The Sun.
London, England, 1847-05-06 00:00:00

GROUP XLI.

The Committee on this group met at the usual hour, in
Room 13; Lord Seymour in the chair.

DUBLIN AND DROGHEDA (BRANCH mom
NAVAN TO HELLS).

The Committee intimated this morning that, with respect
to this line, it would be expedient to adjourn for a fortnight,
till they received the finance report from the Railway Com-
missioners.

NEWRY AND ENNISEILLEN (AMEND-
MENT).

Mr. ALEXAWDItrt then opened the case of the Newry and
Enniskillen amendment line. He objected to the Marquis of
Downshire and other opposing petitioners being heard against
the line; but
After some discussion, in which Mr. Talbot and Mr. Cairns
appeared for the opposing petitioners, the Committee per-
mitted the petitioners who had land along the line to be beard.
James Breydon, the London secretary of the Newry and
Enniskillen Railway Company, was then examined, to show
the advantages of the line.
Lord Newry and the Marquis of Downshire were then
examined, and the room was cleared. On our re-admision,
The Committee announced that they would not consent
to the Bill unless a clause was inserted to carry out a direct
communication between Newry and Armagh before any
other portion of the line was opened, and they preferred to
leave the details of this arrangement to the parties them-
selves.

The Committee then adjourned till Tuesday next.

GROUP XLII.

WATERFORD, WEXFORD, AND WXCIL-
LOW (ENNISCORTHIr BRANCH).

This Committee met this morning at twelve o'clock; Mr.
Tollemache in the chair.

At the opening of the proceedings an objection was taken
on the reception of the evidence of a meeting of the share-
holders, where a small minority had determined to oppose
proceeding with the Bill. The room was cleared for some
time, but at length it was decided that counsel should be
heard on the merits of the case, and Mr. Sergeant Wrangham
spoke in their behalf.
Mr. AUSTIN replied at considerable length on the side of
the promoters, contending that the Committee had virtually
come to a decision already.
After hearing Mr. Austin's reply, the Committee stated
that, as they had not received the report of the Railway Com-
missioners, they were not in a condition to proceed, and they
accordingly adjourned.

GROUP XLVIII.
The Committee met this morning at twelve o'clock; Lord
Courtenay in the chair.
CALEDONIAN, GLASGOW, GAILNICIRK, and
COATBELIDGE (BRANCH TO GLASGOW
STATION).

The Committee, after deliberation, declared the preamble
proved, and required a clause in the Bill, binding the com-
pany- to construct their works where they passed under the
canal and over the Edinburgh and Glasgow Railway, to the
satisfaction of an engineer to be named.

GENERAL TEEPTXNUS AND GLASGOW
HARBOUR BRANCHES.

Mr. DUNCAN opened the merits of this Bill, which he
stated to be for three short branches; one to connect the
joint line with the General Terminus, and with the Pulluc
and Govan Railway; one to form a junction with the Barr-
head and Neilston Direct, so as to take the goods to the
Goods Depot, or to the Greenock Railway; and one to con-
nect the General Terminus with the Caledonian Railway,
and, by means of the first, with the joint line. The branches
were unopposed, except by the Ayr Company, and he denied
that they bad a locus stundi.
Counsel were heard for the Ayr Company.
The Committee, after the room had been cleared, declared
that the Ayr Company had no locus standi against the
preamble.
Mr. Robson, the engineer, said the length of the three
branches was one mile and a half, and the cost would be
43,6001. They were to effect objects of great public import-
ance, and had to contend with no engineering difficulties.
The CHAIRMAN declared the preamble proved.
The clauses were then read and agreed to.
GLASGOW, PAISLEY, KILMARNOCK, AND
AYR, BRANCHES (No. IV.)

The Committee proceeded to consider this Bill; the only
part of it retained was for making another station in
Tradeston, Glasgow.
Mr. Johnstone, engineer of the Ayr Company, said the
proposed station in Tradeston, Glasgow, was positively ne-
cessary, as the present station was quite inadequate for the
traffic. The cost of the station would be 20,0001., including
.14,000/, for land. _ _ _

The CHAIRMAN declared the preamble proved. The clauses
were read and agreed to.

