The Government of England Part 45

[372:3] Clifford, I., 117.

[372:4] S.O.P.B. 98-106, 115, 208.

[373:1] May, 767. Ilbert, "Manual," -- 92, and p. 294. It is appointed by the Committee of Selection.

[373:2] S.O.P.B. 127-28. If the bill is brought from the House of Lords, or delayed in any other way, the pet.i.tion must be filed within ten days of the first reading.

[373:3] May, 733.

[373:4] S.O.P.B. 87-89. Until 1902 the Speaker's Counsel and the paid referee were members, and the important members, of the court.

[374:1] Rep. Com. on Priv. Bill Leg., Com. Papers, 1888, XVI., 1, p.

iv., and see the evidence before the Committee on Private Business, Com.

Papers, 1902, VII., 321.

[374:2] S.O.P.B. 129-35. These precedents are collected in the reports of cases in the Court of Referees, by Rickards and Saunders, and Saunders and Austin.

[374:3] By the Borough Funds Act of 1872 the expense of promoting a private bill cannot be incurred by a local authority unless sanctioned by a meeting of the rate-payers. Glen, "Law of Public Health," 12 Ed., 483, 967-68. But this does not apply to matters for which provisional orders can be obtained. _Ibid._, 970; _cf._ Rep. of Com. on Priv.

Business, Com. Papers, 1902, VII., 321, Qs. 2242, 2290-92, 2329-31. By the Borough Funds Act, 1903, no such sanction is required for opposing a private bill.

[374:4] _Cf._ May, 734-52.

[374:5] But usually only in case they appear as a cla.s.s. S.O.P.B. 133; May, 735.

[375:1] Rep. of Com. on Munic.i.p.al Trading, Com. Papers, 1900, VII., 183, Qs. 576, 582, 2377.

[375:2] If the Court of Referees thinks fit. S.O.P.B. 133a. This provision is not restricted to cases of compet.i.tion.

[375:3] May, 691-93.

[375:4] By custom, parliamentary counsel are never appointed to the bench, and as they cannot enter Parliament without giving up their practice, they are shut out from a political career.

[375:5] May, 781-82.

[376:1] _Cf._ S.O.P.B. 154, 155, 157a, 158b, 173, 194c.

[376:2] S.O.P.B. 212.

[376:3] _Ibid._, 150, 157, 157a, 173a, 194c, 194d.

[377:1] Rep. Com. on Munic.i.p.al Trading, Com. Papers, 1900, VII., 1, Qs.

569, 985.

[377:2] _Cf._ S.O.P.B. 79-86.

[377:3] The total number of private bills that come before the House of Commons runs from 150 to 250 a year, and of these about one half are unopposed in that House. There are also about 50 unopposed provisional orders.

[377:4] _Cf._ S.O.P.B. (1902) 109, 137. For bills originating in the House the third man was the member indorsing the bill. But this member, if interested, locally or otherwise, although taking part in other ways, could not vote. S.O.P.B. (1902) 139, now S.O.P.B. 138. For bills coming from the House of Lords he was Mr. Parker Smith, M.P. Rep. Com. on Priv.

Business, Com. Papers, 1902, VII., 321, Qs. 23, 68-69, 368; and see the Return printed yearly in the Commons Papers of the persons who served on the committee for each unopposed bill.

In the Lords the Committee on unopposed bills consists of the Chairman of Committees and such lords as think fit to attend, but the work is practically done by the Chairman and his counsel. May, 801. Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs. 1961, 1984-85, 2096, 2099-2104.

[377:5] Com. Papers, 1902, VII., 321, pp. viii-ix.

[378:1] S.O.P.B. 109.

[378:2] Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs.

25, 27, 72-73, 1393, 1405-8.

[378:3] S.O.P.B. 83, 209.

[378:4] Rep. Com. on Priv. Business, Com. Papers, 1902, VII., 321, Qs.

75-76, 1410-12.

[378:5] _Ibid._, Q. 1391.

[378:6] S.O.P.B. 213.

[379:1] S.O.P.B. 81, 84, 85, 215-16, 218. Amendments made by the Lords must also be laid before the Chairman of Ways and Means. _Ibid._, 86.

Before consideration bills must also be sent again to the government departments where they have to be deposited before they are introduced.

_Ibid._, 84.

[379:2] S.O.P.B. 219. In the House of Lords there is no consideration or report stage, and substantial amendments may be made on third reading.

Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, App. 15.

[379:3] _Cf._ May, Ch. xxix.

[379:4] _Cf._ Reps. of the Sel. Coms. of 1888 and 1902, Com. Papers, 1888, XVI., 1; 1902, VII., 321.

[379:5] _Cf._ Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, Apps. 8, 12.

[380:1] 62-63 Vic., c. 47. Section 15 of the act empowers the Lord Chairman of Committees and the Chairman of Ways and Means, acting jointly with the Secretary for Scotland, to make, subject to objection by either House, general orders for regulating proceedings under the Act. These orders, which are voluminous, may be found in Com. Papers, 1900, LXVII., 649. A few standing orders for Scotch bills are published as Part VI. of the Standing Orders relating to Private Business.

[381:1] Rep. of Com. on Priv. Bill Proc. (Scotland), Com. Papers, 1898, XI., 625.

[381:2] S.O.P.B. 253.

[381:3] The parliamentary returns show that of the dozen persons required each year to make three commissions on groups of pet.i.tions, it has been necessary to take only a couple of names from the extra parliamentary panel.

[381:4] By -- 8 if the commission report that the order be issued, he may amend their draft.

[382:1] S.O.P.B. 255-58.

[382:2] Com. Papers, 1904, VI., 409.

[383:1] _E.g._ Rep. of Com. on Police and Sanitary Bills, Com. Papers, 1898, XI., 555; Rep. of Com. on Priv. Business, Com. Papers, 1902, VII., 321, p. vii.

[383:2] The cases where land can be taken compulsorily without confirmation by Parliament, are few, and are in the main confined to widening highways, enlarging public buildings, providing for national defence, furnis.h.i.+ng allotments to labourers, and acquiring land for parish purposes. The most striking departure from the rule is in the Act of 1896 for the construction of light railways. _Cf._ Ilbert, "Leg.