PRIVATE BILLS. Duty of Solicitor. to be encroached upon, this should be mentioned in the book of reference; and if any brook or stream, or private road or way will be diverted or disturbed, it should likewise be noticed in the reference book, the purpose of which is to furnish notice of every particular in which the proposed measure, if adopted, may affect either individuals or the neighbourhood. The plan required will of course be delineated by a surveyor duly qualified for the purpose. The book of reference may be in the following form: "Book of reference containing the names of the owners and occupiers of property to be taken under the authority of an act to be obtained for making a from Township of A in the Parish of B. to Copies to be Of the above map or plan, and section, and book of reference respectively, two copies must be made before they are deposited with the Clerk of the Peace, one for the Commons and the other for the Lords; and the person then depositing them with the Clerk of the Peace should be instructed to make a memorandum of the day and hour of his doing so, in order to the proving its having been done within the time directed by the order. And so essential it is considered that every person who may be affected by the consequences of the bill should have had previous notice of its being applied for, that it is further ordered PRIVATE BILLS. Duty of Solicitor. Previous application must be made to the owners of lands, &c. affected by the undertaking. List of owners, &c. to be made Application sonal. must be per That before any application is made to the House for a bill, or to continue or to amend a bill already passed, for making any cut, canal, &c. for the purpose of navigation, or for supplying any city, town, or place with water, or for making any tunnel or archway, or any railway or tram-road, or turnpike-road; or ferry or dock; pier, port or harbour; erecting any bridge, or for varying, extending, or enlarging any already made, or for making or improving the navigation of any river, previous application be made to the owners, or reputed owners, and occupiers on both sides of the lands in or through which any such cut, canal, river, &c. is intended to be made or pass, or any such line of variation or extension, or such enlargement is intended to be carried, and that separate lists be made of the names of such owners and occupiers, distinguishing which of out. them, upon such application, have assented to or dissented from such intended cut, canal or other undertaking, or are neuter in respect thereto. The application directed by the above order to be made to the several owners and occupiers, whose lands or other property will be affected by the proposed undertaking, is understood, although not expressly so mentioned in the order, to mean a personal application; which mode must, therefore, where practicable, be pursued, and recourse be had to application by letter only, where the party is absent in a distant part. On making the application, it will be proper to shew and explain to each party the map or plan and section before directed to be delineated, as it will obviously be desirable, to prevent misconception, to get him to put his own name and consent, or otherwise, in a draft or rough form, of the list to be afterwards prepared pursuant to the above order, with respect to each house or distinct piece of ground affected by the measure, of which he is owner or occupier; but if he decline to do this, it will be advisable to write the same in his presence, and in the presence of some attendant witness. But, in all events, the substance of the particular answer received, or reply made, must be noted down, SUP.-VOL. III. F PRIVATE BILLS. Duty of Solicitor. Form of list of owners. that the House may decide upon its import; and should the party be absent, this must also be specified, together with any reply to the application which may be made by any other person, by his direction, or as his steward or authorized agent; and should the owner or occupier be under age, a lunatic, or the like, a similar application must be made. to his guardians, trustees, committees, &c. Moreover, if the undertaking will interfere with any common, public river or stream, or turnpike-road, like application must of course be made to the lord of the manor, commoner, persons having a right of piscary, turbary, &c., trustees of the road, &c.; the desire of Parliament, in all cases of this kind, being to obtain the sentiments of all persons whose interest is in any manner concerned in the measure proposed, in order that it may judge of its expediency, as well with regard to individuals as to the neighbourhood and public at large. The list of owners or occupiers is usually, as the most convenient mode, made out in a book, similar to the book of reference already mentioned, and must contain the name of every person whose lands will be in anywise encroached upon by the intended bill-distinguishing the township and parish of each owner or occupier, and also whether the person named be owner, or only occupier, or both. In doing which, the usual and most approved mode is to make out, in the same book, a separate list of each, in the following form: 2" Lists of the names of Owners or reputed Owners of Property intended to be taken under the sanction of an Act of Parliament to be obtained for, &c. [stating the object of the act]." PRIVATE BILLS. Duty of Solicitor. List of the names of Occupiers of Property intended, &c. (as above). No. on Plan. Occupiers. Assents. Dissents. Neuter. PRIVATE BILLS. Duty of Solicitor. Expense of the undertaking to be ascertained. Besides the above lists, there must be prepared, by the solicitor, an estimate of the probable expense of the undertaking; for Parliament will not sanction any wild scheme of which the expense is wholly uncertain, and the amount of which may exceed the means of the projectors to accomplish. It will further be expected, that the major part of such expense should be forthcoming when called for; as otherwise the work might stand still, after the property of a great many individuals had been sacrificed without any benefit eventually accruing to the public. The least proportion which, in ordinary cases, will satisfy Parliament on Subscription-list this head, is three-fourths of the whole. And that this amount is likely to be prepared. to be raised, a list will be required to be produced of the names of the subscribers, and of the sums they respectively intend to subscribe; but if this list should fall short, and profits are expected to be derived from tolls, or are to be raised by rates, the probable amount of these will be taken into the account in aid of the sum required, if expressly stated as an aiding fund. Time of completing the undertaking to be specified. This subscription-list must be verified to the House as to its accuracy, and, therefore, should be conducted by some person of whose testimony there cannot be any reasonable doubt; and if he be attended by a witness to attest the respective subscriptions, it may prevent the delay which would occur by the death or illness of the principal, and is, therefore, a proper precautionary step. In circulating this paper (or rather parchment or paper-book, which, for superior durability, is preferable) for subscriptions, care must be taken to guard against the admission of any party whose testimony may be deemed material for the support of the bill; as no subscriber to the undertaking will (on account of his supposed personal interest in the success of the measure) be admitted to give evidence before the committee. The time within which the undertaking will probably be completed, must also (if it be of a nature to require a considerable portion of time) be stated in the House in some document, before the bill go in to the committee; as it is well known that the deaths of parties, and various |