Orders in which they have no personal or local Sect. 5. interest. Commis 6. (1.) Commissioners shall hold their inquiry at Sittings of such place in Scotland as they may determine, with sioners. due regard to the subject-matter of the proposed Order and to the locality to which its provisions relate (e). The sittings shall be held in public. (2.) Commissioners shall hear and determine any question of locus standi (f), but they shall not sustain the locus standi of any person who has not in the prescribed manner and within the prescribed time objected to the proposed Order, unless on special grounds established to the satisfaction of the Commissioners (g), and subject to such conditions as to payment of costs or otherwise as the Commissioners may determine. (3.) Subject to general orders any person shall be allowed to appear before the Commissioners in opposition to the Order by himself, his counsel, agent, and witnesses, and counsel, agents, and witnesses may be heard in support of the Order. (4.) Subject to general orders, whenever a recommendation shall have been made by the Chairmen or by any public department, it shall be referred to the Commissioners who shall notice such recommendation in their report, and shall state their reasons for dissenting, should such recommendation not be agreed to. (5.) Commissioners shall, as far as possible, sit from day to day until they finish the inquiry and submit their report to the Secretary for Scotland, with the evidence taken and the recommendations made by them, and they may recommend that the Order should be issued as prayed for, or should be issued with modifications, or should be refused, and if they recommend that the Order should be issued with modifications they shall submit a copy of the Order showing the modifications they recommend. (e) See a discussion of this matter in Aberdeen Suburban Tramways Provisional Order (1902), 39 S. L. R. 873. Sect. 6. Provision for unopposed Orders. (f) See ante, p. 47. (g) See General Order 79. An instance is to be found in Arizona Copper Co., Ltd. (1901), 38 S. L. R. 862. A locus was refused in Glasgow Corporation (Tramways and General) (1901), 38 S. L. R. 865. Issue and Confirmation of Provisional Order. 7. If there is no opposition to the Order, or if any (1.) Before making and issuing an Order, if any 1 all its stages up to and including Committee, House as if reported from a Committee. When such Bill has been read a third time and passed in the first House of Parliament the like proceedings shall, subject to Standing Orders, be taken in the second House of Parliament. Any Act passed to confirm such Order shall be deemed to be a public Act of Parliament. 8.—(1.) If— Sect. 7. Provision for Orders (a) there is opposition to the Order, and the opposi- opposed, or tion has not been withdrawn, or (b) the opposition has been withdrawn after inquiry held, or (c) although there is no opposition, inquiry has been held, the Secretary for Scotland shall refuse to issue a Provisional Order if the Commissioners report that the Order should not be made, or if they do not so report he may issue an Order as prayed, or with such modifications as, having regard to the recommendations of the Commissioners, and of the Chairmen and of the Treasury, and such other public departments as shall be prescribed, shall appear to be necessary; but before making and issuing an Order, if any modification has been made on the draft Order originally deposited, the Secretary for Scotland shall cause a printed copy thereof to be deposited in the office of the Clerk of the Parliaments and in the Private Bill Office of the House of Commons, and also at the office of the Treasury, and of such other public departments as shall be prescribed, and shall not for such time as may be prescribed issue a Provisional Order. Provided that before making and issuing such Order the Secretary for Scotland shall have regard to the recommendations of the Chairmen and of the Treasury and such other public departments as shall be prescribed. where inquiry held. Sect. 8. Procedure on (2.) It shall be the duty of the petitioners to serve a copy of any Order so issued in the manner and upon the persons prescribed. (3.) No Order so made shall be of any validity unless it has been confirmed by Parliament, and the Secretary for Scotland shall, as soon as conveniently may be, submit such Order to Parliament in a Bill (herein-after referred to as a Confirmation Bill), and any Act passed to confirm such Order shall be deemed to be a Public Act of Parliament. 9.-(1.) If before the expiration of seven days after the introduction of a Confirmation Bill under the immediately preceding section in the House in which it originates a petition be presented against any Order comprised in the Bill, it shall be lawful for any member to give notice that he intends to move that the Bill shall be referred to a Joint Committee of both Houses of Parliament; and in that case such motion may be moved immediately after the Bill is read a second time, and, if carried, then the Bill shall stand referred to a Joint Committee of both Houses of Parliament, and the opponent shall, subject to the practice of Parliament, be allowed to appear and oppose by himself, his counsel, agent, and witnesses; and counsel, agents, and witnesses may be heard in support of the Order. The Joint Committee shall hear and determine any question of locus standi. (2.) The report of the Joint Committee shall, subject to Standing Orders, be laid before both Houses of Parliament. (3.) The Joint Committee may, by a majority, award costs, and such costs may be taxed and recovered and shall be secured in the manner provided 28 & 29 Vict. in the Parliamentary Costs Act, 1865, subject to any necessary modifications. c. 27. (4.) If no such motion as in subsection (1) of this section mentioned is carried, the Bill shall be deemed to have passed the stage of Committee, and shall be ordered to be considered as if reported by a Com mittee. When such Bill has been read a third time and passed in the first House of Parliament the like proceedings shall, subject to Standing Orders, be taken in the second House of Parliament. Supplemental. Sect. 9. 10. For the purposes of this Act Commissioners Examination shall have the following powers; that is to say, of witnesses, production of documents, (1.) They may summon and examine on oath such &c. witnesses as they think fit to call or allow to appear before them; (2.) They may require the production of all books, papers, plans, and documents relating to the matters dealt with in the draft Provisional Order referred to them; (3.) They may, when sitting in open court, report to the Lord Ordinary on the Bills any person who has been guilty of contempt of court, and the Lord Ordinary may punish such person as if the contempt had been committed in his own court; (4.) Generally the orders of Commissioners may be enforced as if they had been pronounced by the Lord Ordinary on the Bills; (5.) The quorum of the Commissioners shall be three; but any order, summons, or warrant may be signed by one Commissioner only; and (6.) A chairman of Commissioners shall have a casting as well as a deliberative vote. county 11.-(1.) County councils shall have the same powers Powers of and be subject to the same restrictions in regard to councils, town proceedings under, or in pursuance of this Act, as they councils, &c. & |