amendments are sometimes 
 made to the bill, but the House will not enlarge 
 the times or dates appointed by the bill for effec- 
 tuating any purpose, nor increase the penalties, 
 though it will occasionally shorten the dates, and 
 lessen the penalties, without re-committing the 
 bill ; but this is seldom applied for : Therefore 
 when such, or any other material alterations are 
 wished to be made in the bill after it has gone 
 
 * Vide pp. 27, 28, ante, 
 
 E 3 through
 
 54 INTRODUCTORY CHAPTER. 
 
 through a committee, tjjc bill should be reported j 
 and the House, on being iniormed by the mem- 
 ber who makes the report, that it will be necessary 
 to make some further alterations in the bill, it 
 will be re-committed for that purposed 
 
 Ttie House have been very cautious not to re- 
 ceive a clause in which any pecuniary fine is im- 
 posed, on the report, the Speaker being in the 
 chair, but to commit such clause to a committee 
 of the whole House ' ; or, if that is thought in- 
 convenient, to re-commit the bill to the com- 
 mittee from whence it was reported, that the im- 
 posing such pecuniary fines might at least receive 
 the consideration and sanction both of a com- 
 mitttee and of the House. 
 
 If the House be not satisfied with the report, 
 or are of opinion that the subjedl has not been 
 sufficiently canvassed, they will sometimes re- 
 commit it, or some part of it, for the purpose of 
 receiving more accurate information, or more 
 narrowly inquiring into the nature and expediency 
 of the measure proposed^. 
 
 See 26 C.J. 217, 933, where a second petition 
 
 against a bill was presented to the House, on the 
 
 report of the bill from the committee (the parties 
 
 not having been permitted to assign their reasons 
 
 against the bill before the committee), and an 
 
 order made for the petitioners to be heard on the 
 
 third readino of the bill. 
 
 '^ 27 C.J. 501. 
 
 ' 24 C.J. 796J 39C.J. 951. 
 
 ^ 3 Hats. 158 ; 26 C.J. 51 ; 30 v. 720.
 
 INTRODUCTORY CHAPTER. 55 
 
 AT THE LORDS. 
 
 THIRD READING OF THE INGR0S5ED BILL. 
 
 When the ingrossment is prepared, the solici- 
 tor should attend at the Parliament-office in 
 Abingdon- street, to examine it. Great care should 
 be taken, that it is verbatim the same with the 
 House bill, and amendments, if any be made to 
 it. The ingrossment should then be laid on the 
 table, and some Lord should be requested to 
 move to have it read a third time ; and if any 
 amendments or clauses are desired to be added, 
 the solicitor should prepare them, and request a 
 Lord to propose them to the House. The bill 
 is then read a third time, and the question will be 
 put, Whether the bill shall pass ? And if resolved 
 in the affirmative, two masters in Chancery will 
 be ordered to carry it to the House of Commons, 
 to desire their concurrence to it, unless the bill 
 originated with the Commons -, in that case, 
 it remains in the Lords' House, to wait the 
 Royal Assent j and a message is sent by two mas- 
 ters in Chancery to the House of Commons, to 
 inform them tliat the Lords have agreed to the 
 bill. 
 
 If the Lords make any amendments to a bill 
 that originates with the Commons, the bill itself, 
 with the amendments, is returned to them for 
 
 E 4 their
 
 ^6 INTRODUCTORY CHAPTER. 
 
 their concurrence j and if the Lords' amendments 
 are agreed to, the Commons will return the bill 
 again to the Lords, to wait the Royal Assent. 
 
 AT THE COMMONS. 
 
 THIRD READING OF THE INGROSSED BILL. 
 
 When a bill originates at the Lords, it is gene- 
 rally read a third time in this House the same day 
 it is reported ; and a member is ordered to carry 
 it to the Lords, to inform them that the House 
 has agreed to the bill, either with or without 
 amendments, as the case may happen to be. 
 
 When a bill originates at the Commons, after 
 the House has ordered it to be ingrossed, the soli- 
 citor should attend, to examine the ingrossment 
 before it is laid on the table ; and if it be neces- 
 sary to make amendments in this stage of the 
 bill, the solicitor should prepare a paper of amend- 
 ments, referring to the presses and lines in the 
 ingrossment ; or if a new clause is to be added, it 
 must be ingrossed on parchment, with proper 
 blanks, and given to a member to offer to the 
 House ; and in case the House agree to the 
 amendments and new clause, the bill will be 
 altered by the clerk at the table, and the ingross- 
 ed clause, which is then called a rider, will be 
 tacked to the bill' : But if the clause intended to 
 
 * 26 CJ. 216, 
 
 55
 
 INTRODUCTORY CHAPTER. 57 
 
 bt added to the bill is to contain a pecuniary fine, 
 after the clause has been read twice, the pradice 
 i-s, to commit it to a committee of the whole 
 House, and to fill up the blanks with the sum to 
 be paid ; and as soon as the Speaker resumes the 
 chair, the clause is reported, read a third time, 
 and agreed to"*. 
 
 The bill having been read a third time, the ti- 
 tle of it is then settled; and when it is intended 
 to be varied from that which is indorsed on the 
 House copy, the new title should be written on a 
 sheet of paper, and laid upon the table with the 
 ingrossed bill ; and the member who has the cars 
 of the bill in the House, should be requested to 
 propose it. After the new title has been agreed 
 to by the House, the ingrossed bill should be 
 taken to the Ingrossing-office, to have the title 
 indorsed upon it ; and when that has been done, 
 it must be returned to the House, to be signed by 
 the clerk. The ingrossed bill being signed by 
 the clerk, a member will be ordered to carry 
 it to the Lords, to desire their concurrence 
 to it ; and on the same or some subsequent 
 day, such member, attended by seven other 
 members, will carry it to the bar of the House 
 of Lords, and there deliver it to their Speak- 
 er, who comes down from his woolsack to 
 receive it; and it is usual to read the bill a 
 ^rst time in that House, immediately upon its 
 
 ^ See remarks ante, head, *< Report," p. 3^4. 
 
 being
 
 58 I'NTRODUCTORY CHAPTER. 
 
 being received. The bill then goes through all 
 the same forms in the House of Lords (except 
 being ingrossed afresh), and remains with the 
 Lords, to wait the Royal Assent, unless the Lords 
 make amendments to the bill, and in that case it 
 must be returned to the Commons, for their con- 
 currence. • 
 
 AMENDMENTS. 
 
 Though, generally speaking, cither House may 
 make amendments to ingrossed bills sent to them 
 from the other, yet if the Lords shorten' or ex- 
 tend^ the time, or alter the manner appointed 
 for colleding^ any sum of money, or alier the 
 manner in which such money is to be ap- 
 plied*', or subject any person to*, or exempt any 
 from\ the payment of tolls '% or alter the sum to 
 be raised or colleded', or alter the names of the 
 persons, commissioners or colle<5lors'", appointed 
 to manage any toll or rate, or add to, or diminish 
 
 • 16C.J. 37^ 
 ^ 10 C.J. 238. 
 
 <5 8 C,J, 112, as to exclusive right in the Commons to 
 name commissioners in bills that charge the people. Ibid. 169. 
 ^ i; C.J. 649. 
 
 * 8 C.J. 435; 45 V. 513. 
 
 J 15 C.J. 355; io V. 859. 
 
 ^ 8 C.J. 316. 
 
 ' 9 C.J. 235:. 
 
 « loCJ. 133, 780; 39 V. 693. 
 
 from.
 
 INTRODUCTORY CHAPTER. 59 
 
 from", any sum infliftcd as a penalty, or insert a 
 new clause which inflicfls a penalty", or alter the 
 application or distribution of a pecuniary penalty ^ 
 it seems the House of Commons cannot, con- 
 sistent with its forms, proceed further in the bill ; 
 but the House is at liberty, and it is according 
 to order, to give leave to bring in a new bill, 
 agreeable to the opinion of the House on the 
 subjed : And this without a petition h^'mg pre- 
 sented for that purposed In all other parts and 
 clauses of such bill not relative to any of the 
 above matters, the Commons have not objefted 
 to the Lords making alterations or amendments'. 
 When either House does not agree to the 
 amendments made by the other, a conference 
 usually follows between certain members deputed 
 from each House, who for the most part settle 
 and adjust the difference} but if both Houses re- 
 main inflexible, the bill is dropped. 
 
 ROYAL ASSENT. 
 
 When a bill has received the sandion of both 
 Houses, it is deposited in the House of Lords, to 
 
 " 14 CJ. 76. 
 
 • ioC.j.534; 33 V. g;4, p. 4, ante. 
 
 P 10 C.J. 693. 
 
 ^ Vide p. 38, ante. 
 
 " 3 Hats. 138, g, 140, and title, ** Supply," passim. Vide 
 in 37 C.J. 82c, report of precedents of amendments made by 
 the Lords to bills of Inclosure, colleded by a committee. 
 
 wait
 
 60 INTRODUCTORY CHAPTER. 
 
 wait the Royal Assent, which may be given two 
 ways. 
 
 ij/, In person. The King coming to the House 
 of Peers in his crown and royal robes, and send- 
 ing for the Commons to the bar, the title of the 
 bill is read by the clerk of the crown, and the 
 King's answer is declared by the clerk of the Par- 
 liament in Norman French. 
 
 2^/y, By the statute 33 of HenryVIII. c. 21, 
 the King may give his assent by letters patent 
 under his great seal, signed with his hand, and 
 notified in his absence to the Lords Spiritual and 
 Temporal and to the Commons, assembled toge- 
 o-ether in the High House : And when the bill 
 has received the Royal Assent in cither of these 
 ways, it is then, and not before, a Statute or afl 
 of Parliament. 
 
 Formerly every statute began to have efFe(fV, 
 unless a particular time for its commencement 
 was therein mentioned, from the first day of that 
 session of Parliament in which it was made. 
 I Rol. Abr. 465 ; 4 Inst. 25, 27. But now, by 
 the statute 33 Geo. ill. it is enacted, that when 
 the operation of an acl of Parliament is not di- 
 rected to commence from any time therein speci- 
 fied, the clerk of the Parliament shall indorse 
 upon it the day on which it receives the Royal 
 Assent ; and that day shall be the date of its 
 commencement. 
 
 Though it will not be necessary for our present 
 
 purpose,
 
 INTRODUCTORY CHAPTER. 6l 
 
 purpose, to enter into a detail of the manner in 
 which Parliament may be adjourned and pro- 
 rogued, or to state the different ways in which it 
 may be dissolved', yet it may not be irrelative to 
 our subjed', to state briefly what maketh a session 
 of Parliament, and the effeft and operation of a 
 prorogation, adjournment, or dissolution, on the 
 proceedings upon private bills. 
 
 I J/, The passing of any bill or bills, by giving 
 the Royal Assent thereunto, or the giving any 
 judgment in Parliament, doth not make a session, 
 but the session doth continue until that session be 
 prorogued or dissolved. 4 Inst. 27^2 Hats. 329. 
 
 2.dlyy The diversity between a prorogation and 
 an adjournment, or continuance of the Parhament 
 is, that by the prorogation in open court, there is 
 a session; and then such bills as passed in either 
 House or both Houses, and had no Royal Assent 
 to them, must at the next assembly be begun de 
 novo; for every several session of Parliament is in law 
 a several Parliament ; but if it be but adjourned or 
 continued, then there is no session ; and conse- 
 quently all things continue in the same state they 
 were in before the adjournment. 4 Inst. 27. 
 
 * The reader is referred to Mr. Hastcl's 2 vol. of Prece- 
 dents, where this subjeft is elaborately discussed. See also 
 5 Com. Digest, title, << Parliament." 
 
 Sec
 
 6l INTRODUCTORY CHAPTER, 
 
 See a standing order of the House of Commons, 
 9th April 1772, 33C.J. 678, relating to bills re- 
 spedling Trade, 
 
 Another standing order of the 30th April 1772, 
 23 C.J. 714, relating to bills respecting Religion. 
 
 See standing orders of the House relating to 
 applications for Public Money y 11th June 1713, 
 17 C.J. 417 i 29th March 1707, 15 C.J. 367 i 
 25th March 1 7 15, 18 C.J. 23. 
 
 See 27 L.J. 338} 13 C.J. 512 i 26 C.J. 
 170, 797 i 27 C.J. 447, 537, 548 ; 28 C.J. 244, 
 251 ; where the protedion and privilege of the 
 House has been ordered for parties, during the 
 dependence of private bills in which they were in- 
 terested, or on which they were attending. 
 
 CHAP-
 
 [63 ] 
 
 CHAPTER I. 
 
 INCLOSURE AND DRAINAGE BILLS. 
 
 BILLS for dividing, inclosing, draining, or 
 exonerating from tithes any lands, fens, com- 
 mons, or waste grounds, or to confirm any divi- 
 sions or inclosures of lands made by agreement 
 between the parties, should originate in the House 
 of Commons ; and the first step to be taken towards 
 obtaining an ad for any of those purposes is, to 
 give notice of an intended application to Parlia- 
 ment, agreeable to the following resolutions of 
 the House. 
 
 NOTICES. 
 
 a 
 
 On the 15th April 1774 — Resolved, That be- 
 fore any petition is presented to the House 
 for inclosing, draining, or improving any 
 lands, fens, or commons, a printed or written 
 notice of such intended application to Par- 
 liament be affixed on the church-door of the 
 parish or parishes in which such lands, fens, 
 
 or
 
 64 INCLOSURE AND DRAINAGE, 
 
 or commons do lie% for three Sundays, in the 
 months of J^ ugust and September, or either 
 of them, immediately preceding the session 
 of Parhament in which such petition is to be 
 presented. On the 25th April 1774, this is 
 made a standing order/* 
 See precedents for Chapter I. in Appendix (a)* 
 As publicity is the object of these notices, it is 
 proper that the notices should be put up before 
 divine service is performed,^ where it can be done 
 without much inconvenience : But I apprehend 
 the order would be considered to have been com- 
 plied with, if the notices were affixed at any time 
 before the close of the evening on Sunday : And 
 though the House has prescribed no particular 
 form for them, it is right that the nature and ex- 
 tent of the lands intended to be inclosed, drained, 
 &:c. should be therein clearly defined. 
 
 The person who afilxes the notice on the church- 
 door, should keep a copy of it, as he will be call- 
 ed upon to prove before the committee, that the 
 above order has been complied with ; or in case 
 of an inclosure only, to make an affidavit before 
 two magistrates, that he saw the notice, which is 
 to be annexed to the affidavit, upon the church- 
 door for three Sundays, as above-mentioned. It 
 
 *• If any cottagers in the adjoining parish or parishes, have 
 
 a right of common on the lands to be inclosed, notices must 
 
 be affixed on the church-door of every such parish, 
 
 is
 
 IHCLOSURE AND DRAINAGE. 65 
 
 is not necessary to affix upon the church-door a 
 fresh notice every Sunday, unless the first be torn 
 or obliterated. Vide ante, p. 26, for observations 
 on previous notices. 
 
 PETITIOxV. 
 
 The due notices having been given in the 
 month of August and September, or one of thcrn, 
 a petition to the House for leave to bring in the 
 bill, may be prepared, and the signatures of two 
 or three of the principal proprietors obtained to it; 
 and perhaps it may be advisable to take the sig- 
 natures of as many proprietors as are willing to 
 sign, in order to prevent their being afterwards 
 seduced or influenced to oppose the bill; though 
 it must at the same time be remembered, that no 
 person who signs the petition, will be an admissi- 
 ble evidence in either House ; therefore no pro- 
 prietor, whose evidence may be thought necessary 
 to support the bill, should sign the petition**. 
 Application should be made to one of the mem- 
 bers for the county within which the parish is si- 
 tuated, to present the petition, and he should be 
 requested to take the care of the bill in the House. 
 
 Upon the petition's beiijg presented, if it be 
 merely to inclose lands, or to confirm an agree- 
 ment under which lands have been already in- 
 closed, leave will be given to bring in the bill, 
 which, if it be prepared and printed, may be 
 
 ^ See standing orders relating to petitions, ante, pp. 7, 8. 
 
 F brought
 
 « 
 
 66 l-^CtOSVKE AND DRAINAGE. 
 
 brought in the same day, and read a first time 
 (though it seems more decorous to wait till the 
 day following, unless it be towards the close of 
 the session) ; or it may be brought in afterwards, 
 at any time that is agreeable to the parties during 
 the session. 
 
 If the petition be for draining fens, &:c. it will 
 be referred to a select committee of members, who 
 are to examine the matters thereof, and report the 
 same to the House, before the bill can be brought 
 in. The proceedings in such cases have been before 
 stated ". 
 
 ** On the 15th November 1775 — Resolved, 
 That when any petition for inclosing, drain- 
 ing, or improving any lands, fens, or com- 
 mons, hath been presented to this House, 
 the committee to whom the said petition 
 shall be referred j or in case the said petition 
 shall not be referred to a committee, then 
 the committee to whom the bill for those 
 purposes shall be committed, do examine in 
 the first place, how far the orders contained 
 in the two resolutions of the 15th of April 
 
 1774, made standing orders on the 25th 
 April 1774'*, have been complied with ; and 
 the chairman of such committee shall report 
 the same to the House, on the report of such 
 petition or bill. On the 2 2d November 
 
 1775, this is made a standing order." 
 
 ' See p. 25, ante. 
 
 * See one order in p. 6^, ante ; the other p, 67. 
 
 SILL.
 
 INCLOSURE AND DRAINAGE. 67 
 
 BILL. 
 
 See an ad passed in the 41 Geo. IIL for con- 
 solidating in one ad certain provisions usually in- 
 serted in ads of inclosure, and for facilitating the 
 mode of proving the several fads usually required 
 on the passing of such ads. 
 
 In framing the bill, care must be taken to in- 
 sert the provisions which are required by the fol- 
 lowing standing orders to be made therein. 
 
 " On the 15th April 1774— Resolved, That 
 in all bills for inclosing lands or com- 
 mons, the names of the commissioners pro- 
 posed to be appointed, and the compensa- 
 tions intended for the lord of the manor, and 
 the owners of tithes, in lieu of their respec- 
 tive rights, where any bargains or agree- 
 ments have been 7nade for such compensa- 
 tions, be inserted in the copy of the bill pre- 
 sented to the House J and that all copies 
 of such bills, whether printed or written, 
 which shall be sent to any of the persons in- 
 terested in the said manor, tithes, lands, or 
 commons, for their consent, do contain the 
 names of such proposed commissioners, and 
 also such intended compensations. On the 
 25th April 1774, this is made a standing 
 order." 
 
 F 2 "On
 
 68 INCL03XJRE AND DRAINAGE. 
 
 " On the 30th June 1801 — Resolved, That 
 the three last foregoing resolutions be ad- 
 hered to." 
 "On the 27th April 1774 — Resolved, That in all 
 bills for inclosures, there be inserted a clause 
 compelling the commissioners to account for 
 all monies by them laid out and assessed on 
 the parties concerned in the said inclosures. 
 And this is made a standing order." 
 First order. — " On the 14th March 1781 — 
 Resolved, That in all bills for inclosing 
 lands or commons which shall be presented 
 to this House after this session of Parlia- 
 ment, provision be made for fencing out all 
 the public carriage-roads on each side from 
 the lands adjoining; and for preventing any 
 gate from being ere61:ed across any of the said 
 roads, or trees being planted on either side 
 of the said public roads, nearer to each other 
 than within the distance of fifty yards. And 
 this is made a standing order." 
 On the 14th March 1781 — Resolved, That 
 in all bills for inclosing lands or commons 
 which shall be presented to this House after 
 this session of Parliament, provision be made 
 for empowering and requiring the commis- 
 sioners named in such bills, to appoint one 
 or more surveyor or surveyors with a salary, 
 for the first forming and also putting into 
 
 good 
 
 *i
 
 INCLOSURE AND DRAINAGE. 69 
 
 good and sufficient repair the public carriage- 
 roads ; and for defraying the expence of 
 such salary and of such forming and repair 
 which shall be incurred over and above the 
 statute-duty, either by sale of a sufficient 
 portion of the said lands, or by a rate upon 
 the owners and proprietors of the lands so 
 inclosed within the said parish ; and for pre- 
 venting any charge or burthen being laid on 
 the inhabitants, not being owners or proprie- 
 tors of lands, towards the first forming, mak- 
 ing, and repairing the said roads, other than 
 the statute-duty, until the same shall by the 
 said commissioners, or the said surveyor or 
 surveyors, be certified before the justices at 
 their quarter-sessions for the county in which 
 such parish shall lie, to be completely formed 
 and made good j which certificate the said 
 commissioners, or the said surveyor or sur- 
 veyors, shall be obliged to deliver to the said 
 justices within two years after the award, or 
 give sufficient reasons for further allowance 
 of time not exceeding one other year, under 
 certain penalties to be specified in the said 
 bills respedively. And this is made a stand- 
 ing order." 
 
 N.B. This last order was repealed by an order 
 of the 30th June 1801. 
 
 " 3d March 1800 — Resolved, That in all bills of 
 jnclosure there be inserted a clause, compell- 
 
 p 3 ing
 
 7© INCLOSURE AND DRAINAGE. 
 
 ing the commissioners to keep at the office 
 of their clerk, a book of accounts, open at 
 all reasonable times during the progress of 
 the inciosure, and till the accounts are finally 
 settled, for the inspedtion of any of the pro- 
 prietors ; which book shall contain an entry 
 of the particulars pf all sums of money raised 
 or expended by virtue of any powers granted 
 by the act, under a penalty on such com- 
 missioners or their clerk, for neglecting or 
 refusing the same : And also a clause, pro- 
 viding that all monies to be raised under and 
 by virtue of the powers contained in such 
 a<5t, shall, as often, as the same shall amount 
 to the sum of 50I. be paid into the hands of 
 some banker, or of such other person or per- 
 sons, as shall be approved by a majority in 
 value, of such proprietors who shall be pre- 
 sent at the first meeting of the said com- 
 missioners; and in the notice of which meet- 
 ing shall be expressed the intention of then 
 appointing such banker, or such other per- 
 son or persons : And that no monies be 
 issued out of the hands of such banker, or 
 otlier 'person or persons, without an order of 
 the commissioners, specifying the person to 
 whom the same are payable, and the service 
 for which rhe same are due ; and that the 
 balance, if any, upon the final settlement of 
 accounts, shall be immediately repaid to the 
 
 land-
 
 INCLOSURE AND DRAINAGE. y t 
 
 land- owners, in proportion to the sums re- 
 sped ively 5)aid by them: And also a clause, 
 providing that the award shall be read and 
 executed by the commissioners, in the pre- 
 sence of the proprietors who may attend at a 
 special general meeting called for that pur- 
 pose, of which ten days notice at least shall 
 be given in some newspaper to be named, 
 circulating within the county , which exe- 
 cution of such award shall be proclaimed the 
 next Sunday in the parish- church, from the 
 time of which proclamation only, and not 
 before such award, shall be considered as 
 complete. And this is made a standing 
 order." 
 ♦'Die Mercurii, 7 Mail 1800 — Ordered by the 
 Lords Spiritual and Temporal in Parliament 
 assembled. That in any inclosure, road, 
 drainage, paving, dock, or navigation bill, 
 whenever any sum of money is under the 
 provisions of such ad to be paid for the 
 purchase or exchange of any lands, tene- 
 ments, or hereditaments, or which sum of 
 money ought to be laid out in the purchase 
 of other lands, tenements, or hereditaments 
 to be settled to the same uses, provisions 
 shall be made in the said bill, that such 
 sum of money, not being less than the sum 
 of 200I. be paid into the Bank of England, 
 in the name and with the privity of the Ac- 
 
 f 4 countant'
 
 7^ INCLOSURE AND DRAINAGE. 
 
 countant-Gcneral of the court ot Ciuincery, to 
 be placed to his account, ex parte the com- 
 missioners under such particular bill, or un- 
 der such other title as by the said bill shall 
 be dire<fted, pursuant to the method pre- 
 scribed by the act of the 12th year of King 
 George the First, c. 32, and the general 
 orders of the said court, and without fee or 
 reward ; and shall when so paid in, there re- 
 main until the same shall, by order of the 
 said court, upon a petition to be preferred 
 to the said court in a summary way, be ap- 
 plied either in the purchase of land-tax, or 
 towards the discharge of any debts or incum- 
 brances affecting the said lands, tenements 
 and hereditaments so purchased or ex- 
 changed j or until the same shall, upon the 
 like application, be laid out in a summary 
 way, by order of the said court, in tlie pur- 
 chase of other lands, tenements or heredita- 
 ments, to be settled to the like uses : And 
 in the mean time, and until such order can 
 be made, such money may, by order of the 
 said court, be laid out in some of the public 
 funds, or in government or real securities : 
 And the dividends or interest arising there- 
 from shall, by order of the said court, be 
 paid to such person or persons as would 
 for the time being be entitled to the rents 
 and profits of such lands, tenements and he- 
 red i-
 
 INCLOSURE AND DRAINAGE. 73 
 
 reditaments so to be purchaseu, conveyed 
 and settled: And in case such sum of money 
 shall be less than the sum of 2co!. and shall 
 exceed the sum of 20I. then and in such 
 case, such sum of money shall, with the ap- 
 probation of the commissioners atiling under 
 such ad", or any three or more of them, be 
 paid into the Bank of England, and applied 
 by order of the court of Chancery in manner 
 herein before direded, or may without any 
 order of the court of Chancery, be paid into 
 the hands of two trustees to be nominated 
 by the person or persons who for the time 
 being would be entitled to the rents and pro- 
 jfits ot the lands, tenements and heredita- 
 ments so to be purchased and settled, such 
 nomination to be approved of by three or 
 more of the said commissioners, and such 
 nomination and approbation to be in writing 
 under the hands of the persons so nominat- 
 ing and approving : And the money so paid 
 €q such trustees, shall by them be applied in 
 like manner as is before direded with re- 
 sped to the money so to be paid into the 
 Bank in the name of the Accountant-General 
 of the court of Chancery, but without any 
 order of the said court touching the appli- 
 cation thereof And in case such sum of 
 money shall not exceed 20I. then the same 
 shall be paid to the person or persons who 
 for the time being would be entitled to the 
 
 rents
 
 A TNCLOSURE AND DRAINAGE. 
 
 rents and profits of the lands, tenements nnd 
 hereditaments so to be purchased and con- 
 veyed, for his, her, or their own use and be- 
 nefit. And it is hereby further ordered, that 
 if any commissioner in an inclosure or drain- 
 age bill, shall find any difficulty in obtaining 
 a purchase in land, which may be equal in 
 value to such sum of mcney not exceeding 
 200I. as by the said standing order is directed 
 to be paid into the Bank to await a future 
 purchase, or which purchase may be disad- 
 vantageous in other respeds, such commis- 
 sioners shall be at liberty to apply such sum 
 of money towards the expcnces of such aft, 
 so far as the proportion of the party entitled 
 to such sum shall amount to ; and if there 
 shall be any surplus of such 200L they may 
 apply such surplus, after such application, in 
 diminution of the sum allowed to be charged 
 upon the estate for the ]:'Urpose of inclosure 
 or drainage." 
 " Ordered, That the said order be declared a 
 standing order, and that it be entered upon 
 the roll of standing orders of this House, and 
 printed and published, to the end all per- 
 sons concerned may the better take notice of 
 the same." 
 
 COMMONS' STANDING ORDERS, 
 
 *• 24th JUNE 180I, RESOLVED, 
 
 1 J/, " That in ^1 bills for inclosing lands or 
 
 <;om-
 
 INCLOSURE AND DRAINAGE. 75 
 
 commons, which shall be presented to the 
 House after this session of Parhament, there 
 be inserted a clause providing what sum of 
 money in the whole, shall be paid to each 
 of the commissioners to be appointed by 
 such biii, in full satisfaftion of the expence 
 and trouble which he shall incur in the exe- 
 cution of the trusts and powers thereby 
 given ; or that in default of such provision 
 being made, there be inserted a clause pro- 
 viding that the account of such commis- 
 sioner or commissioners, containing a true 
 statement of all sums by him or them, re- 
 ceived and expended, or due to him or 
 them, for their own trouble or expences, 
 shall, at least once in every year from the 
 date of the passing of such ad till such ac- 
 counts shall be finally allowed, together with 
 the vouchers relating to the same, be exa- 
 mined by some person or persons in such 
 bill to be named, and the balance by him 
 or them stated, in the book of accounts 
 already required to be kept in the office of 
 the clerk of such commissioners ; and that 
 no charee or item in such accounts shall be 
 binding on the parties concerned, or be 
 valid in law, unless the same shall be duly 
 allowed by such person or persons." 
 
 *' RESOLVED, 
 
 id, " That in all such bills as above-men- 
 
 tioied.
 
 ^6? ' INCLOSURE AND DRAINAGE. 
 
 tioned, provision be made, that no witness 
 summoned to attend such commissioner or 
 commissioners, shall be obliged to travel 
 above eight miles from the boundary of the 
 parish, manor, or distrid: thereby intended 
 to be inclosed." 
 
 *' RESOLVED, 
 
 3^, " That in all such bills, provision be made 
 for empowering and requiring the commis- 
 sioner or commissioners named in such bills, 
 to appoint one or more surveyor or sur- 
 veyors, with or without a salary, for the 
 first forming and completing such parts of 
 the public carriage- roads direded to be set 
 out and appointed by such bill, as shall be 
 newly made, and tor putting into complete 
 repair such part of the same as shall have 
 been previously made, and for defraying the 
 expence of such salary, and of forming, 
 completing and repairing such roads respec- 
 tively, over and above a proportion of the 
 statute-duty on the roads to be so repaired, 
 cither by sale of a sufficient portion of the 
 said lands, or by a rate to be settled and ap- 
 portioned by such commissioner or com- 
 missioners upon the owners and proprie- 
 tors of the same : And in case of sale of 
 such lands for the payment of the produce 
 thereof, before the execution of the award 
 to such surveyor or surveyors, to be ac- 
 counted
 
 INCLOSURE AND DRAINAGE. 77 
 
 counted for as herein after-directed, and for 
 making a conditional rate upon such owners 
 and proprietors, in case the produce of such 
 sale should prove insufficient for the pur- 
 poses aforesaid, and for subjecling such sur- 
 veyor or surveyors, and his or their accounts, 
 to the jurisdidion and controul of the jus- 
 tices of the peace in all respeds whatever, 
 and with the same powers of levying such 
 rate as may by such justices be thought ne- 
 cessary, according to the proportions pre- 
 viously ascertained by such commissioner or 
 commissioners, in like manner as if he or 
 they had been appointed by virtue of the 
 general highway ad passed in the thirteenth 
 year of his present Majesty ; and for the re- 
 payment of any surplus that may remain in 
 his or their hands after such roads shall be 
 completely formed and repaired, to such, 
 persons as shall have been made liable to 
 contribute thereto, according to the pro- 
 portions above-mentioned ; and for prevent- 
 ing any charge or burthen being laid on the 
 inhabitants at large, except such proportion 
 of such statute-duty as aforesaid, until the 
 same shall by such justices in their special 
 sessions be so ordered or direded : And for 
 enforcing by certain penalties on such sur- 
 veyor or surveyors, to be specified in such 
 bill, the completing and repairing such roads 
 
 within
 
 7S INCLOSURE AND DRAINAGE, 
 
 within two years after the said award, unles? 
 such justices shall on sufficient cause be- 
 ing alledged, and proved to their satisfadion, 
 grant a further time, not exceeding one 
 year." 
 
