The Sun.
London, England, 1841-02-11 00:00:00

must be considered as little more than a check upon
the possible but improbable case of any railway :com-
pany abusing the power of inflicting penalties entrusted
to it by the Legislature, so far as to make regulations
Which are obviously improper and oppressive.
In several cases it seems desirable that thissupervi-

Isheuld be extended to arrangements and regula-
tions of much more practical importance to the public
than fhaso which nominally inflict penalties, as, for in-
stance., to the arrangements made respecting the public
traffic by different railway companies using a portion of
the satue line in common, or-different railways forming
together one continuous line of communication. But
these are questions for the consideration of the Legis-
lature, and respecting which, having, in the absence of
any power calling for statistical or general information,
no additional evidence to offer, we should not think
ourselves justified in adding anything to the recommen-
dations contained in the reports of the select committee
on

There is, however, one defect in the clauses relating
by-laws so obvious that it only requires to be stated
order to procure its correction. The power of dis-
allowence given to the Board of Trade is intended to
surrs.ede the bylaw jurisdictions of justices of the
peace, Courts of Quarter Sessions, and all other
triLunals, which are expressly repealed by the lOth
section of Lord Seymour's Act. The wording of the
sections, however, which confer this power of disallow.
armedoes not correspond with the language generally
employed in the sections of the different Railway Acts
which provide for the confirmation of by.laivs by justices,
Zee. 'l' he London and Birmingham Act, for instance,
provides for the publication of " all by-laws, orders,
and riales,• which are of a public nature, and relate to
or affect o; her persons titan the servants of the com-
pany," and requires all such by-laws to be submitted
to one of the Judges of her Majesty's Courts at West-
minster for confirmation. The 7th, Bth, and 9'h sec-
tions of the Act for Regulating Railways confine the
jurlrßet ion of the Boerd of Trade " to by-laws, orders,
rules, or regulations, which impose penalties fot their
enforement upon persons other than the servants of
the companies ;" so that, as regards by laws which
affect the public, but do not expressly impose penalties,
there may be a doub,t whether the effect of the Act has
riot been to give to railway comp inies a greater degree
of kt'e,=ponsible power than they before possessed. This
tshoud be pro‘itied for by substituting in the sections
of the Act which create the by-law jurisdiction of the
Board of Trade vords commensurate with those em-
ployed in the provisions of the London and Birmingham
RAI say Act above quoted, and of other Railway Acts.
'rho reasons already stated induce us to abstain from
offeriE:r any suggestions respecting the many ways in
whieV the L:gislature might avail itself of the existence
of the railway department with respect to Bills in their
pregiess through Parliament, and as a means of intro-
ahteing modifications, alike advantageous to the public
and :o the companies, it: the rules and standing orders
which, in the absence of any disinterested tribunal to
which diseretionary powers could be entrusted, it has
'Even found necessary to enforce.
Such ulterior objects, however important in them- '
selves, may, we conceive, be properly left for the consi-
deratim of the Legi'slature, and we are unwilling to
mingle them with thVmore immediate and pressing ob-
ject which we have in view at present. viz., the intro-
duction of such a legislative measure as will give the
Board of Trade the requisite means ef exercising an
effective supervision ot cr railways, with a view to pro-
viding for the public safety.

G. R. PORTER.
FREDERIC SMITH.
S. LAING.
lta:lway Department, Boord of Trade, Jan. 23.

INDIA.

