The Sun.
London, England, 1845-07-16 00:00:00

RAILWAY DEPARTMENT.

Minute of the Lords of the Committee of Privy Council for
Trade relative to the constitution and mode of proceedings of the
Railway Oepartment.
At the Council Chamber, Whitehall, the 6th August, 1844.
. _ _

Ey the Right Honourable the Lords of the Con•mittee of Council
appointed for the consideration of all matters relating to trade and
foreign plantations.

My Lords read and considered the following paragraphs and
resolutions, taken from the third section of the fifth report of the
Select Committee of tl:e House of Commons on Railways (1844) :
In recommendit,g, therefore, that railway Bills be submitted to
the Board of Trade previously to their coming under the notice of
Parliament, the Committee conceives that that Board (or such
other public department as may be intrusted with the care of rail-
way matters) might advantageously examine these Bills, and also
the schemes themselves before they had assumed the form of Bills,
with regard mainly to the following subjects :-
1. All questions of public safety,

2. All departures from the ordinary usage of Railway legisla
ticn, on points where such usage has been sufficiently established.
3. All provisions of magnitude which may be novel in their
principle, or may involve extended considerations of public policy.
For example: Amalgamations and agreements between separate
companies; extension of capital; powers enabling railway com.
panies to pursue purposes different iu kind from those for which
they were incorporated; modifications of the general law.
4. Branch and extension lines, in cases where, upon the first
aspect of the plan, a presumption is raised that the object of the
scheme is to throw difficulties in the way of new and probably legi-
timate enterprises.

5. New schemes, where the line taken presents a strong ap.
pearance of being such as to raise the presumption that it does not
afford the best means of communication between the termini, and
of accommodating the local traffic.
6. Cases where a Bill of inferior merits may be brought before
Parliament, and where a preferable scheme is in bout fide con-
templation, although not sufficiently forward to come simultaneously
under the judgment of Parliament, according to its standing
orders.

7. Any proposed arrangements with subsisting companies which
may appear as objectors to new lines.

The adequate and satisfactory discharge of their duties would
entail upon the Board of Trade a great additional amount of labour
and responsibility; and it is the opinion of the Committee that if
the recommendations of this and of its other reports should be
adopted it would be necessary to enlarge the railway department
of that Board, and to improve its organisation. Upon these
grounds, and with these intentions, the Committee have come to
the following _ .

Re,olution,--That it is expedient that all railway Bills should
henceforward be submitted to the Board of Trade previously to
their inc.roduction into Parliament; and that the various docu.
merits and other requisite information connected with each project,
and, if necessary, copies and sections of the line, shall be lodged at
the office of the Board of Trade, at such periods as shall afford
sufficient opportunity for their examination.
My Lords read and considered the heads of several clauses of the
Railways Bill (now awaiting the royal assent) which relate to the
functions of this department.

My Lords read the letter of Mr. Lefevre to Sir George Clerk,
dated the 2d instant, in which it is proposed that provision should
be made for the appointment of two secretaries to the railway de-
partment of this Board, and of an assistant inspector, and the reply
of the sth instant, in which it is stated the approval of these ar-
rangements by the Lords of the Treasury. .

My Lords are of opinion that they are not competent, without
the aid of time and experience, to lay down definite rules for the
future practice of the railway department of this Board; but they
have decided upon the following general instructions (subject, of
course, to reconsideration hereafter, if on any particulars they
should be found inapplicable or inconvenient) with respect to—
!. The constitution of a Board for the purpose of transacting
railway business.

2. The preparation of minutes and reports.
3. The provisions to be made for obtaining adequate and early
information.

My Lords are of opinion that for the adequate and satisfactory
discharge of the duties which, as is now proposed, will devolve
upon this Committee, it is desirable that a distinct Board should
be constituted in the department for the dispatch of railway busi-
ness, and that such business shall be settled by written minutes, in
the same manner as the ordinary business of this Committee.
The President or the Vice. President of the Committee will act
as the head of this Board, and the remaining members of it will
act as his advisers in all its transactions, and subject to his control.
ling authority.

