with standing 141. XXVII. compliance with such standing orders as are directed to be Chapter proved before the Examiners, unless by a special order from the house. In the case of standing orders which are directed to be proved before the committee, the committee may admit affidavits (which are to be sworn in the same. manner as affidavits produced before the Examiner 2) in proof of the compliance with such standing orders, or may And proof require further evidence. The committee may also admit. proof of the consents of "parties concerned in interest in any private bill," by affidavits sworn in the same manner, or by the certificate in writing of such parties, whose signatures are to be proved by one or more witnesses, unless the committee require further evidence. of consents. S. O. 142. Agree ments. S. O. 174. Orders relating to Where any agreement is to be sanctioned by any bill, such agreement is to be printed as a schedule to the bill. In addition to these orders that relate to every private committees bill, there are others that relate to particular descriptions of private bills, or to bills by which particular objects are to be authorized. on particular kinds of bills. Provision as to Subscriptions. S. O. 144. Where level of roads is altered. S. O. 145. Thus, in all bills for carrying on any work by means of a company, commissioners, or trustees, provision is required to be made for compelling subscribers to make payment of the sums severally subscribed by them. Where the level of any road will be altered in the making of any public work, the ascent of any main road is not to be more than one foot in thirty feet, and, of any other public carriage road, not more than one foot in twenty feet; and a good and sufficient fence, of four feet high at least, is to be made on each side of every bridge to be erected. Practically the only case in which such an order is given is where the house (on the report of the standing orders committee) allows parties to proceed with their bill provided that they prove compliance before the committee with particular requirements with which they had neglected to prove compliance under the preliminary standing orders before the Examiners. Cf. Supra, p. 699. XXVII. &c., in bills. Chapter In the case of any bill relating to a railway, tramway, Tolls, rates, canal, dock, harbour, navigation pier or port, seeking railway, powers as to tolls, rates, or duties in excess of those already dock, &c., authorized, the bill is not to be reported by the committee s. o. 145A until a report from the board of trade on the powers so sought has been laid before them, and the committee are to report specially in regard to the recommendations contained in the report of the board of trade. And in furtherance of the objects of this standing order, bills have been recommitted.1 and 168A. &c., bills. With regard to railway bills, there are numerous Railway, standing orders (in addition to standing order No. 145A) to which the particular attention of the committee on every such bill, and of the promoters and opponents of such bills, should be directed. By these standing orders, (1) particular matters for the investigation of the committee are pointed out; (2) certain fixed principles of legislation are laid down, from which the committee, except in special cases, will not be justified in departing; and (3) particular clauses are required to be inserted. to be gated by (1) Whether the bill be opposed or unopposed, the (1) Matters promoters, in proving the preamble of a railway bill, investimust be prepared with sufficient evidence to satisfy the committees committee and enable them to report to the house the on railway matters specially referred to their consideration; and the reports should be carefully prepared by the promoters of the bill. bills. matters to S. O. 157. The committee are to report specially whether any report And from any public department has been referred to the com- be specially reported. mittee, and if so, in what manner its recommendations have been dealt with by the committee; and whether the railway is intended to cross on a level any railway, turnpike-road, or highway. The committee are also to report any other circumstances of which, in their opinion, the house should be informed. 1 Exeter, Teign Valley, &c., Railway Bill, and Windsor, Ascot, &c., Railway Bill, 1883, 138 C. J. 213. For recommitment of private bill, When the standing orders do not apply. (2) Principles observed by com mittees on railway bills. Restric XXVII. Some of these orders specifying matters which must be Chapter specially reported on by the committee are often inapplicable; and, in such cases, the committee state in their report their reasons for considering that any of them do not apply to the bill, and report upon the others. (2) The principles of legislation to be observed by the committee on a railway bill are as follows: 1 In a railway or tramway bill no company is to be authorized to raise, by loan or mortgage, a larger sum than one third of its capital; or, until fifty per cent. of the whole of the capital has been paid up, to raise any S. O. 153. money by loan or mortgage, unless the committee report that these restrictions should not be