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allegations. Each allegation should specifically allege a Chapter
and accurate language.
aminer, the agent for the bill may raise preliminary objec-
in strict conformity with the rules and orders of this
Examiners have applied to them all the parliamentary
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
that the party specially affected has not signed the meParties morial, or has withdrawn his signature.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
? Supra, p. 524.
de af aliondinn :
Chapter and of the Examiners, the signatures of parties specially
affected are required in reference to such allegations only
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
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.
I both Houses in the following form. In every case of non-
connected with the case.
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
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.
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.