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XXVI.

tions.

allegations. Each allegation should specifically allege a Chapter
non-compliance with the standing orders, and should state
the circumstances of such alleged non-compliance, in clear

and accurate language.
Prelimi- When the agent for a memorial rises to address the Ex-
nary objec-

aminer, the agent for the bill may raise preliminary objec-
tions to his being heard upon the memorial, on any of the
grounds referred to in the standing orders, or on account
cf violations of the rules and usage of Parliament, or other
special circumstances. Such objections are distinct from
any subsequent objections to particular allegations. It has
been objected, for example, that a memorial has not been
duly signed, so as to entitle the parties to be heard. No
proof of the signatures, however, is required in any case,
unless there should be some primâ facie reason for doubting
their genuineness. The same rule is applied to the fixing
of a corporate seal. On the 16th February, 1846, an
instruction was given to the committee on petitions for
private bills (the predecessors of the Examiners), not to
hear parties on any petition "which shall not be prepared

in strict conformity with the rules and orders of this
Memorials house."1 And as memorials addressed to the Examiner
subject to
same rules have supplied the place of petitions to the house, com-
as peti plaining of non-compliance with the standing orders, the
tions.

Examiners have applied to them all the parliamentary
rules applicable to petitions ;2 and have otherwise followed

the practice of the committees on petitions for private bills. Prelimin. If no preliminary objection be taken to the general right

ce of the memorialists to appear and be heard, or if it be overallegations, ruled, the agent proceeds to read the first allegation in his

memorial. Preliminary objections can be raised to any
allegation ; as that it alleges no breach of the standing •
orders; that it is uncertain, or not sufficiently specific; or

that the party specially affected has not signed the meParties morial, or has withdrawn his signature. In reference to the affected.

latter grounds of objection, it may be explained that by
numerous decisions of the committees on petitions for bills
1 101 O. J. 147.

? Supra, p. 524.

specially

n

de af aliondinn :

Chapter and of the Examiners, the signatures of parties specially
XXVI.

affected are required in reference to such allegations only
as affect parties personally, and in which the public
generally have no interest. Thus if it be alleged that the
name of any owner, lessee, or occupier of property has
been omitted from the book of reference, or that he has
received no notice, the Examiner will not proceed with the
allegation, unless the party affected has himself signed the
memorial. But in the application of this rule, consider-
able niceties often arise from the peculiar circumstances of
each case.
There are numerous grounds of objection which relate to Objections

on points
matters concerning the public, and do not therefore require affecting
the signatures of parties specially affected. Thus objections the pubi
to the sufficiency of newspaper notices, and objections to the
accuracy of the plans, sections, and books of reference
where the errors alleged are patent upon such documents,
or are separable from questions relating to property in
lands and houses, have always been treated as public
objections. The same principle has been applied to objec-
tions to the estimate, deposit of money, or declaration;
and to allegations that any documents have not been
deposited in compliance with the standing orders. It is
for public information and protection that all requirements
of this character are to be complied with by the promoters of
the bill; and any person is therefore entitled to complain
of non-compliance on behalf of the public, without proving
any special or peculiar interests of his own.

Allegations are to be confined to breaches of the standing Questions orders, and may not raise questions impugning the merits excluded. of the bill, which are afterwards to be investigated by Parliament, and by committees of either house. It may be shown, for example, that an estimate is informal, and not such an estimate as is required by the standing orders: but the insufficiency of the estimate is a question of merits, over which the Examiner has no jurisdiction. Again, in examining the accuracy of the section of a proposed railway, the Examiner will inquire whether the surface of the

of merits

endorsed

to both

ground be correctly shown, or the gradients correctly cal. Chapter

wintnto XXVI. culated: but he cannot entertain objections which relate to the construction of the work, its engineering advantages, its expense, or other similar matters, which will be after

wards considered by the committee on the bill. Decisions The Examiner decides upon each allegation, explaining to of the Exners? parties, whenever it is necessary, the grounds of his decision;

and he certifies by endorsement on each petition whether on the petitions, the standing orders have or have not been complied with. and communicated The petitions, when endorsed, are returned to, and retained

in, the Private Bill Office of the House of Commons.
houses.
S. 0. 71,. When Parliament has met, the decisions of the Examiners
77 (H.C.);
76 (H. Ž.3. upon the petitions for private bills are communicated to

I both Houses in the following form. In every case of non-
compliance, the Examiner certifies his decision to the House
of Lords, and reports it to the House of Commons. He
also certifies his decision to the House of Lords in every
case where he has found that the standing orders have
been complied with. But to the House of Commons, in
cases of compliance, he only reports his decision with
regard to those bills that originate in the Lords; as, in
the case of bills originating in the Commons upon which
the standing orders have been complied with, his endorse-
ment to this effect upon the petitions for these bills is
taken as being his report to that house. In every case
where he has decided that the standing orders have not
been complied with, the Examiner must also certify to the
Lords, and report to the Commons, the facts upon which
his decision is founded, and any special circumstances

connected with the case.
Special Under standing orders in both houses-
report from
Examiners, “ in case the Examiner shall feel doubts as to the due construction of
94 (H. C.); any stanuing oras

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s. any standing order in its application to a particular case, he shall 78, 84 m ake a special report of the facts, without deciding whether the (H. L.), standing order has, or has not, been complied with ;"

1 In practice the Examiner also appends to this report & list of those Lords' bills with regard to which he has certified to the Lords

that the standing orders have not been complied with. Cf. e.g. Has. tings Tramways 1905 (160 C. J. 16), &c.

