Page images
PDF
EPUB

minute book of the day. The clerks also enter in this book the number of the bill, (according to the order in which it passed its first reading in the House), and the date of its passing that stage. (H. C. 131.) These entries having been duly made, the bill has to be examined in the abovementioned office as subsequently described. It may be here mentioned that every private bill, after it has been read the first time and the title so copied and examined for the votes, is in the custody of the clerks of the Private Bill Office until it is laid on the table of the House for second reading. When committed, the bill is taken by the proper committee clerk into his charge, until it is reported to the House. (H. C. 132.)

Between the first and second reading of private bills, also, they are (as above observed) examined in the Private Bill Office, (each according to its priority and "with all practicable despatch,”) the clerk so examining them, as to their conformity with the rules and orders of the House, stating upon the bills any irregularities there may be, or any departure (as regards the form in which they are drawn,) from those rules and orders, or the order upon which leave was granted to bring them in. If such errors be detected, the defective bill has to be withdrawn by leave of the House and an amended one introduced. (H. C. 133.) By a Speaker's Order of March 24, 1840,

particular attention was directed in the examination of private bills, levying tolls, rates, or such like burdens upon the people, in order to prevent the names of "Peers of Parliament, Peers of Scotland, or Peers of Ireland," being inserted therein either in the character of trustees, commissioners or proprietors of any such company. The day of such examination, together with the name of the examining clerk, must be entered in the "Examination Book." The following proceedings are also requisite prior to second reading:

Notice must be given to the clerks in the Private Bill Office, in writing, by the agent for the bill, of the day proposed for the second reading three clear days previously. (H. C. 134.)

By a resolution adopted by the House this session, (Feb. 12, 1846), there must "not be more than seven clear days between the first reading of any railway bill and the second reading thereof, except by special order of the House."

The second reading governs the principle of the bill; and, consequently, all petitions against its principle must be presented before that stage. Notice must be likewise given in the Private Bill Office of the intention to present such petitions.

It has already been stated, (but it may be repeated here, as the House has resolved this session to be strict in requiring compliance with

the Order), that on every petition relating to any private bill, the name or short title by which such bill is entered in the votes is to be written at the beginning thereof and whether such petition be in favour or against the bill, as relating to the non-compliance with the Standing Orders. (H. C. 111 a.) No committee is to hear any petitioner who has not obeyed these directions.

What Persons may Petition.

Owners and occupiers of any land that is proposed to be taken by the promoters of the bill, in execution of the works, in respect of which the bill is sought; also,

Shareholders in competing railways.

Persons who may have to pay tolls or rates upon the railway intended to be made; and,

All who can show an absolute interest in the premises to which so much latitude has been given that persons who may be rendered liable to pay rates or tolls (by any water-works bill for instance), have been allowed a locus standi as petitioners, and heard for several days before committee.

This, however, is not to be taken to include persons acting for or against the projected railway, such as engineers, lawyers, clerks, &c.

In the present session (1846), however, the engineer of an opposing line was admitted as a

petitioner, the committee deciding that the right, however, of such petitioner to be heard depended upon the nature of the objections raised. If an objection, for instance, related to a public highway or public right (likely to be affected or interfered with by the proposed railway), the committee said they would allow any one to appear. This was decided in the case of the Killarney Junction Railway, (Feb. 18 and 19, 1846. Sub-committee, No. 5,) against which a petition was presented from an engineer, complaining of some informalities in the contract deed. On the part of the promoters of the bill an objection was raised to that petition, on the authority of Standing Order No 9. The petition stated that it was the humble petition of Edward Merrill, an engineer; and, in fact, he was the engineer to a competing line. Therefore it was contended that he was not a party interested within the meaning of that Standing Order. He must be some person interested in the line, either from being a shareholder, a person through whose property the line would run, or in some other way affected by the line.

On the other hand it was contended, that although Mr. Merrill had no direct interest in the line, yet, as one of the public indirectly affected, he might petition against it if there were any errors committed, as it had been decided in the committees that the public had such right where

any

error occurred in the datum line, or through the omission of fences, &c.

The chairman of the committee (after the case had been adjourned for the purpose of allowing him to consult with the other chairmen as to the right of the petitioner to appear), decided that "the general opinion was, that the question depended upon the nature of the objection; if it related to a public highway or public right, the committee would allow any person to appear. They must therefore take the objections as they were raised, and decide whether they could be gone into or not."

In this particular instance the opposition was ineffectual, but the case proves the latitude allowed by committees as to the right to appear upon petitions against railway bills.

No such petition, it may be repeated, can be presented unless it have the name or short title by which such bill is entered in the votes, written at the beginning thereof. It must further be stated whether the petition be for or against the bill, as relating to the non-compliance with the Standing Orders of the House. [The subject of petitions to be heard against bills in committee on the bills will be considered hereafter in its proper place.]

Requisites before Second Reading.

In addition to the Notice in Private Bill Office

« EelmineJätka »