The Sun.
London, England, 1846-12-07 00:00:00

HIGHWAYS AND RAILWAYS.

In the very interesting report on " Railway Acts
Enactments," some useful information is given respect-
ing Highways and Railways, which has a direct bearing
at the present time. The report states, "the roads of a
country, from the very nature of things, are public con-
cerns ; they are as necessary to a people as the air they
breathe. The very nature of society implies that men
should have access to each other for the supply of their
respective wants, whether they live in towns or are scat-
tered over the face of a country ; and the common sense
of mankind tells them that the roads and streets should
be free from obstruction. In this country, from the re-
motest times, the title of the Sovereign as representing
the nation, to the control of it; roads has always been
allowed. The designation of 'King's Highways,' by
which the public roads were known, sufficiently indicates
the right which the Crown possessed aid exercised over
them. The practice of intrusting to associations locally in-
terested, the making and repairing of roads, with the
power of levying tolls to repay the outlay required for
that purpose, which first became general towards the
middle of the last century, amounted merely to a delega-
tion fora time by the Legislature, on certain conditions,
of a portion of the powers of Government to saeoe a
public exigency, but never to a permanent transfer of
them. The public has always posses;ed the right to
control the trustees, and to withdraw from them the
manalement of the highways included in their trusts,
and there are repeated instances in our own time, of tho
exercise of this right." Further on in the Report, the
Committee declare, " But of all the means of communi-
cation between different parts of a country, that by rail-
ways is by far the most important. If it be necessary
for the public welfare that a country should never divest
itself in perpetuity of its right of property in its ordinary
highways, it is still more important that it should not pati
with the right to control its railways; on an ordinary road
there could have been no monopoly of the means of con-
veyance; a man might travel,by it at all hours, and in any
manner he pleased; but on a railway he can only
travel at such time, and under such arrangements, as
those who are intrusted with its direction may choose
to adopt. If one coach on a road charged too much,
travelled at too slow or too quick a rate, or failed in one
respect to give satisfaction, another might have been
started ; but on railways there is no option ; the pas-
senger must either submit to the regulations fixed by
its directors, or abstain from using it! It has now been
ascertained that the hope of relief from the objection-
able course pursued on one railroad, by having recourse
to a competing Imp, must in a great measure be aban-
doned. It is confidently stated by nearly all the wit-
nesses examined by your Committee that the public can-
not count on being relieved by competition from the con-
sequences of an abusive exercise of the power on the
part of railway companies. From the very nature of
things, therefore, a railway company exercises a com-
plete monopoly ; but a monopoly subject:to no responsi-
bility, and under no efficient check or control, is neces-
sarily an intolerable abuse, and it can only be rendered
innoxious by subjecting it to a rigorous control and
supervision."

CIIERTSEY.—EXTRAORDINARY LASE.—Mr. John
Smith, farmer of New Haw, in the parish of Chertsey,
was brought up on Wednesday week last, before J. I.
Briscoe, Esq., chairman ; the Hon. G. J. Cavendish,
Captain Prescott, and R. W. Edgell, Esq., charged
with having on the 29th ult., followed and taken game
with a dog and gun, he not having a game certificate,
and for alike offence on the 31st. Mr. (inns, of Essex-
street, Strand, attended on his behalf, and tie case
created a very great interest, the room being crowded.
Henry Baker deposed that he was assistant gamekeeper
to Messrs. Summer and Sparkes, and that on the day
named he saw the defendant in his turnip field, near
New Haw ; he had a dog and gun with him, and was
beating down the field. He saw the dog point, and
almost immediately afterwards heard a gua fired, and
heard the defendant say " Dead !" He saw a partridge.
He also saw Mr. smith load his gun, and pick something
up, which he put into his pocket ; he could not see what
it was. Defendant then went away. Could not say the
exact distance he was from Mr. Smith ; it might have
been forty, fifty, sixty, or one hundred yards. Ridger
was then called—Knew Mr. Smith ; recollected the 29th
October. On Saturday he was at work on part
of the plantation, when Baker came to him
about half-past four, and asked him if he had
heard a gun go off at that time ? He replied in the
negative. Baker then said, "Do you see them men
yonder?" He replied " yes, and that they appeared to be
at work." He asked him if he could see if one was
Smith? He said he could not. Baker then said he saw
Smith shoot on Thursday, and asked him if he could
swear one of the men (pointing to the direction of Mr.
Smith's house) was the defendant? He said he could not.
He asked him why he could not swear it was him on
Thursday? and the reply was that he was too far off to
speak positively. He then said if he would go and swear
he was eighty yards off, the magistrates would not know
any difference. It was quite a mist all the 29th, and he
was at work near the plantation, but did not hear any
shooting the whole of the day. He was unable to see more
than eighty yards. Mr. Binns having again addressed the
Court,the Bench, after a short consultation dismissad the
case.
.T ci hesecon case was then proceeded with. Baker was
sworn, and stated most positively that on the day
in question, he saw the defendant in the plantation at
the rear of his d 0,.,,• that he fired at a hare, being at that
time not more than twelve yards from him ; and that
both dog and hare passed within five yards of him. The
dog was a light-coloured pointer ; the defendant and
himself saw each other, b did not speak.—James
Moss swore positively that his emymaister, the defendant, was
not absent from his sight three during the whole
of the day.—Ridger was again call'eursa
heardswore that he
Bucksatiaatzotrates
was working near the spot, and that h.ell
on the 31st. The case was dismissed, the no
firing
beinr, equally divided in their opinion
AWHALE.—A very large whale ran ashore netr
Poolewe some days ago, and fell an easy prey to the
villagers. It was upwards of sixty feet in length, and
yielded several tons of oil.—Laerness Courier.

