The Sun.
London, England, 1845-03-07 00:00:00

COVENTRY RACES, 1845.

MONDAY.
Acceptances fur the 10 Soya. Handicap—Mosque, aged,
Bat 7lb ; Hooton, 5 yrs, Bst 21b ; Porto Bello, 5 yrs, 7st 121 b ;
Inheritress, 4 yrs, ist 101 b ; Fama, aged, ist 2ib ; Arung-
zebe, 5 yrs, ist 21b ; Celeste, 4 yrs, 7st 21b ; Dash, 4 vrs, 7st ;
The Bird, 6 yrs, 6st 91b; Wild Roe, 3 yrs, 53t.—The rest
declared.
LIVERPOOL WATERLOO COURSING MEETING.
THE WATERLOO CUP.—TUESDAY.
Dr. Brown's Cantrip, beat Mr. Woodburn's Brandy—
Mr. Swan's snap-dragon beat Lord Eglinton's Sea Mill—
Mr. Blundell's brewer beat Mr. R. Bennett's Derbyshire—
Mr. Robinson's Scotia beat Mr. Deakin's Tyrant—Mr. Ball
nd Gaiety beat Mr. Segar's Doctor—Mr. Gale nd Duchess
beat Mr. Garvin's Gambler—Mr. Edward's nd Waxy
beat Mr. Nash's Cruiskeen—Mr. Smith's Sherwood
beat Lord Egliuton's Charlie Bates Mr. A. Gra-
ham's Notatore beat Mr. Wodehouse's Dashaway—
Mr. Clarke's Lune beat Mr. Fowler's Kizzie—Mr. Watts's
Kathleen beat Mr. Alderson's Pepper—Mr. Jepson's Flisker
beat Mr. Hunter's Ranger—Mr. Standish's Streamer beat
Mr. Pollok's Cross House—Mr. Scott's Dressmaker beat Mr.
Wynne named-Kitchen Maid—Mr. Jebb's Titania beat Mr.
Eden's Emilius—Mr. Peter Taylor's Testy beat Mr. Nash's
Captain.
First Ties.—Cantrip beat Snapdragon—Scotia beat Brewer
—Duchess beat Gaiety—Sherwood beat Waxy—Lune beat
Notatore Flisker beat Kathleen— Streamer beat Dress-
maker—Titania beat Testy.
The Waterloo Purse.—Mr. Clark's Young Lill beat Mr.
Pollok's Queen of Meadow—Mr. Eden's Rowena beat Mr.
Wynne tnamed Breeze—Mr. Smith's Turk beat Mr. Ball's
Burgundy—Lord Eglinton's Duke of Wellington beat Mr.
Itobimon's Eaehauter—Mr. A. Graham's Screw beat Mr.

Edwards's Cowboy—Mr. Watts's Skipaway beat Dr.
Willing Maid—Mr. Swan's Sparks of Fire beat Mr. Disk°.
Distiller—Mr. Stand'sh's Spree beat Mr. Garven's

LLOYD'S SHIPPING.
LONDON, MAncit G.—Wind this day at noon, northerlY '47"
breezes and rine, but hazy.
DEAL, MARCH 6.--A. M. Wind S. to S.E. ; P. M. E.N•—•
Sid. Peruvian, Sydney ; Sons of Commerce, Hobart Town; .„11,
Richmond Lass, and Margaret, St. John's, New Brunswick ;
bean, Mauritius ; Sultan, Trinidad.
SELFAST OC , MARCH 3.—Shi. Carl, Havannah. th
TKTON, MARCH 4.—The Searc h , Norton, of Yarrnou—, the
tO
Shields, sprung a leak, 31 inst., and ran for the Ties, but Tnisse"
,ed
Channel, and wqnt on shore on the North Gar, and is exlx"

be
Dcome a total wreck. ho"
ovEn, MARCH 5.—A few more packages from the Ignaca_A,
nearhere, have been recovered ; if the weather continue taw-
more are expected to be saved. -
~ old
STOCKTON, MARCH I.—Arrd. Cornucopea, Cair „.
William and Henry, St. John's, New Brunswick.
LIVERPOOL, MARCH s.—Sid. Larch, (not Sarah,) Africa-
The Runnymede, front London to Calcutta, and Briton, boa,
Sydney, New South Wales, and Singapore, to Calcutta, were
wrecked on the Andaman Islands; crews and troops saved.
Orr DUNGENESS—Wollscrove, St. John's, New Brunswick.
OFF I'OR.TLASD, MARCH 4 —Franciska, Bahia for flatnburgb;o4
PORTSMOUTH, MARCH s.—Wind I E. N. E.-Arrd. Nart.„tes. •
Bumemerger, Batavia. Ski. her Majesty's ship Fantottle, ,"
Off, Thetis, Cause, Calcutta.
CosrEs, MARC!! s.—.Arrd. Carl, "%laser, Rio Janeir' for ilaUlb
to winter. rt,
Fowrr, MARCH 4.—Wind N.E.—Arrd. Eight Sons, Lockha
macs for Bremen, with loss of bulwarks, sails, &C.
FALMOUTH, MAa7n s.—Wind E., strong breezes,;--Sld—'7lsjacti
Cape de Vents, &c.
BRISTOL, MARC!! 4.—Sid. Malabar, New Orleans.

OF-ENING OF THE NEW DOCK
AT ARDROSSAN.
Yesterday the splendid Wet Dock, planned and CI;
mencel about forty yt ars ago by the grandfather of
pres,nt Earl of Eglinton, but which has only Row beeil
complet,d, was formally opened amidst great rejideinVg
in presence of a distinguished party of the neighboul
gentry and a vast concourse of spectators. The d°co
contains about four imperial acres of surface, enti //the
a graving and slip dock connected with it, for f
repair of vessels, and a place for the discharge. j%
timber. About two o'clock, the temporary
brig tt
across the entrance to the dock was cut down, and •
ship of ab ,ut 500 tons burthen, two large brigs, gin ed,
steamer parsed in with flags streaming and yards raetl,nthe
amidst the tiring of cannon, and the cheering 01; e'
assembled multicede. The day being -remarkably PP
the whole aff,:r passed off in the most exhilarsl
manner. At five o'clock the important occasion l'o
celebiated by about 300 gentlemen dining to2ether,`.e.
tht invitati, n of Lord Eglinton, in the shed of t';‘,
rauway station, which was comfortably and elegitnii"ts
fitted up for the purpose. His Lordship, will/ ocl
usual tact and ability, presided supported right °to
left by Sir James Campbell, of Glasgow ; Sir JAI%
Boswell, 13art. ; the Rev. Mr. Bryce ; Rev. Mr• et;
bell; J. 0. Fairlie. Dq. ; Alex. Graham, Esq , of Caiipet.
the Nlayor of Londonderry ; Henry Smith, Esq., of
wood, &c. &c. The croupiers were the Hon. Col°ll,
Maeadarn Cathcart ; C. D. Gardner, Esq. ; .3fr*,j°i,l6l
in, of Redburn ; and Dr. Macladzean. The triuti"-ibe
and introductory toasts having been given fr°ll3
chalr, Mr. Campbell, of Craig, in an able Speech, P5O
posed .‘ Prosperity to the harbour of Ardrosser?„o"
health and long life to Archibald Earl of Beil'l3ine
The toast wa, received with every demonstration of
sleet. and enthusiasm. Other toasts, such as Theo];
of Fleetwood and the health of Sir Hesketh erhe
" The Port of Belfast," " The Port of Derr% „Dat
Commerce and Manufactures of the Country, 1.001
Ayrshire Railway," " The Edinburgh Ana G.,r7.00"ac,
Railway," " The Harbour and Railway of
teak
" Prosperity to Glasgow," "The Agricultural In„tge•
" The Countess of Eglinton and the House of 3°",1 re
merle," " The Railways of Ireland," were given all•th
sponded to. The proceedings of the day closed ":1
splendid ball.— Glasgow Saturday Post.

