F IRST REPORT FROM THE SELECT COMMITTEE ON 1 together with THE MINUTES OF EVIDENCE AND APPENDIX. FIRST REPORT FROM THE SELECT COMMITTEE a ON RAILWAYS; TOGETHER WITH THE MINUTES OF EVIDENCE AND APPENDIX. [^Communicated by the Commons to the Lords.]] Ordered to be printed 20th June 1839. ( 115 .) Jovis , 11 ° die Aprilis 1839 . Ordered , That a Select Committee be appointed to inquire into the State of Com- munication by Railways, and to report their Observations thereupon to The House. Veneris, 12 ° di Committee nominated of, — a Mr. Poulett Thompson. Sir Robert Peel. Mr. Shaw Lefevre. Lord Granville Somerset. Mr. Thornely. Lord Viscount Sandon. Mr. Loch. Mr. Freshfield. Ordered, That the Committee have power Ordered, That Five be the Quorum of the Aprilis 1839 . Sir John Guest. Lord Stanley. Mr. Greene. Sir Harry Verney. Mr. Bingham Baring. Sir James Graham. Lord Seymour. send for Persons, Papers, and Records. Committee. Veneris, 26 ° die Aprilis 1839 . Ordered, That the Committee have power to report their Opinion and Observations, together with the Minutes of Evidence, from time to time, to The House. THE REPORT PROCEEDINGS OF THE COMMITTEE MINUTES OF EVIDENCE REPORT. THE SELECT COMMITTEE appointed to inquire into the State of Communication by Railways, to whom several Petitions were referred ; and who were empowered to report their Opinion and Observations, together with the Minutes of Evidence taken before them, from time to time, to The House; Have con- sidered the Matters to them referred, and have agreed to the following REPORT: — Resolved, rj'HAT it is the opinion of this Committee, That the Chairman do move The House that the following Clause be inserted in all the Railroad Bills now passing through Parliament ; viz. “ And be it further enacted, That nothing herein contained shall be deemed or construed to exempt the Railway by this or the said recited Acts authorized to be made from the provisions of any general Act relating to Railways which may pass during the present or any future Session of Parliament.” 26 April 1839. ( 115 .) [ iv ] PROCEEDINGS OF THE COMMITTEE. JLunoB, 15° die Apr ills 1839. Members present. Lord Granville Somerset. Mr. Greene. Sir John Guest. Sir Harry Verney. Mr. Shaw Lefevre. Lord Sandon. Mr. Loch. Mr. H. Baring. Mr. Thornely. Mr. Freshfield. Mr. Poulett Thompson. Lord Seymour. Veneris, 26° die Aprilis 1839. Members present. The Right Hon. Lord Seymour in the Chair. Sir Harry Verney. Mr. Loch. Lord Granville Somerset. Sir James Graham. Mr. H. Baring. Mr. Shaw Lefevre. Mr. Freshfield. Motion made (Mr. Loch), and Resolved, That it is the opinion of this Committee, that the Chairman do move The House, that the following Clause be inserted in all the Railroad Bills now passing through Par- liament: “And be it further enacted, That nothing herein contained shall be deemed or construed to exempt the Railway by this or the said recited Acts authorized to be made from the Provisions of any general Act relating to Railways which may pass during the present or any future Session.” LIST OF WITNESSES. Jovis, 18° die Aprilis 1839. George Glyn, Esq., and Richard Creed , Esq. - - - p. 1 Lunae, 22° die Aprilis 1839- Mr. John Moss - - - - - - p. 19 Mr. Charles Laurence and Mr. Henry Booth - - p. 30 Mercurii, 24° die Aprilis 1839. William Unwin Sims, Esq., and Mr. Charles Alexander Saunders, p. 38 Veneris, 26° die Aprilis 1839. Mr. Charles Alexander Saunders - - - - - p. 53 Mr. William Reed - - - - - p. 53 [ > ] MINUTES OF EVIDENCE. Jovis, 18° die Aprilis , 1839. MEMBERS Mr. Bingham Baling. Mr. Freshfield. Sir James Graham. Mr. Greene. Sir John Guest. Mr. Shaw Lefevre. PRESENT. Mr. Loch. Lord Seymour. Lord Granville Somerset. Mr. Poulett Thomson. Mr. Thornely. Sir Harry Verney. The Right Hon. C. P. THOMSON, in the Chair. George Carr Glyn, Esq., and Richard Creed, Esq., called in ; and Examined. 1. Chairman.'] (To Mr. Glyn.) YOU are the Chairman of the London and Birmingham Railway Company ? — I am. 2. (To Mr. Creed.) You are the Secretary? — I am. 3. Have you brought a copy of the regulations of the Company ? — (Mr. Creed.) I have. [Mr. Creed delivered in the same.] 4. Do they correspond with the regulations you gave on a Return moved for in the House of Commons? — (Mr. Glyn.) They do; these are all our regula- tions as regards the public and passengers ; we have other regulations regarding our own servants. 5. Have the goodness to state to the Committee what your amount of capital authorized to he raised by shares is ? — The first amount of capital we were authorized to raise, by the 3d Will. 4, c. 36, was 2,500,000/. 6. What other power, with respect to raising money, had you under that Act ? — We had power under that Act of raising money on mortgage of the tolls, to the amount of 835,000 l . ; there was also power under that Act to raise money in anticipation of calls, after 50 per cent, was paid up. 7. To what extent ? — £. 1,250,000. 8. Of that capital, how much has been called up ? — Ninety per cent, upon the 2,500,000 l. (). Under your power to borrow one-third, or 835,000/., how much has been borrowed ? — ' The whole. 10. Under your power to borrow in anticipation of calls, how much has been called? — Ten per cent., 250,000/. 11. What was the next Act? — The next Act is the 5 & 6 Will. 4, c. 56; under that Act, we had power to raise 165,000 /. by loan and mortgage of the tolls ; and those debentures are issued, and that money has been raised. 1 2. Lord Granville Somerset.] Why did the Company think it more expe- dient to come to Parliament to raise 165,000 /. in that manner, instead of using their power of raising more money under their original power of borrowing 1,250,000 /., when 1,250,000 /. had been paid ? — The object of the Act was to extend the railway from Camden Town to the Euston Station ; and we took the capital specifically for that object, but took it on debenture, rather than enlarging our capital at that time. 13. You thought that a more expedient course than raising the money by further calls ? — Yes. 222. b 14. You George C. Glyn and Richard Creed > Esqrs. 18 April 1839, o MINUTES OF EVIDENCE TAKEN BEFORE THE George C. Glyn and Richard Creed, Esqrs. i & April 1839. 14. You were obliged to come to Parliament for power to make your pur- chases ? — Y es, and we took the opportunity. 15. Mr. Loch.'] Did not you take power at the same time of raising that 165,000 /., and such a proportion of the 835,000 /. as might be raised by creating additional shares ? — Yes, we have power to convert those debentures into capital when they become due. 1 6. Chairman.] What was the next Act ? — The next Act was the 1 Viet. c. 64 ; by that, we had power to raise a million, and did so, viz., 625,000 /. by shares, and 3/5,000 l. by a further issue of debentures on the tolls, making together the sum of a million under that Act. 1 7. What have you done under those powers ? — We have under those powers called up the sum of 125,000/. upon the capital by shares, and we have bor- rowed on loan 500,000 /. on shares and tolls jointly. ] 8. You obtained power under that Act, as you had done before, to borrow money in anticipation of calls ? — We construe it so. t 9. Lord Granville Somerset.] Why did you think it necessary to come to Parliament to raise an additional sum until you had called up the money raised under the other Acts ? — It arose from the state of the money market ; the year 183“ was a year of extraordinary pressure upon the money market, connected with the American trade particularly ; the pressure in Lancashire, where the greater part of our shares was held, was such, that it became a question of expediency what we should do ; and we proposed issuing debentures in pre- ference to calling upon the proprietors to pay up their stock. •20. Had you exhausted the powers of the Act of the 3 Will. 4 ? — Yes ; and we had exhausted also the powers of the Act of the 5 & 6 Will. 4. Then, in 1837, we obtained powers for one million more money, on which we called from the proprietors 125,000/., and borrowed the remainder of the million. 21. Mr. Loch. J The whole of the 165,000/. under the second Act was bor- rowed ? — Yes, on the tolls. 22. You had under the last Act a power to raise 125,000 /. by shares, and to borrow 500,000/. in anticipation of calls ? — The whole of the stock of 625,000/. is created; of which, 125,000/. is paid up, 500,000/. raised in anticipation of calls, and 375,000/. issued upon the tolls ; making the whole million. 23. Chairman.] Can you state what is the total amount of capital created by the different Acts ? — £.3,125,000. 24. What is the capital actually paid up ? — £. 2,375,000 actually paid up on shares. 25. What is the amount of loans raised on mortgage of the tolls? — £. 1,375,000. 26. What is the amount of loans raised in anticipation of calls ? — £.750,000. 27. What is the sum which yet remains to be called up under the powers of your Act ? — £.750,000. 28. Sir John Guest.] Ninety per cent, has been paid on the original shares ? — Yes, and five per cent, on the 25/. shares. 29. What is the number of your shares? — Twenty-five thousand of 100/. shares, and the same number of 25 /. shares. 30. Mr. Thornely.] Of the 100/. shares 90/. is paid up ? — Yes. 31. How much is paid up on the 25 /. shares ? — £. 5. 32. Why did you not call up 5 /. on the original shares instead of creating new shares? — The same reason which occasioned our not calling for more on the 25 /. shares ; it was in the year 1837, during the pressure on the money market. 33. Chairman.] There are 75,000/. still to be called up ; have you any power to call that up, or is it so mortgaged that you cannot call it up ? — We conceive it is so mortgaged that we cannot call it up, but we have applied to the committee before whom our bill is, that the new stock now to be created may be charged with the debentures issued in anticipation of calls, and that we should therefore resume the power of calling up all the old stock before we created any new ; but the committee negatived that clause. 34. Are SELECT COMMITTEE ON RAILWAYS. 3 >4 Are you under any engagement to parties who have lent you money in George & ^ Glyn anticipation of calls, not to pay them off until any particular period?— They Rkhard cw> are for particular periods ; we cannot pay them off until they become due. Esqrs. or p or what periods is the money borrowed They become due in 1840 to J345* 18 A P ril l8 39* og_ You could not, without some arrangement with your creditors, call up the additional 750,000 /. which is thus mortgaged to them ? — Certainly not. 37 Sir James Graham .J Is there any definite period for which the advance is made?— It is for different periods varying from 1840; the first debentures become due in 1840, and the last are due in 1845. 38. Chairman .] Have you made any dividend yet on the London and B11- mingham Railway ? — We have one. . . 39. On what capital has that dividend been made ? — On the original capital of 2 500,000/., and on the second portion of capital of 625,000/. 40. You were understood to say that only 90 per cent, of the 100/. shares had been paid up ?- — That is perfectly true ; but the dividend is made upon the capital stock of the company, not upon the amount actually paid up upon the 100/. shares and the 5/. shares. 41. What was the dividend ? — £.3. 10s. 42. Mr. Tliornely .] £.3. 10s. on the 100/. share, of which 90/. was paid up p__Y 6 s, 43. What dividend did you pay on the quarter shares of 25/. each, of which 5 /. only was paid up ?— Seventeen shillings and sixpence per share. 44. Will you state what it was which governed your directors in giving a dividend to the shareholders at the time that you found it necessary to come to Parliament to raise a further sum?— We thought it our duty to keep our capital account distinct from our profit account, in the same manner as the man building a factory would charge himself interest upon the capital employed in building the factory, but would not feel it necessary to apply the profit gained by the factory towards increasing it, and we thought that many persons having life-interests in the stock, it was not fair to turn into stock the profit made. 45. Did you conceive yourselves paying your dividend out of profit, or out of capital ? — Out of profits, clearly out of the net earnings. 46. Did you regulate the amount by the net earnings ? — Entirely. 47. You took into account, of course, the interest on money borrowed ?— Up to a certain point we charged interest against capital, and from a certain date we charged it against the earnings of the company. 48. Sir John Guest. ] Have you any sinking-fund against the money bor- rowed? — No ; we consider that all as capital. 49. Do you intend it to remain as a debt on the road, or to be paid off ? — Our present intention, in applying to Parliament for a further sum of one million, is to make our capital five millions and a half; that should be partly in the shape of debentures, and this amount should remain the capital of the company ; it will be a question hereafter to determine whether we will capitalize that, or continue it in the shape of debentures. 50. Chairman .] How will your capital be five millions and a half; your capital at present is 3,500,000/. ?— Yes ; but we have power to capitalize the amount raised on the tolls. 5 1 . What rate of interest do your debentures bear ? —They vary from four per cent, to five ; they average about 4 /. 8 s. 52. Mr. Thornely .] In the arrangement of the dividends, your dividend on the 90/. paid up is at the rate of 3 /. 175. 9d. per cent. ? — It is. 53. But upon the 5 /. paid up upon the 25 /. shares, you divide 17 i per cent. ? — It is perfectly correct. 54. Sir John Guest.] Are there a distinct set of shareholders ? — The quarter shares were offered to the old shareholders, one quarter share for every 100/. share, and generally were taken. 55. Mr. Greene.] On what principle was the difference made in the amount of per centage paid on each description of share ? — I confess I am in some difficulty when I am asked the principle ; the real facts of the case are these, and I do not wish in the least to disguise them. It arose from the circumstance of its having been reported at Liverpool that it was the intention of the directors to pay the dividend on the quarter shares on the nominal capital; a great many shares were bought and sold under that understand- 222. B 2 ittg i 4 MINUTES OF EVIDENCE TAKEN BEFORE THE George C. Glijn and Richard Creed, Esqrs. 18 April 1839. ing ; and when it came before the directors, they found there would be so much difficulty, the price having been regulated of course by that fact, in avoiding coming to that conclusion, that even though it is true one cannot fully justify that principle, they thought it best, as a choice of difficulties, to take that course : but so far did we think it questionable, that when we applied to our proprietors for leave to go to Parliament for a further million, I took the opportunity of stating that we should take care the dividend should be paid only on the sum paid up in future. 56. Sir James Graham. \ Is there any difference in the premium of the two shares in the market ? — Very considerable. .57. What is the amount of that difference? — The quarter shares are at 18/. premium on 5/. paid, and the 100/. shares are at 65/. premium on 90/. paid. .58. Has the declaration you made with respect to the dividend affected the price of the 25 /. shares ?— That is on the shares about to be created ; we are desirous, if possible, to relieve ourselves from the difficulty in which we feel (and we do not disguise it), the payment of the dividend and the mode of making the calls have placed us in respect of those shares. 59. As the Bill now stands, that power is denied to you ? — It is. 60. Sir John Guest.'] Suppose no Bill passes, what prevents your calling up those shares ? — The first of those debentures is due in 1840^ and they run down to 1845. 61. When was the money borrowed on the quarter shares? — In the year 1837. 62. The clause which the Committee on the Bill has suggested should be framed, will not meet this difficulty ? — Not at all. 63. Lord Granville Somerset.] Would it be in the power of the directors, if they chose, to alter the dividend on those quarter shares ? — We have the legal power clearly. 64. Chairman.] Were those quarter shares taken altogether by the share- holders ? — Entirely, one quarter share for every 100/. share ; there were 150, or thereabouts, not taken up after waiting twelve months, and those were sold in the public market by auction. 65. Sir James Graham .] Taking the 100/. share with the 25/. share, what has been the amount of your dividend ? — £. 4. 7 s. 6d. upon the 125 /. share, 95 /. of which was paid. 66. Chairman.] Have you nearly completed your works ? — They are nearly finished. 67. In applying, as you are doing, for power for raising additional capital, or borrowing more money, is that to pay for works already executed ? — It is partly to pay off the remainder of the contracts not already paid, the supply of locomotive engines, waggons, and so forth ; but it is also to repay money we have borrowed during the last eight months. Last year we tried to get into Parliament to borrow this million we are now requiring, but were too late according to the Standing Orders. 68. Sir James Graham.] If the Legislature refused you this power of raising this additional loan, how should you meet your outstanding engagements ? — It is very difficult to say; it is just barely possible that the credit of the London and Birmingham Railway Company might be so good, that we might be able to borrow a million on notes ; but it is a course which I as chairman should extremely regret being obliged to take. I think it is a course we ought not to take ; and it is only an alternative we have adopted in the interval, having failed last Session to get into Parliament. 69. The shareholders are responsible only for the amount not yet paid up ? — Yes. 70. Beyond that amount the creditor would have no lien whatever ? — No. 7 1 . Sir John Guest.] Have you been legally advised that you have power to issue bills of exchange ? — We are advised that we can issue them ; it is a question between the borrower and the lender. 72. You are advised that the lender would have a claim against the com- pany, but he might have some difficulty in enforcing his claim ? — A great pro- portion of this sum is lent to us by our ow T n proprietors. When we found we were too late to apply to Parliament last July, w T e told them we must look to them SELECT COMMITTEE ON RAILWAYS. 5 them to furnish the funds, and that the company would issue promissory notes, (,rorge nn ^‘ renewal of the notes, or an increase of the money required, I anticipate that Esqrs. there would be a difficulty, and it is a course I should he very sorry to be driven to. 18 A},rl! 1 73. Mr. Thorneh/.] Do you apprehend a difficulty in making further calls upon the holders of your shares, your shares selling at a premium r — We con- sider that that is mortgaged by an issue of debentures upon it ; if we get rid of that difficulty we shall be able to do it. 74. Chairman .] When you borrowed that 75,000 L, in anticipation of calls, what was the price of your 100 l. shares ? — The price of the 100 l. shares at one time in 183/ was as low as 19 l. premium ; it was during the great pressure in Lancashire, when the merchants were obliged to sell and to pledge to relieve their liabilities ; in point of fact, considering the interest of money from the commencement of the undertaking, that would be scarcely any premium. 75. They were at that low premium but a very short time ? — They recovered again. . 76. What induced you under those circumstances to borrow money instead of calling on the shareholders for the payment of such part of the capital as had not been paid up ? — That is a question that perhaps the proprietors, who had the power in their own hands, would answer better than I can do ; they did that at a public meeting. 77. Lord Granville Somerset.'] Was this under the advice of the directors, or contrary to the advice of the directors ?— Not contrary to the advice of the directors ; we took great pains to consider what the circumstances were ; we took into consideration the state of the money market, and we prepared a long report, which was laid before the proprietors, not pledging ourselves to borrow the 500,000 /., but that we should do what we could ; that if we found the public were ready to take those debentures, we should relieve them as much as possible. 78. Sir John Guest.] Did many of the proprietors lend their money in 183/ ? — No, not those resident in Lancashire, to any great extent ; they were taken principally through the Stock Exchange. 79. Mr. Fresh field.] The shareholder would have an interest in lending money, distinct from his interest as a shareholder ; he would get interest certainly on his advance by way of loan ? — He would have got his immediate five per cent, upon that debenture. 80. Sir John Guest.] Therefore it was his interest to lend the money rather than pay a call ? — Yes ; but the fact was the other way. 81. Sir James Graham.] Are those debentures the first charge that there is upon the profits of the concern, and can you by law make any dividend until you have debited for the interest on your debentures ? — No, we cannot. 82. Air. Loch.] Does that answer apply both to the 500,000 l. and to the 375,000 £. you have raised on bond? — Yes, it does, because, though they are second or third mortgagees, they have a lien upon the tolls also. 83. Sir John Guest.] Do they take priority according to their dates ? — Yes, according to the Act of Parliament. 84. Are not the debentures on the first mortgage at a higher rate than those on the second? — No, they are not, but I can account for that; they had a shorter time to run, and they were issued at a lower rate of interest. 