Right to be heard and the ‘filled-up’ bill

44.9The bill before the Court of Referees during its consideration of a case is the bill as deposited, not the ‘filled-up’ bill (see para 45.13 ) as proposed to be amended and submitted to the committee by the promoters; and a petitioner is not refused a right to be heard because the promoters undertake, by amendments in the filled-up bill, to meet their objections to the bill as deposited,1 but has uniformly been allowed to go before the committee to see that this undertaking is carried out.2 The court has thus supported the right of landowners to be heard where their lands were proposed to be taken by the bill as deposited.

On the other hand, a person who objected to an amendment proposed in the ‘filled-up’ bill would petition not against the bill but against the alterations of the bill, and the committee on the bill would have to determine their right to be heard.

Footnotes

  1. 1. The bill as deposited, however, has been considered by the Court of Referees to include such amendments as the Standing Orders Committee shall have required to be made in it as a condition of its proceeding, Renfrew Burgh etc Bill CJ (1898) 75; 1 S & A 274; Airdrie, etc, Tramways Bill, CJ (1900) 55; 2 S & A 2.
  2. 2. 1 C & R 78; R & S 341–42, 352; 1 S & A 19–20.