The Sun.
London, England, 1839-11-06 00:00:00

QUEEN'S BENCH.-(THIS DAY

THE QUEEN v. THE BIRMINGHAM AND GLOUCESTER
RAILWAY COMPANY.

aTheppl ATTORNEY-GENERALytoth
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ingßirn them to do what by law they were required to do to
a road near the town of Cheltenham, and which might
be considered part of the street of that town. The
Company had been established by an Act of Parliament
passed in the sth and Gth year of the reign of William
IV., chap. 14, and by it they were empowered to make
a railway between the two towns abovenamed, with the
usual powers to alter or divert any roads, and where the
road crossed the Railway they had a power to
conduct the road over the Railway, so that it might
proceed upon the level. There was a clause in
the Act, 41, which required the Company to re-
construct the road in such cases, and restore it to its
original state within six calender months of the com-
mencement of their operations. Now the road in ques-
tion was one of the most frequented roads in the king-
dom, leading from Cheltenham to Tewkesbury, and where
it crossed the railway the Company had made a bridge,
and he apprehended they were bound to make the
bridge as wide as the road had been.
Lord DENMAN—Is there any provision to that effect ?
The ATTORNEY-GENERAL said the provision was
that the road should be restored to the state in which it
had previously been. That was not disputed unless the
Company was exempted by another section of the Act.
The road, he could observe, was under the management
of trustees, who had made it about 42 feet wide, while
the Company in their viaduct had made it only 30 feet,
and the approaches 24 feet wide, while the elevation was
higher than it ought to have been, and consequently
more inconvenient. It was acknowledged that that
would be an infraction of the Act of Parliament were it
not for the 47th section, which they contended autho-
rised them to construct bridges only 15 feet wide, while
they had made the bridge in question double that width.
It had been judicially held, however, that fifteen feet
was merely the minimum width, and if that were not
so, the moat mischievous consequences would result
to the public. The provision of the 47th Section, on
which the Company relied was, that in any bridge to be
erected for conducting a highway, turnpike-road, or
occupation-road across a railway, a space should be
left of not less than fifteen feet. In the case of the
King v. the Regent's Canal Company, where there was
an indictment against them for not having constructed
a proper bridge, it was contended that, having made it
more than fifteen feet wide, was sufficient, but Lord
Tenterden held that the bridge must be as wide as
the road had originally been, Again, in the case of an
indictment against the Great Western Railway Com-
pany for having made a bridge over a great thorough-
fare only fifteen feet wide, there was a verdict of
guilty against the defendants.
Lord DENMAN---I think that was the Birmingham
Railway Company.
The ATTORNEY-GENERAL said his Lordship was
right. It was clear, however, that the provision alluded
to merely referred to what should be the minimum
width of the bridge, otherwise her Majesty's subjects
would be exposed to great danger and peril.
CoUßT._Take a rule.

THE QUEEN V. FROST.--CRIMINAL INFORMATION.
In this case a rule nisi for a criminal information
against Mr. John Frost, late Magistrate for the borough
of Newport, bad been obtained for a libel upon the
Mayor of Monmouth.
The ATTORNEY-GENERAL DOW prayed the Court to
make the rule absolute, no cause being shown against it.
Lord DENMAN—Are you sure that no cause will be
shown ?

The ATTORNEY-GENERAL had waited up to the
present time, and believed no cause would be shown.
Loid DENMAN—Then let the rule be made absolute.
Shortly afterwards the ATTORNEY-GENERAL rose,
and said he had just been informed that there was a
gentleman in the Bail Court who was instructed to show I