Contract to contain christian and surnames of parties. One-tenth part of amount subscribed to be tion stating those facts, and setting forth the means by which funds are to be obtained for executing the work, and signed by the party or agent soliciting the bill, together with an estimate of the probable amount of such rates, duties, or revenue, signed by the person making the same, may be substituted in lieu of the subscription contract, and in addition to the estimate of the expense." "That every subscription contract contain the christian and surnames, description, and place of abode of every subscriber; his signature to the amount of his subscription, with the amount which he has paid up; and the name of the party witnessing such signature, and the date of the same respectively." In the commons it is ordered, "That previous to the presentation of a petition for a bill, a sum equal to one-tenth part of the amount subscribed shall be deposited, and deposited with the Court of Chancery in England, if the work is intended to be done in England, or with the Court of Chancery in England or the Court of Exchequer in Scotland, if such work is intended to be done in Scotland, and with the Court of Chancery in Ireland, if such work is intended to be done in Ireland; and that not less than three-fourths in number of the subscribers shall pay up their shares of such deposit." three-fourths in number of subscribers to pay up their deposit. Contract not valid unless entered into sub sequent to close of previous session. Copies of subscription contract, or of declaration, &c. to be printed, and delivered in Parliament The standing orders of the lords require only a twentieth part of the subscription to be deposited in this manner, and allow the deposit to be made at any time prior to the proof of compliance before the standing orders' committee. "That no subscription contract shall be valid unless it be entered into subsequent to the close of the session of Parliament previous to that in which application is made for leave to bring in the bill to which it relates, and unless the parties subscribing to it bind themselves, their heirs, executors, and administrators, for the payment of the money so subscribed." It is further required, that previous to the presentation of a petition for a bill in the House of Commons, and before the second reading of the bill in the lords, copies of the subscription contract, with the names of the subscribers arranged in alphabetical order, and the amount of the deposit respectively paid up by each such subscriber; or where a declaration and estimate of the probable amount of rates and duties are substituted in lieu of a subscription contract, copies of such declaration or of such declaration and estimate be printed at the expense of the promoters of the bill, and be delivered in the lords at the office of the clerk of the Parliaments, and in the commons at the Vote Office, for the use of the members. Notice to owners, &c. when the bill is to abridge any "That previous to the presentation of a petition for a bill whereby any part of a work authorized by any former Act is intended to be relinquished, notice in writing of such bill be given to the owners or reputed owners and occupiers of the lands in public work. which the part of the said work intended to be thereby relinquished is situate." It is ordered by both houses, "That in all cases where it is proposed to divert into any intended cut, canal, reservoir, aqueduct, or navigation, or into any intended variation, extension, or enlargement thereof respectively, any water from any existing cut, canal, reservoir, aqueduct, or navigation, whether directly or derivatively, and whether under any agreement with the proprietors thereof or otherwise, the notices shall contain the name of every such existing cut, canal, reservoir, aqueduct, or navigation, the waters supplying which, by virtue of any Act of Parliament, will either directly or derivatively flow or proceed into any such intended cut, canal, reservoir, aqueduct, or navigation, or into any intended variation, extension, or enlargement thereof." "That in all cases where it is proposed to make, vary, extend, or enlarge any cut, canal, reservoir, aqueduct, or navigation, the plan shall describe the brooks and streams to be directly diverted into such intended cut, canal, reservoir, aqueduct, or navigation, or into any variation, extension, or enlargement thereof respectively, for supplying the same with water; it shall also exhibit the height of the several embankments, and the depth of the several cuttings respectively, on a scale specified thereon; and in cases of bills for improving the navigation of any river, there shall be a section which shall specify the levels of both banks of such river; and where any alteration is intended to be made therein, it shall describe the same by feet and inches." 2 "That in all cases where it is proposed to make, vary, extend, or enlarge any railway, the plan shall exhibit thereon the height of the several embankments, and the depth of the several cuttings respectively, on a scale specified thereon." CUTS, CANALS, &c. Diverting water from an existing cut,&c. into an intended cut. Plan to describe brooks, &c. to be di verted. RAILWAYS. Plan of railway to show em bankments and cuttings. Line of railway "That in every section of a railway, the line marked thereon on section to shall correspond with the upper surface of the rails." "That a vertical measure from the datum line to the line of the railway shall be marked in feet and inches at each change of the gradient or inclination, and that the proportion or rate of inclination between each such change shall also be marked.” 'Lords' S. O. No. 225. Com. S. O. No. 37. 2 Ibid. correspond Vertical mea- Height of railway, over or under surface, to be marked at every crossing of a road, &c. Tunnelling and archway to be marked. Documents to Private Bill Office. "That the height of the railway over or under the surface of every turnpike road, public carriage road, navigable river, canal, or railway, or junction with a railway, shall be marked in figures at every crossing thereof; and if there shall be no such crossing in every half mile, then the height over or under the surface of the ground shall be marked once in that space; and if any alteration in the present level or rate of inclination of any turnpike road, carriage road, or railway be intended, then the same shall be stated on the said section." "That where tunnelling as a substitute for open cutting, or arching as a substitute for solid embankment, be intended, the same shall be marked both on the plan and section."' 