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of Committees on Bills.
No powers of
No powers of
162. No powers of purchasing, hiring, or providing Steam Vessels shall be contained in a Bill by which any other powers are sought to be obtained by a Railway Company, except when the transit by such Steam Vessels is required to connect portions of Railway belonging to or proposed to be constructed by such Company.
163. No powers of purchase, sale, lease or amalgamation shall be given to purchase, &c. to be any Railway Company, with reference to any other undertaking already given, except after authorized by any Act or Acts, nor to any other incorporated Company, proof of certain matters before with reference to any Railway, unless, previously to the application to Board of Trade, &c. Parliament for such purpose, the several Companies who may be parties to such purchase, sale, lease or amalgamation shall have proved to the satisfaction of the Board of Trade, that they have respectively paid up One-half of the capital authorized to be raised by any previous Act or Acts by means of Shares, and have expended for the purposes of such Act or Acts a sum equal thereto; and in case such powers shall be applied for in respect of Works intended to be authorized by any Bill or Bills of the same Session, it shall be proved to the satisfaction of the Board of Trade that such Companies have respectively paid up One-half the amount of their capital, and that the Company proposed to be empowered to construct such Works have included in such amount the capital proposed to be authorized by such Bill or Bills; and that no such powers shall be given in respect of Works intended to be authorised by any Act or Acts for which it is intended to apply in any subsequent Session.
Railway Company not to guarantee
164. No Railway Company shall be authorized, except for the execution of its original Line or Lines sanctioned by Act of Parliament, to guarantee interest or dividend interest on any shares which it may issue for creating additional Capital, or to guarantee any rent or dividend to any other Railway Company, until such first-mentioned Company shall have completed and opened for traffic such original Lines.
before completion of Line.
of purchasing Company.
165. IN Bills for the Amalgamation of Railway Companies, the amount of Capital created by such Amalgamation shall in no case exceed the sum of the Capitals of the Companies so amalgamated.
166. IN Bills for empowering any Railway Company to purchase any other Additional Capital Railway, no addition shall be authorized to be made to the Capital of the purchasing Company, beyond the Amount of the Capital of the Railway purchased; and in case such Railway shall be purchased at a premium, no addition on account of such premium shall be made to the Capital of the purchasing Company.
provisions of "The Traffic Act, 1888"
Railway and Canal
as to revision of Rates.
166a. In the case of every Bill for incorporating a Railway, Canal, or Tramroad Company, or for giving any powers to an existing Railway Canal, or Tramroad Company to which no Rates and Charges Order Confirmation Act expressly applies, the Committee on the Bill shall fix the Rates and Charges for merchandise traffic (including small parcels of a perishable nature conveyed by passenger train exceeding 56 lbs. in weight) by reference to the Rates and Charges Order Confirmation Act of some other Company which, in the opinion of the Committee, will properly and conveniently apply; and the Committee shall, in the case of an existing Company, provide that the Rates and Charges for merchandise traffic, and such small parcels as aforesaid so fixed, shall be in substitution for the Rates and Charges for similar traffic authorized to be taken by the Company under their existing Acts.
If in any such Bill other than a Railway Bill the Committee shall be of opinion that no such Act as aforesaid will properly and conveniently apply, they shall insert a Clause to the following effect :
Section 24 of "The Railway and Canal Traffic Act, 1888," and any enactment which may be passed in the present or any future Session of Parliament extending or modifying that enactment shall, with any necessary modifications, apply to the Company in all respects as if
it were one of the Companies to which the provisions of the said enactment in terms applied. Provided that the time within which the of Committees on revised schedule of maximum rates and charges prescribed by the said section shall be submitted to the Board of Trade shall be three years from the date of the passing of this Act, or such further time as the Board of Trade may permit.
167. A CLAUSE shall be inserted in every Railway Bill prohibiting the Clause that no payment of any Interest or Dividend to any Shareholder on the amount of Interest or Dividend be paid the Calls made in respect of the Shares held by him, except such interest on Calls. or money advanced by any Shareholder beyond the amount of the Calls actually made as is in conformity with the Companies Clauses Consolidation Act, 1845, or the Companies Clauses Consolidation (Scotland) Act, 1845, as the case may be; and except such interest (if any) as the Committee on the Bill may, according to the circumstances of the case, think fit to allow, subject always to the following conditions:
(1.) That the rate of interest allowed by the Committee do not in any case exceed four per centum per annum;
(2.) That interest be allowed to be paid in respect only of the time allowed by the Bill for the completion of the Railway, or such less time as the Committee think fit;
(3.) That payment of interest be not allowed to begin until the
(4.) That interest do not accrue in favour of any shareholder for any
(6.) That notice of the Company having power so to pay interest be
(7.) That the half-yearly accounts of the Company do show the amount on which, and the rate at which, interest has been paid;
and the Company may be authorized by the Bill to pay interest accordingly, but not further or otherwise, and the Committee on the Bill shall report to the House whether or not they have allowed such interest.
