Preliminary objections to allegations. Parties specially affected. Public objec tions. the parliamentary rules applicable to petitions; and have otherwise followed the practice of the sub-committees on petitions for private bills. If no preliminary objection be taken to the general right of the memorialists to appear and be heard, or if it be over-ruled, the agent proceeds to read the first allegation in his memorial. Preliminary objections may be raised to any allegation; as that it alleges no breach of the standing orders; that it is uncertain, or not sufficiently specific, or that the party specially affected has not signed the memorial, or has withdrawn his signature. In reference to the latter grounds of objection it may be explained that by numerous decisions of sub-committees and of the examiners, the signatures of parties specially affected are required in reference to such allegations only as affect parties personally, and in which the public generally have no interest. Thus if it be alleged that the name of any owner, lessee or occupier of property has been omitted from the book of reference, or that he has received no notice, the examiner will not proceed with the allegation, unless the party affected has himself signed the memorial. But in the application of this rule, considerable niceties often arise from the peculiar circumstances of each case. There are numerous grounds of objection which relate to matters affecting the public, and do not therefore require the signatures of parties specially affected. Thus objections to the sufficiency of newspaper notices; to the accuracy of the plans, sections, and books of reference, where the errors alleged are patent upon such documents, or are separable from questions relating to property lands and houses, have always been treated as public objections. The same principle has been applied to objec tions to the estimate, deposit of money, or declaration; and to allegations that any documents have not been deposited in compliance with the standing orders. It is for public information and protection that all requirements Questions of merits ex Allegations are to be confined to breaches of the stand- report and The examiner decides upon each allegation, and, when- Decision and ever it is necessary, explains the grounds of his decision. certificate of When all the memorials have been disposed of, he endorses the examiner. the petition, and if the standing orders have not been complied with, he makes a report to one house, and a certificate to the other, as already stated. In case he should feel doubts as to the due construction of any standing order, in its application to a particular case, he may make a special report of the facts to both houses, without deciding whether the standing order has been complied with or not. When the petition has been endorsed by the examiner, Petition to be it is returned to the agent for the bill, who is to arrange the Commons. for its presentation to the House of Commons by a member. All the proceedings preliminary to the application to presented to Bills suspended a private bill in the House of Commons is reserved for the next chapter. Where a dissolution of Parliament is anticipated before with in another the private business of the session has been disposed of, it and proceeded session. has been customary to make orders, enabling the promoters of private bills to suspend further proceedings, and to afford facilities for proceeding with the same bills, without repeating proofs of compliance with standing orders, or other unnecessary formalities, in the next ses sion. The orders made in 1848, for this purpose, were peculiarly simple and effectual, and will probably be followed on similar occasions, to the exclusion of earlier precedents.1 Progress of private bills in CHAPTER XXVI. COURSE OF PROCEEDINGS UPON PRIVATE BILLS INTRODUCED THE further progress of a private bill through the House the Commons. of Commons will now be followed, step by step, precisely in the order in which particular rules are to be observed by the parties, or enforced by the house or its officers But this statement of the various forms of procedure may be introduced by a few observations explanatory of the general conduct of private business in the House of Com Parliamentary agents. mons. an I. Every private bill or petition is solicited by agent, upon whom various duties and responsibilities imposed by the orders of the house. The rules laid down are 1 112 Com. J. 96. 1 by the speaker, by authority of the house, in 1837, are to the following effect: 1. 66 Every agent conducting proceedings in Parliament before the Personally House of Commons, shall be personally responsible to the house and responsible. to the speaker for the observance of the rules, orders, and practice of Parliament, and rules prescribed by the speaker, and also for the payment of all fees and charges." 2. "No person shall be allowed to act as an agent, until he has Declaration subscribed a declaration before one of the clerks in the Private Bill and registry. Office, engaging to observe and obey all the rules of the house, and to pay all fees and charges when demanded. [He shall also enter into a recognizance (if hereafter required) in 500 l., conditioned to observe this declaration.] He shall then be registered in a book to be kept in the Private Bill Office, and shall be entitled to act as a parliamentary agent, without the payment of any fee upon the declaration, bond, or registry." 1 3. "The declaration, &c. shall be in such form as the speaker may Form. from time to time direct." be entered upon bills. 4. "No notice shall be received in the Private Bill Office, for Appearance to any proceeding upon a petition for a bill, or upon a bill brought from the Lords (after such bill has been read a first time), until an appearance to act as the parliamentary agent upon the same, shall have been entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor (if any) for such petition or bill.” against bills. 5. "That before any party shall be allowed to appear or be heard Appearance on upon any petition against a bill, an appearance to act as the agent petitions upon the same shall be entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor and of the counsel who appear in support of any such petition (if any be then engaged), and a certificate of such appearance shall be delivered to the parliamentary agent, to be produced to the committee clerk." 6. "In case the agent for any petition or bill shall be displaced by the solicitor, or shall decline to act, his responsibility shall cease upon a notice being given in the Private Bill Office; and a fresh appearance shall be entered upon such petition or bill." 7. "Any agent who shall wilfully act in violation of the rules and practice of Parliament, or any rules to be prescribed by the speaker, or who shall wilfully misconduct himself in prosecuting any proceedings before Parliament, shall be liable to an absolute or temporary prohibition to practise as a parliamentary agent, at But this recognizance has not been required. A fresh ap; earance on change of agent. Speaker may prohibit an agent from practising. Violation of standing orders, &c. Registry of agents. Members may not be agents. the house. the pleasure of the speaker; provided that upon the application of such agent, the speaker shall state in writing the grounds for such prohibition." And by a speaker's order of the 25th April 1845: "Every parliamentary agent and solicitor will be considered per sonally responsible for any wilful violation of the sessional orders or standing orders of the house of which he shall be guilty, in like manner and to the same extent as he has been, heretofore, responsible for any violation of the rules, orders, and practice of Parliament." The name, description and place of residence of the parliamentary agent in town, and of the agent in the country (if any) soliciting a bill, are entered in the "private bill register," in the Private Bill Office, which is open to public inspection. Besides these regulations, there are certain disqualifications for parliamentary agency. It was declared by a resolution of the house, 26th February 1830, nem. con., "That it is contrary to the law and usage of Parliament, that any member of this house should be permitted to engage, either by himself or any partner, in the management of private bills, before this or the other house of Parliament, for pecuniary reward." Nor officers of And in compliance with the recommendation of a select committee on the House of Commons offices in 1835, no officer or clerk belonging to the establishment is allowed to transact private business before the house, for his emolument or advantage, either directly or indirectly.3 Notices of private business, how given. Hours for giving notices. II. It has been stated elsewhere, that the public business for each day is set down in the Order Book, either as notices of motions, or orders of the day; but the notices in relation to private business are not given by a member, nor entered in the Order Book, except in the case of any special proceeding; but are required to be delivered at the Private Bill Office, at specified times, by the agents soliciting the bills. These notices will each be described in their proper 'Parl. Paper, No. 88, of 1837. 285 Com. J. 107. Parl. Rep. No. 648, of 1833, p. 9; No. C06, of 1835, pp. 17. 19. |