3. Orders specially relating to Bills of the Third Class. The standing orders of the commons require, "That as respects all bills of the third class, for the incorporabe deposited in tion of joint stock companies, or proposed companies for carrying on any trade or business, or for conferring upon such companies. the power of suing and being sued, there be deposited in the Private Bill Office, previous to the presentation of the petition for the bill, a copy of the deed or agreement of partnership (if any) under which the company or proposed company is acting, or of the subscription contract (if any), together with a declaration in writing, stating the following matters: Letters patent. Name of invention to be pre fixed in capitals to notice. "1. The present and proposed amount of the capital of the company. "2. The number of shares, and the amount of each share. "3. The number of shares subscribed for. "4. The amount of subscriptions paid up. "5. The names, residences, and descriptions of the shareholders or subscribers (so far as the same can be made out), and of the actual or provisional directors, treasurers, secretaries, or other officer, if any. "And such documents shall be verified by the signature of some authorized officer of the company or proposed company (if any), and by some responsible party promoting the bill." And, "That in cases of bills for confirming or prolonging the terms of letters patent, each notice shall have prefixed to it in capital letters the name by which the invention is usually distinguished, and shall contain a distinct description of the invention for which such letters patent have been obtained, and also an account of the term of their duration." All the proper figures are given in the Appendix to the Standing Orders published by both houses. CHAPTER XXVI. COURSE OF PROCEEDINGS UPON PRIVATE BILLS INTRODUCED classes of private bills pass commons. ALL these preliminary conditions, as required by the The three standing orders of both houses, having been explained, it will now be supposed that all the bills contained in the ing through the three classes enumerated in the last chapter,' are first solicited in the House of Commons; where their progress may be followed, step by step, precisely in the order in which particular rules must be observed by the parties, or enforced by the house or its officers. But this statement of the various forms of procedure in passing private bills, must be introduced by a few observations explanatory of the general conduct of private business in the House of Commons. agents. I. Every private bill or petition is solicited by an agent, Parliamentary upon whom various duties and responsibilities are imposed by the orders of the house. The rules laid down by the speaker, by authority of the house, in 1837, are to the following effect: 1. "Every agent conducting proceedings in Parliament before Personally rethe House of Commons, shall be personally responsible to the sponsible. house and to the speaker for the observance of the rules, orders, and practice of Parliament, and rules prescribed by the speaker, and also for the payment of all fees and charges." 2. "No person shall be allowed to act as an agent until he has Declaration subscribed a declaration before one of the clerks in the Private and registry. Bill Office, engaging to observe and obey all the rules of the house, 1 Supra, p. 388. Form. Appearance to be entered upon bills. Appearance on petitions against bills. A fresh appear and to pay all fees and charges when demanded. [He shall also enter into a recognizance (if hereafter required) in 500 l., conditioned to observe this declaration.] He shall then be registered in a book to be kept in the Private Bill Office, and shall be entitled to act as a parliamentary agent, without the payment of any fee upon the declaration, bond, or registry." 3. "The declaration, &c. shall be in such form as the speaker may from time to time direct." 4. "No notice shall be received in the Private Bill Office, for any proceeding upon a petition for a bill, or upon a bill brought from the lords (after such bill has been read a first time), until an appearance to act as the parliamentary agent upon the same shall have been entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor (if any) for such petition or bill." 5. "That before any party shall be allowed to appear or be heard upon any petition against a bill, an appearance to act as the agent upon the same shall be entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor and of the counsel who appear in support of any such petition (if any be then engaged), and a certificate of such appearance shall be delivered to the parliamentary agent, to be produced to the committee clerk." 6. "In case the agent for any petition or bill shall be displaced ance on change by the solicitor, or shall decline to act, his responsibility shall cease upon a notice being given in the Private Bill Office; and a fresh appearance shall be entered upon such petition or bill." of agent. Speaker may prohibit an agent from practising. Registry of agents. 7. "Any agent who shall wilfully act in violation of the rules and practice of Parliament, or any rules to be prescribed by the speaker, or who shall wilfully misconduct himself in prosecuting any proceedings before Parliament, shall be liable to an absolute or temporary prohibition to practise as a parliamentary agent, at the pleasure of the speaker; provided that upon the application of such agent, the speaker shall state in writing the grounds for such prohibition." 2 The name, description, and place of residence of the parliamentary agent in town, and of the agent in the country (if any) soliciting a bill, are entered in the "private bill register," in the Private Bill Office, which is open to public inspection.3 1 But this recognizance has not been required. 2 Parl. Paper, No. 88, of 1837. 3 Com. S. O. No. 126. |