The Express.
London, England, 1851-05-14 00:00:00

•
MAT 12.
BRIAN r. RTIFORD.—RAILWAT D111.011111.--011at
Amnia', NOTTIE WLATIRX, AMID Unman Ant/ WOl.-
Pll,l BIOAP AVID NAaanw (JACOB.
The bill in thin ease wan hint by Robert &UM. Major
Court, end Frederick Pratt Barlow, proprietors of a
Ligte curith7r of Omen in the (Word, Woreelt...r, and Wel-
vernampton Railway Company, iota.; on behalf of them-
selves and all other the shareholders in the maid eompaa
*swept the defendants, against Francis Buford and e t
ether penons, directors in the Oxford, Worcester and oi-
werhampton Railway, and against the London Worcester,
North
W.ntern, the Midland, the Oxford, Wattmeter, and Wol-
verhampton, and the Gnat Western Railway Companies.
't he farts of the cane, as Mated upon the bill, were as fol-
lon —That in the spring of 1814 the only railway ac-
commodation to Loudest and this South generally afforded
to the district of South Staffordshire was by the

a -
lines dun called the Grand Junction Railway and
the London and Birmingham Railway, which had since
been amalgamated under the name of the London
and North Western Railway Company, and that such ac-
commodation was wholly insufficient to satisfy the exigeocies
of the public and provide for the traffic of that distriet,which
was a densely populated mining and manufacturing die
trict. That in comeamoice of these circumatanees, several '
gentlemen in the district who were deairous of obtaining
other railway accommodation, united in a scheme for
making • new and independent line of railway from Wol-
verhampton to London. 'that having regard to the feet
that the limo of the Great Western Railway Company wee
Gnu completed from Oxford to London, and that such line
wa, on the bread gauge, it wu for the interest
of the pmmoters of the said scheme and the
public that the new line so proposed should
be • railway') from Wolverhampton by Worcester
to Oxford, anal should there unite with the Great Western
Railway Company, and that the two lines sheuld he
w irked In concert together ; that an application was made
to the Great Western Company to concur in arrying out
this 'scheme, which that company agreed to do. That after
some negotiation a provisioral agreement, dated the 15th of
August. 1844, was entered into between the directors of the
Greet Western Company and the committee of management
of the Oxford, Worcester, and Wolverhampton Railway
Company, whereby the ditettors of the Great Western
agreed tee guarantee to thy Oxford, Worcester, and Weaver.
lasinplou Company an annual payment of as,ooot. as per-
manent rent for • leave of the prujected railway, and to pay
over to the Oxford, Worcester, and Wolverhampton
Rail-
way Company a moiety of the annual profits, after deduct-
ing the rent and all the expense of making the line, and the
(ireat Western Cmnpuny also agreed to use their exertions
and influence to obtain an act of parliament at the expense
of the Oxforel, Worcester, and Wolverhampton Company,
but the Great Western ra quired proof—First, of a traffic of
moot. ; secondly, that two-thirds of the landowners on the
line were enno lacing or neutral ; thirdly, the approbation of
the Board o 1 rade; and fourthly. a bona fide subscription
list to the extent of reelagge. These stipulations were agreed
to, and the agreement was signed, and afterwards • sup-
plemental agreement was also executed, by which it wu
provided that the capital of the Oxford, Worcester, and
Wolverhampton Railway Company should be 1,500.000/. ;
that the Great Western Company should guarantee to the
Oxford, Worcester, and Wolverhanspton Company an an-
meal payment of 52,540/., as a permanent rent for a years
lease of the Oxford, Worcester, and Wolverhampton Rail-
way, with a double line of broad gauge rails, complete, with
various other stipulations ; that the sulocribers' agreement
of the Oaford and Wolverhampton Company, dated the
Ist October, 1/114, was prepared anal executed by the share-
holder., and thereby it was amonost other things provided,
that the provisional committee of the company should be at
liberty, and should have full power to enter into and make
with the Great Western Company such further agreements and
arnaturements for carrying into, Wort the two several agree-
Ma alt, then entered into between the el irectors ofthe companies
for thepurpou of leasing the emetemphited railway to the
Great Western upon such terni% and with such asodifica-
Bus and generally in such manner as they should think
clearable. That when the Oxfont and Wolverhampton
Company applied to parliament for an act for making
their railway the hill was "mewed by a rival line called the
London, Worcester, anal South Staffordshire Railway,
which was supported by the London and Birmingham Rail-
way Company, and was to run into their line at Trine.