 *' RESOLVED, 
 
 4//j, *' That in all such bills, whenever any 
 sum of money is under the provisions of 
 such bill to be paid for the purchase or ex- 
 change of any lands, tenements or heredita- 
 ments, or of any timber or wood growing 
 thereon, and which sum of money ought 
 to be laid out in the purchase of other lands, 
 tenements or hereditaments, to be settled 
 to the same uses, provision shall be made 
 for empowering the commissioner or com- 
 missioners named in such bill, out of such 
 sum to defray such proportion of the ex- 
 pence of passing such a6t, and carrying the 
 same into execution, as shall, if any, be 
 charged upon any of the lands, tenements 
 or hereditaments of the person or persons, 
 body politic or corporate, trustees or feoffees, 
 in possession of the lands, tenements or here- 
 ditaments so sold or exchanged, or on which 
 such timber or wood adually grew ; and also 
 the cxpence of any permanent improvement, 
 such as building, sub-dividing, draining or 
 planting, and the like, which shall in the 
 judgment of such commissioner or com- 
 missioners
 
 INCLOSURE AND DRAINAGE. 79 
 
 niissioners be proper to be made, and shall 
 be made under his or their diredion, upon 
 any lands to be by virtue of such bill allotted 
 to such person or persons, body politic or 
 corporate, trustees or feoffees respeftivcly : 
 And that the surplus thereof, not being less 
 than the sum of 200I. be paid into the 
 Bank of England, in the name and with the 
 privity of the Accountant-Generai of the 
 court of Chancery, to be placed to his ac- 
 count, ex parte the commissioner or com- 
 missioners under such particular bill, or 
 under such other title as by the said bill 
 shall be directed, pursuant to the method 
 prescribed by the aft of the 12th year of 
 King Geo ROE the First, chapter 3 2d, and 
 the general orders of the said ^ court, and 
 without fee or reward, and shall when so 
 paid in, there remain UDtil the same shall, 
 by order of the said court upon a petition to 
 be preferred to the said court in a summary 
 way, be applied either in the purchase of 
 land-tax, or towards the discharge of any 
 debts or incumbrances affedlins: the said 
 lands, tenements and hereditaments so pur- 
 chased or exchanged, or until the same shall 
 upon the like application be laid out in a 
 summary way, after allowing for the ex- 
 pences necessarily attending such purchase 
 by order of the said court, in the purchase 
 
 of
 
 8p INCLOSURE AND DRAINAGE. 
 
 of Other lands, tenements or hereditaments, 
 to be settled to the like uses : And in the 
 mean time, and until such money may, by 
 order oF the said court, be laid out in some 
 of the public fands, or in government or 
 real securities, and the dividends or interest 
 arising therefrom, shall by order of the said 
 court be paid to such person or persons as 
 would for the time being be entitled to the 
 rents and profits of such lands, tenements 
 and hereditaments, so to be purchased, con- 
 veyed and settled : And in case such sum of 
 money shall be less than the sum of 200I., 
 and shall exceed the sum of 20I., then and in 
 such case, such sum of money shall, with 
 the approbation of such commissioner or 
 commissioners, be paid into the Bank of 
 England, and applied by order of the court 
 of Chancery, in manner herein before di- 
 rected, or may without any order of the 
 court of Chancery, be paid into the hands 
 of two trustees to be nominated by the per- 
 son or persons who for the time being would 
 be entitled to the rents and profits of the 
 lands, tenements and hereditaments so to be 
 purchased and settled, such nomination to 
 be approved of by such commissioner or 
 commissioners, and such nomination and ap- 
 probation to be in writing under the hands 
 of the person so nominating and approving ; 
 
 and
 
 iNCLOSURE AND DRAINAGE, 2l 
 
 and the money so paid to such trustees, shall 
 by them be applied in like manner as is be- 
 fore diredcd with respedl to the money so 
 to be paid into the Bank, in the name of the 
 Accountant- General of the court of Chan- 
 cery, but without any order of the said 
 court touching the application thereof : 
 And in case such sum of money shall not 
 exceed 20L, then the same shall be paid to 
 the person or persons, who for the time be- 
 ing would be entitled to the rents and pro- 
 fits of the lands, tenements and heredita- 
 ments so to be purchased and conveyed, for 
 his, her, or their own use and benefit." 
 
 " RESOLVED, 
 
 5//^, *' That no person shall be named in any 
 such bills, as a commissioner, surveyor or 
 valuer, who shall be interested in the in- 
 closure to be made by virtue of such bill, 
 or the agent ordinarily intrusted with the 
 care, superintendance or management of the 
 estate of any person so interested.'* 
 
 " RESOLVED, 
 
 6th, " That in all such bills there be inserted 
 a clause, by which the commissioner or com- 
 missioners shall be required to set out the 
 public carriage- roads in such diredions as 
 shall upon the whole appear to him or them 
 most commodious for the public, and to 
 
 G ascertaia
 
 $1 INCLOSURE AND DRAINAGE. 
 
 ascertain the same by marks and bounds, 
 and to prepare a map, in which such in- 
 tended roads shall be accurately laid down 
 and described, such map signed by the com- 
 missioner, if only one, or the major part of 
 the said commissioners, to be deposited with 
 the clerk of the said commissioner or com*' 
 missioners; and as soon as maybe after such 
 carriage-roads shall have been so set out, 
 and such map so deposited, to give notice 
 in some newspaper to be named, circulating 
 within that part of the county where such 
 intended inclosure shall lie, which notice 
 shall also be affixed upon the church-door 
 ^of the parish, of his or their having set out 
 such roads, and deposited such map, and also 
 of the general lines of such intended car- 
 riage-roads, and to appoint in the same no- 
 tice, a meeting to be held by the said com- 
 missioner or commissioners, at some cor>- 
 venient place in or near to the parish or 
 township within which the inclosure is to be 
 made, and not sooner than three weeks from 
 the date of such notice ; at which meeting 
 any person who may be injured or aggrieved 
 by the setting out of such roads, may at- 
 tend J and if any person shall objed; to the 
 setting out of the same, that then the com- 
 missioner or commissioners, together with 
 any justice or justices of the peace, ading 
 
 in
 
 INCLOSURE AND DRAINAGE^ 83 
 
 In and for the division in which such in- 
 closure shall be made, and not being in- 
 terested in the same, who may attend such 
 meeting, shall hear and determine such ob- 
 jedtion, and the obje^ftions of any other such 
 person to any alteration that the said com- 
 missioner or commissioners, justice or jus- 
 tices, may in consequence propose to make, 
 and shall, according to their judgment upon 
 the whole, order and finally direcl how such 
 carriage-roads shall be set out, and either 
 confirm the said map, by re-signing the 
 same, or make such alterations therein as 
 the case may require : And in case such 
 commissioner or commissioners shall by such 
 bill be empowered to stop up any old or 
 accustomed road passing through any part 
 of the old inclosures in such parish, town- 
 ship or place, the same shall in no case be 
 done without the concurrence and order of 
 two justices of the peace afting in and for 
 such division, and not interested in the 're- 
 pair of such roads, and be subjedt to an 
 appeal to the quarter-sessions, in like man- 
 ner as if the same was originally ordered by 
 such justices as aforesaid." 
 
 " RESOLVED, 
 
 7/^, " That bills for the purpose of inclosing 
 small trads of land, not exceeding three 
 hundred acres, and effeding the same by 
 
 c 2 clauses
 
 INCLOSURE AND DRAINAGE. 
 
 clauses usual in such bills, shall be con- 
 sidered as to the payment of. fees, only as 
 single bills j and that those for the inciosure 
 of small tracts of land to be effected as 
 above, not exceeding one hundred acres, 
 shall be subject only to the payment of half 
 the bill fees due on. a single bill ; the ad- 
 measurement in both cases' to be proved ac- 
 cording to such form as may be prescribed 
 by any a6l passed in this session of Parlia- 
 ment. — On the 2d July 1801, this order 
 and the six last preceding orders, are declared 
 standing orders.'* 
 
 " On 30th June 1801 — Resolved, That the first 
 standing order of the House, of the 14th 
 March 1781 ; that of the 3d March 1800 i 
 the second, third, fourth and sixth of the 
 resolutions agreed to by the House on the 
 24th day of this instant June, relating to 
 bills of inciosure; should be limited in their 
 construdion, so as only to prevent any such 
 bill from containing clauses contrary to any 
 such resolutions respectively : And this is 
 made a standing order." 
 
 "On 30th June 1801 — Resolved, That all or- 
 ders relating to bills of inciosure made in this 
 session of Parliament, except so far as the 
 same relate to the setting out of roads % and 
 appointing survej^-ors, be extended to Ire' 
 
 « The first standing order of the 14th March 1781, in- 
 serted in p. 68, does not extend ta Ireland, 
 
 land»
 
 INCLOSURE AND DRAINAGE. 85 
 
 land. — And this is declared to be a standing 
 order." 
 
 A draft of the bill being prepared, a meeting 
 of the proprietors should be called, at which the 
 bill may be read over, and the terms of all parties 
 be agreed upon, and finally adjusted. When this 
 is accomplished, the draft of the bill should be 
 sent to the parliamentary agent to prepare the 
 House copy, and to get the bill printed and pre- 
 sented. After the bill has been presented and 
 read a first time, it may on the fourth day after 
 the first reading, be read a second time, and then 
 it will be committed. 
 
 In this stage of the business it is absolutely 
 necessary (if it has not been previously done) to 
 tender a written or printed copy of the bill to 
 every proprietor whose residence is known, for his 
 consent (his signature, if it can be obtained) to 
 the bill. The person making the above appli- 
 cation will be required before the committee of 
 the House of C'^'^mons, to give parole evidence 
 of the answer which he receives from every in- 
 dividual proprietor ; and that upon oath before the 
 committee of the House of Lords. The answers of 
 those who do not consent, should be taken down 
 in writing, and the committee will judge what 
 force they ought to have. Sometimes evasive 
 answers are construed into a consent or a neuter. 
 Parliament have been understood to expedt the 
 consents of as many proprietors as have amongst 
 
 G^ them
 
 86 INCLOSURE AND DRAINAGE. 
 
 them four-fifths in value of the lands to be in- 
 closed or drained ; though there is no fixed rule ifi 
 this respccl ; but every person having property 
 must be accounted for either as assenting, dis- 
 senting, neuter, or not to be found. The con- 
 sents of the proprietors may be taken on different 
 bills, either written or printed j but it is the best 
 and least expensive way, to take them all upon 
 the same bill, when it can be done without in- 
 convenience. 
 
 When a proprietor lives very distant, in order 
 to save the expence of a personal application to 
 him for his consent, if he be acquainted with a 
 member of Parliament who knows his hand- 
 writing, he may S'gn a print of the bill, and send 
 it to that member; and if such member attends 
 the committee with the print, and identifies the 
 signature to it, such consent has been, in several 
 instances within my own knowledge, accepted as 
 sufficiently given. 
 
 Still this step will be ineffectual, unless the 
 liand-writing of the party can also be identified by 
 some Peer at the Committee in the House of 
 Lords; because it must be proved at the com- 
 mittee in each House, that the party has been 
 applied to, and what was his answer on the ap- 
 plication. 
 
 Let words to the following, or like efre(5t, be 
 written at the end of every bill upon which any 
 consent is taken : 
 
 We
 
 INCLOSURE AND DRAINAGE. 87 
 
 We (or 1) do consent to this bill passing into a 
 law, subjed. to such alterations as Parlia- 
 ment may judge proper. 
 
 If any of the proprietors be abroad, it will be 
 necessary to prepare a special power of attorney to 
 some one to sign the bill for such as are so absent, 
 and an affidavit of the due execution thereof must 
 be sworn to by one of the subscribing witnesses ; 
 but a power of attorney for any person to sign the 
 bill for a proprietor resident in England, will not 
 be sufficient. 
 
 The committee of a lunatic's estates is incom- 
 petent to give any consent on the part of the lu- 
 natic, without the diredlion of the Chancellor; 
 and therefore an application should be made to 
 the Chancellor, who will make an order, by vir- 
 tue of which the committee may sign the bill. 
 
 COMMITTEE ON THE BILL. 
 
 See supra, title, "Committee," in the Introduc- 
 tory Chapter, p. 48, and the standing order of the 
 House, 15th November 1775, p. 66. 
 
 The fixing the notices (unless the petition for 
 the bill was referred to a committee), the allega- 
 tions contained in the preamble of the bill, the 
 signatures to the consent bill, a statement of each 
 person's property concerned in the inclosure or 
 drainage, &c. (I mean) as to quantity and value, 
 
 G 4 are
 
 8S . .INCLOSURE AND DRAINAGE. 
 
 are required to be proved in the manner before- 
 mentioned, at the committee on the bill. 
 
 Some of the printed bills for the use of the 
 members, should have the blanks filled up in 
 them, and such alterations inserted as are intended 
 to be proposed at the committee. 
 
 At the committee, the solicitor will first be call- 
 ed upon to prove that the notices (unless they have 
 been already proved before a committee on the 
 petition) were afExed on the church-door, and 
 the person who affixed them should attend with a, 
 copy of the notice. Next, the stale of properly 
 must be proved : Almost every old proprietor in 
 the parish can prove it, and' any one will be suffi- 
 cient. Then the signatures to the consent bill, 
 and the answer of every proprietor who has not 
 signed the bill; and lastly, the preamble of the 
 bill must be proved. The solicitor leaves the 
 consent bill, state of property, and a print with 
 all the blanks filled up and the amendments 
 made in it, with the committee clerk, to enable 
 him to make out the report, &c. : But the con- 
 sent bill and state of property must be procured 
 again from the committee clerk, as they will be 
 wanted at the committee in the House of Lords, 
 
 The above has hitherto been the mode of 
 proving the several fafts usually required by Par- 
 liament on the passing of such bills; but at the 
 close of the last sessionj an ad of Parliament was 
 
 passedj
 
 INCLOSURE AND DRAINAGE. S9 
 
 passed, for facilitating the proving of the abov^ 
 fad:s, as far as relate to inclosure ads : And on 
 the 30th June iSoi, the House of Commons 
 made the three following standing orders : 
 
 " RESOLVED, 
 
 " That all persons concerned in interest in any 
 bill for inclosing any lands or groundsj or for 
 extinguishing any right of common therein, 
 may signify their consent to the same by af- 
 fidavit, taken and authenticated according 
 to the form prescribed in the schedule to a 
 bill entitled " An adl for consolidating in one 
 ^dl certain provisions usually inserted in adls 
 of inclosure, and for facilitating the mode of 
 proving the several fadls usually required on 
 the passingof such bills," unless the commit- 
 tee to whom the petition or bill for such in- 
 closure or improvement shall be referred, shall 
 otherwise order." 
 
 " RESOLVED, 
 
 ^^ That the committee to whom any petition 
 or bill for the inclosing any lands or grounds, 
 or for extinguishing any right of common 
 thereon, shall be referred, may admit proof 
 of the notices required by the standing orders 
 of this House, and of the allegations in the 
 preamble of such bill, by affidavit taken and 
 authenticated according to the form pre- 
 scribed
 
 90 INCLOSURE AND DRAINAGE. 
 
 scribed in the schedule to the said bill, unless 
 such committee shall otherwise order.** 
 
 " RESOLVED, 
 
 " Thar the second standing order of the House, 
 of the 14th March 1 781, That, &c. (repeat- 
 ing the order, as before set forth in p. 68 
 and 69) be repealed.'* 
 
 ** RESOLVED, 
 
 *• That the three last resolutions bhall not take 
 effed unless the said bill shall pass into a law. 
 
 •* These resolutions are made standing orders of 
 the House." 
 
 The bill referred to by the above orders, passed 
 on the 2d July 1801, and contains inter alia the 
 following clause : 
 
 " And be it further enaded. That it shall and 
 may be lawful for any two or more justices 
 of the peace, to take affidavits on oath or af- 
 firmation (which oath or affirmation such 
 justices are hereby authorized and empowered 
 to administer) of the notices required for 
 such bills having been given, of the consents 
 of the parties interested therein, of the alle- 
 gations contained in the preambles of such 
 bills, and of the quantity of the land to be 
 inclosed ; and that such affidavits shall re- 
 spectively be in the forms contained in the 
 schedule hereunto annexed, as near as the 
 
 cir-
 
 INCLOSURE AND DRAINAGE. 9I 
 
 circumstances of the case will admit ; and 
 that such affidavits shall not be subject or 
 liable to any stamp-duties whatsoever," 
 For forms of affidavits, &c. see schedule to the 
 
 aa. 
 
 The report from the committee is seldom made 
 until the day after the sitting of the committee : 
 In pressing cases it is sometimes made the same 
 day, when there is no /pposition to a bill. 
 
 It does not occur to me, that there are any 
 future proceedings upon inclosure or drainage 
 bills, but what may be easily collefted from the 
 observations in the Introdudlory Chapter. 
 
 See 28 C.J. 471, where on the third reading 
 of a bill, a person was called into the House and 
 examined, to prove that the trustee for an infant, 
 who it was stated in the report from the com- 
 mittee, could not be met with in order to be per- 
 sonally applied to, but had a copy of the bill left 
 at her dwelhng-house, and that at the time the 
 copy of the bill was left there, she was actually at 
 her own dwelling-house, and that she was apprized 
 of the contents of the bill early enough to have 
 opposed it. 
 
 In 28 C.J. 1085, 1092, persons are examined 
 at the bar on the third reading of a bill, with re- 
 lation to consents not before given to bills for in- 
 closing commons, &c. 
 
 HOUSB
 
 92 INCLOSTJRE AND DRAINAGE. 
 
 HOUSE OF LORDS. 
 
 The bill, which is now entitled an act, being 
 brought up into the House of Lords, is read a 
 first time upon the same day on which it is brought 
 up, as a matter of course. Prints of the bill must 
 be left with the clerk at the Parliament-office In 
 Abingdon-street, to be laid on the table in the 
 House of Lords, and if there be no opposkion to 
 the bill, it may be read a second time the day fol- 
 lowing, a Lord being requested to move it : And 
 upon the second reading, it may be committed 
 ■ for the day next after the following day, if the 
 House should sit upon that day , if not, for the 
 first day it shall sit, or for any subsequent day that 
 may suit the convenience of all parties. 
 
 The bill being read a second time, the wit- 
 nesses may be sworn that day, or any subsequent 
 day, to give evidence before the committee. 
 
 COMMITTEE. 
 
 It is not necessary to prove the notices being 
 affixed, as at the Commons; but the state of pro- 
 perty, consents of the proprietors, and the allega- 
 tions contained in the preamble of the bill, must 
 be again proved in this House by parole evidence, 
 the witnesses being previously sworn at the bar of 
 the House.
 
 INCLOSURE AND DRAINAGE. 93 
 
 Such have been the proofs hitherto required to 
 be given ; and I do not find that the Lords have 
 made any standing order that they will dispense 
 with those proofs. The ad just alluded to, merely 
 empowers certain justices of the peace to admi- 
 nister particular affidavits. It does not enaft that 
 those affidavits shall be evidence before either 
 House of Parliament: And therefore until the 
 House of Lords make some further order on 
 the subjeft, I apprehend they will require the 
 same proofs as they did before the passing of 
 that aft. 
 
 What has been said of proceedings in this 
 House, in the Introdudory Chapter (to which the 
 reader will please to refer) renders any further re- 
 marks in this Chapter unnecessary. 
 
 Cas£5 decided respeSiing Inclosures, and Public Acts 
 of Parliament relating thereto. 
 
 The several public acts of Parliament now in 
 force, enabling parties, owners and occupiers of 
 wastes, woods, and pastures, and commons, and 
 common-fields, to inclose by agreement between 
 themselves for a limited period, are 29 Geo. II. 
 c. 36 (explained and amended by 31 Geo. II. 
 c. 41) 13GE0. III. c. 81. 
 
 See the cases of Duberley v. Page, 2 T,R. 
 391, 2i Rewell V. Joddreli, ibid. 415 ; TownI«7 
 
 v. Gib-
 
 94 < INCLOSURE AND DRAINAGE. 
 
 V. Gibson, ibid. 701 ^ GJover v. Lane, 3 T. R. 
 445; Clarkson v. Woodhouse, 5 T. R. 412J 
 Rex V. Inhabitants of Cottingham, 6T. R. 20; 
 Shakespear v. Peppin, ibid. 741 ; Com. Dig. 3 v. 
 p. 28. 
 
 CHAf.
 
 [95] 
 
 CHAP. II. 
 
 TURNPIKE-ROAD BILLS. 
 
 BILLS for making a turnpike-road, or 
 for the renewal or alteration of any acl of Parlia- 
 ment passed for that purpose, should originate in 
 the House of Commons ; and before an applica- 
 tion be made to Parliament for any of the above 
 purposes, notices should be given at the time and 
 in the manner required by the following standing 
 orders : 
 
 NOTICES. 
 
 " On the 25th April 1774 — Resolved, That 
 before any petition is presented to this House 
 for making a turnpike-road, or for the re- 
 newal or alteration of any ad of Parliament 
 passed for that purpose, notice of such in- 
 tended application to Parliament be given 
 at the general quarter-sessions of the peace, 
 which shall be held for every and each county 
 or distrid through which such road passes, 
 or is intended to pass, at the Michaelmas 
 
 imme-
 
 96 TURNPIKE-ROADSr 
 
 Immediately preceding the session of Parlia- 
 ment in which such petition is to. be pre- 
 sented." 
 " On the 25th April 1774 — Resolved, That 
 this notice be given by affixing to the door 
 of the sessions-house where such generai 
 quarter-sessions are held, a printed or written 
 paper, describing the parishes through which 
 the said road passes, or is intended to pass; 
 and that such notice be also printed in some 
 one newspaper of the county 5 or, if there is 
 no such paper printed for that county, then 
 in the newspaper of some near or adjoining 
 county, three times at least, in the months 
 of August and September, or either of them, 
 immediately preceding the session ot Par- 
 liament in which such petition is to be pre- 
 sented. 
 " This and the former resolution declared to 
 be standing orders." 
 ' A general form for the notices, and other pre- 
 cedents for Chap. II. are inserted in the Appen- 
 dix (b). 
 
 PETITION. 
 
 When the notices required by the foregoing or- 
 ders have been given, a petition signed by some of 
 the principal owners and occupiers of estates, 
 through or near which the road is intended to be 
 made, in case the application to Parliament be to 
 
 make
 
 TURNPIKE-ROADS. 97 
 
 make a new turnpike-road, or if to renew a former 
 aft or afls, then by some of the commissioners 
 appointed under or by virtue of such a6t or adls, 
 should be presented to the House, for leave to 
 bring in the bill : And to a petition to make a 
 new road, or to raise a further sum for that 
 purpose, an estimate of the proposed expence of 
 such undertaking, signed by the person or persons 
 making the same, together with an account of the 
 money subscribed for carrying the said w^ork into 
 execution, and the names of the subscribers, with 
 the sums respedlively subscribed by them, must 
 also be 'annexed, agreeable to the following order: 
 " On the 25th April 1774 — Resolved, That 
 when any petition is presented to this House 
 for making a new turnpike-road, or for rais- 
 ing a further sum for that purpose, there be 
 annexed to the said petition, an estimate of 
 the proposed expence of such undertaking, 
 signed by the person or persons making the 
 same, together with an account of the mo- 
 ney subscribed for carrying the said work 
 into execution, and the names of the sub- 
 scribers, with the sums respedlively sub* 
 scribed by them. This is made a standing 
 order." 
 " On the 15th November 1775 — Resolved, 
 That when any petition for a turnpike-road, or 
 for renewing or altering any ad: of Parlian" 
 passed for that purpose, hath been ^ ^^cnt 
 
 H ir^^esented 
 
 to
 
 98 TURNPIKE-ROADS. 
 
 to the House, the committee to whom the 
 said petition shall be referred, do examine in 
 the first place, how far the orders contained 
 in the three former resolutions have been 
 complied with j and the chairman of such 
 committee shall report the same to the House 
 on the report of the petition. On thezzd No- 
 vember 1775, this is made a standing order." 
 When the petition has been presented, it will 
 be referred to a committee, agreeable to the stand- 
 ing order of the 28th February 1734, supra, p. 
 23. See also the standing order of the 5th May 
 i773> supra, p. 30. 
 
 At the committee, the solicitor will be called 
 upon to prove that the standing orders of the 
 25th April 1774, have been complied with j for 
 that purpose, the person who affixed the notice 
 on the session-house door, should attend at the 
 committee with a copy of it ; and the three country 
 newspapers in which the notices were inserted, 
 should be produced to the committee. If an esti- 
 mate of the cxpences be annexed to the petition, 
 the signature of the person making such estimate 
 must be proved, as also the allegations of the pe- 
 tition : And in case any former ad or afts be 
 stated in the petition, a copy of the last adt print- 
 ed by the King's printer, in which the forme? 
 acls are recited, should also be produced. Vide 
 j^upra, pp. 26, 34, as to the report from the com- 
 mitttsT' ^^^ leave to bring in the bill. 
 
 BILL.
 
 T'JRNPIKE-ROADS. 99 
 
 BILL. 
 
 In the bill, the provisions required by the fol- 
 ibwing standing orders must be made : 
 
 *' On the 1 2th March 1752 — Resolved, That 
 in all future bills for ads of Parliament for 
 the eredring or continuing any turnpike, a 
 clause be inserted, to oblige the commission- 
 ers of such turnpike to take security from 
 their treasurer or receiver, for the faithful 
 execution of the said office* This is made a 
 standing order." 
 
 ** On the 1 2th March 1752— Resolved, That 
 in all such bills, a clause be inserted, to pre- 
 vent any person who shall be nominated a 
 commissioner, from adino or voting in the 
 business of the said turnpike, unless he shall 
 be possessed of an estate in land, or a per- 
 sonal estate, to such certain value as shall be 
 specified in such bills. This is made a stand- 
 ing order. And on the 14th March 1753, 
 this is extended to the heirs apparent of per- 
 sons possessed of an estate in land to a cer- 
 tain value to be specified : And this is made 
 a standing order*." 
 
 " On 
 
 * See a clause in the gehcral ttlrriplke a(ft, relative to the 
 i^uallfication of corhmissiont'fs. 
 
 See afts passed in the 13th, 14th, J 7th, 18th, and list 
 
 H 2 years
 
 lOO TURNPIKE'ROADS. 
 
 " On the 23th April 1774 — Resolved, That 
 in all bills for making a new turnpike-road, 
 there be inserted a clause, compelling the 
 subscribers for carrying such work into exe- 
 cution, to make payment of the sums seve- 
 rally subscribed by them. This is made a 
 standing order ^." 
 
 '^' On the 23th June 1799 — Resolved, That the 
 standing orders of the House, of the 7th May 
 1794, relating to bills for making navigable 
 canals, aqueduds, and the navigation of ri- 
 vers, or for altering any ad of Parliament for 
 any or either of those purposes, be extended 
 to bills for making any ways or roads, com- 
 monly called rail-ways or dram-roads, except 
 so much of the said standing orders as re- 
 quires an interval of seven days between the 
 first and second reading of such bills -, and 
 also between the day on which such bills are 
 reported and the day on which the report 
 ' shall be taken into consideration ; and also 
 with respect to the printing of such reports. 
 And this is made a standing order." 
 
 years of King<7EORGE the Third, relative to turnpike-roads 
 in general. 
 
 By 25 Geo. III. c. 57, the mail is exempted from paying 
 any tolls ; and by same stat. c. 58, all such parts of any aft 
 of Parliament relative to any turnpike-road passed before the 
 5th December 1782, as exempt any writings or deeds liable to 
 the stamp-duties from being stamped, are repealed. 
 
 * See 13 Geo. III. c. S4, s. 3j. 
 
 See
 
 TURMPIKE-ROADS. lOt 
 
 , See Navigation, infra, for precedents and pro- 
 ceedings on bills for making rail-ways. 
 
 See the standing order of the House of Lords, 
 7 Maii 1800, supra, p. 71. 
 
 See the Introdudory Chapter. 
 
 It only seems necessary here to add, that the 
 solicitor must prove the allegations in the pre- 
 amble of the bill, in both Houses at the com- 
 mittee. 
 
 Cases decided respe£iing Turnpike- Roads ^ 
 
 See case of the King against tlic Inhabitaots of 
 Sheffield, 2 T. R. 106 ^ the King against the 
 Commissioners of the Llandilo districl of roads 
 in Carmarthenshire, ibid* 232; Fairtitle, on the 
 several demises of Mytton and others, against 
 Gilberts and others, ibid. 169; Banks v. Booth, 
 2 Bos. and Pul. Rep. 219 j Chamberlain v. Ing- 
 ham, Cowper's Rep. 966 ^ the King v. the Mayor, 
 &c. of Liverpool, 4 Burr. 2244 j King v. Man- 
 ning, I Burr. 377 ; the King v. Bagshaw and 
 others, 7 T.R. 363. 
 - See 2 V. Williams' Justice, title, ** Highways.'* 
 
 H 3 CHAP.
 
 [ 102 J 
 
 CHAP. III. 
 
 NAVIGATION, &c, BILLS. 
 
 BILLS of tiiis description should be begun 
 in the House of Coniaions, and notices must be 
 given three times in the London Gazette, and 
 also in one newspaper of every county through 
 which the navigation or canal is intended to be 
 made or pass (or if there be not any newspaper 
 printed in such counties respedlivcly, then in the 
 newspaper of some county near or adjoining there- 
 to), three times at the least, in the months of Au- 
 gust or September, or either of them, immedi- 
 jately preceding the session of Parliament in which 
 such application is intended to be made ; and also 
 at the general quarter-sessions of the peace for 
 each county, riding, or division, through which 
 the canal, &c. is intended to be carried, varied or 
 altered, at the Michaelmas preceding the session 
 of Parliament in which such application is intend- 
 ed to be made, by affixing such notice on the door 
 of the sessiop-houses respcdively ; and a map or 
 plan of the canal, with a book of reference, con- 
 taining the names of the owners or reputed owners
 
 NAVIGATION, &C. 1 03 
 
 and occupiers of the Jands through wiiich the ca- 
 nal is intended to pass, must be deposited at the 
 ofHce of the clerk of the peace for each county, 
 riding, &c. on or before the 30th day of Septem- 
 ber immediately preceding the application to Par- 
 liament. The following are the standing orders 
 of the House of Commons, by which the notices, 
 &c. are required : And there are standing orders 
 of the House of Lords to the same effed, which 
 see, infra. See Appendix (c) for Precedents. 
 