168. A CLAUSE shall be inserted in every Railway Bill, by which any money is authorized to be raised, prohibiting the Company from paying, out of such money, the Deposits required by the Standing Orders to be made for the purposes of any application to Parliament for a Bill for the construction of another Kailway.
Clause as to Deposits not to be paid out of Capital.
168a. THE foregoing Orders, No. 145a and Nos. 158 to 168, inclusive, Application of shall apply, mutatis mutandis, to Subways, Subway Companies, and Subway Standing Orders Bills, and to Tramroads, Tramroad Companies, and Tramroad Bills.
1450 and 158
1686. THE following Clause shall be inserted in all Railway Bills passing Clause as to Railthrough this House: way not to be exempt from any
Nothing herein contained shall be deemed or construed to exempt General Act. the Railway by this or the said recited Acts authorized to be made from the provisions of any General Act relating to Railways now in force, or which may hereafter pass during this or any future Session
of Committees on Bills.
of Parliament, or from any future revision and alteration, under the authority of Parliament, of the maximum rates of fares and charges authorized by this Act [or by the said recited Acts].
168c. In every Bill for the construction of a Tramroad of Railway Traffic Act, &c. to gauge, and intended to communicate with a Railway, a Clause shall be inserted that the provisions of "The Railway and Canal Traffic Act, 1854," and of "The Railway and Canal Traffic Acts, 1873 and 1888," shall apply to the Company as if they were a Railway or Canal Company, and to the Tramroad to be authorized by the Act as if such Tramroad were a Railway or Canal.
Length of Tram
road to be stated.
169. In every Tramroad Bill the length of so much of any Tramroad road along street or as is to be constructed along any street or road, or upon any street or road, or upon any waste or open ground by the side of any street or road, shall be set forth in miles, furlongs, chains, and links or yards, or decimals of a chain, in the Clause describing the works.
Length of Railway,
Tramway, and Sub
way to be specified
170. In every Railway Bill, Tramway Bill, and Subway Bill, the length of each Railway, Tramway, and Subway be set forth in miles, furlongs, chains, in Clause describing and yards, or decimals of a chain, in the Clause describing the works, with a statement in the case of each Tramway, whether it is a single or a double line.
Restriction of powers for construction, ac
quisition, or taking on lease of Tram way by Local Authority.
Running powers in
170a. No powers shall be given to any local authority to construct, acquire, take on lease, or work any Tramway, or portion of Tramway, beyond the limits of their district, unless such Tramway or portion of Tramway is in connection with the Tramway belonging to or authorized to be constructed, acquired, or worked by the local authority, and unless the Committee on the Bill shall determine that, having regard to the special local circumstances, such construction, acquisition, taking on lease, or working ought to be sanctioned.
In every case in which the Committee shall so determine, they shall specify what portion of the Tramway will be situate beyond the district of the local authority to which the power of construction, acquisition, or taking on lease is given, and shall insert a Clause for the protection of the local authority of the district in which such Tramway or portion of Tramway will be situate in the terms, mutatis mutandis, of Section 43 of "The Tramways Act, 1870," except that the Committee may, if they think fit in the special circumstances of the case, substitute a period not exceeding forty-two years for the period of twenty-one years mentioned in that section.
171. WHERE a local authority are empowered to work any Tramways belonging to, or authorized to be constructed or acquired by them, the Committee on the Bill may, if they think fit under the special circumstances of the case, empower the local authority to enter into agreements for running powers over any Tramways in connection with the Tramways so worked or to be worked by them, and such running powers shall be deemed to be a purpose of "The Public Health Act, 1875," and the expenses of the exercise of such powers shall, in the event of deficiency in the Tramway account, be defrayed out of a local rate, as defined by "The Tramways Act, 1870." Provided that in any such case the Committee on the Bill shall make provision:
(1.) That no such agreement shall have effect until approved by the Board of Trade;
(2.) That all enactments, bye-laws, and regulations relating to the use of or the running of carriages upon the Tramways, and the taking of tolls and charges therefor, shall, so far as applicable, extend and apply, mutatis mutandis, to, and shall be observed by, the local authority exercising such running powers;
(3.) That such running powers shall in no case be exclusive, and shall cease unconditionally at the expiration of seven years from the date of the agreement;
(4.) That further agreements for the exercise of such running powers may be made from time to time with the approval of the Board of Trade for any period not exceeding seven years, provided that such powers shall cease unconditionally at the expiration of the period for which the same are given;
(5.) That all questions in dispute as to the construction of or arising in consequence of such agreements shall be determined by
And the Committee shall report the circumstances specially to The House.
Proceedings of Committees on Bills.
172. In the case of all Bills whereby any Municipal Corporation, District Estimates. Council, Joint Board, or Joint Committee, or other local authority in England or Wales, are authorized to borrow money for any matter within the jurisdiction of the Board of Trade or the Local Government Board, estimates showing the proposed application of the money for permanent works shall (except so far as the exercise of the borrowing power is made subject to the sanction of the respective Board) be recited in the Bill as introduced into Parliament, and proved before the Select Committee to which the Bill is referred.
Copies of the estimates and statements deposited in accordance with Standing Order 36a shall be laid before the Committee for the purposes of this Order.
