The Sun.
London, England, 1847-02-24 00:00:00

THE SUN, LONDON, WEDNESDA Y EVENING, FEBRUARY 24, 1847

ever answered iti purpose. The Noble Lord, in introducing
the Reform Bill, had allowed a very large number of the voters
of this country to vote without any qualification at all. He
alluded to the treemen and burgesses. He had always been one
of the Noble Lord's best supporters ; and were it not for the
good deeds he had dons in former days, he believed he should
not now support him. He believed hat about 3,000 of his
own constituents were honest men, although they might not be
able to pay rates. —( Laughter.) And yet a qualification was
required from the others, who were not more honest men.
Lord G. BENTINCK said that the Hon. Member who had
just sat down had charged his Noble Friend with a backward
movement. Now he thought that all the Members of the House
who remembered 1831 and 1832, should support the resolution
of his Noble Friend.
Mr. 13. ESCOTT was inclined to support the saotion of his
Hon. Friend, because it would prevent that whole,,ale system
of bribery, which exhibited itself in a donation of coals and
candles. _ _ .

MR. STRUTT'S BILL « FOR REGU-
LATING THE PROCEEDINGS OF THE COM-
MISSIONERS OF RAILWAYS, AND FOR
AMENDING THE LAW RELATING TO
RAILWAYS."

