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XXVI.

Anorem

of

theb, 8513

(and also in the case of a joint committee under the Private Chapter
Legislation Procedure (Scotland) Act, 1899)," a question
of costs is decided by a majority of the committee to whom
the confirming bill may be referred.

The costs awarded by a committee have to be taxed by

the Taxing Officer of the house.
Where But although, since 1865, such costs have been awarded

ication in numerous cases, they have more frequently been refused;
for costs
have not and in other cases, owing to the circumstances in which it
been enter-
tained by has been made, the application for such costs has not been
committees antontein
in the

ees entertained by a committee. In one case, the promoters
Commons. having informed the committee on a bill, in the Commons,

that it was not their intention to proceed with it, a
petitioner applied to the committee to report that, the
promoters not having adduced evidence, the preamble
was not proved, and to consider an application for costs.
But the committee determined to report that the parties
had stated that it was not their intention to proceed with
the bill, and decided that the question of costs could not
consequently be entertained.4

I See infra, p. 906.
. See infra, Chapter XXXIII.

3 Cf. infra, p. 827. (Parties not proceeding with their bill).

- Abbotsbury Railway Bill, 1873. And cf., also Portsea Island Reclamation Bill, 1871.

In 1899, in the case of the London and, North Western Railway (New Railways) Bill, the committee had found the preamble, in so far as it related to certain railways, was proved, subject to certain terms desired by petitioners; but the promoters, in preference to accepting the conditions imposed, withdrew that portion of the bill, and the committee thereupon acceded to an application for costs made by the petitioners (154 C. J. 209). And in the case of the Swindon, Marl. borough, &c., Railway Bill, 1883, the committee granted costs to petitioners, although the portions of the bill to which they objected

had been withdrawn by the promoters (138 ib. 198). And cf. the Local Government Provisional Orders (No. 15) Bill, 1895, where, on one of the Orders being withdrawn by the parties promoting it, costs were granted to petitioners (150 ib. 330). In the case of the North Staffordshire Railway Bill, 1879, the promoters, in the filled up bill, had struck out certain provisions objected to by petitioners, who nevertheless applied for costs; but the committee, whilst deciding that the alterations so made were technically their own, refused the application (Minutes of Group 4, 14th May, 1879). In 1883, the South Kensington Market Bill was withdrawn in the house on the first day appointed for its consideration by a committee, and parties who had petitioned against it applied for costs; but the committee, not having considered the bill, decided that

Chapter
XXV

In 1880, before the committee, in the Commons, upon the Pier and Harbour Provisional Orders Bill, no parties having appeared in support of the Weymouth Pier Order, certain petitioners applied for costs against the promoters; but the committee decided that, as the consideration of the scheme had not been entered upon, the case did not come within the words of the Act as to the granting of costs. And in another case, the only petitioners against a bill did not appear before the committee by whom it was considered in the Commons, and the promoters applied for costs against them; but the committee decided that, as the bill had to be referred back as unopposed for consideration by the committee on unopposed bills, they were not in a position to hear evidence in proof of the preamble, nor, consequently, to entertain an application for costs. Besides the matters, already referred to, which are Duties of

committee required by the standing orders of the House of Commons when reto be reported upon by a committee, there are particular duties of the chairman and of the committee on every bill in the

Commons. private bill (whether opposed or unopposed) as to recording the proceedings of the committee and reporting them to the house, which are also distinctly explained in the standing orders. Thus :

“Every plan and book of reference thereto, which shall be produced Plans, &c., in evidence before the committee upon any private bill (whether the committee S. 0. 147. “The chairman of the committee shall sign, with his name at length, Chapte

bill, and same shall have been previously lodged in the Private Bill Office or .... not), shall be signed by the chairman of such committee, with his be signed name at length; and he shall also mark with the initials of his name by chairevery alteration of such plan and book of reference 'which shall be man: agreed upon by the said committee; and every such plan and book of ”. V. 150. reference shall thereafter be deposited in the Private Bill Office." they had no power to grant costs. 2 North Metropolitan Electric A similarly unsuccessful application Power Supply Bill, 1905 ; Group L was made in 1898 by petitioners (Minutes of Evidence, 6th July). against the Taff Vale Railway Bill, In the Lords—by an express prowhich was withdrawn by the pro- vision in the standing orders—the moters after the appearances had committee are not precluded from been entered and parties were in requiring proof of the preamble of attendance before the committee a bill against which parties have (Minutes of Group 4, 15th June, not appeared, should an application 1898).