85. Chairman .] What do your debentures at five per cent, fetch in the market ? — That depends entirely upon the number of years they have to run ; those which have three years to run, or more, are at from two to two and a half premium, or from that to three. 86. Lord Granville Somerset.] Do you pay the same rate of interest on your debentures as your loans ? — The debentures vary from four per cent, to five, but all the loans are at five per cent. 87. Is there any restriction as to the period of your loans? — We issued all the loans only for 12 months, with a view to come to Parliament this year to pay them off. 88. Chairman.] You are aware that there is a complaint which has been made public by a petition being presented to Parliament, and referred to this 222. b 3 Committee, 6 MINUTES OF EVIDENCE TAKEN BEFORE THE George C. Glyn and Richard Creed, Esqrs. 18 April 1839. Committee, from the carriers, complaining that you had consented to carry the goods of one or two or three carriers, to the exclusion of others ? — There has been such a petition. 89. Will you state to the Committee the circumstances under which that arose ? — Perhaps I ought to state the first carrier who used the railway was a man of the name of Golby, a large carrier at Banbury ; he carried on business by the railway long before application was made to us by Pickford & Co. About July of last year Messrs. Pickford & Co. applied to the directors, stating that they thought it extremely probable the Grand Junction Canal would be rendered almost useless, from the want of water at the summit level at Tring, and asking whether it would be possible for us to give them temporary accom- modation, by erecting a wharf at a place called Wolverton, about 50 miles from London, on the canal. Our reply was, that of course we could do it, if they could make it clear to us that it was worth our while to have the business on so very limited a scale. After explanations, we agreed to let them on our line, and to erect the buildings they required. Subsequently, a second application was made, by a house of the name of Bache & Co., and a similar permission given them ; we soon found that the business of Golby, Pickford, and Bache, was quite as much as the accommodation which we had enabled us to do, and we declined letting others on our line ; but we issued a circular, about the first week in January, stating, that as soon as the works at Birmingham and at the London station were finished, every carrier would be allowed to come upon the line, and that has already commenced. 90. Are the Committee to understand that at present any carrier who chooses to send goods may send them on the same terms as Messrs. Pickfords ? — Yes, provided they come under the general regulations for the carrying trade. 91. Are those regulations stated on the paper of regulations given in to the House ? — I think they cannot be, for, in point of fact, it is so completely a new trade to us, that we have not been able to frame regulations ; w T e have given them certain regulations as to the price of tonnage, and so on, but we have not been able to lay down any general regulations at present. I believe I can state that the discussion on the application of Robins & Co. to the Committee on our Bill, has ended with their being now satisfied that the trade will work as they wish. I believe we have removed the impression which they had previously. 92. Are you to be understood that your object has been to place all carriers on the same footing ? — To place every carrier who will send us a waggon load of goods on the same footing. 93. Lord Granville Somerset .] How soon did you begin earning goods at all ? — For Golby we began carrying as early as the spring of last year, but that was to a very limited extent ; but for Pickford & Co. about August or Sep- tember. 94. There has been a good deal of communication between your office and that of Messrs. Robins & Co., has there not ? — Yes, at a subsequent period. 95. How soon did those communications commence ? — I cannot exactly recollect the month, but I deem about January 1839 . 96. Those communications were to the purport that you w r ere excluding them, in their opinion, from certain advantages others possessed? — They were. 97. And your answer was, that you did not mean to act unfairly by them, but that you were unable to carry any more goods ? — That we had not accom- modation enough either from the buildings then erected, or from locomotive power, to allow more waggons to come upon the road, and indeed, we were obliged to limit the other three carriers to a certain quantity of tonnage. 98. Why did you feel yourselves bound to give those three parties the exclusive advantage of carrying that quantity of goods you could convey ? — They were the first applicants to us ; it was the priority of application, under the circumstances under which we were placed, which governed us then. 99. The fact was established that the directors might accommodate one party to the disadvantage of another, and that there w as no power in a court of law to remedy that ? — There was such an application in a court of law, and the application was refused. 100. The result of that application was, that supposing the directors of the railroad SELECT COMMITTEE ON RAILWAYS. 7 railroad should choose to show a partiality towards any persons engaged in the carrying trade, they had not any remedy? — That was the effect, hut there are clauses put into our Bill now which will prevent all danger of partiality, even if such had been their intention, which it was not. 101. Supposing the other railroad companies have not clauses of this description, the carriers have no remedy against them, if they choose to favour certain parties ? — They certainly have not ; we might have selected, as the law stood, the house of any carrier as our sole carrying agents. 102. To the exclusion of all other carriers? — I am not prepared to state that ; if a certain carrier sent a certain quantity of goods, I do not see that we could refuse to forward them on the line, we having the power. 103. If you choose to restrict that power, they have no means of enforcing the carriage ? — They have not, certainly. 1 04. Talking of the law of carriers, do you consider yourselves, as railroad companies, under the same regulations as common carriers? — Yes, liable to the same Acts of Parliament as common carriers. 105. Do the same law's apply to you as to common carriers? — Yes, we acted upon that in framing our regulations. 106. Has any attempt been made to impugn your liabilities? — Not in any case that I am aware of, in our line. 107. You are not aware of any case of that kind having arisen on other lines ? — I am not aware of the fact. 108. How do you regulate the amount you shall carry ? — I stated that we are not able at the present time to carry to any great extent ; but the first carrier who sends goods into our yard, has the first right of having his goods sent by train ; it is according to the priority of arrival. 109. Do any parties seek the opportunity of conveying goods in their own vehicles ? — No, not any ; we give the carriers the option of providing their own waggons, if they choose to do it, but they are not apparently desirous of doing that ; we furnish the locomotive power. 110. Have any applications been made to you for permission to put loco- motive power on your line ? — We have had one or two applications, but they were not addressed to us by parties who seemed to have the means ; they were unknown parties. 111. Do you not think it would be more useful to the public that the com- pany alone should have the power of furnishing locomotive power? — I am clearly of opinion that should be confined to the company. 112. In spite of the power other companies have of putting locomotive engines on the railroad, is it not in the power of the directors to make such regulations as to give them a positive monopoly ? — It would be very difficult, as the Act of Parliament now stands, for any other company to come on another line of railway without the sanction of that company ; it is not an impossi- bility. 113. Is it not perfectly practicable for the directors to make such regulations as to render the speculation perfectly hopeless as to profit ? — We are limited as to charges by the Act. 1 1 4. Can the directors, by their bye-laws, prevent any other company using your railway with advantage ? — Paying us the tolls, they could not do it with advantage, certainly, if we asked our maximum toll. 115. Presuming that a company is free to convey goods and passengers along your railroad, if they have locomotive engines and all other means, in what way would you consider your servants and the watchmen, and so on, under your direction bound to assist them ? — Clearly not bound to assist them, unless they have come to an arrangement with us on the subject. i 16. Have you any signals ? — Yes. 117. Would you consider your signal-men bound to assist them? — Certainly not. 118. Nor any other assistance through your means, unless they had come to an arrangement with you ? — We should not think, unless they had agreed, that they were entitled to have the benefit of our stations or servants. 119. And there is no limit by Act of Parliament to the demand you might make for those accommodations ? — No ; the Act is silent upon the point. 120. You consider the stations independent of the railroad? — Yes ; they are the private property of the railway company. 222. b 4 121. All Gear gr C. CHyn and Richard Creed, Esqrs. i'8 April 1839. 8 MINUTES OF EVIDENCE TAKEN BEFORE THE George C. Gltju and Richard Creed , Esqrs. 18 April 1839. 121. All that the Act of Parliament prescribes is, that you shall allow loco- motives to travel upon your railroad on certain terms ? — Yes ; after they have been approved by the engineer. 122. But with regard to all the auxiliaries on the railroad, you may charge what you like? — Yes; they have no right to use them without making terms with us. 123. You have a fixed engine at Camden Town ? — Yes. 1 24. Have they a right to make use of that ? — Certainly not ; that is part of the station. 125. The result is, that you have the power in your own hands, if you choose to use it. of preventing any parties competing with you on your line ? — Yes ; unless under previous agreement with us. 1 26. It would be possible for another company to run a short distance on your line with their carriages, but they could not run any great distance ; they could not do it from end to end? — No. 1 27. Mr. Loch. J Have they any power to erect stations on your line ? — They have not, without agreeing with the landowner. 128. If they have made such arrangements, are they entitled to communica- tion with the railroad ? — Yes ; we are bound to allow access to our railroad to any persons who choose to lay down to our line. 129. Sir John GvestJ\ How would they manage with regard to the departure of trains ? — There would he the greatest possible difficulty. I have always con- sidered it as a question of danger to passengers. 130. Sir James Graham .] Under your present management is there any divided control with regard to trains or engines ? — At the present moment on the line we have two distinct sets of engines at work, the engines conveying the passengers and goods, and the engines employed in finishing our road. 131. To a slight degree there is at this moment, under the present manage- ment, a divided control on the locomotive power? — Yes. 132. In your short experience have you already found any danger to arise from that division of control ?— ' The greatest possible ; several accidents have occurred in consequence of that divided authority. 133. Almost all the accidents which have occurred have occurred from the ballast-engines, over which the central control does not operate ? — I cannot say that the central control does not operate, but it does not fully ; it is under a different department. 134. Will you illustrate to the Committee in what manner that danger arises ? — It occurred to myself a few months ago in going to Birmingham ; one of the ballast-engines got on the wrong line, and produced a shock ; our engine- man saw the other engine coming, and hacked, and prevented the great mischief which might have occurred, but he was not able to prevent a great con- cussion. 1 3,5. Was not there an accident in the tunnel a few weeks ago ? — Yes ; that did not arise from the ballast-engines, but from the goods’ train, from the cir- cumstance of its having been kept on the Grand Junction too long, and thrown out of its time, and therefore being overtaken by the other train. 136. From your past experience, if all the difficulties were overcome, with regard to the peculiar arrangements, and there were rival trains running on the same line, have you the slightest doubt that great danger to the lives of the passengers might occur ?— ' The greatest possible danger ; take the case of the London and Birmingham, and the Grand Junction Railways ; those two railways are following different systems with regard to their locomotive power; on one, four-wheeled engines are used ; on the other, six-wheeled, under different contractors and superintendents, and there would be the greatest possible rivalry between the engine-men of the two systems, and therefore of course there would be consequent danger. 137. If the principle of rivalry were introduced and sanctioned by the Legis- lature, and serious accidents arose, would it not be quite fatal to the value of your property ? — It would interfere with the value of our property. 138. If from such rivalry serious danger to life ensued, would not that operate most prejudicially to the concern ? — Certainly. 139. Have SELECT COMMITTEE ON RAILWAYS. 9 139. Have you the means of knowing whether confidence in the power exercised by you, to the exclusion of rivalry, has entered largely into the con- sideration of the persons who have advanced their capital ? — I should say so, certainly. 140. Sir John Guest.~] Suppose an arrangement made, that an engine should start at the same time as yours, would there not still be danger from one going faster than another ? — It would be impossible to regulate their relative speeds. 141. Mr. Shaw Lefevre. ] You cannot be responsible for the safety of the passengers unless you have the complete control of the locomotive power ? — 1 state that as my own opinion, and it is the decided opinion of the agent for our locomotive power, Mr. Bury, that it must be under our control. 142. Mr. Zoc/i ] You stated some time ago that you conceived a railroad company was subject to all the liabilities which other carriers were ; have you any regulations you have put forth, attempting to limit that liability ? — As regards horses ; the declaration as to carriages was quite erroneous, and is altered, and it is with great surprise I find if inserted ; there was no order from the Board for it, and how it got in I am not aware. 143. It was on your tickets ? — Yes, and I can account for it only on the ground of its being copied from the Grand Junction ticket ; we never thought of being relieved from paying for the injury of carriages ; and we have never made a difficulty about paying that. 144. That regulation is done away with ? — Yes. 145. It exists only as regards the horses ? — Yes, which never came under the provisions of the Carriers’ Act. 146. Lord Granville Somerset. ] When that regulation was in existence, would it bar the common law right ? — There may be a doubt upon that subject. 147. Bo you conceive you have a strict legal power of making such condi- tions as you please upon that point, so as to prevent your passengers having any means of redress for damage ? — I really do not feel myself competent to answer that question legally ; I stated that there was a doubt. 148. In that respect, you qualify your former evidence ? — Yes, so far. 149. Chairman .] Have you any regulation on your line with regard to your being responsible for carriages ? — We have not ; for horses we have. 150. Do you consider that under your Act you have a power of getting rid of that responsibility ? — No ; there is nothing in our Acts which gives us that power ; we think we can, under the common law, limit our liability by the signature of the party with whom we enter into contract. 151. You stand upon the ground of the party’s signature? — Yes. 152. Sir John Guest. J Do you not compel him to give that signature? — We should not take his horses unless he does. 1 53. You consider that when given, it is binding in law ?— So we have con- ceived. 1 54. That this compulsory agreement between you and the party who sends horses alters the law ? — Yes ; and so far it is done designedly by us, in order to limit our liability on a description of property over which we have no con- trol ; it might be a vicious horse, which might kill himself. 155. Though a person might contend that he had a power to send his horse as he would on any common road, you endeavour to limit your liabilty ? —Yes. 156. Sir James Graham^ Your monopoly being complete, you have exer- cised the power of limiting the liability by the signature of the party ; is there any limit to the extent to which you might carry it ? — That is a question which I feel hardly competent to answer ; we only limit it in one instance. 157. If you might do it with respect to horses, why might you not do it with respect to goods ? — Horses were not under the liabilities of the Carriers’ Act. 158. Might you not do it equally with respect to life and limb ? — That would be a considerable question. 159. Your monopoly being complete, is there any restriction to the extent to which you can carry it, by requiring the signature of the party ? — I do not think there is any other instance of doing so. 222. c George C. Giyn and Richaut Creed, Esqrs. 18 April 1839. 160. Sir 10 MINUTES OF EVIDENCE TAKEN BEFORE THE George C. Glyn and Richard Creed, Esijrs. 18 April 1839. 1 60. Sir Harry Verney.] Have any carriers ever refused to sign this agree- ment ? — Not as regards horses ; I found, on inquiry, that, as regards carriages, there had been a little demur, but no refusal that I am aware of, and this is now abandoned. 161. Lord Granville Somerset. ] What is a party who wishes to send a horse required to sign ? — I will put in a copy of it if it is wished. 162. Do you mean to say that you endeavoured, by means of obtaining the signature of the party, to get rid of your liability for any injury? — We never attempted to get rid of that liability, but only to relieve ourselves from the liability which may arise from a horse kicking himself to death in the box ; but where it was shown that the injury arose from a defect in our own machine, we paid for the injury. 163. Your notice goes further than your explanation, does not it? — The notice is in these words : “ The London and Birmingham Railway Company give notice that they will not, under any circumstance, be answerable for injury to horses conveyed upon their railway, and they will not receive any horse for conveyance unless accompanied by a declaration, signed by the owner or his Authorised agent, that the Company are not to be liable for injury to such horse while in their custody, although every proper precaution will be taken to secure their safe conveyance.” I think our solicitor made it as strong as he could. 164. Mr. Loch.~\ The regulation as to carriages was carried to the same extent, was it not ? — It was in the same words, but we never enforced it in reference to carriages. 165. Has it not been the case that you refused to pay for luggage ? — We are paying for loss of luggage nearly every day. 166. Is there not a note on your ticket, “ The Company will not be respon- sible for any passenger’s luggage unless booked and paid for ?” — If booked and paid for, they are liable. 167. Lord Granville Somerset.\ What do you charge for luggage? — We charge 1 d. a pound after a hundred weight. 168. You have the power of charging the whole ?— Yes, from the first pound, but we do not. 1 69. How is it, that one of those orders with respect to carriages was intro- duced without the knowledge of the directors ; what security have the public against improper or harsh orders being given, if an order like that with respect to carriages is stuck up in your office and acted on without the authority of the directors ? — I do not think it was ever acted on ; we have never evaded the payment for any injury to a carriage ; I believe that was copied from the ticket of the Grand Junction Company ; the moment it came before the directors it was done away with. 1 70. What means do you take to prevent the servants of the company making regulations not in conformity with the wish of the directors ? — It is the practice to bring every regulation before the directors. 171. Mr. Bingham Baring .] Several parties have complained that they have not found sufficient accommodation at Weedon for conveying their carriages, have they not ? — Perhaps they have not written the day before. 172. What number of trucks do you feel it necessary to keep there? — Mr. Creed. ~] We are guided by the average return of the carriages con- veyed. 173. The second-class trains stop at every station, do they not? — The mixed trains do not all stop at every station. 1 74. Do the first-class trains always stop at the same stations ? — (Mr. Glyn.) No, they stop at all the first-class stations except Roade and Blisworth ; there they vary ; it is not quite alternate, but they vary. 175. Are you aware that that has been the cause of considerable incon- venience to many passengers ? — I am aware that it has been so represented, but I ought to add in explanation, that the station of Blisworth is scarcely finished yet ; it is intended to make that permanently a first-class station, and then that at Roade will be a second-class station. 176. Why did you charge from Roade to Blisworth before it was com- pleted ? — We had a very strong representation from the people at Northampton which occasioned our doing it. 177. You SELECT COMMITTEE ON RAILWAYS. 