TAVISTOCK--CHURCH—RAOStii.is
An attempt has just been made to re-establjisbosi
obnoxious impost. The vicar having imaglw-anrele
there was a re-action in its favour, obliged thee- odd
wardens to propose one ; and a numerously quio•
vestry meeting assembled on Thursday last i the gf.
hall, when the Vicar having taken the 004.'00
100
Slotnan, in the absence of the other churcli°l4,o
01
stated that about 701. was wanted for defra/ist it
necessary expenses of the ensuing year, 0° roe
would Low be competent for any rate-payer t° P 0,1
a rate. No one for some time offered to do this, 54; at
was supposed it would have fallen to the gr:4l,lDati, P
length, however, Mr. Slernan stated it to be Ws fore pc°.
ref
no one else came forward to do so, and he the
posed a rate of a penny in the pound. "Afver,genodiatli°
portentous pause, an hesitating seconder APPe5r-..
dlei
Pcrson of W. P. Michell, Esq., surgeon. an
The meeting was then addressed by ife"l3/11101,A1‘
Esq., late Member for this borough, Messrs. 'llitt
and Carter, Sze , against the rate; and by 116 0.-8 set
favour. OW 1
The VICAR having proccethal to put thetill,e tosnA
or against the rate, as may be done since Lord veol
decision, two hands were held up for the
overwhelming number against it, and the t'aibr"
(after stating that had he not presided be 51)°,7,
Jos6rl,
made 0. third vote in its favour) declared the 111,7beb
Dr. HARNESS having about this time entered wool
demanded a poll; and, notwithstanding tb,g.oool,
strances made to him as t(* the utter hopete'ioes,
getting a rate after such a show of hands, Persnbseri;
the claim he had made. In the course of sotnejoset'„i
tions he addressed to the meeting, he avowedi, o'7
convert to the principle of the Church and Stst, fed
separated, and received the congratulations of tilt: oil
ing (in the alteration in his views on that subje Odds
A poll was accordingly taken, which tereti 10-
Saturday at twelve, when the number of reeol%.- !es'
was as fuPh 28 6tel° t,
Against the rate 207 persons.', oof
For the rate
25014:j50
M:.j,rity against the rate l9B persons .00- or
It .s worthy of remark that the i chureb"jedif
proposed the rate, expressed himself as church
1h thA
posed to church-rates, and that 56 votes 000" tso 40
were tendered by member;: of the Establisliniee,itioli
had I )ssent, rs not vot• d at all, the rate Walla
noiSt
been thrown out by a majority of 20. ,rOO4lOl/
The progress of publie opinion on this irfrot tb:ors
will also ho seen when it is remembered 441-,, tee
contest for a church-rate, which took P'stejs.
ego. the majority ags on
inst the rate was lY '

THE BRITISH POST-OFFICPia
,f-61.- '
THE RUSSIAN GOVERIOw
5114'. lber
TO THE EDITOR OF THE that nellioi
Sin—lt appears to me most strange, bole
in the House of Commons, nor out of it, Oil'
. heel j 001;
public protestation or demonstration , free
against the Government of this "land °` ' Is° „ice ocl
lending itself, and its institutions, to the 5e.,0115 're'
wishes of a despoli.i ruler, for such 01„01- tiollt,4l
inhuman purposes es Mr. Duncolnhe'V °t? 4,-o.c'
valed. Can English women remain sel'are ' for
they remain idle ? When their husband; ;cies 0,41
timing by their silence, the flog'ging I.,°') 101/ iir
communicating with their husbandi, w''' an" for
to a foreign, but (we says) a free countrY i.ooce.iiii
Pend upon the sanctity of the Briiish 11°4
Ukase'...--1
protection from the Russian Imperial ji.
TO°
Sir, you obedient servant,
AN ENGI)- 0
o
401-