That after a MCIIPT.• struggle in parliament the prnmaters of
the Oxford and Wolverhampton Railway established their
ease, and obtained their art, which was Inwood on the 4th ,ef
August, 11144 ; that by the 4th aectiorn of the act it was
enacted that the capital of the company should he
leseo,ollol., and by the 11th section, after reciting that the
formation of the railway thereby authorised would Ire bene-
ficial to the interest. of the Great Western Company, it
was enacted that the Great Western should be at
liberty to subwrihe towards and become shareholders
in the undertaking to as. extent not elm-ding 750,0001.,
curb sum to be raised lay the Great Western Company in
manner there prescribed; but it should not be lawful fur
any of the directors of the Great Western, nnr for any per-
son appointed ley them, to vote un their behcelf at any meet-
ing of the uompany in any questieen relating to the sale or
lease. of the said railway to the Great Western Company.
It was also provided that the Great Western Company
should nominate a certain number of their body to be direc-
tors oef the Oxford and Wolverhampton Railway Company.
By the 3tith ',titan it was carted that the said railway,
branch railways, and works should be constructed and com-
pleted in all respects to the satisfaction of the engineer for
the time being of the tireat Western ltailway Company ;
and the said railway should he formed of such gauge, and'
weeding to such mode of renstrection, as would admit of
the tame being worked continuously with the Greet Weat-
ern Railway ; and that on such parts of the railway
as acre intend"' to, he connected with the Birming-
ham and Gloucester Railway and the terand Junction
itailsrey additional rails should be laid down so as to be
adapted as well to the narrow as the broad gauge. The act
then contained certain proreans as to the payment of tolls
to the River Severn Navigation. It was also enacted that
it should be lawful for the cummtay to let on lease the rail-
was. sad wafka Oa any part thereof to the Great Wedll2lll
Rale ay Company for such term of veers and on such rem.
detains rs might be mortally agreed on, and that it might
lw lawful for the Great St eatern Company, with the ap-
probation of three-fifths of their abandantelers, to accept such
le ; and it should also he lawful for the Oxford and
Wolverhamptom Railway Company, with the authority of
three-fifths of the votes of the proprietors present at a
general meeting spa-idly convened for the purpose, to Sell
and transfer to the Great Western Company, and Inc the
Great Western to poweluee the said railway, and it should '
he lawful few the Oxford and Wolverhampton Railway and
for the Great Western Company to make- and enter into
such cent races and agreements for re-eating the p uris nes of the
sot, or for °thereon, working or using the said railways
a. the companies might napectively deem advissble, and
any armament nude previously to the peeing of the act
should be as hissiline as any subsequently mole agreement.
And it was ado. enacted that in the event of the Oxfonl end
Wolverhampton Railway Company failing to complete the
railway and brunches within the period limited by the act,
it should be lawful for the Gnat Western, after giving one
month's notice of their intention, to riv!cr upon the Laid rail-
way, and enema! with the construction thereof, and to
exercise all or any of the power. of the company thereby
incorporated in relation thereto. 'lhe hill then stated that,
in pursuance of the met of parliant ut, the Great Western
Company haul taken shares. and had from time to time ap-
pointed members of their own body to be directory of the
Gator& Worcester. and Wolverhampton Railway Company;
that by subsequent acts the Oxford, Worcester, and Wed-
verliamptam Railway Company hod been authorised to I
make certain branches from time to time to their railway ;
that a committee wax afterwards appointed to enter into
the nereseary arrangements with the Great Western Company;
thaait was 'slim evident that by reason of the change and addi-
!ems requited by am of parliament to be made in the line,
the capital of 1;0.0,0001. would meet be sufficient for the
construction of the line. The Oxford, Worcester, and Wol-
verhampton Company therefore thought it desirable to
have an arrangement with the Great Western for the en-
largement of their guarantee, and an application to that
effect was made, in answer to which the chairman of the
Great Western weekk• word that he fully admitted the rea-
tionableneo of the grounds on which the application was
made for an alteratian in the terms of their agreement, pro-
vided ths increased amount of capital were not excessive,
and that it should be limited to some specific extent; that
to consequence of such last mentioned letter the Oxford,
Worcester, and Wolverhampton Railway Company caused
revised estimates to be male of the total amount of capital
required, and such estimates amounted to 2,199,9141; that
at a general meeting of the Great Western Company, reso-
lutions were passed empowering the directors to modify
the terms of the agreement with the Oxford and Wolver-
hampton Railway Company by extending the gua-
muter to such sum as should be required for
'Mashing the railway, and tieing the rate of in.