 NOTICES, &c. 
 
 1st, " On the 7th May 1794— Resolved, That 
 when any application is intended to be made 
 to the House, for leave to bring in a bill for 
 making any cut or canal for the purposes of 
 navigation, or any cut, canal or aquedud, 
 for the purpose of supplying any cit)% town, 
 or place with water, or for varying or alter- 
 ing any such cut, canal or aquedu6t already 
 made, or for making or improving the na- 
 vigation of any river, or for altering any ad 
 of Parliament passed for any or either of those 
 purposes, in which bill for altering any such 
 a(5t, it is intended to give power for raising 
 any further or additional rates, tolls or du- 
 ties, or for varying the line of such canal, 
 notice of such intended application shall be 
 inserted three times in the London Gazette, 
 
 H4 ia
 
 I04 NAVIGATION, StC. 
 
 in the months of August and September, or 
 either of them, immediately preceding the 
 session of Parhament in which such applica- 
 tion is intended to be made^ and that such 
 notice shall also be inserted in some one 
 newspaper of every county through which 
 any such cut, canal or aqueduct is intended 
 to be carried, or in which such cut, canal 
 or aquedudl already made, is intended to be 
 varied or altered, or in which such river, or 
 such part thereof as is intended to be made 
 navigable, or the navigation thereof to be 
 improved, is situated ; or if there is not any 
 newspaper printed in or for such counties re- 
 sped:ively, then in the newspaper of some 
 county near or adjoining thereto, three times 
 at the least, in the months of August and 
 September, or either of them, immediately 
 preceding the session of Parliament in which 
 such application is intended to be made ; and 
 that such notice shall also be given at the 
 general quarter-session of the peace which 
 shall be holden for every and each county, 
 riding, or division, through which any such 
 cut, canal, or aquedu6V is intended to be car- 
 ried, or in which such cut, canal or aqueduvft 
 already made, is intended to be varied or 
 altered, or in which such river, or such part 
 thereof as is intended to be made navigable, 
 or the navigation thereof to be improved, is 
 
 situ-
 
 NAVIGATION, &C. 105 
 
 situated, at the Michaelmas preceding the 
 session of Parliament in which such appH- 
 cation is intended to be made, by affixing 
 such notice to the door ot the session-houses 
 lespeclivel}' where such general c^uarter- 
 sessions shall be holden ""." 
 
 2^, '* On the 7th May 1794 — Resolved, That 
 such several notices shall contain the names 
 of the parishes and townships •• into, or 
 through which any such cut, canal or aque- 
 duifl is intended to be carried, Vctvied, or 
 altered, or in which such river, or such part 
 thereof as is intended to be made navigable, 
 or the navigation thereof to be improved, is 
 situated." 
 
 3^, " On the 7th May i794^Resolved, That 
 a map or plan of such intended cut, canal, 
 aqucdu(5l or navigation, and also of any in- 
 tended alteration in any cut, canal, aque- 
 duct or navigation already made, shall be 
 deposited for public inspection at the office 
 of the clerk of the peace of every county, 
 riding, or division, through which such cut, 
 canal, aquedud or navigation, is intended to 
 be carried, or such alteration is intended to 
 be made, on or before the 30th day of Sep- 
 
 • None of the standing orders relating to navigation 
 bills, are extended to Ireland by any express order of the 
 House. 
 
 *• See standing order of the Lords, infra, 
 
 tember
 
 I06 KAVIGATION, ScC. 
 
 tember previous to the session of Parliameiit 
 in which such application is intended to 
 be made ; which map or plan shall describe 
 the line of such intended cut, canal, aque- 
 duft or navigation, or of such intended al- 
 teration, and the lands through which the 
 same is intended to be carried, together w-ith 
 a book of reference, containing a list of the 
 names of the owners, or reputed owners and 
 occupiers of such lands respeftivcly." 
 
 *• On the 7th May 1794 — Resolved, That the 
 clerks of the peace, or their respedive de- 
 puties, do make a memorial in writing, upon 
 the plan and book of reference deposited 
 with them, in manner aforesaid, denoting 
 the time at which the same was lodged in 
 their respective offices, and do at all season- 
 able hours of the day permit any person to 
 view and examine the same, and to make 
 copies or extracfls therefrom, such person 
 paying for the same the usual and ac- 
 jCnstomed fees paid to such clerks of the 
 peace for the inspeftion and copying of, or 
 making cxtrads from, records in their re- 
 spective offices." 
 
 " On the 7th May 1794 — Resolved, That be- 
 fore any application is made to the House 
 for any or either of the purposes aforesaid, 
 a previous application shall be made to the 
 owners, or reputed owners and occupiers of 
 
 ihq
 
 (f 
 
 6i 
 
 NAVIGATION, &C. 107 
 
 the lands through which any such cut, canal, 
 aqueduft or navigation is intended to be 
 carried, or any such alteration is intended 
 to be made, and that separate lists shall be 
 made, of the names of such owners and 
 occupiers, distinguishing which of them, 
 upon such application, have assented to, or 
 dissented from, such intended cut, canal, 
 aqueduft or navigation, or such alteration, 
 or arc neuter in respeft thereto." 
 On the 7th May 1794 — Resolved, That 
 whenever any petition is presented to the 
 House, for any or either of the purposes 
 aforesaid, there shall be presented with such 
 petition, the lists mentioned in the last pre- 
 ceding resolution, and also a duplicate of 
 the map or plan so to be deposited at the 
 office of the clerk of the peace as afore- 
 said." 
 
 On the 1 6th June 1795 — Resolved, That 
 before an application is made to the House 
 for the purposes set forth in the ist, 2d, 
 and 3d resolutions of the 7th May 1794, 
 relating to navigable canals, aqueducls, and 
 the navigation of rivers, a previous appli- 
 cation shall be made to the owners and oc- 
 cupiers of the lands in which any reservoir 
 is intended to be made or ereded, and 
 through which any channel or conveyance is 
 
 intended
 
 Io8 NAVIGATION, &C. 
 
 intended to be made for the purposes of 
 feeding or supplying with water from the 
 said reservoirs, any such cut, canal, aque- 
 dud or navigation : And that separate Hsts 
 shall be made of such owners and occupiers, 
 distinguishing which of them have assented 
 to, or dissented from, the making or erect- 
 ing any such reservoirs or channels there- 
 from, for the purposes above specified, or 
 are neuter in resped thereto : And that the 
 chairman of the committee to whom the 
 petition for making any such cut, canal, 
 aqueduct or navigation, is referred, do re- 
 port the same to the House." 
 
 PETITION. 
 
 Before any petition be presented to the House, 
 a previous application must be made to the 
 owners, or reputed owners and occupiers of the 
 lands through which the canal, &c. is to be cut 
 or made, and a list of the names of such owners 
 and occupiers must be prepared, distinguishing 
 which of them, upon such application, have 
 assented to, or dissented from, such intended 
 canal, &c. or are neuter in resped thereto ; and 
 such list, with a duplicate of the map or plan, 
 must be annexed to the petition, as above di- 
 
 reded,
 
 NAVIGATION, Sec. lOj 
 
 reeled, and an estimate of the proposed expcncc 
 of such undertaking (in cases where provision is 
 intended to be made for raising money to defray 
 such expence), signed by the person or persons 
 making the same j and if it be proposed to raise 
 such money by subscription, the names of the 
 subscribers, and the sums by them respedively 
 subscribed, must also be annexed to the petition 
 to be presented for leave to bring in the bill, in 
 compliance with the order next following. 
 
 "On the 7th May 1794 — Resolved, That 
 whenever any petition is presented to the 
 House, for making, varying, or altering 
 any such cut, canal, or aqucdud as afore- 
 said, or making or improving the navigation 
 of a river, there be annexed to the said peti- 
 tion, an estimate of the proposed expence of 
 such undertaking (in cases where provision 
 is intended to be made for raising money 
 to defray such expence), such estimate to be 
 signed by the person or persons making the 
 same ; and if such money is proposed to be 
 raised by subscription, that there be also an- 
 nexed to the said petition, an account of 
 the money subscribed for that purpose, and 
 the names of the subscribers, with the sum* 
 by them subscribed respedively." 
 "On the 7th May 1794— Resolved, That 
 whenever any petition has been presented to 
 the House for the purposes aforesaid, or any 
 
 or
 
 I.IO KAVIGATION, &C. 
 
 or either of them, the committee to whom 
 such petition shall be referred, do examine 
 in the first place, how far the orders con- 
 tained in the preceding resolutions have beea 
 complied with, and do report the same at- 
 the time when they report the matter of any 
 such petition, as it shall appear to them, to 
 the House." 
 The petition being fairly ingrossed, should be 
 signed by some of the principal promoters of the 
 undertaking, and such of the documents before 
 mentioned, as the particular case may require^, 
 should be thereto annexed. When the petition 
 is presented, it will be referred to a committee to 
 be considered;, before whom the allegations there- 
 of must be proved ; and also how far the fore- 
 going standing orders have been complied with. 
 The Gazettes and provincial papers in which the 
 notices are printed, should be produced, and 
 the person who affixed the notice on the door 
 of the session-house, should attend with a copy 
 of it. 
 
 The person who left the plan and book of re- 
 ference with the clerk of the peace for the county, 
 should also appear to prove those fads. The 
 hand-writing of the person or persons to the esti- 
 mate, and the answers received on the application 
 to the different owners and occupiers of estates 
 through which the intended canal, &c. is to be 
 made, must also be proved by parole evidence. 
 
 For
 
 NAVIGATION, ScC. m 
 
 For the further proceedings on petitions re- 
 ferred to committees, see the Introdudory Chap- 
 ter, supra, p. 22, 
 
 BILL'. 
 
 «< 
 
 On the 7th May 1794 — Resolved, That in 
 all bills presented to the House for any or 
 either of the purposes aforesaid, provision be 
 made for compelling the persons who have 
 subscribed towards carrying any such work. 
 into execution, to make payment of the 
 sums severally subscribed by them ; and also 
 to oblige the commissioners or trustees to 
 take security from their treasurer, receiver, 
 or colledor, for the faithful execution of his 
 office." 
 See standing order of the House of Lords, 
 
 7 Maii 1800, supra, p. 71. 
 
 After the bill has been presented and read a 
 
 first time, it cannot be read a second time until 
 
 the eighth day after the first reading. 
 
 *• On the 7th May 1794 — Resolved, That there 
 be seven days between the first and second 
 reading of such bills." 
 The bill having been read a second time and 
 
 committed, the next thing to be attended to is 
 
 the following order : 
 
 ' Sec 8 Geo. II. c. -20, (made perpetual by 27 Geo. TI. 
 c. 16); 4 Geo. III. c. iz; 7 T. R. 36, Huddersfield Canal 
 Company v, Buckley, 
 
 " On
 
 112 . NAVIGATION, ScC. 
 
 " On the 7th May 1794 — Resolved, That all 
 persons, owners or reputed owners and oc- 
 cupiers of tlie land thrOug!) which any such 
 cut, canal, aqucdud: or navigation, is intend- 
 ed to be carried, or any such alteration is in- 
 tended to be made, do personally attend the 
 committee to whom such bill shall be com- 
 mitted, or if they do not personally attend, 
 do give their certificate in writing, signifying 
 that they -have seen a printed copy of the 
 said bill, and do give their consent or dissent 
 thereto, or declare themselves neuter in re^ 
 spe(5t thereof i and that the hand-writing of 
 such owner or occupier to such certificate, 
 be proved by one or more witnesses before 
 the said committee ; and that the said com- 
 mittee shall report to the House, together 
 with the report of the said bill, a list of the 
 names of such persons who shall appear to 
 them to have given such assent or dissent, 
 or to have been neuter in respect to the said 
 bill." 
 At the committee, the allegations in the pre- 
 amble of the bill, and the answers, on the appli- 
 cation for the consents of the parties interested, 
 must be proved by parole evidence. 
 
 What has been observed in Chap. 1. respefling 
 the consents of parties, renders it unnecessary to 
 add any further observations on the last-mentioned 
 order, unless it be, that by an order of the House 
 
 of
 
 NAVIGATION, &C. 11^ 
 
 of Lords, of 1 ith March 1793, the person apply- 
 ing to the parties for their consent, is required to 
 shew to every person interested in the land through 
 which the canal, &c. is to be made, a map or 
 plan, in which the line of the canal is described. 
 " On the 7th May 1794 — Resolved, That there 
 be seven days between the day on which such 
 bill is reported to the House, and the day 
 when the said report shall be taken into con- 
 sideration." 
 " On the 7th May 1794 — Resolved, That af- 
 ter such bill is reported to the House, the 
 bill, as amended by the committee, be print- 
 ed at the expence of the parties applying for 
 the same,and be delivered at the door to the 
 members of the House, three days at least 
 before such report shall be taken into consi- 
 deration/' 
 When the bill has passed through the com- 
 mittee, it must be printed as amended, and tl>e 
 prints thereof left with the door-keepers three 
 days before the report can be taken into conside- 
 ration; and a copy of the list of the owners and 
 occupiers of lands who have assented, dissented, 
 or are neuter in respe6t to the bill, should be 
 made, to go up with the report. Vv^'hen the re- 
 port is made from the committee, it will be or- 
 dered to lie on the table; and on the eighth, 
 or any subsequent day after that on which the 
 report was made, the member who made the re- 
 
 I port
 
 TI4 NAVIGATION, &C. 
 
 port should be requested to move that the report 
 may be taken Into consideration. The further 
 proceedings in the House of Commons are then 
 the same as on other private bills. 
 
 HOUSE OF LORDS. 
 
 Before the bill is brought up from the House of 
 Commons, care should be taken to comply with 
 the following standing orders : 
 
 " Die Lun^, ii Martii 1793 — Ordered by the 
 Lords Spiritual and Temporal in Parliament 
 assembled, That no bill for making any cut 
 or canal for the purposes of navigation; or any 
 cut, canal or aquedu(5l for the purpose of sup- 
 plying any city, town or place with water j or 
 for varying or altering any such cut, canal or 
 aquedud already made; or for making or 
 improving the navigation of any river; orfor 
 altering any act of Parliament passed for any 
 or either of those purposes, shall be read a 
 third time in this Flouse ; unless notice shall 
 have been inserted three times in the London 
 Gazette, in the months of August and Sep- 
 tember, or cither of them, previous to the 
 session of Parliament in which such bill shall 
 be brought into Parliament, that an applica- 
 tion was intended to be made to Parliament 
 to obtain such bill : And unless such notice 
 shall also have been inserted in some one 
 
 news-
 
 NAVIGATION, &C. II5 
 
 newspaper of every county through which 
 any such cut, canal or aquedudl is intended 
 to be carried, or in which such cut, canal or 
 aquedud already made, is intended to be va- 
 ried or altered, or in which such river, or 
 such part thereof as is intended to be made 
 navigable, or the navigation thereof to be 
 improved, is situated ; (or if there be not any 
 newspaper printed in such counties respec- 
 tively, then in the newspaper of some county 
 near or adjoining thereto), three times at the 
 least, in the months of Augiist and Septem- 
 ber, or either of them, immediately preced- 
 ing the session of Parliament in which such 
 application is intended to be made: And un- 
 less such notice shall also have been given at 
 the general quarter- session of the peace 
 which shall have been holden for every and 
 each county, riding or division through which 
 any such cut, canal or aquedu6t is intended 
 to be carried, or in which such cut, canal 
 or aquedud already made, is intended to be 
 varied or altered, or in which such river, or 
 such part thereof as is intended to be made 
 navigable, or the navigation thereof to be 
 improved, is situated, at Michaelmas pre- 
 ceding the session of' Parliament in which 
 such application is intended to be made, by 
 affixing such notice on the door of the session- 
 
 1 2 house
 
 Il6 NAVIGATION, ScC. 
 
 house of each and every such county where 
 such general quarter-session shall be holdsn." 
 
 *' Ordered, That such several notices shall con- 
 tain the names of the parishes and townships 
 (and of no other) into, or through which any 
 such cut, canal or aquedu6l is intended to 
 be carried, varied or altered, or in which such 
 river, or such pare thereof as is intended to 
 be made navigable, or the navigation thereof 
 to be improved, is situated." 
 
 *' Ordered, That no bill for all or any of the 
 purposes aforesaid, shall be read a third time 
 in this House, unless previously to such bill 
 being brought to this House from the Com.- 
 mons, a map or plan of such intended cut or 
 canal, aqueduct or navigation, or of any in- 
 tended alteration in any cut, canal, aquedu6l 
 or navigation already made, as the case may 
 be, shall have been deposited with the clerk 
 of the Parliaments; in which map or plan shall 
 be described the h'nc of such intended cut. 
 canal, aqueduft or navigation, or of such in- 
 tended alteration, and the lands through which 
 the same is intended to be carried, together 
 with a book of reference, containing a list of the 
 names of the owners or reputed owners, and 
 also of the occupiers of such lands respec- 
 tively : And that there be also annexed to 
 the said map or plan, an estimate of the ex- 
 pence
 
 NAVIGATION, &C. iiy 
 
 . pence of such undertaking, in cases where 
 provision is intended to be made for raising 
 money to defray such expence ; such esti- 
 mate to be signed by the person or persons 
 making the same : And if such money is 
 proposed to be raised by subscription, that 
 there be also annexed to the said map or 
 plan, an account of the money subscribed for 
 that purpose, and the names of the sub- 
 scribers, with the sums by them subscribed 
 respedtively." 
 *' Ordered, That no bill for all or any of the 
 purposes aforesaid, shall be read a third time 
 
 . in this House, unless previously to such bill 
 being brought to this House from the Com- 
 mons, application shall have been made to 
 the owners or reputed owners, and also to the 
 occupiers of the lands through which any 
 such cut, canal, aquedud or navigation is 
 intended to be carried, or any such altera- 
 tion is intended to be made, for the consent 
 of such persons respedively^ and unless such 
 map or plan as aforesaid, or a duplicate 
 thereof, shall at the time of such application 
 have been shezvn to them respectively; and 
 unless separate lists shall have been made 
 of the names of such owners and occupiers, 
 distinguishing which of them, upon su^li 
 application, have assented to, or dissented 
 irom, such intended cut, canal, aqueducl or 
 
 I 3 navi-
 
 IlS NAVIGATION, ScC. 
 
 navigation, or such alteration, or are neuter 
 in respe<ft thereof j and unless such list shall 
 ; be deposited with the clerk, of the Parlia- 
 ments at the same time as the map or plan, 
 ancl book of reference mentioned in the pre- 
 ceding order." 
 
 ** Ordered, That in case any bill for all or any 
 of the purposes aforesaid, shall contain a 
 clause to empower the person or persons who 
 shall make such cut, canal, aquedudt or na- 
 vigation as aforesaid, or any part thereof, to 
 vary or deviate from the line particularly de- 
 scribed in the map or plan deposited as afore- 
 said with the clerk of the Parliaments, such 
 bill shall not be read a third time in this 
 House, unless a like application shall have 
 been made to the owners, or reputed owners 
 and occupiers of the lands through which 
 such cut, canal, aqueduct or navigation 
 might pass, by virtue of the power so given 
 to alter or vary the line thereof; and unless 
 a like list as aforesaid, of such owners, or re- 
 puted owners and occupiers, be deposited at 
 the time and in the manner aforesaid, with 
 the clerk of the Parliaments, as if it had been 
 originally proposed to carry such cut, canal, 
 aquedudl or navigation through the lands of 
 such persons respcftively." 
 
 *=* Ordered, That for the future, when any bill 
 for all or any of the purposes aforesaid, shall 
 
 be
 
 NAVIGATION, &C. II9 
 
 be sent by this House to a committee, there 
 shall be at the same time transmitted to such 
 committee, a copy of the atoresaid orders 
 now made, and of all other standing orders 
 of the House then in force, relating to the 
 passing of such bills -, and such committee 
 shall examine in the first place, whether the 
 orders aforesaid have or have not been com- 
 plied with, and shall report the same to the 
 House." 
 " Ordered, That the said orders be declared 
 standing orders, and that they be entered 
 upon the roll of standing orders of this 
 House, and printed and published, to the 
 end all persons concerned may the better 
 take notice of the same." 
 After these orders have been complied with, the 
 ingrossed bill may be brought from the Com- 
 mons, and it will be read a first time the same 
 day ; but before the bill can be read a second 
 time, the map or plan must be engraved or print- 
 ed, agreeable to the following standing order : 
 
 Die Jovis, i8 Junii 1795 — Upon report 
 from the Lords* committees appointed to 
 consider of the standing orders of this House, 
 It is ordered by the Lords Spiritual and 
 Temporal in Parliament assembled, That 
 previous to the second reading in this House 
 of any bill for making any navigation, aque- 
 duct, cut Of canal, or for improving the 
 
 I 4 same. 
 
 (( 
 
 it
 
 1^20^ NAVIGATION, kc, 
 
 same, the map or plan of the said naviga* 
 tion, aquedudt, cut or canal, which is di- 
 redted to be lodged in the Parliament-office 
 by the standing order, No. 132, shall be en- 
 graved or printed, upon a scale of half an 
 inch at least to a mile, and annexed to the 
 printed copies of the bill, and shall be hid 
 upon the table of this House." 
 
 ^' Ordered, That the said order be declared a 
 standing order, and that it be entered upon 
 the roll of standing orders of this House, and 
 printed and published, to the end all persons 
 concerned may the better take notice of the 
 
 same." 
 
 If the map be engraved or printed, and annex- 
 ed to the bills laid on the table, the bill may have 
 its second reading the day arter it was read a first 
 time (if there be no opposition), and then be com- 
 mitted. 
 
 Tlie only further observations which seem ne- 
 cessary to be made here, relate to the evidence re- 
 quired to be produced before the comjmittee on 
 the bill ; and with those I shall conclude this 
 Chapter. 
 
 At the committee, the allegations in the pre- 
 amble of the bill must be proved 5 the Gazettes 
 and provincial papers in which the notices re- 
 quired by the foregoing orders are printed, should 
 be produced, and the person w-ho affixed the no- 
 tice
 
 NAVIGATION, SlC. 121 
 
 tice on the door of the session-house, should at- 
 tend with a copy ot it. 
 
 It must also there be proved, that a list (jf ihe 
 owners and occupiers ot estates through which 
 the canal, 8cC. is intended to be made, with the 
 answers given by them on the applications tor 
 their consents; that the map and book of refe- 
 rence, an estimate of the expences of the under- 
 taking, the names of the subscribers, and the 
 amount of their subscriptions, were severally de- 
 posited with the clerk of the Parliaments, agree- 
 able to the standing orders, and that the signature 
 of the person or persons to such estimate, isof liis 
 or their own proper hand-writing. 
 
 The persons who applied to the different par- 
 ties interested, for their consents, must attend the 
 committee, to prove the answers which they re- 
 ceived on such applications. 
 
 CHAP.
 
 [ 122 ] 
 
 CHAP. IV. 
 
 (C 
 
 BRIDGES, BUILDING OF, &c. 
 
 BILLS for these purposes should be begun 
 in the House of Commons, and the notices re- 
 quired by the following standing orders, must be 
 given previously to the introdudion of the bill. 
 See forms. Appendix (d). 
 
 On the 23d May 17S6 — Resolved, That be- 
 fore any petition is presented to this House 
 for ereding a bridge, or for the renevv^al or 
 alteration of any acl of Parliament passed 
 for that purpose, notice of such intended ap- 
 plication to ParHament be given at the ge- 
 neral quarter-sessions of the peace which shall 
 be held for every and each county or distrid 
 to which such bridge extends, or is intended 
 to extend, at the Michaelmas immediately 
 preceding the session of Parliament in which 
 such petition is to be presented. This is 
 made a standing order." 
 On the 23d May 1786 — Resolved, That 
 this notice be given, by affixing to the door 
 
 r 
 
 Ot
 
 BRIDGES. 123 
 
 of the session -house where such general quar- 
 ter-sessions are held, a printed or written pa- 
 per, describing the parishes to which the said 
 bridge extends, or is intended to extend ; 
 and that such notice be also printed in some 
 one newspaper of the county, or if there is no 
 such paper printed for that county, then in 
 the newspaper of some near or adjoining 
 county, three times at least, in the months 
 of August and September, or either of them, 
 immediately preceding the session of Parlia- 
 ment in which such petition is to be present- 
 ed. This is made a standing order." 
 " On the 23d May 1786 — Resolved, That 
 when any petition for a bridge, or for re- 
 newing or altering any act ot Parliament 
 passed for that purpose, hath been presented 
 to the House, the committee to whom the 
 said petition shall be referred, do examine in 
 the first place, how far the orders contained 
 in the two former resolutions have been 
 complied with ; and the chairman of such 
 committee shall report the evidence upon 
 such examination to the House, on the re- 
 port of the petition. This is made a stand- 
 ing order." 
 
 PETI-
 
 IS:^' BRIDGES. 
 
 PETITION. 
 
 The petition will be referred to a co;imiittee, 
 before whom must be produced the newspaper in 
 which the notices required by the above orders are 
 printed ; and the affixing the notice on the session- 
 house door, as well as the allegations of the peti- 
 tion, must be proved by parole evidence before the 
 committee. 
 
 There is no other standing order of either 
 House of Parliament peculiar to bills of this de- 
 scription ; and the further proceedings thereon 
 may be collected from the Introductory Chapter, 
 
 See public afls passed relating to Bridges : Mag- 
 na Charta, 9 Hen. III. c. 15; 22 Hen. Vlli. 
 c. ^ ', 22 Cha. 11. c. 12 ; 5 and 6 William and 
 Mary, c. 1 1 ; i Anne, stat. i, c. 18 j 12 Geo. II. 
 c. 29 ; 14 Geo. III. c. 33. 
 
 See I vol. Williams' Just, title, "Bridges.'* 
 
 CHAP.
 
 [ 1^5] 
 
 CHAP. V. 
 
 BILLS FOR THE MORE EASY RE- 
 COVERY OF SMALL DEBTS. 
 
 THERE is no notice required to be given 
 of the application to Parliament for these biJis, 
 but such bills Jiiust contain certain provisions, 
 which are required by the following standing or- 
 ders of the House of Commons to be made 
 therein. 
 
 " On the 2d February 1787 — Resolved, That 
 in all bills for constituting courts for the re- 
 covery of small debts, provision be made, 
 that no person shall be committed to prison 
 by such courts for more than twenty days, 
 where the debt does nor exceed 20s. ; nor 
 for more than forty days, where the debt 
 does not exceed 40s. ; and that every person 
 so committed, shall be discharged at the ex- 
 piration of the said twenty days or forty days 
 respeftively, without paying any fees to any 
 gaoler or turnkey. This is made a standing 
 order.'* 
 •' On the 2d February 1787 — Resolved, That 
 
 in
 
 iz6 Recovery of small debts. 
 
 in all bills for constituting courts for the 
 recovery of small debts, there be inserted 
 a clause, that no person shall be capable of 
 aifting as a commissioner, unless such person 
 shall be a householder within the county, 
 districi, city, liberty, or place for which 
 he shall act, and shall be possessed cf a real 
 estate of the annual value of 20I,, or of a 
 personal estate of the value of 500I. This 
 is made a standing order." 
 
 " On the 2d February 1787 — Resolved, That 
 the committee to whom any bill for consti- 
 tuting courts for the recovery of small debts 
 shall be committed, do examine in the first 
 place, how far the orders contained in the 
 two preceding resolutions have been com- 
 plied with i and the chairman of such com- 
 mittee shall report the same to the House 
 on the report of such bill. This is made a 
 standing order." 
 The three last-mentioned orders are not ex- 
 tended to Ireland* 
 
 The Introdudory Chapter will furnish sufficient 
 instructions for obtaining an aft of the above 
 description. See Appendix (e) for forms of 
 Petitions, &c. 
 
 CHAP.
 
 [ 1^7 1 
 
 CHAP. VI. 
 
 BILLS FOR PAVING, &c. CITIES OR 
 
 TOWNS. 
 
 A BILL for this purpose should be begun 
 at the House of Commons % and previous notice 
 of the intended application should be given, 
 agreeable to the following standing orders. 
 
 " On the 20th May 1791 — Resolved, That 
 before any petition is presented to this 
 House, for paving, lighting, cleansing or 
 improving any city or town, or for the re- 
 newal or alteration of any ad of Parliament 
 passed for that purpose, notice of such in- 
 tended application to Parliament be given 
 at the general quarter-sessions of the peace 
 ■which shall be held for ins. county in which 
 such city or town shall be situate, at the 
 Michaelmas immediately preceding the ses- 
 sion of Parliament in which such petition 
 is to be presented. This is made a standing 
 order." 
 
 * See 8 V. C.J. 311, 602, 
 
 ' " On
 
 llS PAVING CITIES, &C. 
 
 *' On the 2oth May 1791 — Resolved, That 
 this notice be given by affixing to the door 
 of the sessions-house where such general 
 quarter-sessions are held, a printed or writ- 
 ten paper, declaring that such application 
 - will be made, and that such notice be also 
 printed in some one newspaper of the coun- 
 ty, or if there is no such paper printed for 
 that county, then in the newspaper of some 
 near or adjoining county, three times at 
 least, in the months of August and Sep- 
 tember, or either of them, immediately 
 preceding the session of Parliament in which 
 such petition is to be presented. This is 
 made a standing order." 
 See standing order of the House of Lords, 
 7 Mali iSoo, supra, p. 71. 
 
 There are no other standing orders applicable 
 to this Chapter in particular j and it is presumed, 
 that the method of proceeding may, without 
 difficulty, be coUecled from the foregoing Chap- 
 ters, s'j that any repetition liere will be useless. 
 See the forms for Notices and Petitions in Ap- 
 pendix (f). 
 
 See cases of Leader Wo. v. Moxton and others, 
 3 Wils. Rep. 461, 2 Blac. Rep. 924; the Go- 
 vernor and Co. of the British Cast- Plate Manu- 
 fafturcrs against Meredith and others, 4 T. R. 
 
 794- 
 
 CHAP.
 
 [ ^^9 ] 
 
 CHAP. VII. 
 
 BILLS FOR CONFIRMING OR PRO- 
 LONGLNG THE TERM OF LET- 
 TERS PATENT, 
 
 FOR the most part, are begun in the House 
 of Commons, and a previous notice of the ap- 
 plication to Parliament is required by the follow- 
 ing standing order. 
 
