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Chapter the 17th December, in the Private Bill Office of the House

XXVI

L_ 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.1 Each petition is numbered accord-
ing 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
and complying with other preliminary conditions, parties ing of non-
interested are enabled to judge whether the standing orders '""P1'81106,
of the two houses have been complied with. If it should
appear to them that the promoters have neglected to com-
ply with any of these orders, parties may prepare memorials,
addressed to the Examiners, complaining of such non-
compliance. 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;

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-
determining the order in which mons), and cf. rules appended to the
they will be heard by the Examiner; Lords' standing orders.

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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

(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. . . . ,

8. o. 96, necessary to deposit a petition, praying that the petition

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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

XXVI.

stances 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;1 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
appears before the Examiner with a "statement of proofs," ofl>roofs-
showing all the requirements of the standing orders, appli-
cable 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 stand-
ing orders, the agents for the memorialists are required to Appear-
enter their appearances 2 upon each memorial, at this time, memorials
in order to entitle them to be subsequently heard. In theentered-
mean time the " formal proofs," as they are termed, proceed Formal
generally in the same manner, both in opposed and un- i"oof!>-
opposed 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; 3 and
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—

"may admit affidavits in proof of the compliance with the standing Proof by
orders, or may require further evidence; and such affidavits shall be ^^"I'j.'
sworn, if in England or in Ireland, before a justice of the peace, or jj ^ \
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. 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.
memorial. This appearance is

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(Plice- 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

XXVI.

1 Wandle Water and Sewerage, Extension) 1866, 121 ib. 114. 127.
1853, 108 C. J. 257; Bristol and * Infra, pp. 724. 842-4.
North Somerset Railway (Southern

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
compliance, in the case of petitions for bills numbered in
the General List, have already been stated; and in the
case of any petitions for bills which may be deposited by
leave of the house after the 17th December, standing
order No. 280 of the House of Commons provides that—

"such memorials shall be deposited three clear days before the day
first appointed for the examination of the petition."

Under standing order No. 281 of the House of Commons— «s. o. 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,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).

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