1 1 177. You have two trains which leave Birmingham, one at three and another at four, both first-class trains, one stopping at Roade, and the other at Blisworth ? — Yes. 178. Does not that create considerable inconvenience to the Northampton passengers, not knowing precisely at which they will stop ? — We have had one representation to this effect, but I believe it is now pretty well known which calls at one place and which at the other ; I think this difficulty arose just after the new arrangement was made. 1 79. Chairman .] Have you bad any disputes or difficulties with regard to passengers who have represented that they have paid their fare and have not paid it ? — We have had some instances, many instances of fraud, but only two instances in which it ever came to any difficulty. 1 80. What is the regulation with regard to the payment of passengers’ fares ; do you make people pay beforehand ? — We do, and take out a ticket. 181. Must that ticket be presented at the end of the journey ? — At the last station but one. 182. Supposing a dispute arises from a passenger having lost his ticket, what steps do you take ; do you make him pay his fare ? — He should pay it at that station; but if he does not, then the ticket- clerk at the station reports it to the guard, and the guard is directed to report it to the superintendent of the station, either Birmingham or London, and then to get the fare from him, or to have an explanation with regard to the lost ticket. 183. Supposing this explanation proves unsatisfactory, what means have you taken ? — It has occurred only in three instances that a passenger has been 1 detained ; provided there appeared a clear determination of depriving us of the fare, under the power of the Act, they take them before a magistrate. i 84. Have you powers under the Act different from those which are enjoyed by stage-coachmen ? — We have powers under the Act, with the assistance of our by-laws. 185. Will you state whether you have made a by-law upon that subject ? — W e have ; but it may save time if I state that in our new Act there is a clause introduced, which only authorises us to detain a person in the event of his not giving either payment of the money or security for the payment of the money ; then we detain him, and take him before a magistrate. 186. Do you conceive you have a right by law to detain any party, and take him before a magistrate when in that situation ? — It is the first by-law. “ No passenger will be allowed to take his seat in or upon any of the Company’s carriages, or to travel therein upon the said railway, without having first booked his place and paid his fare. Each passenger booking his place will be con- sidered as binding himself and agreeing to abide by and observe their rules and regulations, so far as they concern himself ; he will on booking his place be furnished with a ticket, which he is to show when required by the guard in charge of the train, and to deliver up prior to his quitting the Company’s premises at the end of his journey. Any passenger refusing to produce on request, or at the end of the journey to deliver up his ticket, will be required to pay the fare from the place whence the train originally started, or in default thereof is hereby made liable to the penalty of 40 s .” 187. Upon that you can take him before a magistrate, and confine him all night ? — We can detain him, and take him before a magistrate in the course of half an hour, if we can find one ; if not we must detain him. 188. Lord Granville Somerset .] Have the goodness to state under what law you do that ? — I can point out no law except our power to make rules and regulations for the proper control of our business. 189. Does your Act say that you can make a law by which he shall be able to be laid hold of? — No ; certainly not. 190. What is the law by which you can be enabled to lay hold of that man and take him before a magistrate ? — Unless we have power to make by-laws to that effect, we have no power. 191. Do you conceive you would be acting legally if you took by main force a man in that situation before a magistrate ? — We are advised that we are entitled ; all those by-laws were drawn up by our solicitor, under the advice of counsel. 192. Will you point out the passage by which that forcible caption of the person is justified ? — Our by-laws are of course under the clause in the Act of 222. c 2 Parliament; George C. Glyn and Richard Creed , Esqrs. 18 April 1839. 12 MINUTES OF EVIDENCE TAKEN BEFORE THE George C. GJyn and Richard Creed, E?qrs. 18 April 1839. Parliament ; we have power to make by-laws, and every person using our railway is subject to those by-laws, and I bold in my hand the by-law to which that alludes. 1 93. The question refers to the manner in which you can obtain the pay- ment ; under what law do you conceive you have power to lay hold of a person and confine him, or take him before a magistrate ? — Clause 2 1 1 of our first Act gives the power to detain any person and carry him before a magistrate for conviction. 1 94. The way in which you presume you have power is that you have the power to make by-laws that constitute the offence under the Act ; you then revert to the original power as to offenders against the Act and say, that if the person does not give his name and residence you have the power to capture him ? — Yes. 19.5. The practical result is, you are enabled to take anybody who may have lost his ticket, if he does not choose to pay the fare you demand, before the magistrate, by main force ? — Yes. 196. Chairman .] What reason have you on your railroad for making that regulation with regard to the production of tickets at the end of the journey, when you are aware that it is not done on others ? — We are perfectly aware that it is not done on others, but we are also aware that great frauds have been practised on other railroads, and we took it up as a better system. 197. Sir James Graham .] If the Legislature should continue to you the monopoly which you admit you possess, in consideration of the safety of the lives of passengers, are you prepared to state whether there would be any objection on the part of your direction to a supervising power over your by- laws on the part of Parliament or the executive Government ? — No ; we are exceedingly anxious, instead of being left to the present system with regard to by-laws, that they should be defined ; whether it is possible for Parliament to lay down the by-laws with sufficient certainty at present, I cannot say, but we are exceedingly anxious not to be left at any uncertainty. 198. Would you object to have your by-laws submitted to some public officer, and that they should not be binding without his consent ? — Certainly not ; and in the Act we are now carrying through we have inserted a clause that no by-law shall take effect unless it has received the approval of a judge and has been published in the Gazette and two country newspapers, at least one month previous to application. 199. Lord Seymour .] The charge for the carriage of goods on the railroad is limited by Act of Parliament ? — The charge for toll. 200. Do you now ask the full extent you are enabled to ask on goods ? — We do on some goods, but not on all ; we are regulated by a schedule which varies very considerably on different goods ; I am speaking of carriers’ goods. 201. Mr. Greene. Does that regulation affect you as carriers, or as railroad proprietors ? — We are restricted as to tolls, but not as to the cost for locomotive power ; it is to he reasonable, that is the word used. 202. Lord Seymour .] The company as carriers themselves may ask any price they please ?— -Yes, they must be reasonable charges. 203. Have you increased your charges since you first began to carry goods ? — No ; we only began to carry goods on the 15 th of this month. 204. Chairman .] Have you altered your charge for passengers since you began ? — Not since we opened our line through. 205. Are you limited by Act of Parliament ? — Yes. 206. Sir James Graham .] How much within your limit are you ? — On our mail-train we are nearly up to the maximum ; the passengers’ trains, the first class, are 30 . 9 . ; and in the second class we charge 20.9. per passenger. 207. Lord Granville Somerset.~\ Your whole charge for passengers is not to- exceed 3 g^. a mile? — Yes ; for passengers. 208. But there is no restriction as to goods? — Not as to locomotive power, except by the word reasonable. 209. Sir James Graham .] With regard to speed there is no limitation what- ever ? — No. 210. Have you increased your degree of speed? — We are about to increase the speed. 211. When SELECT COMMITTEE ON RAILWAYS. *3 211. When did you increase it? — Our intention at first was to make it 22 miles and a half an hour, exclusive of stoppages, hut we have been running ol late at the average rate of 25 miles an hour. _ . - 212. For your mail train ? — For the mail tram and the first- class tram. 213*. That is in conformity with your agreement with the Post-office ?— Yes. 214 When did you conclude that arrangement with the Post-office; under the Act of last session?— We have been working for several months under it; we had our award only a few days ago as to price. 2 1 5. You could not agree without calling in an arbitrator r— Wo. 216. Did the award under arbitration give you a larger or less price than you received prior to the agreement ? — It is a larger price than that at which we were working last year. . ^ . 217. Up to the time at which the award was made, at what rate weie you working? — I do not recollect the rate per mile. 218. As compared with what you were receiving last year when the Bill was introduced, do you receive more or less than you were receiving then . (Mr. Creed.) The duty performed is so different that it wpuld be difficult to answer the question without comparing the two returns ; it is done cheaper now under the award, than it was done previously. _ 219. That is, for the benefit of the public and against the company? (Mr. Glm.) Certainly. , , . 220. With regard to speed, the speed is increased as compared with last July, when the Act was introduced ?— Yes ; from the 1st of May we are under engagement to carry the mails to Birmingham in five hours by day, and five and a half by night, if the Post-office are ready to avail themselves of the cllclll 0 '6 221. Can you state, under the award, what is the sum for which you per- form the 112 miles ?— £.28. As. Ad. per day for the day mail up and down, and the night mail up and down. 222. That is for the whole 24 hours ? — Yes. „ 223. How much, at that rate, will you receive per year from the Post-office, for performing all the duties between Birmingham and London?— I think that comes to 10,340/. a year. # . A ^ „ . «. 224. Have you any means of knowing what it previously cost the 1 ost-office for the mails ?— No, I have not : for it is impossible to take into the account what the coach proprietors received in the shape of the remission of duty and tolls ; there was an account presented to the House of Commons last year which would set the question at rest. 225. Is the 10,000/. you are to receive more or less than the average tor the mails between London and Birmingham ? — I think it will appear that the sum we are about to receive is a larger money payment than the payment made to the mail contractors ; but if you take into account all the allowances to the mail contractors the payment will be the same probably, but I have not woike out the figures. 226. The public will not pay a considerable sum more for the additional speed of railroad communication than they previously paid for a less speed by horse power ? — No ; including all the allowances, I think they will not pay more than was paid before; but I should state that I have not compared the figures together. & 227. This sum of 10,000 /. odd hundreds you are sure is the whole you are to receive for the whole duty of the year ? Yes. > 228. How long is this to continue? — I think the term is three years; and for that we furnish all the large Post-office carriages, and all the other material ^ 22m The prime cost of that falls upon the company ?— ' Yes ; and the cost of repairs and the renewal ; there must be two new ones in the course of the three ^ 230. They have the advantage of sorting all the way down ?■ — Yes; we take two clerks and a guard all the way down. . 231. Are the clerks at your expense?— No ; they are the Post-office clerks. 232. That enables the Post-office to receive to a later hour ? — Yes. 233. Mr. Greened] When you speak of 22 miles an hour, you mean during the time you are actually moving r — Yes, not including the stoppages at the station. T „„„ r a 234. In 222. c o George C. Ghjn and Richard Creed , Esqrs. 18 April 1839. 14 MINUTES OF EVIDENCE TAKEN BEFORE THE George C. Glyn and Richard Creed , Esqrs. 18 April 1839. 234. In point of fact, including those stoppages, you do not go more than 17 miles an hour, do you ? — More than that. 235. What is the reason of your extreme inaccuracy as to the starting of the mail train from London ? — The great quantity of parcels, which come in quite irregularly. 236. Are those parcels apart from the letters ? — Yes ; hut if we cover the distance, if we arrive at Birmingham at the appointed time, we do our duty to the Post-office. 237. Do you not know that there has been a good deal of irregularity in the arrival at the Post-office? — I do not think there has been any from the cause referred to ; but there has been irregularity during the winter, no doubt. 238. Sir James Graham.] Are you bound under a heavy penalty to the Post- office if you fail in performing the duty within the stipulated time ? — We are not under contract. 239. Is it open to the Post-office to put you under contract at their pleasure ? — Decidedly, and at a heavy penalty. 240. In point of fact, they have not thought it necessary to put you under contract ? — We suppose not. 241. Lord Granville Somerset .] Did the award give you more than the Post- office proposed to give you ? — Yes, more than their referee proposed to give, hut very considerably less than our referee thought we were entitled to. 242. You have not changed the fares of the passengers from the commence- ment to the present time ? — Not since the opening of the whole line. 243. Before you opened the whole line, was there any difference in the fares ? — There was a difference in the short fares. 244. Why did you think it right to make an alteration after you opened the whole line ? — Because the proportion after we opened, between Watford and London one way, did not bear a fair proportion to the charge of the whole way ; we are obliged to charge one uniform rate the whole distance. Under our present Bill we propose, for short distances, to alter the rule, charging equally to all persons for the whole distance, and equally to all persons under similar circumstances. 245. Do you mean to charge more for short distances than for long? — Our object is to charge less for short distances. 246. Is that because you find a greater degree of rivalry started against you for short distances ? — We find that since we raised the fares, at the time the opening took place, we have lost our business considerably with Watford, and Harrow, and Tring. 247. Have coaches been put on those lines of communication ? — They have. 248. Will you force those persons who go the long distances to pay more ? — No, they will pay the same fares as at present. 249. Sir James Graham. ] It has been alleged that you bought off coaches between Birmingham and London ; is that true or not ? — Decidedly not. I wonder how such a report could have originated ; there is nothing of the kind. 250. Is the number of your passengers weekly progressively increasing or no t ? — It has varied pretty much, as the trade of coach proprietors has varied, during the three winter months, to the extent of about one-third of the whole number of passengers, compared with the autumn months, which is our only practical experience ; now it is increasing again. 251. Is the number of passengers by night increasing? — Certainly, it is increasing now’. 252. There is greater confidence? — Yes. 253. Mr. Loch.'] Does the difference of fare between the mail and the other first class for passengers make a difference as to the number of persons who go ? — No, I think their comfort, as they get better accommodation in the mail- carriage, induces them to pay the half- a-crown. 254. Lord Granville Somerset.] You submitted to Parliament an estimate of the number of passengers when you applied for your Bill, have you found that SELECT COMMITTEE ON RAILWAYS. 15 that estimate supported by the result of the six months since the line was opened ? — It has not come up to the maximum yet ; and the reason is, that the calculation is made upon the Yorkshire as well as the Lancashire traffic, and we do not receive our whole quantity. 255. Was there not a calculation made distinctly of the traffic between Lon- don and Birmingham ? — There was. 256. Can you state to what extent that calculation has been realized ? — I can state that we have come up to the amount we expected. 257. What was the estimate of money to be expended on this undertaking you laid before Parliament? — £.2,750,000. 258. You now state that it will cost five millions and a half before it is com- pleted ? — Yes. 259. To what do you attribute that great difference ? — One great difference is the construction of the line from the Camden Town station to Euston- square, which was not calculated originally ; that, including the station, cannot have cost us less than 380,000 1. Then the Kilsby tunnel, which has been one of our greatest works, has exceeded our estimate to a very large extent ; the contractor failed, and the soil was most unfavourable ; that exceeded the amount greatly ; and also the cutting at Blisworth, the Watford, and the Prim- rose-hill tunnels ; and there is one expense no engineer could estimate, the expense of stations, and there we have arrived at a most fearful excess ; but the particulars will be furnished in the statement put in. 260. Sir James Graham .] Did you form an estimate of the average cost of your establishment ? — No ; we made, in the way all railway companies do, a deduction of so much per cent. That was founded on the experience of the Liverpool and Manchester Railway ; but it is impossible to judge what the cost of our establishment would be. There is one other source of the difference in the amount of outlay, the land furnished has exceeded the Parliamentary esti- mate nearly one-half. 261. Lord Granville Somerset .] lias that arisen from the company being liberal to individuals, without the intervention of juries, or juries giving larger amounts than you expected? — In some instances by a jury, but in general by reference. The tenants’ claims for the damage done to the land by the con- tractors, have far exceeded any estimate that could be made. 262. Did the materials rise in price ? — Yes, a little, and the labour rose too. 263. Mr. Bingham Baring .] With reference to the damage done by fire, there was a case of destruction at lloade lately, was there not ? — We have had no case of damage by fire ; there was an attempt to make us pay in one instance. 264. You give notice when you think that the farming-stock is placed nearer to the railway than it ought ? — Yes. 265. Mr. Loch.'] Supposing you were to set fire to an adjoining plantation, would you consider yourselves liable ? — I am not competent to answer that question ; there would be a good deal of proof I think before they could make us liable. 266. Sir John Guest.] Would there be any practical difficulty or objection on the part of the company to giving the Committee an account of the original estimate, under the different heads, and the expenses under those different heads ? — Not the least, as far as we can do it. 267. The estimate of the Parliamentary expenses, for instance, and the actual expenditure, and so on? — Yes, it is before Parliament, in proof of the different preambles, when we have come to Parliament; we have furnished it regularly to our proprietors every half year ; this is the list we return to our proprietors. The engines and carriages also have far exceeded our estimate. 268. Chairman .] What arrangement have you for police upon the railway ? — We have our own police ; they are sworn in as special constables, but arc appointed and paid by us. 269. They are your servants ? — Entirely our servants. 270. But, at the same time, as special constables they would be bound to execute the law ? — Yes. 271. Lord Granville Somerset.] What is your system of fencing generally ? — A good and substantial fence, of uniform height. 222. c 4 George C. Glyn and Richard Creed , Esqrs. 18 April 1839. 272. What George C. Glyt and Richard Creed, Esqrs. 18 April 1839. 16 MINUTES OF EVIDENCE TAKEN BEFORE THE * 272. What do you understand by a good and substantial fence ? — That which will keep out cattle ; we have had only one accident by cattle straying. 273. You consider yourselves bound to erect such a fence as would prevent cattle or persons getting over without any difficulty ?— That which will keep out cattle a man might climb over. 274. Have you any means of keeping out pigs and sheep ? — Yes. 275. Have you regular fencing against that intrusion ? — Yes, and we have planted all down the line ; our intention is to have a very good quick hed«-e all down the line. 276. Do not you consider it essential to the safety of travelling that there should be a very good fence ? — I do ; I think more accidents have ^occurred on other railroads from the fact of cattle straying on the railroad at night (which they will do in consequence of its dryness) than anything else. 277. Will there be any difficulty in calling on a railroad company to make a fence of that sort, by force of the present statutes ? — I do not recollect the clause at this moment, but I think it is in the power of the magistrates to call upon us to do so. 278. Mr. Loch.