1. Objects of the Act-(Preamble and Clause 1.)
Recapitulates the titles of the Acts 1 and 2 Vic. c. 98 ;
3 and 4 Vic., c. 97 ; 5 and 6 Vie., c. 55; 7 and 8 Vie.,
c. 85; 8 and 9 Vic., c. 20; 23; 9 and 10 Vie. c. 105;
and states that it is expedient to make further provision
for regulating the proceedings of the Commissioners
appointed by the last named, and to amend certain de-
tails of the others. Accordingly, in Clause lit is
enacted that 9 and 10 Vic., c. 105, and the present Act
shall be construed together.
2. Interpretation-(Clause 2.) Declares to what ex-
tent of application words in the singular number and
masuline gender only shall be understood; and what
meaning shall be attached to the words-" Persons,"
"Lands," " Month," "Oath," " County," " The Com-
missioners," " Railway," " Railway Company," and
" Promoters of a Railway."
3. Short Title of the Act-(Clause 3.) This Act is
to be cited as "The Commissioners of Railways Act,
1847."
4. Surveying and other Proceedings by Railway Pro-
moters, preliminary to Application for Bill-(Clauses 4
to 31.) 4. Promoters are to apply to the commissioners
for power to survey, at any time, in the year ending on
the 31st of December, preceding the year in which they
intend to give notice of application for their Bill in
compliance with the standing orders. 5. Notice of such
application is to be given ten clear days before in the
London Gazette, and some newspaper printed or circu-
lating in each county through which the railway is to
pass, specifying the course of the line, the termini, and
the towns through or near which it is to pass. 6.
The Commissioners, on being satisked that due
notice has been given, and on the deposit of a
sum not exceeding 5001. for each mile as security
for expenses (or the giving of satisfactory security),
shall, by warrant under their seal, signed by ten of
their number, authorise the promoters to survey and
mark out the line; and may limit the time within which
this is to be done. 7. The money deposited is to be
paid into the Bank of England, and placed to " The ac-
count of the Commissioners of Railways, ex parte the
promoters of Railway ;" and the cashier of
the bank, if required, is to give a receipt to the person
paying in the money. 8. The Commissioners may draw
chequens for payment of expenses incurred prior to the
passing or throwing out of the Bill. 9. The Bank of
England is to keep separate accounts, and certify
balances in respect of every deposit to the commissioners.
10 Not later than one month after the Bill has passed
or been thrown out, the commissioners are to pay over
the balance remaining, after expenses are paid, to the
promoters. 11. In event of irregularity or failure in
giving the notices prescribed in clause 4, the commis-
sioners may direct such notice as they think fit, to be
given either before or after the 31st of December. 12. By
virtue of the warrant of the commissioners the promoters
may, before the expiry of the time limited, or if not limited,
before the 31st of March next after its date, enter
on the lands through the railway is to pass, survey, run
levels, fix posts or marks, dig, probe, and bore (but not
cut or injure trees). 13. Before entering they shall give
not more than seven, and not less than two days' notice
to the occupying tenants. 14. They are to mark out the
line by a trench or furrow, not more than nine inches
wide, and to put up posts to show the levels. 15. Occu-
pying tenants may require the line to be marked out by
stakes, not more than thirty yards apart, instead of a
furrow. 16. Any person obstructing the survey incurs a
penalty of 51. for each offence. 17. The promoters are
to make compensation for damage occasioned by their
survey. 18. Complaints of damage by survey, for which
she
en ted
makingto
compensationcommissioners
withinbeen
threem a de
of the survey. 19. The commissioners shall order tnhoemonths must
afterb e ptrhe
pay-
ment of such compensation as shall seem to them just :
their decision to be final. 20. When the amount of com-
pensation awarded does not exceed the amount ten-
dered, and in some other cases, the commissioners may
order part of the expense of inquiry to be retained by
the promoters, out of the sum awarded. 21. Plans and
sections of the survey are to be lodged with the Commis-
sioners ou or before the 15th of April first after the date
of the warrant, or on or before the fifteenth day after the
expiry of the time limited for the surrey. 22. After the
deposit of the plans and sections, the Commissionersmay
appoint one or more engineers (or other competent per-
sons) to inspect the line or any part of it ; the persons
thus appointed may give public notice of the time and
place where they will attend to receive information or
suggestions respecting the railway. 23. Special reports
of such inspections to be made to the Commissioners.
24. The Commissioners, after considering reports, may
authorise amendments and empower promoters to sur-
vey and mark out altered lines within a limited time.
25. Plans and sections of the line as intended to be ap-
plied for to Parliament to be lodged with the Com-
missioners on the 31st of July next before the session in
which application is to be made. 26. The Commissioners
are to certify that these provisions have been complied
with as soon after the lodging of the plans and sections
as they conveniently can. 27. The commissioners may
authorise the deposit of plans of a varied line proposed
to promoters by an owner, occupier, or other person in-
crested. 28. When application is to be made for leave
to vary a line for which an Act has been obtained in the
preceding session, or for power to construct a railway
substantially the same as one applied for in the pre-
ceding session, the Commissioners may dispense with
the whole or part of these proceedings, and require any
others. 29. The Commissioners, on application are to
give promoters a certified copy of any certificate in-
dorsed on or annexed to plans and sections. 30. De-
posits of documents not to be made later than 6 P.m.
on the day fixed, or on the day preceding should it
fall to be Sunday or Good Friday. 31. Railways, of
which plans and sections have been deposited and
certified, are to be advertised by the Commissioners in
the London Gazette not later than the 15th of October