for costs be made (see standing 1 34 & 35 Vict. c. 3; and Minutes order 102 of that house). of Group E, 24th June, 1880,

3 Supra, pp. 790-806.

a printed copy of the bill (to be called the committee bill), on which XXVII. the amendments are to be fairly written; and also sign, with the

initials of his name, the several clauses added in the committee." Committee “The chairman of the committee shall report to the house, that the to report allegations of the bill have been examined ; and whether the parties on alle.

concerned have given their consent (where such consent is required gations of bill, &c.

by the standing orders) to the satisfaction of the committee."
S. 0. 148. “The chairman of the committee shall report the bill to the house,
And to re. whether the committee shall or shall not have agreed to the preamble,
port bill in or gone through the several clauses, or any of them ; or where the
all cases. parties shall have acquainted the committee that it is not their inten-
S. 0. 149.

tion to proceed with the bill; 1 and when any alteration shall have been
made in the preamble of the bill, such alteration, together with the

ground of making it, shall be specially stated in the report."
Minutes of “The minutes of the committee on every private bill shall be brought
committee. up and laid on the table of the house, with the report of the bill." ?
S. 0. 152.
Minutes of In some cases, the minutes of evidence taken before
evidence. the committee on a private bill have been ordered to be

also laid before the house; and, on being presented, have
been printed at the expense of the house, or have been
referred to the committee on other private bills of the
same session. On the 16th February, 1864, the house
resolved, “That the minutes of evidence on opposed
private bills be printed at the expense of the parties,
wherever copies of the same shall be required.” 5 In certain

i Cf, infra, p. 827.

Cf. infra, p. 832, note 7. 3 South London Docks Bill, 1824, 79 C. J. 445. 449, and infra, p. 827, n. 2. (In this case leave was given to the committee, on the motion of the chairman, to lay the minutes of evidence before the house). Cf. also the Norwich, &c., Navigation Bill, 1826, 81 C. J. 343. 355 ; Clarence Railway Bill, 1843,98 ib. 263; Oxford · Worcester, &c., Railway Bill, 1845, 100 ib. 554. 566; Devon and Dorset Railway Bill, 1853, 108 ib. 637. 644; and 110 ib. 6. For orders made for printing evidence in the case of private bills specially referred to select committees, see the Metropolis (Subways) Bills, 1867, 122 C. J. 409. 413; the Metropolitan Board of Works (Shoreditch, &c.) Bill, 1871, 126 ib. 118. 120; and the Lambeth and

other Water Transfer Bills, 1895, 150 ib. 325. 326.

4 Newcastle, &c., Railway, and Northumberland Railway, Bills, 1845, 100 C. J. 521. 535. 536; and see supra, p. 791, note 3.

5 119 C. J. 71. In the case of “hybrid” bills, to which this resolution does not extend, special leave has to be given for the parties “ to print the minutes of evidence day by day, from the committee clerk's copy, if they think fit” (Metropolis Water Bills, 1851, 1852, 106 ib. 315, and 107 ib. 141 ; Metropolis Management and Building Acts Amendment Bill, 1878, 133 ib. 104 ; Post Office Sites Bill, 1889, 144 423, &c.) A similar order has also sometimes been made in the case of opposed private bills referred to specially constituted committees (London Streets and

XXVII.

before

bill committees

moned.

Chapter cases the minutes of evidence on a private bill have been

ordered to be printed at the expense of the parties, if
they think fit.

The attendance of witnesses before select committees Witnesses
has already been noticed. The power given to those com- private
mittees of sending for persons, papers, and records, is
not, however, entrusted to committees on private bills.3 how sum-
The parties are generally able to secure the attendance
of their own witnesses, without any summons or other
process, and a large proportion of all the witnesses ex-
amined attend professionally. But when it becomes
necessary to compel the attendance of an adverse or
unwilling witness, or of any official person who would
otherwise be unable to absent himself from his duties,
application is made to the committee, who, when satisfied
that due diligence has been used, that the evidence of the
witness is essential to the inquiry, and that his attendance
cannot be secured without the intervention of the house,
direct a report to that effect to be made to the house ; 4
upon which an order is made for the witness to attend
and give evidence, or to attend and produce particular
documents, before the committee.
By the Parliamentary Witnesses Oaths Act, 1871, any Witnesses

o examined committee of the House of Commons is empowered to administer an oath to witnesses examined before it ;' and

oath,

Buildings Bill, 1894, 149 C. J. 109; South Eastern and London, Chat. ham, and Dover Railway, &c., Bill, 1899, 154 ib. 143.)

i Aberdeen Schools, &c., Bill, 1836, 91 C. J. 338; Dean Forest Railway Bill, 1843, 98 ib. 324 ; British Electric Telegraph Company Bill, 1852, 107 ib. 357.

