Cane v Dublin Corporation; Cane v Liffey Syndicate Ltd

• Jurisdiction: Ireland
• Judgment Date: 21 July 1927
• Date: 21 July 1927
• Docket Number: (1926. No. 3602.)
• Court: Supreme Court (Irish Free State)

H. C.,

S. C.,

Cane

and

Dublin Corporation

Cane

and

Liffey Syndicate, Ltd.

Procedure - Petition against Bill - Appointment of Joint Committee of the Senate and the Dáil - Validity of appointment - Whether evidence before Committee admissibleto vary Committee's report - Petitioner's costs - Taxing Officer's certificate - "Conclusive evidence" - Action to enforce payment - Award of costs without jurisdiction - Leave to defend action - Private Bills Costs Act, 1865 (28 Vict. c. 27), ss. 1, 3, 5 - Private Bills Costs Act,1924 (No. 52 of 1924), s. 5 - Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I., Arts. 20, 22 -Standing Orders of the Dáil and the Seanad relative to Private Business, 1923 - Orders 73, 93, 114.

The Standing Orders of the Dáil and the Seanad relative to Private Business, 1923, were held by the High Court (Sullivan, P., Johnston and O'Byrne, JJ.) to be valid, and a Joint Committee of both Houses appointed thereunder was held to be lawfully constituted and to have full jurisdiction to consider certain Private Bills. When a Joint Committee of both Houses of the Oireachtas on a Private Bill decide that the preamble is proved, and do not insert in the Bill any provision for the protection of a petitioner, or strike out or alter any provision of the Bill for his protection, he is not entitled, under s. 1 of the Private Bills Costs Act, 1865 (28 Vict., c. 27), to recover his costs from the promoters, although the Committee have unanimously reported that he has bean unreasonably subjected to expense in defending his rights proposed to be interfered with by the Bill, and although his costs have been taxed and a certificate delivered to him by the Taxing Officer, and the...