taut at 4 per cent. per annum; that the Oxford, Wor-
cester; and Wolverhampton Company proceeded with
their works, and the same were lad out with the view of
working the line in connexion with the Great Western
Railway upon the broad g-auge, according to the provisions
of the acts, but that difficulties baring arisen in raising the
neetuary capital for the works, the further progress thereof
was partially suspended.
The bill then stated that very recently a majority of the
directors of the Oxford, Worcester, and Wolverhampton
Railway Company had determined not to carry into effect
the aforesaid modified agreement with the Great Western,
or to enter tutu any. other agreement with them, se to work
the line in connexion with the Great Wastes. But they
bad lately, under the influence and control of the London
and North Western Company and the Midland Railway
Camogony, entervd into an arrangement with slaw **pipet-
miss In the following edict :—" The hoe bones Oxford
mid Timilie be completed as early aapessible_ tbsaarrow
cr. hid down the whole wag so a double line from
oreton, and ea • dagire hen sae of these
rto °abed, to be made • the bowrover who
rs& required it. The
.I.lmoe
_be mondani he years
be North Western and Mimi Oompoodese tbs rates
pot mils being 'uniform so sila Os *NO lieti ea be &Row-
be Was The raradda km all sousses to Its amid
Is a 'moos furl ems of whit nh, dogse to be
Eras Is the oho stood : to the
fasZtilforosster, he
W
go he dsbardssa sbross
he Of wear sum ass esseshis NAM shrfail
year h per be solasheit within soh Ink So isseids hr
sasb_ll.l I=ie M him by he Lseho
sad Wish Watts sad hr mith(
oreopee, !Nor and her, fie, ; • CsiErislobes 4:11=
soodo (he orms. Keay, emu 1 le be
Is Ibestsperioos et two-tkirde to the Weramtm.
sod b
"WOh t' sad oartbied ft the Lam
eel Noah Wafts sad Cospriss Ibem
resolph MA* por Amu% Am
all resipb is moo et WhINAL Is bo
Mews's Ow adhsw 08111,111.11;
10/11.11 ism te M AMA Or be Oz hei =IV

verhampton Company for ail train passing over the three
lines. And, by the said I, it wee provided that
so moos se any portion of the fins wee seedy for working,
Mr. Glyn was to fix the terms as between the company ou
whose line the aim abutted, and the Oxford, Worcester
and Wolverhampton Company, cm which the same wee to be
worked until the whole were completed." And at a board
meeting of the directors of the Oxford, Worcester and Wol.
verhamptaa Railway Company, held on the 21st February
last, • resolution was passed for fixing the seal of the com-
pany to this agreement; and certain resolutions were
tweed, am of which was, " That nothing In the agreement
should compel the company to havens the act of parliament
in YeApeet to the gauge or the railway." The agreement
had also been signed by the other companies, sad steps
were being taken to carry it into effect. The plektilh si-
nged, by their bill that such agreement was costrary to the
interests of the shareholderiin theOxford,Worcester,andWol-
verhampton Railway Company, and contrary tothe eanetlin-
tion of the company,and to the spirit and express earehaeate
of the acts of parliament under which the empeay wee
constituted, and that neither of the three Tedtwaye had
any power given them by act of parliament W enter into
such an agreement; that the Oxford, Wereeeter, and Wol-
verhampton Railway would cross the Ilminshana and
Gloucester Railway at Abbotswood, ea& that in pursuance
of the set of parliament the °shed. Weeseeter, and
Wolverhampton Railway was to he semerneted through-
out its whole length of the same gray se the gauge of the
Great Western, soma to admit of the same being worked
continuously with the Great Western Railway, and that
between Abhotswood and Wolverhampton, and on the
branch lines of railway which diverges' from the main line,
additional lines were to be laid of the same gauge as that
of the Birmingham and Gloucester Railway, commonly
called the narrow gauge; but the plaintiffs alleged that
there was no provision whatever in the acts of paths-
, merit authorising the laying rails on the narrow gauge on
the whole of the Oxford, Worcester, and Wolverhampton
Railway, or in fact upon any part of such line south of
Abhotssr.md ; nevertheless, by the agreement with the
North Western sad Midland Railways, the rails on the
whole of the line were to be laid dawn on the narrow gauge
and the directors of the Oxford, Worcester, and Wolver-
hampton Company were now expending the monies and
funds of the company in constructing the railway through-
out its whole length on the narrow gauge, and in confor-
mity with the agreement entered into with the North
Western and Midland Railway Companies, and for the
purpose of working the railway continuously with those two
lines. The plaintiffs also alleged that the directors of the
Oxford, Worcester, and Wolverhampton Railway intended
to abandon the construction of several branches and works