_----
CROSBY H
,Hilisti .
i.i
an firstl :
.. , 2,7,tar
cot
if
the Arts and HALL.—Mr. Mackie deliveteu.e..,pe-i ee.
1 tf. leet;o9ft
hair''iddi;cnoc',
Sciences, and the antiquity of .r 1" fitiiioil'
on Tup,:d
In the tIY evening, to a fashionable andlargae get° d
'le° tl,°°
a.
,t,definition of free masonry "'as well tic
fs reoch
n "wed with anecdoteand witticisms.I 1 I°l
. a ..,
why ladiL-s _belly
0 eV ,
• were not admitted masons c t 9, .05
mirth and a 'I tee •fiti
PP gime. ~ According' to ottr -
9,5,0 flie
the lecturer, iwrsieedghee eoxflunhnitteeigheiooioi,
with us .` the fair sex are excluded fiela ,e chef
in our mystic profession, not beelot tat "il,O
deemed
c.,,.a unworthy m the secret, not for the . briOdlr
vvii;nk,c 1 Cr ••cl• ntific genius. not from their own of, ij
nes; . weaker sex,
hut from a coniciown• ss Of Of _A 04(1
Should they he permitted ro entt.r thvP""s3, Wed
would i
uup through the key-hole ie3"ttireethllir
sometimes rat kle in ei re" 'll'' d
the hearts of - into rt. moo.,
fraterit 1 '
a affection be metamorphosed ftgi°
There would be a second confusi-on Of lano.,;cleilr•abl
masons—the hand of fllowsh.p Would beet)"- aorta to
and du - • h
els might •-nsete I tint 'although the P 7,
..,itteaLliosi
anti lovely part of Nature's works are not }l"t-betti"46
our meetings, yet our knight! order pled men . AIW, CO
the attacks of vicious and unprincipled e!ge; nil FIX
1 alyie4 leninly bound never t. sscrifiee the elw‘i. to wit,
of amilies 'for momentary gratification, 111(m).055,•100
mine and take away the transcendant ber,rtieso`•wii'
thore whose hearts are united by the dearest, were ijef'
and affection." Several approprate songs itte. the
ciously introduced illustrative of the suvebject. ;
'‘ na At
iii,
fcrey's `°Tubal Cain" was we'll receid iPfirecl,
conclusion, as the I'r; Wader was a fret-nvisli'v eberhiftl'
Prince Charlie," by Miss Townsend, wasl,.° by
,log
CAPTURE OF A IlAwß.—Last weet,,a by pletc;irj
catchers were out in Dunham catching birds, ds'ariag g
a bird in the midde of a field in a cage, all otcbill„s'o
lime. While the men were at a distance estis, 'OOl.l
hawk. perceiving the bird a prisoner in the ;be be
a sudden dart at it. The men, being afraieiftit Wtte;
being. broken, ran and drove off the hawk ; ut,01101,04;
no sooner got to their hidinc, place t119;11 the ,:„, se 5,0
dar,`"o Og el
turned to the charge with double energy,....-, oie. ~to
times at the cage, in order to break it. 'i "e .ell Jio
sticks " i abut
drove him off, -and placed some larger d an' te r
—in a short time •the hawk again 27ppeare ' clig-'lol'
f the , a
endeavouring to get through the wires 0 .
_,.li/04,,
his wings so much entangled with tbe b.lii."„a ble,fiet)
when the. men ran towards him, he it'llvacci'.'.
caught, instead of his intended preP ' toe'
„afer v.
Courir. , P 0
CAUTION.--Ladies ShOUld IlOt anSWe. to Cof
1 wills ceo, A
menti offering. leans of inone- in snnal - to tee o
ihet,7 t- ~77,.'u7• ,'-t. 7 fir, v letsine-,s .., ci•se ~,iv or 0,
been matte known to us, in w Iii•;11 a ' ' ' otte elt
to into 0,
at a respectable house in answer
_a „.1 _.O 0
these advertisements. She was introd„esc:ioalowo
office, where a person, said to be a Prei to 504110
was seated. The Isdy was called up,o,nc. was " fleet
amount she r qoired, and the term, •-'''ytienlal•,3,4li9o
to p;y for the accommodation. VI" tarsi to °eo, 0,
taken down in wt•iting, and she Was reclti!rig done 'encill
name to them, and give her address. llsvii_
Cowoo ifb
was informed that she tnust ply 1035 d. it:tlie plt!leots
fee. She tefused to pay anYthing' and It'
deo,,ndiPif 11254
next day she received a lawyer's lett'r' eemer, irk,.
went of the 10s. 6d., and threatening
.i. tot ",,,130-:
amount was not pail. Fortunately this 4 /otos ,e'
el len t lit
able • •
to give her proper advice under such,__ 0 ; ie, .
the demand was reststed. Steps will Pu.i., raPbv ;V
• pose the plrties if any further attcniPT ;old r pile
the meantime, as many lodies may be "',:a 0080 poV
offer of loans on their personal seeuritY, and 09„0..
sii•le offers, we think it our duty to caorips-joger
licly against Chid iniquitous systegv-IJI

-

Br°^11:1
r Dukin?
'Grimaldi.

ertY el"

E. fresh'l.-
;•n• Deng--
nick ; COW

mouth, fro'
kied the
to
exP"t

rilA cS, sae
e wodert

taboo• FA

a. atßriton, at
t, were b°

wick.
tribune, ash'
Nang ~
nue. NAP'.

a- liambullt4

"Aclihart.

—sid• .14.1°11

DOCK

115
250 • 0110
ns . den or
clocl te!
decP— e 11" c
ic tio
!Went' 01 h'
vuld

oiot
,4tP „dt
post rt' be yr,
bat ten,
Iv swe,,
lu

ib
s 0• eitbe
it
hat n 0/
h 0 ate
bee,Preeaoliitij
of lvice °A
t)
le serioos•
atoc-otiove.o
nt ? Inc
1 -
are •got
,d 3 wires fiej
of sbore je
Arlo and for
'try ; otoce
ro,t. $
Ukase.
3,11,15°'

