Page images
PDF
EPUB

in such opposition to the measure, whatever its merits or demerits might be. In such a state of affairs, so obnoxious to undue influences and unjust favoritism, all, or nearly all, that was desired was carried by the promoters. Now, however, any opposed bill is referred by the committee of selection to the Speaker's list of that county, or that division of a county to which the bill specially relates, and to such number of members, not locally interested, as the circumstances of the case shall, in the judgment of such committee of selection, require. (H. C. 50.) The committee of selection directs, in each case, what number of members (not locally interested in the bill), selected and added to the Speaker's list by them, shall be a quorum of such members. (H. C. 51.) The clerk of this committee of selection has to give notice to these members of their names being so added, and of the time when the committee on the bill shall have been appointed to meet. (H. C. 52.)

[ocr errors]

Unopposed bills are referred to the chairman of Ways and Means, together with the members ordered to prepare and bring in the bill. (H. C. 6 and 54.) This refers to bills originating in the House of Commons (which nearly all private bills do, except estate, divorce, naturalization, or name bills, which, on the contrary, originate in the Lords). The committee, however, on any "unopposed private bill" (not

being a divorce bill), which shall have been brought from the Lords, consists of the chairman of Ways and Means, and of not less than two other members, to be named by the committee of selection; and the chairman of the committee of Ways and Means becomes chairman of the committee on every such unopposed private bill. This chairman and one of the other members form the quorum required to be present during the whole progress of the bill through the committee, which is necessarily short, and almost confined to the mere marginal notes, without going through the clauses themselves. (H. C. 6.)

66

[See Chapter on Special Practice for the present Session," 1846.]

PROCEEDINGS ANTECEDENT TO THE PRESENTATION OF THE PETITION.

SECTION I.

Of Notices in the Gazette, &c.

Notices of Application.

Notices must be given in all cases where it is intended to make application to Parliament to bring in a bill relating to the making, maintaining, varying, extending, or enlarging (inter alia)

any railway, or for continuing or amending an act passed for the above purpose, where no further work than such as was authorized by a former act is proposed to be made. (H. C. 14; H. L. 220, sec. 1.)

Publication of Notices.

All such notices must 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 is intended to be made, in the London, Edinburgh, or Dublin Gazette, as the case may be that of an English, Scotch, or Irish bill. They must also be published three successive weeks in the same months, or either of them, in some one and the same newspaper of the county in which the city, town, or lands to which such bill relates shall be situated. If, however, there be no paper published therein, then these notices must be so inserted in the newspaper of some county adjoining or near thereto; or if the bill do not relate to any particular city, town, or lands, in the London, Edinburgh, or Dublin Gazette only, as the case may be. (H. C. 15 H. L. 220, sec. 2.) It should be observed that the notices in the local papers should be verbatim et literatim the same as in the Government Gazette. Where notices have to be published in local newspapers, it is very necessary, where such

C

papers are issued but once a week, to be careful to arrange so that the three weekly notices appear before the month of November is out, in which the publication may have commenced. Thus, in the case of a county paper appearing only on a Saturday, two weekly publications of the notices might appear in due time, while the publication on the third Saturday might by possibility not be within that month. Consequently great care must be taken to arrange the appearance of the notices so that the three consecutive weekly publications of them may all fall within the month of November, in accordance with the above orders of the two Houses. With regard to the gazettes, there is no such great need of caution, as they appear twice a week regularly, and there is frequently an extra number,—so that, for instance (in case of a pressure of time from the end of the month being near), these notices might appear on a Friday in each of the first two weeks, and on a Tuesday in the third, while such a plan of course could not be adopted in a weekly county paper, published only on the Saturday.

The promoters of railway bills ordered to be engrossed in the session of 1845 had to give notice, by advertisement for six successive weeks, in October and November, in the London, Edinburgh, or Dublin Gazette, as the case might be, and in the local paper or papers which may be usually in circulation in the part of the country through

of

which the line of railway is proposed to pass, their intention to present a petition for the reintroduction of any such bill.

Time for Delivering these Notices.

All notices that are required by the Standing Orders of the two Houses of Parliament to be inserted in the London, Edinburgh, or Dublin Gazette, must be delivered at the office of the gazette in which the insertion is requisite to be made, during the usual office hours, at least two clear days prior to the publication of the gazette, and the receipt of the printer for such notices is to be deemed proof of its due delivery in accordance with such orders. Where the gazette in which the first notice is to appear is published on a Tuesday, then it will be necessary to deliver it on the preceding Friday, seeing that Sunday is a dies non, and that there can therefore only be the "two clear days" of Saturday and Monday. It should be observed, though the legislature has given greater ease to the printers of the gazette by this regulation, the printer has reciprocated the facility by publishing extraordinary gazettes on Wednesdays, Thursdays, and Saturdays, in addition to the usual Tuesdays and Fridays-so as to include every possible day, to prevent disappointment to the suitors to the House.

In all cases (except where notices have to be affixed to church doors), no notice will be valid if

« EelmineJätka »