each year.
5. Survey and Inspection of Proposed Railways and
Examination of Pending Bills by Commissioners (Clauses
32 to 35).---32. When the plans, &e., have been depo-
sited the Commissioners may name the line or any part
to be surveyed by themselves or some competent officer.
33. tepeciffis objectians in writing to the whole or part of
any railway may be submitted by any person to the
Commissioners within such time and subject to such re-
gulations as they shell appoint. 34. The Commissioners
may hear the objectors and the promoters by themselves
or their officers in such manner and under such regula•
Lions as they may app eat. 35. Far purposes of survey
or inspection, the Commissioners or their officers are to
have each powers, and be subject to such liabilities as
are given to er imposed on them by Act 10 Vict., c. 105,
and have moreover power to possess.
6. REPORT TO BE MADE By CoMmissioNEßS ON
PENDING BILLS (Clauses 36 to 38).-36. The Commis
sioners, at the commencement of each session, are to re-
port to both Houses the railway Bills pending before
Parliament, and to suggest the groups in which they
may most conveniently be considered, and any other
matters tending to facilitate their due examination.
37. They shall also report to each House specially on
every Bill:-the length of line, the gauge, the gradients,
the curves, the embankments, and cuttings, tho tunnels,
the bridges, the level crossings, the sufficiency of esti-
mate, the engineering merits, the capital and loans, the
subscriptions and deposits, the assents and dissents, the
tolls, fires, and charges, the Post-office service, the tolls
on connected lines, the union with other undertakings,
and the general merits of the project. 38. In the case
of competing lines, the Commissioners may include two
or more Bills in one report.
7. PROOF OF COMPLIANCE wITII STANDING ORDERS
(Clauses 39 to 41).-39. " If either House of Parliament
assign to the Commissioners the duty of ascertaining
whether the standing orders of such House has been
complied with," they shall, by themselves or officers,
make inquiry and report thereon. 40. As soon as this
duty is assigned to the Commissioners they shall make
and publish the necessary regulations. 41. Copies of all
such regulations made since the last preceding session
shall be laid before both Houses within one month after
the meeting of Parliament.
8. OPENING or RAILWAYS (Clauses 42 to 47).-42.
Repeals so much of the Act of 5 and 6 Vic., c. 55), (i. e.,
clauses 4,5, and 6), as confers powers of control over
the opening of railways on the Railway Committee of
the Board of Trade. 43. Before any railway company
open any part of their line they shall give at least thirty
days' notice to the Commissioners. 44. Not earlier than
twenty nor later than thirty days after such notice the
company shall give a further notice to the Commis-
sioners, naming the day (not less than ten days after) on
which they propose to open. 45. After receiving the
second notice, the Commissioners shall order the railway
to be inspected, and allow or disallow the opening as
they see fit. 46. It shall not be lawful to open railways
before the inspection and allowance of the Commissioners.
47. For opening without such notices or allowance any
COMPANIES
TOLLS, FARES, company shall pay a forfeiture of 100/., and 201. ad-
ll
ditional for every day the railway continues open with-
out allowance.
returns
fro
from time
eC ut
o..etni GmEe.s
(Clauses 48 tocompanyßcAoemleemVAissY.
56) -48 Every
tootrhe
Commis-
sioners of the tolls,
of those actually 'e., they are authorised to take, and
be set up at every taken.
49. Tables of tolls, &c., are to
201. further for evesrtatpn, under a penalty of 20/., and
50. Compayniesaya during which the neglect con-
tinues.thirty days' notice, and three to give the Commissioners
their intention to alter theirptueblllic fifteen days' notice, ofs,
without such notice, they shall &c.; and if they alter
a
for every increased toll so taken. 51.
a penalty of 201.
re-
duced in special cases without noticel. Tolls may be
each reduction, and the reasons for nrotbut a report of
giving
must be made to the Commissioners. 52. The Commis-
sioners eioners are to report once in every year to ParliamentCunis-
the tolls, &C., every company is entitled tetake ;
what it does take; and to note any alterations since
last report. 53. Commissioners are to direct the at-
tention of Parliament to all matters revising to tolls &c.,
which they think affect the public interest. 54. They
shall intimate in their annual reports, when the time for
receiving the tolls, &c., of any railway approaches, and
state whether any alteration ought to be made. 55.
They are to settle disputes as to tolls, &c., between rail-
way companies and the postmaster-general. 56. They
are to define what trains are " express trains" in the
sense of an Act which allows higher tolls, &C., to be
charged on them than on ordinary trains.
ARRIVAL OF
10. TIDIES OF DEPARTURE AND
wAy TRAINS.-(Clauses 57 to 66.)-57. Companies are
to make returns of the arrivals and departures of all
IMPORTANT TO THE HERRING TRADE. W are e their trains at all their stations within one week after
being required by the Commissioner., under penalty (for
now given e
to nnderstand that Lord Palmerston has succeed d 58. No alteration
in inducing the Ru.son Government to remove the discrimi every failure or false return) of 201.
departure of trains to be
nating duty in favour of Swedish and Norwegian herrin in the times of arrival and ;depart
Commissioners
and will make no conceesion whatever in the tariff that and the public. 59, The time of such notice (except in
fay.,liri the Dutch. The differential duty in favoar Dutch- special c allowed by :he Commissioners) to be :ours
cured lien-lugs iii Belgium -0T icss 16 t""1 days, when the tilts ration is to take place en the
barrel, which is to all intents and purposes an entire prohibi- Ist day of a month ; one month when on any other
tion attic import of British cured fish.-RostAirc ildrertiier. day. 60. Wile Commissioners are to require a register

After a few words from Colonel WOOD,
The House divided, when there appeared,
For the motion for introducing the Bill
Against it
Majority against the introduction —2o
SPEEDY TRIAL AND PUNISHMENT OF JUVE-