The ordinary members of the Board will be, besides the inspector.
general, and, in his absence, the assistant inspector, the superin.
tendent, and the joint secretaries.

2. Every minute of the Board upon a railway scheme, and every
report upon a railway Bill, to have the signature of—firstly, the
president or vice-president of this Committee; and secondly, three
members of the board, one of whom, at least, to be an engineering
officer of the department. _

As respects minutes upon railway schemes to be made before
the Bills for giving effect to them are framed, my Lords direct that
whenever the department has formed an intention to prepare such a
minute, whether upon the application of parties or otherwise, notice
shall be given of that intention in the Gazette, for the information
of those whom it may concern.
' •

My Lords direct that in such notice shall be stated, as nearly as
may be, the points into which inquiry is to be made in connexion
with the proposed line of railway. No such minute, unless of a
preliminary or provisional nature, shall be signed until six weeks
after such minute shall he laid on the table of both Houses of Par-
liament fourteen days after the opening of the session.
Reports to Parliament on railway Bills shall be made within
fourteen days, if there shall have been a previous report on the
schemes embodied in them respectively, and at all events within six
weeks at the furthest from the rect ipt of any such Bill.
3. As regards the measures to be taken for obtaining early sod
regular information respecting railway Bills and railway projects
before they have assumed the form of Bills.

Adverting to the resolutions already adopted by the House of
Commons on the 19th of July, and to those which it is the inten-
tion of the Vice-President to propose for adoption in the House of
Lords, and also to the provisions contained ie the Joint-Stock
Companies Registration and Regulation Bill, which, if that Bill
shall beccme law, will insure the deposit in a public office, under the
superintendence of this department, of all documents made public
by the promoters of any such joint-stock undertaking as may be
formed subsequently to the passing of the Act, my Lords are of
opinion that there will be adequate security for their being duly
apprised, from time to time, of the origin and progress of future
railway projects up to the periods of the presentation of the Bills.

To make similar provision for their subsequent stages, before the
passing of the Acts of incorporation, my -Lords will cause to be
addressed to all the Parliamentary agents the circular hereto
annexed (A).
As regards railway projects already announced to the public
during the present year, and now in existence, but not having
assumed the forms of law, my Lords direct a list to be prepared
of these, and the circular letter (B) hereto annexed to be ad.
dressed to the solicitors or other leading promoters of them.

Having adverted to the various important changes which have
been effected by the House of Commons, during the present ses-
sion, in the constiitution and proceedings of the Select Committees
vppointed to consider the provisions of Railway Bills, and consi-
dering that this altered state of circumstances appears to render it
unnecessary that the Railway department should continue, in
pursuance of the recommendation of the Select Committee on
Railways of 1844, to submit to Parliamentary reports on the com-
parative merits of railway schemes, my Lords are of opinion that
it is desirable to make certain alterations in the form of the railway
department, and in the rules for conducting railway business.
I. My Lords are of opinion that the distinct board constituted
by the minute of 6th August, 1844, should be discontinued ; and
that all railway business should hereafter be transacted by the
Lords of the Committee of Privy Council for Trade in the same
manner as the ordinary business of this Committee.
11. All such railway business, however, shall be transacied by
proceedings distinct from the ordinary business of this Committee.
The dispatch of railway: business shall be conducted by separate
written minutes, and the directions and decisions of the Lords of
the Committee shall be carried into effect by the several officers of
the railway department.
111. Reports will not hereafter be prepared for Parliament, con.
veying the opinion of the Lords of this Committee on the merits
of any railway project, or on the comparative merits of competing
schemes.