RAILWAY INTELLIGENCE.
BIRMINGHAM
WAY
AND OXFORD JUNCTION
RA.
BIRMINGHAM, FRIDAY NIGHT.—TIII3 afternoon an
extraordinary meeting of the above-named company was
held at Dee's Royal Hotel, in this town, for the purpose
of considering and of ratifying an agreement en-
tered into between the directors of the Great
Western Railway Company of the one part, and the
directors of the Oxford and Birmingham Junction, and
Birmingham, Wolverhampton, and Dudley Railways of
the other part, for the sale to the Great Western Rail-
way Company of the undertakings of the Birmingham
and Oxford Junction, and Birmingham, Wolverhampton,
and Dudley Railways. Philip Henry Muni; Eq., the
Chairman of the Birmingham and Oxford, occupied the
chair. Among the propri.tors present were Lord Ha-
therton, Mr. Spooner, M.P., Mr. Lawrence Hey worth
of Liverpool ; Mr. Saunders, the Secretary of the Great
Western; Mr. Bennett, of Liverpool; Mr. Moseley, Mr.
Banks, of London, &c.; but the meeting was, considering
the importance of the object for which it was convened,
very thinly attended.
The CHAIRMAN very briefly opened the business of
the meeting. It was called to confirm the negotiations of
the directors with the directors of the Great Western
Railway Company, and in conformity with resolutions
which the proprietors of the Birmingham and Oxford
Junction had adopted at a meeting held in that room
some few weeks since. The Chairman then read the
correspondence which had taken place between Mr. Rue-
sell, the Chairman of the Great Western Railway Com-
pany, and Mr. Glyn, the Chairman of the North-Western
Railway, the substance of which will be found in our
report of the meeting of the Great Western Company
held yesterday.
The reading of the correspondence excited several
ironical cheers.
The CHAIRMAN then called upon the secretary to read
the draft of the agreement between the Birmingham and
Oxford Junction Company and the Great Western. It
was as follows:
" 1. The capital of the united company to be
1,700,000/.
" 2. The Great Western to pay 10Z 541. premium on
every 201. share; payable within six months after the
finishing of the line.
" 3. If the line be not made before the Ist January,
1850, the premium to be duo on the Ist of July, 1850;
if not paid then, interest at the rate of 5 per cent to be
allowed.
` 4. Five per cent. interest to be allowed on calls duly
paid; (four per cent. on calls paid by anticipation.
" 5 and 6. The Great Western to find any additional
, capital that may be required, and the board of that
f company to have effectual control of the management."
The CHAIRMAN begged leave to move that the agree-

ment be confirmed.
Mr. LAWRENCE HEYWORTH, of Liverpool, in second-
ing the resolution, referred to the principle upon which
Parliament had granted the Act for the formation of the
Birmingham and Oxford line—that of its being a com-
peting line to the London and North Western—and con-
tended that Parliament would never stultify itself by
allowing its amalgamation, as proposed, with that great
monopoly►. A competing line between the manufacturing
and mining population of Staffordshire and Lancashire,
while it increased traffic and increased profits, would at
the same time insure better accommodation and lower
rates of fare to the public.
Mr. G. TURNER contended that the present meeting
did not fairly represent the opinions and feelings of the
shareholders, and that the further consideration of the
question ought to be postponed. The certificates of a
large number of shareholders had not been issued, and the
consequence was, they were not able to vote. The
directors had behaved honestly in the matter. He con-
cluded by moving an amendment to the effect, that in
consequence of a large number of certificates not being
issued, this meeting be adjourned until the 14th of
January.
The Cnsinstsx said, the Hon. Proprietor was bound,
he thought, to recal the word dishonest. There was no
trick in withholding the certificates. It was found im-
possible to prepare them. Every scripholder might at
all times have had access to the transfer-book, and the
transfer being entered, he would have had the right of