173. WHENEVER by any Bill application is made by or on behalf of any Bills relating Urban District Council, or Town or other Commissioners in Ireland for any to Local Governnew Powers, or for any increased or additional Powers, the Promoters shall be required to obtain a certificate under the seal of the Local Government Board of Ireland, setting forth whether such application is made with or without the sanction and approval of the said Local Government Board, which certificate shall be produced before the Committee to whom the Bill is referred, and shall be reported upon by the said Committee.
on Clauses in
173a. In the case of any Bill promoted by or conferring powers on a Committee to Municipal Corporation or Local Board, Improvement Commissioners, Town consider and report Commissioners, or other local authority or public body having powers of local reference to government or rating, the Committee on the Bill shall consider the Clauses various matters of the Bill with reference to the following matters
(a.) Whether the Bill gives powers relating to Police or Sanitary Regulations in conflict with, deviation from, or excess of, the provisions or powers of the general law;
(b.) Whether the Bill gives powers which may be obtained by means of Bye-laws made subject to the restrictions of General Acts already existing ;
(c.) Whether the Bill assigns a period for repayment of any loan or for the redemption of any charge or debt, under the Bill exceeding the term of sixty years, which term the Committee shall not in any case allow to be exceeded, or any period disproportionate to the duration of the works to be executed, or other objects of the loan, charge, or debt;
(d.) Whether the Bill gives borrowing powers for purposes for which such powers already exist, or may be obtained under General Acts, without subjecting the exercise of the powers under the Bill to approval from time to time by the proper Government Department.
And the Committee shall report specially to The House
In what manner any Clauses relating to the several matters aforesaid have been dealt with by the Committee; and
Whether any Report from any Government Department relative to the Bill has been referred to the Committee; and
If So, in what manner the recommendations in that Report have been dealt with by the Committee; and
affecting Local Government or Rating.
of Committees on
Any other circumstances of which, in the opinion of the Com. mittee, it is desirable that The House should be informed:
And the Report of the Committee shall be printed, and shall be circulated with the Votes.
Agreement to be annexed to Bill.
Copy of Letters
174. WHERE it is sought by any Bill to give Parliamentary sanction to any Agreement, such Agreement shall be annexed to the Bill as a Schedule thereto, and shall be printed in extenso therewith.
175. WHEN any Bill shall be brought into the House for restoring any annexed to the Bill. Letters Patent, there shall be a true Copy of such Letters Patent annexed to the Bill, and the total amount of fees (including the prescribed fee for enlargement under Section 17 of "The Patents, Designs, and Trade Marks Act, 1883"), due and to become due on the patent, shall be deposited with the Comptroller General of Patents, Designs, and Trade Marks, before the meeting of the Committee on the Bill, and such deposit proved before the Committee.
Clause for leaving open Space for exercise and recreation.
Inclosure and Drainage Bills.
176. In the case of any Bill for inclosing Lands, the Committee may admit proof of the Notices required by the Standing Orders, and of the Allegations in the Preamble of such Bill, by Affidavit taken and authenticated, according to the form prescribed in the Schedule to the General Inclosure Act (41 Geo. 3, c. 109), unless such Committee shall otherwise
177. THE Committee on every Bill for inclosing Lands shall in the first place require the Agent for the same to deliver into the Committee a printed copy of the Bill, signed by the Lord of the Manor (in cases where the Lord of the Manor has any interest as such in the lands to be inclosed), and by such Owners of Property within the Parish to which the Bill relates as shall have assented thereto; but the Parties, if they shall think fit, shall be permitted to deliver in different copies of the Bill, separately signed by the several Parties hereinbefore mentioned, instead of one copy, signed by all of them collectively; together with a List of all the Owners of Property within such Parish, showing the value according to the Poor Rate or Land Tax Assessment of each Owner's Property therein, and distinguishing which of them have assented, dissented, or are neuter in respect thereto.
178. THE Committee on every Bill for draining Lands shall in the first place require the Agent for the same to deliver in to the Committee a printed copy of the Bill, signed by such Owners and Occupiers of Property within the drainage district to which the Bill relates as shall have assented thereto; but the Parties, if they shall think fit, shall be permitted to deliver in different copies of the Bill, separately signed by the several Parties hereinbefore mentioned, instead of one copy, signed by all of them collectively ; together with a List of all the Owners of Property within such district, showing the value according to the Poor Rate or Land Tax Assessment of each Owner's Property therein, or the extent in acres, roods, and perches, and distinguishing which of them have assented, dissented, or are neuter in respect thereto.
179. In every Bill for inclosing Lands, provision shall be made for leaving an open space in the most appropriate situation, sufficient for purposes of exercise and recreation of the neighbouring population; and the Committee on the Bill shall have before them the number of acres proposed to be inclosed, as also of the population in the parishes or places in which the land to be inclosed is situate: and also shall see that provision is made for the efficient fencing of the allotment, for the investment of the same in the Churchwardens and Overseers of the parish in which such open space is reserved, and for the efficient making and permanent maintenance of the