The Sun.
London, England, 1845-06-12 00:00:00

GROUP K.

NORWICH AND BRANDON LINE.---EAST
—DERE ZIADX AND "WYNDHAM BRANCH.
The Committee on this line met this morning at the usual hour,
the members present being Lord Sandon (Chairman), and Messrs.
Martin, Cobden, and Ricardo. Sir Benjamin Hall, Bart., was pre.
vented from attending in consequence of a severe accident which he
experienced last evening by a fall from his horse.
Previous to the resumption of evidence upon the lines,
Mr. CALVERT raised a preliminary objection to the preamble of
the East Dereham and Wyndham Bill. The 15th clause of the
Railway Consolidation Act, 8 Victoria, cap. 20, enacted, " It
shall be lawful for the company to deviate from the line delineated
on the plans deposited, provided that no such deviation shall
extend to a greater distance than the limits of deviation, de-
lineated upon the said plans, nor to a greater extent in passing
through a town, village, or lands continuously built upon, than ten
yards, or elsewhere to:a greater extent than one hundred yards upon
the said line; and that the railway by means of such deviation be
not made to extend into the lands of any person, whether owner,
lessee, or occupier, whose name is not mentioned in the books of
reference, without the previous consent in writing of such person,
unless the name of such person shall have been omitted by
mistake, and that the fact :such omission proceeded from
mistake, shall have been certified in manner herein stated, or in the
special Act provided for in cases of unintentional errors in the said
books of reference." The Lands Clauses Consolidation Act,
Vic. c. 18, amplified and confirmed that provision. The second
section of that latter Act directed that the expression "the works,"
or " the undertaking." should mean the works or undertaking of
whatever nature which should by the special Act be authorised to
be executed. The interpretation of the Act, and the particular
clause in question, could not, therefore, be questioned; it only remain-
ed to state what were the exact limits of deviation as allotted by the
Legislature. The 1101 section of the Act of Vic. c. 20, enacted
that, " in making the railway it shall not be lawful for the Company
to deviate from the rules of the railway, as referred to the common
datum line described in the section approved of by Parliament, and
as marked on the same to any extent, exceeding in any place five
feet, or in passing through a town, village, street, or land, con-
tinuously built upon two feet, without the previous consent
in writing of the owners and occupiers of the land in which such de-
viation is intended to be made." The limits of deviation being
thus specifically defined, he would show the Committee what had
been the course pursued by the promoters of the East Dereham and
Wyndham line. In the construction of railways the Legislature
compelled the companies to be within the limits of deviation, and
also in the schedule, when they would interfere with houses ; but
in the crossing, or obstruction, or encroachment, of roads
it was necessary to be within the limits of devia-
tion, without the option of appearing in the schedule.
The subject at issue resolved itself, therefore, into the simple
question—Did the promoters of this Bill keep themselves within
the limits of deviation ? Mr. Bidder, when urder examination
had given a complete and satisfactory answer to that question, and,
put at once the subject, and the existence of the Bill, beyond dispute.
That witness, in reply to a Learned Counsel, had stated that the
line on the road just outside Wyndham,'on the way to East Dere-
ham, extended a little more than a chain beyond the limits of
deviation Such evidence, if standing alone, would be conclusive ;
but the plans put in concurred in and confirmed the statement.
He contended, therefore, that the requirements of the Act of Par-
liament being explicit and peremptory, and the deviation of the
railway equally unquestionable, the error was fatal to the future
progress of the Company, and that the preamble of their Bill
must be rejected.
Mr. GIRDEN, in reply, contended that the scheduling of property
was not confined to houses but was allowable also to roads and
lands. The promoters of the Bill had put the road now complained
of in the schedule, and therefore if any injury were inflicted corn.
pensation would be made, and thus the difficulty suggested by his
Learned Friend was obviated and removed.

Mr. JAMES, in connexion with ➢ir. CALVERT, urged the deci-
sion of the Committee on the Cambridge; and Lincoln line yester-
day, when they declared the preamble of that Bill not proved,
is consequence of a similar error in the Wan : and contended
that a strict compliance with the clauses of the Railway Con.
solidation Act was absolutely indispensable, otherwise a land-
owner on the line, having carefully inspected the plans and sections
as deposited, might find that the line would not interfere with his
property, and neglect to oppose its construction, when subsequently
a change might be made in the plans which would materially in-
jure his property, while he would be precluded from opposing.
The Committee, after a short consultation with the Speaker, de.
tided that the objection was not tenable.

The examination of witn,sses was then resumed, but the evi.
dente was merely a formal proof of the population and distance
tables, and wholly divested of interest.

At four o'clock the Committee adjourned till Friday.

GROUP KK
LIVERPOOL AND :BURY LINE.
(Continued from our Afternoon Edition of yesterday.)

There now remained but the two reserved points above.men-
tioned, and the objections to the Wapping station at Liverpool.
Mr. HATHERTON apposed the Wapping station, on behalf of some
landowners, and the trustees of a deceased gentleman, named
Foster. Wapping was a great thoroughfare, and great public in-
convenience would occur by crossing it.
Some evidence was then gone into, but It was finally left over for
a private arrangement.