The Sun.
London, England, 1838-04-06 00:00:00

PRIVATE BUSINESS OF PARLIA

MENT.

COMMITTEE ON BILL (WEST SCOTLAND
LIST.)
Lord Wit.LiAll BENTINCK iR the Chair.

Edinburgh and Glasgow Railway Bill.—On the assembling
of the Committee, a conversation took place as to whether the
clauses of the Bill, or the resolutionsAould be first considered.
It was decided, after the room had been cleared, that the
clauses should have the precedence, commencing with those
which were unopposed, and postponing the opposed ones.
On an understanding, however, between Mr. ANDREWS for
the Bill, and Mr. Joy aga'nst it, it was agreed that the Bill
should be gone regularly through, battling the opposed,
amended, or new clauses as they arose.
On the clause giving powers to the Company to enter upon
a se,eoffnr
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and
oidrifhowsfctoicaol
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enf
rgwsl
aot
winul
deladsuobisnnuestaehtl orect
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lands on the lines for the purposes of the Company, Mr. JoY
proposedp
e i
the
Ca no
nal
pmaeonyd mt
oe npt
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bfoerfooroemtpheenpsaastisoinngt
oof
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in
the Bill. This amendment was negatived by the Committee,
without a division.
Mr. JOY then proposed an amendment of the clause for in-
tersecting small parcels of land, to protect from the entry of
the Company, lands to the amount of one acre instead of half
an acre, as proposed by the clause.
Half an acre being the usual quantity protected, the Corn-
' mittee negatived the amendment.
On the clause relative to compensation in case of obstruc-
tion or injury to the navigation, running parallel with the rail-
way, an amendment was proposed by Mr. Joy to put in for the
words "any accident in the execution of this railway," the
words "any accident caused by the said Railway Company."
Ultimately it was agreed that the words "any accident
caused by the completion or operation of this railway" should
be introduced.
On the clause relative to penalties for impediments, &c.,
on the line of railway, viz., 101 per hour for the first 14S
hours, and 201. per hour afterwards, Mr. Joy proposed an
amendment that the Railway Company shall be liable in the
same way and amount, to the Canal Company, for obstruction
or damage, arising from the operation of the railroad to the
passage and traffic on the canal.
The amendment was negatived ; consequently the Canal
Company will have to rely, in the case of damage by the
Railway Company, upon the verdict of a jury in the usual way.
A discussion arose beteen Mr. Andrews and Mr. Joy, as
to the right of Counsel to speech ; answer and reply upon the
clauses.
The room was cleared, after which the decision of the
Committee was pronounced by the Chairman that Counsel
had such right.
A clause was then proposed by Mr. JOT, to compel the
Railway Company to pay the expense of an archway over a
cut proposed to be made by the Canal Company, as a line of
communication between their canal and another.
Mr. ANDREWS objected to this upon principle, contending
that the expense ought to fall upon the Canal Company, it
being solely for their benefit, and carried through their own
land.
Mr. JOY replied that, although the proposed cut might
never be made at all, yet it had been thought of long before
the Edinburgh and Glasgow Railway Bill was projected;
and he therefore must press the clause.
The CHAIRMAN suggested that Mr. Miller, the engineer of
the Railroad Company should be examined as to the locality of
such cut, and the apparent objects of it. Mr. Miller was ac-
cordingly called.
Witness stated the localities, &c , and that all the existing
works of the canal were crossed at such great elevations by
archways that no obstruction of them could possibly take place.
After the Secretary to the Canal Company had stated to
the Committee the localities and the object of the cut intended
by the canal, and after a conversation between Mr. Andrews
and Mr. Joy,
Mr. Miller stated, in answer to a question from an Hon.
Member, that last session such a clause for a cut had passed,
after considerable opposition.
The room was here cleared, after which the CHAIRMAN an.
nounced the decision of the Committee, that such clause
should be introduced.
Mr. Jot' then proposed a clause that, in addition to the
screen clause, a clause should be introduced, making the
Railway Company liable for damage from accident by horses
taking fright, from noise, &c, near the line of Railroad, occa-
sioned by any of its operations.
The room was cleared, and, on our re-admission, the CHAIR.
MAN announced the decision of the Committee, that the clause
was rejected.
On the clause as to the right, and regulation, and retention
of footpaths, the word "Justices" was proposed to bestruck out.
The amendment was agreed to.
On the clause relative to the purchase of lands, an amend-
ment was proposed that the words " from parties who may be
willinz to sell the same" be introduced.
The amendment was agreed to ; as were several others of
no importance, but merely restricting the Company upon
points of purchase, compensation, &c.
Various unopposed clauses were passed, up to page 63 in
the Bill.
The Committee adjourned, at four o'clock, until eleven
o'clock on Monday next.
COMMITTEE ON BILL (WEST SCOTLAND LIST.)