, .
rodsui..isE
141PERIAL PARLIAMENT.
Their4...sLll„ OF LORDS, March 6.
p.-i met at Five o'clock.
(,1 !' i.enger from the Gann:ions brought up a number
.13tr,Ett. 11111 S, N 1101 ~% l Ek teverally read a first time.
it„ . ;011LE toRD presented a petition against tee open-
b 'l' Pllbile.h.ll:tt'S On Suedays.
tord. c HARBOURS OF REFUGE.
tapie OLCH ES •ER rose, pursuant to no! lee, to
plea, an aldress to her Mej;.sty, praying that she may
1iq1,,,.1 to cider that a copy of the report of the
the stas'l3n(Ts, appointed in April last to inquire into
Oti th state
4' the harbours in the British Channel, be laid
4iatt: table.,, As he understood that her Majesty's Mi-
-1Ni:I 'Lid not intend to offer any opposition to the
minute', be oul.l occupy their Lordships but . afew
lai;", , ill stating his reasons for considering it
L,,,j3;;;t4t that te,,
paper should be laid bee.re their
erite oilPi,s• For one hundrcd miles of the southern
ea it -"gland extending from Portsmouth, there was
otii 114le harbour capable of affording shelter to ships,
I,i4lel'ere ‘‘here a squadron could ride in Hemet). in
°llt the wair• Such a state karl been lung complained of;
korril- °!:4Y ate rept to remedy the deficiency was by the
tako Noll of the Breakwater at Plymouth. On the re-
rOtle).4,d, a ti°o of a Committee of the House last session, the
ll to the beers veer° appointed to inquire and examine
iltextue best positions fur the construction of adequate
te'ott Ps
(.4 refugie and their labours concluded with the
4C. *bleb was the subject of his present notice. He
,44.°111Y add, that he concurred in the opinion of the
liltir-1844"tlers, as exp
etkireP?rt..... ressed in the last paragraph of
pc, , tbat in a ma; to of such great national and
441k,ei'141 iMportancepecuniary considerations ought
4terfere.—The motion was agreed to.
tj.ord n„,, LAW OF DIVORCE.
rlllble-IIiYUGHAm presented a. petition frc.m areof-
,,,Prtt„ 1,14 'no named Stephen Pierce, complaining
The "t law of divorce.
t re X L.,,
hill
't) 1 r,;° 4 ---• LORD put off the presentation of his
~-'ir.e.°a4ng the Privy Council jurisdiction in cases
qinhlestill next Thursday (this day week).
L'elt (p)„C;13 M MON LAW PROCESS BILL—
Ioi-mtl RA.I."P SESSION (SCOTLAND) BILL.
ft 41:t Z-(;',,,111EL1, Lmo•sed the order of. the day for
in 4111 e `'(lllllnittee on these two Bills. He said
-:11,14.41 !'"has save troMble if he a ere to
e1t.a",,411i1114 ,the amendment he wished to propose to
kaa:eitilo,,ome difficulty. might urise respecting the
11).1;P aZen the service of the process. ought to be
1'417°44.'45t persons might serve their own. turns
kw lily 41nteigner to swear that the service had
Provid.t° ol,ettd properly effected.—(. Hear, hear.
ollied,l4l. tjgta this, he should introduce a clause
t 1 0 'l' be "It the service of a process abroad
i,4l' 4 tot. made either by a British subject
al: be eat.Y public.—(Hear, hear.) Before he sat
114 tilia.-qed to allude to a pint connected with the
Olt die elk Noble milt who was not present - e
4terof 141-41ke of It
—on, who was the hereditary
141 Ife airlY rood House—was extremely anxious to
f
yltee ,tbe rights and maintain all the privileges o
111 414 e NC°
which he belonged.—(Hear, hear.) The
lltt.tiel'ottithas apprehensive that this Bill would
ItitD.qile In the liberties of that house, but he bel.ieve.d
ql'ittet7rd on the Woolsack would confirm him in
th.oetloteppt that it was impossible that they could at
Idlitnt;ited,,,ovith by that enactment.
ik'tb',„Nle,,,,',"'llAbl. said the amendment of the Noble
'404 te-i'rullY removed, in a great degree, his. ob-
Vtiam- iue first measure.' The notaries public of
'i`lerMany were mn of high respectability,
4 4 caPonsibie offices which were recognised
!4ittl'etillt.' and Governments of the two countries.
4, liatit4, "41.1Fes of the case might be quite evident,kw
leotthiY might be quite clear, and yet: the. eo --
4 Inlght not be of the smallest use in thetintp.
64,71eg ti,...a Writ of error. The judgment, no h
.eti);"1 knowledge of these facts, would stand. The
k. tlktor4l°tarY public in France would b e perfectly
IklN 41 ' th °ugh in other countries it might. trot be
OI.P chat night it would be better to specify in this,
I%leitaCtileo.out!tries the service was to be by a notary
'!`llii,,,eott'ej,,2e in which it should be by a British subject.
NI Nit h,-..., Where the service was to be by a
.British
•ktori."ight Come through the instrumentality of a
~'llll,llll.iols. ,In the islands of Corfu and Zante it was
llahtZenend on the notaries public, and he
at, be
proper plan could be adoptedf than to let the
tettZtltlttr.;:ed by the affidavit o a British subject.
114ilitt(). 'lle amendment might be introduced in
'41,11111.11:: CHANCELLOR said that he thought it
441441" to see the operation of the Bill in the
)' nlil„e 9sourt of Equity.
441lie1oZz_tilFeLL aelled-if his Noble and Learned
i %}..n/F,alree a day ?
111(:, Th`: Lai A NCELLOR said the first clay after
ilk;eta'n;t' be thought, would be a sufficient time
" ,I;nR the operatione of this Bill in the Courts
1.1,4;44" he wished for this time, for he did not
tki,littatte,ln the dark.
4iii,,QURTON said that he was sorry to say that
,lit let:" ;"tish subject was not a sufficient guarantee
r
eSfec'd faith ; and that, therefore, the b
Vdi, re uel, when the notaries public were
dnot to
Si to,l2Pnni that the notice should be serveß biys
!lVeetr't under the supervision of the rti h
ill 1.0441 t itl that ccuntry.
'. Ne.o v., CHANCELLOR then put the motion, and.
Itltit-4,1e I,`"t iato Committee, pro forma, on the Com
I, q) niprOcess Bill, the Common Law Processad)
lie , l' and the Court of Session (Soct a
N km
, 1. Of e
:11 „ii,, ....,,r.5... reported progress, and
411eNite to sit again on the first day after Easter.
1/Alll.ll pS r,CLAUSES CONS ")LIDATION BILL,
lIii`kgr,,`MIIPANIES CLAUSES CONSOLI-
iIII 't ai,,43C0 FLAND) BILL.
kkh*ete ,4`t'u of the Duke of BUCCLEUCH these
' 441 4 first time, and were ordered to b
tll4 %h,,,
'''ltAl4ll4o,-,443LEs (SCOTLAND) BILL.
01 )11.1Went into Committee on the Constables
tit the I ,aa
h -kqoti d
N 41 of the Earl of DALHOUSIE, words
IttpLeteZo to enable a constable to act in any other
knlctott,4l, Its well as in the. district. to which he
Itletitititi Went
`4; 'ill ' but under the direction of the sheriff. _
p,,, through Committee with this amend-
- 144.1t1,, Of SHAFTESBURY repir.ed progress, and
1444t0 Sit again.
hiPs then adjourned.
ay
gllO cis „---- Awe
aYtl-4tej; OF COMMONS, Marchk 6.
lOt!„.eritamti°ok the Chair at Twelve o cloc , and imme-
; Ott; wAy 8 the House went into Committee on the
r 4 -420 CLAUSES CONSOLIDATION BILL.
1.4140 /4eilagpu
Ntleoe7o:l,-44,SETt'said he understood the Hon. Mem-
-INe., Neil etd to amend or substitute another clause
\tal:ad neat just been put. The Hon. Gentleman,lting
4,1 . welrlet bad an opportunity of. some
consulting
tion on the , ktleta,l44l it ewin a position to give him
expedientmsftorm
l
t Iltallt, t4aell
N''le; I4oted r a therefore, 'll'aufuhtturmeeclay. that
tAit
Itllol' saraPrponetd ttiainae _
d great objection to the
t:44N th atoOd. e
.I',no deroubt the same clausbeehraedmb:men_
fol.-mer Bills ;. but
cii 1,!4 ~ obieetion to it wasit considerablymu de-
libhai"it wiltilwaY projects were few and far between.
l'h eti.oottireta allowed to remain in its present form,
LitiVopert'any would have power to do what they
)to,'•,,,.tati,-,„*lth an estate, and deprive the prc?periaer-
;' 711144 d titre with his right of owners.hip.---(sf:
ou;
ks! km toast admit, if they struck this cl
_t_i
Y4/401.C, Ttubstituted none other for it, greattdiaffiecgulties
iSt4io, eek7eY would haVe one Committee taking one
't4,qa tatiithre°;(l another restoring the clausen its pre-
cesnithe hard-
3-4iPkie`ii)rmoian,d fris,eincnionagulnei He thought,
io -mt -.4,11/"Al clauseleu ought to be introduced,re
A cunt ,modified than that which the p 7
',..A11et111444‘. 'lled• The next difficulty that had
141k,0 to him was, that the Bill had been before
4iltlik_ liZik,olll.l,p_ time, and all the railway cl
*lt 0r,,t0 htqanee with its provisons.. I 1 however, the
4N', I°, modified as to meet his views, the pro-
L ,14 -fta,"Y,4)? schemes would be put to the expense
I,,kil4%ipS.til, e-rving an immense number of additional
lor, ? • 41a e-‘4,t wilY could not the engineer state in Como _
tttpltit:. ‘` bii-e.'ard he would require for the purposes f
7‘tbe 'era to do this, the difficulty would begot
,11j,k(kli Vila pass respect to
) He was
. 11'
With . future tailways, they might
th.t4e44;./ 'Nig a special clause,—(Hear, hear
0, ttO3tNi .ed to his Noble Friend for the .course he had
4,,t1;14,. • wc:lnit: this clause and he trusted on a futu_re.
V. 011i,44, be able, in and
way or other, toremedy
ltil!iinn ~,,,, he mast. confess, from what he had heard,
ti‘0,k....1,-ggerated but on the contrary, he thought
, At.t, ti 'Crralt
t,,,,tt •, 14
~1- e pr understated.
116,14 't, A this ~ "eelYed that the House should. look at this
kNioteZlti,..4,l% There were now 240 Bills for railways
ly
i.., ti„,-;4 it run the risk of now making. a mass of.
litjpita;, Which might involve very serious qu.es
'1 4tl "ills LProPerty, merely for the sake of passing.
0400 Slia ?
lio ihettet
,i'lletßi,
014 tent tut f hoped that Hon. Members would
tINI Ilti. be call or the consideration of this clause before
tjklttlNliled4o hesttt upon to pass it. For his own part, he
411ot kenh.,N. aevertion in saying that the clause as it now
0 'l4 thi ,gII-t satisfaction to the landowners in this
i°l4lr,e4ltloter,,T)sein—that it, in
.fact,. meant nothing more
111 li, 114 toy kn. otute total annihilation of every estate
4--te It t° kr, the benefit of a few speculators. He
117 al ' hnq '''' from the Noble Lord Lord G. omerse.t)
11,4411t,f_nt;,..:0tilt:4A4t:otei713idusered this clause with a view to its
I, Ili)tillitt, f-'41•13N'
tk 4, ea ii .•. --The great difficulty • .
t, att
of this sort was, that sufficient time
~,d;„,,er di3
4,
httilt::::::Zi.f." full consideration of such a clause
iNtltiraNit . eussion. In the present instance, how-
could be removed, by postponing the
;,14Vttel) the e - recess • and that interval could he em-
-1 tlllattlilloss-r4l'lleer in endeavouring to ascertain, as
:ttlilelln:ithets,de" the quantity of land he would require to
10
4440 li'sg-i• Another point to which he wished to
I,,att,•totkitcti'onme absolute necessity there appeared to yi
1411 I_4l ttelnov - r°lt ate general clause upon this subject,
Loti, oPtet ,'e difficulty tl at Committees had t? en-
Ft, „l lit ,SO-tri`eelatble in each 'separate Biil. The Noble
1111‘ il. to iii, ~,t, ,nrecieta had certainly devoted much atten-
-410111hS'NIC:(k ilear,r.f°r)
u the house should feel much
Nts` lift 14 a -"-'AN b hoped that this would form one of
I,tht4titils; fortoosolidation Bill, instead of being left to
a1tY0,,t11:„1.4) tt, tar its Present shape it was a source of the
.P,tt'All 'tilt '''r lare'ow • in the country. Indeed,.
rri!til *lil lOof kaliing. N'v'hatnewl?uld their ancestars say., it
ti, eat chi
ti, P trom their waves and .
heirs tlie
lt4ek., tlupoilue estates they had left their
Y % 114 „ and cut up by these railway companies ?
ik; th th. r, f„,„
t'Vet 4 .14 0, "11 Colonel Sibthorp.) lie had given
cltith it no,,,'etst consideration ; but he felt bound to
I,,,''V. 'ti '" 'Aced lie thoughti 't would be by no means
h.tri,,eo,,, he st,„„._B_, 1,
11 4 I'‘!. ki-V." °I '''.6F-, soon ~f. the Noble Lord apposite, to
5het115.44" S';`,`,J3lt /Z,,,i,ation from 1,000 to 300 yards—
th, _ 41tir,..-`9r.. I --- Fro
Tst, . eaeLA,„ 111 1,000 to 500.
l'ote'qe,, '.O ren,„ .",-)----W eh, even to 500, was one that
kSil'aillutß, ht Co 'Jo! causes of-complaint ; but he thought
Lti1..44,„,,n the,„
_;lsider what was the smallest possibie.
tNa7l4)'..,,tist4,Bo?uld reduce the power of the engineer
geb,.!lt,et klie4r i_.', With the facilities necessary for making
\Cti.VA..tl444aW!tn ti;;Leletrrl.) For, after all, what was it but a
'4 ',II vid B 1 gineer and the owner of the land for
_
1,411 tar \ 4 e et.
eel.. nks ') at,„. a certain quantity of clay or gravel%
t,ey'Attteisibiel6allai he would say, limit the engineer
c)„ i ft, . .1' qi , even to one hundred yards.—(Hear.)
;le 44 j the ii not quite coueur with the lion. Baronet's
cittd yartse. were to reduce the limit of deviation
' 14 Would, iv. his opinion, put a stop to
4

