Group (X) of Railways, (The London and York, &c.), and that on Group (A), (The North Kent, South-Eastern, &c.) These reports, it may be proper to remark, are not intended to give a detailed history of each day's proceedings, but to explain the general nature of the proceedings before Committees, and the principal points of parliamentary law or practice, which are likely to arise in the course of them. In addition to this, there has been introduced into the Appendix a Summary of Parliamentary Practice, including the new Resolutions of the two Houses, the Suggestions recently issued by the Chairmen of Committees for their guidance, a view of the question what constitutes a locus standi to be heard before a Railway Committee against a bill, and the grounds of opposition that may be taken by opponents. Forms of Railway Deeds have also been added, and a brief account of the present functions of the Board of Trade in regard of Railway Bills before Parliament. The Appendix concludes with some unreported cases relative to the liabilities of Provisional Directors, and the important case of Reg. v. The Great Western Railway Company, touching the rating of Railways, just reported.

4, KING'S BENCH WALK, TEMPLE,

April, 1846.

TABLE OF CONTENTS.

INTRODUCTION

LIB. I.

Of Railways at Common Law.

CAP. I.

Of Railways made by Owner of the Soil on his

own Ground

PAGE

1

CAP. II.

Of Railways made in pursuance of Way Leaves, &c.

1. Nature and Extent of Power conferred by Way

Leave, &c.

2. Rights and Liabilities of Owner of Railway con-

structed under Way Leave

3. Remedies relating to such Railways

7

8

LIB. II.

Of Railways by Statule.

CAP. I.

Of the Provisional Formation of a Railway Company
previous to an Act of Parliament, and of the

Powers, Duties, Rights, and Liabilities growing
thereout.

1. Of the Provisional Formation of a Company for the

making of a Railway

11

2. Of the Powers, Privileges, and Incapacities of a Com-

pany for the making of a Railway in its Provisional

State

3. Of the Duties of such Company, and herein more par-

ticularly of the Steps preliminary to, and of the ob-

taining the Act of Parliament

4. Of the Rights and Liabilities growing out of the above

state of things

1. Of the general Principles of Construction

II. Of the Principles applicable to particular Clauses

III. Of the Principles applicable to the Construction

of several Acts relating to the same Company

CAP. III.

Of the Company, as constituted under the Act.

Part I. Of the Legality of a Railway Company

Part II. Of the Constitution of a Railway Company

Sect. 1. Of the Constitution of the Company generally ..

Sect. 2. Of the Company viewed in its external Relations

(1) Of the Mode of Action prescribed by its Act

to the Company

1. Of the Organs through which the Com-

pany must act

2. Of the Forms to be observed by the

Company in acting

(2) Of the Powers, Capacities, and Incapacities

of a Railway Company

1. Of the general Nature and Extent of

Powers of Company

..

2. Of their Suspension, Cesser, or Deter-

id.

..

72

74

id.

127

133

mination

3. Of their Revival, &c...

(3) Of the Rights of the Company incidental

(4) Of the Duties and Obligations of a Railway

Company

(5) Of its Buithens

(6) Of its public Acts and Liabilities

1. Of Liabilities on Contracts

2. Of Liabilities in Tort ..

PAGE

148

154

160

id.

173

(3) Of the Directors

(5) Of Bye Laws

(6) Of Registration

Where Owner of Land, &c. the

5. Of moving for a new Trial, Certiorari,

6. Of the Title

7. Of the Conveyance

8. Of the Purchase Money

9. Of the Costs ..

Sect. 3. Of the Company viewed in its internal Relations

(1) Of the Individual Shareholders

(2) Of the general Meetings of the Company

(4) Of the Officers, Servants, &c.

(7) Of the Books, Records, &c. of the Company 251

Sect. 4. Of the Capital of the Company

(1) Of the Capital of the Company generally..

(2) Of Shares

Of the Precept

Of the Inquisition

moving Party

200

202

208

211

2. Of the Right to Tolls

300

1. Of the general Nature and Extent of the Right to

Tolls

CAP. VI.

Of certain general Statutory Provisions for the Re-

gulation, &c. of Railway Companies, whereby their

Powers, Duties, Obligations, &c. are more or less

extensively modified.

1. Of Powers of Supervision reserved to Board of Trade 330

2. Of Provisions for the Extension and Enlargement of

the Powers of Railway Companies

3. Of Regulations touching Matters of Police

339

342

345

4. Of Provisions qualifying and extending the Duties,

&c. of Railway Companies

..

5. Of certain Conditions annexed to future Grants of

Parliamentary Powers for making of Railways .. 347

CAP. VII.

Of Remedies.

Part I. Of Remedies for or against Railway Companies.. 349

Sect. 1. Of Remedies for Railway Company against

Shareholders

id.

id.

362