ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Where

for costs have not been enter

XXVIL

(and also in the case of a joint committee under the Private Chapter
Legislation Procedure (Scotland) Act, 1899),1 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.2

But although, since 1865, such costs have been awarded application in numerous cases, they have more frequently been refused; and in other cases, owing to the circumstances in which it tained by has been made, the application for such costs has not been entertained by a committee. In one case, the promoters Commons. having informed the committee on a bill, in the Commons,

committees

in the

that it was not their intention to proceed with it,3 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.1

1 See infra, p. 906.

2 See infra, Chapter XXXIII.
3 Cf. infra, p. 827. (Parties not
proceeding with their bill).

Abbotsbury Railway Bill, 1873.
And cf., also Portsea Island Re-
clamation 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 (151 C. J. 209). And in the case of the Swindon, Marlborough, &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had been withdrawn by the promoters (138 ib. 198).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 the Local Government Provisional Orders (No. 15) Bill, 1895, where, on one of the Orders being withdrawn by the parties promoting it, costs were granted to petitioners (150 ib. 330).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

[ocr errors][merged small][merged small][merged small][ocr errors]

In 1880, before the committee, in the Commons, upon
XXVII. the Pier and Harbour Provisional Orders Bill, no parties

Chapter

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.1
And in another case, the only petitioners against a bill
did not appear before the committee by whom it was con-
sidered 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.2

committee

porting

Commons.

Besides the matters, already referred to,3 which are Duties of required by the standing orders of the House of Commons when reto be reported upon by a committee, there are particular private duties of the chairman and of the committee on every bill in the 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 bill, and same shall have been previously lodged in the Private Bill Office or clauses, to 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 agreed upon by the said committee; and every such plan and book of reference shall thereafter be deposited in the Private Bill Office."

they had no power to grant costs.
A similarly unsuccessful application
was made in 1898 by petitioners
against the Taff Vale Railway Bill,
which was withdrawn by the pro-
moters after the appearances had
been entered and parties were in
attendance before the committee
(Minutes of Group 4, 15th June,
1898).

1 34 & 35 Vict. c. 3; and Minutes
of Group E, 24th June, 1880.

2 North Metropolitan Electric Power Supply Bill, 1905; Group L (Minutes of Evidence, 6th July).

In the Lords-by an express provision in the standing orders-the committee are not precluded from requiring proof of the preamble of a bill against which parties have not appeared, should an application for costs be made (see standing order 102 of that house).

3 Supra, pp. 790-806.

man.

S. O. 146.

S. O. 147.

Committee to report

on alle

gations of bill, &c.

S. O. 148.

And to report bill in all cases. S. O. 149.

Minutes of

"The chairman of the committee shall sign, with his name at length, Chapter 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."

"The chairman of the committee shall report to the house, that the allegations of the bill have been examined; and whether the parties concerned have given their consent (where such consent is required by the standing orders) to the satisfaction of the committee."

"The chairman of the committee shall report the bill to the house, whether the committee shall or shall not have agreed to the preamble, or gone through the several clauses, or any of them; or where the parties shall have acquainted the committee that it is not their intention to proceed with the bill; 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."

1

"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. O. 152.

Minutes of

[ocr errors]

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." In certain

4

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.

$ 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.

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.1

before

bill com

moned.

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 mittees not, however, entrusted to committees on private bills.3 how sumThe 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 examined 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.

examined

By the Parliamentary Witnesses Oaths Act, 1871, any Witnesses committee of the House of Commons is empowered to administer an oath to witnesses examined before it; and

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

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.

2 P. 425.

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.).

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.

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

734 & 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

upon oath.

Special Re

bill com

witnesses before private bill committees are examined on
oath.

In one case the committee made a special report
stating that, in their opinion, a witness had been guilty
of perjury.1

If matters should arise in the committee, apart from ports from the immediate consideration of the bill referred to them,2 private which they desire to report to the house, the chairman should move that leave be given to the committee "to make a special report." The house may also instruct

mittees.

21 & 22 Vict. c. 78, to ad-
minister an oath to witnesses upon
a private bill, and, by s. 3 of the
Act 34 & 35 Vict. c. 3, to witnesses
upon a provisional order bill. Both
of these sections were rendered un-
necessary, and were repealed, by the
Parliamentary Witnesses Oaths Act,
1871. As to the power of committees
in the Lords to administer oaths, see
s. 2 of the Act 21 & 22 Vict. c. 78,
and infra, p. 848.

115 C. J. 230.

Cf. also supra, p. 418, as to special reports from select committees.

3 Special reports from committees on opposed private bills:Concerning the constitution of one public body as dock trust (Liverpool Docks, Birkenhead, &c., Docks Bill, 1855, and Mersey, &c., Docks Bill, 1857), 110 C. J. 298, and 112. ib. 267. 269; concerning parliamentary deposits, 120 ib. 285. 303; as to forged signatures, 134 ib. 176; recommending legislation or inquiry upon particular questions, 150 ib. 119, and 159 ib. 268; as to electrical traction (tramways) in London, 153 ib. 281; as to electrical undertakings and Board of Trade, 157 ib. 183, &c. In the case of the Devon and Dorset Railway Bill, 1853, the committee made a special report, explaining that they had rejected that bill in expectation of a preferable line of railway being proposed to Parliament, in the next session, by another company, 108

C. J. 637. And for examples of
other special reports from private
bill committees, as to their treat-
ment of a bill, or as to special
circumstances, &c., see 108 C. J.
709 (Eastern Union Railway recom-
mitted Bill, 1853); 126 C. J. 199;
127 ib. 195; 133 ib. 238; 156 ib.
307; 157 ib. 447; 158 ib. 178;
and supra, pp. 736-7 (Manchester,
Sheffield, &c., Railway Bill, 1891).

Where a private bill has been
referred to a select committee, who
are empowerd to send for persons,
papers, and records, the motion for
leave to make a special report, is
not necessary. Nor has it been
made, in recent years, in the case
of special reports from the Com-
mittee on Unopposed Bills: cf.
Keble College Bill, 1888, 143 C. J.
141 (in which case the Chairman of
Ways and Means held that his
power, under standing order 83, to
report special circumstances enabled
him to present a special report
from the Committee without a
motion for leave to do so); and
Abensur's Naturalization Bill, 1896,
151 C. J. 383; and Guy's Hospital
Bill, 1898, 153 ib. 156.

In 1846, in the case of the Edinburgh and Leith Waterworks Bills, the committee reported, that, in view of special circumstances which they submitted to the house, the consideration of both bills should be suspended, in order to afford opportunity for the introduction of

XXVIL

« ÀÌÀü°è¼Ó »