« EelmineJätka »
mittee have satisfactorily established that the revenue is likely to be ence to annual sufficient to support the annual charges of the maintenance of the railroad, and still allow profit to the projectors.
sents, dissents, and neuters.
14. The number of assents, dissents, and neuters upon the line, and Number of asthe length and amount of property belonging to each class traversed by the said railroad, distinguishing owners from occupiers; and in the case of any bill to vary the original line, stating the above particulars with reference to such parties only as may be affected by the proposed deviation.
petitions in oppo
15. To state the name or names of the engineers examined in sup- Names of engi port of the bill, and of those, if any, examined in opposition to it. 16. To state the main allegation of any petition or petitions which may have been referred to the committee in opposition to the preamble of the bill, or to any of its clauses; and whether the allegations have been considered by the committee, and if not considered, the cause of their not having been so.
17. To state, in addition, any circumstances which, in the opinion Any other circumof the committee, it is desirable the House should be informed of.
II. That this House will not proceed, except in the cases hereafter Specific replies provided, with the further consideration of report of any bill until it has received from the committee specific replies in answer to each of the questions contained in the first of the standing orders with regard to the proceedings of committees on railway bills.
III. That, in those cases where there shall be no opposition, or no parties shall appear in support of a petition in opposition, to any bills for railways before this House, or where the opposition shall have been withdrawn, it shall be in the discretion of the committee to determine how far it may be necessary to inquire into the facts required to be proved by the first of the standing orders with regard to the proceedings of committees on railway bills.
If no opposition, not appear in support of a petition,
or the do
inserted in bills.
IV. That no bill for any railway, included in the second class of Provisions to be bills, shall be read a third time in this House unless provision be
1. That no such company shall be authorised to raise, by loan or Restrictions as to mortgage, a larger sum than one-third of their capital; and that, until fifty per cent. on the whole of the capital shall have been paid up, it shall not be in the power of the company to raise any money by loan
Level of roads
Railways not to eross highways on same level.
Time to be limited
for the completion of works.
Clauses to be inserted in bills.
2. That, where the level of any road shall be altered in making any railway, the ascent of any turnpike road shall not be more than one foot in thirty feet, and of any other public carriage road not more than one foot in twenty feet, unless a report from some officer of the railway department of the Board of Trade shall be laid before the committee on the bill, recommending that steeper ascents than the above may be allowed, with the reasons and facts upon which such opinion is founded, and the committee shall report in favour of such recommendation; and that a good and sufficient fence of four feet high at the least shall be made on each side of every bridge which shall be erected.
3. That no railway whereon carriages are propelled by steam, or by atmospheric agency, or drawn by ropes in connexion with a stationary steam-engine, shall be made across any turnpike road or other public carriage-way on the level, unless the committee on the bill report that such a restriction ought not to be enforced, with the reasons and facts upon which their opinion is founded.
4. That, in case the work intended to be carried into effect under the authority of the bill shall not have been completed, so as to answer the objects of such bill, within a time to be limited, all the powers and authorities thereby given shall thenceforth cease and determine, save only as to so much of such work as shall have been completed within such time, with such provisions and qualifications as the nature of the case shall require.
V. That in all such bills there be inserted the following clauses (except where the same objects shall have been provided for in some act applicable to the undertaking intended to be authorised by the bill):1. And be it enacted. [Here follow in substance sects. 8 and 9 of certain plans, &c. 8 & 9 Vict. c. 20, post, App., 160. It is therefore unnecessary to deposited.
Railway not to be proceeded with till
Limiting deviations from datum line described on the section, &c. Arches and viaducts as marked on plan and section to be made, &c. Limiting the alteration of curves.
repeat the sections here.]
2. And be it enacted. [Here follows in substance sect. 11 of 8 & 9 Vict. c. 20, post, App., 160.]
3. And be it enacted. [Here follows in substance sect. 13 of 8 & 9 Vict. c. 20, post, App., 161.]
4. And be it enacted. [Here follows in substance sect. 14 of 8 & 9 Vict., post, App., 161.]
Emendat. per Ord. 8 Augusti, 1844.
Emendat. per Ord. 7 Augusti, 1845.
Emendat. per Ord. 12 Martii, 1846.
Die Lunæ, 7 Julii, 1845.
5. That in every railway bill there be inserted a clause to enact, Directors. "That the directors appointed by this act shall continue in office until the first ordinary meeting to be held after the passing of the act, and at such meeting the shareholders present, personally or by proxy, may either continue in office the directors appointed by this act, or any number of them, or may elect a new body of directors, or directors to supply the places of those not continued in office, the directors appointed by this act being eligible as members of such new body." ORDERED,
1. That all private bills relating to railways, which shall have been opposed, and in which any amendments shall have been made in the committee, shall be reprinted as amended previously to the third reading, unless the chairman of the committee shall certify that the reprinting of such bill is unnecessary.