IV. But in order that my Lords, with a view to guarding the pub.
lic interest, may have at all times an accurate knowledge of the ob-
jects of the various railway schemes, and of the extent of the powers
which the promoters desire to obtain, my Lords direct that the pro-
per steps should be taken for submitting to the two Houses of Par-
liament the necessity of adopting resolutions requiring the promoters
of the various schemes to deposit, as heretofore, at the Board of
Trade, a copy of the plans, sections, &c. It would also be expe-
dient that they should be required to deposit, concurrently with
their plans and sections, a sketch of the proposed lines, on an
Ordnance map of England, or on a scale equal to such Ordnance
mop, and also a written statement containing a description of the
railway, its course, its advantages, its proposed fares and charges,
and the principal provisions of the kill which they intend to
introduce.

It would further be desirable that the promoters should deposit,
as heretofore, with the Board of Trade, a copy of the Bill, as well
as of such amendments as may be made during its progress.
V. If upon examination of any railway Bill it should seem expe-
dient to the Lords of this Committee to draw the attention of Par
liament to its provisions, or to circumstances connected with it, my
Lords, after the commencement of the session, and from time to
time as they may see fit, will direct a report to be prepared accord-
ingly. Such report shall have reference to the following subjects :-
1. All questions of public safety.
2. All departures from the ordinary usage of railway legislation,
where such usage has been sufficiently established. . .

3. All provisions of magnitude which may be novel in their
principle, or may involve extended consideration of public policy.
For example : Amalgamations and agreements between separate
companies; extensions of capital ; powers enabling railway cool.
panics to pursue purposes different in kind from those for which
they were incorporated ; modifications of the general law ; also
fares and charges ; and generally all points connected with the
Bills to which my Lords may think it right on public grounds to
draw the attention of Parliament. Such report shall be signed by
the President or Vice-President of this Committee; but it shall in
no case pronounce an opinion on the actual or comparative merits
of any railway scheme.
6. My Lords direct that the annual report of the officers of the
railway department to the Lords of the Committee of Privy Council
for Trade should he laid, as heretofore, on the tables of both Houses
of Parliament.

The rules which my Lords have now laid down for the
transaction of railway business will be subject to re-con-
sideration hereafter, if, from further change of circumstances, or
otherwise, they should be found inapplicable or inconvenient.

MIDDLESEX SESSIONS —The July Quarter Sessions
for the county of Middlesex commenced yesterday at the Sessions.
house, Clerkenwell-green. Numerically the calendar is somewhat
heavier than usual, but the offences are not of a serious nature.
127 names appear on the calendar for trial, of whom 100 are in-
dicted for felony, and 27 stand charged with assaults and other of-
fences. This being the Quarter Session of the county, Mr. Hemp,
officer to the Sheriff of Middlesex, called upon the following
persons to answer to the'r respective names, or be severally
outlawed : Alexander Dalgleish, late of Bloomsbury-place,
John R. Brinkman, otherwise John R. Broadhead, late of Berkeley.
square; Robert Fulke Greville, commonly called the Hon. Robert
Fulke Greville, late of Burlington Hotel; Sir Charles Edward
Grey, Knight, late of Portland-place ; Joseph Ferdinand Count
Taaffe, late of Percy-street; Henry Whittaker, late of Lincoln's
Inn, New-square; Mortimer Percy Drummond at three suits; and
Anthony Randall, late of Chesham-place, Beigrave.square.
A paragraph, copied from one of the minor jour-
nals, is now running the rounds of the French press, stating that
the French Government has settled the claim of Mr. Pritchard by
paying him 25,000 E, whic:-. sum has been drawn for, it is said, in
three bills from the Cape of Good Hope, arid paid in Paris.
ARISTOCRATIC WRITING. The bad writing of
many of the nobility and gentry is proverbial. An illustration of
this occurred at the Warwickshire Quarter Sessions last week, when,
the Coventry Herald states, a prisoner who, on commitment, had
made a confession to Lord Lilford (which was taken down by his
Lordship), was acquitted in consequence of no person Court I
dit
being able to decipher his Lordship's, writing.