The Express.
London, England, 1847-02-12 00:00:00

of the Meat's, sad another, in cams of non-paymeet by tho
landlord, to ham a receiver placed n the set ito flispar-
pre of colthotiog the rates, under the authority et the Comet
al Chancery.
CAPTAIN WYNN'S REPORT.
Mr. C. O'BRIEN moved fur a variety of returns me-
meted with Capt. Wynn's statements respecting the Lir
manor relief committee, and the question hetweea Capt.
Wynn and Mr. O'Brien, on the subject of public arks la
County Clare.
The CHANCELLOR of the EXCHEQUER having
assented to the returns:
Mr. LABOUCH ERE said, that whether, in this parties-
laz case, Capt. Wrin's zeal had carried him beyond, as wee
alleged, his discretion, he was not in a position to deter-
mine, but this he felt bound to declare, that Capt.
Wynn's general performance of his duties in county Clam
had been such as to merit the highest commendations en
the part of the government. the energy, activity, and
ability he had displayed in checking the manifold abases
he found in practice there had been most exemplary. As to
the complaint put forward by the hon. gentleman opposite,
the government were must desirous that the whole atter
should be thorousthly cleared up.
Mr. C. O'BRI EN said that he was prepared to disprove the
whole of Captain Wynn's statements by the most authori-
tative evidence. The hon. gentleman went on to make some
observations, but we could scarcely c .11cct • single word of
them, so indistinct was his delivery.
After a short conversation, the returns were ordered.
COMMISSIONERS OF RAILWAYS BILL.
Mr. STRUTT said that on the transference last year of
the (wren, respecting railways, of the Board of Trade to a
specaal board, it was understood that in the present session a
bill would be introduced to regulate and define the defies
▪ that special board. In conformity with t•iis understand-
lag he was now prepared to bring in a bill, the provisions o.
which he would beg to state to the house. The bill would
naturally be divided into two parts, the first relating
to the preliminaries to the introduction of railway bills
into parliament, and their preas through the house, the
second, to the regulation of rwas a, which have already re-
ceived the sanction of the legislature. The first portion of
the measure he proposed to every into effect partly by bill,
and partly by certain alterations in the timeline orders.
Thus, any interference with the privileges of this or the
other house would be carried into effect simply by an altera-
lien is the standing orders ; so that the house would not part
with any of its jurisdiction, but remain altogether in • posi-
tion, if it thought fit, to resume any portion of that jurisdic-
tion. The first part of the measure related to the surveys
which the railway companies bad to make befora they could
bring their project before parliament. There was an sno-
ttily on this point, which had excited much attention both
in and out of the house . before a company could bring its
hill into parliament, the house required that the plena and
*actions should be deposited, the maul of a careful survey of
the whole of the gr.und: tit gave them no power of
entry in order to make these surreys: so that in point of
fact the Infuse called upon them to do that which, where
there was opposition on the part of landowners, could
only be done by a breach of the law. (Hear, hear.)
Great :nimbler had 'risen from the want of power to make
surveys, and therefore it was attempted in this bill to find a
iemedy. The geed difficulty was that it would not be fair
to give companies iucreastd powersto enter lands unless you
gave at the tame time to landowners a cheap and easy mode
of obtaining compensation for any damage that might be
done. To meet this difficulty he proposed that before the
promoters of a bill be empowered to enter land for the pur-
poses of survey, they should apply to the railway commis-
sioners, and deposit with them a sum sufficient in the opinion
of the board to cover any claim that might be made
for compensation, and Oaten making such deporitthey should
be authorised to obtain the warrant of the commissioners
to enter any lands that might be neccoury for their pur-
pose. If after suih entry the owner of the land applied to
the railway company for compensation for such damage as
might have been done, and was refused, then the bill pro-
vided that he should apply to the commissioners, and receive
from them • fair. award out of the deposit placed in their
bands. (Heir, hear.) Another point to which the com-
missioners had directed their attention was the great diffi-
culty which persons through whose lands • railway passed
had in ascertaining how their property was likely to be
affected by the proposed line. In railway committees he had
often observed that farmers and other persons of thatch's' had
the greatest difficulty in understanding the plans and sections
placed before them. It was therefore proposed that for
the future there should, after survey for a railway, be fur-
rows made, or stakes inserted in the land indicating the
course of the line, and that on those stakes the number of
feet above or below the level at which the line was to be con-
structed, should be plainly inscribed. by these mean, land-
owner; and farmers would clearly understand how their
property would be affecte 1. (Hear, hear.) The next point
to which he wished to call attention was as respected local
inquiries previous to the introduction of a railway bill into
parliament. (Hear. bear.) Great evil and injustice to land-
owners, and even to railway . companies themselves, had
arisen from the former not having in many cases known the
tonne of a line until it had been actually decided upon. If
a landowner had early knowledge of the injury likely to be
done to his property by the course of a railway, he
might go to the company, point out the mischief, and
suggest an alternative which might he adopted without in-
jary to either party. But under present circumstances, the
answer from • company to such application would be, " We