 "On the 30th June i So i— Resolved, That 
 before any petition be presented to this 
 House, for confirming or prolonging the 
 term of letters patent granted by his Ma- 
 jesty to any person or persons, on account 
 of any invention, notice of such intended 
 application shall be -inserted three times in 
 the London Gazette, and also three times 
 in one of the Edinburgh papers, where the 
 letters patent extend to Scotland; and also 
 three times in the Dublin Gazette, where 
 the letters patent extend to Ireland, in the 
 months of August and September, or either 
 ot them, immediately preceding the session 
 ' of Parliament in which such application is 
 
 K intended
 
 130 LETTERS PATENT. 
 
 intended to be made ; and that such notice 
 shall have prefixed to it, in capital letters, 
 the name by which the invention is usually 
 distinguished, and shall contain a distinct 
 description of the invention for which such 
 letters patent have been obtained, and also 
 an account of the term of their duration i 
 and that the chairman of the committee 
 to whom the petition for confirming or pro- 
 longing the term of such letters patent is 
 referred, do report to the House, how far 
 the order contained in the said resolution 
 
 ,y has been complied with." 
 .y.QSee standing order ist May 1798, form of 
 
 Notice, Appendix (g). 
 
 To the petition to be presented to the House, 
 
 a true copy of the letters patent must be annexed. 
 " On the 13th May 1690 — Ordered, That 
 when any bill shall be brought into this 
 House for confirming of letters patent, there 
 be a true copy of such letters patent annexed 
 to the bill : And that this be declared to be a 
 standing order." — (Not extended to Inland). 
 
 PETITION. 
 
 ')■; 
 
 The petition for a bill of this description, will 
 be referred to a committee to be considered, be- 
 fore whom the Gazettes, and provincial papers in 
 which the aotices were printed, as also the ori- 
 ginal
 
 LETTERS PATENT. I3I 
 
 ginal letters patent, must be produced, ind the 
 allegations of the petition proved by parole evi- 
 dence. If it be the opinion of the committee, 
 that the prayer of the petition is reasonable and 
 proper to be granted, they will come to resolu- 
 tions to that effed:, and the chairman will report 
 to the House the evidence given before the com- 
 mittee, and their opinion thereupon. 
 
 For further instructions, see the Introductory 
 Chapter, passim. Vide also 5 vol. Com. Dig^ 
 title, " Patent." 
 
 K 2 CHAP.
 
 [ 13^ ] 
 
 CHAP. VIII. 
 
 DIVORCE BILLS* 
 
 MUST be begun In the House of Lords ; 
 and for that purpose a petition must be presented, 
 signed by the party applying for the divorce ; 
 and at the same time that the petition is offered, 
 an official copy of the proceedings, and of a de- 
 finitive sentence of divorce a mensd et thoro in the 
 Ecclesiastical court, at the suit of the party de- 
 sirous to present such petition, must be delivered 
 upon oath at the bar of that House, in con- 
 formity to the following order. 
 
 " Die Mercurii, 28 Martii 1798 — Ordered by 
 the Lords Spiritual and Temporal in Par- 
 liament assembled. That for the future no 
 petition for any bill of divorce shall be pre- 
 sented to this House, unless an official copy 
 of the proceedings, and of a definitive sen- 
 tence of divorce a mensd et thoro in the Eccle- 
 siastical court, at the suit of the party de- 
 sirous to present such petition, shall be de-r 
 
 • See Appendix (H). 
 
 livered
 
 DIVORCE. i33 
 
 livercd upon oath at the bar of this House 
 
 at the same time." 
 As the allegations of a petition will vary ac- 
 cording to the circumstances of each particular 
 case, only a single form of a petition is inserted 
 in the Appendix ; the allegations of which may 
 be altered as circumstances may require. 
 
 Immediately after the petition has been re- 
 ceived, and leave ' given, the bill may be pre- 
 sented, and will be read a first time the sarqe 
 day, and ordered to be read a second time on 
 some future day (generally the next day fort- 
 night) ; and the usual orders will be made, that 
 notice be affixed on the doors of the House of 
 Lords ^ and the Lords be summoned ; and that 
 the party applying for the divorce, may be heard 
 by his counsel at the second reading, to make 
 out the truth of the allegations of the bill ; and 
 that the party against whom the divorce is sued 
 for, may have a copy of the bill ; and that no- 
 tice be given to the party, of the second reading ; 
 and that he or she may be at hberty to be heard 
 by counsel, what he or she may have to offer 
 against the said bill at the same time. In this 
 stage of the bill, the House may be moved for 
 orders that witnesses whose testimony may be 
 necessary to support the allegations in the bill, 
 do attend the House on the second reading. 
 
 * The clerk at the Parliament ofllce affixes these notices, 
 
 K 3 These
 
 J34 DIVORCE. 
 
 These orders, with an office copy of the bill> 
 must be obtained from the Parliament office, and 
 copies of the orders served on the different parties. 
 The person who is to serve the office copy of the 
 bill, should attend at the Parliament office, to 
 examine it with the original bill. It sometimes 
 happens, that the party upon whom the office 
 copy of the bill is ordered to be served, is beyond 
 the seas, or secretes himself or herself to evade the 
 service : in such cases, a petition must be presented 
 to the House, noticing the former order for service 
 of the bill, and the order for the second reading, 
 and stating that the party is beyond the seas, and 
 resident at such a place ; or that endeavours have 
 been made to serve the party, without being able to 
 effed it, and that it is apprehended that the party 
 secretes himself or herself to evade the service ; 
 and therefore praying, that leaving a copy of the 
 bill and order, with the agent or prodlor for the 
 party, and leaving the like copies at the last usual 
 place of abode of such party, may be deemed 
 a good service thereof. When such latter petir 
 lion is presented, a person who can prove the 
 allegations of it should attend at the House, and 
 he will be called to the bar, and sworn and exar 
 mined as to the fadt stated in the petition. If 
 the evidence be satisfaftory to the House, the 
 prayer of the petition will be granted, and an 
 order made that such service, with the service of a 
 copy of this latter order, be deemed a good service. 
 
 By
 
 DIVORCE. 135 
 
 By the following standing order, the attend- 
 ance of the petitioner is required on the second 
 reading of the bill. 
 " Die Mercurii, 28 Martii 1798 — Ordered by 
 the Lords Spiritual and Temporal in Parlia- 
 ment assembled, That for the future, upon 
 the second reading of any bill of divorce, the 
 petitioner praying for the same do attend this 
 House, in order to his b^^ng examined at 
 the bar, if the House shall think fit, whether 
 there has or has not been any collusion di- 
 redly or indireAly on his part, relative to 
 any a(5l of adultery that may have been com- 
 mitted by his wife J or whether there be any 
 collusion directly or indirectly between him 
 and his wife, or any other person or persons, 
 touching the said bill of divorce, or touching 
 any proceedings or sentence of divorce had 
 in the Ecclesiastical court at his suit, or 
 touching any aftion at law which may have 
 been brought by such petitioner against any 
 person for criminal conversation with the pe- 
 titioner's wife ; and also, whether at the time 
 of the adultery of which such petitioner com- 
 plains, his wife was by deed or otherwise, by 
 his consent, living separate and apart from 
 him, and released by him, as far as in him 
 lies, from her conjugal duty ; or whether she 
 was, at the time of such adultery, cohabiting 
 
 K 4 with
 
 136 DIVORCE/ 
 
 with liim, and under the proteclion and au- 
 thority of him, as her husband." 
 " This and the former order are declared to 
 standing orders of the House, and ordered 
 to be entered on the nil of standing orders, 
 and printed and published, to the end all 
 persons concerned may the better take notice 
 of the same." 
 It sometimes happens, that the party suing for 
 tlje divorce is abroad, and the petition is presented 
 by his attorney on his behalt : In such a case, a 
 petition must be presented, noticing the first pe- 
 tition, and order of the House for leave to bring 
 in the bili, and stating that the bill was presented 
 and read a first time on a certain day, that a time 
 was appointed for the second reading, and an or- 
 der made for the attendance of the petitioner on 
 the same reading; that the party suing for the 
 divorce now is, and for some time past, hath been 
 resident abroad; and therefore praying that his 
 attendance may be dispensed with. 
 
 Previous to the day appointed for the second 
 reading, a brief should be prepared for counsel, 
 comprising a short abstrad of the bill, and a 
 statement of the evidejice intended to be offered 
 in support of the allegations in the preamble 
 thereof. 
 
 On the day appointed for the second reading, 
 counsel should attend at the House of Lords, and 
 
 he
 
 DIVORCE. 137 
 
 he will be called to the bar, and heard in support 
 of the bill; and the witnesses must aho attend, 
 to prove the allegations of the bill, and the service 
 of the orders of the House. 
 
 First, a witness should be called, to prove tlic 
 services of the order for the second reading, and 
 of an office copy of the bill, on the party against 
 whom the divorce is sued for j or if the party be 
 not personally served, then to prove the services 
 of the order and bill on his or her agent or 
 pro<ftor, &:c. 
 
 Next, a true copy of the register of the mar- 
 riage should be produced and proved ; and a per- 
 son who was present at the marriage, should at- 
 tend to prove that facl. 
 
 Then a copy of the record of a judgment given 
 in one of his Majesty's courts of record, with da- 
 mages, &c. and the original definitive sentence of 
 divorce In the Ecclesiastical court, should be se- 
 verally produced, and proved and read. 
 
 And lastly, the witnesses should be called to 
 prove the ad of adultery. 
 
 If any marriage-settlement be recited in the 
 bill, that should be produced, and the execution 
 thereof duly proved by a subscribing witness. 
 
 The witnesses are sworn as they are called to 
 the bar, previous to their being examined. 
 
 After the above fads have been satisfadorily 
 proved to the House, the bill will be ordered to 
 be read a second time, and committed to a com- 
 mittee
 
 i;3 . ■ DIVORCE. 
 
 mittee of the whole House. The attendance of 
 counsel is not required when the House resolves 
 itself into a committee on the bill, nor are any 
 further proofs then required, but the bill, with the 
 amendments (if any are made therein), will be 
 reported to the House by the chairman, and 
 ordered to be ingrossed ; and as soon as the bill is 
 ingrossed, it will be read a third time, and sent tu 
 the House of Commons for their concurrence, 
 
 HOUSE OF COMMONS. 
 
 The ingrossed bill is generally read a first time 
 the same day it is brought from the Lords, and 
 on the fourth day after the first reading, it will 
 be read a second time, and then committed to a 
 committee of the whole House, and a time will 
 be appointed, generally the next day se'nnight, 
 when the House will resolve itself into a com- 
 mittee on the bill. An order will also be made. 
 That it be an instruction to the committee, that 
 they do hear counsel and examine witnesses for 
 the bill, and also that they do hear counsel and 
 examine witnesses against the bill, if the parties 
 concerned think fit to be heard by counsel, or 
 to produce witnesses. 
 
 The order for the House to resolve itself into a 
 committee, and an office copy of the ingrossed 
 bill, should regularly be served personally upon 
 the party against whom the divorce is sued for ; 
 but if that be impradicable, a petition must be 
 
 pre-
 
 DIVORCE. 13^ 
 
 presented to the House, noticing the above or- 
 ders, and stating the reasons why a personal ser- 
 vice cannot be effetfled, and therefore praying, 
 that leaving a copy of the bill and order with the 
 proAor or agent for the party, and leaving the 
 like copies at his or her last usual place of abode, 
 may be deemed good service. 
 
 On the day appointed by the House for re- 
 volving itself into a committee on the bill, the 
 attendance of counsel should be procured, and he 
 will be called to the bar, and heard in support of 
 the bill ; and the same proofs which were given 
 at the Lords on the second reading of the bill in 
 their House, must be produced before the com- 
 mittee in this. 
 
 The following is a standing order of the House 
 of Commons : 
 
 " On the 30th June 1801 — Resolved, That be- 
 fore any bill of divorce for adultery do pass this 
 House, evidence be given before the commit- 
 tee to whom the said bill shall be committed, 
 that an adion for damages has been brought 
 in one of his Majesty's courts of record at 
 Westminster, or in one of his Majesty's 
 courts of record in Dublin, against the per- 
 sons supposed to be guilty of adultery, and 
 judgment had thereupon ; or sufficient cause 
 ^je shewn to the said committee, why such 
 
 adion
 
 140 DIVORCE. 
 
 adlon was not brought, or such judgment 
 was not obtained." 
 
 See standing order, 34 C.J. 365. 
 
 See Introdudory Chapter, for further pro- 
 ceedings. 
 
 CHAP.
 
 [ ^41 ] 
 
 CHAP. IX. 
 
 ESTATE BILLS. 
 
 IT has already been remarked in the Intro- 
 dudory Chapter*, that bills of this description are 
 most commonly begun in the House of Lords, 
 unless the provisions required to be made therein, 
 be of a nature that renders it absolutely necessary 
 to begin them with the Commons. 
 
 When a bill is begun in the House of Lords, 
 the manner of preparing and presenting the peti- 
 tion, and the necessary steps to be taken upon 
 an order of reference to the judges thereon, and 
 previous to the introduftion of the bill, have been 
 before pointed out. 
 
 It will be here endeavoured to be shewn, what 
 fads a petition for such a bill should contain, the 
 form of the judges' report, the subsequent pro- 
 ceedings after the bill is presented, and to coUedl 
 the particular standing orders applicable to such 
 bills, 
 
 ' See supra, p. 6. 
 
 PETI-
 
 142. ESTATE. 
 
 PETITION. 
 
 The objecls to be effeded by a bill of this de- 
 scription are so very numerous, and so widely dit- 
 ferent in their nature, that it is not an easy matter 
 to give any precedent of a petition that would be 
 generally useful ; only some general hints therefore 
 will be suggested for framing one. 
 
 The petition should set forth the relative situa- 
 tion of the parties interested, the state of their 
 claims (if the bill is to alter property), the objedt 
 in view, the foundation of the application, and 
 that it cannot be effe<5led without the interposi- 
 tion of the legislature, and therefore praying an 
 act to effcduate what is proposed, according to 
 the intent of the parties. In the petition it should 
 also be shewn, that (except parties who are to be 
 bound in resped: of the compensation made them, 
 or for other considerations), there is not, nor can 
 be any person that has, or can have any right or 
 title to any compensation or equivalent. Of the 
 latter description of persons, are such as are enti- 
 tled to remainder or remainders subsequent to, or 
 lying behind the estate tail of a first tenant in 
 tail, all of whom being barable by a common re- 
 covery, are therefore considered as having rights 
 of too trivial and inconsiderable a nature to be re- 
 garded by Parliament. 
 
 *' Die Lunce, 29 Aprilis 1799 — Ordered by the 
 • Lords
 
 ESTATE. 143 
 
 Lords Spiritual and Temporal in Parliament 
 assembled, That when a petition shall be 
 presented to the House for any private bill, 
 notice shall be given to any person being a 
 mortgagee upon the estate intended to be af- 
 ha&d by such bill" 
 
 JUDGES' REPORT, 
 
 Should state, that they have been attended by 
 the petitioners and their agents, and have consi- 
 dered the allegations and matters contained in the 
 petition, and find the same to be true; that the 
 parties who have signed the petition, are the only 
 persons who appear to them to be beneficially in- 
 terested in the consequences of the bill; and that 
 they have perused and signed the bill annexed to 
 their report, which they conceive to be proper for 
 effeduaring the purposes aforesaid. See style of 
 Report, in Appendix (l), 
 
 BILL. 
 
 The provisions required by the following stand- 
 ing orders, must be made in all bills to which they 
 are applicable : 
 
 " Die Mercurii, 19 Mali 1762 — Upon report 
 made from the Lords' committees appointed 
 to take into consideration the roll of stand- 
 ing orders of this House, in relation to the 
 
 stand-
 
 144 ESTATE. 
 
 Standing order of the i6tli February 1705, 
 No. iQo — It is ordered by the Lords Spiri- 
 tual and Temporal, in Parliament assembled, 
 That where a bill is brought in, to empower 
 any person to sell or dispose of lands in one 
 place, and to buy or settle lands in another 
 place, the committee to whom such bill shall 
 be referred, do take care that the values be 
 fully made out ; and if the bill shall not be 
 for making a new purchase, but only for 
 settling other lands in lieu of those to be 
 sold, in that case provision shall be made in 
 the bill, that such other lands be settled ac- 
 cordingly : But if the bill shall be to purchase' 
 and settle other lands, in that case, the com- 
 mittee are to take care that there be a bind- 
 ing agreement produced for such new pur- 
 chase *" ; or if it shall be made appear to the 
 committee, that such agreement cannot then 
 be made, or that such purchase cannot then 
 be made and settled as desired by the bill, 
 and the committee shall be satisfied with 
 the reasons ailedged for either of those 
 purposes, in cither of those cases provision 
 ,^hall be made in the bill, that so much of 
 the money arising by sale of the lands di- 
 redcd to be sold, as is to be laid out in a 
 new purchase, shall be paid by the purchaser 
 
 *> See 27 L. J, yo6, 507, where this part of the order was 
 dispensed with. 
 
 or
 
 ESTATE. 145 
 
 or purchasers into the Bank of England, in 
 the name and with the privity of the Ac- 
 countatit-General of the high court of Chan- 
 cery, to be placed to his account there, ex 
 parte the purchaser or purchasers of the 
 estate of the person or persons mentioned 
 in the title of the said bill, pursuant to the 
 method prescribed by the aft of the twelfth 
 year of King George I. cap. 32, and the 
 general orders of the said court, and with- 
 out fee or reward, according to the aft of 
 the twelfth year of King George II. cap. 
 24; and shall, when so paid in, be laid 
 out in the purchase of navy or viftualling 
 bills, or exchequer bills : And it is further 
 ordered. That the interest arising from the 
 money so laid out in the said navy or viftual- 
 ling bills, or exchequer bills, and the money 
 received for the same, as they shall be respec- 
 tively paid off by Government, shall be laid 
 out, in the name of the said Accountant- 
 General, in the purchase of other navy or 
 viftualling bills, or exchequer bills, all which 
 said navy and viftualling bills, and ex 
 chequer bills, shall be deposited in the Bank, 
 in the name of the said Accountant -General, 
 and shall there remain until a proper pur- 
 chaser or purchasers be found and approved, 
 as shall be direfted by such bill, and until 
 the same shall, upon a petition setting forth 
 
 L such
 
 146 ESTATE. 
 
 such approbation, to be preferred to the 
 court of Chancery in a summary way by the 
 persons to be named in the bill, be ordered 
 to be sold by the said Accountant- General, 
 for the completing such purchase, in such 
 manner as the said court shall think just and 
 dirccl. And it is further ordered, That if 
 the money arising by the sale of such navy, 
 victualling, or exchequer bills, shall exceed 
 the amount of the original purchase money 
 so laid out as aforesaid, then and in that 
 case, only the surplus vi'hich shall remain 
 after discharging the expence of the appli- 
 cations to the court, shall be paid to such 
 person or persons respedively, as would have 
 been entitled to receive the rents and profits 
 of the lands direcfled to be purchased, in 
 case the same had been purchased pursuant 
 to the act, or to the representatives of such 
 person or persons." 
 
 *' Ordered, That the standing order before 
 mentioned be vacated and made void, and 
 that this order be substituted instead there- 
 of, and declared to be a standing order, and 
 that it be entered on the roll of standing 
 orders, and printed and published, to the 
 end that all persons concerned may take no- 
 tice thereof." 
 
 Emendat, per ord. 18 Martii 1777. 
 
 Jimcndat, per ord. 18 Juaii 1795. 
 
 « Die
 
 ESTATE* 14'/ 
 
 " Die Lunae, 29 Aprilis 1799 — Ordered, That 
 when any of tlie parties interested in any 
 private bilJ, shall have power by such bill to 
 name a trustee in the room of any trustee 
 dying, resigning, or refusing to exercise his 
 trust, provision shall be made in the bill, 
 that such new trustee shall be appointed by 
 or with the approbation of the court of 
 Chancery." 
 
 *' Ordered, That in any private bill for ex- 
 changing an estate in settlement, and sub- 
 stituting another estate in !ieu thereof, there 
 
 . shall be annexed to such bill, a schedule 
 or schedules of such respective estates, 
 shewing the annual rent and the annual 
 value thereof, and also of the value of the 
 timber growing thereupon. And in ail pri- 
 vate bills for selling a settled estate, and 
 purchasing another estate to be settled to the 
 same uses, there shall be annexed to such 
 bill, a schedule or schedules of such estates, 
 specifying the annual rent thereof j and that 
 every such schedule shall be signed and 
 proved upon oath, by a surveyor or other 
 competent person, before the committee to 
 whom such bill shall be referred." 
 
 " Ordered, That the Lord who shall be in the 
 chair of a committee to whom any private 
 bill shall be committed, shall state to the 
 
 I 2 House,
 
 148 ESTATE. 
 
 House, when the report from such commit- 
 tee is made, how far the orders of the House, 
 in relation to such private bill, have or have 
 not been duly complied with." 
 " Die Mercurii, 22 Maii J 799 — Ordered by 
 the Lords Spiritual and Temporal in Parlia- 
 ment assembled, That where a bill is brought 
 in to empower any person to sell or dispose 
 of lands in one place, in that part of Great 
 Britain called Scotland, and to buy or settle 
 lands in another place in the said part of 
 Great Britain called Scotland, the committee 
 to whom such bill shall be referred, do take 
 care that the values be fully made out ; and 
 if the bill shall not be for making a new pur- 
 chase, but only for settling other lands in 
 lieu of those to be sold, in that case provision 
 shall be made in the bill, that such other 
 lands be settled accordingly: But if the bill 
 shall be to purchase and settle other lands, in 
 that case the committee are to take care that 
 there be a binding agreement produced for 
 such new purchase ; or if it shall be made 
 appear to the committee, that such agree- 
 ment cannot then be made, or that such 
 purchase cannot then be made and settled as 
 desired by the bill, and the committee shall 
 be satisfied with the reasons alledged for ei- 
 ther of those • purposes, in either of those 
 cases, provision shall be made in the bill, 
 
 that
 
 ESTATE. 149 
 
 that so much of the money arising by sale of 
 the lands diredtcd to be sold, as is to be laid 
 out in a new purchase, shall be paid by the 
 purchaser or purchasers, without fee or re- 
 ward, into the Bank of Scotland, or Royal 
 Bank of Scotland^ under the dire6lion and by 
 the authority of the Court of Session, and in 
 the name of the trustees named in the ad:, 
 and shall, when so paid in, produce the high- 
 est interest that can be obtained for the same. 
 And it is further ordered. That the interest 
 arising from the money so paid in, shall be 
 laid out in the name of the said trustees, and 
 shall annually accumulate and be added to 
 the principal sum itself, to carry interest to- 
 gether, until a proper purchase can be found 
 and approved, as shall be diredled by such 
 bill, and until the same shall, upon a peti- 
 tion setting forth such approbation, to be 
 preferred to the said Court of Session in a 
 summary way, by the persons to be named 
 in the bill, be ordered to be paid by the trea- 
 - surer of the Bank of Scotland^ or cashier of 
 the Royal Bank ot Scotlandy for the com- 
 pleting such purchase, in such manner as the 
 said court shall think just and dired. And 
 it is further ordered. That if the money aris- 
 ing by the principal and accumulated interest 
 of such sum or sums, shall exceed the amount 
 of the original purchase-money so laid out as 
 
 L 3 afare^
 
 130 • ESTATE. 
 
 aforesaid, then and in that case, only the 
 surplus which shall remain after discharging 
 the expence of the applications to the court, 
 shall be paid to the person or persons respec- 
 tively, who would have been entitled to re- 
 ceive the rents and profits of the lands di- 
 re(5led to be purchased, in case the same had 
 been purchased pursuant to the aft, or to 
 the representatives of such person or per- 
 
 sons." 
 
 ec 
 
 Ordered, That the said order be declared a 
 standing order, and that it be entered on the 
 roll of standing orders of this House, and 
 printed and published, to the end all persons 
 concerned may the better take notice of the 
 
 same." 
 
 <c 
 
 On the 2d July iSoi — Resolved, That where 
 a bill is brought in to empower any person 
 to sell or dispose of lands in one place, in 
 that part of the united kingdom called Ire- 
 land, and to buy or settle lands in another 
 place in the said part of the united kingdom 
 called Ireland, the committee to whom such 
 bill shall be referred, do take care that the 
 values be fully made out j and if the bill 
 shall not be for making a new purchase, but 
 only for settling other lands in lieu of those 
 to be sold, in that case provision shall be 
 made in the bill, that such other lands be 
 settled accordingly : But if the bill shall be 
 
 to
 
 ESTATE. 151 
 
 to purchase and settle other lands, in that 
 case the committee are to take care that 
 there be a binding agreement produced for 
 such new purchase; or if it shall be made 
 appear to the committee, that such agree- 
 ment cannot then be made, or that such 
 purchase cannot then be made and settled as 
 desired by the bill, and the committee shall 
 be satisfied with the reasons alledged for ei- 
 ther of those purposes; in either of those 
 cases, provision shall be made in the bill, 
 that so much of the money arising by sale of 
 the lands directed to be sold, as is to be 
 laid out in a new purchase, shall be paid by 
 the purchaser or purchasers, without fee or 
 reward. Into the Bank of Dublin, under the 
 direction and by the authority of the court 
 of Chancery, and in the name of the trustees 
 named in the act ; and shall, when so paid 
 in, produce the highest interest that can be 
 obtained for the same ; and that the interest 
 arising from the money so paid in, shall be 
 laid out in the name of the said trustees, and 
 shall annually accuiiiulate, and be added to 
 the principal sum itself, to carry interest to- 
 gether, until a proper purchase can be found 
 and approved, as shall be direded by such 
 bill, and until the same shall, upon a petition 
 setting forth such approbation, to be pre- 
 ferred to the said court of Chancery in a 
 
 L 4 sum-
 
 152 ESTATE. 
 
 summary way, by the persons to be named 
 in the bill, be ordered to be paid by the 
 treasurer of the Bank of Dublin^ tor the 
 completing such purchase, in such manner 
 as the said court shall think just and diredl : 
 And that if the money arising by the princi- 
 pal and accumulated interest of such sum or 
 sums, shall exceed the amount of the origi- 
 nal purchase-money so laid out as aforesaid, 
 then and in that case, only the surplus which 
 shall remain, after discharging the expence of 
 the apj>lications to the court, shall be paid 
 to the person or persons respe6lively, who 
 would have been entitled to receive the rents 
 and profits of the lands directed to be pur- 
 chased, in case the same had been purchased 
 pursuant to the act, or to the representatives 
 of such person or persons. On the 9th De- 
 cember 1801, this is declared to be a stand- 
 ing order." 
 The bill is generally printed as soon as the 
 judges have approved of it j and if it be printed 
 in time, the bill may be read a second time the 
 day following the first reading. 
 
 If the bill originate at the Commons, after it 
 has been read a first time' in this House, it will 
 be referred to two of the judges, to be considered, 
 who are forthwith to summon all parties concern- 
 ed therein, and after hearing them, and perusing a 
 
 *^ 28 L.J. 119; 30 L.J. 347. 
 
 copy
 
 ESTATE. 153 
 
 copy of the bill attested by the clerk of the Par- 
 liaments, are to report the state of the case, with 
 their opinion thereon, to the House j and until 
 the judges have made their report, the bill cannot 
 be read a second time. The manner of proceeding 
 before the judges has already been pointed out''. 
 
 On the second reading, the bill will be com- 
 mitted for a day not earlier than the same day 
 fortnight. 
 
 Notice should be given to all parties interested 
 in the bill, to attend the committee in person, to 
 give their consents j and trustees in whom any 
 trust is vested by the bill, must also personally 
 attend to accept such trust. In case ol illness, or 
 inability of any of the parties to attend, an affida- 
 vit of the same must be made before a master in 
 Chancery, or at the public office, by two persons, 
 and that the absent party signed a print of the bill 
 annexed to the affidavit in their presence, and de- 
 clared his consent that the same be passed into a 
 law. 
 
 Before the committee, the allegations of the 
 bill must be proved in the same manner as they 
 were before the judges, all the witnesses being pre- 
 viously re-sworn at the bar of the House of Lords. 
 The witnesses may be sworn the same day on 
 which the bill has been read a second time and 
 committed, or on any subsequent day, and no 
 icertificate of the re-swearing is required. 
 
 ^ Vide supra, p. 18, and seq. 
 
 If
 
 :\. . ESTATE. 
 
 If any trustees be appointed by the bill, the 
 committee-clerk should be applied to before the 
 committee meets, to make out the entry in the 
 eommittee-book for the trustees to sign, otherwise 
 they will be obliged to attend another day to sign 
 the book. 
 
 COMxMITTEE. 
 
 The following are standing orders of the House 
 of Lords : 
 
 " Die Mercurii, 20 Aprilis 1698 — It is or- 
 dered by the Lords Spiritual and Temporal 
 in Parliament assembled. That for the future 
 it be a general instruftion to all committees 
 who shall meet upon private bills, that they 
 take no notice of the consent of any person 
 to the passing of such bill, unless such person 
 appear before them, or that there be an affi- 
 davit of two persons made, that he or she is 
 not able to attend, and doth consent to the 
 said bill ; and that when any committee shall 
 be appointed on a private bill, notice thereof 
 be affixed on the doors of this House four- 
 teen days before the meeting of the said 
 committee : And that this order be added 
 to the roll of standing orders." 
 
 " Die Sabbati, 16 Februarii 1705 — It is or- 
 dered by the Lords Spiritual and Temporal 
 in Parliament assembled. That in all cases 
 where trustees shall be appointed by any pri- 
 vate
 
 ESTATE. 155 
 
 vate bill, the committee to whom that bill is 
 referred, do take care that the trustees appear 
 personally before them, and accept the trust 
 under their hands ; and also that the Lord 
 who shall be in the chair of a committee for 
 the passing of any private bills, when he 
 makes his report, shall acquaint the House 
 that all the orders of the House, in relation 
 to private bills, were duly observed in pass- 
 ing the said bill through the committee." 
 
 *' It is ordered by the Lords Spiritual and Tem- 
 poral in Parliament assembled. That for the 
 future when any private bills shall be sent by 
 the House to a committee, tliere shall be 
 at the same time transmit teed to them, a 
 copy of these orders now made, and of all 
 other standino- orders of the House then in 
 force relating to the passing of private bills." 
 
 '* Die Martis, i9Februarii 1705 — It is ordered 
 by the Lords Spiritual and Temporal in Par- 
 liament assembled. That the orders of the 
 16th instant, relating to private bills, shall 
 be, and they are hereby declared to be, stand- 
 ing orders, and entered on the roll." 
 