required and authorised by their acts of parliament. The
plaintiffs further alleged that it was not now and never
could be the interest, now was it the intention of the London
and North Western and Midland Companies fairly and
efficiently to work the Oxford, Worcester, and Wolver-
hampton Railway, or fully develop the traffic thereof, in-
asmuch as the Oxford, Worcester, and Wolverhampton
It -.away was and must be a competing line to the North
Western and Midland Railways, and that it was therefore
to the interest, and would be the aim and object, of the said
North Western and Midland Companies to divert from the
Oxford, Worcester, and Wolverhampton Railway to their
own lines all traffic beyond such an amount of
traffic as would produce the annual sum of 106,000 L ;
that in pursuance of the powers in the act of par-
'lamest for the construction of the Oxford, Worcester, and
Wolverhampton Railway, the Commissioners of the Board
of Trade had lately required the Great Western Railway
Company to complete the said Oxford, Worcester, and
Wolverhampton Railway, and an information had been
tiled in the Court of Queen's Bench, to compel them to
complete the same. Tho bill prayed a declaration that the
last mentioned agreement with the North Western and Mid-
land Rail way Companies was at variance with the provisions of
the acts of parliament, and it prayed that the defendants (the
directors) and all others the officers, servants, and agents of
the Oxford, Worcester, and Wolverhampton Railway Com-
peny and the defendants the North Western and Midland
Companies, and if necessary, the Oxford, Worcester, and
Wolverhampton Company, might be restrained by
the interim as well as perpetual injunction of the
court from carrying into effect the said agreement
and from doing any act towards carrying out or
ratifying such agreement, and from constructing the
• works of the Oxford, Worcester, and Wolverhampton Rail-
way, or any part thereof, pursuant to the said agreement,
• or otherwise, than in conformity with the act of
meet passed in MIS, and from expending the funds of the
company, or pledging the credit of the company about the
construction of the railway or any works thereof, in con-
formity with such agreement, and from using the name or
monies of the company for the purpose of making any ap-
plication to parliament to give effect to the agreement.
Mr. Roundel' l'ulmer and Mr. Lake Russell appeared in
support of a motion for an injunction in the terms of the
prayer, and contended that the plaintiffs on behalf of the
shareholders had a right to have the line so constructed as
to give them the full benefit of the act. The plaintiffs also
contended, that when constructed according to the pro-
. visions of the act, they had a right to have it managed and
worked by those whose interest and duty it was
to work it fur the benefit of the shareholders,
and that the act of parliament was the guide
and law to regulate the working. That the agreement of
February last was in direct violation of the law, and that
under that agreement alone the line never would be con-
strutted, since it WAS not to the interest of the parties to
carry it out. The agreement was in itself illegal, and
ultra sires. The art of parliament was framed expressly to
• give the Great Western the power of purchasing or rent-
ing the line, and working it, and the parties who applied
fur the act did.° with the full belief that no company but
the Great Western would be able or willing to carry on the
Craig to the extent required by the district. The plaintiffs
allege that in order to develops: the full benefit of the traffic
of the neighbourhood it was necessary that a new line
should be opened in union with the Great Western ; and
, the history of the transactions before the act was obtained
proved incontestably what was the intentiou of
the parties who obtained the act. Before it passed,
the bill was opposed strenuously by the influence
of the North Western Company. The bill was at the
same time supported by the Great Western, and all the
clauses were framed with the express object of having the 1
line worked in conjunction with the Great Western. It
• was unanswerable that the act intended a broad gauge to
be laid down throughout the whole line; there was, in
, fact, a legislative enactment fur that object. The legisla-
, tun: contemplated that the line should be let or sold to the
i Gnat Western only, and the advantages to the Great
Western were so evident, that the act imposed liabilities
. upon them, for which they were to have a per contra advan-
, sage. 'there was this also to be considered, that the Icel.-
lature intended for the public good to give a line competing
with the North Western, and the public would, under this
agreement, be deprived of that advantage The public
would also be deprived of a broad gauge line, which, in a
i country abounding in iron and merchandise, was a matter
of considerable importance.

