worked by them; and such running powers shall be deemed to be powers over connected a purpose of the Public Health Act, 1875, and the expenses of the tramways. exercise of such powers shall, in the event of deficiency in the tramway account, be defrayed out of a local rate, as defined by the Tramways Act, 1870. Provided that in any such case the committee on the bill shall make provision (1.) That no such agreement shall have effect until approved by the Board of Trade. (2.) That all enactments, by-laws, and regulations relating to the use of or the running of carriages upon the tramways, and the taking of tolls and charges therefor, shall so far as applicable extend and apply, mutatis mutandis, to and shall be observed by the local authority exercising such running powers. (3.) That such running powers shall in no case be exclusive, and shall cease unconditionally at the expiration of seven years from the date of the agreement. (4.) That further agreements for the exercise of such running powers may be made from time to time with the approval of the Board of Trade for any period not exceeding seven years, provided that such powers shall cease unconditionally at the expiration of the period for which the same are given. (5.) That all questions in dispute as to the construction of or And the committee shall report the circumstances specially to the Local Government Bills. Ïocal autho 172. [H. L. 134.] In the case of any bill whereby any municipal Borrowing corporation, district council, [improvement commissioners,] joint powers of board, or joint committee, or other local authority in England or rities. Wales, are authorised to borrow money for any purpose within the jurisdiction of the Board of Trade or the Local Government Board, estimates, showing the proposed application of the money for permanent works shall, except so far as the exercise of the borrowing power is made subject to the sanction of the respective Board, be recited in the bill as introduced into Parliament, and proved before. the select committee to which the bill is referred [committee]. to stand [H. C.] 208A. Every bill for confirming provisional orders or pro- Provisional visional certificates shall after the second reading stand referred to the Order Bills Committee of Selection, or to the General Committee on Railway and referred to Canal Bills as the case may require, and be subject to the Standing Committee of Orders regulating the proceedings upon private bills so far as they are General Comapplicable, provided that when any order or certificate contained in such bill is opposed, the committee to whom such opposed order or any Selection or mittee on Railway and Canal Bills, &c. certificate is referred shall consider all the orders or certificates comprised in such bill. Definitions. Deposit of substituted bill at public departments. Proofs before examiners. No provisions not contained in draft Provisional Order to be inserted in substituted bill. VI.-ORDERS FOR PURPOSES OF THE PRIVATE LEGIS- 250. [H. L. 182.] In the following Orders The expression "the Procedure Act" means the Private Legislation Procedure (Scotland) Act, 1899. The expression "substituted bill" means a bill promoted in lieu of a Provisional Order or part thereof which the Secretary for Scotland has refused to issue. Substituted Bills. 255. [H. L. 187.] Where under the provisions of section 2 of the Procedure Act the Secretary for Scotland has refused to issue a Provisional Order or part thereof, and the petitioners for the Order desire to promote a bill for the same objects as were sought by the draft Provisional Order, or such part, the promoters shall, on or before the seventh day after the notification to them of the refusal of the Secretary for Scotland to issue the Provisional Order or part, deposit a copy of the substituted bill [in the office of the Clerk of the Parliaments and] in every office of a public department or other office in which copies of the draft Provisional Order were, under General Orders, made in pursuance of the Procedure Act, required to be deposited. In the case of petitions for Provisional Orders deposited on or before the seventeenth day of April, which are directed to be proceeded with as bills, the substituted bills may be deposited on or before the ensuing seventeenth day of December, and all notices given, or other proceedings taken, in respect of such petitions and substituted bills, shall be applicable to such bills. 256. [H. L. 188.] In the case of a substituted bill, the service of such notices to opponents as are required by section 2 of the Procedure Act shall be proved before one of the examiners, but where compliance with the corresponding General Order is proved it shall not be necessary to prove compliance with Standing Orders 3 to 68; and the notices published and served, and the deposits made for the Provisional Order, or for such part, shall be held to have been published, served, and made respectively for such bill. 257. [H. L. 189.] Provisions which were contained in a draft Provisional Order may be omitted from the substituted bill, but no provisions shall be inserted in any substituted bill as deposited which were not contained in the draft Provisional Order; and the examiner shall certify whether this Order has or has not been complied with. substituted 258. [H. L. 190.] A copy of every substituted bill brought from Deposit of the House of Lords [Commons] shall, not later than two days after bills brought the bill is read a first time, be deposited at every office at which the from H. C. draft Order was deposited under General Order 33, or would be required to be deposited under that Order, if the draft Order as originally applied for had contained the same provisions as the substituted bill so brought from the House of Lords [Commons]. respecting 259. [H. L. 189A.] All petitions deposited at the office of the Petitions Secretary for Scotland, pursuant to General Orders in favour of or Draft Orders against a draft Provisional Order shall, on transmission from the to apply to office of the Secretary for Scotland, be received as if duly deposited in favour of or against the substituted bill. substituted bills. APPENDIX. [FORM referred to in Orders 11 and 61, pages 386 and 396.] No. (A.) SIR, We beg to inform you, that application is intended to be made to Parliament in the ensuing session for "An Act" [here insert the title of the Act], and that the property mentioned in the annexed schedule, Part I., or some part thereof, in which we understand you are interested as therein stated, will be liable to be taken compulsorily for the purposes of the said undertaking [and that the property mentioned in the annexed schedule, Part II., in which we understand you are interested as therein stated, will be liable to have an improvement charge imposed upon it]. We also beg to inform you, that a plan and section of the said undertaking, with a book of reference thereto, have been or will be deposited with the [several clerks of the peace, or principal sheriff clerks, as the case may be] of the counties of [specify the counties in which the property is situate], on or before the 30th of November, and that copies of so much of the said plan and section as relates to the [parish or other area in accordance with the terms of Standing Order 29, as the case may be] in which your property is situate, with a book of reference thereto, have been or will be deposited for public inspection with the [clerk or other officer in the said Order respectively mentioned, as the case may be], on or before the 30th day of November, on which plan your property is designated by the numbers set forth in the annexed schedule. As we are required to report to Parliament whether you assent to or dissent from the proposed undertaking, or whether you are neuter in respect thereto, you will oblige us by writing your answer of assent, dissent or neutrality in the form left herewith, and returning the same to us with your signature on or before the day of next; and if there should be any error or misdescription in the annexed schedule, we shall feel obliged by your informing us thereof, at your earliest convenience, that we may correct the same without delay. We also beg to inform you that it is intended that the Act shall provide to the effect that, notwithstanding section 92 of The Lands Clauses Consolidation Act, 1845, [or section 90 of The Lands Clauses Consolidation (Scotland) Act, 1845], you may be required to sell and convey a part only of your property, numbered deposited plans. To We are, Sir, Your most obedient Servants, on the Note.-If the application be forwarded by post, the words "Parliamentary Notice" are to be printed or written on the cover. GENERAL ORDERS FOR THE REGULATION OF PROCEEDINGS UNDER AND IN PURSUANCE OF THE PRIVATE LEGISLATION PROCEDURE (SCOTLAND) ACT, 1899 (62 & 63 VICT. c. 47), s. 15. I. AND II. The Two Classes of Provisional Orders, and General Orders, com- (i) Applications for Provisional Orders may be made twice in the (iii) Order 39 is omitted. (iv) Notices under Order 3 are to add that "the subsequent procedure will be by way of Provisional Order, unless it is otherwise decided in terms of the Private Legislation Procedure (Scotland) Act, 1899, in which case the procedure may be by way of private bill, and the notice will, subject to the Standing Orders of Parliament, apply to such bill." S. E E |