railways altogether. What he wished to have done was,
that the engineer should have sufficient time to ascertain as
closely as he could what quantity of land he would actually
require.
Mr. ENTWISLE had no doubt but that this discussion
would hsve the effect of nicking engineers more careful and
exact in future.
Lord G. SOMERSET had no doubt, but that by Tuesday
next, or whatever day the Committee should adjourn to.
this clause would be so tressed as to meet the wishes of all
parties.—(Hear. )
Mr. HA\VES said, that any course which might be taken
must be attended with sonic inconvenience if there were not
such a clause as that which was contained in this bill. He
was sorry, therefin.e, that the Noble Lord and the Honourable.
Gentleman opposite had consented to the postponement of
this clause, and he thought they were taking a conside-
rable responsibility respecting it. He had taken the liberty,
when last in Committee, of stating his views respecting
the difficulty which was likely to arise from the opera-
tion of a clause of this kind.—(Hear, hear.) Ile had
done this in answering the objection of the Hon. Mem-
ber fur Newcastle, and he apprehended that the diffi-
culty would be greater from not adopting a clause of this cha-
racter, than if they did adopt it. The power at present pos.
ses,ed was altogether insufficient for the right direction of
engineers. Now he believed that it was impossible for en-
gineers to ascertain beforehand precisely what they would re-
quire, and there ought, therefore, to be some latitude given
to them. They could not always ascertain what land they
would require—and, indeed, the opportunity of making the
requisite observation was sometimes denied to them The
Hon. Member for Lincoln had made an observation, to the
effect that if he had seen a surveyor setting a flagstaff on his
land to ascertain what land, and which land, was required
for a railway which would pass through his estate, he would
resort to a very unpleasant argument to induce him to desist.
Col. SIBTHORP—The argumenttzm ad baculuin.
Mr. HAWES—Precisely ; and he thought that ibis was a
very likely mode of preventing an engineer from obtaining
that accurate information which Hon. Gentlemen opposite
seemed to require. There were other cases, to which lie need
not refer, but they had occurred only last year, and were
sufficiently notorious. They should also remember that the
Committees were called upon to report specially to the
House; that the power delegated would be specially applied
to every private Bill in Committee, in which the main ques-
tion ought to be what course a railway should take. Now
the power given by this clause was a definite power, and
he thought it was better to know what powers were
given, if they gave any powers at all. There was no question
but that gentlemen who represented the landed interest were
anxious to avoid the inconvenience to which they were sub-
jected by making a railway. Members of the landed interest,
it was true, were greatly inconvenienced by the making of
railways in many cases. Many other classes were put to in-
convenience, but it was the landed interest who in the first
instance felt this inconvenience, and he must say that he
thought that, as a class, and it was much to their honour, they
had readily conceded their property in most cases for the
public benefit. They did, it was true, derive advantage from
the making of a railway, in common with all the country,
but they were the first to suffer the disadvantage of its con-
struction and the last to enjoy the benefit when it was com-
pleted; and he was, therefore, anxious that their interests
should be secured as far as it was possible to secure them. If the
clause which they weodiscussing was omitted the whole power
granting land fur deviatiou would be left to the Committee,
and the whole of the power of the House would be delegated
to such Committee. lion. Gentlemen should recollect that
the Committee would exercise its functions judicially, and, aa
that was the case, it was, in his (Mr. Hawes's)opinion, better
to know what power they were about to give.
Mr. TATTON EGERTON said that the Honourable
Member (Mr. Hawes) had professed to be anxious
to secure the interests of the land proprietors, but he (Mr. T.
Egerton) conceived that the course the Hon. Member wished
to be adopted was only likely to affect the interests of the
large landed proprietors. Now, they were well able to defend
their own rights. If they felt a grievance they could come
before the Committee and state it. but it was the small
landed proprietor whose interest ought to be cared for. If a
small freeholder were injured, as by such a deviation which
was required by this clause he was very likely, nay
almost sure to be, he had no power of bearing the ex-
pense of bringing his witnesses to London, and proving
his injury before the Committee. He (Mr. T. Egerton)
therefore thought that the latitude given by this clause was
excessive, and ought to be abridged. He thought that the
engineers were able to ascertain with more precision than
they were accustomed to do, what land they would require,
and not take as they seemed inclined to take, one, two, or
three miles for their spoil earth. One Hon. Member said that
it was utterly impossible for an engineer to tell until he
arrived at any particular portion of the line where his bricks
for tunnels,:or stone for his bridges, was to be obtained. There
might be something in that, but still he thought that
it was no justification for giving such extensive
powers, and that when a deviation was permitted, notice
ought to be given to the small landed proprietors, whose in-
terest would be effected.
Mr. R. PALMER said he thought that a clause of this
nature ought to be inserted, but he did not think tha Ithis
was sufficiently precise. They could not tell whether it was
a thousand yards or only 250 yards that would be required,
and he thought that the engineer ought to say what extent
he would require. He did not speak from interested motives,
for the railway by which his property was affected was finished.
In many cases what was called a temporary occupation was,
in fact, and in reality, converted into a permanent one. That
was the case with regard to a cutting two miles in length,
which the Great Western Railway Company made through
his property, near Reading. Availing themselves of this
power of temporary occupation, they cut through some very
excellent land, and left the earth, which spoiled about thirty-
six acres, besides leaving a miserable eye-sore, and although
he took legal advice, and was told that he could bring
an action to compel its removal, yet, as lie believed,
it would be impossible to remove it, he did
not think there would be much use hi bringing
an action. He stated these facts to show that a temporary
occupation was sometimes equal to a permanent one, and he
advised the Committee to be cautious in giving such an ex-
tensive power.—(Hear, hear.)
Colonel SIBTHORP said that what be complained of was
that surveys were made during the night—in fact, that the
engineers came to poach.—(Laughter.) He heard the manly,
good old English speech of the Hon. Member for Berks with
great pleasure, and he thought they should pause before they
gave such unheard of power to railway companies. He
begged to tell the Hon. Member for Lambeth that he had
given land for roads. and would do so again, but he thought
the least that siseald be done was to ask him. He did not
like to have Lis property seized per fas et nefas. He was
sure that if some of his ancestors were to rise from their
graves—though he had no wish in the world to see them—
(Laughter)—they would be very much surprised at such
power, and would strongly object to these proceedings.
Sir D. NORREYS thought that notice should be given to
those persons through whose property the road was to
be made, that they were about to take the land.—(Hear.)
He considered that the giving of 250 yards, in addition to 100,
which would be about a fifth of a mile on each side of the
road, was a monstrous power.
Lord G. SOMERSET said that the Hon. Member had re-
ferred to clauses which had not yet come under discussion.
He would suggest that it would be better to urge objections
when the clauses were before the Committee.
Mr. lIAYTER said, that if they intended to limit the
power which the railway companies now had, they ought to
show some strong reason for so doing. The clause referred to
was not idly introduced, hut was introduced in the model Bill
after mature deliberation. It was impossible for engineers to
define exactly the space which they might require.
Mr. WODEHOUSE said that he was precisely in this
situation. A railway company had agreed to give a noble
relative of his 20,000/., as a compensation for any loss that
he or the tenants might sustain. That was a large sum ap-
parently, but his noble relative did not receive one sixpence
of it, for it was applied to a settled estate. It might be a fair
and just compensation, or it might be the worst bargain that
could possibly be made. If those railway schemes went
to decay, who was to maintain the poor on the
estate? It was this latter consideration alone that induced
him to ask the Noble Lord (Lord G. Somerset)—who con-
ducted the business before them in a manner which every
person must admire—( Hear, hear,)—to postpone this clause.
Not only with regard to that part of the country with which
he was connected, be with regard to every other part of it,
he thought that the course to be adopted should be clearly
and explicitly declared.
Clause 20 was then postponed, and all the subsequent
clauses up to 32.
On clause 32, relating to the crossing of roads, being pro-
posed,
Mr. AGLIONBY said he hoped the Noble Lord would con.
sent to insert the word " highways" in this clause instead of
" carriage roads."
Lord G. SOMERSET intimated that he could not agree
to the amendment proposed.
Mr. AGLIONBY expressed his surprise at such opposition
on the part of the Noble Lord, when a majority of the Corn-
mittee had the other day decided in favour of a similar pro-
posal. Though the clause was not the same, the principle
was ; it was that of extending a just protection to the
public in the cases to which the clause referred. He
knew the Noble Lord had said that the erect
would be in all cases to prevent railways from
making roads on a level ; but that was a mistake : such
power was reserved to the Committee sitting on a special
Act, to say whether, in particular cases, roads should be
made on a level, or whether the public safety could be se-
cured without such a provision.—(Hear, hear.) There were
many footpaths by which children were accustomed to go to
the sea-shore, or other places for amusement ; and where a
level road was made for their accommodation, he was told
that in many cases not even a policeman was placed there to
protect the public. He had consulted the agent of one of the
largest railways, and also one of the ablest engineers in the
country, both of whom told him they had for years felt that the
public were not sufficiently protected. He had asked them
whether the necessity of having bridges or conduits would at
all interfere with the progress of the railway business ; the
reply was, that it would not interfere with it in the east.
The public were often driven to use a ladder in ascending
and descending when they crossed a railway. He maintained
that they ought not to be put to such an inconvenience. If
he did not succeed in inserting the word " highways" gene-
rally, he should propose to insert in clause 44 these words :
" The Company shall make convenient ascents and descents,
or bridges, or bridges over, or culverts under, the railway,
where necessary for the convenience of the public." Another
clause which had been suggested to him was :—" And in those
cases where bridges either under or over can be conveniently
made and are reasonably required, the company shall, on the
requisition of two justices of the peace, construct such bridges
in lien of such ascending and descending approaches." The
Hon. Member concluded by proposing to substitute "high-
ways" instead of " carriage roads."
Sir. R. PALMER agreed with the Hon. Gentleman on this
subject. The case of bridle roads was one well deserving
consideration. He should suggest a reference to justices in
the case of footways.
Mr. T. EGERTOv supported the amendment.
Mr. HAWES thought it advisable to make the public Acts
as definite as possible, and to leave to the Committees on pri-
vate Bills as little latitude as possible.—(Hear.)
Mr. DARBY thought that the preservation of the foot-
paths was of the greatest importance. If there was not some-
thing dune to compel the companies to make proper ways in-
stead of the paths which they intercepted or destroyed,
might they not carry their road across a path, and then make
steps in the cuttings on both sides, and leave it to those who
used the footpath to find their way as they could across the
rails, even when the train was coming ?—(ilear.)
Mr. HENLEY approved of the proposition of the Hon.
Member for Cockermouth. It v, ould he a most valuable im-
provement to bring every footway before the Committee, as
well as every carriage-way, as those who used the footways
were least able to take care of theniselves.—( Hear.)
Mr. W. PATTEN thought the aiiiendment would do no
good unless the suggestion of his Hon. Friend the Member
for Berkshire (Mr. R. Palmer) were adopted. It would be
best to leave it to persons on the spot to say whether the
footpaths and bridle ways should be crossed or not.
Mr. AGLIONBY said, that in proposing that the inquiry
respecting footways should take place in the Committee, he
had no wish to occasion expense to the companies; but he
would not save the expense of the companies at the expense
of the public.—(Hear.)
Lord G. SOMERSET thought that the amendment would
lay down a principle which the Committee would find very
difficult to earry out.—( Hear, hear.) However, as the sense
of Hon. Members seemed so strougy in its favour, he would
not oppose it. But he would propose either as a new clause,

