The Daily Times.
Liverpool, Merseyside, England, 1861-01-11 00:00:00

RAILWAY ENCROACHMENT AT BIRKENHEAD.

---------
The Clerk read the following communication relative
to. the alleged encroachment by the Directors of the
Birkenhead Railway, on the property of the Dock
Board in Birkenhead :

Morpeth Dock, Birkenhead, 9th Jan., 1861.
TO THE MAlitatAN OF THE MERSEY DOCKS AND
HARBOUR BOARD.
8"
I—l respectfully beg to cal your
attention
conti-
nued attempts of the tirkenhead Railwayn to
Company
ttnheapprn:
prlate part of the street fronting your property in Canning-
street, Birkenhead.
Not content with inducing an Irish lumper to deposit ballast
and rubbish in the public street, and with obtaining recently
(for some ulterior object), front this ignorant man, a rent for
the use of the street, their secretary, Mr. Johnston, is annoy-
in 6 my tenants with notices, such as the one now enclosed..
I have called upan the Birkenhead Commissioners
1n vain to
do their duty in this case
•, but owing to some pecuniary obli-
gations they are under to the railway company, their hands
appear to:be tied,:though they fully admit the justice of my
complaints against the existing nuisance.
Boa
Under theft circumstances I venture to hope that the Dockt
rd will take such measures as they may think desirable
their
Private Property, half of a public street.
This street was widenedabout fittecn years ago, was laid
out under the directions of the township surveyor, has since
that period been used by the public, and kept in repair at the
public expense.
The buildings and erections put up by my tenants many
years ago were constructed under the directions of the sur-
veyor; and yet the railway company, under cover of an agrec-
Ment of
aloneutrality with the Commissioners, to which their
poverty ne induced them to assent (and which agreement
was condemned by Parliament), are endeavouring in an indi-
rect manner to effect a great public wrong. I am, sir, your
obedient servant,
SEP. LEDwAHD.
Birkenhead Railway Company, Secretary's Office,
Birkenhead, Jan. 7, 1861.
Gentlemen,—l am instructed to give you notice that you
must forthwith close the doors and windows of your ware-
house, which you have opened upon the land the property of
this company, in Canning-street; and, should this not be at
fore complied with, proceedings will be instituted against you
the trespass. lam gentlemen, yours obediently,
W. JOHNSTON.
Messrs. Scott, Marsden, and Lewis, Lord-street, Birkenhead.
The Cirentusui said he believed that every word in
that cornmunicatien was perfectly true, ciao WILL LillS
was a moat unwarrantable encroachment on the part of
the Railway Company, who had, as had been stated in
the letter, an agreement with the Birkenhead Com-
missioners, by which the commissioners were prevented
from doing their duty in the matter, and it was clear
they only wanted to keep the question open. As the
board well knew, there was a quantity of land abutting
on the street in question, and if the Railway Company
were seconded in their attempt to get possession of the
half of the street, they would most assuredly take away
the entire frontage of the property of the Dock Estate.
It was a question for the serious consideration of the
Dock Board, and he hoped that they would turn their
attention to it and prevent any injustice being done to
the Dock Estate in this matter. They had every reason
to complain of the lethargy and conduct of the Commis-
sioners of Birkenhead in relation to this subject, but
certainly for- what reason the commissioners were
induced to adopt the course they then followed he knew
not, but he believed, and it was currently reported out-
side doors, that they did so from the reasons stated by
Mr. Ledward in his letter, and from the circumstance
mentioned by him they were persuaded not to take any
action in the matter.

Mr. TOBIN believed that this was a matter that had
been under consideration for some time. The com-
mittee had some time since instructed their solicitor to
take some measures by which he could be enabled to
contract an engagement with the parties interested in
the matter. They would probably recollect that the
street bad been widened many years ago, some fourteen
years, and had been since that period used by the public
as stated in the letter read. The curb was repaired,
and the road so set and marked out that it really
formed part and parcel of the public street and
highway. As far as he had been able to ascer-
tain, the Birkenhead Commissioners, about two .or
three years ago, entered into certain arrangements
with the directors of the Birkenhead railway. The
nature of the arrangements stipulated between the
Railway Company and the Woodside Commissioners
had relation to a sum of money, lent to the latter, and
in consideration of which the commissioners bound
themselves not to oppose the giving up to the Railway
Company of a portion of the street now referred to.
They thus virtually sold the land by their agreement.
He thought, however, that the Dock Board ought not
to let the matter rest in abeyance; and, as a public
body, they should not rest quiescent, but recover what
was really and legally their own. They should afford
Mr. Ledward and the public every protection in their
power, bacause by doing so the Dock Board would be
only fighting their own battle. (Hear, kear.)
Mr. BOULT asked if this was the piece of land which
the company wanted to steal from the dock estate some
time ago, when they could not get it by fair means ? (A
laugh.)
The Clerk replied in the affirmative.
Mr. BOULT further asked was there not an Act of
Parliament in existence by which the company bound
themselves to build a bridge over the land in dispute ?
The CHinudsx--Isio, no.
Mr. BOULT thought that the company were under an
obligation to build for public protection, a bridge across
the street, but it seems he had been mistaken; and by
virtue of an Act of Parliament obtained by them, they
were relieved from doing this. •Ru.
But, certainly, their
conduct in the whole transaction was not at all creditable.
After attempting to obtain possession of their (the Dock

