« EelmineJätka »
As to proof of the subscription of names to the petition Preliminary Nofor the bill, Id., No. 225, post, 67.
Opposed bills are referred to a select committee composed of five Lords (q); but during the session of 1846, all railway bills, whether opposed or not, were so referred.
The course of proceeding before the Lords' select committee is, in all substantial particulars, the same as that already described with reference to the proceedings before the committee on a group of bills in the House of Commons; and as the standing orders in the two Houses of Parliament are now nearly assimilated in their provisions, as to railway bills, it is obvious that the clauses in the bill, required by the standing orders of the House of Lords, must have been inserted during its progress in the Commons (r). But the House of Lords, as an independent branch of the Legislature, requires that all necessary matters shall be proved to the satisfaction of its committees; and, therefore, great care must be taken to observe a strict compliance with the standing orders in all particulars.
The bill having gone through committee, it is reported to the House, and finally read a third time, and passed.
3. Standing Orders of the House of Commons, A. D., 1847, so far as they relate to Railway Bills, and the Committees to which they are referred.
I. Appointment of Committees and Examiners of Petitions.
1. That Mr. Speaker shall appoint one or more officers, to be called 1. Examiners of "The Examiners of Petitions for Private Bills," and shall from time to time remove the same and appoint others in their stead as he shall see occasion.
(q) See Lords' S. O., No. 219, post, 58.
(r) Lords' S. O., No. 233, sects.
1, 4, & 5, post, 69.
Preliminary Notices, &c.
2. Chief examiner.
3. Committee on standing orders.
4. Committee of selection.
8. Members not to he added to committee.
2. That one of the examiners shall be appointed by Mr. Speaker chief examiner (s).
3. That a committee, to be designated "The Select Committee on Standing Orders," shall be nominated at the commencement of every session, and shall consist of eleven members, of whom five shall be a quorum.
4. That the chairman of the Select Committee on Standing Orders, and the members of the general committee of elections, shall ex officio constitute a committee, to be denominated "The Committee of Selection," of whom three shall be a quorum.
5 & 6 relate to the committees on ordinary private bills; these orders are usually suspended so far as they affect railway bills. See ante, 23.
7 relates to divorce bills.
8. That, after any committee on a private bill shall have been formed, no members be added thereto, unless by special order of the House.
9. When examinations of petitions
10. Notice to be given by chief examiner.
11. Compliance with standing orders to be proved before examiner.
II. Duties of Examiners and of Committees.
DUTY OF THE EXAMINERS OF PETITIONS FOR PRIVATE BILLS.
9. That the examination of the petitions shall commence on the 15th January, in such order and according to such regulations as shall be made by Mr. Speaker; and the chief examiner shall make arrangements for the distribution of the business amongst the examiners.
10. That the chief examiner shall give at least seven clear days' notice in the Private Bill Office of the day appointed for the examination of each petition; and in case the promoters shall not appear at the time when the petition shall come on to be heard, the examiner to whom the case shall have been allotted, shall strike the petition off the list, and shall not re-insert the same, except by order of the House.
11. That the compliance with the following standing orders shall be proved before one of the examiners of petitions for private bills; and any parties shall be at liberty to appear and be heard, by themselves, their agents, and witnesses, upon any memorial addressed to the examiner, complaining of a non-compliance with the standing
(8) See the regulations published by the Speaker at the commencement of the session 1847, for facilitating
the progress of business before the examiners, post, Appendix, 273.
orders, provided the matter complained of be specifically stated in
13. (a) That, in the case of any application for a private bill relating to Scotland, the examiner may admit proof of the compliance with the standing orders which refer to the affixing to the church-doors the requisite notices, and to the applications to owners, lessees, and occupiers, on the production of affidavits sworn before any sheriff depute or his substitute there, unless the examiner shall require further evidence. 14. That, in the case of any application for a private bill relating to Ireland, the examiner may admit proof of the compliance with the standing orders of the House, on the production of affidavits sworn before any judge or assistant barrister of that part of the United Kingdom, unless the examiner shall require further evidence.
15. That the examiner shall certify by indorsement on each petition which shall have been deposited in the Private Bill Office, whether the standing orders have or have not been complied with; and, when they have not been complied with, he shall also report to the House the facts upon which his decision is founded, and any special circumstances connected with the case.
16. That in all cases of petitions for additional provision in private bills and of estate bills brought from the House of Lords and referred to the examiner, he shall report to the House whether the standing orders have or have not been complied with; and, when they have not been complied with, the facts upon which his decision is founded, and any special circumstances connected with the case.
