XXVI. Chapter the 17th December, in the Private Bill Office of the House of Commons, and printed copies of the bills have been deposited, on or before the same date, in the Parliament Office of the House of Lords, "The General List of Petitions for Bills" is prepared. The regulations in accordance with which this list is made out give every facility to the promoters of a bill to select for themselves whatever position may be most convenient. If they secure an early number on the list, their petition will be heard by the Examiners shortly after the commencement of their sittings. If, on the other hand, they desire their case to be heard at a later period, they may place their petition lower down in the list. Each petition is numbered according to its place in the list; and as the examination for both houses is conducted at the same time, the order in which the cases are heard for the Lords is determined by this General List, which is prescribed by the Commons only. When the time has expired for depositing documents Memorials complainand complying with other preliminary conditions, parties ing of noninterested are enabled to judge whether the standing orders compliance. of the two houses have been complied with. If it should appear to them that the promoters have neglected to comply with any of these orders, parties may prepare memorials, addressed to the Examiners, complaining of such noncompliance. These memorials are to be deposited in the Private Bill Office of the House of Commons, according to the position of the petition for the bill to which they relate, in the general list. "If the same relate to petitions for bills numbered in the general list of petitions; Sittings of the Examiners. S. 0.69, (70 H. L). Notice of examination. Daily lists of cases before Examiners. Opposed and un XXVI. 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). The public sittings of the Examiners commence on the 18th January, being about a fortnight before the usual time for the meeting of Parliament; and the petitions for bills are set down for hearing in the order in which they stand in the General List. One of the Examiners is required 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 are issued of the cases set down for hearing before each of the Examiners according to their order in the general list of petitions for bills; but to expedite the examination of the unopposed petitions for bills, the cases set down are divided, in this daily list, into "unopposed" for bills and "opposed" petitions, the former being placed first on tinguished. each day. By this arrangement all the cases are appointed opposed petitions dis Petitions struck off the list. (H. C.). to be heard according to their order in the General List: 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 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 S. O. 96, necessary to deposit a petition, praying that the petition reinserted. 200 (H.C.). 1 Standing order 70 (House of Commons). Practically a longer notice than this is given in the case of those petitions (the second and third hundred on the list) respecting which memorials are deposited on or before the 16th or 23rd January; as on the 10th January that is to say, on the day after the XXVI. Chapter for the bill may be reinserted, and explaining the circumstances under which it had been struck off. This petition will stand referred to the standing orders committee, who will determine, upon the statement of the parties, whether the promoters have forfeited the right to proceed or not, and will report to the house accordingly; and if by the order of the house the petition for the bill should be reinserted in the general list, the usual notice will be given by the Examiner, and the case will be heard at the appointed time. When the case is called on, the agent soliciting the bill Statement of proofs. appears before the Examiner with a "statement of proofs," showing all the requirements of the standing orders, applicable to the bill, which have been complied with, and the name of every witness, opposite each proof, who is to prove the matters stated therein. If the bill be opposed on standing orders, the agents for the memorialists are required to Appearenter their appearances 2 upon each memorial, at this time, memorials in order to entitle them to be subsequently heard. In the entered. mean time the " formal proofs," as they are termed, proceed Formal proofs. generally in the same manner, both in opposed and unopposed cases. Each witness is examined by the agent, and produces all affidavits and other necessary proofs, in the order in which they are set down in the statement; in addition to the proofs comprised in the statement, the examiner requires such other explanations as he may think fit, to satisfy him that all the orders of the house have been complied with. Under the standing orders of both houses, the Examiner 66 and ances on affidavit. S. O. 76 'may admit affidavits in proof of the compliance with the standing Proof by 1 129 C. J. 73. 2 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 (77 H. L.). Unopposed cases. Opposed cases. of wit nesses. XXVI. 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. 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 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 complaining of non Any parties are entitled to appear and to be heard, by themselves, their agents and witnesses, upon a memorial, compliance. addressed to the Examiner and duly deposited, complain(H. C.); 73 ing of non-compliance with the standing orders, provided (H. L.). S. O. 74 S. O. 75 (H. C.): 74 (H. L.). that the matter complained of be specifically stated in such 1 Wandle Water and Sewerage, 1853, 108 C. J. 257; Bristol and North Somerset Railway (Southern Extension) 1866, 121 ib. 114. 127. Chapter standing orders, shall be permitted to be heard by the by himself, his agents and witnesses, upon a memorial, The dates for depositing memorials complaining of non- S. O. 230 "such memorials shall be deposited three clear days before the day Under standing order No. 231 of the House of Commons- s. 0. 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, it being indispensable that memorials should be heard, on behalf of both houses, at the same time. The time for depositing memorials com- S. O. 232 (H. C.); 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.3 statements Unless the matters complained of be specifically stated in Specific the memorial, the memorialists are not entitled to be heard, of noncompliance. 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 1 Cf. the rules appended to the Cf. infra, pp. 725 and 841. in the Lords (S. O. (H. L.) 75); |