Mr. Bethel' and. Mr. k'reeling appeared for the Great
Westirn Railway Company, and contended that the effect
of the present agreement existing between the Great West-
ern mod the Osford, 11'orcester, and Wolverhampton Rail-
way Companies was to prevent a lease or sale to any other
company than the Great Western; secondly, that the agree-
ment with the North Western and Midland Railways was
such as could not he carried out, and was contrary to the
terms of the act of parliament; and, thirdly, that it was the
right of all persons interested in the Great Western, as well
as the Oxford, Worcester, and Wolverhampton Companies to
restrain the proposed agreement with the North Western
and Midland Railways. The effect of this agreement
would he virtually to repeal the act and to place the
railway under a totally different management from
what was intended, and to deprive the share-
holdoes of the advantage of a broad gauge, and
the probability of the teak being more fully deve-
loped by persons whose interest it was to carry out the-
line advantageously. The agreement in itself was most in-
jurious to the interests of the shareholders, who would ulti-
mately find that not a shilling would be coming to them.
The only way in which it was possible to account for the
aharehoiders having been so blind to their own interests
was that some of its chief parties managing the affair had
I shares which they were desirous of getting rid of, and had
been able to do so through the contractors, who for the
benefit of the contract had undertaken tohold,each of them,
10.000 shares.
The opening of the case for the plaintiffs has now been
concluded.

Mr. Malin., the first counsel for the defence, commence
hie address just before the ruing of the court.

COURT OF QUEEN'S BENCH—YESTERDAY.
enema u Itssos.—Buoaa Loan Csarani., Ma. JIATICI PAITNION
•1111 MIL lea/10{ WM, Immo.
Ex
Lord Campbell said that the court would not deliver
hudgment in this case until neat term, being anxious to
ave time to go fully through the affidavits, for the purpose
of seeing whether there was any ground fur granting the
application for a rule to show cause.

•
•
THE QI:EIN Y. WILLIAM ATRE.
In this cam a rule bad bees granted, calling upon the
defendant to show cause why a criminal information should
not be tiled against him, for misconduct in his dice of clerk
to the justices of Hull.
Mr. Granger (Mr. Hunter with him) now appeared to
show cause against the rule, and said that there was not
the slightest foundation for the charges made against the
defendant. Those charges were, that in the case of a cer-
tain conviction he had refused to give the names of the con-
victing justices; that he had not filed the conviction, and
had furnished an imperfect copy of it; and that in doing so
he was acting with the mayor of the borough, and with a
corrupt intention.
Me. Watson (Mr. Bayley with him) here interposed, and
said that after having read the sadavits filed in answer to
the application, he was bound to admit that the defendant
had completely answered the °bargee made against him, and
that he must submit to the rale being discharged.
Mr. Granger then said the rale must be discharged with
oasts, and the defendant would then leave the court without
the slightest imputation upon his character.
Rule discharged with coat.
munds ; first, it was lapwing* to calealate the value of
esecoatiogent liability; sad secondly, it was a sum to be
paid est bads to accrue alter Wbeakruptey, and which
ININSINISSI could never take, sad the bankrupt would
tamers get rid of the liability, and yet retain the fund
whisk was to enable him to mat It.
The rest of the court concurred.—Judgment for the
plaintiff,
Tan (ICE= r. Tan AMIZZOATS, NOTELSOKAII, BOS-
TON, AND FaSTIIII COOMBE siENCTIOM RLILWLT
C . .

hl.;.i'eiSock applied for a isasdaass to the above con-
posy to make their law between Asaborgate sad Gess-
WAN. He applied sow basun the onspuleory powers
would moire I. July seztomid vadat the meat &Wakes at