? P. 425.

3 In 1896 a motion to give a private bill committee this power was made but was withdrawn. London County Council (Vauxhall Bridge Tramways) Bill 2nd March, 1896 ; 151 C. J. 68-9.

* This report for the attendance of a witness on an opposed bill is

made by the Chairman of Ways and
Means in cases where the committee
on the bill has not yet met (156 C. J.
78. 121. 128; &c.), or has adjourned
(154 ib. 265; 155 ib. 290; 160 ib.
288; &c.).

S. 126 C. J. 228 (for attendance of
a prisoner) ; 127 ib. 99; 137 ib. 101 ;
156 ib. 78; 155 ib. 290 ; 160 ib. 61.
292; &c.

6 129 C. J. 98; 137 ib. 369. 374 ; 151 ib. 149. 188; 153 ib. 145. 159; 154 ib. 97; 155 ib. 195-6; &c.

34 & 35 Vict. c. 83; and see supra, pp. 430. 431.

Committees of the House of Commons had been previously empowered, by S. 1 of the Act

witnesses before private bill committees are examined on Chapter

XXVIL oath.

In one case the committee made a special report stating that, in their opinion, a witness had been guilty

of perjury. Special Re. If matters should arise in the committee, apart from ports from

" the immediate consideration of the bill referred to them, private

om which they desire to report to the house, the chairman anittees.

should move that leave be given to the committee “to make a special report." 3 The house may also instruct 21 & 22 Vict. c. 78, to ad- C. J. 637. And for examples of minister an oath to witnesses upon other special reports from private a private bill, and, by s. 3 of the bill committees, as to their treatAct 34 & 35 Vict. c. 3, to witnesses ment of a bill, or as to special upon a provisional order bill. Both circumstances, &c., see 108 C. J. of these sections were rendered un. 709 (Eastern Union Railway recomnecessary, and were repealed, by the mitted Bill, 1853); 126 C. J. 199; Parliamentary Witnesses Oaths Act, 127 ib. 195; 133 ib. 238; 156 ib. 1871. As to the power of committees 307; 157 ib. 447; 158 ib. 178; in the Lords to administer oaths, see and supra, pp. 736-7 (Manchester, s. 2 of the Act 21 & 22 Vict. c. 78, Sheffield, &c., Railway Bill, 1891). and infra, p. 848.

Where & private bill has been 1 115 C. J. 230.

referred to a select committee, who ? Cf. also supra, p. 418, as to are empowerd to send for persons, special reports from select com papers, and records, the motion for mittees.

leave to make a special report, is 3 Special reports from com not necessary. Nor has it been mittees on opposed private bills : made, in recent years, in the case Concerning the constitution of one of special reports from the Compublic body as dock trust (Liver- mittee on Unopposed Bills : cf. pool Docks, Birkenhead, &c., Docks Keble College Bill, 1888, 143 C. J. Bill, 1855, and Mersey, &c., Docks 141 (in which case the Chairman of Bill, 1857), 110 C. J. 298, and 112. Ways and Means held that his ib. 267. 269; concerning parlia- power, under standing order 83, to mentary deposits, 120 ib. 285, 303; report special circumstances enabled as to forged signatures, 134 ib. 176; him to present a special report recommending legislation or inquiry from the Committee without a upon particular questions, 150 ib. motion for leave to do so); and 119, and 159 ib. 268; as to electrical Abensur's Naturalization Bill, 1896, traction (tramways) in London, 151 C. J. 383; and Guy's Hospital 153 ib. 281; as to electrical under- Bill, 1898, 153 ib. 156. takings and Board of Trade, 157 ib. In 1846, in the case of the 183, &c. In the case of the Devon Edinburgh and Leith Waterand Dorset Railway Bill, 1853, the works Bills, the committee recommittee made a special report, ported, that, in view of special explaining that they had rejected circumstances which they subthat bill in expectation of a pre- mitted to the house, the conferable line of railway being pro- sideration of both bills should be posed to Parliament, in the next suspended, in order to afford opporsession, by another company, 108 tunity for the introduction of

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