HC Deb 08 August 1872 vol 213 cc689-95
MR. BONHAM-CARTER

, in rising to move certain Amendments in the Standing Orders, said, they were of a simple character, being, in fact, generally, adjustments which had become necessary in consequence of the changed conditions arising from legislation in regard to tramways, and some other steps which had been taken in consequence of the establishment of Local Government Boards.

Standing Order 16 was read, and amended, by inserting in line 6, after the word "street," the words and whether or not, and if so, at what point or points it is proposed to lay such Tramway so that for a distance of thirty feet or upwards a less space than nine feet six inches, or if it is intended to run thereon carriages or trucks adapted for use upon Railways, a less space than ten feet six inches shall intervene between the outside of the footpath on either side of the road and the nearest rail of the Tramway.

Standing Order 41 was read, and amended, by leaving out in line 7, after the word "waters," the word "and."

In line 9, by inserting after the word "department," the words and a printed copy of every Bill whereby application is made by or on behalf of any municipal corporation, local board, improvement commissioners, or other local authority in England or Wales, for power to borrow money for any purpose to which the several Acts specified in Part I. of the Schedule to 'The Local Government Board Act 1871' relate, at the Office of the Local Government Board:"—

Amendment made to said proposed Amendment by leaving out in line 4 the words "to borrow money for," and inserting the words "in respect of:"—(Mr. Francis Sharp Powell:)—Amendment, as amended, agreed to.

Standing Order 64 was read, and amended, by inserting in line 1, after the word "Bill," the words "or a Tramway Bill."

In line 2, by inserting after the word "Company," the words "or Tramway Company."

In line 6, by inserting after the words "Railway Bills," the words "and Tramway Bills."

New Standing Order 71a:— Ordered, That every Bill originating in this House, and empowering or requiring any Company, Association, or Co-partnership formed or registered under the Companies Act 1862, or con- stituted by Royal Charter, Letters Patent, Deed of Settlement, Contract of Co-partnery, Cost Book Regulations, or other Instrument other than Act of Parliament, and under the management of Directors or Trustees, to do any act not authorised by the Memorandum and Articles of Association of such Company, or other Instrument or Instruments constituting or regulating the same, shall, after the First Reading thereof, be referred to the Examiners, who shall report as to compliance or non-compliance with the following requirements: In the case of a Company formed or registered under the Companies Act 1862, The Bill as introduced or proposed to be introduced in this House shall be approved by a special resolution of the Company. In the case of any other such Company, Association, or Co-partnership as aforesaid, The Bill as introduced or proposed to be introduced in this House shall be consented to by a majority of three-fourths in number and value of the shareholders or members of such Company, Association, or Co-partnership present, in person or by proxy, at a meeting convened with notice of the business to be transacted; such consent to be certified in writing by the chairman of the meeting. A copy of such special resolution or certificate of consent shall be deposited in the Private Bill Office. Ordered, That the said Order be a Standing Order of this House.

New Standing Order 71b:— Ordered, That in the case of every Bill brought from the House of Lords, in which provisions have been inserted in that House empowering or requiring any Company, Association, or Co-partnership formed or registered under the Companies Act, 1862, or constituted by Royal Charter, Letters Patent, Deed of Settlement, Contract of Co-partnery, Cost Book Regulations, or other Instrument or Instruments other than Act of Parliament, and under the management of Directors or Trustees, to do any act not authorised by the Memorandum and Articles of Association of such Company, or other Instrument constituting or regulating the same, the Examiner shall report as to compliance or non-compliance with the following requirements: In the case of a Company formed or registered under the Companies Act 1862, The Bill as introduced or proposed to be introduced into this House shall be approved by a special resolution of the Company. In the case of any other such Company, Association, or Co-partnership as aforesaid, The Bill as introduced or proposed to be introduced in this House shall be consented to by a majority of three-fourths in number and value of the shareholders or members of such Company, Association, or Co-partnership present, in person or by proxy, at a meeting convened with notice of the business to be transacted. A copy of such special resolution or certificate of consent shall be deposited in the Private Bill Office, such consent to be certified in writing by the chairman of the meeting: Provided always, That if by the terms of such special resolution or consent the Bill as introduced or proposed to be introduced into the House of Lords shall have been approved or consented to, subject to all such additions, alterations, and variations as Parliament may think fit to make therein, then it shall not be necessary for the purposes of this Order to obtain any further approval or consent in respect of any provisions inserted in the Bill in the House of Lords; Provided nevertheless that it shall be competent to the Committee on the Bill, if they shall think fit, having regard to the nature and effect of such provisions to require any further evidence of the approval or consent to such provisions on the part of the shareholders or members of the Company, Association, or Co-partnership. Ordered, That the said Order be a Standing Order of this House.