~\ Have any accidents taken place on your line from want of that knowledge on the part of the engineers which they ought to have acquired previous to becoming engineers? — I am not aware of any; carelessness of course will occur. 279. Have you any difficulty in procuring proper engineers ?- No ; our locomotive engineering department is under Mr. Bury, of Liverpool ; he has had very considerable difficulty in keeping them, but not in finding them ; he has a very large establishment of his own. 280. Would you consider it expedient that any person should be permitted to be appointed an engineer on any line who had not undergone some previous examination, by some competent board or person, as to the amount of his qua lifications ? — A regulation of that kind has never occurred to me ; any regula- tion which would give confidence to the passengers is one which every com- pany ought to be ready to adopt ; but there might be some difficulty in con- stituting the board. 281. Mr. Bingham Baring .] Have there been complaints against your engi- neers ? — No ; I do not say that there may not have been carelessness. 282. Sir James Graham. ] In what manner are your locomotive engines provided ? — We put our locomotive department under Mr. Bury ; he furnishes all the plans, and we send them to the contractors. 283. A competition is arising in that manufacture ? — Yes, but not equal to the demand ; they are higher in price than they were, in consequence of the demand. 284. The locomotive engine is dearer now than it was two years ago ? — Yes. 285. To what extent ? — (Mr. Creed.) Our locomotive passenger-engines cost us 1,200?. now; the price in 1834 was 900?.; in 1836, 1,120?.; in 1838, 1,200 ?. ; in 1839, it is 1,250 ?. 286. The price continues to rise ? — (Mr. Glgn.) Yes ; there is a great demand from abroad ; and though several houses have come into the trade of late, the price is raised. 287. Is the construction of the locomotive engines improved, or is it the same as it was ? — Mr. Stephenson and Mr. Bury differ as to the construction ; one prefers the six-wheeled engine, the other the four ; we are under Mr. Bury, and use the four-wheeled engine. 288. Within the last two years, has any important improvement been effected in the engine? — No, there has been no important improvement effected in the engine since we have opened the first part of our line ; there are some minor alterations practised by some of the makers. 289. Mr. Shaiv Lefevre.~\ Have you the same security as to the four-wheeled engines, of their not going off the line?— That is a question for the engineers ; I should wish the engineers to speak to that. 290. Sir James Graham .] Is the limitation of passengers, or of goods con- veyed, in consequence of the difficulty in getting your supply ? — The London and Birmingham Railway are supplied, but the North Midland and other fines have found a great difficulty in getting their supply ; and there is a question whether they shall not be delayed in the opening, from the want of supply ; but many SELECT COMMITTEE ON RAILWAYS. 1 7 many engine-makers are refusing work ; the demand for abroad has been such, that it was difficult to get a contract for engines to be supplied the other day. 291 . Has this country almost the whole supply ?• — Entirely. They are trying to make them in America. 292. Are locomotive engines sent from this country to America? — Yes, they were. 293. Mr. Thornely.] Have you heard of an engine being brought from America to this country ? — Yes ; but I understand that it is only by way of experiment, and that it is not paid for, until the company find it will answer. 294. Sir James Graham. ] Have the engines for the Antwerp and Brussels Railway been supplied from this country ? — Yes, principally. 295. Lord Granville Somerset.'] What is your internal system for preventing accidents ? — I have put in an account of them here ; the engine-men are entirely under Mr. Bury. 296. In what manner are the regulations made, so as to prevent collisions, . and so on ? — By a system of signals along the line. 297. Has each train a superintendent ? — The head guard is the super- intendent. 298. At each station, there is a superior person ? — Yes. 299. Is that person provided, in the case of extra engines being required, with the means of supplying such engines ? — -Yes ; there is a general regulation that if a train exceeds a certain number of carriages, then an extra engine is put on ; and in case of a train not arriving at its time, an assistant engine is sent out to ascertain whether they require assistance, or any accident has occurred. 300. Is there a general superintendence of the whole line under one superior officer ? — There is ; that is a new regulation, and one which has been acted on only the last few weeks. We found it would require a great deal more than the committee could undertake ; it required individual hourly superintendence, in fact. 301. Is it the duty of that superintendent to be constantly passing and re- passing ? — Yes. 302. Everything is put under him ? — Yes. 303. What difference of time do you calculate for security now of the de- parture of two trains ? — We have never yet been obliged to bring it to a cal- culation of that sort, our trains are so far apart ; but our idea is, that when the Yorkshire lines are laid down a train may start every half-hour. 304. You would make a difference between baggage-trains and others ?■ — Yes, between the first-class trains and the second; those calling at every station, and those not doing so. 305. You think one might start every half-hour, allowing for all circum- stances ? — Yes, there are opportunities of trains passing each other by sidings. 306. Sir James Graham.] You travel less quickly by night than by day ? — We have only one train up and one train down by night. 307. Lord Granville Somerset.] How do you manage to effect your repairs ? — Generally speaking, by night ; but we have tried to regulate our trains so as to give as long an interval in the day as possible ; the interruption makes the repair of the road extremely expensive. 308. When you have put on your trains to the extent of one in half-an- hour, do you think you shall be able to repair your road? — We must give up the day repairs, and we shall not be able to do that until the road be more consolidated. 309. What was your original estimate of cost ?— At 50 per cent. 310. What do you conceive it is now ? — About that amount. 311. Do you conceive that will be very much reduced ?• — When the road is more consolidated, it will be less. The cuttings have been most expensive to us; the soil is most unfavourable ; they have been washed down, and nearly obstructed the road. We have never yet been altogether stopped for any one day, but it has been as much as the exertion of all the engineers could do to keep the line open. There are 16 millions cubic yards of earthwork on this line. 312. Your embankments have answered well in general? — There have been someslips in parts ; but we have been once or twice obliged to give up the 222. d use George C. Glyn and Richard Creed, Esqrs. 18 April 1839. George C. Glyn and Richard Creed, Esqrs. 18 April 1839. MINUTES OF EVIDENCE TAKEN BEFORE THE use of one line of rails temporarily, and have the other for a short distance. carriages pass over the 313. That produces some hazard, as well as loss of time, does it not ?— The hazard has been prevented by the police. 3 H- Mr. Loch.'] You limit the speed in passing on embankments ?— Yes 315- sir James Graham.] Is not the wear and tear regulated by the speed ? 316. Therefore it is the interest of the proprietor to reduce the speed to the lowest degree required for the satisfaction of the public ?— It would be our object just at the present time, because we are anxious to keep the road in as good a state as we can ; but, taking the Liverpool and Manchester for example they do not find that to be the case ; now their road is so compact that thev go over it without doing injury to the works. y 317. Is it not the shaking the rails which produces wear and tear ? If not properly fixed. 318. Is it found that the increased speed does not wear the rails more than the less speed .'—According to whether the rails are light or heavy ; the power of the action upon the iron is comparatively limited. 319. When your railroad is settled and consolidated, you do not think there will be any inducement to a decrease of speed in your company ? No. 320. Lord Seymour.] Have you taken any steps to ascertain how much the iron is diminished by the speed ? — We have not. 321. Sir James Graham.] Does the increased speed increase the wear and tear of the engine ? — Yes. 322. That permanently will remain an inducement to less speed ? Yes. 323. Is that to any great extent?— To a very considerable extent. 324. Lord Seymour.] Do you think that the night trains carry usually as many passengers as the day trains '—They vary very much ; we do not put so many carriages on the night train. 1 325. Mr. Bingham Baring.] Your lightest train is the four o’clock out of town ?— Yes. 326. Lord Seymour.] Do you carry many small parcels by your night trains ? — We do. 327. Have you limited yourselves in the number of small parcels you may carry by the trains?— No; but we are limited in this way, that, according to the new agreement with the Post-office, we are to stop only at a certain num- ber of places, so that we can only carry to Birmingham and places beyond. 328. Was it made a subject of consideration whether you should be limited to a certain number of places ? — I think not. 329. Do you find the mail trains preferred to the others ? — The day mail is, and both the mail trains indeed ; but I think it arises as much from the hours’ the Post-office have fixed, not the going with a mail guard. 330. At what hour do the mail trains leave London ? — At half-past nine in the morning, and half-past eight at night. 331. Is there any limitation of the weight you are to carry for the Post-office? — There is no limitation, but the present weights have formed an ingredient in the calculation of Mr. Frankland Lewis, nine tons and a fraction, 332. If the future weight should by any alteration exceed the present weight of nine tons and a half, should you require another agreement ? — Certainly, because Mr. Frankland Lewis’s calculation goes entirely on weight ; and like- wise, if they should require additional speed, that will be another reason for additional payment. 333. Sir James Graham.] Is nine tons and a half the amount of the actual weight at present conveyed for the Post-office? — Yes. 334. Lord Seymour.] If a greater weight were sent, should you charge a certain sum more ? — No, it would be a subject of reference. 335. Sir James Graham.] If it were quadrupled, would that entail the neces- sity of quadrupling the payment, or anything like it ? — No, nothing like it. 336. Mr. Bingham Baring .] You refuse to carry gentlemen’s carnages by the night train, do not you ? — There are only one or two special exceptions. 337. Mr. Thornely.] Do you book the parcels sent to you ? — Yes. 338. They are booked for delivery at the different stations ? — Yes. 339 • Lord Seymour.] What is the lowest charge you make for a parcel from London to Birmingham ? — One shilling. 340. Mr. 19 SELECT COMMITTEE ON RAILWAYS. 340. Mr. Loch.'] Do you refuse the carriage of parcels on Sunday ?— No, we have altered that ; it was clearly a mistake. 341. Lord Seymour.] Are you limited as to the weight you are to take by the mail trains?— We have not limited the Post-office, but the calculation of Mr Frankland Lewis went upon the weight returned. 342. Chairman .] You have a Bill now before Parliament, have you not?— We have. . _ 343. As the further consideration of the Reports of Railway Committees was deferred till the 23 d instant, with a notice that they might possibly be deferred afterwards, it may be necessary, in consequence of this Committee, to defer it still longer, unless some arrangement is made with those parties who have Bills before Parliament, that they may not be kept waiting until this Committee have come to such recommendation as it may give to Parliament ; should you prefer there being introduced into your Bill a clause by which you would be bound to submit to such regulations as might be adopted by Parliament ? I should say that whatever is done ought to be a general measure. There could be no objection to putting in a clause to adopt whatever is recommended by this Committee ; but it would be more expedient to put those regulations into one Bill applying to all railways, and not to particular railways. 344. Sir John Guest.~\ You would have no objection to accede to any regu- lation made as to railroads generally ?— Certainly not, to any equitable regulation. 345. Chairman .J You would prefer having that clause introduced rather than not be permitted to proceed with your Bill ?— Certainly. 346. Sir James Graham .] Some of the companies have not Bills now before Parliament ? — They have not. 347. Any regulations of detail introduced into the Bills of companies now presenting Bills before Parliament, would be very partial ?— Certainly, they would. _ Papers delivered in; Vide Appendix . J George C. Glyn and Richard Creed , Esqrs. 18 April 1839. Luna?, ‘12* die Apr ilis, 1839. MEMBERS PRESENT. Mr. Henry Baring. Mr. Freshfield. Sir James Graham. Mr. Greene. Lord Stanley. Mr. Shaw Lefevre. Mr. Loch. Sir Robert Peel. Lord Seymour. Lord Granville Somerset. Mr. Thornely. Sir Harry Verney. LORD SEYMOUR, in the Chair. Mr. John Moss, called in ; and Examined. 348. Chairman .] YOU are the chairman of the Grand Junction Railway ?— - I am. 349. Have you any other regulations than those which were sent in answer to the Return to the House of Commons ? — I think not ; I was not aware they were ordered to be sent in ; nor of any others ; we have no bye-laws, nothing more than the Act of Parliament. 350. Lord Granville Somerset .] What is the date of that Act? — We have five Acts, but I have not the dates of them, I was not aware I should be examined to-day, or I would have procured them. 351. Mr. Loch.~\ Do you happen to recollect the date of your first Act; is it the 6th of May 1833, the 3d of William the Fourth, c. 34 ? — I think it is. 352. Do you recollect what capital stock you are allowed to raise under that Act? — Under the Acts together, including one for buying a small line, called the Warrington, we have power to raise 1,091,800/. 222. d 2 353. Under Mr. John Alois. 2 2 April 1839, Mr. John Moss. 22 April 1839. 20 MINUTES OF EVIDENCE TAKEN BEFORE THE 353. Under the original Acts, from the paper laid before the Committee, you are enabled to raise, for Grand Junction purposes, in the first instance, 1,040,000 /. ? — That is the amount. 354. Then, under the Warrington and Newton arrangement, the loth of George the Fourth, you were allowed to raise the 53,000 /.?■ — The amount of the who?e capital, for the small line and the Grand Junction, is 1, op 1,800/. 355 - Lord Granville Somerset.] Explain what you mean by the small line? The branch between Newton and Warrington. 356. Mr. Loch.] Have the goodness to state the two termini of the Grand Junction line ? — Newton and Birmingham ; there was a short line of five miles, belonging to another company, which we bought when we commenced. 357. Under the original Grand Junction Act, the 3d of William the Fourth, c - 34 ? you have the power to borrow money by loan or otherwise, in addition to the sum you were authorized to raise by capital? — Yes, I should say we had. 358. Do you happen to recollect the extent? — To a considerable extent; but I am not aware of the extent. 359. The question referred to the first Act only ? — We had merely the usual powers. 360. £. 346,000 is put down here? — I dare say that is the amount. 361. Then there was the second Act, the 4th of William the Fourth, c. 55 ; by that you obtain the further power of raising, by loan, the sum of 520,000 l. ? — Yes, we did. 362. Then you also, when you joined with the Warrington and Newton, obtained all the powers they had obtained previously of raising money upon loan ? — Yes. 363. It appears, by the loth of George the Fourth, c. 37, they had the power of raising a capital ot 53,000/., with the power of borrowing, by loan, 20,000 /. ; and, by a subsequent Act, 1 ith George the Fourth, c. 57, they obtained the fur- ther power of borrowing 20,000 /. more?— We obtained all those powers under the new Act. 364. Have you obtained any further power for the creation of more capital, or borrowing upon loan, in addition to those powers ? — We obtained powers to make halt shares, having filled up our capital, and raised the whole sum to 1,091,800/. ; we then got an Act of Parliament to make half shares, to pay off the sums we had borrowed. 365. You do not happen to recollect the dale of that subsequent Act?— No, I do not; it was last year. 366. Mr. Greene.] Was the Act to raise an additional sum, or only to pay off former loans ? — Only for the purpose of making shares to pay off former loans. 367. Mr. Loch.] In addition to those powers, have you any power of borrow- ing money in anticipation of calls ? — I am not aware of any. 368. You have raised the whole of your capital, and also the whole of the sums you are entitled to raise upon loan ? — No ; we have raised the whole of the origi- nal capital by the creation of 10,938 shares, of 100/. each; then we borrowed 583,922 /. ; then we raised, from new shares, the sum of 218,360 /. ; and we have paid off already 105,000 /., and are going on in the course of payment 369. You have applied a portion of the 218,000/. in liquidation of a part of the money borrowed ? — Yes. 370. What is the sum you have paid off? — £. 105,000. 371. What is the amount of your present debt?— £. 478,922. 372. You have called up the whole amount of your capital upon the original shares? — Yes; the whole amount. 373. And you have paid dividends both upon the original capital and the half shares ? — Upon a certain proportion only ; dividends upon the whole capital of the original shares, and dividends upon the half shares to the extent that they have paid up. 374. What proportion of the half shares has been paid up? — £.20. 375. You have restricted your dividends upon the half shares to the proportion that has been paid up ?— Yes ; the first half-year they paid 10 /. and they received a tenth of the dividend. The next year they paid 20 /., and they received one- fifth. 376. You have completed the whole of your works? — I do not think that they ever complete railroad works ; we have let the line to a contractor, and that almost amounts to a completion of the works. 377 - To SELECT COMMITTEE ON RAILWAYS. 21 Mr. John Moss. 377. To keep it in repairr — Yes, for seven years. 378. Mr. Shaw Lefevre .] At how much per mile have you let it ?— About 250 1. a mile. . . ........ 379. Chairman.'] Do you expect that the necessity for repair will diminish as the line hardens ?— I should say that the contractor thinks so; he was very anxious to make an arrangement in case of his death, in the earlier part of it, that he should be allowed to transfer it to other parties. 380. Does any Act of Parliament oblige the Grand Junction Company to allow any persons to place locomotive engines on the railway in general r I think any person can place them, under the general Act. 381. Plave any been placed on it? — Yes; some have for carrying coals. Mr. Firmson has an engine of his own for carrying coals. 382. Do you apprehend any inconvenience from allowing other persons than the company* to furnish locomotive power ? — The greatest possible inconvenience, if it was general. # . . 383. As far as it has gone has there been any inconvenience / — He is only allowed to carry at certain times ; he takes a few loads of coals a day and he keeps to our times ; he only goes two miles. 384. What is the whole* length of the line ?— Eighty-three miles, and fourteen part of the Liverpool line. 385. You go with your engines upon the Liverpool and Manchester line ? Yes. 386. Is there any inconvenience found from your taking your engines on that li ne ?_ Some little, but the boards being almost the same, there is a good feeling between the two ; but constantly collisions take place, which we settle in the best way we can. An accident happened two months ago to two of the engines, wherein some people were injured ; we did not know where to find the fault to turn either engineer away, although it is a thing that has cost 1,200?. or 1,400/. to the company. Again, with regard to the starting, there is some inconvenience : in short, there is a kind of spirit between the engineers which the directors find a great difficulty in keeping down, and if it was not for the com- panies determining to act together, there would be greater difficulty. 387. Lord G. Somerset.] You are deputy-chairman? — Yes, of the Liverpool and Manchester. 388. And although the directors are very nearly the same individuals, and great anxiety prevails in both directions to prevent anything like rivalry, great inconvenience does arise from rivalry ? — Yes, there does ; and although w’e have the son of their principal engineer as ours, and the works are together, still not- withstanding it is difficult to keep it down at times. 389. I think you have already stated some serious accidents have happened, in consequence ot that sort of rivalry ? — One accident happened in consequence of the engineer coming down the inclined plane at too great a speed ; one man laid the fault upon the other man stopping where he ought not to have stopped, and the other laid the fault upon the other for coming down too fast upon the inclined plane. The company agreed to pay all the expenses in the first instance, and leave it to arbitration who should pay it ultimately. 390. The inference from your statement would be, that where two different par- ties should put engines upon a railroad, there is more danger than where it is under one control? — Decidedly, 391. Do you not think it would be expedient to amend your powers to that extent, to make the company the only carriers, instead of allowing others ? I am quite of opinion that the Act ought to compel the company to find locomotive power as well as the road. 392. And no other ? — No other. 