The Sun.
London, England, 1845-03-06 00:00:00

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least that e'svald be done was to ask him. He did not
like t
sure tli'l h.ave Li.i property seized per fas et nefas. He was
~„....e as if some of his ancestors were to rise from their
ZL'i: s---though he had no wish in the world to see them—
pot,:rte)—they woula be very much surprised at such
~' t and would strongly object to these proceedings.
those 1-) NORREYS thought that notice should be given to
, se persons through whose property the road was to
He
made, that they were about to take the land.—(Hear.)
i,ccansidered that the giving of 250 yards, in addition to 100,
mad' was
would be about a fifth of a mile on each side of the
'ul?e,r'ava- a monstrous power.
f rr_ , tr. SOMERSET said that the Hon. Member had re-
,,S,._ eaa, to clauses which had not yet come under discussion.
jTon°llld suggest that it would be better to urge objections
When
tb.a elauses were before the Committee.
,fr• HAYTER said, that if they intended to limit the
ii7er which the railway companies now had, they ought to
ft,..',' some strong reason for so doing. The clause referred to
not idly introduced, but was introduced in the model Bill
!ft/reniature deliberation. It was impossible for engineers to
mat.,l exactly the space which they might require.
ODEHOUSE said that he was precisely in this
A railway company had agreed to give a noble
of his 20,0001., as a compensation for any loss that
i- ell' 1
cation.a tri,,
hlif or the tenants might sustain. That was a large sum ap-
-077t1Y, but his noble relative did not receive one sixpence
a,,,, for it was applied to a settled estate. It might be a fair
„Lt:ltup,lust compensation, or it might be the worst bargain that
to ', Possibly be made. If those railway schemes went
eta.,"_s.FaY, who was to maintain the poor on the
estate? It was this latter consideration alone that induced
ef to k
du, as the Noble Lord (Lord G. Somerset)—who con-
, fed the business before them in a manner which every
Reorts°ll must admire—(Hear, hear,)—to postpone this clause..
he I,ronly With regard to that part of the country with which
hin thought
connected, bit with regard to every other part of it,
so-,tusugh that the course to be adopted should be clearly
(„exPlicitly declared.
tia`-aafise 20 was then postponed, and all the subsequent
11353 up to 39.
On pclause 32, relating to the crossing of roads, being pro-
kr,
sent AGLIONBY said he hoped the Noble Lord would con.
`` IT insert the word " highways" in this clause instead of
ctrr,i'age roads."
to til' G. SOMERSET intimated that he could not agree
714 amendment proposed.
onto AGLIONBI expreesedhis surprise at such opposition
toit,:t Part of the Noble Lord, when a majority of the Com-
aosir: had the other day decided in favour of a similar pro-
Itri, . Though the clause was not the same, the principle
NilNitit was was that of extending a just protection to the
e
4 the cases to which the clause referred. He
soy
\sst Noble Lord had said that the effect
!Sakis,"' in all cases to prevent railways from
ffrovrer, toads on a level ; but that was a mistake : such
Act, ti,"lB reserved to the Committee sitting on a special
zSade-r, saY whether, in particular cases, roads should be
esree a level, or whether the public safety could be Be-
kaa W4hout such a provision.—(llear, hear.) There were
the footpaths by which children were accustomed to go to
le shore, or ;ther places for amusement ; and where a
NtiTad was made for their accommodation, he was told
Protso „arly cases not even a policeman was placed there to
la -he public. He had consulted the agent of one of the
,014 est railways, and also one of the ablest engineers in the
PalaitrY, both of whom told him they had for years felt that the
alletiel were not sufficiently protected. He had asked them
all Meer the necessity of having bridges or conduits would at
ssierfere with the progress of the railway business ; the
ie7„„w,aB,, that it would not interfere with it in the least.
and tli"'ic were often driven to use a ladder in ascending
Flat n,-setuding when they crossed a railway. He maintained
at ai,i'eY ought not to be put to such an inconvenience. If
46' not succeed in inserting the word " highways" gene-
-4 li,,' 11,e should propose to insert in clause 44 these words or bris'uroisany shall make convenient ascents and descents,
aflier,7ges, or bridges over, or culverts under, the railway,
slials,"llsc essary for the convenience of the public." Another
tass4 Which had been suggested to him was :—" And in those
tstde Where bridges either under or over can be conveniently
,ttri,ft,r.lti are reasonably required, the company shall, on the
is . ITion of two justices of the peace, construct such bridges
Ban eicitt such ascending and descending approaches." The
'fa. -ember concluded by proposing to substitute ka') "high-
instead of'' carriage roads:'
Nest.til• PALMER agreed with the Hon. Gentleman on this
%aid • The case of bridle roads was one well deserving
the sZatiuu• He should suggest a reference to justices in
att---; of footways.
Lits. '.
Em,GERTON supported the amendment. .
