plans, sections, books of reference and other books, and writings, or extracts or copies of or from the same, with the clerks of the peace of counties in England or Ireland, sheriff clerks in Scotland, parish clerks in England, schoolmasters in Scotland, town clerks of royal burghs in Scotland, postmasters in Ireland, and other persons, be delivered to every such clerk of the peace, sheriff clerk, parish clerk, schoolmaster, postmaster, and other person, at the same time with the plan or other writing, or extract, or copy of or from such plan or other writing, deposited with him. 223, (11).

Both Houses order, that the clerks of the peace or their respective deputies, do make a memorial in writing upon the plans, sections, and books of reference so deposited with them, denoting the time at which the same were lodged in their respective offices, and do at all seasonable hours of the day permit any person to view and examine any one of the same, and to make copies or extracts therefrom; and that one of the two plans and sections so deposited, be sealed up and retained in the possession of the clerk of the peace or sheriff clerk until called for by order of one of the two Houses of Parliament.-(See Addenda, Act 1 Vict. c. 83. Com, 26. Lords, 223, (6).

The Commons' order, (28), that on or before the 31st day of December, a copy of the said plans, sections, and books of reference be deposited in the Private Bill office of this House.

The Lord's order, (223, 8) that on or before the 31st of December, a copy of the said plans, sections and books of reference shall be deposited in the office of the clerk of the Parliament.

With reference to the estimate and subscription contract.

Both Houses order that an estimate of the expense be made and signed by the person making the same, and that a subscription be entered into under a contract, made as hereinafter described, to three-fourths the amount of the estimate.-Com. 29. Lords, 224, (1).

That in cases where the work is to be made by means of funds, or out of money to be raised upon the credit of present surplus revenue, under the control of directors, trustees, or commissioners, as the case may be, of any existing public work, a declaration stating those facts, and setting forth the nature of such control, and the nature and amount of such funds or surplus revenue, and given under the common seal of the company, or under the hand of some authorized officer of such directors, trus tees, or commissioners, may be substituted in lieu of the subscription contract, and in addition to the estimate of the expense.Com. 30. Lords, 224, (2).

That in cases where the work is to be made out of money to be raised upon the security of the rates, duties, or revenue to

be created by or to arise under any bill, under which no private or personal pecuniary profit or advantage is to be derived, a declaration stating those facts, and setting forth the means by which funds are to be obtained for executing the work, and signed by the party or agent soliciting the bill, together with an estimate of the probable amount of such rates, duties, or revenue, signed by the person making the same, may be substituted in lieu of the subscription contract, and in addition to the estimate of the expense.-Com. 31. Lords, 224, (3).

With reference to the requisites of the Subscription Contract.

It is ordered, that every subscription contract contain the Christian and surnames, description and place of abode of every subscriber: his signature to the amount of his subscription, with the amount which he has paid up; and the name of the party witnessing such signature, and the date of the same respectively.— Com. 32. Lords, 224, (4).

With respect to the time of entering into the Subscription

The Lords' order,

Contract.

That no subscription contract, as respects railway bills, shall be valid unless it be entered into subsequent to the commencement of the session of Parliament previous to that in which application is made for the bill to which it relates.224, (5).

The Commons' order,

That as regards railway bills, no subscription contract shall be valid, unless it be entered into subsequent to the day fixed in the session of Parliament previous to that in which application is made for leave to bring in the bill to which it relates, as the last day on which petitions for private bills may be presented, and unless the parties subscribing to it bind themselves, their heirs, executors, and administrators, for the payment of the money so subscribed.-Com. 40.

The Commons further order, (35)

That previous to the presentation of a petition, for a bill, copies of a subscription contract, with names of subscribers arranged in alphabetical order, and the amount of the deposit respectively paid up by each subscriber, or where a declaration and estimate of the probable amount of rates and duties are substituted in lieu of a subscription contract, copies of such declaration, or of such declaration and estimate, be printed at the expense of the promoters of the bill, and be delivered at the vote office for the use of the members of the House.-Com. 35.

The Lords' order, that copies, &c. be deposited at the office of the clerk of the Parliament previous to the 2nd reading of the bill.

Both Houses order,

That a sum equal to one-twentieth part of the amount subscribed shall be deposited with the Court of Chancery in England, if the work is intended to be done in England; or with the Court of Chancery in England, or the Court of Exchequer in Scotland, if such work is intended to be done in Scotland and with the Court of Chancery in Ireland, if such work is intended to be done in Ireland. (See Addenda.)—Com. 33. Lords, 224, (4).

With respect to the owners, lessees, and occupiers of land.

Both Houses order, that on or before the 31st day of December immediately preceding the application for a bill by which any lands or houses are intended to be taken, or an extension of the time granted by any former act for that purpose is sought, application in writing (and in cases of bills included, in the second class, in the form as near as may be, set forth in the Appendix to the Standing Orders (marked A), see Addenda.) be made to the owners or reputed owners, lessees or reputed lessees and occupiers, either by delivering the same personally, or by leaving the same at their usual place of abode, or in their absence from the United Kingdom with their agents respectively, of which application having been duly made, the production of a written acknowledgment by the party applied to of the receipt of such application, shall be sufficient evidence, in the absence of other proof, of the same having been duly delivered or left as aforesaid; and that separate lists be made of the names of such owners, lessees, and occupiers, distinguishing which of them have assented, dissented, or are neuter in respect thereto. - Com. 17. Lords, 220, (4).