 " Die Lun£E, 29 Aprilis 1799 — Ordered by the 
 Lords Spiritual and Temporal in Parliament 
 assembled. That where a petitioner for a 
 private bill is tenant for life in possession, 
 and another petitioner for the same bill is 
 tenant in tail in remainder, and of age, and 
 
 where
 
 1^6 ESTATE, 
 
 where it is competent for the two together, 
 by deed, fine, and common recovery, to bar 
 the rights and interests of all persons in re- 
 mainder after the estate in tail of the peti- 
 tioner, the committee shall not, in such 
 case, be required to take the consent of any 
 of the persons in remainder after the estate of 
 sucli tenant in tail, to the passing of such 
 bill." 
 
 " Ordered, That in all private bills, when any 
 married or unmarried woman, or when any 
 widow, desires to consent to the sale or ex- 
 change of any estate in which she may have 
 an interest, or upon which she may be enti- 
 tled to a jointure or rent-charge of any sort ; 
 or if she shall desire to sell, or otherw.ise dis- 
 pose of ail or any part of such jointure, rent- 
 charge, or interest, the committee shall re- 
 quire not oniy her own co-nsent in person,, 
 but also that of her trustee or trustees." 
 
 " Ordered, That in all private bills, when any 
 estate is proposed to be sold or exchanged, 
 on which the whole or any part ot the for- 
 tune of any child or children is secured, or 
 in v.'hich any such child or children bath or 
 have an interest, the commiltee shall take 
 the consent of any such child or children, if 
 he, she, or they, is or are under age, by his, 
 her, or their parents or guardians; and if of 
 age, then the consent of the trustee or trus- 
 tees
 
 ESTATE. 157 
 
 tees for such child or childien, shall also be 
 taken, as well as the personal consent of such 
 party." 
 
 " Ordered, That the consent of all trustees shall 
 be required in person before the committee, 
 where any money is to pass through the 
 hands of any such trustees, whether for join- 
 ture, pin-money, the fortunes of younger 
 children, or any other interest whatsoever j but 
 the consent of trustees to preserve contingent 
 remainders only, shall not be necessary." 
 
 '* Ordered, That all the before-mentioned or- 
 ders of 29 Aprllis 1 799, be declared standing 
 orders, and that they be entered upon the 
 roll of standing orders of the House, and 
 printed and published, to the end all persons 
 concerned may the better take notice of the 
 
 same." 
 
 After the proper evidence has been adduced be- 
 fore the committee, the chairman will report the 
 bill (with the amendments, if aqy) to the House, 
 and thereupon the bill is ordered to be ingrossed, 
 and when the Ingrossment is finished, it will be 
 laid on the table, and read a third time, and or- 
 dered to the Commons. 
 
 HOUSE OF COMMONS. 
 
 The ingrossed bill is generally read a first time 
 the same day it is sent from the Lords, and at 
 
 the
 
 I^S , • ESTATE* 
 
 the proper times, will be passed through the 
 several stages mcJitioncd in the Introduftory 
 Chapter. 
 
 At the committee in this House, the allega- 
 tions in the bill should be proved in the same 
 manner they were before the committee at the 
 Lords. The signatures of all parties interested, 
 should be obtained to a copy of the bill, which 
 will (upon their signatures being proved) preclude 
 the necessity of their attending the committee to 
 give their consents in person. 
 
 In the foregoing Chapters, it has been endea- 
 voured" to point out the forms and methods of 
 proceeding to be observed, in order to obtain cer- 
 tain private ads of Parliament ^ and the standing 
 orders of both Houses have been colledted and 
 arranged under those particular heads to which 
 they seemed most immediately to refer. But here 
 let it be remarked, that though such be the rules 
 and orders which each House of Parliament has 
 laid down for the regulation of their own proceed- 
 ings in passing such bills, and though the neglect 
 of the observance of any of them may occasion a 
 delay in the business j yet if they be not all ob- 
 S'erved, nor yet dispensed with, the a6t of Parlia- 
 ment will not be thereby rendered invalid or de- 
 feftive. Neither House of Parliament, when a 
 bill is carried from one to the other, inquires 
 
 whether
 
 ESTATE. 159 
 
 whether all the forms of the House from which , 
 it is brought, have been complied with j nor is 
 any such inquiry made when it is tendered to the 
 Crown for the Royal Assent. It is supposed, that 
 all have been observed, and nothing remains but 
 for the Crown to give its assent to the bill, or to 
 reje(5l it. 
 
 APPEN'
 
 APPENDIX. 
 
 (A) 
 
 Form of Notice to be affixed on the Church-door of 
 the Parish in which the hands intended to he in^ 
 closed^ i^c. are situated. 
 
 September ist, 1 80 1. 
 
 N' 
 
 OTICE is hereby given to the proprietors of 
 lands and estates in the parish of A. in the 
 county of B. and to all other persons whom it 
 may concern, that at the next session of Parlia- 
 ment a petition will be presented to the honoura- 
 ble House of Commons, for leave to bring in a 
 bill> in order to obtain an aft of Parliament for 
 dividing, allotting, and inclosing, all the open and 
 common-fields, meadows, pastures, commonable- 
 lands and waste-grounds in the parish of A. afore- 
 said, or ('* (or dividing, draining, embanking and 
 improving all the fens, lands, and marsh-grounds 
 in the parish of aforesaid"), or (" for exo- 
 nerating from tithes all the homesteads, farms, 
 lands, and titheable grounds in the parish of A. 
 aforesaid'*), or (" for confirming and establishing 
 an agreement entered into between the owners of 
 estates in the parish of A. aforesaid, for dividing, 
 allotting, and inclosing the common and open 
 fields, he. describing the premises"). 
 
 n This
 
 l62 APPENDIX. 
 
 This notice may be varied according to circum- 
 sta.nces ; and tlie nature and extent of the lands 
 intended to be inclosed, &c. should be accurately 
 described. 
 
 The notice is generally dated the day before it 
 is stuck up, and must be upon the church-door of 
 every parish in which the lands intended to be 
 affected by the bill are situated, three Sundays in 
 the months of August and September, or one of 
 them. 
 
 See form of Notice pursuant to a special order 
 of the House, Appendix (b). 
 
 PETITIONS. 
 
 Form of Petition for Leave to present an Inclosure 
 
 Bill. 
 
 To the honourable the Commons of the 
 united kingdom of Great Britain and Ire- 
 land, in Parliament assembled" ; 
 
 The petition of the most noble W. Duke of 
 M. and the humble petition of the several 
 persons whose names are hereunto sub- 
 scribed, onbehalf of themselves and others, 
 owners of estates in the parish of A . in the 
 county of B. 
 
 ■ It must be understood, that this address is to be prefixed 
 
 to every petition presented to the House of Commons, though 
 
 it be not repealed- in the fellowing pages, 
 
 SHEW-
 
 appendix. 163 
 
 *;hevveth, 
 
 That there are within the said parish of A. se- 
 veral open and common- fields, meadows, pas- 
 tures, commonablc-lands and waste-grounds, con- 
 taining in the whole by estimation acres, or 
 
 thereabouts. 
 
 That the several properties of the owners of the 
 said open and common-fields, meadows, and pas- 
 tures, lie very much intermixed and dispersed in 
 small parcels, so as to render the cultivation there- 
 X)f very inconvenient ; but if the same, together 
 with the said other commonabl^-lands and waste- 
 grounds, were divided and allotted unto and 
 amongst the several persons interested therein, ac- 
 cording to their several and respective rights and 
 interests, and such allotments inclosed, they 
 would be rendered of much greater value, and 
 might be much improved. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for dividing, allotting and inclosing 
 the said lands and grounds, in such man- 
 ner, and under such regulations and re-, 
 stridions, as to this honourable House 
 shall seem meet. 
 
 And your petitioners shall ever pray, 8cc^. 
 
 ^ With these words all petitions should be concluded ; 
 though they are not subjoined to the subsequent petitions in 
 this Appendix. 
 
 M 2 For
 
 164 APPENDIX. 
 
 For IndosurCf and extinguishing Rights of Commons. 
 
 The humble petition of the several persons 
 whose names are hereunto subscribed, on 
 behalf of themselves and other owners of 
 estates ia the parish of A. in the county 
 ofB. 
 
 SHEWETH, 
 
 That there are v^'ithin the said parish several 
 
 spacious heaths or commons, called and 
 
 , and also several open and commonable 
 
 lands, called half-year or Lammas -lands, and 
 distinguished by the names of the com- 
 mons, wherein several persons have and are enti- 
 tled to divers small detached and intermixed par- 
 cels, which are very inconveniently situated for 
 the occupation thereof j and there are also several 
 inclosed fields, called half-year or Lammas-lands, 
 and usually distinguished by the names of the 
 
 commons, which are subjedl to certain 
 
 commonable rights in favour of the owners and 
 occupiers of lands and tenements within the said, 
 parish ; and there are likewise divers messuages, 
 tenements, ancient inclosed lands, grounds and 
 homesteads, within the said parish, the owners 
 and occupiers whereof are entitled to rights of 
 common in the said heaths or commons, open 
 and inclosed half-year and Lammas-lands respec- 
 tively, and that it would be of great benefit and 
 
 advan-
 
 APPENDIX. 16^ 
 
 Advantage to the several persons having a right of 
 common upon the said heaths and commons, if 
 the same were divided and inclosed, and specific 
 parts allotted to and amongst the several persons 
 interested therein, in proportion to their respedive 
 rights in the soil, herbage and common thereof; 
 and it v/ould likewise be advantageous to the se- 
 veral proprietors of, and persons interested in the 
 said open and inclosed half-year or Lammas- 
 lands, if the several rights of common to which 
 the same are now liable, were extinguished, by 
 making a reasonable compensation to the parties 
 entitled thereto, and if the detached and inter- 
 mixed parts thereof were exchanged and appor- 
 tioned between and amongst the owners and pro- 
 prietors of such lands, in such manner as to ren- 
 der their shares therein more compad than they 
 ;iow are. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for effeding the several purposes 
 aforesaid, in such manner, and under 
 such regulations and restridions, as to 
 this honourable House shall seem meet. 
 
 For Inclosing, Draining, &c. 
 
 The humble petition of the Rev. A. B. rec- 
 tor of the parish of , in the county 
 
 M 3 of
 
 l66 APPENDIX. 
 
 of , and of the several other persons 
 
 whose names are undersigned, on behalf of 
 themselves and other proprietors of estates 
 
 within the parish of , having right of 
 
 common upon the commons and waste 
 lands within the said parish. 
 
 SHEWETH, 
 
 That there are within the said parish, certain 
 commons and waste-lands, which are capable of 
 much improvement by drainage and inciosurej 
 but in the present uncultivated state thereof, are 
 of little value ; and that it v/ould be a great ad- 
 vantage to the persons interested therein, if the 
 same were drained and inclosed ; and it vv^ould be 
 an additional benefit to the proprietors of estates 
 within the said parish, if such estates were- exone- 
 rated from tithes, and full compensation made for 
 the same J and also if proper powers were given to 
 drain and improve such estates ; and that there are 
 within the said parish, certain embankments, 
 which would be of much greater utility if the 
 same were raised and repaired, and provisions made 
 for upholding them in future. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill to etfcd: the purposes aforesaid, in 
 such manner as this honourable House 
 shall judge proper. 
 
 For
 
 APPENDIX. 167 
 
 For Draining Fens, &c. 
 
 The humble petition of Sir A. R. Bart.; Sir 
 B.C. Bart.; Sir CD. Bart.; L.M. Esq. 
 T. W. Esq. and the several other persons 
 whose names are hereunto subscribed, on 
 behalf of themselves and others, owners and 
 proprietors of estates within the several pa- 
 rishes, townships, or places of and 
 
 SHEWETH, 
 
 That there are within the several parishes, 
 townships, or places above mentioned, certain 
 large trafts of low lands, the property of your pe- 
 titioners and others, containing in the whole 
 
 acres and upwards, through which the ri- 
 
 Yei-5 and ■ have their separate and con- 
 joined courses; and that the channels and beds of 
 the said rivers are very insufficient' to contain and 
 convey the flood-waters thereof within their due 
 limits, and such flood-waters being also greatly 
 impeded in their passage by the many angles in 
 which the said rivers take their courses, the said 
 lands are thereby subjed to be frequently over- 
 flowed and injured, and by reason thereof, the 
 same are incapable of any^ considerable improve- 
 ment, or of being put into a state of cultivation; 
 and that in order to prevent such injury to the 
 said lands, and to improve the same by an eflec- 
 
 M 4 tual
 
 l68 APPENDIX. 
 
 tual drainage, it is expedient that a cut, of suffi- 
 cient dimensions to afford a free passage for the 
 
 waters of the in all times ot flood, should be 
 
 made to branch out of the same river at or near 
 
 a place within the parish of , in the said , 
 
 called , and to be continued from thence 
 
 eastwards, through certain lands within the same 
 parish, to and into a brook within the parish of 
 • ; and the same cut to be from thence con- 
 tinued in or near to the present course of the said 
 
 brook, through the said parish of , down to the 
 
 sea, there to discharge the whole of such waters ; 
 and that the beds or channels of the said rivers 
 should be so deepened, widened, altered and em- 
 banked, where necessary, as at all times to admit 
 within the proper limits thereof, a free course for 
 the waters that ought to pass along the same ; 
 and that such drainage as aforesaid will be 
 highly beneficial to your petitioners, and of pub- 
 lic utility. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for effecting the purposes aforesaid, 
 by such ways and means, and in such 
 manner, as to this honourable House 
 shall seem meet. 
 
 
 fof
 
 APPENDIX. 169 
 
 pof amending and rendering more effectual a former 
 Acl for Draining Lands. 
 
 The humble petition of the several persons 
 whose names are hereto subscribed, on 
 behalF of themselves and others, proprie- 
 tors of lands within the district hereafter 
 mentioned. 
 
 SHEWETH, 
 
 That by an a<ft passed in the year of the 
 
 reign of , for draining and preserving cer- 
 tain fen-lands in , and county of , ly- 
 ing between river, and bounded on the 
 
 south by the lands of and , and for 
 
 empowering the governor, bailiffs and common- 
 alty of tlie company of conservators of the great 
 
 Jevel of the fens, commonly called , to sell 
 
 certain lands lying within the limits aforesaid, 
 .commonly called invested lands, certain com- 
 missioners are appointed for putting the said a6t 
 in execution ; and that the fen-lands and low- 
 grounds therein comprised, are taxed and made 
 chargeable with a yearly sum for every acre there- 
 of, until all the money which should be borrowed 
 for the purposes of the said ad, with the interest 
 thereof, should be discharged i and that the com- 
 missioners appointed by virtue, and in pursuance 
 of the said ad, made several cuts, drains, and 
 outlets, and ereded several engines, and made 
 
 several
 
 JJO APPENDIX. 
 
 several banks, and did other works in, through, 
 aad upon the lands and fen-grounds in the said 
 acV mentioned, for the purpose of draining and 
 preserving the same, and assessed the lands and 
 grounds with the several rates and taxes au- 
 thorised by the said aft ; and that the said com- 
 missioners have, borrowed several sums of money 
 upon the security of the rates and taxes charge- 
 able upon the said lands and grounds in the said 
 adl mentioned, and have assigned over the said 
 rates and taxes for securing the monies so bor- 
 rowed, with the interest thereof; and a consi- 
 derable debt now remains due upon the assign- 
 ment of the said rates and taxes, and otherwise 
 on account of the said lands and grounds; and 
 that the said lands and grounds might be further 
 greatly improved by additional works of drainage, 
 but that the rates and taxes authorised to be 
 raised by the said ad, have been found insuffi- 
 cient for the payment of the interest of the 
 monies borrowed, and for maintaining and keep- 
 ing in repair the present works ; and the powers 
 given to the said commissioners are also found to 
 be insufficient for the efFedual drainage and pre- 
 servation of the said lands and grounds ; and 
 the mode of appointing the commissioners is 
 found to be inconvenient, and that it is therefore 
 necessary to repeal certain parts of the said ad, 
 and to make some alterations and amendments 
 therein ; and also to make some further addi- 
 tional
 
 APPENDIX. lyi 
 
 tional new works and drains, for the more effec- 
 taal draining and preserving of the said lands and 
 grounds, and to lay additional taxes thereon, in 
 order to raise money to answer the said purposes. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill to alter, explain, amend, and ren- 
 der more effedual the said ad, and to 
 repeal certain parts thereof; and for 
 laying such additional taxes on the 
 said fen-lands and low-grounds, and for 
 such other purposes as to this honour^ 
 able House shall seem meet. 
 
 For exonerating from Tithes, Lands already inclosed » 
 
 The humble petition of E. F. of, &c. Esq. 
 and- CD. of the same parish, Clerk. 
 
 SHEWETH, 
 
 That your petitioner E. F. is patron, and your 
 petitioner C. D. is redor, of the redory of .A. 
 in the said county, and that the homesteads, farms, 
 and lands in the parish of A. aforesaid, are old 
 inclosures, and belong to the said E. F. and others, 
 and that the said C. D. as reftor of the §aid reflory, 
 is entitled to all the great and small tithes arising, 
 increasing and renewing upon the said home- 
 steads, farms and lands, and it will be convenient 
 
 and
 
 IJZ APPENDIX. 
 
 and advantageous to all the proprietors of home- 
 steads, farms, and lands in the saiii parish, us 
 well as to the redor for the time being of the 
 said redory, if the great and small tithes afore- 
 said were coQimuted for perpetual corn-rents, to 
 be fixed and charged upon the respective home- 
 steads, farms, and lands aforesaid. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for fixing q.nd settling a commuta- 
 tion for the great and small tithes of 
 and upon the homesteads, farms, and 
 lands within the said parish, by the 
 payment of corn-rents for ever for the 
 same, subjed to such regulations and 
 restridions as to this honourable House 
 shall seem meet. 
 
 For coufirming an Agreement for an Iiiclosttre, 
 
 The humble petition of A. B. of &c. Esq. 
 lord of the manor of C. in the county of 
 D. and of the several other persons whose 
 names are hereunto subscribed, owners of 
 estates within the townships of E. and F, 
 in the parish of C. in the said county. 
 
 SHEWETH, 
 
 That in or about the year , the several 
 
 owners of estates within the said townships eri- 
 
 tered
 
 APPENDIX. 173 
 
 tered into an agreement amongst themselves, to 
 divide, allot, and inclose a certain common, or 
 parcel of waste-land, called A. otherwise B. con- 
 taining acres or thereabouts, situated and 
 
 lying partly in the township of E. and partly in 
 the township of F. and the same was afterwards 
 divided and allotted accordingly among the several 
 persons interested therein, who took possession 
 of and inclosed their several allotments ; and the 
 same have ever since been held in severalty; and 
 that the said agreement was never properly exe- 
 cuted by the several parties interested, but the 
 terms thereof were stridly enforced and accepted 
 by each of them ; and that your petitioners, and 
 the several other persons who are in present pos- 
 session of the lands and estates for which such 
 allotments have been set out as aforesaid, being 
 desirous of completing the agreement so neglected 
 to be executed, have lately executed a proper 
 agreement, conlormable in every respe6t to the 
 agreement before mentioned, which has been 
 signed by all the owners of lands and estates 
 within the said townships, having any interest 
 upon the waste-lands so inclosed as aforesaid : 
 Your petitioners are advised that such agreement 
 cannot be made effe(flual, unless the same is 
 established and confirmed by the authority of 
 Parhament. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 
 bill
 
 ^74 
 
 AFPEXDIX. 
 
 bill for confirming and establishixig the' 
 said division and inclosure, in such 
 manner as to tliis honourable House 
 shall seem meet. 
 
 To he heard against certain Clauses in an Inclosure 
 
 Bill. 
 
 The petition of the Right Honourable J. 
 Earl of K. 
 
 SHEWETH, 
 
 That your petitioner is informed that a bill is 
 depending in this honourable House, for divid- 
 ing, allotting, and inclosing the open and com- 
 mon-fields, meadows, commonable -lands and 
 waste-grounds in the parish of A. in the county 
 of B. 
 
 And your petitioner begs leave to state to this 
 honourable House, that there are several clauses 
 and provisions contained in the said bill, which, 
 if the same were to pass into a law as it now 
 stands, would materially infringe the rights, and 
 injure the property of your petitioner. 
 
 Your petitioner therefore prays, that he 
 may be heard by himself, his counsel or 
 agents, against such parts of the said 
 bill as may affed him ; and that the 
 same may not pass into a law as it now 
 
 stands.
 
 APPENDIX. ly^ 
 
 Stands, or may have such relief in the 
 premises, as to this honourable House 
 may seem meet. 
 
 Copy-holders against a Bill for Inclosing Coynmons. 
 
 The humble petition of the undersigned, 
 copy-holders and others, inhabitants of 
 the parishes of A. B. and C. in the county 
 of D. 
 
 SHEWETH, 
 
 That a bill is now pending in this honourable 
 House, for inclosing the commons and waste- 
 lands of the manor of E. which, if it should pass 
 into a law, your petitioners are apprehensive, will 
 prove of very injurious tendency to their interests, 
 as also to those of the poor of the said parishes ; 
 and that 5'^our petitioners derive very considerable 
 advantage from the right of commonage which 
 they enjoy as appurtenant to their several copy- 
 hold estates, and by which they are entitled to 
 depasture sheep and other commonable cattle on 
 the said commons and waste-lands, during the 
 season when their lands are in tillage ; and they 
 greatly fear that the share or portion of land which 
 may be respedively allotted to them as customary 
 tenants of the manor, will be so far from remune- 
 rating them for the loss and detriment they will 
 sustain by such inclosure^ that the expense neces- 
 sarily attendant upon the inclosure and ameliora- 
 tion
 
 176 APPENEflX. 
 
 tion of the liirid so allotted to them, would be 
 much greater than its intrinsic value, or any ad- 
 vantage they could possibly gain by it ; and that 
 the said poor depend entirely for the supply of fuel, 
 from the furze, heath, and turf which they pro- 
 cure at tlicir leisure hours from the said com- 
 mons, being precluded from obtaining any sub- 
 stitute for the same, as coals, from the inland 
 situation of the said parishes (and the consequent 
 necessity of conveying them by land -carriage), 
 are extremely dear, and wood equally scarce and 
 expensive : And even should a part of the said 
 commons be appropriated by the said bill for that 
 purpose, your petitioners apprehend it would be 
 very inadequate to answer the end for which it 
 may be designed ; and that the said poor (seve- 
 ral of whom are widows with large families) are in- 
 debted for the chief means of supporting them- 
 selves and families, to the produce of cattle and 
 poultry which they are enabled to keep on the 
 said commons and waste-lands; of which privi- 
 lege should they be deprived, or limited from the 
 enjoyment thereof in its full extent, they must 
 inevitably be reduced to the alternative of solicit- 
 ing relief from their respedive j^arishes (which are 
 already heavily burthened with poor), or of endur- 
 ing very great distress, in removing to a situation 
 better adapted to supj^ly their necessities. 
 
 Ycu petitioners therefore humbly praj^ that 
 the said bill may not pass into a law, and 
 
 that
 
 APPENDIX. 177 
 
 that they may be heard by their counsel 
 or agent^against the same. 
 
 Tor Leave to present a Petition for an Inclosure Bill, 
 The humble petition of, &c. 
 
 SHEWETH, 
 
 That the lands and grounds in the said open 
 and common-fields, lie intermixed and dispersed 
 in small parcels, and in their present situation are 
 incapable of any considerable improvement ; but 
 if the same, together with the said waste-grounds, 
 were divided and allotted amongst the several per- 
 sons interested therein, and such allotments in- 
 closed, the same would be of public utility. 
 
 That your petitioners intending to apply to 
 Parliament for the above purposes, caused such 
 notices to be given as are required by the stand- 
 ing order of this honourable House, relative to 
 inclosure bills; but difficulties having arisen as to 
 the terms of the inclosure, a proper petition could 
 not be presented until the time appointed for re- 
 ceiving petitions for private bills had elapsed ; but 
 such difficulties being now removed, and almost 
 all the parties interested being consenting to the 
 inclosure ; 
 
 Your petitioners humbly pray, that leave 
 
 may be given to present a petition for 
 
 N the
 
 178 APPENDIX. 
 
 the purposes aforesaid, or that they may 
 have such other relief ^ the premises, 
 as to this honourable House should 
 seem meet. 
 
 For additional Provision in a Drainage and Inch- 
 
 sure Bill. 
 
 The humble petition of, he. 
 
 SHEWETH, 
 
 That a petition was lately presented to this 
 honourable House, for leave to bring in a bill for 
 dividing, allotting, inclosing and draining A. B. 
 and C. commons, and that unless several of the 
 works of drainage, and the powers for carrying 
 them into execution, be extended to certain lands 
 and grounds in the several parishes of C. and D. 
 adjoining, or lying contiguous to the commons 
 (describe the situation of the lands), the same will 
 be ineffe6lual. 
 
 That by several a6ls heretofore passed, divers 
 powers for draining and preserving the said lands 
 and grounds in the parishes of A. B. and C. afore- 
 said, have been granted to certain commissioners 
 of sewers, and certain other persons, owners of 
 the inclosed lands in A. aforesaid, adventurers or 
 
 undertakers for draining fen, and to certain 
 
 commissioners, commonly called commis- 
 sioners ; and if the commissioners of sewers and 
 the said adventurers or urvdertakers, and the said 
 
 other
 
 APPENDIX. 179 
 
 other commissioners, were severally authorized to 
 execute certain other works of drainage and pre- 
 servation, and proper powers were granted to them 
 for that purpose, it would materially facilitate the 
 drainage and preservation of the said lands, grounds 
 and commons. 
 
 Your petitioners therefore humbly pray, 
 that provisions may be made in any 
 bill to be brought into this honourable 
 House pursuant to the prayer of the 
 said former petition, for effeiftuating the 
 several purposes mentioned in this peti- 
 tion, in such manner, and under such 
 regulations, as to this honourable House 
 shall seem meet. 
 
 Relative to Notices for Provision in a Drainage and 
 
 Inclosure Bill. 
 
 The humble petition of, &c. 
 
 SHEWET.H, 
 
 That in pursuance of the leave of this honour- 
 able House, given on the day of , 
 
 notices have been given of the application to Par- 
 liament for draining the several lands and grounds 
 described in the report which was made on the 
 
 day of last, from the committee to 
 
 whom the petition of the several persons whose 
 names are thereunto subscribed, being owners of 
 lands and grounds in the several parishes of A. B. 
 
 N 2 and
 
 iSo APPENDIX. 
 
 and C. (describing the lands, as In the former pe- 
 tition), was referred, by affixing such notices on 
 the doors of the several parish- churches of A. B. 
 and C. for three Sundays, in the present month 
 of April. 
 
 Your petitioners therefore humbly pray, 
 that in the bill ordered to be brought 
 in for draining, dividing, allotting and 
 
 inclosing commons, provisions 
 
 may be made for effeduating the several 
 purposes mentioned in their said former 
 petition, in such manner, and under 
 such regulations, as to this honourable 
 HoTJse shall seem meet. 
 
 Gene-
 
 APPENDIX. l8l 
 
 (B) 
 
 General Form of Notices, 
 
 Notice is hereby given to all persons whom 
 it may concern, that at the next session of Parlia- 
 ment a petition will be presented to the honoura- 
 ble House of Commons, for leave to bring in a 
 bill for amending, widening and repairing the 
 
 road leading from to , in the county 
 
 of (here describe the road accurately) ^ or for 
 
 reviving, continuing, amending, and making more 
 eifedual, an ad, or several ads, made,&c. (setting 
 forth the title of the last ad) j and which said 
 roads pass, or are intended to pass through the 
 several parishes of A. B. C. and D. (as the case 
 may be), in the county of 
 
 Dated the day of 
 
 Pursuant to a Special Order of the House. 
 
 In pursuance of an order of the House of Com- 
 mons, made on the day of instant, 
 
 Notice is hereby given to all persons whom it 
 may concern, that a petition has been presented 
 to the honourable House of Commons, praying, 
 that in a bill now depending in Parliament, for 
 making and maintaining a road from to 
 
 N "^ — —
 
 iSz APPENDIX. 
 
 , provision may be made for amending, wi- 
 dening, and keeping in repair, the road leading 
 
 from to ; which last-mentioned road 
 
 passes, or is intended to pass, through the several 
 parishes of A. B. and C. in the county aforesaid. 
 
 PETITIONS. 
 
 For a new Turnpike-Road. 
 
 The humble petition of the several persons 
 whose names are herunto subscribed, on 
 behalf of themselves and others, owners 
 of estates, or inhabitants within, or near 
 the several parishes and places herein after 
 mentioned. 
 
 SHEWETH, 
 
 That the making and maintaining of a turn- 
 pike-road from or near the turnpike-gate at '^ 
 
 to join the turnpike-road leading from to 
 
 , at or near the at , and to pass 
 
 along and turnpike-roads to — — , and 
 
 from thence to , through the several parishes 
 
 of and , all in the county of , 
 
 will be a great benefit, and attended wi*-h much 
 convenience and accommodation to your peti- 
 tioners, and the other owners of estates, or in- 
 habitants within or near the said parishes and 
 places, which are very populous, and in which 
 many very considerable clothing manufadlories 
 
 are
 
 APPENDIX. 183 
 
 are carried on, and that such new road will open 
 a shorter and better communication than there is 
 
 at present, between the city of and town of 
 
 , and the parts adjacent, and between vari- 
 ous other parts of the country, and will also be 
 of public utility. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for making and maintaining the 
 said road, in such manner, and under 
 such regulations, as to this honourable 
 House shall seem meet. 
 
 For continuing the Term of a former A51, and for 
 making a 7iezv Branch of Road, 
 
 The humble petition of several of the trus- 
 tees appointed to put in execution an ad: 
 made in the year of his present Ma- 
 jesty's reign, for — (here set forth the title 
 of the ad). 
 
 SHEWETH, 
 
 That your petitioners have proceeded in the 
 execution of the said adl, and have borrowed a 
 considerable sum of money on the credit of the 
 toils thereby granted, which still remains due, 
 and cannot be repaid, nor can the said roads be 
 properly amended and kept in repair, unless the 
 term of the said ad be further continued, and 
 
 N 4 the
 
 184 APPENDIX. 
 
 the powers thereof altered and enlarged, and that 
 
 the present road leading from the , in the 
 
 parish of , to a certain lane called , 
 
 being in length yards, or thereabouts, is 
 
 very narrow and incommodious for travellers and 
 carriages, and that it would be convenient to all 
 persons travelling the said road, if power was 
 
 given to make a new road from the said to 
 
 join the present road leading towards , at or 
 
 near , in the said parish of , and that 
 
 in order to make the road more convenient for 
 the pubHc, it will be necessary that your peti- 
 tioners should be authorized to pull down certain 
 messuages and other buildings, in or near the said 
 
 parish of , and to carry the said road through 
 
 gardens and other grounds, which they are not at 
 present empowered to do. 
 