voting.
A long, and,:at some periods, an angry conversation
followed.
Mr. MOSELEY contended that the meeting had not
power, by their Act, under the present circumstances of
the case, to sell their line to the Great Western. Their
proceedings that day, if they determined upon so doing,
would be null and void. After arguing to this effect for
a great length of time, he announced, upon the authority
of a letter from Mr. Glyn, that the London and North
Western Company were prepared to offer them 15/. pre
mium upon each 20/. share, 5/. to be paid on the passing
of the Act, 5L in six months afterwards, and 51. on the
opening of the line. He contended that an adjournment,
while it could do no harm, would afford time for every
shareholder to give his opinion upon the subject. He
supported tha amendment.
The CuatassiN observed, that if they were to wait for
the first Si. until after the passing of the Act for the
amalgamation of the Birmingham and Oxford with the
North-Western, they would have to wait for a pretty
long period.
The amendment being put to the vote, it was lost by a
majority of 21 to 12 votes.
Mr. BENNETT, of Liverpool, then moved the following
amendment upon the original motion :
" That the Birmingham and Oxford line be sold to
the Great Western Railway Company on payment of
151. premium on each share of 201. Payment to be made
within six months after the completion and opening of
the line. The railway to be completed by the Ist Jan.,
1849, or the premium to be considered due, the Ist of
July, 1849. All the capital to be called up by or before
the last-named date. On the Ist of January proprietors
to decide whether they will be paid off or receive com-
pensation bearing four-and-a-half percent. interest, for
three, five, or seven years. In case of partial opening of
the line being required by the Great Western Railway
Company before the Ist of January, 1849, the premium
to become due within six months after such partial open-
ing. Interest five per cent. on call, and four per cent. on
anticipated calls."
Mr. TURNER seconded the amendment, which was op-
posed by Mr. Ban Low, one of the directors of the Great
Western Company, Mr. SPOONER, and
Lord HATHERTON, who observed, that all men of busi-
ness must see that there was no intention on the part of
the North-Western to carry out the offer they had
made. Indeed, they knew that Parliament would not
sanction it. For his own part he was never inclined to
join the North-Western—his feeling had always been
in favour of a junction with the Great Western, and he
believed the directors had done their best to make
for them a satisfactory arrangement. He (Lord
Hatherton) might state as strong conclusive proof that
the shareholders were in favour of the sale when he
memtioned that 20,000 proxies had been lodged in favour
of it, and none against it.
The CHAIRMAN decided that the second amendment
did not come within the terms and objects of the meet-
ing, and the original resolution was then passed.
Thanks being voted to the Chairman, the meeting
broke up.

BIRMINGHAM, WOLVERHAMPTON, AND
DUDLEY RAILWAY.
A meeting of the proprietors of this company was
then held, William Matthews, Esq., in the chair, when
the terms of the agreement above stated, were approved
unanimously. .

AMBERGATE, NOTTINGHAM, AND BOSTON,

AND EASTERN JUNCTION RAILWAY.

NOTTINGHAM, FRIDAY, HALF-PAST FOUR, P.M.—A
special meeting of this company was held yesterday at
Nottingham, at which the seal of the company was
agreed to, and authorised to be fixed to the register of
shareholders. The principal features of the meeting
were the statements of the negotiations with the Eastern
Counties, the North-Western, and the Midland Counties
Companies for the sale of the line, none of which were
brought to bear. The company have consequently de-
termined to execute the lino themselves.

