HC Deb 28 May 1886 vol 306 cc424-5

[Progress 24th May.]

Bill considered in Committee.

(In the Committee.)

Clause 2 (Review of taxation).

MR. T. M. HEALY (Londonderry, S.)

I beg, Sir, to move the omission of this clause, in order to accept the new clause of the right hon. and learned Gentleman the Member for Bury (Sir Henry James).

Question, "That the Clause stand part of the Bill," put, and negatived.

SIR HENRY JAMES (Bury, Lancashire)

In the place of the clause which has just been struck out, Sir, I beg to move the following clause:—(Review of taxation.) The judge or officer by whom any account or claim is taxed or examined under 'The Parliamentary Elections (Returning Officers) Act, 1875" (herein called the 'principal Act'), shall deliver to the returning officer, and to the other party to the taxation or examination, a certificate showing the items and amounts allowed or disallowed, with a copy of any order or judgment made thereon. Either party may, within seven days of the delivery to him of such certificate, give notice in writing to the said judge or officer of intention to appeal, specifying in the notice the items and amounts in respect of which he intends to appeal. The said judge or officer shall thereupon forthwith transmit to the prescribed taxing officer of the Superior Court the said account or claim, with any vouchers relating thereto, the certificate and the notice of appeal, and such taxing officer shall forthwith proceed to review the taxation or examination in the usual manner, or in such manner as may be prescribed, and shall, if required, receive evidence in relation to the matters in dispute, and may confirm or vary the certificate, and direct by whom all or any part of the costs of review are to be paid, and shall return the certificate as confirmed or varied to the said judge or officer with any such direction, and effect shall be given to a certificate as so confirmed or varied, and to any such direction, as if the same had been a judgment of the Court as defined in the principal Act. In this Act 'Superior Court' means in England the Queen's Bench Division of the High Court of Justice in England, and in Ireland the Common Pleas Division of the High Court of Justice in Ireland. 'Prescribed' means prescribed by rules of the Superior Court in England or Ireland, as the case may be. We thought it better to leave the power of taxing to the Judge, with power of appeal to the Taxing Master of the Superior Court. It is a complicated matter, but we are all in accord upon it.

Clause brought up, and read the first time.

Motion made, and Question proposed, "That the Clause be read a second time."


The clause which my right hon. and learned Friend proposes is, no doubt, a valuable tine; but it appears to me that it would be better if, in the case of large towns like Liverpool or Manchester, the power of taxation were left to be exercised locally.

MR. CHANCE (Kilkenny, S.)

I desire to move an Amendment to this clause—namely, to insert the words— Any taxation or review of taxation under this Act shall be subject to appeal to the Superior Court, in like manner as any ordinary taxation of costs is now subject. I do not think I need make any remark upon it.

Amendment proposed, to the said proposed Amendment, to insert the words— Any taxation or review of taxation under this Act shall be subject to appeal to the Superior Court, in like manner as any ordinary taxation of costs is now subject."—(Mr. Chance.)

Question, "That those words be there added," put, and agreed to.

MR. CHANCE (Kilkenny, S.)

I do not propose to move the new clause which stands in my name.

Bill reported; as amended, to be considered on Monday next, and to be printed. [Bill 241.]