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clusion, it may be added-1. "That no private bill may pass through two stages on one and the same day;"1 and, When standing 2. “That (except in cases of urgent and pressing necessity) no motion may be made to dispense with any sessional or standing order of the house, without due notice thereof." "

orders to be dispensed with.

CHAPTER XXVII.

COURSE OF PROCEEDINGS IN THE LORDS, UPON PRIVATE
BILLS SENT UP FROM THE COMMONS.

Private bills originating in the commons.

The three

classes of bills.

Estate bills referred to the

judges.

SOME few of the private bills included in the first and third classes, already enumerated,3 may occasionally originate in the lords, because rates, tolls, or penalties, are not essential to their operation; but all bills in the second class must be brought in to the commons on petition, and the others are, with very rare exceptions, also commenced in the same house. The private bills which are first brought into the lords are estate, naturalization, name and divorce bills, and such as relate to the peerage. In tracing the progress of private bills through this house, it will be convenient to assume that all the three classes of bills have been sent up from the commons, and that the last bills only are brought in upon petition. As the progress of the former has been already followed through the commons, it is now proposed, in the first place, to pursue them through their various stages in the lords.

Whenever a private bill, in the nature of an estate bill, is brought up from the commons, it is read a first time; ;

Com. S. O. No. 124.

2 Ib. No. 125.

3

Supra, p. 388.

and a copy of the bill, signed by the clerk, is referred to two of the judges in rotation, not being lords of Parliament, who are to report their opinion, whether, presuming the allegations of the preamble to be satisfactorily established, it is reasonable that the bill do pass; and whether the provisions are proper for carrying its purposes into effect, and what alterations or amendments are necessary. In the event of their approving the bill, they are to sign the same.' But except in special cases, no other commons' bills are referred to the judges.

standing orders.

A "committee for standing orders" is appointed at the Committee for commencement of every session, which combines the functions of the committees on petitions for bills and on standing orders, in the commons. It consists of forty lords, besides the chairman of the lords committees, who is always chairman of the standing order committee; and three lords, including the chairman, are a quorum.2

ferred to them.

Before the second reading of any bill relating to rail- Private bills reways included in the second class, and previously to the sitting of the committee on any opposed bill in any of the three classes, the bill is referred to the standing order committee, for the proof of compliance with the standing

3

orders; and three clear days notice must be given of the Notice of meetmeeting of the committee.

Any parties are "at liberty to appear and to be heard by themselves, their agents, and witnesses, upon any petition which may be referred to this committee, complaining of non-compliance with the standing orders, provided the matter complained of be specifically stated in such petition, and that it be presented on or before the second day after the introduction of the bill into the house."

It is ordered,

ing.

Petitions com

plaining of non

compliance with standing orders.

"That such committee shall report whether the standing orders What matters have been complied with; and if it shall appear to the committee to be reported. that they have not been complied with, they shall state the facts

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What bills referred.

What standing orders proved.

upon which their decision is founded, and any special cireumstances connected with the case, and also their opinion as to the propriety of dispensing with any of the standing orders in such

case." 1

If bills be unopposed, they are not referred to the standing order committee, but compliance with the standing orders is proved before the committee on the bill. Railway bills included in the second class, however, form an exception to this rule, and whether opposed or not, are referred to the standing order committee.

The several standing orders required by both houses to be complied with, before application is made to Parliament for a bill, have already been enumerated, and distinguished according to each class or description of bill. These it will be unnecessary to repeat or refer to, as the slight variations between the orders of the two houses were there Standing orders pointed out; but there are other orders peculiar to the peculiar to the lords. House of Lords, compliance with which must be proved at the same time, before the standing order committee or the committee on the bill. They relate to particular classes or descriptions of bills, and shall be stated as they respectively apply to each.

When new works are applied for.

Special meeting of proprietors to be proved.

1. It is ordered,

"That no bill to empower any company already constituted by Act of Parliament to execute any work other than that for which it was originally established, shall be allowed to proceed, unless the committee on standing orders, when such bill shall be referred to that committee, or unless the committee on the bill, when the compliance with the standing orders is to be proved before such committee, shall have specially reported:""

1st. "That a draft of the proposed bill was submitted to a meeting of the proprietors of such company, at a meeting held specially for that purpose." 2d. "That such meeting was called by advertisement, inserted, in four consecutive weeks, in the newspapers of the county or counties wherein such new works were proposed to be executed; or if there are no newspapers published in such county or counties, then in that of the nearest county 1 Lords' S. O. No. 219 (6). 2 Chapter. XXV. Lords' S. O. No. 220 (5).

wherein a newspaper is published." 3d. "That such meeting was held at a period not earlier than seven days after the last insertion of such advertisement." 4th. "That at such meeting the draft of the proposed bill was submitted to the proprietors then present, and was approved of by at least three-fifths of such proprietors."