 Your petitioners therefore humbly praj^ 
 that leave may be given to bring in a 
 bill for the purposes aforesaid, under 
 such regulations and restridlions as to 
 this honourable House §hall seem meet. 
 
 Fcr coni inning the Term, altering the Powers of 
 former A5ls, and for increasing Tolis^ &c. 
 
 The humble petition of the several persons 
 whose names are hereunto subscribed, on 
 behalf of themselves and others, trustees 
 
 for
 
 APPENDIX. 185 
 
 for executing two adVs passed in the ■ 
 
 year of the reign of , and in the 
 
 year of the reign of (set forth the 
 
 title of the ads). 
 
 SHEWETH, 
 
 That the trustees appointed in, or by virtue of 
 the said ads, have proceeded to put the same in 
 execution, and have for that purpose, from time 
 to time borrowed several considerable sums of 
 money on the credit thereof, and of the tolls 
 thereby authorized to be taken, which money 
 still remains due, and cannot be repaid, nor the 
 said roads properly maintained and improved, 
 uriless the term of the said ads be continued, 
 and some of the powers and provisions thereof 
 altered and amended, and the tolls increased. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill to continue the term, and alter and 
 enlarge the powers of the said ads, in 
 such manner, and under such regula- 
 tions and restridions, as to this honour- 
 able House shall seem meet. 
 
 To continue a former Term, shut up part of a Road, 
 take dozvn a Bridge, and to make a new Road, 
 and build a Bridge over a River. 
 
 "<i' 
 
 The humble petition of several of the trus- 
 tees for putting in execution two ads 
 
 made
 
 l86 APPENDIX, 
 
 made in the year of the reign of 
 
 , and the year of the reign of 
 
 ■ , for repairing the road from to 
 
 , in the county of . 
 
 SHEWETH, 
 
 . That your petitioners have proceeded in the 
 execution of the said adts, and have borrowed 
 a considerable sum of money on the credit of the 
 tolls thereby granted, which money cannot be 
 repaid, nor can the said roads be amended and 
 kept in repair, unless the term and powers of the 
 said a6ts be further continued and enlarged, and 
 the tolls increased : And that it would be more 
 convenient to the public, and to all persons 
 travelling the said roads, if power was given to 
 shut up the present road leading from a place 
 
 4^alled , in the parish of , over a bridge 
 
 called , to a place called , in the said 
 
 parish, and to pull down the said bridge, and 
 instead thereof, to make a new road from the said 
 
 place called , to the said place called , 
 
 by a mill called , and to erect a bridge over 
 
 the river , in the said parish. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for eifedling the purposes before 
 mentioned, in such manner as to this 
 honourable House shall appear just and 
 proper. 
 
 For
 
 APPENDIX. 187 
 
 For Provhion to include a new Piece of Road in a 
 
 Bill, 
 
 The humble petition, &c. 
 
 SHEWETH, 
 
 That a bill is now depending in this honour- 
 able House, for making and maintaining a new 
 road from to . 
 
 That the road leading from the west end of 
 
 the village of , into the said intended road, 
 
 at a place called , being in length -^ , or 
 
 thereabouts, is very much out of repair, narrow, 
 and incommodious, and cannot be sufficiently 
 amended, widened, and kept in repair by the or- 
 dinary course of law ; and that if the same were 
 made good, and included under the powers and 
 provisions of the said bill, it would be a great 
 benefit and convenience to your petitioners, and 
 all persons residing in the neighbourhood. 
 
 Your petitioners therefore humbly pray, 
 that provision may be made in the said 
 bill, for amending, widening, and keep- 
 ing in repair the said road from 
 
 to the said place called , and mak- 
 ing the same communicate with the 
 said intended new road, in such man- 
 ner, and under such regulations, as to 
 this houourable House shall seem meet. 
 
 For
 
 l8S APPENDIX. 
 
 Tor Provision on the renewal of a Road A6i. 
 The humble petition of, SiC. 
 
 SHEWETH, 
 
 That a petition has been presented to this 
 honourable House, for leave to bring in a bill 
 for altering and enlarging the term and powers 
 
 of an a6l of Parliament made in the year 
 
 of , for — (here set forth the title of the 
 
 ad). 
 
 That a certain road in the parishes of A. B. 
 
 and C. leading from to , and a certain 
 
 other road in the parishes of D. E. and F. and 
 
 ieadins; from to , are much out of re- 
 
 pair, narrow, and incommodious, and cannot be 
 efFeclually amended, widened, improved and kept 
 in repair, by the ordinary course of law ; and 
 that it would be a convenience to the several 
 neighbourhoods, and of public utility, if the 
 same were made turnpike, and put under the 
 care and management of the trustees for execut- 
 ing the said ad. 
 
 Your petitioners therefore humbly pray, 
 that provision may be made in the said 
 bill, for amending, widening, improv- 
 ing, and keeping in repair the said 
 roads, in such manner as to this 
 honourable House shall seem meet. 
 
 For
 
 APPENDIX. 1S9 
 
 Fnr Provision in a Bill to Light certain Parts of 
 
 a Road. 
 
 The humble petition, &c. 
 
 SHEWETH, 
 
 That a bill is depending in this honourable 
 House, for more eftedually repairing, widening, 
 diverting, and improving the road — ^here insert - 
 the title of the a6l). 
 
 That several parts of the said roads, which 
 lead through towns and villages, are narrow, and 
 thereby accidents frequently happen in the night 
 time, which your petitioners apprehend may in 
 a great measure be prevented, if the same were 
 properly lighted. 
 
 Your petitioners therefore humbly pray, 
 that provision may be made in the said 
 bill, for lighting such parts of the said 
 road as shall be found necessary. 
 
 Relative to Notices for Roads. 
 The humble petition, &c. 
 
 SHEWETH, 
 
 That a petition having been presented to this 
 honourable House, in the present session, pray- 
 ing that leave might be given to bring in a bill 
 (amongst other things) for effedually amending, 
 widening, and repairing, and keeping in repair, 
 
 the
 
 igO APPENDIX, 
 
 the road from (here describe the road) — - 
 
 the said petition was referred to the considera- 
 tion of a committee ; and that upon a report 
 made from such committee, the House was 
 
 pleased, upon the day of , to order, that 
 
 in consideration of the circumstances mentioned 
 in the said report, leave be granted that notice 
 be forthwith given, of the application to Parlia- 
 ment for the purposes mentioned in the said peti- 
 tion, three times in the newspaper called the 
 
 , in the present month of , or in 
 
 the month of next 5 and that notice has 
 
 accordingly been given in the terms of the order 
 last mentioned. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill pursuant to the prayer of their said 
 former petition. 
 
 Relative to Notices for Provision in a Road BiU. 
 The humble petition, &c. 
 
 SHEWETH, 
 
 That in pursuance of leave granted by this 
 
 honourable House, on the day of 
 
 last, notices have been given at the last ■ • 
 
 quarter-sessions of the peace holden for the county 
 
 of , and three times in a newspaper called 
 
 the , in the month of last, and in 
 
 the
 
 APPENDIX. 191 
 
 the present month of (in such and like 
 
 manner as they are required to be given by the 
 standing orders relative to turnpike bills), of the 
 application to Parliament; that in a bill now de- 
 pending in this honourable House, for makino- 
 and maintaining a road from to , pro- 
 vision may be made for amending, widening, and 
 
 keeping in repair, the road leading from to 
 
 , in the said county. 
 
 Your petitioners therefore humbly pray, 
 that provision may be made in the said 
 bill, for amending, widening, and keep- 
 ing in repair, the road leading from the 
 
 said place called , to , in such 
 
 manner, and under such regulations, as 
 to this honourable House shall seem 
 meet. 
 
 NOTICES.
 
 19a APPENDIX- 
 
 (C) 
 
 NOTICES. 
 
 • General Form for. 
 
 Notice is hereby given to all persons whom 
 it may concern, that application is intended to be 
 made to Parliament in the ensuing session, for 
 leave to bring in a bill for making and maintain- 
 ing a navigable cut, or canal, from to , 
 
 in the county of , and that such cut, or na- 
 vigable canal, is intended to be made and pass 
 through the several parishes of A. B. and C. in 
 the county of E. and also for supplying the towns 
 
 or villages of with water, by means of pipes 
 
 to be laid from the said canal, to and into such 
 last-mentioned towns or villages ; and that such 
 pipes are intended to pass through, or within the 
 
 parishes of respectively (of for better enabling 
 
 the company of proprietors of the canal to 
 
 raise money for finishing and completing the said 
 canal- line, and to alter, explain and amend an aEi 
 
 passed in the year of the reign of , for 
 
 making and maintaining the said canal, and for 
 granting to the said company further and other 
 
 powers) . 
 
 A. B. Solicitor. 
 
 Fur*
 
 APPENDIX. 19 
 
 Further Form. 
 
 o 
 
 Notice is hereby given, that application is in- 
 tended to be made to Parliament in the ensuing 
 session, for leave to bring in a bill, in order to 
 obtain an ad of Parliament for enabling the com- 
 pany of proprietors of the canal navigation, 
 
 to extend the said canal from the township of 
 
 , to or near a certain place called , in 
 
 the parish of , to communicate with the ca- 
 nal in the parish of ; and that the said ex- 
 tension is proposed to be made and to pass 
 
 through or into the several parishes of , all 
 
 in the county of , and also through or into 
 
 the parish of , in the county of ; and 
 
 also for enabling the said company of proprietors 
 to make any reservoir or reservoirs, with sufficient 
 feeders, channels and leaders, in and through the 
 
 townships of , in the parish of , and to 
 
 alter or raise the rates of tonnage, authorized to 
 be demanded and raised by the act of Parliament 
 passed for making the said first-mentioned canal. 
 
 Notice for 'making a Rail-%i;ay, i$c. 
 
 Notice is hereby given, that application is in- 
 tended to be made to Parliament in the next ses- 
 sion, for leave to bring in a bill, in order to obtain 
 an ad: for making and maintaining an inclined 
 
 o plane.
 
 194 APPENDIX* 
 
 plane, or rall-wa)'-, with all proper works and 
 conveniencies for the passage of waggons, carts, 
 and other carriages properly construdled, from, or 
 
 from near a place called , through , and 
 
 into and through the several parishes of , to 
 
 or near to a place called , in the parish of 
 
 J in the county of ; and also for mak- 
 ing a collateral branch from the said inclined 
 
 plane, or rail-way, from , in the parish of 
 
 , into and through the several parishes of 
 
 , to a place called , in the said parish 
 
 of , and for making and maintaining a dock 
 
 or bason, with cuts, locks, and other works, for 
 the passage of boats, barges and other vessels, 
 from the termination of the said intended rail-way 
 
 at aforesaid, into the river , at or near 
 
 to , in the said parish of , all in the 
 
 said county of . 
 
 PETITIONS. 
 
 To make a River navigable^ i^c. 
 
 The humble petition of the several gentle- 
 men, traders, and others, inJiabitants of 
 the counties of and . 
 
 SHEWETH, 
 
 That the river is capable of being made 
 
 navigable, from or near to a place called -, 
 
 in -y in the county of , into the river
 
 APPENDIX. ig^ 
 
 " , at or near a place ca,lled the , at , 
 
 in the county of . 
 
 That if elfedual provision was made for open- 
 ing and maintaining such navigation, the same 
 would be of great utility and benefit to the inha- 
 bitants of the said counties, and to the pubhc in 
 general. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for making and keeping the said 
 river navigable, in such manner, and 
 under such regulations, as this honoura- 
 ble House shall think proper. 
 
 For makifig a New CanaL 
 
 The humble petition of the gentlemen, mer- 
 chants, traders, and others, the principal 
 
 > inhabitants of , and elsewhere, in the 
 
 county of . 
 
 SHEWETH, 
 
 That it appears by levels and surveys lately 
 taken, that a cut, or canal, for the navigation of 
 boats and other vessels, with heavy burthens, may 
 be conveniently made from the — — canal navi- 
 gation, at or near , in the parish of , 
 
 over the river , within the township of , 
 
 to the river , at or near , through the 
 
 several parishes, townships, distrids, or places of 
 
 o 2 .
 
 196 APPENDi:!. 
 
 , in the said county -, and that the same will 
 
 open a short, easy, and commodious communica- 
 tion between the said town of and the seve- 
 ral townships, distrid:s, or places through or near 
 which the said cut or canal is intended to be 
 made, and the interior parts of the county of 
 
 , and the several trading towns adjacent to 
 
 the said canal and the ports of and 
 
 , which will be of great advantage to the 
 
 trade and manufactories carried on between or 
 near the above ports and places, and be of much 
 public utility. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for making a navigation cut, or ca- 
 nal, from the canal navigation, in 
 
 the said township of , near , 
 
 to the river , at or near afore- 
 said, in such manner, and with such 
 powers and provisions, and under such 
 regulations and rcstridlions, as to this 
 honourable House shall seem meet. 
 
 Another Form. 
 
 The humble petition of the several persons 
 whose names are hereunto subscribed, be- 
 ing" owners and proprietors of estates in 
 the county of . 
 
 SHEW-
 
 APPENDIX. 197 
 
 SHEWETH, 
 
 That the making and maintaining of a canal 
 (with basons and reservoirs), navigable for boats, 
 
 barges and other vessels, from the river , 
 
 near to and on the east side of the town of , 
 
 in the county of , in the parish of , next 
 
 , in the said county, to the river , at or 
 
 near to a certain place called , in the parish 
 
 of , in the said county, through the several 
 
 parishes of and — , in the said county ; 
 
 and also, that the making and maintaining of a 
 collateral canal, or cut (with basons and reservoirs), 
 for the navigation of boats, barges and other ves- 
 sels, from or near to a certain point in the said 
 
 intended line of canal, called , in the said 
 
 parish of , to the river , at or near to 
 
 aforesaid, would not only greatly facilitate, 
 
 and render less expensive, the conveyance of 
 goods, wares and merchandize, between the cities 
 
 of and (as a long and circuitous, and 
 
 sometimes dangerous navigation in the open sea, 
 would be avoided), but would also tend to pro- 
 mote the improvement and better cultivation of 
 the circumjacent country, by the conve3^ance of 
 manure, and would otherwise be of great public 
 utilit)'-. 
 
 Your petitioners therefore humbly pray, 
 
 that leave may be given to bring in a 
 
 bill for the purposes aforesaid, by such 
 
 o 3 wa}'s
 
 I9S APPENDIX. 
 
 wa3^s and means, and under such regu- 
 lations and dircdions, as to this honour- 
 able House shall seem most meet. 
 
 For raising further Sums to finish a Canal ^ and to 
 alter and amend a former A£i. 
 
 The humble petition of the company of pro- 
 prietors of the and canal. 
 
 SHEWETII, 
 
 That your petitioners were incorporated by an 
 
 aft passed in the year of , and were 
 
 empowered to make and complete a canal naviga- 
 ble for boats, barges and other vessels, from the 
 
 town and county of the town of , to or near 
 
 the city of- , in the county of , with a 
 
 collateral branch to , in the parish or town- 
 ship of , within the liberties of the town and 
 
 county of the town of ; and in order to 
 
 enable them to carry on so useful an undertaking, 
 they were authorized to raise and contribute 
 
 amongst themselves any sum not exceeding ; 
 
 but in case the same should be found insufficient 
 for completing the said canal, they were, autho- 
 rized to raise any further sum not exceeding 
 
 ; part thereof, by additional shares, and the 
 
 residue at legal' interest on the credit of the said 
 canal, and on the tolls, rates and duties thereof. 
 
 That
 
 APPENDIX, 199 
 
 That your petitioners have proceeded in the 
 execution of the said ad, and have laid out the 
 whole of the line of the said canal and branch, 
 and have cut a considerable part thereof 3 but 
 from unforeseen accidents and expences, they 
 have expended the whole of the said sum of 
 
 , without having completed the said canal. 
 
 That your petitioners have endeavoured to raise 
 
 the further sum of , by additional shares, 
 
 without effed: j but are convinced they can pro- 
 cure the whole of the said sum of by mort- 
 gage of the tolls, rates and duties of the said ca- 
 nal, if they were empowered so to do. 
 
 That your petitioners are apprehensive, that 
 from the great advance in the price of materials 
 and labour, they shall have occasion to borrow a 
 further sum of money, over and above the said 
 
 sum of i and that your petitioners find, that 
 
 in order to enable them to complete and main- 
 tain the said canal, it will be necessary that the 
 said ad should be altered and amended. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for the purposes aforesaid, under 
 such regulations and restridions as this 
 honourable House shall think just and 
 proper. 
 
 o 4 To
 
 200 APPENDIX. 
 
 To raise a further Sum, to increase the Tonnage y and 
 to amend a former A51. 
 
 The humble petition of the company of pro- 
 prietors of the navigation from the 
 
 navigation to , in the county of 
 
 SHEWETH, 
 
 That an ad was passed in the year of the 
 
 reign of , for making (here set forth the 
 
 title of the ad). 
 
 That your petitioners proceeded to put the 
 said adt into execution, and have nearly com- 
 pleted the said navigation, and the works there- 
 by authorized to be made ; and that the esti- 
 mate for executing the said undertaking, made 
 by an experienced engineer, amounted to the sum 
 
 of i but for several reasons, and principally 
 
 on account of the advance in the price of labour 
 during the execution of the works, and the great 
 damage done thereto by frost, snow, and floods, 
 the expence of making the said navigation and 
 works, was increased beyond the estimate so far, 
 that previous to the opening of the said naviga- 
 tion, the said company of proprietors had not 
 
 only expended the sum of , which was the 
 
 whole sum your petitioners were by the said aft 
 enabled to raise, but had contraded debts to a 
 very considerable amount ; and that since the 
 opening of the said navigation, your petitioners 
 
 have
 
 APPENDIX. 201 
 
 have expended In the execution of the said works, 
 all the tonnages they have from time to time re- 
 ceived ; notwithstanding which, they are still in 
 debt to a very large amount, and have several 
 vviers and back-drains to make, for the accommo- 
 dation of the occupiers of meadows on the line of 
 the said navigation, and have also several mills on 
 the said line to alter, agreeable to the directions of 
 the said act ; and that by the making of the said 
 navigation, and from the facility of water-carriage, 
 a reduction of more than one-third in the price of 
 
 coals, has taken place in the towns of and 
 
 the neighbourhood, and a considerable redufrion 
 has also taken place in the price of carriage of all 
 articles of merchandize passing upon the said na- 
 vigation, so as to make a very important saving 
 to the public ; and that in order to enable your 
 petitioners to discharge the debts they have un- 
 avoidably contraifted as aforesaid, and to execute 
 the several works yet incomplete, so as to render 
 the said undertaking completely and generally be- 
 neficial to the neighbourhood and the public, 
 they submit to this honourable House, that it is 
 necessary they should be empowered to raise 
 such further sums of money as may be required 
 for the completion of the said plan ; and that to 
 enable them so to do, it is also necessary and rea- 
 sonable that they should be enabled to take ade- 
 quate additional tonnage for the passage of coals, 
 goods, wares and merchandizes upon the said na- 
 vigation ;
 
 202 . APPENDIX. 
 
 vigation ; and that the said act hath been found 
 in several respeds defedive, and requires to be 
 altered and amended. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for the several purposes aforesaid, 
 under such regulations as to this ho- 
 nourable House shall seem meet. 
 
 To extend a Rail-way , and to amend a former A^. 
 
 The humble petition of the company of pro- 
 prietors of the canal. 
 
 SHEWETH, 
 
 That by an ad passed in the year of the 
 
 reign of , for making (set forth the title of 
 
 the ad), certain persons and their successors were 
 
 incorporated, by the name and stile of , and 
 
 were authorized and empowered to make, com- 
 plete, and maintain the said canal, and other 
 works ; and that the making of an extension of 
 the said rail- way, which communicates with the 
 
 canal at or near , in the parish of , in 
 
 the county of , from aforesaid, to or 
 
 near to , and another extension from , 
 
 to or near to a place called , within 
 
 aforesaid, and the making of another rail-way 
 
 from the said canal, at or near , in the county 
 
 of , to or near to the summit of the inclined 
 
 plane
 
 APPENDIX, 203 
 
 plane of the said present rail-way, will be of great 
 public utility, by opening a communication with 
 many large and extensive trads of stone and other 
 minerals, which lie under and near to the lines of 
 the said proposed rail-ways, and be a means of 
 producing a considerable increase of trade upon 
 the said canal, cut, and rail -ways, and of supplying 
 the public to a great extent with the said stone 
 and other minerals at an easy and cheap rate. 
 That your petitioners have, in proceeding to 
 carry the said a<5t into execution, found the pow- 
 ers and provisions thereof in some respe6ts de- 
 fedtive, and that it is expedient that the same 
 should be altered and amended. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for enabling them to make the two 
 extensions of rail-way, and also the new 
 rail-way aforesaid, and for altering and 
 amending the said aft, in such manner, 
 and under such regulations and restric- 
 tions, as to this honourable House shall 
 3eem meet. 
 
 Petitions against Navigation Bills. 
 
 The humble petition of the several persons 
 whose names are hereunto subscribed, be- 
 ing owners and occupiers of mills situated 
 on the river , in the county of . 
 
 SHEW-
 
 204 APPENDIX. 
 
 SHEVVETH, 
 
 That by an ad passed in the year of the 
 
 reign of (here set forth the title of the ad), 
 
 certain persons therein named were united into a 
 
 company, for making and maintaining the 
 
 canal, and several clauses were inserted in the said 
 ad, for the purpose of preventing injury or da- 
 mage to the owners and occupiers of mills upon 
 
 the said river and its feeders, by the making 
 
 of the said canal and other works, and particu- 
 larly for preserving and securing to them the 
 springs, feeders, water-courses, or streams of wa- 
 ter, which supplied, or assisted in supplying with 
 water, the mills upon the said river, or its feeders, 
 by means of tunnels, culverts, trenches, drains 
 and aqueduds, and for ascertaining the quantity 
 of surplus-water in times of excess, by gauge- 
 wiers and water-marks, to be made and fixed in 
 such places, and in such manner, as is direded by 
 the said ad. 
 
 That the said company of proprietors have 
 proceeded in the m.aking of the said canal, but 
 have omitted and neglcdcd, in many instances, 
 to make, dig, and fix the said tunnels, culverts, 
 trenches, drains and aqueduds, and have wholly 
 negleded to make and fix gauge-wlers and water- 
 marks, according to the diredions of the said ad, 
 and the clauses inserted therein for that purpose, 
 as well as for the purpose of preventing Injury and 
 damage to the said mills i in consequence of which 
 
 ncgled.
 
 APPENDIX, 205 
 
 negled, the owners and occupiers of mills have 
 sustained very considerable damage, which da- 
 mage is Hkely to increase by the said canal, and 
 the works thereof; and that the company of pro- 
 prietors have applied to Parliament in the present 
 session, for an acft, enabling them to make cer- 
 tain deviations from their present parliamentary 
 line, or for finishing the said canal and the works 
 relating thereto, or otherwise altering or amend- 
 ing the said ad of the year of the reign of 
 
 ' • 
 
 Your petitioners therefore humbly pray, 
 that in case the said bill should pass into 
 a law, sufficient clauses may be inserted 
 therein, not only for the purpose of 
 enforcing a strid observance of the 
 clauses comprized in the before-men- 
 tioned act on their behalf, but also such 
 further clauses, for the better and more 
 eftedual security and protection of their 
 rights and interests, as to this honoura- 
 ble House shall seem meet : And your 
 petitioners also pray, that they may be 
 heard by themselves or counsel against 
 the said bill. 
 
 The humble petition of the several per- 
 sons whose names are hereunto subscribed, 
 being owners or proprietors of stock or 
 
 shares in the canal navigation. 
 
 SHEW-
 
 206 APPENDTS:.. 
 
 SHTEWETH, 
 
 That by an ad passed in the year of the 
 
 reign of (here set forth the title of the ad), 
 
 certain persons therein named were united into a 
 company, for making and maintaining the said 
 
 • canal, and that a very considerable sum of 
 
 money hath been raised under the powers of the 
 said ad, for the purposes therein mentioned. 
 
 That by a bill now depending in this honoura- 
 ble House, for enabling the canal company 
 
 to finish and complete the canal, and for 
 
 amending the ad passed in the year of the 
 
 reign of , for making and maintaining the 
 
 said canal, it is intended that such of the 
 
 proprietors of stock or shares as shall refuse to ad- 
 vance further sums for the prosecution of the 
 works of the canal, shall not only be excluded all 
 benefit which may arise from the tolls and profits 
 of the said intended canal, but also that the stock 
 and shares to which they are now entitled, and all 
 sum and sums of money advanced thereon, shall 
 become forfeited, and shall be a})plied towards 
 the carrying on and prosecuting the works of the 
 said canal, for the benefit of those who are desirous 
 that the same should be proceeded upon 3 and 
 that many of the persons Vv^ho were originally pro- 
 prietors of stock or shares, or who have since be- 
 come purchasers or owners thereof, are now dead, 
 and the executors, administrators, or trustees of 
 several of such deceased proprietors, being inte- 
 rested
 
 APPENDIX. 107 
 
 rested on behalf of creditors, legatees, and others, 
 do not conceive themselves at liberty to advance 
 further money out of the trust-monies in their 
 hands, or risk the same in speculations of this 
 sort, instead of paying the same to those who are 
 entitled thereto ; and that in faft, many of such 
 executors, administrators and trustees (were they 
 so inclined), have not any trust-money or effefts 
 in hand for the purpose ; and that all the persons 
 whose names are hereunto subscribed, as well ex- 
 ecutors, administrators and trustees, as those en- 
 titled in their own rights respedively, are unwil- 
 ling to advance further money for the carrvino- on 
 and prosecuting the works of the said canal, and 
 wish therefore to be exempted from all future calls 
 in respeft thereof j but that they are desirous ei- 
 ther of receiving, or continuing to be entitled to a 
 proportionate share of the profits of the said in- 
 tended navigation, in resped of the several sums 
 already advanced, or of the shares to which they 
 are now respedively entitled, or else that the re- 
 payment of the said several sums shall be secured 
 to them with interest, by mortgage of the tolls 
 and profits of the said intended navigation, or in 
 some other effedual manner. 
 
 Your petitioners therefore humbly pray, 
 that the said bill may not pass into a 
 law in its present form, as your peti- 
 tioners' rights and interests will be ma- 
 terially
 
 20S . APPENDIX, 
 
 terially afFeded thereby ; but that they 
 may be heard by themselves, their agents 
 or counsel, against the same. 
 
 The humble petition of the several persons 
 whose names are hereunto subscribed, be- 
 ing proprietors of shares in the canal 
 
 navigation. 
 
 SHEWETH, 
 
 That a bill is depending in this honourable 
 House, to enable the company of proprietors of 
 
 the canal navigation to finish and complete 
 
 the same, and to pay their debts, and for altering 
 and amending two a6ls passed for making and 
 maintaining the said navigation. 
 
 That the said bill contains a provision for com- 
 pelling the proprietors to advance such further 
 sum=, by way of per centage on their present 
 shares, as shall be sufficient to discharge the debts 
 contraded by the committee to whom the ma- 
 nagement of the concern has been hitherto en- 
 trusted, and which debts, or a considerable part 
 thereof, they the said committee contraded, as 
 your petitioners conceive, illegally, and without 
 the authority of either of the former ads referred 
 to in the said bill, and without the knowledge and 
 consent of your petitioners, and have, as your pe- 
 titioners are informed and believe, given their own 
 personal security for the discharge thereof. 
 
 That
 
 APPENDIX, 209 
 
 That tlie said bill also contains several clauses 
 and provisions highly injurious to the rights of 
 your petitioners, as proprietors in the said navi- 
 gation. 
 
 Your petitioners therefore humbly pray, 
 that they may be heard by themselves, 
 their counsel or agents, against such 
 parts of the said bill asaffed their rights 
 and interests, and that they may have 
 such relief in the premises, as to this 
 honourable House shall seem meet. 
 
 NOTICE
 
 210 ' APPENDIX. 
 
 (D) 
 
 Notice Is hereby given, that application i$ 
 intended to be made to ParHament in the next 
 session, for leave to bring in a bill, in order to 
 obtain an a6l of Parliament for building and 
 
 erecTiing a bridge over the river , at or near 
 
 a certain place called , in the parish of , 
 
 in the county of , to the opposite shore in 
 
 the parish of ; and for opening and making 
 
 proper avenues, ways and passages thereto ; and 
 
 also for re-building the bridge over the river , 
 
 at or near , called bridge, in the parish 
 
 of , in the county of ; and for ereding 
 
 a temporary bridge over the said river, near the 
 present bridge j and for opening proper avenues 
 to the same : or, *' for csntimdng^ amending and 
 extending the powers of an aB passed for re- 
 building, &c.'' — (here set forth the title of the 
 aft). 
 
 A^. B. — The objed of the application should 
 be fully set forth in the notice, and the 
 parishes to which the bridge is to extend, 
 
 should be nameu ti.. 
 
 PETI-
 
 APPENDIX. 211 
 
 PETITIONS. 
 
 For ere5ling a neiv Bridge. 
 
 The humble petition of the gentlemen, 
 clergy, freeholders, and other inhabitants 
 
 of the counties of and , whose 
 
 names are hereunto subscribed. 
 
 SHEWETH, 
 
 That the crossing the river , at the ferry 
 
 near , with carts and carriages, is, by reason 
 
 of frequent land-floods, high tides, sand-banks, 
 and other impediments, rendered not only dan- 
 gerous and inconvenient, but attended with da- 
 mages and delays. 
 
 That the building a bridge across the said 
 river, at a convenient place a little above the said 
 ferry, would not only effectually remove and pre- 
 vent such dangers, inconveniencies, damages and 
 delays, but be of public utility. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for building a bridge across the river 
 
 , near to the said town of , 
 
 in such manner as to this honour- 
 able House shall seem just and reason- 
 able. 
 
 p 2 For
 
 21Z APPENDIX. 
 
 For re- building a Bridge. 
 
 The humble petition of the mayor, bur- 
 gesses, and commonalty of the city of — . 
 
 SHEWETH, 
 
 That the bridge of , over the river , 
 
 by means of the present buildings standing there- 
 on, is extremely narrow, inconvenient, and dan- 
 gerous to pass over, whereby frequent mischiefs 
 do happen from stops and interruptions ; and 
 that the foundation of the said bridge has been 
 found, on examination, to be sound and good, 
 and the bridge capable of such improvements as, 
 by re-building from the said foundation, may be 
 of public utility and- advantage to the naviga- 
 tion ; and that by the removal of the houses, and 
 other obstrucflions thereon, the passage of the 
 said bridge would be rendered very safe and com- 
 modious. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for re -building, widening, and en- 
 larging the said bridge, and to raise 
 money for effecting the same j or that 
 this honourable House will grant such 
 other relief in the premises, by such 
 ways and means, and in such manner, 
 as to this honourable House shall seem 
 
 most meet. 
 
