H.-6

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parties (having notice) concerned in such inquiries shall be subject to the same liabilities (except as to costs by persons making no opposition) as jurors witnesses in and parties to and parties (having notice) concerned in the trial of an action in the Supreme Court would be subject to in like cases. 11. No petition for a Private Estate Act shall be proceeded with unless and until a report or certificate of a Judge of the Supreme Court in the, judicial district in which the estate to be affected thereby is situated addressed as aforesaid and setting forth that the allegations contained in the petition and in the preamble of the proposed Bill other than the allegation that the objects of the proposed Bill are not attainable otherwise than by legislation have been proved before him or have been found by a jury as the case may be and certifying that the objects of the proposed Bill are not attainable otherwise than by legislation shall be filed in the Private Bill Office.

No petitioner Private Estate Bill to be proceeded with {except upon Judge's report).

(2.) "THE PRIVATE AND LOCAL BILLS COSTS ACT, 1882." An Act for awarding Costs in certain Cases of Private and Local Bills. [13</,, September, 1882. Whereas it is expedient to empower Committees of both Houses of Parliament on Private or Local Bills to award costs in certain cases : Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :— 1. The Short Title of this Act is "The Private and Local Bills Costs Act, 1882." 2. When the Private Bills Committee or the Local Bills r Committee shall decide that the preamble is not proved, or shall insert in such Bill any provision for the protection of any opponents, or strike out or alter any provision of such Bill for the protection of opponents, and further unanimously report, with respect to any or all of the opponents against the Bill, that such opponents have been unreasonably or vexatiously subjected to expense in defending his or their rights proposed to be interfered with by the Bill, such opponents shall be entitled to recover from the promoters of such Bill his or their costs in relation thereto, the amountthereof not to exceed the amount prescribed by the Schedule hereto. 3. When the Private Bills Committee or the Local Bills ' Committee shall decide that the preamble is proved, and further unanimously report that the promoters of the Bill have been vexatiously subjected to expense in the promotion of the said Bill by the opposition of any persons opposing the same, then the promoters shall be entitled to recover from the opponents, or such of them as the Committees shall think fit, so much of the costs of the promotion of the Bill as the Committees may think fit, not exceeding the sum prescribed by the Schedule aforesaid. In their report to the Council or House the several Committees shall state what sum for costs they shall so think fit to award, together with the names of the parties liable to pay the same and the names of the parties entitled to receive the same. 4. The Chairman of the several Committees shall deliver to the parties affected, or either or any of them, a certificate setting forth the amount of costs awarded, with the name of the party liable to pay the same and the name of the party entitled to receive the same ; and such certificate shall be conclusive evidence as well of the amount of the demand as of the title of the party therein named to recover the same from the party therein stated to be liable for the payment thereof; and the party claiming under the same shall, upon payment thereof, give a receipt at the foot of such certificate, which shall be a sufficient discharge for the same : Provided that no solicitor promoting or opposing any Bill in Parliament shall be entitled to recover from the promoters or opponents, as the case may be, any larger sum than the sums authorised under the said certificate, and such certificate shall not authorise the payment of any costs beyond the amounts fixed by the Schedule aforesaid. 5. The party entitled to costs, or his executors or administrators, may demand the whole amount thereof, so certified as above, from any one or more of the persons liable to the payment thereof; and, in cases of non-payment thereof on demand, may recover the same by action in any Court of competent jurisdiction within the colony. In such action it shall be sufficient for the plaintiff to state or declare that the defendant is indebted to him in the sum mentioned in the said certificate; and the said plaintiff shall, upon filing the said statement or declaration, together with the said certificate and an affidavit of such demand as aforesaid, be at liberty to sign judgment and take out execution for the said sum so mentioned in the said certificate

Title. Preamble.

Short Title.

When Committee unanimously report the preamble not proved, and that opponents have been unreasonably or vexatiously put to expense, opponents to be entitled to recover costs.

When Committee unanimously report the preamble' proved, and that the opposition was vexatious, promoters to be entitled to recover costs.

Costs to be taxed.

Recovery of costs when taxed.