XXVII. Chapter some special cases, however, indulgence has been granted to them. In one case, the agent who had deposited a petition stated that there was no appearance upon it: but another agent immediately entered an appearance; and as it was shown that he had regularly obtained the appearance paper from the Private Bill Office, on the production of a letter from the secretary to the company, written by order of the board of directors, stating that they desired to change their agent, and authorizing him to prosecute their petition, the committee allowed the petitioners to be heard.2 An appearance paper has been allowed to be amended, where it stated that a petition praying to be heard against the preamble related to clauses only.3 petitions Where petitions complain of matters arising during the And upon sitting of the committee, or of amendments proposed to be against alterations, made in the bill, appearances are allowed to be entered, as &c. the occasion arises.4 Difficulties have sometimes arisen, when counsel have Hearing of not been retained, or are absent, in regard to the right of solicitors to be heard as agents for the parties, unless they have been entered as agents for the bill or petition, in the of Committees on opposed bills, 1 Minutes of Committee on Group 2 Minutes of Committee, Group 9, 1863. Where two out of three petitioners had withdrawn their opposition to a bill, and the agent for the petition did not appear, but the remaining petitioner appeared before the committee by another agent, whom he had appointed, it was held that he was entitled to appear (Minutes of Committees on opposed bills, 1858, I. 130). 3 Minutes of Committee, Group 3, 1859. Cf. standing orders 89 and 128, supra, pp. 761 and 758, note 6. In 1879 a petition having been And cf. Minutes of Committee, solicitors. Case opened. 8 XXVII Private Bill Office.1 In 1844 a solicitor was refused a Chapter In the case of a committee on a group of bills, as already When the parties are before the committee, the senior Cf. supra, pp. 709, et seq. (Parlia mentary Agents). 2 73 H. D. 3 s. 583. 3 Minutes of Committees on opposed Bills, 1857. vol. ii. pp. 645. &c. 4 Minutes of Committees on opposed Bills, 1857, vol. ii. pp. 643. 645. 647. 5 Birkenhead, Chester, &c., Railway Bill, 1873, 1 Clifford and Rickards, Locus Standi Reports 3; Combe Hill Navigation Bill, 1876, ib. 216. 1 Clifford and Rickards, 8. XXVII. A Prelimi jections. Chapter counsel for the bill opens the case for the promoters. preliminary objection is sometimes raised by petitioners to pary obproceeding further with the bill. These objections, however, have not usually been sustained. They ordinarily have referred to questions inherent to the principle and inception of the bill, and as such might have been raised on its second reading. As the bill has been referred by an order of the house to a committee for consideration, the strong presumption is that the duty of the committee is to deal with the bill on its merits, the more so since the argument used in support of a preliminary objection would generally be of equal avail at that stage of the proceedings. Preliminary objections have sometimes been sustained when they have arisen on matters which have occurred after the second reading of a bill. 3 ings in support of the preamble of bill. Unlike the practice in regard to public bills,2 the preamble Proceedof a private bill is first considered; and if the preamble be opposed, the counsel addresses the committee more particularly upon the general expediency of the bill, and then calls an opposed witnesses to prove every matter which will establish the truth of the allegations contained in the preamble. In a railway bill, this is the proper occasion for producing evidence to satisfy the committee upon the most material of the points which, by the standing orders, they are obliged to report to the house. The witnesses may be crossexamined by the counsel who appear in support of the several petitions against the preamble, but not, as to the general case, by the counsel of parties who object only to certain provisions in the bill. 1 London and North Western Railway Bill, 1873; Birmingham Corporation Water Bill, 1875; Stockton and Middlesborough Corporation Water Bill, 1876; Brighton and Hove Gas Bill, 1881; Tramways Provisional Order (Birmingham) Bill, 1881; Birkenhead Corporation Improvement Bill, 1867 (sustained, excessive alterations in a filled-up bill); Hammersmith and Fulham Recreation Ground Bill, 1884 (sus Cross-examination is confined tained); Great Forest of Brecknock 2 Cf. pp. 483-4. 490, and 469, note. Suppl. to Votes, pp. 150. 151. 188. 189, &c. Rules as to the hearing of peti against the XXVII to matters comprised in the petitions, except when it is Chapter As already stated, all petitions against a private bill, which have been deposited in accordance with the standing tioners orders, and in which the petitioners pray to be heard by preamble. themselves, their counsel, or agents, stand referred to the committee; and such petitioners, subject to the rules and orders of the house, shall be heard upon their petition, if they think fit, and counsel heard, in favour of the bill, against the petition. And the rules and usage of Parliament under which petitioners, before being heard before the committee, are required to have established their locus standi (pp. 760-784), and to have entered an appearance upon their petition (pp. 710, 787. 806), have also been already described. Unless petitioners pray to be heard against the preamble, however, they are not entitled to be heard, or to cross-examine any of the witnesses of the promoters upon the general case, or otherwise to appear the proceedings of the committee, until the preamble has been disposed of. Nor will a general prayer against the preamble entitle a petitioner to be heard against it, if his interest be merely affected by certain clauses of the bill. Petitioners, however, have been heard against the preamble of a bill, although the word "preamble" was not in the prayer of their petition, when their intention was clearly shown by the context. The proper time for urging objections to parties being heard against the preamble is when their counsel or agent first rises to put a question to a witness, or to address any observations to the committee. 3 in The counsel for the bill having been heard, and all the witnesses in support of the preamble having been examined, the case for the promoters is closed. 1 Supra, p. 758. 2 Suppl. to Votes, 1843, p. 131; ib. 1850, pp. 45. 199, &c. Petitioners, however, who pray to be heard against certain clauses and so much of the preamble as relates thereto, Minutes of Committees on op- Chapter ings in support of against the When petitioners appear against the preamble, their Proceedcounsel either opens their case or reserves his speech until after the evidence. Witnesses may be called and examined petitions in support of the petitions, cross-examined by the counsel preamble. for the bill, and re-examined by the counsel for the petitioners but counsel can only be heard, and witnesses examined, on behalf of petitioners, in relation to matters referred to in their petitions. It has been ruled that where a petitioner against a railway bill is admitted to be heard on a petition alleging a preferable line, described particularly in his petition, the engineer to be called in support of such line is entitled to produce, prove, and refer to plans and sections of the suggested line, as made by himself." But, of late years, it has not been usual, except in special circumstances, or as arguments against the proposals of the bill, to admit evidence of alternative schemes, which have not been submitted to Parliament as substantive schemes and have not been subject to the usual notices.3 As a general rule, each witness is to be examined, or cross-examined, throughout, by the same counsel. In the Shrewsbury and Birmingham Railway Bill, 1851, the committee resolved that "they must adhere to the rule that the same counsel should go through with the examination of each witness, unless by agreement between the parties, to be approved by the committee, it should be 1 Glasgow and South Western Railway Bill, and South Wales Railway Bill, 1853, Suppl. to Votes, 1853, pp. 720. 1339; Minutes of Committees on opposed bills, 1856, vol. i. p. 56, &c. 2 Midland Railway (Extension to Otley) Bill; Cork and Macroom, &c., Bill, 1861; Resolutions of general committee of railway and canal bills, 1861; 117 C. J. 267, &c. 3 Harrow and Rickmansworth Railway Bill, 1874; West Kent Drainage Bill, 1875; Sutton Bridge Docks Bill, 1875; Newport (Monmouthshire) Gas Bill, 1875; Provisional Order (Thirsk Water) Bill, 1879; Oldham Corporation Bill, |