393. At the same time that you give that opinion, would you have any objection to have your bye-laws with regard to goods and passengers subject to supervision, and disallowance if thought proper, by some tribunal?- — I cannot see the least objection ; we have no bye-laws. 394. You have the power of enacting them r — I do not know ; we do not enact them. 395. Chairman .] You do not find any inconvenience from the want of bye- laws ?- — None at all. 396 . Mr. Greene.] What distinction do you draw between making bye-laws and 222. d 3 regulations 22 April 1839. 22 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. John Moss, regulations respecting the traffic : you make regulations with regard to carrying persons’ carriages, that you will not be answerable for damage ?— That is a reeu- April 1839. lation made in the office; it never came before the directors ; and I was surprised to find, when I took my own carriage down lately, it was our own regulation. 397 * Lord Granville Somerset .] Does not that regulation come under the name of a bye-law? — No, I think not. 39 ^* Greene.] Are not the public at the mercy of your officers as well as the directors?— Yes, until complaints come; if any complaint had ever been made of it being objectionable, it would be done away with. 399. Do you think it expedient that the officers of the company should make regulations respecting the traffic independent of the directors?— I do not mean to say that was the case in our railway ; it may have been done when I was not at the board. 400. As a principle, you would admit that it is not fitting that the servants should make regulations independent of the board? — Certainly. 401. Mr. Loch.] Is that regulation as to carriages done away with ? — I am not certain that it is our regulation ; I do not think it is done away with on the other line. J 402. Lord Granville Somerset.] In this instance, if I understand right, you have the power to prevent any other persons travelling on the line, unless under such regulations as you choose to impose ? — A person could not come on, because if we did not supply them with water that would be the great hindrance ; they could not do so ; practically speaking, no other party could come on. 403. No othei person has a right to make use of your water, your stations, or your guards ? — No. 404. Practically speaking, you are monopolists? — Yes. 405. Would it not be better for the company on the one hand, and the public on the othei, that you should be positively monopolists, and your rules and regulations subject to the control of competent authority?— I am of opinion decidedly so. 406. Mr. Fres/rfteld.] Practically, is it not so now, that no one should use the railroad but by your consent ; might you not give that consent upon the terms of youi having the control ? — I think there would be great difficulty in giving the consent; the company would feel the danger of allowing other engines to go on. 407* A part of the railroad is already so useo on the Liverpool line ; could not you allow* the use ot the railroad upon such terms as would give the absolute control to some one body ; in any instance in which locomotive power is allowed to be used upon the railroad, could not you give the power upon such terms as would give the absolute control to some one body ? — Certainly we could. 408. Whether the power was given to you by Parliament, or was practically witbin^ your reach, could not you so shape the regulations as to effectuate that object ? Y es, certainly ; but it would be more satisfactory if Parliament were to define it. 409. Should you not think it desirable that the regulations should have a more permanent character, and be in the nature of bye-laws, to be submitted to some revision ? — Certainly. 410. Lord Granville Soznerset.] Would it not have this advantageous effect, that the bye-laws of the different companies would be the same? — Yes. 411. You at one time proposed to the Post-office to convey the mails all the way through to London? — In a conversation with Colonel Maberly I men- tioned it. 412. What was the primary cause of its being abandoned? — The difficulty w'ould have been getting water upon the Birmingham part of the line ; we never applied to them ; it was merely a conversation ; I was never authorized by the board to make the suggestion. __ # m 00 413. You anticipated that difficulty ? — Yes. 414- Mr. Shazo Lefevre.] Do your engines run upon the Birmingham line? — No. 4 * 5 ' There is a change of engines ? — Yes, our coaches run upon their line, and theirs upon ours. 416. Chairman .] There is no difference in the rails ? — No. 417. Mr. Shaw Lefevre.] Are your engines constructed upon a different plan ? — Yes, with six wheels. 418. Have SELECT COMMITTEE ON RAILWAYS. 23 418. Have you had many accidents from engines getting off the rail ? — Very few ; we had many accidents in the first instance of axles breaking, but we have not had any for some time. 419. Do you consider the six-wheel engine the safer of the two? — We think so ; there is a great difference of opinion upon it. 420. Chairman .] With regard to the fencing of your line, the company are bound to preserve fencing? — Yes. 421. Supposing they were allowed to get out of repair, would there be any remedy against the company? — Yes; we have had to pay for some cattle getting upon the railway and overturning a carriage, and injuring some horses that were in it ; we paid 200 l. to the proprietor. 422. What description of fences do you usually use? — Chiefly four rails ; we have a quick-set fence with four rails to keep the fence in order, and whole wire- work to keep the sheep out. 423. That is an adequate fence for sheep and pigs? — Yes. 424. Lord Granville Somerset .] What is the height of the fence? — As high as a five-barred gate. 425. When you first opened you had nothing to prevent sheep getting in? — I believe we had ; in making the line the contractor made all the fences. 426. When you first opened the Grand Junction in July 1837 there were no fences, were there ? — I think there were. 427. Were not they simply posts and rails without any fence? — Posts and three rails, and wire put between the three rails ; strong wire. 428. Were those rails sufficient to prevent the cattle getting on it? — Yes, with one exception, which was owing to some person breaking them down. 429. You consider good fencing a very important element in a railway ? — Yes ; certainly. 430. There is no mode of enforcing it but by application? — By a private appli- cation. 431. If private parties do not apply, there is no mode of compelling it ? — They are so necessary for our own safety, we should do it, and the person who has taken the contract has agreed to keep them in repair. 432. Supposing you were not to do it to protect yourselves, is there any person to apply for it except those over whose lands the railway went? — No other; but I never heard of any complaint upon the subject. We are extremely obliged to any person who will come and give information of any defect in the fencing. 433. Is the repairing of the fences included in the contract of 250/. a mile? — Yes. 434. With regard to your liability as carriers, do you consider yourselves liable in the same way as coach proprietors and canal carriers? — Yes. 435. Have you laid down any rule by which that liability is at all altered ? — I am not aware of any. 436. Would not the rule about the carriages be an attempt, whether successful or not, to prevent your liability at common law? — I think it would. 437. That rule was enforced at one time ? — Yes, it was. 438. Without the sanction of the directors? — I was not aware it was existing. 439. Do you conceive that rule was laid down illegally on the part of some person or other? — No, I do not. 440. Supposing any person had the power to establish that regulation, and the directors chose to act upon it, w’ould not that be removing that liability to which you yourselves are amenable? — I think myself it would not. 441. You think it would be itself illegal, and not an estoppel to an action? — I do. 442. Have you any rule as to horses ? — The same, I believe. 443. The rule as to carriages is abolished ? — I do not know. 444. Is the rule as to horses abolished ? — No. 445. What is that rule ? — I do not know. 446. Supposing the rule as to horses to go to the extent that the rule as to carriages did, should you suppose it would be useless in the event of an action being brought against you ? — I think it would. 447. If I came to your station with my horses, and call upon you to carry them, and refused to sign the rule, in what way could I compel you to carry those 222. d 4 horses Mr. John Moss. 22 April 1839. 24 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. John Moss. 22 April 1839. horses if you had room? — That kind of summary notice would not be sufficient, but they would be taken directly. 448. That would be because the officer thought it politic to take them ; suppose he refused, have I the means of enforcing it? — I think you would have the choice of sending them in the best way to London, and we should be bound to pay it. 449. Is that your view of the law ? — Yes. 450. When did you begin paying the dividends? — We began paying the divi- dends in June 1838; we paid 5/. every half year till the last, and that was 6 /. 451. Do you remember the first dividend ? — I think it was in January 1838. 452. You had been at work about six months? — Yes; six months exactly. 453. What was the dividend? — Five pounds. 454. Have you continued to pay the same ever since ? — Two 5 /. and one 6/. 455. Was that dividend paid out of the profits of the concern ? — Entirely so. There was some question whether we had not charged too much to the locomotive power, for axles broke, and it was a matter of doubt with the directors and pro- prietors whether the axles should be charged to stock or not. 456. But the principle the directors went upon was paying out of the profits ? — Entirely. 457. And in addition to that you have paid off 105,000/. ? — Yes. 458. Was it paid out of the surplus money in hand or by other means? — Out of the money raised by the new shares. 459. What is the rate of interest you are paying to the lenders of the money ? — What we paid off was four per cent. 460. Have you any at five per cent.? — None at all. 461. What is the highest per-centage you pay? — Four-and-a-half. 462. Why did you not pay off the four-and-half per cent, first ?— Because the other was the first borrowed ; it was borrowed of the corporation of Liverpool, and they wanted it to be repaid. 463. With regard to the four-and-a-half per cent., did you make any bargain not to pay them off before a certain time? — Yes ; we named the time with each party. 464. There is a particular period for paying off all the loans? — Yes, the last is April 1845. 465. You apprehend you shall be able to pay off the loans as they arrive out of your profits? — No, out of the half shares ; we have got 327,000/. still to be paid up on those calls. 466. How much of the half shares has been paid ? — £.218,360 paid up. 467. And 327,000/. is the balance? — Yes. 468. Do you pay the same rate of dividend to the whole shareholders and the half shareholders ? — Yes ; they get dividends as they pay up. 469. Pro rata ? — Yes ; we only allow them to pay up according to the calls. 470. You restrict the dividend to the same rate? — Yes. 471. According to the money paid? — Yes. 472. The whole shares held and the half shares held are in the same situation as to the dividend ? — Yes. 473. And no preference whatever? — No. 474. Mr. Loch.'] At what premium are the whole shares now ? — They are at about 104 /. premium. 475. The half-shares? — At 44/. They are not in proportion, because they do not receive the same dividend. We only call for it as we want it to pay off the bonds. The last money we borrowed was at 4 per cent. 476. Lord Granville Somerset.] What was the date of that? — Last year. The parties asked us to take a further sum. We happen to be in good credit. 477. Mr. Loch.] When you have converted all your money borrowed upon loans into capital, the whole capital will be about 2,037,000 /. ? — I think 2,107,000/. 478. State how you make that out? — The original shares are 1,091,800/. We have borrowed, deducting what we have paid off, 478,922/. Then the half-shares is 545,900 /. Perhaps the Committee would allow me to send them up a statement of the exact sums. [The Witness zvas directed to do so.] 479. Did the cost of the railway exceed your estimate much ? — It exceeded it 40 per cent. 480. Under SELECT COMMITTEE ON RAILWAYS. 2 480. Under what heads would you say the excess principally took place ?— I think it is owing to the engineers invariably giving in incorrect estimates. 481. Chairman.'] Are there any tunnels on your railroad ? — No. I think engi- neers are convinced few parties would go into railroads, if they knew the whole expense. 482. You do not think it arose from their ignorance t — They do not put all the things down ; and when you complain, they say, “ We do not put down the sta- tions and other things. *’ The persons who take the shares are ignorant of those matters, and they take the shares under the notion that the sum stated is to do a M- . rri, 483. Sir Harry Cerney.] Did the expense exceed the estimate? Ihe share- holders would think so. I do not know that the engineers would ; they should put down everything. 484. Mr. Lock.] Was there any great excess upon those parts of the work estimated and put down by the engineers ? — First there is the land ; they pot it down at 120,000 /. at 130,000/., and it cost 230,000/. or 240,000/. 485. Mr. Shaw Lefevre.] That is not the engineer’s estimate ? He knows all the bargains made at the time with the parties, to pay them for their assent, and I contend it is the engineer that ought to state them. 486. Mr. Loch.] How does the expense stand as to the cutting and embanking and doing the road ? — I do not think it is much exceeded. 487. The outlay upon the stations was not calculated upon at all ? — I am told by Mr. Loch he did not put down the stations at all ; that he did not put down the expense of the establishment ol engines and carriages, which amounted to a large sum ; and the land also ; and his opinion is, if we took off all those things which he did not put down, it would come pretty near to the first estimate. 488. Then, in short, the whole case was not brought before Parliament at the time the Bill was applied for? — I do not think it ever is. 489. Chairman.] Do you find that the wear and tear of the railroad is regu- lated by the speed ? — We are not aware of any wear and tear upon the railroad ; and 1 should think the parties having taken the contract to keep it in order, and not having limited the speed, they did not think it of any consequence. 490. You have not limited yourself to speed ? — No, but we have as to weight ; we are not to put on a much heavier engine than we have. 491. What is the weight of the one you have? — Thirteen tons, I believe. 492. What is the rate of travelling now ? — We go at almost all speeds ; at an average of 23 miles an hour. 493. What is the rate you contract to take the mail at? — Twenty-three miles an hour, including stoppages ; it is 10 per cent, faster than the Birmingham rail- road. 494. Are you limited by the Act in the amount of fares you are to take? — Yes. 495. What is the limitation ? — ( The Witness referred to the Act.) I can hardly tell ; it is coupled up with the locomotive power ; it is 2 d. per passenger per mile. 496. Mr. Loch.] Can you state to the Committee whether you are near the maximum ? — No ; but we can hardly say what the maximum is ; it is such price as the directors shall think proper. 497. Lord Stanley.] Is not that the case in all railways, that there is no limit as to the locomotive power ? — Yes, I believe it is. 498. Mr. Loch.] Do you charge the same fares as you did when you originally began to carry passengers? — We have altered them a little. 499. In what way ? — It is an alteration for the convenience of the passengers. We have not altered the higher class ; it is 21 s.; but what we charged 14 s. we charge 17 s. But then we have introduced another class, bringing it down to 115. We had no open carriages at first. 500. Lord Stanley.] Instead of one class at 14 s., you have one class at 17#. and another at 1 1 s. ? — Yes. 501. You have three classes of carriages? — Yes; we found that the first-class passengers went in the second, and the third-class passengers found it very incon- venient to pay 14 s. 502. Mr. Loch.] Has the alteration increased the number of passengers in the first and third classes ? — Yes. 503. Sir Harry Verney.] Has it altogether increased or diminished ? — We are greatly increasing. 222. e 504. Have Mr. John Moss 22 April 1839 E 26 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. John Moss. 22 April 1839. 504. Have you made any change in the short fares as well as the long ? — • Exactly the same. 505. Mr. Loch.] You charge more for the mail than the ordinary carriage? — Two shillings more than the ordinary carriage. 506. Does that difference check the travelling in the mail ? — I believe it does. 507. You do not think if you were to increase the number of carriages carry- ing four inside, you would have passengers enough to fill them ? — No. 508. Sir James Graham.] Have you come to an arrangement with the Post- office lately ? — Yes. 509. Was it settled without calling in an umpire ? — Yes, it was. 510. Did that new settlement give you a larger sum for carrying the mail than had been given to you before the reference? — Yes. 511. You receive more? — Yes. 512. To what extent? — I should say 7 /. or 8 /. a day more. 513. What do you receive a year from the Post-office now? — About 16,000?. a year. 514. What did you receive before the award, for the same w'ork ? — I cannot exactly state to you ; it was not for the same work ; there is more work ; and we carry a travelling post-office, which we did not before ; and it is all night work. 515. Do you supply that post-office ? — Yes ; we start from Manchester at three in the morning, and from Liverpool at three in the morning, and we get no passengers along the line ; that was the principal expense. 516. How long is the bargain binding? — I think for three years, according to the Act ; the Postmaster-general has the power of shortening the agreement, and we have not. 517. Is any provision made for the increase of the weight of the letters to be conveyed ? — That is provided for in the agreement. 518. Lord Granville Somerset.] You raised no money by debentures; that is to say, by money upon the faith of shares already partly paid up? — Not at all ; certainly not. 519. Chairman .] Are you bound under any penalty to the Post-office, if you fail in performing the duty? — Yes, by a bond to the Post-office. 520. Sir Harry Verney.] Have your railway men the power of attending Divine worship on Sunday? — Of course not, those who are going with the carriages. 521. Chairman .] Have you as many trains on Sundays as any other days? — Not so many. 522. Have you as many men in attendance along the line on Sundays as on other days ? — Certainly not. 523. Sir Harry Verney.] Are they the same men? — Our enginemen change every day. 524. The officers of the establishment generally, are they the same men who attend on the week days? — No, at each place we have two men; there is no difficulty in a person going to church ; one person can go in the morning, and another in the evening. 525. Are they the same persons every Sunday ; or do they change, so as to have one Sunday free? — I should say there is a sufficient number of persons to allow one to go. 526. There is a sufficient number of officers to allow each officer to attend once on a Sunday ? — Yes. 527. Chairman.] Do any of the carriers use your railway? — Yes, there are three or four who have made arrangements ; we are carriers ourselves upon the line. 528. You furnish the locomotive power to the carriers? — Yes, and the waggons. 529. Lord Stanley .] Do any of the carriers furnish their own locomotive power? — No, except one, who carries coals. 530. Are there any upon the Liverpool and Manchester? — No, except the men who take coals. 531. Lord Granville Somerset.] What is the regulation about carrying goods ; suppose there is a great mass of goods comes on, do you take them according to priority? — We have not been so fortunate as to be in that situation. 532. You have yet been able to carry all brought to your — \es; we give to each of the carriers a small warehouse to conduct their business upon our line, we being SELECT COMMITTEE ON RAILWAYS. 27 22 April 1839. beinr carriers also, and allowing them a per-centage out of the toll we charge, Mr. John Mou. for their trouble as carriers ; what we think the carriers’ profit ; we are not anxious to be earners. 533. You are aware there was a discussion between the London and Birming- ham Company and the carriers, as to their not being put upon an equality ?— Yes. 534. Has anything of the kind arisen upon your line ?— Nothing at all. 535 * What remedy has the public against your otriceis, if they misDehave m any way ; is there any remedy except by an application to the directors ; or is there any intermediate course by which they might obtain quicker redress? I am not aware of any. . . T , • n , .. 536. Is the whole of the line under one superintendent '—It is all under the superintendence of a captain of engineers, Captain Clether. 537. He superintends the management of all your servants from the one end to the other? — He has the whole direction of the out-door department. 538. They look up to him, and he is responsible for their good conduct, and you call him to account if anything wrong takes place ?