Lord WILLIAM BENTINCIC in the Chair.
Edinburgh and Glasgow Railw.ty Bill.—This Committee
assembled at eleven o'clock, and were occupied until nearly
one in the reading and passing of unopposed clauses.
The schedule was next gone into, which, after one or two
trifling alterations, was agreed to.
The opposed clauses followed, commencing with the Jury
Clause, page 42 in the Bill ; an amendment was proposed by
Mr. Joy, on the part of the opponents to the Bill. Upon this
the room was cleared, and amendment negatived. The par-
ties for the Bill had proposed an amendment, as to time of
notice of damage to be assessed by the Jury. This amend-
ment was decided to stand.
A few other trifling amendments followed, chiefly as to the
more accurate wording of clauses.
coo to give to
tfoultfihtem Sell:tcroifff, thein
o
Upon the clause, page 62, relative to the fulfilment of the
subscription contract, an amendment was proposed by Mr.
contract, and the
peculiareffcelso to ju
tofwhicrilwidtiunld b
ase
to
appoint a tribunal of review before the
Lord Ordinary, in the Courts in Edinburgh.
The amendmentNoiid fo
was opposed
the
Bill, as
by Austin,r.an
u bhwe
ahrod appeared
pearedto-day with Mr. v
juris-
diction, and Una likely to be endless in pra,:tico.
Mr. JOY replied, in support of the clause ; and excited con-
siderablo merriment by the hurnourous manner in which he
taunted his Lelroed Friend, Mr. Austin, with having, upon
some other Bill last year, argued strongly and loudly in favour
of an amendment similar to the one which he now found it

convenient to oppose.
The amendment was negatived.
Upon the clause relating to tolls, page 98, Mr. JOY pro-
posed an amendment of reduction, on the ground that whilst
thaeag Come, the Company held out to the public the temptation of cheap
rr
amount of tolls and carriage proposed was very
carriage,
exorbitant. The difference was as one penny to half a farthing.
Mr. AusTisi defended the clause, and contended that it was
p
precisely the same, in words and amount, as that introduced
into the Ayrshire Railway Bill, and other Scotch Bills passed
last year.
Mr. AUSTIN denied this ; and a lengthened argument en.
sued between that gentleman and Mr. Joy, the latter contend-
ing that the rates of tpli or carriage per mile ought to be
lowered, according to the terms of his amendment, which was
to the effect that the Railroad Company should not be allowed
to charge above one-third more than they protpsee4 to cbargp
by this Bill.
The room was then cleared, after which the CII4IAN4N an!

nounced the decision of the Committee, that the clause, as
originally framed, should stand part of the Bill.
The new clauses were then gone into.
A clause, relative to cases in which a special jury should
Le empannelled, was read and passed, with one verbal altera-
tion, not affecting the usual tenor of such clauses.
Mr. HOPE stated, on behalfof the opponents to the Bill,
that, owing to the want of sufficient information, they were
willing t agree to certain clauses as they stood in the Bill;
but upon a distinct understanding of full reservation of oppo-
sition, either before or after the report, or before the Bill had
passed the Commons, or in any stage of its progress before
the Lords.

A clause was proposed to be introduced (page 54) by Mr.
Joy, binding the Company to be answerable for damage com-
mitted by the workmen on the rail Way ; thereby meaning any
damage to any property, &c. (not the railroad works) in the
course of any riots, &c.
The room was then cleared, after which the Committee de-
cided against the introduction or such clause.
The resolutions were next gone into, when a long discus-
sion arose as to the first resolution, relative to the
deposit of ten per cent., as required by the Standing Orders
to be proved before the Committee on the Bill.
The room was cleared, when the Committee announced
their decision to report that, in this respect, the Standing
Orders had been complied with ; and that the parties were
permitted to proceed with their Bill, according to the Resolu-
tions of the House.

The other Resolutions were gone through, without opposi-
tion, thus finishing the proceedings on the Bill before the
Committee in the Commons.
Newcastle-upon-Tyne and Carlisle Railway Bill--(Cum-
berland List)—Passed through Committee : no opposition.