Time for presenting it. Reference to the Lords. Witnesses. Proofs. Report. the Exchequer or some other member appointed by his Majesty) is necessary to the petition for a bill relating to Crown lands. An application for extending the term of letters patent cannot be made, unless the term will expire within two years from the commencement of the then session. In all cases, too, the petition for a private bill must be presented before the time has elapsed which, at the beginning of each session, the Houses respectively fix for receiving these petitions. Though if sufficient reasons can be given for transgressing the limit, then by stating these reasons in the petition, leave may still be obtained. The petition having been presented, there is a general order of the Lords, that "when a petition for a private bill shall be offered to this House, it shall be referred to two of the judges, who are forthwith to summon all parties before them, who may be concerned in the bill; and after hearing all the parties, and perusing the bill, they are to report to the House the state of the case, and their opinion thereupon, under their hands, and are to sign the said bill. The same method to be observed as to private bills, that are brought up from the House of Commons before the second reading of such bills, by sending a copy of the said bill, signed by the clerk, to the judges." Every person whose testimony will be requisite to support the petition, must attend at the bar of the House of Lords, to be sworn and give evidence before the judges. Before whom likewise a certificate of the oath, under the hand of the clerk of the parliaments, must be produced. The proofs before the judges will be, 1. That the requisite preliminaries (if any) have been fulfilled; 2. That the signatures are genuine; 3. and the allegations in the petition true. The judges' report must be given in by a certain time, since at the opening of every session, the Lords made an order that they will not receive any report from the judges upon petitions for private bills after such a day. The report being prepared, the bill and report is presented to the House with a breviate for the Speaker, and upon the report being read, leave (if favourable) is given to bring in the bill. The English judges also send a list to the House of the witnesses to be sworn in relation to the bill; who thereupon are sworn at the bar, in order to their examination. In the case of a Scotch or Irish estate bill, the refer- Scotch and Irish ence is to two of the Scotch' or Irish judges; in the Estate bills. latter case only if the parties desire it; who are empowered to examine witnesses on oath." the Commons. In the Commons, petitions are referred not to the judges, Reference to a but to a select committee, and in certain cases only. These Committee in cases are petitions for repairing or amending highways, making or cleansing ports or harbours, making rivers navigable, or for any other work proposed to be carried on by tolls or duties to be levied on the subject in particular places-building bridges-county rates-gaolsletters patent-navigation-paving. No petition for granting public money, will be proceeded with but in a committee of the whole House. And petitions for compounding crown debts are referred, in the first instance, to a committee above stairs, to take the proofs thereon, who may report the day after sitting: the House then name a day for resolving themselves into a committee on the petition; whereupon leave will be given to bring in the bill. A petition merely to inclose lands, or confirm an agreement under which they have been inclosed, is not referred to a committee; but otherwise one for draining. 8 The committee may meet the day after the order of re- Proceedings of ference; and to form a committee seven must be present. the Committee. The proofs before them are, 1. that all preliminaries have been observed; 2. and that the allegations in the petition are true; but not that the signatures are genuine. The evidence, though not upon oath, must be by witnesses,7 except in an inclosure bill, where by special order, the notices required by the standing orders of the House, and the allegations in the preamble, may be proved by affidavit taken and authenticated according to the form prescribed in the schedule to the General Inclosure act, unless the committee shall otherwise order. The committee is usually empowered to send for persons, papers and records; and if a person will not voluntarily attend or produce, the chairman signs an order requiring it. This order is served upon the party by a messenger of the House, or if personal service is impracticable, the House must be petitioned that leaving a copy at his last place of abode may be sufficient service, who on examining the messenger as to his own proceedings, will order that such 1 L. 16 May, 1792. 2 L. 9 Dec. 1801. 3 L. 9 Dec. 1801. 4 5 C. 28 Feb. 1734. 6 29 March, 1707. 7 2 Hats. 144. et seq. 145. in notis. Report. Of bringing in the bill. First reading. Forms are pre tain bills. service be sufficient. If after service he still continues obstinate, the House will commit him for contempt. The report of the committee is prepared by the committee clerk, pursuant to the evidence produced. And is made to the House by the member, and by him only (unless by special order of the House to the contrary) directed by the committee to make it: he may however be any member who has attended. In the case of bridge,' county rate, gaol, harbour, inclosure,5 letters patent," navigation, paving, and turnpike road' bills, the committee on the petition are directed to report how far the standing orders respecting such petition have been complied with. If the report is favourable, leave is given to bring in the bill. And where it is not found necessary, that a petition should be referred, in the Lords to the judges, in the Commons to a committee (as the case is with naturalization bills), leave is obtained upon mere petition. The bill as of course and upon the same day may be read a first time, provided in the Lords a copy of the petition and judge's report has been delivered to the chairman of the committees,10 in the Commons, that printed copies (except of naturalization bills) have already been delivered to the members. In that House too, the bill must be presented by one of the members named in the order of leave ;12 or by one who has since (which may be upon his own motion) been added to the list. Forms, to a certain extent, are prescribed to bills of a scribed for cer- particular description; bills, namely, for courts for recovering small debts,13 for divorce," for settling estates, whether in England,15 Scotland,16 or Ireland,17 for inclosures,18 naturalization,19 navigation,20 and turnpike roads.21 Bills also for harbours, have in some instances been limited to twenty-one years. To a bill for confirming letters patent, a copy of the letters must be annexed.22 1 C. 23 May, 1786, 2 C. 30 May, 1810. 