CALEDONIAN AND DUMBARTONSHIRE
JUNCTION (DEVIATIONS BETWEEN
DUNTOCHEIR LIME-VJOR.IMS AND BOWL-
ING, &o.)

Mr. MACNEIL opened the merits of this Bill. He stated the
deviations were become necessary from the amendments
granted by the Committee in the Garnkirk line. These were
from Hamilton Hill to Dobbies Loan, passing under the canal
southward ; again, at the eastern terminus, passing eastward
so as to join the Caledonian line; third, on the property of
Lady Blantyre, to diverge from her house and grounds, and
to avoid a tunnel near Duntocher ; and fourth, at the western
terminus near lielensburgh, to enable them to pass two
mountain torrents more advantageously.
Mr. Robson, the engineer, was examined, and proceeded
to give the details of the proposed deviations. The cost
of the Glasgow deviations would be 76,5081. They passed
under the canal by a tunnel 500 yards long. The strata
were favourable for constructing.
The Committee then adjourned till twelve o'clock to-
morrow.

GROUP XLIX.
This Committee met to-day at twelve o'clock; Mr. Cripps
in the chair.

CALEDONIAN AND GLASGOW, PAISLEY
AND GREENOCK AMALGATION.
The case on behalf of this line was resumed.
Mr. Grieve, Provost of Greenock, was examined in support
of the Bill. The amalgamation would be the means of
opening up a direct communication between Greenock and
the mineral districts of Lanarkshire, and also between that
port and London and Manchester. Arrangements are in
progress to connect the railway with the harbour, so that
coals could be loaded on the quays.
Mr. Hunter, a magistrate, of Greenock, gave evidence
that the supply of coal at present was limited on account of
the want of direct access with the Lanarkshire mineral fields,
and that it was dear as compared with the price at Glasgow.
He considered the united management and the continuous
line would give them much larger and cheaper supplies, and
enable them to increase their exportation. At the present
time the trucks had to be changed at Glasgow, and tran-
shipments made. The Lanarkshire coal, which at present
cost 13s. Gd. at Greenock, would, he thought, by the amalga-
mated line, be sold for Bs. Gd. per ton.
very well.
examined—Said H
h e knew
ek
de-
cided in Mr. James
Fergusonnwith Glasgow
coals of the Ayrshire and Lanarkshire, and he ga
Avet present
preference to the latter over the former.
many of the ships
on a t
accountG re Greenock oocfk thew ere difficulty
gettingt ot take out
coalsou t
rubble and stones,
cheap enough. This would, in a greatermeasure,beohNia obviated
if the companies as proposed were united in management.
Mr. Baird, a coal-merchant, of Greenock, gave evidence
as to the increased advantages Greenock would receive from
direct railway communication with the Monkland and Ile-
milton coal-fields. At present the supply of coal was limited,
and came mainly by the river and canal from the Monkland
coal-fields.
Mr. Ker, the manager of the goods traffic on the Greenock
line, deposed as to the present traffic, and the great benefits
the amalgamation would confer. The company at present
ran five goods' trains each way daily, taking on an average
321 tons each train. Their engines could take about
three times as much if necessary. The benefits of the undi-
vided management would be to keep up a better staff and
plant, and enable them to give better accommodation to the
public. Hitherto the dividends had been but two per cent.,
but the Caledonian had guaranteed four per cent., with sub-
s( quent advantages.
Cross-examined—The Ayrshire Company did not carry
minerals at present to Greenock, as they objected to the rate,
which was 2s. a ton from Paisley to Greenock. Mr. Dixon,
for the whole distance, was charged ls. 91/2d. a ton. This
was because Mr. Dixon used his own trucks and servants,
and the company had nothing to do but to find haulage for
the traffic.
Captain Huisb, general manager of the London and North
Western Line, said he had formerly been secretary of the
Greenock Co mpany for four years. It was impossible to work a
short line so profitably as a long one. He knew a good deal
of the benefit of amalgamations of this kind. One of the most
remarkable was the Grand Junction with the North Union.
Before the amalgamation the traffic between the two lines
was very small and the rates high, but since the union the
traffic had vastly increased, while the public were benefited
by the reduction of prices. He considered that both the
passenger and the goods traffic would receive great benefits
by the amalgamation.
Mr. Errington, civil engineer, was examined in support of
the previous witnesses. He considered the shareholders
would never get back their capital or interest on it without
a union of this kind. At present the Caledonian had no
port for their 160 miles of railway, while the Ayrshire Com-
pany had access to six or seven ports. He corroborated the
evidence of the previous witnesses as to the cheaper working
of the line under a joint management. He thought 7,0001.
would be saved by the joint management.
The witness was cress-examined at some length, with the
object of showing that with the leases and amalgamations in
progress by the Caledonian, the latter would have port ac-
commodation not only at Glasgow and Greenock, but through-
out Ayrshire.
The Committee then adjourned till to-morrow at twelve
o'clock.

