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Chapter the 17th December, in the Private Bill Office of the House
of Commons, and printed copies of the bills have been
“If the same relate to petitions for bills numbered in the general
L, 23.” 2
1 Regulations made by Mr. Speaker for the deposit of petitions in the Private Bill Office and for determining the order in which they will be heard by the Examiner;
and S. O. Nos. 69 and 229 (House of Commons).
? S. 0. No. 230 (House of Com. mons), and cf, rules appended to the Lords' standing orders.
the E ners.
Memorials complaining of non-compliance are prepared Chapter in the same form, and are subject to the same general rules, as petitions to the house (see p. 524), as well as to other special rules, which will be noticed immediately
(pp. 700–702). Sittings of | The public sittings of the Examiners commence on the
"118th January, being about a fortnight before the usual 8. 0. 69, time for the meeting of Parliament; and the petitions for (70 H. L).'
bills are set down for hearing in the order in which they Notice of stand in the General List. One of the Examiners is reexamina
quired to give at least seven days' notice, in the Private
examination of each petition.
Ex. before each of the Examiners according to their order in aminers. the general list of petitions for bills ; but to expedite the Opposed and un examination of the unopposed petitions for bills, the cases
1 set down are divided, in this daily list, into “unopposed” for bills dis
$ and “opposed” petitions, the former being placed first on tinguished. each day. By this arrangement all the cases are appointed
to be heard according to their order in the General List:
opposed cases, which often occupy a considerable time. Petitions In case the promoters shall not appear at the time when
their petition comes on to be heard, the Examiner is S. 0. 70
required to strike the petition off the general list of (H. C.).
petitions. The petition cannot afterwards be reinserted
on the list, except by order of the house; and should the How to be promoters desire to proceed with the bill, it will be reinserted.
. O. 96," necessary to deposit a petition, praying that the petition 200 (H.C.).
1 Standing order 70 (House of that is to say, on the day after the Commons). Practically a longer memorials relating to the first hunnotice than this is given in the case dred petitions have been deposited of those petitions (the second and the Examiners, for the conthird hundred on the list) respect- venience of all parties concerned, ing which memorials are deposited intimate when they will take the on or before the 16th or 23rd remaining petitions. January; as on the 10th January
struck off the list.
Chapter for the bill may be reinserted, and explaining the circum
stances under which it had been struck off. This petition
When the case is called on, the agent soliciting the bill Statement
“may admit affidavits in proof of the compliance with the standing Proof by orders, or may require further evidence; and such affidavits shall be at
rits shoulhe affidavit.
8. 0. 76 sworn, if in England or in Ireland, before a justice of the peace, or Tizi ). a commissioner for oaths; and if in Scotland, before any sheriff depute or his substitute, or a justice of the peace.”
1 129 C. J. 73.
? The appearance is a paper, which is previously obtained from the Private Bill Office, certifying that the agent has entered himself at that office as agent for the memorial. This appearance is
given to the clerk to the Examiners
3 One fair copy of such statement
Unopposed In an unopposed case, if the standing orders have, or have Chapter
not, been complied with, the Examiner can at once give his
decision and endorse the petition for the bill accordingly. Opposed
In an opposed case, when the formal proofs have been completed, the examiner proceeds to hear the memorialists. The agents for the latter ordinarily take no part in the proceedings upon the formal proofs : but if they desire that any of the promoters' witnesses, who have proved the deposit of documents, the service of notices, or other matters, should be detained for further examination, in reference to allegations of error, contained in the memorials, the examiner directs them to be in attendance until their
evidence shall be required.
parties themselves : but if the examiner should report to
an order accordingly."
that the matter complained of be specifically stated in such
been duly deposited. In the case of certain bills which are S. 0. 75 referred to the Examiners under the “Wharncliffe" standH. L.): "* ing orders (Nos. 62–66) of both houses, any proprietor,
shareholder, or member of or in any company, society,
1 Wandle Water and Sewerage, 1853, 108 C. J. 257; Bristol and North Somerset Railway (Southern
Extension) 1866, 121 ib. 114. 127.
? Infra, pp. 724. 842-4.
Chapter standing orders, shall be permitted to be heard by the
Examiner on the compliance with such standing order,
“such memorials shall be deposited three clear days before the day
Under standing order No.231 of the House of Commons- 8. 0. 231
(H, C.). “All memorials shall be deposited in the Private Bill Office before six of the clock in the evening of any day on which the house shall sit, and between eleven and one of the clock on any day on which the house shall not sit; and two copies of every such memorial shall be deposited for the use of the Examiners, before twelve of the clock on the following day."
In the Lords, the time within which memorials are to be deposited in the case of bills numbered in the General List is not prescribed by the standing orders of that house : but the Examiners require parties to conform substantially with the orders of the Commons, it being indispensable that memorials should be heard, on behalf of both houses, at the same time. The time for depositing memorials com- S. 0.232
(H. C.); plaining of non-compliance is prescribed in both houses, 75 (H. L.) however, in the case of petitions for additional provision, and in either house in certain other cases.3 Unless the matters complained of be specifically stated in Specific
statements the memorial, the memorialists are not entitled to be heard, of non
compliance. and the utmost care is consequently required in drawing memorials. When a memorial complains of more than one breach of the standing orders, it is divided into distinct
i Cf. the rules appended to the in the Lords (S. 0. (H. L.) 75); standing orders of the Lords.
and, in the Commons, in the case of · Cf, infra, pp. 725 and 841. bills brought from the Lords or
3 Viz. in the case of bills referred introduced in lieu of others with. to the Examiners after first reading drawn (S. O. (H. C.) 232).