Board) property by an Act of Parliament some two
years ago, whett the board fortunately defeated their' in
their scheme, they now *anted to 'steal it by bitllYing
Mr Ledward.
Me TOBIN remarked tlfTkt tit statement of the last
speaker Was net adttgether correct. The object of the
bill brought before the Imperial Parliament at the time
itt reference to the portion of land along the -Street re-
ferred to, was to stop up the 'street right abreis; and
divert the traffic. It was then thought advisable to
build one bridge ti*ef the land, but the company got it
repeated by showing it was better to cross on a level
Seine time after the company again seemed dissatisified

with this plan, and showed that it was unsafe to cross
on a level. (A laugh.) So the matter now stood ; but
they could not have attempted to suck for these powers
ilio►n Parliament without first applying to the board of
Trade.

;
Mr. LArnii made a re* ObstlVatioils relative the
width ot the titeel, and the agreement entered into be-
t Ween the Railway Company and the Birkenhead Com-
missioners:
Air RaociLiriANK. said that
,Airheif the repr.'etetita-
tiVes of the i•ailWaY C:otniiany had had a personal inter-
view with the committee, with the view of coming to
an amicable mode of settlement in this vexata questio,
they declared that they had an indefeasible right to the
property. On the other hand he thought that the
Dock Board had only one way to establish an indis-
putable claim to the lands and that was by retorting to
a legal process;

•
In reply tb a duestlo!l fromOf the I;eal:di
T.lO tI ilthifd !did that iie ivas engaged
on the matter at present,
The CHAIRMAN suggested to have the letter referred
to the Committee of Works.
Mr. TOBIN said that Mr. Brocklebank forgot to men-
tion what circumstances induced them to adopt such a
course, or what reason led them to take such steps.
Mr. BROCKLEBANK—They certainly did not give any
reason whatever except that they had an indefeasible
right to the land.
The CHAIRMAN—In fact they made a bold claim to
its possession:
The subject then dropped:
A letter was read from Messrs T. and f. Harrison,
engaged in the Liircrpeol and Charente trade; asking
for accommodation in the Prince's liocit.lleferred.
A letter was next read from George Harrison, on
behalf of Messrs. Peto, Brassy and Co. This communi-
cation stated that they were about to charter several
vessels to come up to the Canada Yorks at Birkenhead,
for the purpose of shipping locomotive engines, &c., and
asking whether they would haVe to sign the usual
printed forms of indeninity.
The matter was referred to the committee.
MONUMENT TO THE LATE JESSE HARTLEY.

Mr. MONDEL asked a question as to what progress had
been made with the erection of a testimonial or monu-
ment to the late Jesse Hartley, as it was a subject in
which a great number of persons in the town were
deeply interested.
The CHAIRMAN said he had no doubt the committee
would inquire into it.

kr. E A,xs hoped their *dnid dd nb Stich thing, as
the noble doths.thenisclteg *ere a stifficient monument
to the memory of so great a man.
The following abstract was also submitted :
Abstract of the number of vessels wh;ch have passed through
the Reek Chanßel durieg the year 1860 :
Month. Inwards. Outwards. Total.

547
329
483
458
643
hlk)
478
571
• 615
408
▪ 477
256

January)
February
March
April
May
June
July
August
September
October
November
December

525
400
453
508 . 958
577
555
521
515
4-3
478
4 8
344

5,817 3,726 11,513
Total intercourse in 1839

Decrease
SERVICES RENDERED BY THE LIFE-BOATS DURING

THE YEAR 1850,

Liverpool : Assisted schooner Major, on North Spit (five
persons rescued) ; ship Endymion, on fire in the river; ship
Tranjeska, in Horse Channel; schooner 11. G. Brewer, sunk
on West Hoyle.
Magazines : Assisted schooner Major, on North Spit.
Formby : Nil.•
Hoylake : Assisted schooner Major, on North Spit; smack
Druid, on 'Hoyle Bank (three persons rescued) ; fishing smack,
sunk in Hoylake (one person rescued) ; schooner H. G.
Brewer, on Westiloyle ; flat Brewers' Hall, on East Hoyle ;
sloop Britannia, on East Hoyle.
Point of Ayr : Assisted ship Tranjeska, in Horse Channel ;
two flats on the main, west of Point of Ayr ; flax York, on the
main, west of Point of Ayr ; schooner H. G. Brewer, sunk on
West Hoyle; flat Brewers' Hall, on East Hoyle; barque,
unknown, on West Hoyle.

Total number of vessels assisted in 1860, 11; ditto in 1859, 11.
Total number of persons rescued in 1860, 9 ; ditto in 1859, 4.
Number of services rendered from each station : Liverpool,
4; Magazines, 1; Formby, 0; Hoylake, 6; Point of Ayr, 6.
The board then rose.