GROUP 1.1.
This Committee met at twelve o'clock ; Sir John Yarde
Buller chairman.
CALEDONIAN AND BRANCEES.
Mr. Hope Johnston, M.P., was called and examined by
Mr. Sergeant MURPHY—He was chairman of the Caledonian,
and resided in a part of the country traversed by the line.
In the year 1836 Mr. Locke was employed by a committee,
formed of persons interested in the districts, to survey the
best route from Carlisle north, and he examined it as:far as
Biggar. Royal Commissioners were appointed, and on their
recommendation the line laid out by Mr. Locke was mate-
rially altered. In 1845 the Dumfries came forward as an
opposition scheme for a through traffic to England. The
Caledonian Company were successful in the contest, but in
1846 the Dumfries again came forward, on the ground
that they were required for the local traffic, and on this
ground solely their scheme was sanctioned. Had he con-
ceived that the North British would be allowed to extend
their line from Hawick to Carlisle, and to strike at the d
En.
lish trade by Brampton, he should have
such a gigantic expenditure as that already incurred by the I
Caledonian Railway, in giving accommodation to Scotland,

and he was convinced that if this rival interest were sanc-
tioned, the result would be, that the energies of both would
be crippled. The Caledonian had no desire to injure the trade
of the Dumfries line, and they were ready to be bound by
enactments to keep engines always ready at Carlisle for the
purpose of forwarding the passengers by that line, pari passu,
with their own. They would, therefore, whether at Carlisle
or at London, through the medium of the London and North-
Western, throw no obstacles in the way of passengers de-
sirous of proceeding by the west of Scotland.
Cross-examined by Sir THOMAS PHILLIPS—The pro-
spectus of the Caledonian Company was before the public in
May, 1844, and in the same year the North British had ob-
tained their Act for giving accommodation by the east of
Scotland, and connecting Newcastle to Edinburgh. The
first prospectus issued by the Caledonian excluded Dumfries,
bt.t he must be allowed to explain to the Committee that
that prospectus was necessarily imperfect, and required to be
improved as the wants of the public became known. He
thought he was right in stating that the Dumfries Bill of
1846 was granted, for the purpose of accommodating the
local traffic. lie did not limit local traffic to the mere dis-
tricts, he understood by the term the trade between the
districts of Ayr, Dumfries, and England. He thought
that the effect of a competition in this case would be to lessen
public accommodation, but he was not sufficiently conver-
sant with railway enterprise to instance a case where rail-
way competition had proved injurious. He had a strong
opinion that competition would lead to irregular working of
these lines.

By Captain P LUAIRIDGI —The reason why the Caledonian
would suffer more from competition than its rivals was, that
for a portion of its course it traversed a very barren district.

By Mr. NEWDEGATE—They would never be free from a
through competition from London to Edinburgh while the
North British existed.