Standing Order 153 was read, and amended, by inserting in line 1, after the word "Bill," the words "and Tramway Bill."

In line 2, by inserting after the word "Railway," the words "or Tramway."

In line 4, by inserting after the word "Company," the words "or Tramway Company."

In the same line, by inserting after the word "Railway," the words "or Tramway."

In line 11, by inserting after the word "Railway," the words "or Tramway."

In line 14, by inserting after the word "Railway," the words "or Tramway."

In line 29, by inserting after the word "Railway," the words "or Tramway."

In line 39, by inserting after the word "Railway," the words "or Tramway."

In line 42, by inserting after the word "Company," the words "or Tramway Company."

Same line, by inserting after the word "Railway," the words "or Tramway."

In page 48, line 2, by inserting after the word "Railway," the words "or Tramway."

In line 10, by inserting after the word "Railway," the words "or Tramway."

In line 26, by inserting after the word "Railway," the words "or Tramway."

In line 28, by inserting after the word "Railway," the words "or Tramway."

In lines 29 and 30, by leaving out the words "Lords of the Committee of Her Majesty's Privy Council for Trade and Foreign Plantations," and inserting the words "Board of Trade."

In line 35, by inserting after the word "Railway," the words "or Tramway."

In line 37, by leaving out the words "Lords of the said Committee," and inserting the words "Board of Trade."

In lines 40 and 41, by leaving out the words "Lords of the said Committee," and inserting the words "said Board."

In line 46, by inserting after the word "Bill," the words "and Tramway Bill."

In line 47, by inserting after the word "Railway," the words "or Tramway."

In page 49, line 6, by inserting after the word "Railway," the words "or Tramway."

In line 10, by inserting after the word "paid," the words— And also in the case of Tramways in compensating all road authorities for the expense incurred by them in taking-up any Tramway, or materials connected therewith, placed by the Company in or on any road vested in or maintainable by such road authorities respectively, and in making good all damage caused to such roads by the construction or abandonment of such Tramway.

In line 22, by leaving out from the word "be" to the word "recovered," in line 26, inclusive, and inserting the words— Either be forfeited to Her Majesty and accordingly be paid or transferred to or for the account of Her Majesty's Exchequer, in such manner as the Court of Chancery in England (or Court of Exchequer in Scotland, or Court of Chancery in Ireland, as the case may be), thinks fit to order on the application of the solicitor of Her Majesty's Treasury, and shall be carried to and form part of the Consolidated Fund of the United Kingdom, or, in the discretion of the Court, if the Company is insolvent and has been ordered to be wound up, or a receiver has been appointed, shall wholly or in part be paid or transferred to such receiver, or to the liquidator or liquidators of the Company, or be otherwise applied as part of the assets of the Company for the benefit of the creditors thereof.

In line 37, by inserting after the word "Railway," the words "or Tramway."

In line 38, by leaving out from the word "such," to the word "line," in line 40, inclusive.

In line 42, by inserting after the word "Railway," the words "or Tramways respectively."

In line 44, by inserting after the word "completed," the words— The period limited shall not exceed five years in the case of a new Railway line, and two years in the case of a new Tramway line, and three years in the case of extension of time for completing any Railway line, and one year in the case of extension of time for completing any Tramway line. In the case of extension of time the additional period shall be computed from the expiration of the period sought to be extended.

In line 45, by inserting after the word "Railway," the words "or Tramway."

In line 48, by inserting after the word "Railway," the words "or Tramway."

Standing Order 163 was read, and amended, by inserting in line 1, after the word "Bill," the words "by which any money is authorised to be raised."

In line 2, by leaving out the words "any Railway," and inserting the word "the."

In same line, by leaving out from the word "the" to the word "Act," in line 4, inclusive.

In line 4, by inserting after the word "Act," the words "such money."

New Standing Order 164b:— Ordered, That in every Railway Bill and Tramway Bill the length of each Railway and Tramway be set forth in miles, furlongs, chains, 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 double line. Ordered, That the said Order be a Standing Order of this House.

New Standing Order 164c:—

Tramway Bills.