enforced. tions on loans. Ascent of roads. S. O. 154. Level crossings. Where the level of any road is altered in making a railway, the ascent of a turnpike-road is not to be more than one foot in thirty; and of any other public carriageroad not more than one in twenty; unless a report from an officer of the board of trade shall be laid before the committee, and unless the committee, after considering such report, and examining the officer, if they disagree with this report, shall recommend steeper ascents, with the reasons and facts upon which their opinion is founded. A sufficient fence of four feet, at least, is to be made on each side of every bridge which shall be erected. No railway is to be made across any railway, tramway, S. O. 155. tramroad, or public carriage-road, on the level, unless a report of some officer of the board of trade shall be laid before the committee, and unless the committee, after considering such report, and examining the officer, if they disagree with his report, shall recommend such level crossing, with the reasons and facts upon which their opinion is founded; and in every clause authorizing a level crossing, the number of lines of rails is to be specified. 1 Many Irish railway companies have been authorized to borrow an amount equal to half the capital. Ballymena and Larne Railway Bill, 1885; Bray and Inniskerry Railway Chapter Standing order No. 156 provides that no railway com- Acquisition pany shall be authorized of canals, docks, &c., companies. to construct or enlarge, purchase, or take on lease, or otherwise by railway "No powers of purchasing, hiring, or providing steam-vessels shall And S. O. 162 and 168A. Committee bill to fix The committee are to fix the maximum rates of charge for the conveyance of passengers (and the charges for on railway parcels conveyed by passenger train 2); or, should they rates and not deem it expedient to determine such maximum rates, S. 0.159 they must make a special report, with their report of the and 1684. bill, explanatory of the grounds of their omitting to do so. charges. ment of &c. S. O. 158B In the case of every bill for the abandonment of a rail- Abandonway, tramway, or subway, or any part thereof, and for railway, the release of any deposit money impounded as a security for completion, the committee have specially to report how and 168A. they have dealt with the recommendations contained in a report which the board of trade is required to present to the house respecting the bill. dividends No railway company is to be authorized to alter the Preference terms of any preference or priority of interest or dividend, (railway unless the committee report that such alteration ought to not to be companies) be allowed, with the reasons on which their opinion is altered. founded, together with the number of preference share- and 168A. holders who have assented to or dissented from such alteration.3 1 Where a committee has failed to report specifically such reasons and facts, the bills have been recommitted for that purpose. Great Eastern, and North British, Railway Bills, 1863; Caledonian Railway (Edinburgh Station) Bill, 1866; East London Railway Bill, 1870; 3 See also standing order, 160 S. O. 161 purchase. Matters to before board of trade. XXVII. Powers of No powers of purchase, sale, lease, or amalgamation are Chapter to be given to a railway company with reference to any be proved other undertaking already authorized or to works intended to be authorized in the current session-and no such powers are to be given to any other incorporated company and 168A. respecting any railway-unless certain matters connected with the capital of such companies be proved to the satisfaction of the board of trade.1 No such powers are to be given in respect of works intended to be authorized in a subsequent session. S. O. 163 Railway company not to guarantee dividend until completion of lines. S. O. 164 and 168A. Limitation No railway company is to be authorized, except for the "to guarantee interest on any shares which it may issue for creating In bills for the amalgamation of railway companies, the of capital amount of capital created by such amalgamation is in no case to exceed the sum of the capitals of the companies so of railways. S. O. 165 amalgamated. on amalgamation and 168A. In bills for empowering a railway company to purchase Additional capital for any other railway, no addition is to be made to the capital purchasing of the purchasing company, beyond the capital of the rail8. O. 166 way purchased; a railway. and 168A. Duty of committee "and in case such railway is to be purchased at a premium, no It is the duty of committees to take care that the proas regards visions of the bill are in conformity with these principles these pro visions. and regulations: but no 1 A clause has sometimes been inserted in bills for this purpose, suspending the operation of the power of transfer till the certificate of the board of trade has been produced. Roseneath and Fishguard Railway Bill, 1881; London and South Western Railway Bill, 1883. The provision contained in this standing order, which requires both companies to prove that they have special form of enactment is respectively paid up one-half of |