It is further ordered,

senting may petition to be heard.

"That in case any proprietor of such company who, by himself Proprietor disor any person authorized to act for him in that behalf, shall have dissented at the meeting called in pursuance of the aforesaid standing order, to empower any company already constituted by Act of Parliament to execute any work other than that for which it was originally established, such proprietor shall be permitted, on petitioning the house, to be heard by the committee on standing orders on the compliance with the standing orders, by himself, his agents and witnesses, or by the committee on the proposed bill, by himself, his counsel or agents, and witnesses."

2. It is an order of the lords,1

&c.,

"That when any alteration shall have been made, or shall be Alterations of desired by the parties to be made, after the introduction of the bill plans, sections, into Parliament, in a work included in the second class of bills, a plan and section of such alteration, on the same scale, and containing the same particulars as the original plan and section, together with a book of reference thereto, shall be deposited with to be deposited; the clerk of the peace in England, and in the office of the sheriff with whom ; clerk in Scotland, in every county in which such alteration is proposed to be made; and a copy of such plan and section, so far as relates to each parish, together with a book of reference, shall be deposited, in England with the parish clerk, and in Scotland with the schoolmaster, or in royal burghs with the town clerk, and in Ireland with the postmaster of the post-town in or nearest to each parish in which such alteration is intended to be made, one month previously to the introduction of the bill for making such when. work, into this house. And the intention to make such alteration Notices to be shall be published in the London, Edinburgh, or Dublin Gazette, given of alteraas the case may be, and some one and the same newspaper of the county in which such alteration is situate, or if there be no such paper, then in the newspaper of some adjoining county, for three when. successive weeks previously to the introduction of the bill into this house. And personal application, with a notice in writing, shall be Personal applimade to the owners or reputed owners, and lessees, or in their cation to absence from the United Kingdom, to their agents, and to the owners, &c., occupiers of lands through which the alteration is intended to be

1 Lords' S. O. No. 223 (9).

tions;

and consents.

Deposit of

tions in the

made; and the consent of such owners or reputed owners, or lessees, and occupiers, to the making of such alteration, shall be proved to the satisfaction of the committee before whom the compliance with the standing orders shall be proved.”

3. It is also ordered, in reference to alterations of plans,

"That previous to any bill for making any work, included in plans of altera- the second class, being brought to this house from the commons, House of Lords. in which any alteration has been made in its progress through Parliament, a map or plan, and section of such work, showing any variation, extension, or enlargement which is intended to be made in consequence of such alteration, shall be deposited in the office of the clerk of the Parliaments; and that such map or plan, and section, shall be on the same scale, and contain the same particulars as the original map or plan, and section of the said work." 1

Maps, &c. annexed to bills of

the second class.

Private bills to

be printed be-
fore second
reading,
and delivered to
parties before
meeting of com-
mittee.

Not to be read before the hearing of causes.

4. "That previous to the second reading in this house of any bill of the second class, the map or plan of the work, as intended to be made by the said bill, shall be engraved or printed, upon the scale of an inch at least to a mile, and annexed to the printed copies of the bill, and shall be laid upon the table of this house."*

These are the several standing orders of the lords, peculiar to that house, which must be proved before the standing order committee, when a bill is opposed, and when unopposed, before the committee on the bill. Others will presently be added, in describing the further stages of bills.

Private bills of every description are subject to the following standing order:

"That for the future no private bill shall be read in this house a second time until printed copies thereof be left with the clerk of the Parliaments, for the perusal of the lords; and that one of the said copies shall be delivered to every person that shall be concerned in the said bill, before the meeting of the committee upon such bill; and in case of infancy, to be delivered to the guardian or next relation of full age, not concerned in interest or in the passing of the said bill.” 3

By another standing order, when any cause shall be appointed to be heard in this house, no private bill whatsoever shall be read that day before the hearing of the cause.* 2 Ib. (11).

1 Lords' S. O. No. 223 (10).
3 Ib. No. 96.

4 Ibid.

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