8

sented, truly stating the case; at the peril of the parties preferring the same: And that such petition shall be signed by the parties who are suitors for such bill."

"On 24th November 1699-Ordered, that

no private bill be brought into this House, but upon a petition, setting forth the suggestions and reasons for the same. On the 15th February 1700, this is declared to be a standing order: And is repeated on the 18th. January 1708."- (Not extended to Ireland.)

In compliance with the above standing rules, in order to introduce a bill to either House, a petition, truly stating the case, and if to the Lords,

"14th November 1689-Resolved, that all petitions presented to the House ought to be signed by the petitioners with their own hands, by their names or marks.” "2d June 1774-Resolved, that it is highly unwarrantable, and a breach of the privilege of this House, for any person to set the name of any other person to any petition to be presented to this House."

See C. J. 12th May 1628; 6th April 1714; 19th October 1722; 3d March 1729; 2d April 1735; 15th February 1750. See also 31st C. J. 558, a committee is di rected to inquire, whether an erasure in the prayer of a petition was made previous or subsequent to the signing thereof. See orders of the House, relating to applications for public money, 15th C. J. 211, 367; 17 v. 417; 18 v. 23; 22 v. 601; 26 v. 384; 34 v. 561, and post.

signed by all parties that are concerned in the consequences of the bill; and if to the Commons, signed by the parties' who are suitors for the bill; must be presented to the House by a Peer or a member', for leave to bring in the billt: And in several cases, which will be noticed hereafter, before a petition can be presented to the House of Commons with effect, public notice is required to be given to all parties concerned, of the intended application to Parliament.

When a petition relating to crown lands is to be offered to the House, it must come recommended by his Majesty, before it can be received; and the Chancellor of the Exchequer, or some other member appointed by his Majesty, will signify, "that his Majesty having been informed of the contents of the petition, gives his consent thereto, and recommends it to the consideration

No person who signs the petition will be an admissible evidence in favour of the bill; therefore the petition should not be signed by any persons whose testimony may be necessary to support it.

* See 10th C.J. 740, resolutions of the House, as to the form in which petitions and bills shall be presented by members.

Bills for reversing attainders or outlawries, are presented to the House with the King's allowance written in the margin, without any previous petition for that purpose. See Lord Russell's and Algernoone Sidney's bills, mentioned ante. The proceedings peculiar to applications for public money, and for navigation bills, will be noticed in the subsequent chapters, post.

of

of the House." Petitions of this sort are referred to a committee of the whole House".

Another thing to be attended to, is the time within which the petition should be presented. At the opening of almost every session, a day is fixed by the House of Commons, after which it will not receive any petition for a private bill, but if, from any particular circumstance, or unavoidable accident, such petition has not been offered within the limited time, a petition, stating the particular reasons why it has not been so offered, and likewise stating the substance of the petition intended to be presented, may be preferred to the House, requesting leave still to present it, though beyond the time limited. Petitions to be heard against a bill, may be presented in any stage of the bill, though the time limited. for receiving petitions to bring in private bills, be expired. When founded on facts, that in their nature may be disputed, a petition is, at the Lords, referred to two of the judges; (unless it concern lands or heritable subjects in Scotland, and then to the Lord President of the Court of Session in Scotland, the Lord Justice Clerk, and the Chief Baron of the Court of Exchequer in Scotland, o two of them; or unless it concern estates in land, situated in that part of the united kingdom of

See standing order, 15 C. J. 367; 29 C. J. 758, 533; 30 v. 668; 31 v. 82; 32 v. 694; 33 V. 43, 517, 532, 542. Great

Great Britain and Ireland called Ireland; and then, if the parties desire it, to two judges of the Court of King's-Bench, Common Pleas, or Exchequer, in Ireland); and at the Commons, when it is intended to impose any toll or duty for effectuating the purposes mentioned in the petition, to a committee of members; to examine the matter thereof, and report the same to the House: and after such report (or otherwise, upon the mere petition) leave may be given to bring in the bill.

PROCEEDINGS

UPON AN ORDER OF REFERENCE TO THE JUDGES.

"Die Sabbati, 16 Februarii 1705-It is ordered by the Lords Spiritual and Temporal in Parliament assembled, that when a petition for a private bill shall be offered to this House, it shall be referred to two of the judges, who are forthwith to summon all parties before them who may be concerned in the bill; and after hearing all the parties, and perusing the bill, are to report to the House the state of the case, and their opinion thereupon, under their hands, and are to sign the said bill. The same method to be observed as to private bills, that are brought up from the House of Commons

before

before the second reading of such bills, by sending a copy of the said bill, signed by the clerk, to the judges."

"Die Mercurii, 18 Decembris 1706.-The House being informed, that upon the reference of petitions for private bills to the judges, pursuant to the standing orders of this House, there arises some difficulty as to the examination upon oath of the persons who are produced before them to prove the fact as to the merits of such bills: It is ordered by the Lords Spiritual and Temporal in Parliament assembled, that upon the reference of any private bill to the judges, as aforesaid, the judges to whom the said bill shall be referred, shall send to this House a list or lists of such persons' names as are to be sworn in relation to such bill, and that they shall be thereupon sworn at the bar of this House, in order to be examined by the judges upon such oath, in relation to the bill before them.-Entered per ord. 20th Decembris 1706.".

"On the 2d July 1801-Resolved, that the following addition be made to the standing order of the 18th December 1706, No. 103, viz. after the word 'referred,' to insert, 'un

See the next order.

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