called to the subject by the following special report from the sub-committee to whom the Exeter, Yeovil, and Dorchester Railway petition had been referred. The official records of the House

state :

"Mr. Strutt reported from the select committee on petitions for private bills, to whom several petitions complaining of non-compliance with the Standing Orders in the case of the petition for the Exeter, Yeovil, and Dorchester railway bill were referred, That it appeared that the said petitions 'had not the name or short title by which such bill is entered in the votes written at the beginning thereof, nor was it there stated whether such petitions were in favour or against the bill, or relating to the non-compliance with the Standing Orders,' as required by Standing Order, No. 111 a.

"That the said Standing Order, No. 111 a. is not one of the Standing Orders relating specially to the duties of the select committee on petitions for private bills, but is one of those relating to the practice of the House; but as the attention of the committee has been called to the point in question by the petition of Edward Woolmer, which has been specially referred to this committee, the committee consider it their duty to submit the point for the consideration of the House."

The House consequently, a few days after (Feb. 16, 1846), adopted the following resolution:

"That it be an instruction to the select committee on petitions for private bills, and to all committees upon private bills, not to hear parties on any petition hereafter referred to them, which shall not be prepared and signed in strict conformity with the rules and orders of this House."

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Mention having been made above of the attendance of witnesses, the following directions may be appropriately introduced in this place :

Summoning of Witnesses.

The practice with regard to the summoning of witnesses before committees on petitions has been altered during the present session. On the first day of the sub-committee, No. 1, assembling (Feb. 4, 1846), the chairman announced that (in order to prevent the inconvenience which had resulted from the indiscriminate issue of summonses last year) parties wishing to obtain a summons would have to apply to the sub-committee, who would issue it only upon having the following points satisfactorily proved to them. 1st. That the evidence was really and necessarily material. 2nd. That the party had been applied to, and had refused to attend without a summons. 3rd. That the same evidence could not be obtained from any other quarter. In no case would a summons be issued, except on proof to the committee of those points, it being always understood that clerks of the peace, public officers, and parties bringing documents, plans, and sections, should have summonses issued to them as usual.

(It may here be mentioned that committees on private bills have no power of compelling witnesses to appear, or to produce papers and

records. The House, however, will generally issue the necessary order, upon a special report being made that any particular evidence is required but is not forthcoming.)

Proceedings of Sub-Committees.

Witnesses are never sworn who have to give evidence before committees of the House of Commons on private bills. They are, however, sworn at the bar of the upper House of Parliament, as the judges themselves are supposed to be always present in that House.

Where the application is for a private bill relating to England, the committee may admit proof of the compliance with the Standing Orders which refer to the affixing to the church doors the requisite notices, on the production of affidavits sworn before any justice in petty sessions assembled, for the division within which the church on which the notices have been affixed shall be situate. (H. C. 10.)

Where the application is for a private bill relating to Scotland or Ireland, the committee may admit proof of the compliance with the Standing Orders on the production of affidavits sworn before any sheriff depute or his substitute in Scotland, or before any judge or assistant barrister in Ireland whose certificate shall be admitted as evidence of such proof having been made, unless the com

mittee should require further evidence to be adduced. (H. C. 11 & 12.)

Where the sub-committee on any petition for a bill shall report to the House that the Standing Orders have not been complied with, they have to report the facts upon which their decision is founded, and any special circumstances connected with the case that they may think it desirable the House should be acquainted with. (H. C. 13.)

In the case of any railway bill that was ordered to be engrossed in the session of 1845, the House has directed that, " upon any petition for leave to bring in a railway bill which shall be presented to the House during the session of 1846, and referred to the committee on petitions, the committee do examine whether the said petition be the same in substance as any petition for the same purpose and from the same parties, which was presented in the session of 1845; and in that case, whether any bill brought into the House in pursuance of such petition in the session of 1845, was pending in either House of Parliament on the termination of such session; and if so, whether a subscription contract, as required by the Standing Orders, binding in the usual way the subscribers to the undertaking has been entered into and is valid at the time of such inquiry, and whether the deposit of 5l. per cent. upon such subscription is lodged in the manner required by the Standing Orders." (H. C. 436.)

In such case, and on proof of such notice having been given as aforesaid, and in case it should appear that such bill had, at the end of the session of 1845, been pending in the House of Lords, or, if pending in the House of Commons, had been ordered to be engrossed, the Standing Orders with respect to any such bill are held to be complied with. (H. C. 43.)

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[For Paper of Proofs," see Notes to this Chapter.]

Standing Orders Committee.

The Standing Orders Committee, appointed by the House of Commons, is superior in its character as a tribunal to the sub-committee on petitions. To this Standing Orders Committee the reports from the latter, to the effect that the Standing Orders have not been complied with, are referred, (H. C. 105,) and they have to determine whether those Orders that have not been complied with ought to prevent the progress of the bill. If they are of a material and important nature, the departure from the rules laid down by the House is fatal to the bill; but in minor points the committee usually regards the errors leniently, and the parties are ultimately permitted to proceed with their measure. This committee accordingly has to report whether the parties ought to be allowed to proceed with their bill or any portion thereof, and under what (if any) conditions. (H. C. 46; H. L. 219, sec. 6.) [Note.]

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