— Yes. 530. If the public have any complaint to make, they go to Captain Clether YesVor we have a book at each station, where parties are requested to write down any complaint, which book comes before the court every W ednesday. 540. And that is under the notice of Captain Clether? Yes, and he has no power to keep it back ; he is directed to bring a copy of it before the board every Wednesday. 541. The board sits at Liverpool ? — Y r es. 542. Where is Captain Clether’s residence ?— Principally at Liverpool ; but he is generally along the line each day, and he has the power of discharging all the inferior persons summarily. , 543. Lord Stanley.'] The complaint-book lies upon the bar, and is fastened to the bar at each station? — Yes. 544. It is always open to the public, and the officer has no power of concealing it? — No. . , c . , 545. Chairman?] As regards the tickets furnished to tiavellers, do you furnish each traveller with a ticket, and require it at the end of the journey ?— No. 546. What is the regulation ?— When he pays the money we furnish him with a ticket; then the train goes to the top of the tunnel, about a mile out, and then we collect the tickets from them. 547. Mr. Loch.] How do you do it at the Birmingham end? — We take them from them in the yard after the bell is rung to be all seated, a person goes lound for that purpose. . . 548. Chairman.] Those persons that get up at the stations on the line, how is that managed ?— They are furnished with tickets, which the conductor collects from them immediately afterwards. . 549. Sir Harry Verney.] As soon as they have taken their seats r 1 es. 550. Mr. Loch.] Suppose at the end of the journey one of your officers was to ask for a ticket from any one of the passengers, stating his belief he had not paid, what is the remedy he has on behalf of the company in such a case ?■ I cannot imagine such a thing occurring. 551. Lord Stanley .] According to your system no person can ask, because it is known it is given up at the commencement of the journey ? Yes. 552. Is not the way-bill a check ? — Y es. 553. There is the duplicate-book, out of which the tickets are cut?— Yes, and each person brings along with him a way-bill. 554. Mr. Loch.] Have you any such power as they have, or assume to have, on the Birmingham Railway, of taking a person immediately before a magistiate in the event of his not being able to produce a ticket? — No. 555. Sir James Graham.] Is there any regulation as to the quantity of luggage that a passenger may carry? — I think he is allowed to take 1 cwt. ; we aie not particular. . 556. And all beyond that to be paid for?— Yes, but we never weigh it; 1 know the other day they referred to me when there was a gentleman taking four barrels of oysters on the carriage, but we did not charge him. 557. Mr. Greene .] Now, a party getting in at Birmingham and taking a ticket to go as far as Wolverhampton, what check have you that that man does not pro- ceed further? — We have no check, excepting that the conductor would look out 2 2 2. e 2 and MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. John Moss. aa April 1839. no and perhaps notice him if he was in the habit of going by the train- I have doubt many do go further. 8 J ’ 1 nave ^ r - Freshfield.] You have a minor check, by placing them in different carriages? — We have not much of that. 0 nerent t J 59 . Mr Greene.] Suppose the conductor honestly conceives my ticket goes to the Wolverhampton station only, and he was to insist upon my quitting the car- riage, what protection have I against him, or what means have I of showing that the ticket was to carry me on to Liverpool?— I do not think the conductor would make any demand upon you ; if he was in the habit of seeing a gentleman soimr on beyond Wolverhampton, he would perhaps notice it; we have had that oc?ur.° 500. Does the way-bill contain the names of the persons ? Yes. . .561. Lord Granville Somerset."] Do you believe practically you have a suffi- cient check to prevent the existence of frauds?-! think not; I think there are a great many frauds committed. 562. Have you any intention to change your system ?— No, the frauds are not sufficiently extensive to require it. 563. You would rather be subject to the frauds now existing than put on stringent regulations, that might be annoying to honest passengers ? — Yes • • “IT any regulation as to the time that is to elapse between the ringing the bell for starting and the time the train starts?— Five minutes 565. May I call your attention to the Act passed in last July ; in point of fact does not that enable you to raise more capital by enabling you to convert debts into capital 1 — It empowers us to convert debts into capital, certainly. 566. And you have availed yourselves of it ? —Yes, to pay off the debts. 507. In any statement of the amount of capital you are empowered by Parlia- ment to raise, this Act ought to have been stated ? — I should say not ; because it is capital whether we owe it as a debt or as shares. 568. Is there not a distinction between it being capital and debt ?— It might «till be called capital. 6 569. Mr. Fresltfield .] If you convert debt into capital, it would be for the ad- vantage of the public ; there would be no interest upon it, and they would onlv receive their share of the dividend if it was paid ?— Yes, exactly so. 57 °- Sir / a me s Glraham.] The Grand Junction is not before Parliament this session ? — No. 571 . Lord Granville Somerset.'] But by the Act passed last session you were enabled to get rid of the debt and create more capital ; therefore in any account stating the money to be raised by loan or capital, that Act ought to appear?— les, only it ought to be taken from one and added to the other. 57 2 - It does create a distinction? — Yes. 573 * Mr. Greene.] But it is not in addition r — No ; our object was to convert all our debts into capital as fast as possible, and that is our great object. 574- Loid Granville Somerset.] Your object is to have a large number of share- holders.^ — Yes; that the money should be paid by the shareholders. 575 - Sir James Graham.] Has all the capital been paid up upon your original shares ? \ es. 576. Sir Robert Peel.] Have you had any difficulty in enforcing the payment of any shares ? — No, not the least. 577. Any shares forfeited for nonpayment of the instalments ?— Not one that I am aware of. There were originally two companies ; and there was between the two companies some difficulty. 578. Sir Harry Verney.] Do you think that the public would be protected if at the commencement of these railways a royal commission had been issued under whose supervision they should have been made?— I think very much so indeed. J 579 - Do you think that a royal commission would have allowed the proprietors of railways to be injured in the way you have stated, by the engineer not including m the estimate the expenses of the station-houses ? — I think that a roval commis- sion would investigate the thing much closer than ever it is investigated by Parlia- 580. You think it a pity that a royal commission was not appointed ? Yes. 581. Do you think that it would be desirable to name such commission now?— I think that it would. 582. And from your experience upon railways, what are the functions you would confer upon those commissioners?—! am not able to say; there were some sug- gestions SELECT COMMITTEE ON RAILWAYS. 29 gestions drawn out and sent to the Board of Trade after the first Manchester and Liverpool Railway was opened. 583. In what, year? — I think in the year 1831. 584. Were they suggestions recommending the appointment of a commission ? — The appointment of a board ; they are the suggestions of a person much more conversant with the subject than myself. 585. Mr. Loch.'] Do you think that any of those accidents that have hap- pened on your railway, have arisen from the want of control over the engineeis ? — I think so ; I think the class of men we have as engineers on our railroad, is not equal to what it ought to be. 586. Chairman.] Before you appoint an engineer, is he examined in any way? — The misfortune is that there is a great demand for engineers ; a man who is a good fireman and active is generally advanced to an engineer, and there are not sufficient pains taken to see what his qualifications are : I would rather see a board appointed to remove that evil. 587. Has it ever occurred to you how that could be remedied? — I think by a board being appointed, where a person might pass an examination and produce testimonials as to fitness to conduct an engine and general character, and afterwards that person should take out a license as a pilot does, or an innkeeper, and find security for his good conduct. 588. What board do you speak of? — A board appointed by the Government to give certificates. 589. How do you conceive such a board could be paid? — I should think from the railroad companies, the expense would not be great. 590. A board similar to the Trinity Board, as far as the pilots are concerned ? — Yes ; and the companies taking persons passed by that board ought not to be liable for accidents, arising from those persons in disobeying their orders, but in other instances they ought. 591. Would not that limit the liability of the company too much? — No; I think not, if the companies do what they can. At present the company appoint a person, the best they can get, and he disobeys their orders ; in the case of acci- dent the public call upon the company. 592. Would that not lead to greater disobedience of orders? — No; because those persons being so licensed would receive a higher pay, and be sought for so much, that they would be afraid of losing their situations. 593. Would it not make the company less anxious to look into the character of the engineers if you were to take the liability off their shoulders and throw it upon the engineers? — I think not; I think the company are anxious to get the best persons possible. 594. Would they be equally so if they had no liability, and their servants were to be placed in their shoes in regard to liability ? — I think if the party who con- ducts the engine was bound to find security in a certain sum, and two friends in two other sums, he would attend to his orders better. 595. Chairman.~\ Would not that increase the difficulty of finding engineers ? — No. 596. Lord Stanley.] Have you not the power of enforcing it if you think fit, and saying you will take no person w ho does not find security ? — Yes, we might ; but if we did, our engineers would leave us. 597. Lord Granville Somerset.] At this moment there is such a great demand for good engineers, that there is a great difficulty in finding them ? — Yes. 598. But hereafter there will not be, in all probability, that deficiency ? — No; and we shall get a better description of persons. 599. Are you willing to give a larger sum for remuneration, so as to secure a better class of persons ? — Yes. 600. Sir Harry Verney.] What do you pay now ? — About y s. a day. 601. Mr. Greene.] Do you pay by the day or the trip? — By the trip ; they run two days and stop one. 602. Sir Harry Verney.] Have you discharged many of your engineers ? — No. 603. Lord Granville Somerset.] What do you consider a day’s work ?- — Taking a train to Birmingham, and back to Liverpool. 604. What time have they for rest at either end ? — They change every day ; they go at different hours every day. 605. The engineer brings down the train from Liverpool to Birmingham in the morning; what time elapses between the proper time of his arrival and departure? 222. e 3 — They Mr. John Moss. 22 April 1839. 3 ® MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. John Moss. 22 April 1 839. Mr. C. Laurence and Mr. H. Booth. — They depart much more rapidly in the day-time than in the night ; three or four hours elapses. 606. But several hours at all events? — Yes; the trip to Birmingham and back only occupies nine hours. 607. There are two or three hours elapse between the trips ? — Yes. 608. Chairman .] Have there been any complaints against your engineers ? — We have discharged two engineers. 609. For what were they discharged ? — -For disobeying the order in going too fast. 610. Mr. Henry Baring.'] You said your rate of speed made very little dif- ference in the railroad ; with regard to the engines it makes a very considerable difference ? — Yes, very considerable in the wear and tear of the engine; that is the opinion of the engineers. 611. Lord Granville Somerset.] Do you recollect the allowance made in the original calculation for the wear and tear, whether it was by a per-centage? — I am not aware of that. 612. What do you reckon the average expense of the wear and tear of locomo- tive power, taking the 250/. a mile for the whole distance ? — About 53 per cent, upon the gross receipts are the total expenses. 613. Lord Stanley.] Do you find that that proportion of wear and tear is dimi- nishing or increasing?— I should say very little difference. 614. You have recently re-laid almost the whole of the line ? — Not the Grand Junction. Our expenses were 523 per cent., deducting the interest of money, which forms no part of the expense. 615. Sir Hany Verney.] Do you lay the rails on stone sleepers or wood? — Almost all upon stone. 616. You find that answer best ? — Yes. [A Paper was handed to the Witness.] 617. Mr. Loch.] Should you have any objection to give in a paper similar to that which has been furnished by the London and Birmingham ? — Not the least. [The Witness was directed to furnish the same.] 618. Chairman.] Is the number of passengers now travelling by the railroad increasing ? — Yes. 619. Do you find that increase equally great in the number of passengers tra- velling by night as by day? — I think they are rather increasing, for people are getting over the alarm there was in travelling at night. 620. Have there been any accidents on your railway in consequence of travel ling by night ? — I am not aware of any. 621. What trains have you by night on the railway? — Two from Liverpool, two mail-trains ; one that starts at seven o’clock, and the other that starts at three o’clock in the morning, and two coming in the other way. 622. The train that starts at three o’clock in the morning, does that carry many passengers? — Very few, indeed ; that is the cause the Post-office paid us so high. 623. They pay as much for that train as the other? — Yes; it has frequently only taken three passengers ; it takes the Scotch mails. 624. If anv general regulations were made applicable to railroads, do you think the Grand Junction would object to accede to such regulations: — Certainly not; I do not think they could object to them. Mr. Charles Laurence and Mr. Henry Booth, called in ; and Examined. 625. Chairman .] YOU are chairman of the Manchester and Liverpool Rail- way ? — ( Mr . Laurence .) Yes, I am. 626. You are the treasurer? — ( Mr . Booth.) Yes, I am. 627. Mr. Loch.] How many Acts have you got relative to the Liverpool and Manchester Railway ? — ( Mr . Laurence .) We have six Acts of Parliament. 628. Be good enough to enumerate them ? — Our first Act is the 7th of George the Fourth, c. 49 ; the second is the 7th & 8th of George the Fourth ; the next is the 9th of George the Fourth ; these two last Acts have no money clauses in them ; the fourth is the 10th of George the Fourth. 629. The SELECT COMMITTEE ON RAILWAYS. 31 629. The 8th of George the Fourth, c. 21, enables you to raise 100,000/.? —Yes. 630. The next? — The 10th of George the Fourth; the fifth is the 1st of William. 631. Lord Granville Somerset .] Do you raise money under that? — Yes, we do; the sixth is the 2d of William the Fourth. 632. Mr. Greene .] Did you raise any money under the 1st of William the Fourth ? — Yes. 633. Mr. Loch.'] Under your first Act, what was the amount of capital you were permitted to raise? — Under the first Act we were permitted to raise 510,000 /. in shares. 634. Then how much were you empowered to raise upon loan? — £. 127,500. 635. Was there any condition annexed to the raising the 127,500 /. upon loan? — 1 am not aware of any. 636. Were not you to call for the whole of the subscribed capital in the first instance ? — I am not aware of the circumstance. — {Mr. Booth.) I was not aware of it, we have raised the whole ; you are aware of that. 637. What is the next Act by which you are empowered to raise any money by loan or otherwise ? — {Mr. Laurence .) By loan or otherwise ; that will be the 7th and 8th of George the Fourth, 100,000 l. 638. Under the 10th of George the Fourth? — We were authorized to raise 127,500 /. by shares, 5,100 quarter shares. 639. Was that sum for the purposes of the original railroad, or was it for any other purposes connected with the concern ? — It was for the general purposes. 640. I think you will find it is stated to be for locomotive power? — {Mr. Booth.) It is for the carrying department, waggons and carriages. 641. Then by the next Act, the 1st of William the Fourth ? — We were em- powered to raise 159,370 /. under that. 642. Mr. Greene .] By loan or shares? — By shares, 6,375 quarter shares. 643. Mr. Loch.] Those are the new quarter shares you were empowered to raise under that Act. — {Mr. Laurence .) Yes ; the second quarter. 644. The next is the 2d of William the Fourth ? — Yes. 645. What were you empowered to raise under that ? — £. 398,400. 646. Mr. Greene.] Is that by loan or otherwise ? — By shares ; by half shares. 647. Was there anj^ power in any of those Acts of raising money by loan ? — Yes, there was; down to the 1st of William the Fourth we were empowered to raise 796,875 /. by shares, and we have raised altogether, including 1 00,000 /. from the loan commissioners, 427,500 /. by loan. 648. Could you give me Act by Act the amount for shares and the amount for loan ? — I am afraid I have not those particulars ; I have not the Acts here. 649. Mr. Loch.] Then by the 7th of William the Fourth, what were you em- powered to raise ? — By the 7th of William the Fourth the company got authority to borrow 400,000 l. on the security of the works. 650. Mr. Greene.] Could you give me the total of the money you are em- powered to raise by shares and the total of the money you are empowered to raise by loan under all your separate Acts ? — By the 7th and 10th of George the Fourth, and the 1st of William the Fourth, by the original shares and quarter shares we were allowed to raise 796,875 /., and we were authorized to borrow 427,500/. ; and the last Act was totally different from the others; it was a loan altogether upon the credit of the works ; the other Acts gave us authority to create shares. 651. Mr. Loch.] The 200,000/. you are authorized to raise under the 2d of William the Fourth, that was by loan, and not by the creation of shares, was it? — Yes, it was. 652. Mr .Greene.] The 1st of William the Fourth, that is, 159,000/. by shares; you have no power to raise money by loan under that? — Yes, we have, but I can- not tell you what it was. 653- Can you give us the whole amount which has been actually paid up on shares or obtained by the company by loan? — By the first creation it was 796,873 /. in shares only. 654. You call the first creation down to when? — Down to the 1st of William the Fourth. 655. Then you have a further sum you were empowered to raise on shares after that?- Yes. 222. E4 656. I want Mr. C. Laurence and Mr. 11. Booth. 22 April 1839. 32 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Laurence and Mr. H . Booth. 22 April 1839. 656. I want the whole amount you are authorized to raise on shares up to the present time? — By the 2d of William the Fourth? 657. I want the whole amount down to the present time ? — {Mr. Booth .) Taking the whole of the first six Acts, they grant power to the company to borrow money and create shares, at their option, to the extent of 1,224,375 /. ; that is the whole capital authorized by the first six Acts. 658. That is shares and loans altogether? — Yes; loans in the first instance, with power to redeem them by shares ; and we have made shares to that extent. 659. Mr. Loch.'] How do you deal with the 100,000 /. Exchequer loan ? — It is included in the first six Acts. 660. You had a right to raise directly by shares 796,875 /. ? — Yes, by the first Act. 661. How much of this 796,875/. have been paid up? — More than all that, because there is a loan in addition ; all that has been paid up. 66 2. Then in addition to that, by other portions of your Acts you have the power of converting money borrowed into shares to a certain amount? — 'Yes ; the power of borrowing 427,500 /., and converting it into shares. 663. You have borrowed that? — Yes. 664. How much of the other shares that are convertible have been paid up ; is it by calls? — Yes; they make the capital 1,224,000/. 665. The first class of shares created by conversion have been entirely paid up? — Yes. 666. But the second class, not created by conversion, have not been paid up ? —No. 667. What amount has not been paid up ? — The amount which has been paid up of the 427,500/. is 334,125 /. 668. Has that amount been paid by the regular calls? — Yes, at stated periods. 669. Then what is your present debt ? — That makes a total paid up of 1,131,000 /. 670. Mr. Shaw Lefevre .] You have 93,793/. not paid up? — Yes. 671. Lord Granville Somerset.] Is that in the shape of loans? — It is in the shape of shares not yet called ; it will be all paid up next February, according to the scheme promulgated. 672. What debt is there upon the concern? — That explanation accounts for the 1,224,000/.; we have power by the 7th of William to raise 427,000/. by loan ; of that we have taken up 171,125 /. 673. You have legal authority to raise more by loan than you have exercised ? —Yes. 674. Do you pay dividends upon the shares ? — {Mr. Laurence .) Yes, we pay dividends according to the shares paid up. 675. The same per-centage, in fact, but different in point of amount, according to the amount paid up? — Yes. 676. And that you have done throughout? — Yes. 677. What interest do you pay for your loan ? — We have paid different interests. — {Mr. Booth.') Four per cent, generally. 