2. That in case any proprietor of such company who, by himself or any person authorised to act for him in that behalf, shall have dissented at the meeting called in pursuance of the aforesaid standing order, No. 5, (ante, page 66), to empower any company already constituted by act of Parliament to execute any work other than that for which it was originally established, such proprietor shall be permitted, on petitioning the House, to be heard by the committee on standing orders, on the compliance with the standing orders, by himself, his agents and witnesses, or by the committee on the proposed bill, by himself, his counsel or agents, and witnesses.
3. That the standing orders with respect to committees on opposed bills (ante, page 58) of the three classes above mentioned be ex tended and applicable to all opposed bills, except estate bills, name bills, naturalisation and divorce bills.
4. 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 shall be read a third time in the House.
That the said orders be declared standing orders, and that they be entered on the roll of standing orders of this House, and printed and published, to the end all persons concerned may the better take notice of the same.
Emendat, per Ord. 7 Augusti, 1845.
Amended railway printed,
bills to be re
Proprietors of any for powers to exeworks may be
heard in opposition.
The following additional standing order, relative to railway and other bills, was agreed to on the 26th of January, 1847 :
1. That, after any road, or canal, or railway, or dock-bill, shall be read a first time, and before any further proceeding thereupon, there be deposited in the office of the clerk of the Parliament a statement of the length and breadth of the space which is intended or sought to be taken for the proposed works, and to give up which, the consent of the owners of the land has not been ob. tained; together with the names of such owners, and the height above the surface of all proposed works on the ground of each such owner.
And, also, in the case of railway bills, that a return shall be presented, at the same time, of the names of the owners or occupiers of any houses situated within 300 yards of the proposed works, who shall, on or before the introduction of the bill into this House in the present session, or before the 31st of December, prior to any future session in which the bill shall be introduced into Parliament, have sent to the promoters of the railway their dissent, or any written objections to the railway.
Notices to Parliamentary Agents, applicable to Session 1847.
2. Any petition relating to any railway or other private bill, and intended for presentation by the chairman of the committees, must have an indorsement thereon, stating the name or short title of the bill to which such petition relates, and the name of the agent of the party presenting the said petition; and also stating the name or description of the party petitioning, and whether the said petition is in favour of or against the bill, and also whether the same prays to be heard by counsel or agents; and such petition must be left with Mr. Adam, before 3 o'clock of the day on which it is intended to be presented.
(Signed) Shaftesbury, Chairman of Committees.
3. All parties proposing to appear before any committee on a local and personal bill, upon any petition referred to such committee, previously to the meeting of the committee, to enter an appearance by themselves or their agents in the book kept in the committee clerk's office for that purpose; and the appearance of any party before such committee on any day, will be held to continue each subsequent day on which the committee shall sit, unless an entry be made in the above-mentioned book that such appearance is discontinued; but such party shall have liberty to re-appear at any time during the sitting of such committee by again entering an appearance in the said book. (Signed) John William Birch, Clerk Assistant.
4. The chairman of the committees directs, that the agents, on the day on which they give notice of the second reading of a railway bill, do give in to Mr. Adam a written statement as to whether the railway is a competing line or not, and if it be a competing line, the name or names of the railway or railways with which it competes, whether it is opposed or not, and the earliest day upon which the promoters will be ready for the committee on the bill; which statement is to be signed by the agent for the bill.
(Signed) Shaftesbury, Chairman of Committees.
§3.-JURISDICTION OF THE BOARD OF TRADE OVER
The Select Committee on Railways, appointed by the House of Commons in 1839, expressed a strong opinion
(a) Since the above section was written, the powers conferred on the Board of Trade have been transferred by stat. 9 & 10 Vict. c. 105, (post, App., 224) to the Commissioners of Railways. (See note (b), post, 102). It has not been considered necessary to alter the arrangement of the section, as it will be seen that the effect of the new statute is to transfer all powers from the Board of Trade to the Commissioners of Railways, whether they be given by acts of Parliament," or otherwise howsoever." The following is a summary of the contents of this statute :
Her Majesty is authorised to appoint not more than five persons to be Commissioners of Railways, and to appoint one of the said commissioners to be their president: any two commissioners are competent to act, (sect. 1, post, App. 224), and a seal is to be made, and all orders and other documents, purporting to be sealed and stamped therewith, and signed by two or more of the commissioners, are admissible as evidence, (sect. 4).
By sect. 2 it is enacted "That, from and after the day which shall be specified in the London Gazette as the day on which the said commissioners