should have been very glad to adopt your suggestions, had
we heard them in time, but now we have deposited our
plans and sections, and any alteration would delay our Lill
for a whole session." The landowner would thus be ob-
liged either to submit quietly to injustice, or to come before
• committee of the House of Commons at a great expense
both of time and money. What would be the position of
that committee ? By the present regulations, it would be
obliged either to put off for a year a perhaps publicly
useful undertaking, or to commit a great injustice on
on individual. To remedy this evil, he proposed that
the commissioners should, on information or application from
• landowner, after a line had been planned, be empowered
to send a competent person to the spot to inspect the line. Ile
proposed that this officer should, on his arrival, give notice, by
public advertisement, of the points on the line which he in-
tended to visit, and the time at which he would be ready to
receive suggestions from the parties interested. This being
done, he proposed that the commissioners should be autho-
rised to empower tie promoters of a bill to adopt variations
sot included in their original plan, but suggested by the
°fiber. If they should decline, and parties should be
anxious to propose such alterations to the legislation, he gave
tbe commissioners power to authorise such parties to deposit
plans and sections, and to bring them before the parliamen-
tary committee. He hoped that by this cheap and easy
method, much ineonvemence and expense would be saved
both to landowners and promoters of bills. The next step on
• railway bill was the deposit of the plans and sec-
tions in conformity with the standing orders. In this
matter a change had recently taken place, the in-
vestigation of the plans having been taken from the
sabcommittees, and given to the examiners. He thought it
desirable that for the future the duty should be discharged
by the commissioners, or by officers under their supervision,
because the previous engineering information obtained by
them for other purposes would be of great advantage in
ascertaining compliance or non-compliance with the stand-
lag or..ere. The examination respecting the standing orders
bad hitherto been imperfect, because the means of inquiry
-depended wholly on the opponents of the bill, and supposing
there were no opponents, or the matter was compro-
mised, errors seriously compromising the interest of
the public might pass, no evidence having been offered
ea the subject. Now, when qualified persons would be
examine the engineering points of the line,
="sr:a to
wwould be brought prominently befoze the tom-
Mlle& • (Idea hear.) The standing orders having been
V:t be ems next to the point of a railway bill
admitted to that house. Part of the recom-
of the committee of last maim was, that the
emudetienstes should report to both Mae ea the merits of
nary railway bill proposed for the seetiess. This portion of
the nominee's recommendatioa be prepaid to adopt.
(Hear, Mar.) For that purpose it would be nsernry to have
aglow, ma 'sly to examine pleas ad alias, bate enter
open lam, and examine on do spot awry englosseri guar
tfearroadwithtlse line. Of oressamager ontssartalso
he made Or hearing objectless aka the serrianers.
He did net pee that in thine CORD-
ad elessid be Wed.(Coatiaotalins3as reakshear.)
infaess appointed by dis oerrieritren wall hear
Ms the and against thii sa as my pair. of
a quadded prom add he rot Mrs examane
♦ilse sir. In dal sasewelse draht thatallasionserve
reollian et road ad agate right be mils& (Hear,
- how.) wMh repast to the bills pegged, he iniabei that
tie tonalsreser should go beta both kora sod that
. that roper droll seater all the points into- whip cor-
ridor 1111110 user anostad to enquire. That was to say
. into tordaseeng masa fares, tolls, capita, doges, de., to
which the arsadso at anusittote was now ailed. As
11:1117grossf sedbseity to be allaasd to alas sear
l it was not romorry lo decide dhat
teakssymy,
i• tie present bill, Mew they wadi be deci-
ded y Hed
the starling orders, sad sot by the h pro-
em* tbeemmisthimeifilosbefahl he regulate
5 bilk W
bat that tbe to gives to lie rort
•ite regulated by as order, of the report
dealt At the Name time he tiraght it desirable that the
rearroshould be pass/ars aserladve, became the com-
e/a hatssh bar appertain of forming
as gain c mobs dra a osoraittee of the
trmaires aim) Wes ~AM ?squired more
me medideed to the report, then he
would wasesiso them to cepa *speeMly to the hue",
and gemethe the enesabethasee to agar additional in-
formation. a serious ems et bet occur in the
report of the and pollee complain, he pro-
posed that the rewrertia= be :Maned bark for reconside-
z.but virkA this pemiits, that if the error were not
the pales sarlog ta be saddled with all the costs of
liallitleatiSlL (Hest, beer.) On the question of Wl* he
exPoded that the twadedearre' report would be extremely
trend as Mr bass. M=o little more could be done
tiro to adept the sea , hearth bills were never op-
posed am Mt ethastion of tells. The commbeioners would
Yam seeems ef ascertaining the comparative tolls on different
✓ailways, and the extent to which the public interest was
likely to be sleeted by the wale proposed; and therefore he
- thought that a emprehenaive report from them would be of
911111101111 espies to the committee in comin to a
oessisolea es the subject. (Hear, bear.) fi • also
squared isloalie emistence font the oontinissionets' re-
port as le all dares in hills for raising capital, borrowing
memip, perchme, er amalgamation. The hon. member for
Oran had rand this subject, hissing been last session
anima of a oressittee where a railway company about to
pureuese esether railway raised their stock 150 per cent.
above Ito srleinal amount for the purpose. The committee
refer!, d the question to tbo house, and suggested a general
vegetation on the orbfeet. ft had been urged upon him to
retain under this till a vi to for the commissioners on all bill.
• be submitted to parliament but after oossielemtion he