"No. 1, re-examines.

“Nos. 2, 3, and 4 and landowners offer consecutively positive evidence in opposition to No. 1; and No. 1 crossexamines; and Nos. 2, 3, and 4 and landowners re-examine. “Same process with 2, 3, and 4 in rotation, and 4, 3, 2, and 1, in reply."

A shorter course, and one more economical of time than the above, however, is often pursued by agreement between the various parties, the promoters of competing railways giving at the same time evidence in support of their several lines, and in opposition to those of their opponents who may have already been heard before the committee. After the case for a bill has closed, it is usual for landowners to be heard against such bill. [See Note at end of chapter.]

During the addresses of counsel and the examination of witnesses the committee is in the nature of an open court; but strangers are ordered to withdraw during the deliberation of such committee, being re-admitted when a decision has been arrived at, by vote or otherwise,-the chairman declaring the conclusion to which they have come. With regard to voting, it may be observed that every question has (according to previous practice) been decided by a majority of the committee, exclusive of the chairman, he only voting when the numbers are equal, and his casting vote is required. The second report from the select committee on railways, this session,

however, proposed (and the House has adopted that proposal) that "all questions before committees on railway groups or bills shall be decided by a majority of voices, including the voice of the chairman; and that whenever the voices shall be equal, the chairman shall have a second or casting vote."

In the case of unopposed bills, the points upon which the committee have to report sufficiently suggest the character of the evidence required to be produced; and one or two witnesses will usually be able to establish all necessary to be proved before such committee, though, of course, the peculiar nature of each case will to a great extent determine the extent and species of testimony required.

Committees on private bills have no power to send for persons, papers, or records (though by the resolutions of the House adopted this session and founded on the second report from the Select Committee of the House of Commons on railways, the Committee of Selection possesses such power, "in the execution of the duties imposed on them by the foregoing resolutions"). Consequently, when any witness is summoned and refuses to attend (either to give parole evidence or to produce documents in his custody, which he will not deliver up for the purpose of being adduced before such committee) the committee is compelled to have recourse to the House, usually reporting the

circumstances and seeking for directions how to proceed. Upon it being sufficiently shown that the evidence withheld is of a material and necessary character, an order of the House is issued, commanding the refractory individual to attend, with the documents required; which order may be either served upon him personally, or by post, if his distance from the metropolis render the latter course more expedient. Or a special messenger of the House may be entrusted with the due delivery of the said order, if time presses, and it is of importance that the witness be soon in attendance; and if that order be disobeyed, the party opposing it commits a breach of the privileges of the House, and may be taken into custody by the sergeant-at-arms and sent to Newgate, or detained in the apartments of the sergeant, being, in that case, heavily punished, if alone by the heavy fees and costs incurred by being in such keeping. Instances have occurred this session of parties opposing the summons of the committees on petitions; but, before other and more formidable steps were adopted, they wisely attended, and, apologising for their conduct, were pardoned and dismissed.

The committee has to report to the House whether it has or has not agreed to the preamble, or gone through the several clauses, or any of them. And when any alteration has been made in the preamble of the bill, such alteration,

together with the ground of making it, must be stated specially in the report. (H. C. 82.)

If the committee on a railway bill recommend that in the alteration of the level of roads, steeper ascents than are specified in the Standing Orders should be allowed, or that a railway should be made across a road on the level, they are to report to the House the reasons and facts upon which such opinion is founded. (H. C. 85, 86.)

The objects of these two and other like orders are now provided for by the Railway Clauses Consolidation Act. (See Appendix, for Act 8 Vict. c. 20.) Committees on railway bills (whether they be opposed or not) have to report upon numerous matters that have particularly to be inquired into by them during the progress of the investigation. Thus,

The chairman has to report that the allegations of the bill have been examined, and whether the parties concerned have given their consent (where such consent is required by the Standing Orders), to the satisfaction of the committee. (H. C. 81.)

The committee have further to report whether they have agreed or not to the preamble, or gone through the various clauses, or any of them, &c. (as above described).

The committee has to report specially, in every report on a railway bill, the following different

matters:

1. The amount of capital of the company, and

of loans they may be empowered to raise by the bill.

2. The number of shares subscribed for, and deposits paid thereon.

3. Names and residences of directors or provisional committee, with the amount of shares taken by each.

4. The number of locally interested shareholders, and the amount of capital subscribed by them.

5. The number of other parties and their subscriptions.

6. Subscribers for 20007. pounds and upwards, their names, residences, and amount subscribed by them.

7. Present means of conveyance, its sufficiency or insufficiency; present amount of traffic by land and water, the charges made, and time occupied. (Repealed 1846.)

8. Passengers, weight and description of goods, &c., expected on the railway. (Repealed 1846.)

9. Amount of income expected; proportion from passengers and goods, and character of latter, from which largest revenue anticipated. (Repealed 1846.)

10. Whether the railway be a complete line, or part of a more extended plan, hereafter to be submitted to Parliament; and how far the calculations of profit depend upon such contemplated and future extension.