ROUEN AND HAVRE.—An engine ran the whole
length of this line, for the first time, on Sunday last,
and on the following day the employes were conveyed by
train to their respective posts. There can now, there-
fore, be no doubt that the railway, which will so much
facilitate the intercourse between this country and the
French capital, and against the opening of whieh so
many unforeseen occurrences have happened, will be
ready for public traffic in a few days, as previously an-
nounced.
WEXFORD AND VALENTIA.—A call has been made by
the directors, who, it is understood, will be personally
answerable for the payment of the deposits, the exp•nses
of last year having swallowed up the greater part of the
money subscribed.
THE SOUTH DEVON.—It has been determined (says
our correspondent), at a recent meeting of the directors
of this and the associated companies, to purchase Mill-
hay Pier, belonging to Thomas Gill, Esq., the chairman
of the South Devon Company, for the purposes of the
Plymouth and Great Western Dock scheme. The sem
to be given fur the pier is 30,0001., of which the South
D
evon is to contribute, if the shareholders agree, one-
half,offi Companies
the,s7,
Gso7.teaWche.steTrnhis andarthraengßerimsteonitanhdasExete
c
ceca-
sioned considerable ill-feeling in the board, and on Sa-
turday last two of the directors, who reside at PI)
mouth, William Hawker, Esq., and William Fox, Esq.,
sent in their resignations. The shareholders are at
present very much dissatisfied with the state of things
in connexion with this line. It is now confidently
<tated that the line will be opened from Teignmouth to
Newton on the 22d of this month.
NNW LOCOMOTIVE MECRANISM.—On Friday a work-
ing model of a new plan of railway locomotion was ex-
hibited in Old Broad-street, with a view, as stated, to
the aeoption of means for securing the great objects at
which railway enterprise aims, namely, safety to human
life, certainty of action, and economy in construction
and working. By the new plan the carriages are pro-
posed to he built upon platforms which will glide on the
peripheries of parallel lines of wheels, mounted on
chains, stanchions, or piles—rendering rails and bridges
unnecessary. An immovable rope or chain forms a ful-
crum, against which the motive power is to be applied.
The rope or chain passes round a drum fixed on a tra-
velling platform, the drum being set in motion by a
small engine fixed on either side of it, on the platform,
urderneath which ribs, or flanges, about a foot in depth,
make it difficult if not impossible for it to -get off the
wheels. The line of traction being invariably in the
middle of the road, it is contended that no probable
cause of accident can occur to disturb it, and that it will
avoid the great danger incident to railways from the
breaking of an axle, a wheel, or a rail, or from a sharp
curve. An experimental road, of about a mile in length,
is to be constructed near the metropolis.
DEPOSITS OF PLANS FOR NEW LINES FOR

ESSEX.
Monday last was the day for depositing the plans for
the next session of Parliament. The first test Of stability

and perfection was thus applied to the new schemes, and
we find that those connected with this county have borne
it well. Notices have been given in our paper of thirty-
three applications for new Bills; but several ot.
theses ;
were for cunfirmi-T the lease or sale of lines for which
Acts are already obtained, as in the sale of the Maldon,
Witham, and Braintree, to the Eastern Counties, and for
these it was not necessary to make any deposits. Many,
including ten of the more northern exten.ionG of the
Eastern Counties, did not propose to • interfere with
property in this county, and therefore it was mot neces-
sary to make lodgments with the clerk of the pesee
for the county of Essex. Of the remainder, the plans
of the following were deposited at his office at Chelms
ford
1. Braintree to Halsted—The Branch from the Brain-
tree and Witham, to join the Stour Valley, at Colne
Engaine.
2. Braintree to Halsted—A line which, we presume,
has been started to meet the objections which the in-
habitants of Halsted have to the junction of the other
line with the Stour Valley away from the town of Colne
Engaine.
3. Ilford to Tilbury Fort and Southend, with a Branch
to Battles-bridge—ln the case of a similar Bill, with a
branch from Vange to Wickford, the plans have not
been deposited.
4. Branch from Stortford to Victoria Park.
5. Enlargement of London and Stratford stations.
I. Coal and Coasting Dock Junction.—The plan for
converting Dagenham Reach into a dock.
7. Purchase on lease of North Woolwich Railway,
East and West India Docks, &c. .

8. Branch from Manningtree to Harwich.
9. Chelmsford to Norwich, with Branch to Halsted.
10. London and South Essex —The line from Black-
wall to Southend and the Crouch.
11. Colchester and Stour Valley Branch to Melford,
Lavenham, and Clare.
12. London and Southend.—The Branch from Hutton.
13. Ipswich and Bury Branch from Stowmarket to
Sudbury.
14. Harwich and Eastern Counties Junction Railway
and Pier.—To join the Eastern Union at Ardleigh.
The lines for which the plans have not been deposited,
and which cannot therefore go before Parliament next
session, are those connected with the Thames Haven
scheme, the Victoria Docks and Railway, and Manning-
tree and Mistley Branch.—Chelmsford Chronicle.