Chapter and this report is referred to the Standing Orders
XXVI.

_ Committee.

The preliminary proceedings before the Examiner having been summarized, the manner of determining in which house each private bill shall be first introduced must also be described.

In accordance with standing order No. 79 of the House Manner of of Commons, the Chairman of Ways and Means, or the ing

determinCounsel to Mr. Speaker, on or before the 28th January, which

Dual Y , house a in each year, seeks a conference with the Chairman of private.

bill shall Committees of the House of Lords, or with his Counsel, originate. for the purpose of determining in which house the respective private bills shall be first considered. The examination of all private bills by these anthorities, however, may be said to commence at an even earlier date -as soon as the bills are deposited in December. And throughout their subsequent stages in both houses, all private bills are under the supervision of the Lords' Chairman and the Chairman of Ways and Means. This supervision of private bills by responsible officers General

supervision originated in the Lords, but it will be convenient to advert of our to it generally at this point.

private

bills (a) by The office of Chairman of Committees in the Lords was the Lords

Chairman first constituted in 1800, when the house resolved that and his it would, “at the commencement of every session, proceed

Counsel; to nominate a Chairman of Committees of this house." 8 And according to a further resolution, which was passed

i Great Grimsby Street Tram. ways Bill, 1900. A special report from the Examiner regarding this bill, proposed to originate in the Lords, was sent in to that house together with the Examiner's certificate on the bill (15th Feb.), and stood referred to the standing orders committee there, in accordance with standing orders 78 and 84 (House of Lords). In the Commons the report was laid on the table and referred to the standing orders committee in that house (26th Feb.). In this case both com

mittees reported (Lords, 5th March; Commons, 13th March) that the standing orders had been complied with, 132 L. J. 36. 70; 155 C. J. 64-5. 95. Cf. also infra, p. 717, note 1. For standing orders committees see pp. 716-7 (House of Commons) and p. 841 (House of Lords).

? This power having been delegated to the Chairmen of Com. mittees, their decision as to the house in which a bill shall originate is final (Mr. Speaker's ruling, 6th Feb., 1900, 78 Parl. Deb. 4 s. 695).

3 42 L. J. 636.

at the same time, and is now embodied in No. XLI. of Chapter the Lords’ standing orders, the lord so nominated "shall** take the chair in all committees upon private bills unless where it shall have been otherwise directed by this house.” 1 So far as they are conferred upon him by this and other standing orders, the power and duties of the Lords' Chairman in regard to private bills will be noticed in due course. The practical character which his supervision of all private bills has acquired, however, is rather attributable, in part to the fact that it was exercised for fifty years before the House of Commons, in 1851, adopted a similar system-in part, also, to the duty, which in practice rests primarily with the Lords' Chairman, of moving the several stages of private bills in that House. When he moves the second or third reading of a bill, his action is an assurance to the house that in his opinion there is no objection to the passing of that particular stage. If he entertains such an objection, the stage is moved by another lord, the Chairman stating his objection in the course of debate before the sense of the house is taken.

To facilitate his examination of private bills, copies are supplied to the Lords' Chairman and his Counsel,5 upon its first deposit, of every private bill proposed to be introduced into either house. Copies are again supplied to them of the bill, in its "filled-up" form 6 as proposed by the promoters to be submitted to a Committee, and at every other stage upon which it is amended, or proposed to be amended, in either house.

1 As to the appointment of other lection of model clauses and prepeers to take the place of the chair- cedents, by which the work of the man during his absence through office of Chairman of Committees illness, see supra, pp. 380. 381, and is materially aided, see supra, p. infra, p. 850.

694. : Cf. infra Chapter XXVIII.

s This officer was first appointed 3 Moreover, if any lord opposes very shortly after the office of Chairthe second or third reading of a man of Committees was constituted private bill, the stage is moved by in 1800, and he became a permanent another lord-not by the Chairman, salaried officer of the house in 1808, who is thus left free to express his 46 L. J. 792. opinion in debate. Cf. 153 Parl. Cf. infra, p. 754, and s. 0. (H. Deb. 4 s. 1053.

L.) 140B. • As to the “ Model Bill," or col.

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