I'be following additional extracts from the overland
.Thimbuy Courier will be found interesting
• We received just before the departure of the mail on
the Ist of December, accounts of the surrender of Dost
Mehomed, with one or two fragmentary notices of the
very severe casualties of the battle of Purwan, fought to
tee north of Cabul on the 2d of Noven her, where the
Dost's troops were totally defeated, and he himself
forced to fly from the field. We here resume with the
Oficial despatch of Sir Robert
.Sale, who commanded in
the action.
• On the morning of the 29th ult. en express arrived
from Lieutenant Maule, commanding the corps of Ko-
histanees,' requesting a party of regular infantry, as all
hie Kuhistauees were preparing to start for Dust Ma-
homed's camp. Lieutenant Laing was instantly de-
spatched with a company of the'27th Regiment to gar-
rison the small fort where Lieutenant Maule was, and
who is still there. At noon of the 29th, the whole
force under Major-General Sir R. Sale marched to a
fort called Bhaglaaluin.' Here intelligence was re-
ceived that the Dost had left Nijrow and come down
into the Kohistau Valley. On the 30th and 31st the
force halted, and a strong reconnoitering party, accom-
panied by Captain Sanders and Lieutenant Broadfoot,
of the Engineers, moved out to survey the country.
On the Ist instant al! marched to Meer Musjidee fort.
Here intelligence reached 'them of the Dost having
moved to Purwan Durrab, a small valley, through
which runs a clear rapid stream, and several small forts
smattered amongst the orchards. It was now deter-
mined to march on Purwan Durrell the following morn-
ing, aed the troops were directed to move as follows :
" The advance guard consisted of four companies of
her letaiesty's 13th Light Infantry, under Major Ker-
shaw ; two six-pounder guns, under Lieutenant War-
burton ; the two flank companies of the 37th Regiment
Native Infantry, and one company of the 27th Regiment
Native Infantry e under Lieutenant Rind, of the 37th
Regiment ; the two squadrons of the 2d Light Cavalry,
and the Shah's 2ci. Horse ; the whole being under the
command of Lieutenant-Colonel Salter. The remainder
of the horse followed in rear.
" About daybreak the advance guard moved off, and
One of our correspondents says, Such a country as we
traversed I shall not forget in a hurry ; the morning
was a heavenly one, and the whole country, adorned as
it is with yellow foliage, with a bright autumn sun shin-
Ilsg on its face, appeared as it ware a shining mass of
gold ; but our road was difficultin the extrame—immense
canals, ravines, deep water cuts, and every possible obstacle
that could present itself to our army. We reached the
Georbund river between eight and nine ; here we
bad considerable difficulty in crossing the guns. This
surmounted, we ascended the high land under the
and Reding a fort occupied, and which had commenced
Ering on us, we formed into line and moved in this posi-
tier) a short distance, where the river issuing through
the Purwaa Pass, obliged us to re-form column. By
this time the villagers were flocking towards us, calling
loudly for mercy, and entreating us to move on quickly
and save their pioperty frem tha hands of Deist Maho-
med's army, which was plundering them and preparing
to decamp. Our cavalry advanced, crossed the river,
and ascended the hank on the opposite side. Dr.
lectiel and Lieutenant Broadfoot accompanied them.
After considerable difficulty we crossed the guns which
again stuck on the opposite bank, which was exceed-
ingly steep. On our cavalry reaching the top of the
opposite bank, Post Mahomed Khan, at the head
of an army of some 4,000 horse ar.d foot, was seen
breaking cover from the town and forts, making the
beat of their way to some heights on the right, which
lay at the base of a high mountain. The scene now
became most exciting. Dr. Lord proposed moving on
the cavalry, and taking up a position on the enemy's
flank ; his request was acceded to, and Captain An-
derson's horse was ordered round to the left to prevent
the enemy turning our flank. The guns were now got
up mad joined the front part of the advance. We then
moved on, and orders were sent to recal the cavalry ;
-before, however, the order reached them, the enemy
had begun to descend on them. Captain Fraser, who
commanded the regiment, gave front, and ordered the
men to draw swords and advance to the charge. The
iSret troop wavered, and the men began to fall back
cat
ta
slow
w
by eights and tens. The enemy were now close on
thethem,
ne amny, w
and theh
oo ffiwceerres ,
movingso completely
o n
th
occupied m
am' determined pace, never anticipating being
w left
fip fight the Dost's army themselves, merely
called out, " Come on I charge ! come on !”
Will it be believed that, led as they went in
this gallant, this noble manner, by such officers as
the 2d are blessed with, the men went threes about, and
catjike a flock of sheep from a force fir inferior to them
lo numbers. The 2d troop did stand better, but they
never advanced, and the left squadron, though not the
first to run, never attempted, nor made the slightestef-
fort to support their gallant commanders, whom they
(saw surrounded and engaged hand to hand with the
enemy. The, Affghan cavalry were now fairly in our
ranks, cutting and slashing in all directions. Dost Ma-
homed led his men down the hill—was seen com-
ing to take off his lohgee from his head, and stand
calling out to his brave followers,' In the name of God
and the Prophet figlatidrive those Feringee Kaflirs out
of the country, or lam gone man.' The cavalry were
now seen coming towards the column in full retreat,
as hard as the horses could lay legs to the ground,
loose horses flying in all direction*, and the Dust's
cavalry pursuing them. Captain Fraser arrived on
his horse, covered with blood. He had received a
deep cut down his back, and his right hand was hang-
. jag to a bit of skin ;he detailed thee disaster in a firm
and collected manner, and was then taken to the rear.
Captain Ponsonby was brought in, he had received a
ball through his left arm, the top of his left thumb cut
off, and a very severe sabre cut across the face—cut-
tiag his right cheek hone, dividing his nose, and ex-
tending across the left cheek, his sword nearly cut in
two, and hacked considerably. The enemy had cut
hie reins, which rendered his horse quite unmanageable,
and one blow, which was aimed at his loins, cut his
jacket and cantle of his saddle. His charger was shot
through the neck, and both ears were taken off. Nearly
all the killed and wounded, iacluding three officers,
were left on the field. Till within a few minutes of
Calstain Fraser's arrival, we were , congratulating
ourselves on the pluck of the enemy coming down,
and, seeing all the charging and flashing of sa-
bres, concluded that our cavalry had it all their
own way ; bait, alas, the enemy's high red banner, which
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