 Another
 
 APPENDIX. 
 
 213 
 
 Another Form i 
 
 IVith the addition of a Petition for leave to give the 
 Notices required by the Standing Orders. 
 
 The humble petition of the inhabitants and 
 parishioners of the several parishes of 
 
 united, and , in the town of 
 
 , in the county of — , whose 
 
 names are hereunto subscribed, for and 
 on behalf of themselves, and other the 
 inhabitants and parishioners of the said 
 several parishes. 
 
 SHEWETH, 
 
 That the said town of is a county with- 
 in itself, containing the said three parishes of 
 
 , and through the said parish of passes 
 
 the river , over which hath been a bridge 
 
 time immemorial, for carriages of every descrip- 
 tion j but the said bridge is become very ruinous, 
 and is greatly decayed, although several sums of 
 money have been expended in repairing the same. 
 
 That your petitioners, in consequence of 
 the apparently dangerous situation of the said 
 bridge, have lately caused it to be surveyed, in 
 order that the real condition thereof might be 
 known, and the expence of repairing or re- 
 building the same might be precisely ascertained ; 
 and find from the opinion of a surveyor, that it 
 is imprai^licable to repair the said bridge in ^ 
 
 p 3 sub*
 
 iI4 APPENDIX. 
 
 substantial manner j and that a plan and estimate 
 have been made for a new bridge, the expence 
 whereof will amount to £ — , or thereabouts, 
 which sum, the parishioners and inhabitants of 
 the said several parishes are unable to raise among 
 themselves, without the aid and authority of Par- 
 liament. 
 
 That your petitioners conceive the most eligi- 
 ble and least oppressive mode of defraying the 
 expence of re-building the said bridge, will be 
 by obtaining the money necessary for that pur- 
 pose, on loan from individuals, and charging the 
 messuages, lands, tenements and hereditaments 
 
 situated within the said three parishes of , in 
 
 aforesaid, with the payment thereof, within 
 
 ten years from the passing of an aft for that pur- 
 pose, to be charged, raised and levied on such 
 messuages, lands, tenements and hereditaments, 
 by an equal rate or assessment, in proportion to 
 the value of such estates respectively ; and that 
 there is a great thoroughfare over the said bridge 
 for all manner of carriages, the same being situ- 
 ated in a public road ; and there will be great 
 danger of its giving way when any carriage heavy 
 laden passes over, or if a barge in passing under 
 should strike against it, whereby many lives may 
 be lost, and great injury sustained ; and that it 
 therefore is become absolutely necessary, for the 
 safety of the public in general, that a new bridge 
 should be immediately ereded, which necessity 
 
 did
 
 APPENDIX. 215 
 
 did not arise, or was not discovered, until after 
 the time limited by this honourable House, for 
 giving the notices required by the standing orders 
 relative for building bridges. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for re-building the said bridge ; and 
 that the money necessary for that pur- 
 pose may be raised, levied, and repaid, 
 by such ways and means as to this 
 honourable House shall seem meet ; 
 and that your petitioners may be per- 
 mitted forthwith to give the notices re- 
 quired by the standing orders. 
 
 To renew a former A£l passed for building a 
 
 Bridge. 
 
 The humble petition of several of the in- 
 habitants of the parish of the town and 
 
 borough of , in the county of , 
 
 and of several other persons residing in 
 the neighbourhood thereof. 
 
 SHEW^ETH, 
 
 That your petitioners, in or about the year 
 
 , built a bridge across the river , at a 
 
 place called , near , in the parish of 
 
 , to the opposite shore, in the parish of , 
 
 •in the said county, and have made proper avenues 
 
 r 4 or
 
 2l6 APPENDIX. 
 
 or roads to and from the same, for three or four 
 miles on each side thereof, as they were autho- 
 rized by an ad passed for that purpose. 
 
 That the expence of such undertaking, amount- 
 ed to the sum of £ — , which has been borrowed 
 upon the credit of the tolls authorized to be 
 taken on the said bridge j and that the tolls of 
 the said bridge have for some years past been let 
 by audion for the sum of jf - — only, which is 
 too little to pay the interest of the debt due upon 
 the said tolls, by the sum o{ £ — per annum ; 
 and that the whole principal sum of £ — , with 
 an arrear of interest, still remains due and un- 
 paid, and that the said ad will soon expire. 
 
 Your petitioners therefore humbly pray, that 
 the said ad may be renewed, and the 
 powers thereof enlarged; and that there 
 may be an additional toll granted, for 
 making a better communication with 
 
 the town of from the said road, 
 
 at or near , by a place called -, 
 
 and for payment of the interest of the 
 expence to be incurred thereby, and of 
 the said debt of /" — due upon the 
 tolls of the said bridge. 
 
 PETI-
 
 APPENDIX. 217 
 
 (E) 
 
 PETITIONS. 
 
 .For establishhig a Court for the more easy Recovay 
 
 of Small Debts. 
 
 The humble petition of several merchants, 
 shop-keepers, dealers, and others, within 
 
 the several parishes of and , in 
 
 the county of . 
 
 SHEWETH, 
 
 That many persons to whom your petitioners 
 and others within the said parishes, in the course 
 of their dealings, are obliged to give credit for 
 small sums, taking advantage of the difHculties 
 under which persons lie in the recovery of such 
 sums by the present forms of law, frequently re- 
 fuse, though well able, to pay their just debts. 
 
 That your- petitioners apjirehcnd, that the esta- 
 blishing of a jurisdidion within the said parishes, 
 for recovery of small debts in a way less expen- 
 sive and more expeditious, would be of great 
 advantage. 
 
 your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for that purpose, under such re- 
 gulations as to this honourable House 
 
 shall seem most proper. 
 
 The
 
 2l8 APPENDIX. 
 
 The humble petition of the mayor, alder- 
 men, citizens and commonalty of the 
 city of , in common council assem- 
 bled. 
 
 SHEWETH, 
 
 That the city of is an ancient corpora- 
 tion, and a county within itself, of considerable 
 extent ; and having navigable rivers to the towns 
 
 of and , carries on a trade to those 
 
 parts, and that great numbers of artificers and 
 handicraft people are employed within the said 
 city and county of the said city, who cannot 
 support themselves without credit, and great 
 numbers of dealers from the adjacent counties 
 attend the fairs and markets held in the said city, 
 and rent stalls therein, and seek their livelihood 
 by vending their wares and merchandizes in the 
 said cit3% and from thence are obliged to give 
 credit to many of the poor inhabitants and resi- 
 ants within the said city ; and that the said arti- 
 ficers and handicraft people are frequently put to 
 great difficulties in obtaining credit ; and the 
 dealers who frequent the fairs and markets, lie 
 tinder great discouragement, from giving credit 
 for small sums to the poor inhabitants and re- 
 siants within the said city and liberties thereof, 
 by reason that many persons obtaining such 
 credit, evade the payment of their just debts, 
 
 pre-
 
 APPENDIX. 219 
 
 presuming on the expence and delay which attend 
 the recovery thereof at common law. 
 
 That your petitioners apprehend, that the giv- 
 ing of such persons as encourage the said arti- 
 ficers and handicraft people, and such dealers and 
 others, an easy and speedy method for recovering 
 their just debts at a small expence, will greatly 
 tend to the promoting industry, supporting use- 
 ful credit, and be of great utility to the said city. 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring In a 
 bill for the more easy and speedy reco- 
 very of small debts within the said city 
 and county of the said city, and the li- 
 berties thereof. 
 
 Further Petition in support of the last Petition. 
 
 The humble petition of several gentlemen, 
 freeholders, tradesmen, householders, shop- 
 keepers, and resiants within the city of 
 
 and county of the said city, whose 
 
 names are hereunto subscribed, in behalf 
 of themselves, and others inhabiting within 
 the said city and liberties thereof. 
 
 SHEWETH, 
 
 That your petitioners. In the course of their 
 dealings, frequently advance money, and give ere- x 
 dit, to the poor artificers and manufaclurers who 
 seek a livelihood within the said city, who would • 
 
 often
 
 220 ' APPENDIX. 
 
 often be otherwise subjedt to great distresses, and 
 totally unable to carry on their different occupa- 
 tions j and that your petitioners very often suffer 
 great losses, by reason that many persons decline 
 the payment of the debts they contrad, as your 
 petitioners cannot obtain the recovery thereof un- 
 less by due course of law, which hath been found 
 very expensive to the creditors, and greatly bur- 
 thensome to the poor debtors. 
 
 That if a proper court of judicature should be 
 erciflcd for the recovery of small debts in a sum- 
 mary way, it would be of great service to the said 
 artificers and manufafturers, and many other in- 
 dustrious poor persons, who, by having their 
 wants timely relieved, by finding credit, might be 
 preserved from utter ruin and destru(flion. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for the more easy and speedy reco- 
 very of small debts within the said city 
 and county of the said city, and liberties 
 thereof, or that your petitioners may 
 have such other relief as to this honour- 
 able House shall seem meet. 
 
 To extend the "Jurisdi^ion of a Court to other Hun-* 
 
 dreds. 
 
 The humble petition of several gentlemen, 
 tradesmen, artificers, and others, being in> 
 
 habitants
 
 APPENDIX. 221 
 
 r 
 
 habitants of the town of , and other 
 
 places within the hundred of , in the 
 
 county of . 
 
 SHEWETx^I, 
 
 ' That many persons frequently contradl small 
 debts within the said hundred, who, though well 
 able, frequently refuse to pay the same, presuming 
 upon the difficulties under v/hich their creditors 
 lie, in suing them by the present methods pro- 
 vided by law. 
 
 That an adl was passed in the last session of 
 Parliament, for the more easy and speedy reco- 
 very of small debts within the hundreds of 
 
 and , which your petitioners apprehend has 
 
 already been of great service within the said hun- 
 dreds; and that it would be a great advantage to 
 your petitioners and many others, if the provi- 
 sions of the said ad were extended to take in the 
 said hundred of , 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for that purpose. 
 
 To amend a former A^. 
 
 The humble petition of the several persons 
 whose names are hereunto subscribed, in- 
 habitants of the parishes of — ■ — and 
 , in the county of . 
 
 SHEW-
 
 2.22 APPENDIX. 
 
 SIIEWETH, 
 
 That an adt was passed in the year of the 
 
 reign of his hitc Majesty, for the more easy and 
 speedy recovery of small debts within the pa- 
 rishes of and , in the county of , 
 
 and that the said ad hath been found defedlive, 
 and insufficient to answer the good purposes there- 
 by intended ; and it is expedient that the powers 
 thereof should be explained, amended and en- 
 larged, and some further and other provisions 
 established, for the more easy and speedy reco- 
 very of small debts within the parishes of 
 
 and aforesaid. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for the purposes aforesaid, in such 
 manner, and under such rules, regula- 
 tions and restridions, as to this honour- 
 able House shall seem meet. 
 
 NOTICES.
 
 APPENDIX. 223 
 
 (F) 
 NOTICES. 
 
 Pavings &c. 
 
 Notice is hereby given, that application 
 will be made in the next session of Parliament, 
 for leave to bring in a bill for paving, cleansing, 
 lighting, watching, watering, and otherwise im- 
 proving and keeping in repair, the streets, squares, 
 and other public passages and places in the parish 
 
 of , in the county of , ('* or which are 
 
 and shall be made upon certain pieces of ground in 
 
 the parish of , in the county of , bilong- 
 
 ing to A, B. ^r.'V 
 
 PETITIONS. 
 
 For Lighting, &c. Streets. 
 
 The humble petition of the bailiffs, alder- 
 men, capital burgesses, and burgesses of 
 
 the town and borough of , in the 
 
 county of , and of the gentlemen, 
 
 clergy, freeholders, and other inhabitants 
 
 residing in or near the same. 
 
 SHEW-
 
 324' APPENDIX^ 
 
 SHEWETH, 
 
 That the streets and lanes within the said town 
 and borough arc very jU paved, and become very 
 ruinous and dangerous, and in several parts there- 
 of, by annoyances and encroachments therein 
 rendered very incommodious ; and the streets 
 and lanes are not sufficiently lighted and cleansed, 
 and cannot be effedually amended, widened, 
 kept in repair, lighted and cleansed, by the ordi- 
 nary course of law. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for amending, widening, keeping 
 in repair, lighting, and cleansing, the 
 streets and lanes in the said town and 
 borough, or that they may have such 
 other relief as to this honourable House 
 shall seem meet. 
 
 The humble petition of the several persons 
 whose names are herunto subscribed, be- 
 in? owners or inhabitants of houses ereft- 
 
 O 
 
 ed upon, or lessees of certain pieces or 
 
 plots of ground belonging to , in the 
 
 parish of , in the county of , on 
 
 which houses and other buildings have 
 already been erefted, or arc now ereding, 
 and intended to be ereded, 
 
 SHEW-
 
 APPENDIX. 225 
 
 SHEWETH, 
 
 That the said pieces or plots of ground have 
 lately been laid out for streets and squares, and 
 houses of considerable value have been ere(fled, and 
 are now building thereon, and many other houses 
 and buildings are purposed and intended to be built 
 in the said streets and squares j and that certain 
 parts of the said streets and squares are not paved, 
 and are subjeft to nuisances, annoyances and en- 
 croachments ; and other parts thereof, although 
 paved, are still subjed to nuisances, annoyances 
 and encroachments ; and tliat if proper powers 
 were given for paving, watching, lighting, cleans- 
 ing, regulating, and watering the said streets, 
 squares, and places not paved ^ and for keeping in 
 repair, watching, lighting, cleansing, regulating, 
 and watering those already paved, and for prevent- 
 ing nuisances, annoyances, and encroachments in 
 the same respedively, it would be a great benefit 
 and convenience to the inhabitants of the said 
 streets, squares, and places, and to all persons re- 
 sorting to, or passing through the same. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill for effefting the purposes aforesaid, 
 in such manner, and under such rules, 
 orders and regulations, as to this ho- 
 nourable House shall seem meet. 
 
 The
 
 226 APPENDIX. 
 
 The humble petition of the principal, and 
 
 other inhabitants, of the parish ot , 
 
 in the county of , whose names are 
 
 hereunto subscribed. 
 
 SHEWETH, 
 
 That the squares, yards, streets, and courts, 
 and the passages therein, or leading thereto, in 
 the said parish, are very ill paved and cleansed, 
 and incommodious to passengers, by reason of 
 nuisances, annoyances and obstructions therein ; 
 and many disorders and irregularities are fre- 
 quently committed therein in the night-time, 
 for want of the same being properly lighted and 
 watched ; and that it would be of great benefit 
 and advantage to the inhabitants thereof, arjd to 
 all persons resorting thereto, if the same were pro- 
 perly paved, cleansed, lighted and watched, and 
 freed from all nuisances, annoyances and ob- 
 i,tru6lions therein, which the inhabitants are will- 
 ing to do at their own expence. 
 
 Your petitioners therefore humbly pray, 
 that leave may be given to bring in a 
 bill tor effeftlng the purposes aforesaid, 
 by such ways and means, and in such 
 manner, as to this honourable House 
 shall seem meet. 
 
 The petition of the several noblemen, and 
 the humble petition of several others, 
 
 whose
 
 APPENDIX'. 227 
 
 whose names are hereunto subscribed, the 
 proprietors and inhabitants of houses in 
 
 , in the parish of , in tiic county 
 
 of . 
 
 SHEWETH, 
 
 That the fence and inclosure of such part of 
 the said square as was lately inclosed, is gone to 
 ruin and decay, and the same now lies open, and 
 common to the streets and ways adjoining, and 
 is become a receptacle for loose and disorderly 
 persons, to the great annoyance of the inhabitants 
 in the said square, and to the danger of their lives 
 and properties, and also all other his Majesty's 
 subjeds resorting thereto, and passing through the 
 same ; and that in case a proper inclosure was 
 made in the said square, and the same properly 
 lighted and paved, it would tend greatly to the 
 advantage of the public, and the proprietors and 
 inhabitants of the said square. 
 
 That the ground and soil of that part of the said 
 
 square formerly inclosed, being leased to private 
 
 persons, your petitioners, in order to have the 
 
 public benefit thereof, have obtained the consent 
 
 of the lessees to assign the lease> subjed: to the 
 
 rent thereby reserved, and that your petitioners 
 
 are willing and desirous, by a proportional charge, 
 
 to raise a sufficient sum for the several purposes 
 
 above-mentioned, and for maintaining the same 
 
 when done. 
 
 0^2 Your
 
 228 APPENDIX. 
 
 Yotfr petitioners therefore humbly pray, that 
 leave may be given to bring in a bill, to 
 enable the present and future proprietors 
 and inhabitants of the houses in the said 
 square, to make a rate on themselves, 
 for raising money sufficient for the in- 
 closing, paving, enlighting and adorning 
 the said square, and for supporting and 
 keeping the same in repair for the fu- 
 ture, and for the payment of the ground- 
 rent reserved by the lease above-men- 
 tioned, in such manner as to this ho- 
 nourable House shall seem meet. 
 
 For
 
 APPENDIX. 229 
 
 (G) 
 
 Fi?r coiifinning or prolonging the Term oj Letters 
 
 Patent. 
 
 NOTICE. 
 
 (Here the name by which the invention is usually 
 distinzuisheJy must be printed in capital let- 
 ters). 
 
 Notice is hereby given, that A. B. of, &:c. 
 intends to present a petition in the next session 
 of Parliament, for leave to bring in a bill in 
 order to obtain an adt for vesting in him, his 
 executors, administrators and assigns, for a term 
 of years to be limited by such acV, the sole and 
 exclusive right, benefit and advantage of making, 
 using, and vending certain by him in- 
 vented, foi" (describe distinctly the invention for 
 "jchich the letters patent have been granted) ; 
 for the exclusive right to use, make, and vend 
 
 which, the said A. B. obtained his present 
 
 Majesty's letters patent, bearing date the 
 
 day of , in the year of his said Ma- 
 jesty's reign, for the term of years from the 
 
 date of the said letters patent : And also for 
 vesting in him the said A. B. his executors, ad- 
 
 Q„3 mini-
 
 230 APPENDIX. 
 
 ; ministrators and assigns, the like sole and ex- 
 clusive right, benefit and advantage, for a term 
 of years to be limited by such a6t, of making, 
 using and vending certain improvements on, and 
 
 additions to, his the said B.'s said ; and for 
 
 the exclusive right to make, use, and vend which 
 improvements and additions, he the said A. B. 
 obtained his Majesty's letters patent, bearing date 
 
 the day of , in the year of his 
 
 said Majesty's reign, for the term of years 
 
 from the date of the said last -mentioned patent : 
 And also for vesting in him, the said A. B. his 
 executors, administrators and assigns, the like 
 sole and exclusive right, benefit and advantage, 
 for a term of years to be limited by such ad, of 
 making, using and vending certain other im- 
 provements upon, and additions to, his the said 
 
 A. B.'s said , and for the exclusive right to 
 
 make, use, and vend which said last-mentioned 
 
 ' improvements and additions, the said A. B. ob- 
 tained his said Majesty's letters patent, bearing 
 
 date the day of , in the year of 
 
 his said Majesty's reign, for the term of 
 
 years, from the date of the said last-mentioned 
 letters patent. . 
 
 C. D. agent to the said A. B. 
 
 PETI-
 
 APPENDIX. 231 
 
 PETITIONS. 
 
 The humble petition of A. B. of, 8ic. 
 
 SHEWETH, 
 
 That his present Majesty was graciously pleased 
 to grant unto your petitioner his royal letters 
 patent under the great seal of Great Britain, 
 
 severally bearing date the day of , the 
 
 day of , and the day of , 
 
 and other letters patent under the seal of Scotland^ 
 
 bearing date the day of , for various 
 
 mechanical inventions, among which was the in- 
 vention of (describe the particular invention) ; 
 together v/ith improvements upon, and additions 
 to the same. 
 
 That from the inventions for which the said 
 letters patent have been obtained, the pub'ic has 
 already derived very great and important advan- 
 tages, but that hitherto these inventions have 
 been attended with no emoluments to your peti- 
 tioner, who, in prosecuting and bringing them 
 to perfection, has consumed the best years of 
 his life, has exhausted the whole of his private 
 fortune, and has incurred debts to a very large 
 iimount. 
 
 Your petitioner therefore humbly prays, 
 
 that leave may be given to bring in a 
 
 billfor vesting in, and securing to him, 
 
 the sole property of such his said in- 
 
 0^4 ventions
 
 232 APPENDIX, 
 
 ventions as were intended for (describe 
 the invention)^ for such a term of years 
 beyond the duration of the said letters 
 patent, as to this honourable House 
 shall seem meet. 
 
 The humble petition of 
 
 SHEWETH, 
 
 That your petitioner hath by gieat study, 
 labour and expence, invented and brought to 
 per fed ion (here describe the invention for zvhich 
 the patent has been obtained). 
 
 That his Majesty, by letters patent dated the 
 day of , hath granted to your peti- 
 tioner the sole use and exercise of the said in- 
 vention, within that part of Great Britain called 
 (England^ dominion of Wales^ and town of Ber- 
 zvick- upon-Tweed^ for the term of years. 
 
 That his Majesty, by letters patent dated the 
 ■ day of , hath granted to your peti- 
 tioner the lilve sole use and exercise of his said 
 
 invention for the term of years, in that 
 
 part of Great Britain called Scotland , and as yout 
 petitioner has employed a great deal of time in 
 intense application, and been at great charges in 
 trying experiments, and in bringing the said in- 
 vention to perfedlion, your petitioner therefore 
 
 humbly hopes, that the term of years granted 
 
 him by the said letters patent, will not be deemed 
 
 a suffi-
 
 APPENDIX. 233 
 
 a sufficient recompense for the loss of time and 
 money which he has sustained, and must sustain, 
 in prosecuting this invention, so as to render the 
 same extensively useful to the public. 
 
 Your petitioner therefore humbly prays, 
 that leave may be given to bring in a 
 bill for enlarging the term granted to 
 him by the said letters patent, or for 
 such encouragement as to this honour- 
 able House shall seem meet. 
 
 DIVORCE
 
 234 APPENDIX, 
 
 (H) 
 
 DIVORCE BILLS. 
 
 Petition for 
 
 To the right honourable the Lords Spiritual 
 and Temporal in the Imperial Parliament 
 assembled ; 
 
 The humble petition of, A. B. of, &c. 
 
 Esq. 
 
 SHEWETH, 
 
 That on or about the day of , your 
 
 petitioner was married to C. D. then of, 8:j. 
 spinster, and that your petitioner and the said 
 C. D. lived and cohabited together from the time 
 of their said marriage until some time in the 
 
 month of , but there has been no lawful 
 
 issue of the said marriage. 
 
 That in the month of , the said C. en- 
 tered into and carried on an unlawful familiarity 
 and criminal conversation with F. G. of, Sec. ; 
 
 and your petitioner did in Hilary Term , 
 
 bring his aiflion at law in the court of ■ 
 
 at Westminster, against the said F. G. for 
 such criminal conversation, and obtained judg- 
 ment in the said adion for £ — damages, besides 
 costs. 
 
 That
 
 APPENDIX. 2^_5; 
 
 That your petitioner exhibited a hbcl in the 
 
 Consistory court of" , against the said C. and 
 
 on the day of , obtained against her 
 
 in the said court, a definitive sentence of di- 
 vorce from bed and board and mutual cohabi- 
 tation, for adultery committed by her with the 
 said F. G. 
 
 That the said C. hath, by her adulterous be- 
 haviour, dissolved the bond of marriage on her 
 part, and that your petitioner stands deprived of 
 the comforts of matrimony, and may be liable 
 to have a spurious issue imposed on him, un- 
 less the said marriage be declared void and 
 annulled by authority of Parliament. 
 
 Your petitioner therefore humbly prays 
 your Lordships, that leave may bs 
 given to bring in a bill to dissolve his 
 marriage with the said C. D. and to 
 enable him to marry again, and that 
 he may have such other relief in the 
 premises as this right honourable House 
 shall think proper. 
 
 Petilion to dispense iztib the Attendance of a Pi-rty 
 applying for a Divorce, on the Second Reading of 
 the Bill. 
 
 To the right honourable the Lords Spiritual 
 and Temporal in the Imperial Parliament 
 assembled , 
 
 The
 
 '?^6 APPENDIX. 
 
 The humble petition of L. M. of, &c. the 
 attorney of A. B. of, &c. in the East 
 Indies; Esq. 
 
 SHE^VETH, 
 
 That the said A. B. by your said petitioner, did 
 on the day of , instant, present his pe- 
 tition to this right honourable House, praying 
 your Lordships that leave might be given him to 
 bring in a bill to this right honourable House, to 
 dissolve the marriage of the said A. B. with C. D. 
 
 That the second reading of the said bill is ap- 
 pointed for the day of . 
 
 That by your Lordships' order of the day 
 
 of , your Lordships have been pleased to or- 
 der that the said A. B. should attend this right 
 
 honourable House on the said day of , 
 
 instant, touching the said ImII. 
 
 That the said A. B. is at present, and for some 
 
 years last past hath resided at , in the East 
 
 Indies, and by reason of his present absence from 
 England^ is unable to attend this right honourable 
 House on the matter of the said petition and bill. 
 
 Your petitioner therefore humbly prays 
 your Lordships, that in consideration of 
 the circumstances of the case, it may 
 please your Lordships to dispense with 
 the attendance of the said A. B. at the 
 bar of this right honourable House, on 
 the second reading of the said bill.
 
 APPENDIX. 237 
 
 Petition to dispense with a Personal Service of an 
 Order and Copy of the Bill, on the Party against 
 zvhom a Divorce is sued for. 
 
 To the honourable the Commons of the 
 united kingdom, &c. 
 
 The humble petition of L. M. agent for 
 A. B. of, &c. Esq. 
 
 SHE WET II, 
 
 That by ai; order of this honourable House, 
 made upon the second reading of the ingrossed 
 bill from the Lords, entitled, an ad to dissolve 
 
 the marriage of , Esq. with his now 
 
 wife, and to enable him to marry again, and for 
 other purposes therein mentioned, It was ordered, 
 that it be an instruction to the committee to 
 whom the said bill was then committed, that they 
 do hear counsel, and examine witnesses for the 
 said bill ; and also that they do hear counsel and 
 examine witnesses against the said bill, if the par- 
 ties concerned think fit to be heard by counsel, or 
 to produce witnesses. 
 
 That your petitioner hath made diligent in- 
 quiry after the said , and he is credibly in- 
 formed, and believes she is now in , or some 
 
 parts beyond the seas, so that she cannot have 
 personal notice of the said order of this honour- 
 able House, to be heard by her counsel, and exa- 
 mine
 
 23S ' APPENDI^C, 
 
 mine witnesses against the said bill, if she should 
 think, fit so to do. 
 
 Your petitioner therefore humbly prays,, 
 that leave may be given, that service of 
 the order, and delivering an attested 
 copy of the said bill now depending, 
 signed by the clerk of this honourable 
 
 House, to , trustee for the said 
 
 , may be deemed as effe6lual no- 
 tice to the said , of the order of 
 
 this honourable House, and of the time 
 of the commitment of the said bill, as 
 if she was personally served with the 
 same. 
 
 Form
 
 APPENDIX. 239 
 
 (1) 
 
 Fortn of an Order of Reference to the Judges. 
 
 Die Mercun'i, 1 5 February 1801, 
 
 Upon reading the petition of A.B. and CD. 
 praying leave to bring in a bill for the purposes 
 in the said petition mentioned, it is ordered by 
 the Lords Spiritual and Temporal in the Impe- 
 rial Parliament assembled, That the consideration 
 of the said petition be, and is hereby, referred to 
 Mr. Justice E, and Mr. Justice F. who are forth- 
 with to summon all parties concerned in the bill, 
 and after hearing them, are to report to the 
 House the state of the case, with their opinions 
 thereupon, under their hands, and whether all 
 parties who may be concerned in the consequences 
 of the bill have signed the petition, and also that 
 the judges having perused the bill, do sign the 
 
 same. 
 
 (Signed) G. R. Pari. CL 
 
 Form
 
 240 ' APPENDIX. 
 
 Form of the Judges^ Report. 
 
 To the right honourable the Lords Spiritual 
 and Temporal in the Imperial Parliament 
 assembled. 
 
 Jn pursuance of your Lordships' order of re- 
 ference, of the day of , made upon 
 
 the petition of A. B. and C. D. we have been 
 attended by the said petitioners and their agent, 
 and have considered the several allegations and 
 matters contained in the said petition, and do 
 find : 
 
 That, &c. (here set forth the faBs and alicga- 
 lions in the petition). 
 
 And we do further find, that, &c. 
 
 And it hath been proved before us, that, Src. 
 
 The report then concludes thus : 
 
 And we do further certify to your Lordships, 
 that the aforesaid A. B. and C. D. who are the 
 only persons who appear to us to be beneficially 
 interested in the consequences of the said bill, 
 have signed the petition hereunto annexed. 
 
 And we have perused and signed the bill an- 
 nexed, which we conceive to be proper for effec- 
 tuating the purposes aforesaid. 
 
 (Signed) By the Judges. 
 
 Form
 
 APPENDIX. 241 
 
 Form of Affidavit, that a Party interested in the 
 Consequences of the Bill is confined to his House by 
 Sickness, 
 
 S. L. and R. W. both of, &c. gentlemen, seve- 
 rally make oath and say, that on the day of 
 
 instant, they these deponents did severally 
 
 attend A. H. of, &c. Esq. at his house at — — 
 aforesaid, and that he was then in bed, and there 
 confined, as these deponents were informed and 
 verily believe, with a severe bilious complaint, and 
 unable to stir from home; and that the said A.H. 
 did, in the presence of both these deponents, sign 
 the paper-writing hereunto annexed, marked with 
 
 the letter (a) containing sheets of paper, and 
 
 entitled, " An A61" (here set forth the title of 
 the a 51) ; and that the said A. H. did declare 
 that he did consent, and was willing that the said 
 bill should pass into a law; and in testimony of 
 such his consent, did sign his name to the consent 
 subscribed at the foot of the said paper-writing 
 or copy ; and that the name of A. H. appearing 
 to be set and subscribed to the said bill, is of 
 the proper hand-writing of the said A. H. 
 
 is worn by the said S. L. and R. W. 
 at the public office in Southamp- 
 ton-buildings, this day of 
 , before me. 
 
 R GENERAL
 
 GENERAL INDEX. 
 