or as an addition to this, a provision such as was suggested
by the lion. Member for Berkshire. That clause could not
be drawn up in a minute, and he would take time until fly;
bringing up of the report to prepare it. At present he would
not oppose the i.sertion of the words in the Hon. Member's
(Mr. Aglionby's) amendment.
Mr. JAMES said, tLere could be no question whatever
that the rights of foot-passengers were equally as important
as those of persons who could afford to keep carriages He
therefore congratulated the Hon. Member for Cockermouth
upon the course which he had pursued.
Mr. LAWS( N wished to express his opinion in favour of
the amendment. Foot. passengers had just as much right to
protection as any other class of passengers. He had seen on
the London and Birmingham Railway great inconvenience
arise from the want of sufficient accommodation for foot-pas.
sengers. At Harrow they had to go down steps on Ihe one side,
and ascend on the other, and this he thought was extremely
injurious to the public safety. He would refer these matters,
in the first instance, to two justices on the spot, and then let
them be referred, as other cases were, to quarter sessions. At
the same time, he wished to give every facility to railways.
He was not one of those who wished to offer any
vexatious impediments to these great projects, but still he
must say the suggestion of the lion. Member for Cocker-
mouth met with his entire approbation.
Mr. AGLIONBY said, he wished to insert a clause affect-
ing all cases, leaving it to an equitable tribunal to say whe-
ther the necessities of the public required any sacrifices to be

