« PreviousContinue »
PROCEEDINGS OF, AND IN RELATION TO, THE
REFERENCE OF Bills, &c., TO, AND DUTIES OF, AND PRACTICE BEFORE
EXAMINERS. 69. THE Examination of the Petitions for Private Bills which shall have When Examination been duly deposited in the Private Bill Office, shall commence on the of Petitions to
commence, 18th day of January, in such order and according to such regulations as shall have been made by Mr. Speaker.
70. One of the Examiners shall give at least Seven clear Days' Notice in Notice of day the Private Bill Office of the day appointed for the Examination of each appointed for
Examination. Petition which shall have been duly deposited in the Private Bill Office; 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 General List of Petitions, and shall not re-insert the same, except by order of The House.
71. The Examiner shall certify by indorsement on each Petition whether Indorsement or the Standing Orders have or have not been complied with ; and, when they and report as to 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.
72. All Petitions for additional Provision in Private Bills, with the Reference to proposed Clauses annexed, and all Private Bills brought from the House of Examiner of Lords, and all Bills introduced by leave of The House in lieu of other Bills tional Provision which shall have been withdrawn, and all Bilis to contirm any Provisional in Private Bills
from Lords, &c. Order or Provisional Certificate, after having been read a First Time, shall be referred to the Examiners, and the Examiner 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, and in the case of any Bill which, in pursuance of any Report from the Chairman of the Committee of Ways and Means, has originated in the House of Lords, the compliance with such Standing Orders only as shall not have been previously inquired into shall be proved. In cases where provisions are sought to be inserted upon petition for additional provision which were comprised in the original notices, but were not contained in the Bill as introduced into Parliament, the original notices shall not be held to apply to the additional provisions proposed to be inserted.
In the case of any Provisional Order Confirmation Bill in which provisions have been inserted in the House of Lords to which the Standing Orders of this House would apply if the Bill were a Private Bill, the Examiners shall inquire whether, in respect of such provisions, the Standing Orders have been complied with, and report to the House accordingly.
73. In all cases of Petitions for additional provision in Private Bills and Notice in cases of of Private Bills brought from the House of Lords, and of Bills introduced Petitions for addi. by leave of this House in lieu of other Bills which shall have been Private Bills, &c. withdrawn, the Examiner shall give at least Two clear Days' Notice in the Private Bill Office of the day on which the same will be examined ; and in the case of a Bill for confirming any Provisional Order or Certificate Two clear Davs' Notice shall be given by the Promoters of the Bill in the Private Bill Office of the day on which the same will be examined, but such notice shall not be given until after the Bill has been printed and circulated.
74. Any parties shall be entitled to appear and to be heard by themselves, Memorial comtheir agents, and witnesses, upon a Memorial addressed to the Examiner, plaining or non
Proceedings of complaining of a non-compliance with the Standing Orders, provided the
matter complained of be specifically stated in such Memorial, and the party
Locus standi of
under Orders 62 to 66.
75. In case any proprietor, shareholder, or member of or in any Company, senting at meeting Society, Association, or Co-partnership shall by himself, or any person
authorized to act for him in that behalf, have dissented at any meeting
Proof by Affidavit.
76. THE Examiner may admit Affidavits in proof of the compliance with the Standing Orders, or may require further evidence; and such Affidavit shall be sworn, if in England or in Ireland, before a Justice of the Peace, or a Commissioner for Oaths, and if in Scotland, before any Sheriff Depute or his Substitute, or a Justice of the Peace.
Report in cases 77. The Examiner shall make a Report of the several cases in which he
with in respect of any Bills which in pursuance of any Report from the
Special Report in certain cases.
78. In case the Examiner shall feel doubts as to the due construction of any Standing Order in its application to a particular case, he shall make a Special Report of the facts, without deciding whether the Standing Order has or has not been complied with ; 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.”
PROCEEDINGS OF, AND IN RELATION TO, THE CHAIRMAN OF THE COMMITTEE
OF WAYS AND MEANS, AND THE COUNSEL TO MR. SPEAKER.
or with his Counsel, for the purpose of determining in which House of House of Lords.
Parliament the respective Private Bills should be first considered, and such
Chairman of Ways and Means to examine all Private Bills, &c.
80. The Chairman of the Committee of Ways and Means, with the assistance of the Counsel to Mr. Speaker, shall examine all Private Bills, whether opposed or unopposed, and call the attention of The House, and also of the Chairman of the Committee on every opposed Private Bill, to all points which may appear to him to require it ; and Copies of all such Bills shall be laid by the Agent before the said Chairman and Counsel not later than the day after the Examiner of Petitions shall have indorsed the Petition for the Bill.
Chairman of Ways and Means to l'eport on Bills relating to Government Contracts.
81. The Chairman of the Committee of Ways and Means shall make a report to the House previously to the Second Reading of any Private Bill by which it is intended to authorize, confirm, or alter any Contract with any department of the Government whereby a public charge has been or may be created ; and such Report, together with a Copy of the Contract, and of any
Resolution to be proposed in relation thereto, shall be circulated with the Proceedings of Votes Two clear days at least before the day on which the Resolution is to Chairman of Ways be considered in a Committee of the Whole House, which consideration shall not take place until after the time of Private Business ; nor shall the Report of any such Resolution be considered until Three clear Days at least after the Resolution shall have been agreed to by the Committee.
