Page images
PDF
EPUB

the regular notices in the Private Bill Office. (H. C. 125 a.)

It be here observed that no bill can pass may through two stages on the same day in the House of Commons, without the special leave of the House (H. C. 124); and except in cases of urgent and pressing necessity, no motion is to be made to dispense with any sessional or Standing Order, without due notice thereof. (H. C. 125.)

Where Opposition is not against the Principle of the Bill.

Where the opposition to any railway bill is not against its principle, but is directed to the details and clauses thereof, the parties so opposing need not petition the House before the second reading, but when the bill has been read a second time, and the committee thereon has been appointed. Still it is well always to be in good time. The parties opposing the bill in question should present their petitions to the House against the specific clauses to which they are adverse. And where they desire to be heard, they should then also petition to be heard, by themselves, their agents, or counsel, with witnesses, before the committee, against the particular obnoxious clauses of the bill, specifying the opposition they intend to make, and the grounds of such opposition. All persons wishing to be heard, therefore,

before the committee on any railway bill, must petition the House to that effect, procuring some member to present such petition. It will not, however, be effectual, for the petitioner will not be allowed to be heard before the committee if the petition be not presented three clear days before that appointed for the first meeting of the committee,—unless, indeed, it complain of matters that have arisen during the progress of the proceedings in committee. (H. C. 67.)

Care must also be taken in preparing these petitions, as none will be considered by the committee on any bill that shall not distinctly specify the grounds on which objection is raised to the provisions thereof; and the petitioners will be heard only on the grounds that may be so stated. If it appear (it may be repeated) that they are not specified with sufficient accuracy, such committee may direct that there be given in to the committee a more distinct and specific statement, in writing; but limited, however, to such grounds of objection so inaccurately and insufficiently specified. (H. C. 67 & 66.)

These petitions must be signed by the petitioners, unless they are abroad at the time, when their solicitor may sign for them. In the case of any corporate body, the petition, as previously stated, must be sealed with the common seal.

Opposition to a railway bill before committee

will be found to be the subject of a subsequent portion of this chapter.

Proceedings in Committee.

The compliance with the Standing Orders, in the case of bills relating to Scotland or Ireland, may be proved by the production of affidavits sworn before any sheriff depute, or his substitute in Scotland, or before any judge or assistant barrister in Ireland, whose certificate shall be admitted as evidence of such proof having been made, unless the committee shall require further evidence. (H. C. 73, 74.)

In all other instances the committee may admit proof of the consents of parties concerned in interest in any private bill, on the production of certificates, in writing, of such parties, unless the committee shall require further evidence. (H. C. 75.)

This committee has no power to examine into the compliance or non-compliance with such Standing Orders as are directed to be proved before the committee on petitions, except by the special order of the House. (H. C. 72.)

Every plan and book of reference produced in evidence before the committee is to be signed by the chairman, who is to mark every alteration with his initials, and every such plan and book of reference is to be deposited in the Private Bill Office. (H. C. 79.)

Every plan and book of reference that has to be certified by the Speaker in pursuance of any Act of Parliament, must previously be ascertained and verified to be exactly conformable in all respects to those signed by the chairman of the committee. (H. C. 149.)

The chairman is to sign a printed copy of the bill, to be called the committee bill, on which the amendments are to be fairly written; and he is to mark with his initials all the clauses added in the committee. (H. C. 80.)

The committee having opened its proceedings, the committee clerk reads through the list of titles of bills that have been referred to the said committee for investigation; and also the names of the various counsel who appear for the bills, and of the agents soliciting the same. Then the petitions against the bills and referred to the committee are received, with the appearances of counsel thereon, &c. Another of the preliminary proceedings is to arrange the order in which the several projects referred to the committee shall be taken. In the session of 1845, the chairman of committees issued the following directions and instructions for facilitating the decisions of committees on railway bills upon the various matters mentioned therein. It was suggested,

66

'That if parties agree as to the order of precedence in which bills or projects referred to the same committee

shall be taken, the committee should adopt their agreement."

"That if parties do not agree, the committee will decide the order of precedence without hearing arguments of counsel. In the latter case, such bills or projects in each group as are unopposed will be taken first into consideration."

"That such bills or projects in each group as are opposed, but not by competing lines, will be next taken into consideration."

"That with respect to competing lines, the committee will subdivide, if necessary, the bills and projects in each group, so as to distribute into separate classes the bills or projects of such lines as compete inter se."

"That as a general rule in cases of non-competing lines, the bill or project first read a second time, be proceeded with by the committee."

"That with regard to the separate classes into which competing lines have been distributed, the committee must exercise its discretion according to the circumstances of the case, in determining the order of precedence in which such classes are to be taken."

“That with regard to the bills or projects in each class, those which have been read a second time shall be taken first, and in the order of such second reading; and that the bills and projects which have not been read a second time shall be next taken in the order in which petitions for such bills or projects have been presented to the House."

"That in the cases of bills or projects for lines of railways competing inter se, the following course is proposed to be adopted:

"A case where there are four competing bills or projects is supposed.

"No. 1. The counsel for the promoters opens the case by a statement of facts, and then produces evidence.

"Nos. 2, 3, and 4 and landowners then cross-examine.

« EelmineJätka »