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THE LAW AND PRACTICE

OP

RAILWAY AND OTHER PRIVATE BILLS ;

INCLUDING THE

PRELIMINARIES REQUISITE; THE ORDER OF PROCEEDINGS IN BOTH
HOUSES, WITH PLAIN AND FULL PRACTICAL DIRECTIONS;
THE FORMULA ; AND THE MOST USEFUL AND
SUCCESSFUL MODES OF CONDUCTING
OR OPPOSING RAILWAY BILLS

IN PARLIAMENT.

WITH

THE STANDING ORDERS; SPECIAL ACTS OF PARLIAMENT;

PRECEDENTS; CASES AND NOTES.

ALSO,

A Chapter, fully describing the
SPECIAL PRACTICE FOR THE PRESENT SESSION, 1846.

BY

JAMES J. SCOTT,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

LONDON:
OWEN RICHARDS, LAW BOOKSELLER, &c.

194, FLEET STREET.

MDCCCXLVI.

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7-17-507W

PREFATORY REMARKS.

The present state of Railway Bills and railway matters—the uncertainty that prevails as to the law and practice thereon-the conflicting opinions among the leading counsel and chief journalsand the immense sums that are dependent upon sound legal and practical knowledge of the Standing Orders, principles and procedure of both Houses of Parliament, and of the decisions and usual course in committees on private bills, have elicited this work. It is impossible to overrate the anxiety that uncertainty upon these subjects occasions. Parliament itself being in nearly as much uncertainty, on various points, as the various persons who look to it as a guide and protector, an infallible standard can hardly yet be presented.

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The last session produced many, and great and important alterations to meet, if possible, the changing phases which railway matters displayed. Some of those alterations are obviously wise and practical; others doubtful, until experience shall have tested their utility and appropriateness.

The House of Lords appears to have acted differently from the House of Commons, with regard to the great question of deposits; but the difference is more nominal than real, though in effect it will tend to much public convenience, It has always been the practice of the formerthe peculiar conservators of the rights of property—to demand more ample and stringent proof of the means to meet the claims which may be created by new works sought to be made, than was required by the Commons' House. Long before schemes appeared for the formation of railways their lordships had called for a larger proportion of the capital to be subscribed to the contracts for fulfilling the works proposed to be carried out under bills included in the second class, than the Commons demanded by their Standing Orders. Nor can this be deemed unwise or undesirable. Some months necessarily elapse before such bills arrive in the House of

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