 A. 
 
 ABSCONDING, 
 
 of a party to evade the service of an order of either 
 
 House of Parliament, 20. 
 how to proceed in such cases, ib, 
 ABSENT PEERS, may appoint proxies, 32. 
 ABSTRACT. See Breviate. 
 ACT OF PARLIAMENT, 
 when so styled, 60. 
 the date of its commencement, ih. 
 in what cases it must be pleaded, 2. 
 cited relating to 
 
 bridges, 124. 
 inclosures, 67, 95. 
 turnpike roads, 99, 100. 
 ADJOURNMENT OF PARLIAMENT. See Parliament. 
 
 how it affefts the proceedings on private bills, 61, 
 ADULTERY, ACT OF. See Divorce. 
 AFFIDAVITS, 
 
 of illness of parties, when required, 153. 
 
 in particular cases, admissible evidence, 154. 
 
 in general not allowed to be read in evidence In 
 
 either House, 24. 
 See tit. Inclosures. 
 ALLEGATIONS, 
 
 of a petition, 
 
 how to be proved, 18, 24, 
 
 R 2 ALLE.
 
 244 GENERAL INDEX. 
 
 ALLEGATIONS, 
 
 how to be proved, . .- • 
 
 at the bar of the House, 20. - 
 
 at a committee, 24. 
 
 before the judges, 18. 
 
 of a bill, 
 
 to be proved at the committeej 4$. 
 
 ALTERATIONS, IN BILLS, 
 
 may be proposed in the committee, 46, 50. 
 on the report, 53. 
 on the third reading, 55, ^6. 
 may be adopted in one stage, and the same alte- 
 rations rejefted in another, and so vice versa, 
 
 37' 38. 
 AMENDMENTS, 
 
 may be made by one House, in bills sent to them 
 
 from the other, 58. 
 must be agreed to by both Houses, 59. 
 in what parts of a bill the Commons will not 
 agree to the Lords making any amendments or 
 alterations, 58, 59. 
 how to be prepared, 47, 56. 
 AQUEDUCTS. See Navigation. 
 ASSENTS. See Consents. 
 ATTAINDER, BILLS OF, 
 
 resolutions respefting, p. 3, in Notes. 
 ATTESTATION OF DEEDS. See Witnesses. 
 ATTORNEY, LETTER OF, 
 
 to sign a bill for another person, when necessary, 87. 
 
 not sufficient, j^. 
 
 B. 
 
 BILLS, 
 
 private, descriptions of, 2. 
 
 in which of the two Houses they should be 
 begun, 34. 
 
 BILLS,
 
 GENERAL INDEX. 245 
 
 BILLS, 
 
 private, 
 
 cannot be presented until a petition has been pre- 
 sented, and leave given by the House, 7, 8. 
 provisions required to be- made therein by standing 
 
 orders, 32. See title of each particular bill, 
 breviate of, to be made for the Speaker, 33. 
 by whom to be introduced, ib. 
 introduftion of, may be opposed by a member, 36. 
 must be printed before they can be read a first time 
 at the Commons, 34. 
 
 and before the second reading at the 
 Lords, 40. 
 prints of, to be left with the door-keepers, 34, 40. 
 may be opposed in every stage, ^6, 
 no private person can be heard against them, until 
 a petition has been presented, and the leave of 
 the House obtained, 38. 
 what distance of time between the first and second 
 reading at the Lords, 41, 120, 153, 152. 
 at the Commons, 43. 
 relating to Ireland, ib. 
 If prepared improperly, may be withdrawn, and a 
 
 new bill presented, 38, 5'9. 
 in what stage committed, 41, 44. 
 in which the Crown is concerned, 
 
 how to be proceeded upon, 39. 
 committees upon, the objedl of, 45. 
 
 standing orders relative to, 48, 49. 
 notice of meeting to be given, 48. 
 number of members to form a 
 committee, 
 
 at the Lords, 4^. 
 at the Commons, 50. 
 may be adjourned, 44. 
 what members have voices there, 45. 
 proofs to be given before, 46. 
 R 3 BILLS,
 
 44$ GENERAL INDEXrf 
 
 BILLS, 
 
 committees opon, 
 
 attendance of persons before, how to be en, 
 
 forced, 46, 51. 
 the most proper stage to make amendments 
 
 or alterations, 46. 
 how amendments should be prepared, 47. 
 the principle of the bill cannot be disputed 
 at, 50. 
 if once rejedcd, cannot be offered again in the 
 
 same session, 36. 
 report upon, from seledt committees, 
 by whom to be made, 52, 53. 
 when it may be proper to be committed, 54. 
 recommitted for several purposes, ib. 
 amendments sometimes made to, 53. 
 dates and penalties cannot be then enlarged,[/5 ' 
 may be lessened, ib. 
 third reading thereof, 55, 56. 
 
 amendments may then be offered, ib. 
 title of, to be sent up with the report from a com- 
 mittee upon a petition, 26. 
 when settled, 35. 
 
 how to proceed to alter the title, ib. 
 must be indorsed on the ingrossment, 57, 
 how they are sent from one House to the other, 
 
 55' 57- 
 fees for, when payable, 42, 
 
 Vide Committees, Consents. 
 
 BLOOD, RESTITUTION IN, Bills for, 
 
 in which House they should originate, 3. 
 
 BREVIATE OF BILLS, 
 
 to be made for the Speaker, 21, 33, 35. 
 
 BRIDGES, 
 
 bills for building of, i , 
 
 . in which House to be begun, 122. 
 
 standing orders relating to, 122, 123, 
 
 BRIDGES ,
 
 GENERAL INDEX. 24/ 
 
 BRIDGES, 
 
 bills for building of, 
 
 what previous notices are required, ili. 
 afts of parliament relating to, il>. 
 
 C. 
 
 CASES decided, respefting 
 
 inclosures, 93, 94. 
 
 paving and lighting streets, &c. 128. 
 navigations, 1 1 1 . 
 turnpike roads, 10 1. 
 CERTIFICATE. See Witnesses. 
 CITIES. See Paving. 
 COMMITTEES, scled, 
 
 standing orders relative to, 30, 48-9, 8g, 
 
 when a bill is referred to, 41. 
 
 number of Lords requisite to form, 45. 
 
 number of Members requisite to form, 50. 
 
 of the whole House, ib, 
 
 may not interline or erase the House bill, 47, 
 
 proxies cannot be used there, 32. 
 
 not the place to offer objeftions to the principle of 
 
 a bill, 50. 
 the consents of parties, when necessary should be 
 
 proved, in this stage of a bill, 48. 
 the most proper stage to propose alterations or 
 
 amendments to a bill, 46. 
 See Report from. 
 COMMONS, HOUSE OF. See tit. Standing Orders, 
 membeis cannot appoint proxies, 31. 
 Speaker of does not vote, unless to give a casting 
 
 vote, lb, 
 what bills must originate in, 4. 
 CONSENT, 
 
 of parties when to be applied for, 85. 
 
 R 4 CONSENT
 
 248 GENERAL INDEIC. 
 
 CONSENT, 
 
 of parties, 
 
 standing orders relating to, 48, 154. 
 bill to be tendered to every person interested, for, 8 J. 
 when required to be given in person, 153, 157. 
 maybe taken on printed or written bills, 86. 
 on different bills, ib. 
 
 should be written at the end of the bill, 87. 
 how required to be proved, 
 at the Lords, 92. 
 at the Commons, 8g. 
 signatures to a bill identified, 
 
 by a Peer at the Lords, 86. 
 by a Member at the Commons, ib, 
 when sufficient evidence of, ib. 
 residing in Scotland, 
 
 how to be given, 14, 15. 
 before whom, ib. 
 how to be proved, ib. 
 residing, in Ireland, 
 
 how to be given, 16, 17. 
 before whom, ib. 
 how to be proved, ib. 
 in what stage of the bill to be proved, 21, 88-g, 
 
 112. 
 list of, when to be presented with a report, 113. 
 when to be left at the parliament -office, 
 118. 
 of the Crown, . 
 
 how to be obtained, 39. 
 by whom to be given, ib. 
 in what stage of the bill, ib. 
 must be given in both Houses, 40. 
 of a Lunatic, 
 
 how to be obtained, 87. 
 by whom to be given, ib, 
 
 CONSENT,
 
 GENERAL, INDEX. 249 
 
 CONSENT, 
 
 of Married Women, 1 when required to be given 
 
 or Infants, 5 in person, i 56. 
 
 of Trustees, when required to be given in person, 
 
 in what cases not necessary, 157, 
 CONTEMPT OF PRIVILEGE. See Witnesses. 
 COUNSEL, 
 
 attendance of, when requisite, 41, 136, 137, 139. 
 cannot be heard against a bill until an order of the 
 House has been made for that purpose, 39. 
 CROWN LANDS, 
 
 bills afFefting, in which House to be begun, 6. 
 petitions for bills affeftlng them, must come re- 
 commended by his Majesty, 9. 
 
 cannot be received without 
 such previous recommen- 
 dation, ib. See Consent. 
 D. 
 DEEDS recited, 
 
 in petitions or bills, 
 must be produced, 18. 
 and the execution thereof proved, 19. 
 
 unless thirty years old ; 
 
 then the execution need not be proved, ib. 
 
 subscribing witnesses to, attendance of, how to be 
 
 enforced, ib. 
 produdion of, how to be procured, ib. 
 
 before the judges, ib, 
 
 before a committee, 21, 
 
 before either House of 
 
 Parliament, 46, 51. 
 
 DEFINITIVE SENTENCE. See Divorce. 
 
 DISPENSING WITH STANDING ORDERS. See Stand. 
 
 ing Orders. 
 DISSOLUTION OF PARLIAMENT, 
 
 the effeaof, on the proceedings on private bills, 61. 
 
 DIVORCE,
 
 2-3 GENERAL INDEX. 
 
 DIVORCE, BILLS OF, 
 
 Lords' standing orders relating to, 132, 135'. 
 
 begin with the Lords, 5. 
 
 petition for, by whom to be signed, 132. 
 
 official copy of proceedings, and of a definitive sen- 
 tence in the Ecclesiastical court, must be presented 
 at the same time with the petition, ih. 
 
 when they may be presented, 133. 
 
 usual orders on the first reading of, at the Lords, 
 
 133- 
 space between the first and second reading of, ib. 
 
 ofiicc-copy of, to be served on the party before 
 
 the second reading, 134. 
 notice of the second reading, when personal ser- 
 vice thereof imprafticable, how to proceed, ib. 
 petitioner's attendance required, on the second 
 reading, 13J. 
 
 in what cases it will be 
 
 dispensed with, 136. 
 how to proceed when he 
 is abroad, ih. 
 •nthesecond reading of, witnesses should attend, 137. 
 
 what evidence]thon neces- 
 sary, ib. 
 are committed to a committee of the whole House, 
 138. 
 at the Commons, 
 
 standing orders relating to, 139. 
 
 usual orders made on the second reading, 138. 
 
 how to be served, ib. 
 
 when pers-onal service thereof impradicablc, 
 
 how to proceed, 139. 
 axe committed to a committee of the whole 
 
 House, ib. 
 the evidence necessary to be given before the 
 committee, ib. 
 
 DRAM ROADS. Sec Railway. 
 
 ERASURES,
 
 GENERAL INDEX. 25I 
 
 E. 
 
 ERASURES, 
 
 must not be made in the bill presented to the 
 
 House, 39. 
 ENCLOSURES. See Inclosures. 
 ESTATE BILLS, 
 
 standing orders relating to, 11 to 17, 143 to 151. 
 generally begin at the Lords, 6. 
 in what cases they must be begun at the Com- 
 mons, ih, 
 petition for, 
 
 what it should state, 142, 
 by whom to be signed, 9. 
 referred to the judges, 6. 
 how to proceed before them, 18, 21. 
 signatures to petition to be proved, 18. 
 allegations thereof to be proved, 19. 
 witnesses to be sworn at the bar of the 
 House of Lords, 18. 
 form of judges' report, 145. 
 what it should state, ib. 
 must be signed by the judges, 21. 
 relating to Scotland or Ireland, to whom re- 
 ferred, 10, II. 
 
 standing orders relating to, ib. 
 must be printed before the second reading at the 
 
 Lords, 40. 
 sent from the Commons to the Lords, 
 referred to the judges before the second read- 
 ing, 152. 
 committee upon at the Lords, 
 
 parties to appear personally to 
 
 give their consents, 153. 
 if prevented by illness, how their 
 consent must be proved, 1 54. 
 ESTATE
 
 j^ GENERAL INDEX* 
 
 ESTATE BILLS, 
 
 committee upon, 
 
 at the Commons, 
 
 consent 'u\ person not required, 158^. 
 
 See Bill, Committee, Consent. 
 
 EVIDENCE, 
 
 parole, 
 
 of what fafts required, r8, 20. 
 
 when affidavits may be produced. 
 
 cxtrafts how to be made evidence, 19. 
 
 what deeds may be given in evidence wlthoot 
 
 proofs of their execution, jl>. 
 
 of consents, what sufficient, 86. 
 
 of the publication of notices, 90, 98, no, 120, 
 
 124, 130. 
 
 recitals when evidence, 98. 
 
 illness of persons how to be proved, 25. 
 
 See tit. Witnesses. 
 
 EXONERATION FROM TITHES. See Inclosures» 
 
 F. 
 
 FEES payable for private bills, 42. 
 when due, il?. 
 
 quantum of, how to be ascertained, ih. 
 Armstrong, Sir Tho. bill, ordered to pass without 
 paying fees, i6. 
 
 I. 
 
 IDENTITY, 
 
 of persons, tg. 
 signatures, 86. 
 ILLNESS OF PARTI F:S, 
 
 a sufficient reason for dispensing with standing orders 
 requiring personal attendance, 25. 
 INABILITY TO ATTEND, the same, 16. 
 
 INCLOSURE,
 
 GENERAL INDEX. 253 
 
 IKCLOSURE, BILLS OF, 
 
 in which House to be begun, 63. 
 notices previous required, of the application, /^. 
 how to be given, 64. 
 standing orders relating to, 63. 
 how to be proved, 64. 
 petition for, 
 
 by whom to be signed, 65. 
 within what time to be presented, 10. 
 signatures to, not required to be pioved, 24, 
 provisions required to be made therein by standing 
 
 orders, 67. 
 must be tendered to all persons interested, for 
 their consent, 85. 
 
 consents how to be proved, 
 
 at the Commons, 86, 88. 
 at the Lords, 86, 92. 
 instances of consents being proved on the third 
 
 reading of, 9 1 . 
 afts of Parliament relating to, 67, 93, 
 cases decided respefting, 95. 
 INFANTS. See Consents. 
 INTERLINEATION, 
 
 must not be made in a bill presented to the House, 35, 
 INVOLUNTARY WITNESS, 
 
 how the attendance of, is to be enforced, 
 before the judges, 19. 
 before a committee, 46, 5 1 . 
 IRELAND, 
 
 standing orders o»/y relating to, 15, 43, 49, 150, 
 notices required by standing orders, 
 how to be proved, 49. 
 consents of parties how to be proved, ih. 
 estate bills relating to, how to be proceeded in, 
 may be referred to the judges in Ireland, 15. 
 
 JUDGES,
 
 ^^ GENERAL INDEX. 
 
 J. 
 
 JUDGES, 
 
 reference of petitions to, lo. 
 
 of bills, 152. 
 standing orders of the Lords relating to, 11, 12, 
 proceedings before them, 18. 
 what evidence must be produced before them, /i. 
 how witnesses' attendance before them is to be en- 
 forced, 19. 
 witnesses to be sworn at the bar of the House of 
 
 Lords, 18. 
 report of, what It should state, 145. 
 must be signed by them, 2 1 . 
 and annexed to the petition, &c. iB, 
 of Scotland, reference of petitions to, 10. 
 
 of bills to, 13. 
 standing orders of the Lords, relating to, 15, 
 
 14, 15. 
 
 of Ireland, reference of petitions to, 11. 
 
 of bills to, 15. 
 standing orders of the Lords, relating to, 
 
 15, 16. 
 JUDICATURE, BILLS OF, 
 
 must originate with the Lords, 3. 
 
 K. 
 KING. See Crown, Consent. 
 
 L. 
 
 LEGISLATIVE POWER, i. 
 LETTERS PATENT, 
 
 bills for confirming, SiC, 129, 
 
 LET-
 
 GENERAL INDEX. 255 
 
 LETTERS PATENT, 
 
 standing orders relating to, ib. 130. 
 
 notices previous to applications for, required, i2g, 
 
 how to be given, ib. 
 in which House to be begun, ib. 
 petitions for, must have a copy of the letters patent 
 annexed, 130. 
 
 will be referred to a committee to be consi- 
 dered, ib. 
 LOCAL ACTS, 
 
 why so called, 2. 
 LORDS, HOUSE OF. See tit. Standing Orders, 
 what bills should originate in, 3, 4, 5, 6. 
 may appoint proxies to vote in the House, 31. 
 but a Spiritual Lord must vote for a Spiritual Lord, 
 and a Temporal Lord for a Temporal Lord, 32. 
 but not at committees, ib. 
 the Speaker of, no casting vote, 31. 
 examine witnesses on oath, 4.2, 46, 85, 92, 153. 
 LUNATICS. See tit. Consent. 
 
 M. 
 
 MAGISTRATES, 
 
 may administer oaths of notices, &c. for inclosure 
 bills having been affixed, 90. See tit. Inclosures. 
 MENSA ET THORO. See Divorce. 
 
 N. 
 
 NAME BILLS, 
 
 in which.House to be begun, 6. 
 NATURALIZATION BILLS, 
 
 in which House they should originatCj ib. 
 NAVIGATION, 
 
 bills for making, 102. 
 
 NAVI,
 
 256 GENERAL INDEX. 
 
 NAVIGATION BILLS, 
 
 in which House they should originate, ih. 
 previous notices required to be given, ib. 
 in v/hat manner, ib. 
 what they must set forth, loy. 
 standing orders relating to, 103-8. 
 a map of the navigation, and a book of reference of 
 -^ the names of the proprietors, and a list of con- 
 
 sents, &c, to be deposited with the clerk of the 
 peace, 104. 
 
 within what time, ro^. 
 the clerk of the peace to make a memorial of the 
 
 day they are left with him, ic6. 
 previous application required to be made to the 
 owners and occupiers of lands, for their consents, 
 and a map of the canal, to beshewn to them, 107. 
 list of consents, dissents, and neuters, an estimate of 
 the expenccs, names of subscribers, and sums sub- 
 scribed by them, must be annexed to the peti- 
 tion, ib. 
 petition for, by whom to be signed, 1 10. 
 
 referred to a committee, ib. 
 the proofs required to be given be- 
 fore them, ib. 
 provisions required by the standing orders to be 
 
 made therein, 1 1 1 . 
 must be seven days between the first and second 
 
 reading thereof, at the Commons, ib. 
 proofs required to be given before the committee on 
 
 the bill, 1 1 2. 
 must be seven days between the day the report is 
 made and the day on which it is taken into con- 
 sideration, 1 13. 
 report must be printed, and a list of consents, &c. 
 be annexed to the report made to the House, ib. 
 
 at
 
 GENERAL INDEX. 2^7 
 
 NAVIGATION BILLS, 
 at the Lords, 
 
 notices required to be given, agreeable to 
 their standing orders, 114. 
 in what manner, n^. 
 what they must contain, 116. 
 a map of the navigation, &c. book of re- 
 ference, containing a list of the owners' 
 and occupiers' names, and an estimate of 
 the expences, to be deposited with the 
 clerk of the Parliaments before the bill is 
 brought from the Commons, ii. 
 map to be engraved, and annexed to the bills 
 
 laid on the table, 120. 
 evidence to be given before the committee, 
 121. 
 NOTICES 
 
 of applications to Parliament, 
 for bridges, 122. 
 
 how to be given, 125. 
 what they should express, ii. 
 standing orders relating to, ii. 
 inclosure or drainage bills, 63. 
 
 in what manner they must be given, 64. 
 how to be framed, i^. 
 standing orders relating to, 63. 
 when to be proved, 64. 
 navigations, &c. bills, 102. 
 
 how they must be given, ii. 
 what they should contain, 105. 
 when to be proved, no. 
 standing orders of the Lords relating 
 to, I 14. 
 
 of the Commons, 105. 
 letters patent, prolonging, &c. 129. 
 
 ^ NOTICES,
 
 2r8 GENERAL INDEX. 
 
 NOTICES, 
 
 of applications to Parliament, 
 
 for letters patent, prolonging, &c. 
 
 what they should express, 130. 
 how to be published, 129. 
 *■ when required to be proved, 1 30. 
 
 standing orders relating to, 129, 
 paving towns, &c. 127. 
 
 how they should be given, ib. 
 when to be proved, ib. 
 standing orders relating to, 127-8. 
 turnpike-road bills, 95. 
 
 what they should contain, 96. 
 how to be published, 95. 
 when to be proved, 98. 
 standing orders relating to, 95-6. 
 when they have not been given agreeable to the 
 standing orders, how to proceed, 26, 27, 28. 
 
 O. 
 
 ORDER OF LEAVE 
 
 for bringing in a bill, 
 
 when to be obtained, 35. 
 where, ib. 
 ORDERS. See Standing Orders. 
 
 P. 
 PARLIAMENT, 
 
 power of, I . ■ 
 
 PATENTS. See Letters Patent. 
 
 PEERS. Sec Lords. 
 
 PETITIONS FOR BILLS, 
 
 to the Lords, 
 
 by whom to be signed, 7. 
 
 presented, 9. 
 
 PETITIONS,
 
 GENERAL INDEX. 259 
 
 PETITIONS FOR BILLS, 
 to the. Lords, 
 
 when referred to the judges, lo. 
 relating to Scotland, ib, 
 relating to Ireland, ib. 
 
 to what judges referr'ed, ib. 
 standing orders relating to, 7, 8, 11, 12. 
 
 Scotland, 13, 14. 
 Ireland, 15, l6# 
 to the Commons, what they must contain, 8. 
 by whom to be signed, 9. 
 
 presented, ib. 
 within what time, 10. 
 
 if not presented in due time,how to proceed,/^, 
 when referred to seleft committees, 23, 24. 
 signatures to, need not be proved, 24. 
 standing orders relating to, 7, 8, 23, 30. 
 relating to crown lands, must be recom- 
 mended by his Majesty, 9. 
 when committees may meet upon, 24. 
 AGAINST BILLS, when they may be presented, 
 29, 44. 
 
 the most proper stage to present them, 33. 
 PRIVATE ACT OF PARLIAMENT, 
 what, 2 . 
 
 must be pleaded, ib. 
 PRIVILEGE. See tit. Proteaion of the House. 
 PRODUCTION OF DEEDS OR WRITINGS, 
 
 how to be enforced, 1 9 . 
 PROOFS. See Evidence, Witnesses. 
 PROROGATION OF PARLIAMENT, 
 the efFeft of, on private bills, 61. 
 PROTECTION OF THE HOUSE, 
 
 instances of its being granted to parties having 
 bills depending therein, 62. 
 PROXIES in the House of Lords. See Lords. 
 
 5 2 PUBLIC
 
 260 GENERAL INDEX. 
 
 PUBLIC MONEY, 
 
 reference to standing orders relating to applications 
 for, 62. 
 
 R. 
 
 RAILWAYS, 
 
 standing order relating to, 100. See Navigation, 
 RECITALS, 
 
 must be proved in petitions, 18, 
 bills, 153. 
 REFERENCE to the Judges. See tit. Judges. 
 RELIGION, 
 
 reference to standing orders relating to bills rc- 
 spefting, 62. 
 RESTITUTION in Blood or Honours, 
 
 bills for, must originate with the Lords, 3. 
 REPORT FROM COMMITTEES, 
 at the Lords, 5 1 . 
 
 when to be made, 52. 
 standing orders relating to, ih. 
 at the Commons, 
 
 when to be made, 53. 
 standing orders relating to, 52. 
 amendments made to bills on, ib. 
 sometimes re-committed, 54. See Judges, 
 Divorce, Inclosure, Navigation. 
 REVERSAL OF OUTLAWRIES, 
 
 bills for, originate with the Lords, 3. 
 ROADS. See Turnpike-Roads. 
 RYDER to a Bill, 
 what, ^6, 
 
 S. 
 
 SCOTLAND, standing orders, relating to, 13, 148. 
 
 SERVICE OF ORDERS of the House, 
 
 by whom to be made, 24. 
 
 SESSION
 
 GENERAL INDEX, 26l 
 
 SESSION OF PARLIAMENT, 
 
 what, 6i. 
 SOLICITORS, 
 
 where the proteftion of the House has been ordered 
 to them, 62. 
 STANDING ORDERS, rclaung to petiljons in general, 
 
 at the Lords, 7. 
 at the Commons, 7, 8. 
 to particular petitions, 
 
 at the Lords, 1 1 to 17. 
 at the Commons, 23, -^o. 
 to bills in geiieral, 
 
 at the Lords, 40, 51. 
 at the Comrrons, 32, 34, 
 43,48-9,52. 
 to peculiar bills. See Inclo- 
 sures, Navigation,, &c. 
 relating to Ireland, 23, notes. 
 
 T. 
 
 TITLE OF ACTS OF PARLIAMENT, 
 standing orders relating to, 32. 
 in what stage settled, 57. 
 TRADE, 
 
 reference to standing orders relating to bills rc- 
 spefting, 62. 
 TRUSTEES, 
 
 personal attendance of, when required, 153, 156. 
 when dispensed with, 157. See Consent. 
 TURNPIKE-ROADS. See Notices, Bill, Committee, 
 should originate at the Commons, gj. 
 standing orders relating to, 95, 96, 97. 
 provisions required to be made tlierein by the stand- 
 ing orders, 99, 100. 
 public afts of Parliament relating to, ib. 
 cases decided respcfting, i o i . 
 
 WIT.
 
 262 GENERAL INDEX. 
 
 W. 
 
 WITNESSES, ' , 
 
 must be sworn at the Lords, 18, 42. 
 but not at the Commons, 50. 
 when necessary to be re-sworn, 42. 
 certificate of their having been swoni, when re- 
 quired, 18. 
 
 when not, 42, 153. 
 attendance of, how to be enforced, 19. 
 before the judges, 20. 
 before a committee^at the Lords, 46. 
 before a committee at the Commons, ^i. 
 not admissible, if they have signed the pe» 
 tition for the bill, 9. 
 
 INDEX
 
 INDEX TO THE APPENDIX. 
 
 PRECEDENTS, 
 
 of NOTICES previous to the application to Parlia- 
 ment for bills, 
 for building bridges, &c. 210. 
 inclosing or draining lands, 163. 
 making railways, 195. 
 
 confirming or prolonging the term of letters pa- 
 tents, 229. 
 making navigations, 192-3. 
 paving towns, 225. 
 making turnpike-roads, &c. 181. 
 another form, in pursuance of a special order 
 of the House, ib, 
 «f PETITIONS, 
 
 for creeling a new bridge, 211. 
 
 rebuilding a bridge, 212. 
 another form, with a petition for leave to give 
 the notices required by the standing orders, 
 213. 
 to renew a former aft passed for building a 
 
 bridge, 215. 
 for a divorce bill, 234. 
 
 to dispense with the attendance of the party ap- 
 plying, on the second reading of the bill, 235. 
 to dispense with a personal service of an order and 
 copy of a bill, 237. 
 
 PRECE-
 
 264 INDEX TO THE APPENDIX. 
 
 PRECEDENTS OF PETITIONS, 
 for drainage bills, 167. 
 
 draining and inclosing, 165. 
 
 amending and rendering more efFeflual a former adl 
 
 for draining lands, 169. 
 additional provision in a drainage and inclosure 
 bill, 178. 
 relative to notices for provision in a drainage and 
 
 inclosure bill, 179. 
 for an inclosure bill, 
 
 inclosing and extinguishing rights of commons, 164. 
 exonerating from cithes, lands already inclosed, 
 
 confirming an agreement for an inclosure bill, 172. 
 leave to present a petition for an inclosure bill, 
 
 177- 
 against certain clauses in an inclosure bill, 174. 
 
 the principle of such a bill, 175. 
 
 for navigation bills, 
 
 making a river navigable, 194. 
 
 making a new canal, 195. 
 
 another form, 196. 
 
 raising further sums to finish a canal, and to alter 
 
 and amend a former aft, 198. 
 
 raising a further sum, increasing the tonnage, and 
 
 amending a former aft, 200. 
 
 AGAINST navigation bills, 203. 
 
 . another form, 205. 
 
 another form, 208. 
 
 to extend a railway, and amend a former aft, 202. 
 
 for bills fcr paving and lighting, 224. 
 
 paving, lighting, watching, watering, &c. 226. 
 
 paving, lighting, and watering squares, &c. 226. 
 
 for bills for confirming, Sec. letters patent, 231-2. 
 
 PRECE,
 
 INDEX To THE APPENDIX. 265 
 
 PRECEDENTS OF PETITIONS, 
 
 for bills to establish a court for the more easy re- 
 covery of small debts, 217-18. 
 in support of such bills, 219. 
 
 for a bill to extend the jurisdidlion of a court to other 
 hundreds, 220. 
 amending a former aft, 221. 
 for a bill to make a new turnpike-road, 182. 
 
 continuing the term of a former aft, and for making 
 
 a new branch of road, 183. 
 continuing the term, altering the powers of former 
 
 afts, and for increasing tolls, &c. 184. 
 continuing a former term, shutting up part of a 
 road, taking down a bridge, making a new road, 
 and building a bridge over a river, 183". 
 provision to include a new piece of road in a bill, 
 
 187. 
 provision in a bill on the renewal of a road aft, 188. 
 provision in a bill to light certain parts of the road, 
 189. 
 relative to notices for a road bill, il. 
 
 provisions in such bills, 190. 
 form of order of reference to the judges, 239. 
 
 judges' report, 240. 
 form of affidavit of the illness of a person interested 
 in the consequences of a bill, 241. 
 
 ADOE.NDA,
 
 266 ADDENDA. 
 
 
 ADDENDA. 
 
 IN p. 1 1 1, in Notes, after Buckley, reaJ Latham v. Bar- 
 ber, 6 T. R. 67 ; Leominster Canal Company v. Norris and 
 another, 7 T. R. 500 ; the Same v. Cowell and another, 
 I Bos. andPul. Rep. 213. 
 
 At the bottom of p. 126, 7-cad, see Parker v. Eldi-ng, 
 I East's Rep. 352. 
 
 FINIS. 
 
 Printed by B. M'Millan, i 
 Bow-Sueet, Covent-Cardcn, '
 
 I
 
 UC SOUTHERN REGIONAL LIBRARY EACILITY 
 
 AA 000 729 593
 
 \