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Chapter the 17th December, in the Private Bill Office of the House
L_ of Commons, and printed copies of the bills have been
deposited, on or before the same date, in the Parliament
When the time has expired for depositing documents Memorials
"If the same relate to petitions for bills numbered in the general list of petitions;
1 Regulations made by Mr. and S. O. Nos. 69 and 229 (House
Speaker for the deposit of petitions of Commons).
in the Private Bill Office and for * S. 0. No. 280 (House of Corn-
Memorials complaining of non-compliance are prepared 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).
sitting! of The public sittings of the Examiners commence on the nersE*am' 18th January, being about a fortnight before the usual s. o. 69. time for the meeting of Parliament; and the petitions for (70 . .. ^ ^ down for hearing in the order in which they Notice of stand in the General List. One of the Examiners is retfoT'na quired to give at least seven days' notice, in the Private Bill Office of the Commons, of the day appointed for the examination of each petition.1 Daily lists Daily lists are issued of the cases set down for hearing before"*- before each of the Examiners according to their order in Opposed 6eneral list of petitions for bills; but to expedite the
nnd un- examination of the unopposed petitions for bills, the cases petitions set down are divided, in this daily list, into "unopposed" forbiiis an(j "opposed" petitions, the former being placed first on tinguished. ea,ch day. By this arrangement all the cases are appointed to be heard according to their order in the General List: but by precedence being given, on each day, to the unopposed petitions, the numerous agents and witnesses are relieved from attendance during the subsequent hearing of opposed cases, which often occupy a considerable time. Petitions In case the promoters shall not appear at the time when theU?^t!ff their petition comes on to be heard, the Examiner is required to strike the petition off the general list of
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. . . . ,
8. o. 96, necessary to deposit a petition, praying that the petition
1 Standing order 70 (House of that is to say, on the day after the Commons). Practically a longer memorials relating to the first hunnotico 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—
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
1 129 C. J. 78. given to the clerk to the Examiners
2 The appearanco is a paper, (see also infra, p. 710).
which is previously obtained from 3 One lair oopyol such statement
the Private Bill Office, certifying is required for tho Examiner, and
that the agent has entered himself another for the clerk to the Ex
at that office as agent for the aminers.
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 hill 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. Attendance The attendance of witnesses is ordinarily secured by the nesses. parties themselves: but if the examiner should report to the house that the attendance of any necessary witness, or the production of any document, cannot be procured without the intervention of the house, the house will make an order accordingly.1 Memorials Any parties are entitled to appear and to be heard, by ing'of non- themselves, their agents and witnesses, upon a memorial, TMra(Pli*°ce- addressed to the Examiner and duly deposited, complain(H.c.); 73ing of non-compliance with the standing orders, provided (H. L.). jj^t matter complained of be specifically stated in such memorial, that the party (if any) who may be specially affected by the non-compliance with the standing orders shall have signed such memorial and shall not have withdrawn his signature thereto, and that such memorial have been duly deposited. In the case of certain bills which are s. o. 75 referred to the Examiners under the "Wharncliffe " stand
(H C ^ * 74
(H. L,.). i°g orders (Nos. 62-66) of both houses,2 any proprietor, shareholder, or member of or in any company, society, association, or co-partnership, who shall by himself, or any person authorized to act for him in that behalf, have dissented at any meeting called in pursuance of these
1 Wandle Water and Sewerage, Extension) 1866, 121 ib. 114. 127.
Chapter standing orders, shall be permitted to be heard by the XXYI- Examiner on the compliance with such standing order, by himself, his agents and witnesses, upon a memorial, addressed to the Examiner, and duly deposited.
The dates for depositing memorials complaining of non- & 0. 230
"such memorials shall be deposited three clear days before the day
Under standing order No. 281 of the House of Commons— «s. o. 231
"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,1 it being indispensable that memorials should be heard, on behalf of both houses, at the same time. The time for depositing memorials com- s- °- 232 plaining of non-compliance is prescribed in both houses, 75 (h?l.) however, in the case of petitions for additional provision,2 and in either house in certain other cases.8
Unless the matters complained of be specifically stated in sPecific the memorial, the memorialists are not entitled to be heard, ofnon; and the utmost care is consequently required in drawingcomph;mcc memorials. When a memorial complains of more than one breach of the standing orders, it is divided into distinct
1 Cf. thn rules appended to the in the Lords (S. O. (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
'Viz. in the case of bills referred introduced in lieu of others with
to the Examiners after first reading drawn (S. 0. (H. C.) 232).