Examination continued by Sir T. PHlLues—lle did not
think that they bad much to fear from competition in their
northern traffic. He had heard a different opinion expressed.
They had endeavoured to secure themselves by entering into
arrangements with the Scottish Central, the Dundee and
Perth, and the Dundee and Newcastle. It was not his own
opinion that the traffic from Kilmarnock—and more espe-
cially the passenger traffic—to England would go round by
Glasgow. He thought that the Caledonian had a prior
right to the district between Annan and Springfield, as they
had laid out their line in the first instance to suit that dis-
trict, and only had altered it at the suggestions of the Rail-
way Commissioners.

y Mr. TON--The Caledonian had entered into arrange-
ments with the Dundee and Arbroath, for the purpose 01
making that line_a feeder to the Scottish Central line._

Mr. -Locke, C.E., examined by Mr. COCKBURN—He bad
originally planned the Caledonian line. The witness pointed
out its course to the Committee. It was always contem-
plated that Dumfries should form a feature in this system of
railway communication, and he knew of no instance in the
history of railways where one series of lines had so injured
and encroached upon another as the Dumfries had
upon the Caledonian. The Caledonian had been eventu-
ally laid out on the recommendation of the Railway Com-
missioners, and on the absence of any opposition immediate
or contemplated ; andi therefore, a considerable portion
traversed a district, which could not, under any circum-
stances, pay a company. Such a district was that from
Moffat to Carnwath. He considered that this country was
overlaid with railways.
By Mr. TOLLEMACHE—It did not follow that trade
would be increased in the same proportion with railway com-
petition and accommodation. It was necessary that a limit
should be placed, because a trade which might remunerate an
expenditure of 16,0001. per mile, would never repay the ex-
penditure of a million per mile. The Birmingham and Derby
was an instance of this, which, having vainly tried to exist,
was at last obliged to incorporate itself with the Midland.
By Mr. COCKBURN—If the North British scheme were
sanctioned, they would have a double means competition,
by Berwick on the east coast, and again"by Hawick to
Edinburgh. If the Caledonian were to live at all, it must
depend in a great measure upon its through traffic.
By Captain PLUMRIDGE—He had in his scheme of 1839,
never contemplated the branch from Springfield to
Brompton.
Lord JOHN MANNERS—Did you ever propose this scheme
until the Dumfries Company had first determined to supply it?
Mr. Locke—That branch was never contemplated until
this year.
Sir THOMAS PHILLIPS-4 hope that answer may not be
considered conclusive as to your Lordship's question.
Lord Join; MANNERS—Oh, it satisfies me.
By Mr. CocKnuusr—lt would be important, as a matter of
protection against their competitors, that the Caledonian
Company should construct the Brampton branch to accom •
modate their southern traffic.
Cross-examined by Sir TIIO3IAS Pfnuirs—The Caledo •
nian, when before Parliament for their Act, calculated upon
an estimated traffic which would yield the proprietors 8 per
cent. That was before any of the north or west branches
were thrown out. He did not know that in this estimate the
traffic from Dumfries and Ayr was taken at something less
than 1,000/.
By Mr. TOLLEMACHE—SO long as the 24 miles of differ-
ence between the Dumfries and Caledonian existed, it might
be considered a sufficient protection to the latter company,
but they could not say that that difference might not be
lessened by the Dumfries. Company in the next session of
Parliament.
By Mr. Burr—lf the lease of the Annan branch were
granted to the Caledonian, he thought it would benefit the
public, and end these disputes.
This closed the case for the Caledonian Railway, with the
exception of the Dalmakedder branch, which it was agreed
should be afterwards considered.
THE NORTH BRITISH
__COMPANY.

Mr. TALBOT opened the case.for the Caledonian
Company,
----
and contended that as the East Coast Railway was first in the
field they should be allowed to extend their scheme from
Hawick to Carlisle, thus giving accommodation to a district
which, by the system of the Caledonian Company, would be.
altogether deprived of it.
Mr. Rutherford, Crayling, Roxburghshire, said that the
county was an important agricultural one. The acreage at
present devoted to agricultural purposes (the greater quan-
tity being for the rearing and breeding of sheep) wa5437,421,
and the capital employed was upwards of a million and a
half. There was grown of different descriptions of grain
270,999 quarters, and of this quantity there might be ex-
ported 71,000 quarters. This would be sent to Hawick,
and westward to Dumfriesshire and Cumberland. Seed
was also exported from Roxburgh to these 'counties,
because it was considered of a superior quality. Great num-
bers of cattle were imported for the purposes of feeding from
different parts of Scotland, from the Highlands, and from
Ireland. There were many markets in the district for the

sale of these cattle, which-would be on the line of railway.