;"'defi;".,_ 'YES thought it advisable to make the public Acts
'atter as possible, and to leave to the Committees on pia-
lis rla, as little latitude as possible.—(Hear.)
eltass,'RßY thought that the preservation of the foot-
., k'alii ,ilts of the greatest importance. If there was not some-
-74T 'spa to compel the companies to make proper ways in-
klqtl4l,l the paths which they intercepted or destroyed,
ZIA in",!Y Butt carry their road across a path, and then make
~.'1144; the ings.on both sides, and leave it to those who
411,1„,„:1 footpath to find their way as they could across the
usltlt, when the train was coming ?—alear.)
Nl* '''LF4'Y approved of the proposition of the Hon.
,erose for Cockermouth. It would be a most valuable im-
;411%4,3-14%10 bring every footway before the Committee, as
-.s carriage-way, as those who used the footways
atr't„,,ast able to take care of themselves.—(Hear.)
tal is. ,71' PATTEN thought the amendment would do no
L 11%.."4,5s the suggestion'
of his Hon. Friend the Member
'fit tokpaire (Mr. R. Palmer) were adopted. It would be
%tub:4l7e it to persons on the spot to say whether the
tt% • ,4r,,ob,,,Trig
.7s totulidn beroeproo
p ssisnegd ethantetthe inquiry
_444Z4l,wir footways shouldal
take place in the Committee, he
e
tiNilnsBll to occasion expense to the companies , but h
I "ei ~-4,",.ailve the expense of the companies at the expense
It.'N 074c---(Hear.)
olllevn;'• SOMERSET thought that the amendment would
of salt ti,4 Principle which the Committee would find very
Volut- %Try out.—(Hear, hear.) However, as the sense
Qoppotenibers seemed so strongly in its favour, he would
byl4 se se it. But he would propose either as a new clause,
4 tile tilddition to this, a provision such as was suggested
kLirliwa°„ll. Member for Berkshire. That clause could not
Ikt„ egi,"? in a minute, and he would take time until the
(11:1-.1' of the report to prepare it. At present he would
It." Aid,th,e insertion of the words in the Hon. Member's
Nil*. JAll,ny's) amendment.
littilie--:11..8 said, there could be no question whatever
Vele zolignts of foot-passengers were equally importantassie
lON Persons who could afford to carriageskeep
''th °ngratulated the Hon. Member for Cockermouth
k % toil •
Ilk t' Wee which he had pursued.
kZeeltd",,,SON wished to express his opinion in favour of
lltt'et ti 01 •.ent. Foot-passengers had just as much right to
4444t1ee 48 any other class of passengers. He
eheandvseeeninenoene
It 4 frot:11 and Birmingham Railway greeattienin
tre. ,e'e want of sufficient accommod for foot-pas.
kik teetv,t Harrow they had to go down steps on the one side,
lo briest t' en the other, and this he thought was extremely
til:itis l 5; the public safety. He would refer these matters,
lli, hefti.,!nstance to two justices on the spot, and hen let
lie ilarte-teit,etred, as other cases were, to quarter sessions. At
Vas '"e, he wished to give every facility to railways.
tiost !1(4, one of those who wished to offer
still
h any
k4lidy :Pediments to these great projects, but
r fast e .suggestion of the Hon. Member for Cocker-
hit
411,ktwithNBY his entire appishedrobatito on.
insert a clause affect-
the a - 44.", 4), said he w
leaving it to, an equitable tribunal to say whe-
-1414: ell resities of the public required any sacrifices to be
kit, ki q. te, Part of the railway.
k ,ratio t 8 001SIERSET said lie would consider what. other
447 est %would be required, and then frame a special clause
itfas Ilas• ern as well as the views of the Hon. Member oppo •
lig; so-a aPecial clause he should submit to the Board of
Cerir;`,lf, it were approved of by them. he would propose
41441 ," Committee, or on the bringing-up of the report.
Ahm,Sl,/iTHORP objected to the paragraph in the
, 84
to -,1 imposed a penalty of 405. upon officers who ne-
k%,
.q., 11,,,`,',55e those gates which were entrusted to them,
tVeirii `sought it was not sufficiently heavy. This was
,thso2,t stil.,,utPted by the House, some few years ago, in the
114,,aatt,, " are called " public conveniences," but what he
kthte;4lltesere '.l
More
nuisances." He meant omnibuses.—
? More impudent fellows than those who drove
41141 e" could hardly be met with, and when the penalty
6„ ~,: them was Only 405., the evitl.wt atseTefovrerfianbeataecd:
Nileakittlt,u,vgellf.' tihrnepirliseolliimgeenncte wo thosesubs lfellows'l
)4tmt th-o-' he should like to sea the same principle ap-
.atit,.AGLlast of railways.