made on the part of the railway. -
Lord G. SOMERSET said he would consider what other
alterations would be required, and then frame a special clause
to meet them as well as the views of the Hon. Member oppo •
site. This special clause he should submit to the Board of
Trade, and if it were approved of by them he would propose
it either in the Committee, or on the bringing-up of the report.
Colonel SIBTHORP o*!cted to the paragraph in the
clause whch imposed a penalty of 40s. upon officers who ne-
glected to close those gates which were entrusted to them,
because he thought it was not sufficiently heavy. This was
the course adopted by the House, some few years ago, in the
case of what are called " public conveniences," but what he
thought were " public nuisances." He meant omnibuses.—
(Laughter.) More impudent fellows than those who drove
these vehicles could hardly be met with, and when the penalty
imposed upon them was only 405., the evil was never abated.
When, however, imprisonment was substituted for fine, ac-
cidents through the negligence of those fellows became less
frequent; and he should like to see the same principle ap-
plied in the case of railways.
Mr. AGLIONBY said another paragraph in this clause
went in direct violation of his views. The,part to which he
alluded made it compulsory for railway companies to build
stiles, but said nothing about gates, or men to mind them.
Now he wished to establish this principle—that the foot
passenger should be protected in the same way as the car-
riage passenger—namely, by putting up gates; and where
it was thought necessary, placing officers to mind them.
He was not now arguing in favour of any point by which he
could benefit himself; his sole object was that the
public should have a right to have gates at all
places where there weree footpaths, and men at those gates
when necessary. Now, he would ask the Noble Lord, were
there not hundreds of cases where human life was endangered
by the absence of these precautions?—(Hear, hear.) He
had heard of attempts that had been made by certain
landowners to stop up these footpaths altogether, they
had become such nuisances ; and he quite agreed
that many of them were ; but though they were such, yet
many of them were necessary for the use of the public, and
therefore should ba a:tended to. Now he would ask, was
there to be no gate or other protection at both ends of a foet-
way, which might pass through 'a populous town,
and be crossed by railway? On such footways, men and
women and children were continually passing, and it was
no use to say that the publication of the starting and arriving
times of the trains was sufficient warning. Therefore, he
would say, have a general clause requiring the erection of
gates in all cases, and officers where necessary, and then
leave to the local justices the detail. He begged to move
the insertion of the words " highways" for "carriage-ways."
Mr. D4.118Y doubted very much it even that would have
the desired Tact, for he could not see what use a gate would
be without a man to mind it.
Lord G. SOMERSET conceived that if the Hon. Member's
suggestion should be agreed to, it would have the effect of
annihilating railways altogether; at least, if a line of any
length was to be made, it would be rendered almost useless if
it were to be crossed by four or five hundred gates, and men
at each, all to be kept up at the expense of the company. He
would ask would not a stile be sufficient?
Mr. AGLIONBY— How was a horse to cross a style ?
Lord G. SOMERSET—Where there were bridle roads
horses could cross ; but foot paths were not necessary in