17. That, in case the examiner shall feel doubts as to the due construction of any standing order in its application to a particular case, be shall make a special report of the facts to the House, without deciding whether the standing order has or has not been complied with;
(e) This standing order was repealed 4th February, 1847. Votes, 139. See the order substituted, Appendix, post, 278.
12. Standing or-
13. (a) Standing or
ders may be proved
18. Notices of application.
19. Notices to be published.
20. Intention to apply for certain powers to be stated.
and in such case he shall indorse the petition with the words "Special Report," either alone, or, if non-compliances with other standing orders shall have been proved, in addition to the words "Standing Orders not complied with."
18. That notices be given in all cases where application is intended to be made for leave to bring in a bill relating to the subjects included in any of the following classes:
1st Class does not relate to railway bills..
2nd Class refers (inter alia) to bills for "making, maintaining, varying, extending, or enlarging any railway."
3rd Class refers to bills for "continuing or amending an act passed for any of the purposes included in this or the two preceding classes, where no further work than such as was authorised by a former act is proposed to be made.”
19. That such notices be published in three successive weeks in the months of October and November, or either of them, immediately preceding the session of Parliament in which application for the bill shall be made, in the London, Edinburgh, or Dublin Gazette, as the case may be, and in some one and the same newspaper of the county in which the city, town, or lands to which such bill relates shall be situate; or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto; or if such bill do not relate to any particular city, town, or lands, in the London, Edinburgh, or Dublin Gazette only, as the case may be; and that all notices required to be inserted in the London, Edinburgh, or Dublin Gazette, be delivered at the office of the Gazette in which the insertion is required to be made, during the usual office hours, at least two clear days previous to the publication of the Gazette; and that the receipt of the printer for such notice shall be proof of its due delivery. 20. That, if it be the intention of the parties applying for leave to bring in a bill, to obtain powers for the compulsory purchase of lands or houses, or for extending the time granted by any former act for that purpose, or to amalgamate with any other company, or to sell or lease their undertaking, or to purchase or take on lease the undertaking of any other company, or to levy any tolls, rates, or duties, or to alter any existing tolls, rates, or duties, or to confer, vary, or extinguish any exemptions from payment of tolls, rates, or duties, or any other rights or privileges, the notices shall specify such intention; and that the whole of the notice relating to the same bill shall be included in the same advertisement, which shall be headed by a short title, descriptive of the undertaking.
21. That, on or before the 15th day of December immediately preceding the application for a bill by which any lands or houses are intended to be taken, or an extension of the time granted by any former act for that purpose is sought, application in writing, (and in cases of bills included in the second class, in the form, as near as may be, set forth in Form A. (a)) be made to the owners or reputed owners, lessees or reputed lessees, and occupiers, either by delivering the same personally, or by leaving the same at their usual place of abode, or, in their absence from the United Kingdom, with their agents respectively, of which application the production of a written acknowledgment by the party applied to shall, in the absence of other proof, be sufficient evidence; and that separate lists be made of the names of such owners, lessees, and occupiers, distinguishing which of them have assented, dissented, or are neuter in respect thereto. 22 to 25 inclusive, relate specially to Bills of the First Class. 26. That, in cases of bills included in the Second Class, all notices
(a) The following is the form A. containing the notice of application:No.
WE beg to inform you, that application is intended to be made to Parlia ment in the ensuing session for “An Act" [here insert the title of the act], and that the property mentioned in the annexed schedule, or some part thereof, in which we understand you are interested as therein stated, will be required for the purposes of the said undertaking, according to the line thereof as at present laid out, or may be required to be taken under the usual powers of deviation to the extent of yards on either side of the said line, which will be applied for in the said act, and will be passed through in the manner mentioned in such schedule.
We also beg to inform you, that a plan and section of the said undertaking, with a book of reference thereto, has been or will be deposited with the several elerks of the peace of the counties of [specify the counties in which the property is situate], on or before the 30th of November, and that copies of so much of the said plan and section as relates to the parish in which your property is situate, with a book of reference thereto, has been or will be deposited for public inspection with the clerk of the said parish, schoolmaster of the parish, town clerk of the royal burgh, or the clerk of the union in which such parish is included, [as the case may be], on or before the 30th day of November, on which plans your property is designated by the numbers set forth in the annexed schedule.
As we are required to report to Parliament whether you assent to or dissent from the proposed undertaking, or whether you are neuter in respect thereto, you will oblige us by writing your answer of assent, dissent, or neutrality, in