Ordered, That no powers shall be given to any Municipal Corporation, Local Board, Improvement Commissioners, or other local authority to place or run carriages upon any Tramway, and to demand and take tolls and charges in respect of the use of such carriages.

Ordered, That the said Order be a Standing Order of this House.

New Standing Order 164d:—

Local Government.

Ordered, That in the case of all Bills whereby any Municipal Corporation, Local Board, Improvement Commissioners, or other local authority in England or Wales, are authorised to borrow money for any purpose to which the several Acts specified in Part I. of the Schedule to the Local Government Board Act, 1871, relate, without the sanction of the Local Government Board, estimates showing the proposed application of the money for permanent works within the meaning of the 57th section of the Local Government Act, 1858, or as defined by any subsequent Acts, shall be recited in the Bill as introduced into Parliament, and proved before the Select Committee to which the Bill is referred.

Ordered, That the said Order be a Standing Order of this House.

Notice to frontagers (Notices No. 2), page 20 of Standing Orders.

Ordered, That on or before the 15th December immediately preceding the application for a Bill to authorise the laying down of a Tramway along any public highway, notice in writing shall be given to the owners or reputed owners, lessees or reputed lessees, and occupiers of all houses, shops, or warehouses abutting upon any part of the said highway, where for a distance of thirty feet or upwards it is proposed that a less space than nine feet six inches shall intervene between the outside of the footpath on either side of the road and the nearest rail of the Tramway, or a less space than ten feet six inches, if it is intended to run on the Tramway carriages or trucks adapted for use upon Railways.

Ordered, That the said Order be a Standing Order of this House.

Consents in case of Tramway Bills.

Ordered, That in cases of Bills to authorise the laying down of a Tramway along any public highway, the promoters shall obtain the consent of the local authority of the district or districts through which it is proposed to construct such Tramway, and where in any district there is a road authority distinct from the local authority, the consent of such road authority shall also be necessary in any case where power is sought to break up any road, subject to the jurisdiction of such road authority. For the purposes of this Order, the local and road authorities shall be the local and road authorities mentioned in Section 3 of "The Tramways Act, 1870:" Provided that where it is proposed to lay down any Tramways in two or more districts, and any local or road authority having jurisdiction in any such districts does not consent thereto, the consents of the local and road authority or the local and road authorities having jurisdiction over two-thirds of the length of such proposed Tramway shall be deemed to be sufficient.

Ordered, That the said Order be a Standing Order of this House.

MR. HINDE PALMER

moved a new Standing Order providing— That where a Bill is promoted by a public representative body, which Bill has for any of its objects the imposition or increase of rates or taxes upon the inhabitants of the district over which the power or authority of such representative body extends, it shall be competent to the Referees on Private Bills to admit Petitioners, being ratepayers, vestries, or local boards of the district, or any of such Petitioners, to be heard before the Committee in opposition to such Bill, notwithstanding the representative character of the body promoting such Bill. He stated that much inconvenience had arisen in consequence of ratepayers being unable to oppose Bills promoted by representative bodies of the district in which they resided. Under the present Standing Orders those parties were precluded from any locus standi; and, as an example of the effect of the existing Standing Order, he referred to the Bill promoted during the present Session by the Metropolitan Board of Works to raise £2,500,000 by taxation. A great number of Petitions were presented against that Bill by ratepayers, who could obtain no locus standi to be heard in opposition to it. There ought to be a new Standing Order to meet the new circumstances which had arisen. The Chairman of the Committee on that Bill in the House of Lords (Earl Beauchamp) had expressed himself strongly to that effect on the third reading of the Bill. The "Municipal Corporations Borough Funds Bill," passed this Session, rendered the new Order still more necessary.

MR. BONHAM-CARTER

was of opinion that a subject of such great importance could not be properly discussed at that late period of the Session. If a small minority of ratepayers, and in some cases individuals, were to be allowed to contest Private Bills, much of the time of the House would be occupied with the consideration of details which it could not satisfactorily deal with. At the same time, he admitted that in special cases a modification of the ordinary practice of the House might be advantageously made. He hoped his hon. and learned Friend would not press the matter on that occasion.

MR. HINDE PALMER

expressed his willingness to withdraw the Motion, but said he should bring the matter forward again next Session.

COLONEL WILSON-PATTEN

, as Chairman of the Committee on Standing Orders, undertook that the subject should receive due attention.

Motion, by leave, withdrawn.

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