With reference to Bills for abridging any public Work.

Both Houses order (in nearly the same words) that before any application is made for a bill whereby any part of a work authorized by any former act is intended to be relinquished, notice in writing of such bill be given to the owners, or reputed owners, lessees, or occupiers of the lands in which the part of the said work intended to be thereby relinquished is situated.-Com. 36. Lords, 223, (12).

The Commons' order,

That all plans, sections, books of reference, lists of owners and occupiers, estimates, copies of the subscription contracts

and declarations required by the standing orders of the House be lodged in the private bill office; and that the receipt thereof be acknowledged accordingly by one of the clerks of the said office, upon the said documents, and upon the petition before it is presented.-Com. 127.

That previous to the presentation of a petition for a bill, copies of the subscription contract, with the names of the subscribers arranged in alphabetical order, the amount of the deposit, respectively paid up by each subscriber, or where a declaration and estimate of the probable amount of rates and duties are substituted in lieu of a subscription contract, copies of such declaration, or of such declaration and estimate, to be printed at the expense of the promoters of the bill, and delivered at the vote office for the use of members previous to the presentation of the petition.-Com. 35.

BOARD OF TRADE.

Of the Jurisdiction of the Board of Trade over Railways, and of the Constitution and Practice of its Railway Department.

Having traced the proceedings required by the law, and the standing orders of Parliament, up to the time of application for a bill, this seems the proper place to notice another tribunal which the Legislature had invested with the peculiar care of railroads.

The 1st statute which gave the Board of Trade jurisdiction over railways, was the 3rd and 4th Vict. c. 97, entitled "An Act for regulating Railways," which directed that notice should be given of the opening of a railway to the Board of Trade, and returns made of the aggregate amount of traffic in passengers and goods, and of the tolls and charges levied; and empowered the Board of Trade to appoint inspectors, provided no inspector should have been a director or officer of the company within twelvemonths before his appointment; to allow and disallow bye-laws, (see Model Code of Bye-laws, sanctioned by the Board of Trade, Addenda.) to direct prosecutions, and to decide (in lieu of two justices) all disputes concerning the opening of ledges and flanches in railways.

The 5th & 6th Vict. c. 55, entitled "An Act for the better regulation of Railways and conveyance of Troops," (amongst other things) directed that, in addition to the previous notice required of the opening of a railway, notice should be given to the Board of Trade ten days before it should be completed and ready for inspection, and empowered the Board of Trade to postpone such opening if they thought fit. It also directed that

notice of all accidents attended with serious personal injury should be returned to the Board of Trade within forty-eight hours; and empowered them to direct further returns of all serious accidents; to decide certain disputes between connecting railways, to regulate the power of making branch communications with railways, and of entering upon them with locomotive engines, and of extending the compulsory powers of taking land for the purposes of railways, where thought necessary for the public safety. (See this act, Addenda.)

The 7th & 8th Vict. c. 85, (Aug. 9, 1844,) entitled "An Act to attach certain conditions to the construction of future railways authorized or to be authorized by an act of the present or succeeding session of Parliament, and for other purposes in relation to railways," (which among other things authorizes the Treasury to purchase future railways on certain conditions,) gives the Board of Trade power to dispense with certain conditions which it imposes relative to cheap trains, to appoint inspectors who may have been officers of the company within twelve months (s. 15), provided they do not interfere in the affairs of the company. It directs, that if railway companies contravene or exceed the provisions of their act or of any general act, the Board of Trade shall certify the same to the attorney general, who shall proceed against them. It limits the time of prosecutions under the sanction of the Board to one year after the offence, and makes certain provisions relative to communications to and from the Board, service of notices, &c. (See this act, Addenda.)

The select committee on railways which sat in 1844, in their fifth report, after announcing their opinion that the ordinary machinery of private bill committees was insufficient to the due discharge of the accumulating railway business which was coming upon them, and that certain alterations should be made in the constitution of committees, proceeded to observe, that after such alterations there would remain the difficulty of securing permanently the services of the members who would be best qualified for the office of a general supervision of railway proceedings; that there would not be at the command of the House the assistance of officers practically acquainted with the concerns of railways, and the committees must thus be dependent for impartial and responsible testimony upon the extraneous aid of the executive. That if this be so, it would seem to follow that the officers of the executive government ought to give that aid in their capacity as such, and consequently with the sanction, subject to the control, and guaranteed by the responsibility of the heads of their department. After a lengthened discussion on the subject, the report proceeded to recommend that railway bills be submitted to the Board of Trade previously to their coming under the notice of Parliament; the committee conceiving that that Board (or such other public department as may be entrusted with the care of railway matters) might advantageously examine these bills, and also the schemes