.hose cases.
Mr. AGLIONBY—The Bill contained no proiision for

stiles.
Lord G. SOMERSET could assure the Hon. Member that
if his amendment were inserted, it would be found to be so
mischievous; that it would be rendered nugatory by
the number of exceptions that would be intro-
duced. He conceived that, giving the power proposed by
the Hon. Member to local justices, more real harm than good
tvih-oeuliliobneadeonweouthlde pnuobtliacg. On thehisashpolreophoesitti,dn, haolpld that
should divide upon it he would resist it, for he conceived it
would be an ill-advised course to adopt.
agree if
Mr. AGLIONBY thought it would be better for the
House to admit that it was ill-advised, than that it had been
inconsistent. If stiles were to be made, he would ask why
not gates also ? And surely, if local justices were
to be deemed competent to decide as to
where bridges were and were not necessary,
they were equally competent to form a judgment as to the
necessity for a gate?—(Hear.) Clause 49 had been alluded to
as meeting this case, and on referring to it he found it
provided only for the protection of the owners of land, and
he had no doubt they would take care of them-
selves—(Hear, hear)--but were the public to have no pro-
tection ?—(Hear, hear.) On the whole, he was so strongly
impressed with the justice and fairness of his proposition,
that he would divide the House upon it, for he conceived he
would stultify himself by not doing so.
Mr. C.kRDW ELL said that it was not the 49th
clause to which his Noble Friend referred, but to the
43d and the 44th clauses. The clauses were perfectly
distinct, and it was not at all necessary, because one clause
was passed that the other should be passed also, and he did
not hesitate to say that if the words were inserted
which the Honourable Member for Cockermouth
wanted, they would have the effect of preventing the
Committee from making any alteration whatever. The parties
who were to be protected were not the railway parties, but
the public. It was not reasonable, in securing the
interests of the public, that they should require
that 300 or 400 gates, and 300 or 400 gatekeepers should
be appointed, when, perhaps, their services would not be
required oftener than once or twice in the twenty-four hours.
Doing so would be highly expensive to the company, while
there would be no adequate benefit to the public, and he,
therefore, h. ped that the House would negative the proposi-
tion of the Hon. Member for Cockermouth.
Mr. lIAYTER said that he quite agreed that if these words
were inserted, the Committee would be deprived of the
power of making any alteration. He believed that
railways were of great advantage to the public, and lie
should, therefore, protest against the insinuations
which had been thrown out against those Members who came
down there to render assistance in maturing these projects.
Gentlemen connected with the landed interest conceived
that all these projects were detrimental to them, and
they entertained a jealousy of all those who supported
these projects, and that their object was some private end,
and not the public good.—(" No,' from the Ministerial side.)
He did not feel that he was actuated by any private end,
and he should,. therefore, persevere in his course.
His object was to do justice, and that should
be done to both parties.—(" No doubt of it," from
the Ministerial side of the House.) What was the
case? If these gates were erected, two gatekeepers would
be required for every single footpath, and thus the company
would incur an expense of 1001., a year for every one of them,
and if there were 300 or 400 the expense would be 6001.
a year for all these footpaths. [The Hon. Gentleman was
corrected by a Member opposite, who stated the expense
would not be 600/., but 60,0001. a-year.l AL any rate, it
would be enormous. In the case of bridle-paths, he ad-
mitted that some regulation was necessary, and a clause
might be introduced for erecting a proper tribunal for direct-
ing the placing of gates ; but in the case of footpaths on level
ground, he thought they were unnecessary.
Mr. RICE said that the 49th clause applied to this case,
and he hoped, therefore, the Honourable Member would not
press his opposition.
Mr. WOOEHOUSE protested against the supposition
that the landed interest entertained any jealousy of those who
supported railways, or of railways themselves. He had lived,
during the construction of the Norwich and Yarmouth Rail-
way, very near to it, and he had never sustained the slightest
inconvenience from it, and such had been the case with a
Noble Friend in his neighbourhood. In the case of a special
train, the adoption of the suggestion of the Hon. Member
would cause great inconvenience. In one instance, a phy-
sician's attendance was requited at Yai mouth ; a special
train was taken, and, in consequence of there being no im-
pediment, he performed the distance between Norwich and
Yarmouth in a quarter of an hour, which would otherwise
have taken him nearly two hours. With respect to the jea-
lousy supposed to be entertained by landowners of railway
projects, he would beg to assure the Hon. Member for Wells
that be never was more thoroughly mistaken than in that
supposition.
Mr. TATTON EGERTON thought, in the cases of public
roads and highways, these gates were necessary, but that in
the cases of footpaths it would be a needless expense and
trouble to the companies.
Mr. ENTWISLE said that the object of this Bill was to
consolidate the regulations so as to curtail the proceedings in
Committees ow Private Bills. In his opinion, the Hon.
Member for Cockermouth would find that the exceptions to
the rule which be sought to establish, would be so numerous
as to increase the business before Private Committees rather
than decrease it, and he, therefore, conceived that the adop-
tion of the words proposed would be the very means of de-
feating the Hon. Member's own object, and he therefore
trusted that he would withdraw his opposition. If the ex-
pense were increased to the companies, the public in the end
would have to pay it.
Colonel SIBTHORP hoped that the Hon. Member for
Cockermouth would divide the House at once. They talked
of the expense of railways ; he thought that ought to occupy
little consideration. He entertained great jealousy of all
these schemes, and he hoped the Hon. Member for Cocker-
mouth would persist in his opposition, and bring this clause
to a test.
Dr. BOWRING said that the excepted cases were
many. He did not think that in more than one case out of
twenty would it be necessary to have a gate and a person
to watch it. They ought rather to legislate for the nineteen
cases than the one case.
Mr. GRIMSDITCH wanted to know by what words the
Hon. Member opposite (Mr. Aglionby) would get rid of the
objection that had been urged against the amendment.
Mr. AGLIONBY said that there was an entire misconcep-
tion of his argument and amendment. He did not mean to
put an end to all great railway scbemes. The words which
he would 'introduce into the clause were. first, the words
" highways," and then, " except where otherwise provided
by the special Act." He thought that their first object
ought to be the public safety, and that expense
ought to be a secondary object. lie considered he was more
correct in requiring that the public should be protected where
protection was necessary than the Hon. Gentleman near him
(Dr. Bowring), who said that they ought not to legislate for
one case because there were nineteen cases which did not
require legislation.
Lord G. SOMERSET thought that the tenour of the Hon.
Gentleman's speech was to afford protection, but that the
tenour of his clause would not have that effect. He
conceived that the public would have less protection
under the words which the Hon. and Learned Gentleman
sought to introduce than under the clause as it stood.
What he would propose would be this, that whenever a
public road, in a populous district, interfered with the rail-
ways going upon a level, a special clause should be intro-
duced to provide for that.
Mr. AGLIONBY thought that would do.
Mr. DARBY said that if the Honourable Gentleman
meant by his amendment to give th4k Committee the
-power of allowing public roads to be crossed, without
the railway company being compelled to put up gates,
and to keep persons to watch them, he would do well to
persevere.—(Hear, hear.) But if that were not his object