,41(1i?said -another paragraph in this clause
ttiht'sa Fade
violation of his views. The part to which he
,S"sa, sllttle,il compulsory for railway companies to build
141,411 v,7;ul nothing about gates, or men to mind them.
Lab ger is-'sued to establish ths inciple—that the foot
l` a Ou.:'°4l(l be protected in ether same way as the car-
iNis namely,--namely, by putting up gates; and where
„.11,14110Cng4t necessary, placing officers to mind.them.
"kit bese-g°Nv arguing in favour of any point by which he
I,,is fatow-t himself; his sole object was that the
5'4041;4 have a right to have gates at all
tilli,%._th ere weree footpaths, and men at those gates
L., aPot qlrY• Now, he would ask the Noble Lord, were
Zfltoslst“fireds of cases where human life was endangered
17_,k, ,nsee of these precautions?—(Hear, hear.) He
ttss 0 tot z attempts that had been made by certain
Ot Lteolb,u Stop up these footpaths altogether, they
tlaajmass-,.,-, auch nuisances ; and he quite agreed
INc't ill,„' them were • but though they were such, yet
))ttorst:lll,7liir4erif‘s necessary for the use of the public, and
no ~3 attended to. Now he would ask, was
Rte allich gate or other protection at both ends of a foot-
"as ass through a populous town,
4'3 %II std b
tLitit and ~ Y railway? On such footways, men and
~to. ou,eu..fidren were continually passing, and it was
444":. tli :oat the publication of the starting and arriving
% 1, 6 'rainssufficient warning. Therefore, he
~_ ixv a was
requiring the erection of
thee
t`,4thea "i:sas, :Ler
oal
cce
fi arausewhere necessary, and then
tPlItiotol°0;al justices the detail. He begged to move
h:,44. Aitt,,,, the words " highways" for " carriage-ways."
,laia:rtd e' doubted very much if even that would have
kl.ssen,,t a fit, far he could not see what use a gate would
4R,,a0t,,w. S63asll to mind
Itiglartal sh '''RSET conceived that if the Hon. Member's
f
it toting
ic.)19(1 be agreed to, it would have the effect o
ktlPetet" ablelwaYs altogetherleast, if. a line of,
sasnyif
Ito%kli ben cr made lit it would be rendered almost useie
Lale,.'al, Ito -t?ssed by four or five hundred gates, and men
r. -"pt vr, ';s kept up at the expense of the company. He
liZta',„qtpX.,ll,ot a stile be sufficient ?
th(Zeo „n`i. so-5y,,,-- How was a horse to cross a style ?
qt'ea7tll(l e,,, -c4tSET—Where there were bridle reads
r, 7 es. -43; but foot paths were not necessary in
'qi
it)4;4 olto,
144,..1,4„4 souts,L--The Bill contained no provision for
ililie,„-endre."4SET could assure the Hon. Member that
(p;. '"4B ; -,7,1- were inserted, it would be found to be so
tamed,lber -ult,t it would be rendered nugatory by
Alt ~,t(oh",a e,s, vli exceptions that would be intro-
the"4l lz„,- aterlihelived that, giving the power proposed by
4„ 4, deo, „ to local justices, more real harm than good
ho'ala lisse would"it Public. On the whole he did hope that
N victe not agree to this proposition, and if it
11,..kr, Ann al tu it he would resist it, for he conceived it
ilig.74e OLIO-2,7v,,i8ed course to adopt.
IkOsistekittlit .1111, 1. thought it would be better for the
le 444. /,.' at it was ill-advised, than that it had been
Rh 4, I c„,. ;tiles were to be made, he would ask why
ths,,tit 1, deo,„ , And surely, if local justices were
11.42!ettriclgo;e' _ competent' to decide as to
V Z‘lty ,e(114411, n ere and were not necessary,
t':v"!tati,sr a togir e°RlPetent to form a judgment as to the
"Idetrli th. r--(Hear.) Clause 49 had been alluded to
L h °III 18
a3e
,s•ip,44 y for „ , and on referring to it he found it
L`tstr-(,, 4'o doubt protection protection of the owners of land, and
`% Al? tar hear vt they would take care of them-
tliNtZ(ll4 )bui Were the public to have no pro-
tt,ti'i,lit ,poWititr'thil_ear-) On the whole, ho was so strongly..
It` NI t.11(1 aio justice and fairness of his proposition,
House. upon it, for he conceived he
:1:14,*i CAtt,tY binli..lll,tle
MA, t.,'ADArg‘: u - not doing so.
"IT and 'Which 'l4 said that it was not the 49th
st,last tile his Noble Friend referred, but to the
lit? 1/aasellticl it 44e, th clauses. The clauses were perfectly
hi 114. (I that as not at all necessary, because one clause
TO 'tate the other
.st, th to 8 r should be passed also, and. he did
-sa, t Is 'l3' that if the words were inserted
they ;rinourable Member fer Cockermouth
°lt'd have the effect of preventing the