3 C. 30 May, 1810; April, 1810. 5 C. 22 Nov. 1775; 18 April, 1810. 6 C. 30 June, 1801. 7 C. 7 May, 1794. 8 C. 18 April, 1810. 9 C. 22 Nov. 1775. 10 L. 15 March, 1809. 11 C. 12 November, 1705; 5 March, 1722. 13 C. 2 Feb. 1787. 14 L. 2 May, 1809. 15 L. 19 May, 1762; 29 April, 1799. 16 L. 22 May, 1799. 17 L. 9 Dec. 1801. 18 C. 25 April,1774; 14 March, 1781; 3 March, 1800; 7 May, 1800; 2 July, 1801; 30 June, 1801. 19 St. 14 G. 3. c. 84. 20 C. 7 May, 1794. 21 C. 12 March, 1752; 14 March 1753; 25 April, 1774. vorce bills. On the first reading of divorce bills, certain orders are Usual orders in made by the Lords,namely, that notice be affixed on the doors the case of Diof the House that the Lords be summoned, that the party applying for the divorce may be heard by his counsel at the second reading, to make out the truth of the allegations of the bill; that the party against whom the divorce is sued for may have a copy of the bill; that notice be given to the party of the second reading; and that he or she may be at liberty to be heard by counsel, what he or she may have to offer against the said bill; at the same time copies of which, with a copy of the bill, must be served on the adverse party, (and so likewise, when the bill comes to the Commons, the order of that House to resolve itself into a committee, with a copy of the bill, must be served,) or if he has absconded, service at his last place of abode will be substituted by the House, on petition for that purpose. bill. Petitions may be presented either for or against the Petitions for bill; and in any stage of the proceedings. But where a and against the petition has been referred to a committee, their report is a preliminary to hearing a petitioner against the bill.1 Petitions therefore against the bill are usually presented after the first reading; whereupon an order is made that the petitioners' counsel be heard on the second reading of the bill. In the Lords, the second reading cannot be until print- Second reading. ed copies of the bill have been left with the clerk of the parliaments for the perusal of the members; one of which is to be delivered to every person concerned in the bill (or in case of infancy, to the guardian or nearest disinterested relation) before the committee thereon meet. But if this preliminary has been observed and there is no opposition, the second reading may be the day after the first. In the Commons, upon the first reading, a day is named for the second, which at the least must be, in bills relating to Ireland, twenty-one days, in navigation bills seven days, and in all others three days to come. In the interim, and after the title of the bill has been copied and examined for the votes, it remains in the clerk's custody of the Private Bill office (until laid upon the table for the second reading,) for his examination and entry thereof in the form prescribed. The fees are due upon the Fees. 1 C. 5 May, 1773. C. 16 Nov. 1705. 3 C. 30 June, 1801. 3 + C. 7 May, 1794. In the case of naturalization. Navigation, And divorce bills. Committee. Witnesses. second reading, which until payment, the officers of the House may withhold.1 Before a naturalization bill can be read a second time, the party must have taken the oaths of supremacy and allegiance in the parliament house; which the Chancellor in the Lords, and the Speaker in the Commons have during the session power to administer. And in the Lords must produce a certificate, respecting his conduct, from a secretary of state. In navigation bills, too, a plan must be annexed to the printed copies of the bill and laid upon the table previous to the second reading. In a divorce bill, the petitioner (unless abroad) must attend at the bar on the second reading; as likewise must his witnesses, and counsel, if he employs any. Bills for compounding crown debts, of divorce, and for granting public money, are committed to a committee of the whole House. But in all other cases, the bill is committed, not to a committee of the whole House, but to a select committee only, which is generally formed of the members present on the second reading; and should it afterwards be proposed to add to their number, a motion must be made in the Lords, that "all lords who have attended in the then session be added to the committee," or that "the original order of commitment be waived, and that the bill be committed to all the lords who have attended in the then present session ;"-in the Commons, that "all members who come to the committee have voices." In this House, eight make a committee. In the Lords, all who are to give evidence before the committee, must, previous to its meeting, be sworn at the bar of the house; which may be the same day that the bill is committed, or any subsequent day. But in the Commons the evidence is not upon oath. In both Houses, where the committee have been empowered to send for persons and papers, the chairman may issue his order for that purpose; the disobedience of which, after personal service, will be a contempt of the House; or if it cannot be personally served, then after such a mode of service as the House upon petition will substitute for personal; thus, service at the last place of abode. 1 C. 13 June, 1751. 2 St. 7 Jac. 1. c. 2. 4 L. 18 June, 1795. C. 29 March, 1707. 7 C. 29 March, 1707. • Vide Hats. 9 C. 18 July, |