678. Any sums at five? — No. 679. When do you contemplate the annihilation of your debt ? — Next February the original debt will be all paid up. 680. Will there be any debt left then ? — Yes, some debt left; but if we do not borrow any more there will be only 174,000/. debt; that is too small to make into shares, and we are obliged to let it remain a debt. 681. What is the dividend now? — Four and a half generally one half year, and five the other, it has been. 682. Nine and a half percent, per annum? — Yes. 683. Is there any restriction in your Acts as to the amount of the per-centage? — There is a restriction that after we divide the full 10 per cent., certain reduction shall take place in the toll. 684. Is the toll you are now levying the same throughout ? — We have very little in the way of levying toll ; we are the only carriers. 685. With the exception of the Grand Junction? — They do not carry between Liverpool and Manchester, 686. But still they come upon your railroad ? — Yes. 687. They come into the general receipts ? — Yes. 688. Has SELECT COMMITTEE ON RAILWAYS. 33 688. Has your rate for carrying passengers and goods varied or not since the commencement of your undertaking P — Yes, it has varied ; we began with a higher rate than we have now for passengers. 689. You are not at your maximum ? — No. 690. Are you at the rate you could be, supposing you were dividing 10 per cent. ? — I do not think the law limits us with respect to passengers. 691. With regard to goods ? — No, we are not ; we do not charge so high as to oblige us to lower even under 10 per cent. 692. Generally speaking, you now charge less than formerly ? — The fares have varied. We first charged 7 s., and then, not being aware of the great expense of railways, we lowered down to 5 s. 693. Mr .Loch.] What effect had that upon the number of passengers ? — The passengers increased ; but how far it was owing to the reduction of the fare, or to the confidence of the public increasing, I do not know. 694. You have raised again? — Then there was a duty put on, which made us raise it to 5 s. 6d. for passengers of the first class. 695. Had that any effect in checking the travelling? — No, I think not ; it was counterbalanced by other circumstances. But in my opinion every 6d . put on diminishes the travelling. 696. Lord Granville Somerset .] Had it the effect of restoring any of the stage coaches that had been taken off the road ?— No ; we are quite within the capabi- lity of stage coaches. 697. Mr. Loch.'] You increased the rates again ? — Yes, we got power to make a tunnel into the centre of the town, and a station that cost us 120,000 l. Then we put on an additional 6c?., and it is now 6s. 698. That was for additional accommodation afforded to the public ? — Yes. 699. Chairman.] What is the lowest class ? — Four shillings and sixpence. 700. Have you more than two classes of carriages ? — No, only two ; all the carriages are covered now. 701. Chairman.] What is the distance P — Thirty two miles. 702. Have you any bye-laws? — Yes, we have bye-laws. 703. Mr. Loch.] You have none but the regulation as to smoking? — We have no bye-law imposing penalties upon others than our own servants, except that one. 704. Have you, by your regulations, endeavoured to limit your responsibility as carriers? — No, not beyond the Act regulating carriers. 705. You have no such regulation as the Birmingham with respect to con- veying carriages ? — No. 706. Mr. Greene.] Have you as to horses? — No. 707. Chairman.] What regulation have you as to tickets? — We collect the tickets at the commencement of the journey. 708. In the same way as on the Grand Junction? — Yes. 709. Mr. Loch.] Has that led to any fraud? — I have no doubt we are occa- sionally imposed upon, but not to any great extent. 710. The great extent of your passengers are those travelling between the two places? — Yes ; and the others that stop at intermediate places are generally known to the guards after a short time. 711. Chairman. J What system of fencing is there upon your line? — Various kinds of fence ; according to the nature of the ground ; where stone is plentiful, we build w alls ; where the stone is scarce, we put railing and quickset hedge. 71 2. Sir Harry Verney.] Have you not a bank of earth ? — Yes. 713. Universally? — Yes, on the embankments. 714. Only upon the embankments? — (Mr. Laurence .) Yes. 715. Do you not find that the best fence in case of an engine getting off the railway? — We should conceive so, but we never had an engine run into an em- bankment. — (Mr. Booth.) I think once the mounds were the means of prevent ing an engine going over the embankment. 716. Would it have been prevented if there was a wall instead of the mound? — (Mr. Laurence .) Not so well. 717. Does not the engine bury itself in the mound, whereas it would drive down the wall ? — The wall would not be so good a fence as the mound. 71$- You heard Mr. Moss’s opinion upon the subject of a royal commission ; do you think that would have protected the public against improper railway specu- lations ? — (Mr. Laurence.) I think it very possible. 222. f 719. If Mr. C. Laurence and Mr. H. Booth. 22 April 1839. 34 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Laurence and Wr, H. Booth. 22 April 1839. 719. If it had been established some years ago? — Yes. 720. At what period ? — I think the period after we got into operation was the time when the greatest number of schemes were brought into operation, and when many would have been prevented if investigated properly. 721. Mr. Moss illustrated the fraud to which the public had been exposed by the circumstance of engine-houses and station-houses not being included in the engineer’s estimate ; have you found the estimates incorrect in those particulars ? — In our instance it was not known what expense the railroad would be; we thought our estimate was very full when we took 510,000/. 722. Do you think it would protect the public if such a commission was ap- pointed now ? — I think it would. 723. Mr. Loch .] What w'as the weight of the rails originally laid down? — {Air. Booth.) Thirty-five pounds by the yard. 724. You have been obliged to relay the whole? — Yes ; with a sixty-pound rail. 725. Lord Granville Somerset.] You have rather a longer bearing now? — Yes; in some parts. 726. Mr. Loch. ] That was a circumstance you could not have taken into con- sideration ? — No ; our engines are nearly double the weight they were. 727. In point of fact you have had to try the experiment for the whole country? — Yes. 728. Lord Granville Somerset .] What do you contemplate that the royal com- mission should do?— To ascertain whether the line is wanted and whether it is the best. 729. Should you recommend that there should be persons appointed by the Government ? — Yes. 730. Should they determine not only whether the line is a good one, but whether another is better? — Yes. 731. And that they should determine through what districts of country they should go, in relation to traffic and engineering advantages ? — I look upon that as the principal object. 732. Do you think that the shareholders would like to subscribe to lines over which they have no individual control in the first instance ? — I do not contemplate that that would be the case. When the commission had investigated and decided the thing, then they would subscribe their money as willingly as to any line of their own choosing. 733. Do you not think there are a great many persons who subscribe to rail- roads because they are beneficial to their commercial interests ? — Yes. 734. Is there not a very nice balance occasionally between going in one direction and another ? — I am afraid the undertakers of a railroad do not look so narrowly at that ; this is a matter of speculation of late years. 735. Is it not possible that a very good engineering line may not be a good commercial line ? — The commission ought to investigate both points. 736. You would like to see it put in the power of Government to decide whether the line should go in a particular direction or not ? — It is an idea quite new. 737. Sir Harry Verney .] Should you like to give the commission such a power? — The thing has never been thoroughly considered. 738. Lord Granville Somerset .] Have you ever had reason to regret the line you adopted between Liverpool and Manchester; not as to the result of the specu- lation ? — For many purposes the original line we were driven out of was the better line. 739. Your engineer proposed another line than the one you adopted ? — Yes. 740. Why were they driven out of it ? — We could not carry it in consequence of the opposition of the landowners. 741. You yielded to the opposition, and took a line you had not chosen in con- sequence ? — Yes. 742. Suppose a royal commission had supported your first line, it would have been more grateful to you ? — It would have been the best line. 743. Would it not have given you a great influence against those who felt themselves aggrieved ? — I presume it would. 744. Would those persons approve of a royal commission? — I cannot say. 745. Would you not have felt it a hardship if the royal commission had recom- mended the line you have now taken in preference to the one you would have taken? — No, we were satisfied with either. 746. Do you think that a royal commission could have selected a better line than SELECT COMMITTEE ON RAILWAYS. 35 than the one you first proposed, or the one that you adopted? No, I doubt il ^>LmrcncL they could. Mr. H. Booth. 747. \ ou are deputy-chairman of the Grand Junction? — I was. 748. You are aware of the general circumstances of that line? — I am. 22 April 1839. 749. Were you in the direction when that line was sought for in Parliament ? —Yes. 750. Do you believe that that is as good a line as the royal commission could have suggested, looking at the engineering advantages, and the commercial advan- tages? — I am not aware that it can be improved, unless they came to Liverpool direct. 751. There were objections to that? — There were difficulties. 752. Which a royal commission could not have got over? — Ihere would have been a difficulty in getting over it. 753. Sir Harry Verney.\ If there had been a royal commission in the case supposed, should you have been exposed to an incorrect estimate given in by the engineer in regard to the station-houses and other expenses; if there had been a commission composed of officers uninterested, would not they have informed you that such and such expenses would have been necessary, not included in the esti- mate? — I conceive they would have given us an estimate of everything required, whereas Parliament only requires an estimate of the line. 754. Did any estimate given in include an estimate ot everything required? — No, not stations or compensations. 755. And those items amount to a very large sum ? — I am not prepared to answer that. 756. If there had been a royal commission, persons who took shares would have been informed of those expenses ? — I think they ought. 757. Do you think that the public would subscribe more willingly, if there was a disinterested body to see justice done between them and other parties ? — It is more satisfactory that there should be a body of that description ; they would subscribe Enore readily; not that there has been a want of subscribers on any of these lines.. 758. Lord Granville Somerset .] I presume that the directors, both on your line and other lines, are persons who have very strong interests in executing the works in the most economical and durable manner ? — Yes. 759. Have they not as strong an interest to look with a strict eye into the esti- mate as any public body ? — Perhaps the directors have not been so anxious to make it out as likely to cost a larger sum as a reasonable sum. 760. Do you think that public duty is a stronger power, in inducing the scruti- nizing of accounts, than self interest ? — No, I do not. 761. Has it not been the interest of the subscribers that the estimates should be accurately formed with respect to those points ? — I think there has been every endeavour, where the Act has been got, to execute the work as well as possible ; but before that I do not think there has been. 762. Do you not think that the directors, generally speaking, really do try, to the best of their ability, to gain accurate knowledge ot the expense of forming the railway ? — Except for that reason I have already said, that Parliament did not require to know the exact amount. 763. Was not it desirable, on the part of directors representing the interests of the shareholders, that they should scrutinize the different estimates betore they entered upon the undertaking? — Yes, before they entered upon the undertaking. 764. Is not the obtaining the Bill incorporating the company attended with con- siderable expense? — Yes. 765. Do you not feel yourselves bound to lay before the subscribers a fair esti- mate of the probable expense of the work? — Yes, certainly. 76^. Sir Robert Peel.] What was the date when your undertaking was first commenced ? — It was in 1824. 767. Do you not think, if a Royal commission had sat in 1824, it would have laboured under many of the difficulties you have laboured under, and which you can escape from, after the experience you have had ? — Certainly ; our first estimate was only for 300,000/., what has now stood at 1,200,000/. 768. Suppose you had to commence this work now, with the advantage of the experience you have had in the meantime, could not you correct many of the errors you then fell into?— Yes, certainly. 769. Do you not think you would be as competent now as a royal commission to decide upon the points that have been alluded to? — Yes. I conceive that the idea 222. f 2 of 36 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. .Laurence G t a r0 y a i comm i ss i on was to ascertain what line should be made, whether a single Ml. H. Booth. llne or two lines, according to the press of business. 77 °- What power should a royal commission have; should they have the power 2!i April 1839. to determine the compensation to be made to the landed proprietors?— I hardly know. J 771. What are the exact functions that a royal commission should have ; should they have the power of determining the rate of charge? — The idea of a royal commission originates from Mr. Moss putting in a paper written after the opening of the Manchester Railway by the law secretary or clerk, in which he, foreseeing the extreme difficulty arising from conflicting lines and interests, suggested the appointment of a commission, to whom should be referred which of two conflicting lines should give way, and which was most desirable, the one best adapted to the country at large at that time, or which should give way. 772. But alter deciding upon the preference to one of two competing lines, the right of interference by a commission should terminate, and the company should be in possession of their full power? — Yes. 773. And that the company should be liable to any loss sustained and entitled to any gain ? — \ es ; and the commission should report to Parliament. 774. Chairman .] Do not the carriages of the Grand Junction run also upon the Liverpool and Manchester ? — They do. 775 - T)o you find any inconvenience from their running upon that railroad ? — No. 776. Do you think there would be inconvenience if you allowed other persons to put on their carriages and locomotive engines? — Beyond a certain extent, l should think there would be ; we have a considerable train from Bolton with their own locomotive engines, and a considerable coal trade, besides the Grand Junction and our Liverpool and Manchester trade. 777. Do you regulate those persons who put on the locomotive power in point of time and speed? — We regulate them in point of time of starting, but not in speed. 778. How do you keep your railway in repair? — By our own people; not by a contract. 779 * Sir Harry Verney.~\ Do the Grand Junction employ your offices and station-houses ? — They have their own clerks, but we do all the business of the tunnel and out of doors. 780. Chairman .] Have you any contract with the Post-office for the conveyance of the mail ? — We have a fixed price of 1 \d. for the conveyance of the guard and his bags. 781. Any weight of bags he may take? — Yes. 782. And any number of communications in the course of the day ? — Yes, at that rate. 783. Mr. Greened] Your contract is only between Manchester and Liverpool ? — No further. 784. The London train is carried over a portion of your line at the expense of the Grand Junction ? — Yes. 785. Chairman .] Over what portion of your line does the Grand Junction carry the mail? — The Grand Junction goes over the whole of our line; part goes to Manchester, and a part to Liverpool ; it divides in the centre. 786. Then, in fact, the 16,000?. a year paid to the Grand Junction includes the conveyance from Birmingham to Liverpool ? — Yes. 787. Mr. Greene.] And to Manchester? — Yes. 788. Chairman.] Can you state what charge you are entitled by the Act to impose upon passengers ; what fares you are entitled to demand ? — ( Mr . Booth.) There is no rate mentioned in the Act ; such reasonable rate as may be determined upon. There is a toll fixed. 789. Do any of the carriers use your railway, or is the company the only car- rier? — {Mr. Laurence .) We are the carriers between Liverpool and Man- chester. 790. Have any persons applied to carry ? — I believe not. 791. If persons were to apply, should you be inclined to allow them to carry on the railroad ? — With their own locomotives ? 792. With or without their own locomotives? — The Messrs Pickfords did carry on it. 793. What is the reason that they, having once carried, do not carry still ? — I am not prepared to say the reason. — {Mr. Booth.) It was upon a very small scale, SELECT COMMITTEE ON RAILWAYS. 37 scale, in the nature of a special contract ; he had particular waggons at particular times, which took it out of the ordinary course ; we found the waggons and the power. 794. Did he cease to carry from finding it inconvenient, or the company decline? — He ceased when the Grand Junction opened ; it was with respect tr the London goods, to get them to Manchester. 795. What do you charge for small parcels between Manchester and Liverpool ; what is the lowest charge? — One shilling. 796. You carry nothing under 1 s. ? — No, not by the coaches. 797. If you carry it a part of the distance, do you charge the same ? — Yes; there are very few parcels carried except to the ends of the line. 798. Lord Granville Somerset .] Do you consider yourself liable as any common carriers are liable ? — We consider the same law applies to railroads as the high- ways. 799. Do you consider you have any power to make a bye-law that shall militate against your liability ? — No. 800. Y’ou have power to make bye-laws? — Yes, with the sanction of two magistrates. 801. Could you make any bye-laws with that sanction that should enable you to remove from you that liability? — No, because the provision of the Act is, that they shall be in conformity with the general law. 802. Has any regulation been made with respect to carriages and horses, or carriages, that should exonerate you from liability ? — No, we have no regulation of that kind ; we prefer leaving each case to be settled upon its own merits. 803. You have no regulation similar to that which existed on the Grand Junc- tion, and on the Birmingham and London, as to carriages and horses? — No. 804. If you had you would consider it of no avail? — I should consider it so. 805. Mr. Loch.] Have you held yourselves liable for damage done to cotton by being set on fire. — (Mr. Laurence .) We have paid it. — (Mr. Booth.) We have paid it, but there is a question whether the company are liable for very valuable goods under the general Act. 806. Lord Granville Somerset .] Has the case ever happened to you of setting fire to woods or plantations or hay-stacks, by the passing of the engine ? — I think not. 807. Do you give advice to parties not to put their hay-stacks or corn-stacks too near the railroad ? — (Mr. Laurence .) We have very few farmers near us ; there was a fire upon the Grand Junction line. 808. You cannot say what w 7 as done in consequence ? — There was an action brought against the proprietors of the locomotive ; that was before we took actual possession of the place. 809. Was there any law laid down upon that occasion ? — They got a verdict against them, but they got no money. 810. Was it because the party had not the money to pay, or upon a question reserved for the consideration of a court of law ? —They had not the money. 811. Mr. Loch.] What was the damage? — A barn and stack was burnt, the property of the Reverend James Hornby ; the Grand Junction were not in pos- session of the railway, and he was obliged to bring an action against the party who works the Warrington line. 8 12. Lord Granville Somerset.] Would you have any objection on the part of the company that your bye-laws should, before they become efficient, be consi- dered by some competent authority beyond that of a magistrate. — (Mr. Laurence .) I should think none in the world, it would be a very good thing. 813. You will have no objection ? — No. 814. You have only laid down one bye-law, as to smoking tobacco? — Yes. 815. Would it not be desirable that the bye-laws of the different companies should oe, as much as possible, similar the one to the other? — They should. 8 id. \ ou see no objection to a general tribunal, having the power of allowing or disallowing bye-laws, thought advisable by the companies ? — I am not aware ot any. 817. Have j'OU ever turned your attention to the propriety of altering the law, as it now stands w ith regard to persons employed by you as engineers, and in other confidential capacities r It would be very desirable to give the directors power to prevent the engine-men leaving their engines without due notice. 222. p O Mr. C. Laurence and Mr. H. Booth. 22 April 1839. 