82. Two clear Days at least before the day appointed for the considera- Copies of Bill, as ţion of any Private Bill by a Committee, there shall be laid before the proposed to be subChairman of Ways and Means and the Counsel to Mr. Speaker, by the mittee, to be laid Agent, Copies of every such Bill as proposed to be submitted to the before Chairman
of Ways aud Means, Committee, and such Copies shall be signed by the Agent for the Bill. 83. The Chairman of the Committee of Ways and Means shall be at Power to Chairman
to report special liberty, at any period after any Private Bill shall have been referred to
circumstances, &c. a Committee, to report to the House any special circumstances relative to the House. thereto which may appear to him to require it, or to inform The House that in his opinion any unopposed Private Bill should be treated as an opposed Private Bill.
84. THREE clear Days at least before the consideration of any Private Copy of Bill as Bill ordered to lie upon the Table, a copy of every such Bill, as amended in amended in ComCommittee, shall be laid by the Agent before the Chairman of the Committee before Chairman of Ways and Means and the Counsel. to Mr. Speaker, and deposited at the Ways and Office of His Majesty's Treasury, at the Local Government Board, at the Means, &c. General Post Office, and at the Office of the Board of Trade ; and in the case of every Bill required by Standing Orders 33 and 34, to be deposited on or before the 18th day of December at the Office of the Secretary of State for the Home Department, at the Office of the Secretary of State for the Colonies, at the Office of the Secretary for Scotland, at the Office of the Local Government Board, at the Office of the Board of Agriculture and Fisheries, at the Office of the Education Department, or of the Scotch Education Department, at the Office of the Commissioners of His Majesty's Works and Public Buildings, at the Office of His Majesty's Woods, Forests, and Land Revenues, and at the Office of the Duchy of Cornwall or the Duchy of Lancaster, a copy of such Bill, as amended in Committee, shall also be deposited at those offices respectively.
85. When it is intended to bring up any Clause, or to propose any Clause or amendAmendment on the consideration of any Private Bill ordered to lie upon tion of Bill, or on the Table, or any verbal Amendment on the Third Reading of any Private Third Reading, to Bill, the same shall be submitted by the Agent to the Chairman of the be submitted to
Chairman of Ways Committee of Ways and Means and the Counsel to Mr. Speaker, on the day and Means, &c. on which notice is given thereof in the Private Bill Office.
86. A Copy of all Amendments made in the House of Lords to any Copy of AmendPrivate Bill, and of all Amendments to such Amendments intended to be ments by House of proposed in this House, shall be laid by the Agent before the Chairman of posed 'Amendments the Committee of Ways and Means and the Counsel to Mr. Speaker, before thereto, to be laid Two o'clock on the day previous to that on which the same are respectively of Ways and appointed for consideration by the House.
PROCEEDINGS OF, AND IN RELATION TO, THE REFEREES ON PRIVATE BILLS.
87. The Chairman of Ways and Means, and the Deputy Chairman, with Referees on Prinot less than Seven other persons, who shall be Members of this House, vate Bills to be and shall be appointed by Mr. Speaker for such periods as he shall think fit, shall be Referees of The House on Private Bills, and shall have the assistance of the Counsel to Mr. Speaker ; such Referees to form one or more Courts, three at least to be required to constitute each Court.
88. The practice and procedure of the Referees, their times of sitting, Rules of practice order of business, and the forms and notices required in their proceedings, made by Chairman
Proceedings of shall be prescribed by rules, to be framed by the Chairman of Ways and on Private Bills. Means, subject to alteration by him as occasion may require, but only one
Counsel shall appear before such Referees in support of a Private Bill, or in of Ways and
support of any Petition in opposition thereto, unless specially authorized by
Referees on Private
89. The Referees shall decide upon all Petitions against Private Bills, or against Provisional Orders, or Provisional Certificates, as to the rights of the Petitioners to be heard upon such Petitions, without prejudice, however, to the power of the Select Committee to which the Bill is referred to decide upon any question as to such rights arising incidentally in the course of their proceedings.
PROCEEDINGS OF, AND IN RELATION TO, THE SELECT COMMITTEE ON
Report as to dispensing with Standing Orders in cases of noncompliance.
92. When any Report of the Examiner of Petitions for Private Bills, in which he shall report that the Standing Orders have not been complied with, shall have been referred to the Select Committee on Standing Orders, they shall report to The House whether such Standing. Orders ought or ought not to be dispensed with, and whether in their opinion the parties should be permitted to proceed with their Bill, or any portion thereof, and under what (if any) conditions.
93. The Select Committee on Standing Orders shall have power to report on the cases referred to them in respect of Private Bills originating in the House of Lords, notwithstanding that the Petitions for the same shall not have been presented to The House.
Report in cases of
Proceeding in case of Special Report.
94. When any Special Report from the Ex:miner of Petitions as to the construction of a Standing Order shall have been referred to the Select Committee on Standing Orders, they shall determine, according to their construction of the Standing Order, and on the facts stated in such Report, whether the Standing Orders have or have not been complied with, and they shall then either report to The House that the Standing Orders have been complied with, or shall proceed to consider the question of dispensing
with the Standing Orders, as the case may be.
stand referred to the Select Committee on Standing Orders, they shall report
not to be dispensed with. Report as to
96. When any Petition for the re-insertion of any Petition for a Private re-insertion of
Bill in the General List of Petitions shall stand referred to the Select
Report in cases of Amendment proposed on consideration.
97. WHEN any Clause or Amendment proposed on the consideration of any Private Bill ordered to lie upon the Table shall have been referred to the Select Committee on Standing Orders, they shall report to the House whether such Clause or Amendment should be adopted by The House or not, or whether the Bill should be re-committed.