The cattle at present imported were driven, but they could
be fattened at a less cost if the railway were constructed, as
it would do away with the fatigue from which the
cattle suffered by the present mode of travelling.
Melrose fair was a very large one, about 100,000 sheep being
brought to it. The great number of these were sent to the
south. They could import guano and bone-dust from Berwick
and Liverpool, for the purpose of enriching the land, if this
line were opened. They could also import Indian corn for
their own use, and thereby be able to export a larger quan-
tity of the grain raised in the district. For agricultural pur-
poses they could have oil-cake from Berwick and other places,
which might be brought to the various districts by the
proposed railway. Lime was exceedingly expensive (not
less than 18s. per ton in the centre of the county); but
by the projected line it might be laid down in the districts,
within six or seven miles of the line, at a moderate cost.
The land would require about five tons per acre in every
fourteen years, or six tons in every nineteen years.
The witness was cross-examined by Mr. Butt, and re-
examined by Mr. Paton, but nothing particular was elicited
in addition.
The Committee adjourned till twelve o'clock to-morrow.

LAW INTELLIGENCE.
COURT OF CHANCERY, May 5.
The Lord Chancellor sat at his Court at Westminster to-
day.

JONES V. ROSE.-THE ROSHICRVILLE GARDENS.

Mr. TEMPLET resumed, and concluded his reply to-day in
this part-heard case, which came before his Lordship upon ap-
peal from the decision of the Vice-Chancellor Wie ram. The
bill was filed for the purpose of obtaining the declaration of
the Court that the plaintiff Jones was entitled to 150 shares.
of 10/. each, in the company formed for the creation of the
Rosherville Gardens at Gravesend. Five calls of 11. each had
been paid, but in consequence of some disputed accounts
pending between the plaintiff and the directors the other calls
were not paid. At a meeting held in 1843, it was determined
that all shares on which the calls were not paid should be
declared forfeited, and at the same meeting a committee was
appointed to investigate the state of the 'accounts between the
company and Jones. The result of that inquiry was, that a
sum of 3901. was declared to be due, and Mr. Jones received
notice that, unless the money was paid within a fortnight, he
would lose his shares. The money was not paid, the shares
were declared to be forfeited, and the Vice-Chancellor, with-
out expressing any decided opinion on the question, directed
a reference to the Master to take the accounts between the
parties, with a view of ascertaining how much Jones had
really paid on the shares he claimed. Both parties appealed
against that order.
On former days Mr. Temple and Mr. 3. 11. Palmer ap-
peared for the directors of the company, to sustain the for-
feiture; and Mr. Romilly, Mr. Rolt, and Mr. Brett, on the
other side, argued that the directors, who had declared the
forfeiture, were not duly qualified, and, therefore, that their
acts were null and void if there had been any ground for act-
ing. They denied, however, that there was any default in
payment, and maintained that the directors ought to be re-
moved, and the plaintiff put in possession of his shares.
The LORD CHANCELLOR, at the conclusion of the argu-
ments, postponed giving judgment.
It appeared in the course of the argument that the gardens,
which had at first been an unpromising speculation,wereno:;:,
become popular, and that the shares were, in consequence,
some value.

ROLL S COURT, May 5.
lASUM V. EASUM.
This was a petition from the plaintiff in this ca
reliuse, ohf •
jecting to the finding of the Master, and no praying for e,
on the ground that the said finding was n in conformity,
with the whole facts of the case, but based upon the state-
ment of the defendant.
Mr. Chandlers appeared for the petitioner, and Mr. Kin-
dersley for the respondent. lion with costs.
His HoNous. dismLfcla...l°22l!_.---
COURT OF QUEEN'S BENCH, May 5.
(Sittings in Banco.)
The Court was ocfupied all day with the special paper.
COURT OF EXCHEQUER, May 5.
(Sittings in Banco.)
ITOPWOOD V. DRENNAN.
In this case the Court granted liberty
to the plaintiff to
bring an ejectment for non-payment of rent.