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ERRATA ET ADDENDA.
Page 37, last line but one and last line, for "no railway bill shall be read a third time unless," read "in case of application to parliament for powers to construct a railway.”
Page 38, first line, before "have been," insert "must."
Appendix, page ccxxxii, n. (q), for "ccxxx," read " ccxxvi."
Appendix, p. cclxxviii, line 10, et seq.-The rule here laid down is not, it is believed, generally observed in practice, except as regards the copies of the printed and amended breviates, which are left by the agents at the Board of Trade.
Votes, &c. of Commons, 16th February, 1846.
That it be an instruction to the select committee on petitions for private bills, and to all committees upon private bills, not to hear parties on any petition hereafter referred to them, which shall not be prepared and signed in strict comformity with the rules and orders of this house. (Vide Standing Orders, 111a.)
Votes, &c. of Commons, 17th February, 1846.
HARBOURS, DOCKS, &c.-Ordered, That all bills for the formation or improvement of harbours and wet docks, navigable rivers, and canals, and works of every kind, on lands within high water mark, be referred to the Board of Admiralty for their report thereon, before the committee on the bill shall report to the house.
Minutes, &c. of Lords, March 19, 1846.
The following resolution, viz., "That no petition praying to be heard upon the merits against any second class railway bill shall be received by the House of Lords, unless the same be presented on or before the day on which such bill shall be read a second time," was considered (according to order) and agreed to, and ordered to be added to the roll of Standing Orders.
Minutes, &c. of Lords, March 23, 1846.
The following Standing Order, viz., "That a copy of every railway bill as proposed to be amended in the committee shall be deposited at the Board of Trade two days before the same shall be reported to the house, and also a copy of every bill as amended in the committee shall be deposited at the Board of Trade two days before the same shall be read a third time in the house," was considered (according to order) and amended.
The following, it is believed, is the form of the order as amended:-
That a copy of every railway bill as amended in the committee shall be deposited at the Board of Trade three days before the same is read a third time in the house."
Votes, &c. of Commons, 2d April, 1846.
RAILWAY BILLS-Ordered, That every committee on a railway bill shall fix the tolls, and shall determine the maximum rates of charge for the conveyance of passengers (with a due amount of luggage) and of goods on such railway, and such rates of charge shall include the tolls, and the costs of locomotive power and every other expense connected with the conveyance of passengers (with a due amount of luggage) and of goods upon such railway; but if the committee shall not deem it expedient to determine such maximum rates of charge, a special report, explanatory of the grounds of their omitting so to do, shall be made to the house, which special report shall accompany the report of the bill.
Ordered, that the following clause be inserted in all railway bills passing through this house:
"And be it further enacted, That nothing herein contained shall be deemed or construed to exempt the railway by this or the said recited acts authorized to be made from the provisions of any general act relating to such bills, or of any general act relating to railways, which may hereafter pass during this or any future session of parliament, or from any future revision and alteration, under the authority of parliament, of the maximum rates of fares and charges authorized by this act."
Votes, &c. of Commons, April 3, 1846.
74. STANDING ORDERS.-Standing Order No. 135 read and repealed.
Resolved, That seven clear days' notice, and in the case of a re-committed bill three clear days' notice, in writing, be given by the clerk to the Committee of Selection to the clerks in the Private Bill Office, of the day and hour appointed for the meeting of the committee on every private bill; and that all the proceedings of any committee of which such notice shall not have been given shall be void.
LAW RELATING TO RAILWAYS.
Of the Different Kinds of Railways.
1. It is proposed in the present treatise to consider the legal characteristics of railways. As these mainly depend on the nature of the power or authority, under or by virtue of which a railway is constructed, it may be proper to look at our subject in this point of view. So regarded, railways are distinguishable into two classes; 1st, railways at common law; and 2dly, railways constructed under the authority of acts of parliament.
The former species of railway again subdivides itself into two, viz. 1st, a simple rail or tram way, made by the owner of property on his own land for its more convenient use and occupation, or by several owners of co-terminous property, in pursuance of some mutual arrangement for that purpose between themselves; and 2d, a tram or railway constructed under a way leave, or grant, or right of way.
OF RAILWAYS AT COMMON LAW.
Of Railways made by Owner of Soil on his own Ground.
2. A railway constructed by a private individual on his own ground, in its legal character, differs in nothing from an ordinary occupation road; the incidents therefore of such railway must, it is conceived, be the same, save that in the use of it greater caution may be requisite under some circumstances to guard against injury to the life or property of others.
3. A covenant by an owner of adjoining property to make exclusive use of a railway so constructed, paying a certain toll, is not, it seems, a covenant that runs with the land, or is binding on the assignee of such property, even though the covenant expressly purport to bind "assigns"; (a) but as between the lessor and lessee of land intended to form a railway it is otherwise. (b) A lessee of a colliery agreed with a neighbouring landowner for the lease. of land to form a railway, covenanting at the same time for himself, &c. and his assigns, to carry over the intended railway all coals gotten from such colliery, or from any other mines in the same township,
(a) See the case of Keppell v. Bailey, 2 My. & K. 517. (b) Hemmingway v. Fernandez, 21 Law Journ. Ch. 130; S. C. 13 Sim. 228.
paying so much per ton; this was held to be a covenant that ran with the land, and bound the assignees of the interest in the agreement. (c)
4. Where a railway is constructed by several owners of adjoining property in pursuance of some arrangement to that effect, a distinction it seems must be taken according as the agreement is under seal or not. In the former case it would seem to amount to a grant by each party to the agreement, to the others, of a right of way over the former's soil; and then the railway' constructed under it would fall under the second class of railways described in the next chapter: in the latter case no one of the contracting parties would, it is conceived, acquire any legal interest in the soil of any of the others, but the whole would rest in agreement only.
Of Railways made in pursuance of Way Leaves, &c.
I. Nature and Extent of Power given by Way Leave. II. Rights and Liabilities of Owner of Railway constructed under Way Leave.
III. Remedies relating to such Railways.
5. I. Way leaves, or powers of granting rights of way over lands sold or demised, as easements reserved to grantors or lessors, are a species of property well known in the north of England, and often of great value and importance. The nature and extent of any such power, and what it authorizes the lessor, &c. or his assignee to do, (which is
(c) Hemmingway v. Fernandes, ubi supra.