HC Deb 15 July 1908 vol 192 cc981-3

As amended (by the Standing Committee), considered.

Amendments agreed to— In page 2, line 12, at end, to add the words '(4) No expenses to witnesses, whether for the prosecution or defence, shall be allowed at a Court of Assize or Quarter Sessions before which any indictable offence is prosecuted or tried, if such witnesses are witnesses to character only, unless the Court shall otherwise order.' "—(Mr. Rawlinson.) In page 2, line 20, after the word 'due,' to insert the words 'for travelling or personal expenses.' "—(Mr. Rawlinson.) In page 3, line 42, at end, to add the words 'For the purpose of meeting any change in the financial relations between any counties and boroughs which may arise by virtue of the provisions of this Act as to the payment of any costs allowed under this Act, any necessary equitable adjustment may be made by agreement between the councils of the counties or boroughs concerned, or, in default of agreement, by the Local Government Board. The Board may at their option determine the matter as arbitrators, or otherwise, and, if they elect to determine the matter as arbitrators, the provisions of the Regulation of Railways Act, 1868, respecting arbitrations by the Board of Trade, and the enactments amending those provisions, shall apply as if they were herein re-enacted and in terms made applicable to the Local Government Board and the determination of matters under this subsection. For the purpose of this subsection the Local Government Board may hold any local inquiry, and subsections one and five of Section eighty-seven of the Local Government Act. 1888, shall apply accordingly.' "—(The Attorney-General.)

Amendment proposed— In page 3, line 42, at end, to add the words 'and to remain in attendance for that purpose during the sitting of the Court, or until such hour as the Court shall direct.' "—(Mr. Rawlinson.)

MR. CARLILE

asked whether the clause with the Amendment of his hon. friend did not suggest a great waste of time on the part of this individual who was to attend the Court. Had he to be present under the Amendment the whole time that the Court was sitting, merely on the off-chance of having to provide certain payments which might not arise?

THE ATTORNEY-GENERAL (Sir W. ROBSON,) South Shields

said the hon. Member had, he thought, omitted to observe the last part of the Amendment, "or until such hour as the Court may direct." They proposed to leave it in the hands of the Court.

Amendment agreed to.

Motion made, and Question proposed,. "That the Bill be now read a third time."

MR. CARLILE

asked who was the proper officer and how his decisions as to costs were to be controlled or checked. It seemed to him that the proper officer had too much of a free hand in fixing what the expenses should be. Then he wanted to ask whether the payment of a poor defendant for his defence out of the funds which would be ultimately provided from the borough or county council funds, would carry with it any disqualification for the franchise, as poor relief did.

SIR W. ROBSON

said the Answer to the last question was in the negative. The proper officer was the treasurer of the borough, but he had not unqualified discretion.

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