818. That 3 § MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Laurence and Mr. H. Booth. 22 April 1839. W. U. Sims, Esq. and Mr. C. A. Saunders. 24 April 1 839. 818. That any man engaging himself as an engineer, to conduct a locomotive engine on a railway, should be compelled to give a certain notice, say a month, before he quits the service ? — That would be very desirable. 819. You do not think you have power to make that law ? — No; we endeavour to bind them to engage for a certain time, but we find a difficulty ; thev refuse to do it. 820. Your proposition would be, that all persons in that capacity should be liable to a certain punishment, to be determined by local authority, different from the railway companies, if they left their employment without a certain amount of notice? — Something of that nature would be desirable; for, upon a certain occa- sion, all our people left us, and we were obliged to put the best substitutes we could find ; and though no accidents happened, the machinery was very much damaged. 821. Do you think it would materially conduce to the safety of the public that power should be given to the local magistrates to fine engineers for improper con- duct in the management of the engine ? — There would be some difficulty in it. 822. But with regard to such careless conduct, though producing no accident, you have encountered the recurrence of it ? — It would be desirable ; in the case of drunkenness the fine is no compensation for the mischief they might occasion. 823. You contemplate that the punishment of such offences by the magistrates, independently of the railroad directors, would have more effect than any bye-laws you could make ? — I think it would. Mercurii, 24 ° die Aprilis, 1839 . MEMBERS PRESENT. Mr. H. Baring. Mr. Fresh field. Sir James Graham Mr. Greene. Sir John Guest. Mr. Shaw Lefevre. LORD SEYMOUR, in the Chair. Mr. Loch. Lord Seymour. Lord Granville Somerset. Lord Stanley. Sir Harry Verney. William Unwin Sims, Esq., and Mr. Charles Alexander Saunders, called in ; and Examined. 824. Chairman.'] (To Mr. Sims.) ARE you the Chairman of the Great Western Railway Company? — I am. — (Mr. Saunders.) I am the Secretary. 825. (To Mr. Sims.) How many Acts of Parliament have you had for the purpose of enabling you to make your railway, and raise money ? — Four altogether; only one empowering us to raise money, the other were Acts for deviations. We have a Bill now before Parliament. • 826. The first is the 5th k 6th of William 4, c. 107, by which the Company were incorporated, and under which they were empowered to raise a capital they supposed to be sufficient to execute the works ? — Yes. 827. What was the amount of the capital you were empowered to raise under that Act? — £.2,500,000, by 25,000 shares of 100/. each, and 833,333 /. additional. 828. Were you enabled to raise money in any other way under that Act of Par- liament ? — We were empowered to raise 50 l. after 50 /• of the too l. was paid, the remaining portion of the amount, on the mortgage of the tolls. 829. The 50/. and the 100/. being called up, as in other Acts of Parliament, you were enabled to borrow 833,333/. by loan ? — We were. S30. You were authorized to raise money on the unpaid portion of the loo /. shares ? — We were. 831. Did you make use of your power when you had raised 50 Z. on each of the 100/., and borrowed the 833,333/.? — Not until we had called 65/. instead of 50 /. 832. You have borrowed the whole of the 833,333 /. ? — We have. 833. Have SELECT COMMITTEE ON RAILWAYS. 39 833. Have you, in addition to that, made use of the further power, and raised any money on the unpaid portions of the original shares ? — We have borrowed the remaining 35 /. 834. You have not paid any dividend yet, have you ? — We have not. 835. Are you empowered, or is it in contemplation if you had been in the situation of paying dividends, to pay dividends on the paid-up capital only, or on the unpaid-up capital, as well as the paid-up part of the amount of the capital ? — I should conceive that would be immaterial which would be adopted ; the 35 /. was bearing an interest of 5 l. per cent. 836. That was bearing an interest to those to whom the unpaid part of the capital was assigned over as a security ? — It was. 837. But you do not intend also to pay it to the persons who owned the original shares, as some other Companies have paid interest upon the loan upon which the unpaid part of the capital has been assigned as a security ? — It would only have made the dividend to each person so much less ; it was immaterial whether the dividend had been calculated on the 65/. or the too /. ; if it had been calculated upon the 100/. it would be so much less in the amount. 838. Mr. Greene .] Was it competent for the shareholders to pay up the 35/. and receive the interest upon it? — Each proprietor had the option of paying up the 35/., then he received interest until the subsequent calls were paid. 839. Sir John Guest.} Did many persons pay up those portions? — (Mr. Saun- ders.) The amount paid up in advance is 31,925/. paid up by proprietors, in advance on their own shares. 840. You did not borrow the money till you had given the proprietors an oppor- tunity of paying up upon their own shares? — No. 841. Mr. Loch.} Have you exhausted all the powers under that Act for raising money? — We have. 842. What is the additional capital you have come to Parliament now for the purpose of raising ?— (Mr. Saunders .) £. 1,250,000, in half shares, and one- third, making 416,000/. in addition, when 50 per cent, is paid up on the new shares. 843. Sir John Guest.} Why do you borrow the money instead of calling upon the proprietors to pay up the remainder of their shares? — Having the power in the Act, it was done to relieve the proprietors for a time, and particularly as new shares were about to be made. 844. How long do you propose to delay the calling up? — Until the debentures are due, 7 and 10 years. — (Mr. Sims.) It appeared also to be a very popular security : there was a very great demand for debentures in that shape. 845. Mr. Loch.} Have you obtained, or do you intend to take, any power for the purpose of converting the money you take on loan into additional capital, by half shares or quarter shares? — We should have the power I conceive of capitalizing any part. 846. Supposing you had determined to capitalize the whole of the amount of the money you were empowered to raise on loan, including the capital under your original Act and the Act now before Parliament, what will be the capital of the Company ? — Five millions. 847. Is that, in your opinion, sufficient to finish the works upon the Great Western ?— -It has been deemed so by the best authorities up to this time. 848. Does that include stations and locomotive power ? — It does. 849. The expenses have exceeded considerably the estimate, have they not? — Yes, they have. 850. Under what heads have they generally exceeded the estimate?— One very great excess in our case was, the establishment of an independent terminus, our original Act having been to join the London and Birmingham. 851. You obtained power to do that under a subsequent Act? — Yes. 852. And you took no power under that subsequent Act to raise additional money for that specific purpose ? — We did not. 853. Have the expenses of stations much exceeded the estimates of the engineer? —They have ; in fact, public convenience has required more accommodation than we thought necessary, from the increase of numbers. 854. Has the expense of providing locomotive power exceeded the estimate ? — The first cost of the engines has been more than we anticipated, but it is a very wide question, the expense of locomotive power. 222. f 4 W. U. Sims, Esq. and Mr. C. A. Saunders. 24 April 1839. 855. Has 40 MINUTES OF EVIDENCE TAKEN BEFORE THE IV. U. Sims , Esq. and Mr. C. A. Saunders. 24 April 1839. 855. Has the working of your line exceeded your estimate ? — 1 do not think it has much at present; 58 percent., on the gross receipts, I think, was our last half- year’s expense. 856. Have those deviations from the common course which has been pursued by other railway companies in the construction of the line, added considerably to your expenditure? — I do not think they have. 857. Have the cuttings and the embankments exceeded your estimate very much ? — We have had to pay more for labour than we anticipated in all ways and shapes. 858. With that exception, you are satisfied with the estimate you received from your engineer ? — One great source of excess has been, the increased quantity of land generally; I think our averages have come to 12 acres a mile, instead of eight, which is a very large excess. 859. Lord Stanley .] To what do you attribute that great increase in the quan- tity of land? — Except at the stations, I hardly know; the stations have been larger. — (Mr. Saunders.) Our earth work generally has been very much increased ; in order to improve the gradients on the line, the quantity of work has been in- creased. — (Mr. Sims.) It has made the embankments higher and the cuttings deeper, and consequently wider. 860. Mr. Loch. (To Mr. Sims.) How did you manage under the powers of your Act, extending the bed of your railway beyond the Parliamentary limits ? — We have never done so. — (Mr. Saunders.) The power is to take 22 yards besides the slopes ; we have never taken 22 yards for the line of the railway. 86 1. Mr. Greene.~\ When you spoke of the expenses of working the line, you did not take into consideration the increased expense which was caused by the fresh packing of the timber on which the rails were laid? — No; I think it was assumed, that at the same rate, 58 per cent, would be the average ; there may have been some increased cost in packing beyond that in the first six months. 862. When you speak of 58 per cent., it is rather upon the expectation of what will be ? — It was rather an assumed sum. 863. Mr. Lefevred\ You have been obliged to take a greater portion of land for spoil banks, have you not? — Yes. 864. That was not included in your original estimate? — No. 865. You took that land under your power, to take land for temporary occupa- tion ? — (Mr. Sims.) Yes. 866. After the railroad is completed, do you contemplate moving all that earth ? — It would revert to the proprietors in the state in which it. is. — (Mr. Saun- ders.) Wherever we have taken spoil-banks, it has been with an offer to buy the land at the time, but there are some cases, and Mr. Robert Palmer’s was one, in which he would not sell the land, but we took the land under an agreement with him ; we were to pay him what his surveyor and ours agreed should be the damage. 867. Lord G. Somerset. ] Will you state to the Committee the other causes of the great excess of your expected cost over your former estimate ? — (Mr. Sims.) Beyond the increased quantity of land, the increased cost of the land, the estab- lishment of an independent terminus, and three miles of road, which cost nearly half a million of money, I am not aware of any others. 868 . Can you recollect whether your engineer, in forming his estimates which were laid before Parliament, took a higher rate of cost than at the time was paying by other companies?— (Mr. Sims.) I think he did. 869. At all events, did he take a higher rate of estimated cost than the estimates produced before Parliament by other companies ? — I think there was a considerable increase upon his estimate, for earth-work for instance. 870. (To Mr. Saunders. ) Can you state what was the estimate in other rail - ways at that period ? — The London and Birmingham were then paying 1 s., and our estimate was taken on n. 1 d., but it has cost us 1 s. 7 d. per cubic yard of earth- work. 871. Does not it depend entirely upon the average length of your leads ? — That includes the average length of lead. — (Mr. Si)?is.) It is less for a short lead and more for a longer. 872. Are you to be understood, that for the same average length of lead you have assumed a larger sum than other railroad companies did? — (Mr. Saunders.) We did at that time-. — (Mr. Sims.) I think there were some estimates before Par- liament at that time at 6 d. f when we took them at i s. 1 d. — (Mr. Saunders.) We have SELECT COMMITTEE ON RAILWAYS. 41 have found from the inquiry made, that the cost of earth-work to us, as far as we have gone, estimated at u. 1 d., has cost us 1 s. 7 d. 573. Mr. Loch.] In applying for additional capital, at what have you taken it? — At 1 s. 7 d. — (Mr. Sims.) The result in fact of our experience. 574. Lord Stanley.] Can you state what the average lead was? — It was a mile and three quarters when we were before Parliament ; it has rather decreased, for it has appeared to us better to pay for land than increase the lead. 875. Sir John Guest.] Has not the estimate been increased by night-work ? — Yes ; but I think it rather has been increased by the circumstance of so many Acts of Parliament passing in the subsequent year, which has increased the number of works proceeding, and enhanced the cost of labour and all materials. 876. Has not the price been increased by the desire of the Company to finish the road rapidly? — Yes, there is no doubt it has cost us a great deal more in con- sequence of that ; it is very difficult to separate the various causes which have produced it. 877. Have additional prices been given to the contractors for working at night? — Yes, unless it was necessary from their own fault, or that the delay had been occasioned by them. 878. Mr. Loch.] Are the shares in the Bill before Parliament to be offered to the holders of the present shares ? -They will be offered, in the first instance, to the holders of the present shares ; and we must rely upon our proprietors to take them, or they might be at a discount. 879. When you come to pay dividends, will the holders of these new half shares have a preference over the holders of original shares? — No, there is a special clause in the Act of Parliament to avoid the difficulty which has existed in another case, by which they will receive only upon the amount actually paid on the shares. 880. Then they will receive pari passu with the original shares? — Yes, in pro- portion to the sum paid. 881. There will be no prior claim ? — No. 882. Sir John Guest.] Has the cost of the land been increased as compared with the quantity required ? — Yes, it has very much increased. 883. To what extent? — In the country particularly it has increased (as com- pared with the estimate) ; I think, 70 per cent, over the estimate of country surveyors. 884. Sir Harry Verney.] (To Mr. Sims.) You have said that the expenses of the railway have been very considerably more than the estimate ; is it your opinion that if there had been Government engineers to furnish committees with information upon the subject of railways, any of those additional expenses might have been spared ? — I do not at present see how they could have been lessened by that course. 885. Do you think that if there had been a royal commission issued before you undertook your railway, any information they afforded might not have prevented some of the expenses? — They might possibly have prevented the progress of the work going on so quick and so have decreased the expense ; but I do not think there was any intormation then extant that was likely to be brought to bear upon the subject. 886. Sir John Guest.] Do you think the alterations you have made in the gra- dients have justified the additional expense ? — That is rather an engineering question; I am, individually, of opinion it has justified the expense. 887. Lord G. Somerset.] The alteration of the gradients would tend to decrease the expense of the locomotive power?— It would. 888. At all events, it would tend to the safety and convenience of the public? - As far as it affects those points, it would tend that w'ay, but I hardly see how it would affect the question of safety. 889. Mr. Lefevre.] If our gradients are particularly good ? — Yes; but I hardly see how the safety is affected by that. 890. Mr. Loch.] Do you happen to recollect the greatest gradient you have? — Barring the inclined planes, seven feet in a mile, four being the average of a very large portion. 891. Have you any stationary engine on your line? — On our inclined planes. 892. Mr. Greened] What is your gradient in those inclined planes ? — One in 105. 993 * ^ ou think it would be necessary to have a stationary engine upon it ? — Yes. 894. Sir Harry Verneyd] Where would that be? — There would be one at Wot- ton Bassett, and another at Box Tunnel. 895. Where is Box Tunnel? — On a range of hills about eight miles from Bath. 896. Mr. Loch.] You prefer working them by a stationary engine to having an g assistant- IV. U. Sim, Esq, and Mr. C. A. Saunders » •24 April 1839. 42 MINUTES OF EVIDENCE TAKEN BEFORE THE W. U. Sims, Esq. and Mr. C. A. Saunders. 24 April 1839. assistant-engine? — Yes; it is possible that water-power in both cases may be employed ; it may not be a steam-engine at all. 897. Lord Granville Somerset.] Do you make the same charge for passengers now as you did when you opened the railroad ? — (Mr. Saunders .) I think it is rather diminished than increased, but it is only a partial diminution; in most cases it is as nearly as possible the same. 898. To what extent is it within the powers of the Act of Parliament? — It is considerably within the power of the Act. — (Mr. Sims.) It is only the intermediate fares that have varied at all ; the fares of the whole length that is opened have not varied at all.— (Mr. Saunders.) Our average receipts are, as nearly as possible, 2 d. per mile for passengers, the fare including locomotive-power and the toll. 899. Has any attempt been made by any other party besides yourselves to put locomotive power or carriages on your railway ? — No. 900. Do you convey goods as carriers? — No. 901. No goods pass along your road ? — We carry a van for a person who has wished to have it carried, and should carry also for others if they should wish it, but the distance is so short at present it has not become an object with carriers. 902. To what degree of liability do you consider yourselves subject w-ith reg-ard to goods ? — The same as carriers in general ; we use the same precaution as car- riers are entitled to use in putting up a notice in the office, that unless parties bringing goods declare the value, and it exceeds 20 /., we shall not be liable for them, unless they specify it and pay insurance accordingly. 903. You put yourselves on the same footing as the proprietors of canals, or public carriages ? — Yes, except with regard to horses; we have taken the precau- tion of declaring that we are under no liability attaching to the conveyance of horses on the railway. 904. How do you get rid of your liability with regard to horses, if you are sub- ject to the liability with regard to other matters? — By special contract. 905. Do you conceive that you have a power to refuse to carry horses, or any goods whatever, except on your own terms ? — I apprehend with respect to anything of so much value and so variable in its value as a horse would be, and where it is so impossible to define what injury is sustained by the horse, or under what cir- cumstances, that it is open to us to declare by notice, that the Company will not be liable to it. 906. Suppose that you shall have the same opinion with regard to any other matter, do you conceive that you have the means of relieving yourselves from liability for injury ? — I think we should be liable to it under the Carriers’ Act, for there is a special clause on the subject of goods in our Act, but there is none with respect to horses. — (Mr. Sims.) You could not in a sitage-coach book an inside place for a horse. — (Mr. Saunders.) The owner of a ship in the same manner refuses all liability for a horse ; the horse may be worth 5 /., or 500 1., or 1,000/. 907. Mr. H. Baring.] Have you carried many horses ? — (Mr. Sims.) Yes, a good many. 908. Have you met with many accidents to horses ? — We have not. — (Mr. Saunders.) In the 169th clause of our first Act, which I believe applies more particularly to luggage, it says, “ Provided always, that nothing herein contained shall in any case extend or be deemed or construed to extend to charge or make liable the said company further or in any case than where according to the laws of this realm for the time being, stage-coach proprietors and common carriers would be liable, nor shall anything herein contained extend or be deemed or con- strued to extend in any degree to deprive the said company of any protection or privilege which either now or at any time hereafter common carriers or stage- coach proprietors have or may have, but the said company shall from time to time and at all times, have and be entitled to the benefit of every such protection and privilege.” That clearly recognises the company in the quality of carriers. 909. Lord G. Somerset .] Have you distinguished horses on the principle that common carriers would not be required to convey them ? — I conceive so, but I think it is open also to a carrier to make any contract with parties; the question is, under the Carriers’ Act, whether they would be liable, if not under a contract ; but it is open to a carrier ; and whenever a case arises, they make a special contract ; they would not carry gunpowder, nor many other articles, without a special con- tract with the party; and it is right it should be so, or it might be opening the door to great fraud, and public injury. 910. Have you made any difference with regard to gentlemen’s carriages? — No, for 43 SELECT COMMITTEE ON RAILWAYS. for we apprehend that the injury to a carriage, if sustained, would be by fault of w - U ‘ Esc i* the company, and we have paid in all cases of injury. — (Mr. Sims.) A vicious Mr .C. A. Saunders. horse may kick himself to death. 911. Do you apprehend that in case a horse received an injury in consequence 24 April 1839. of the neglect of your servants, previous notice would exonerate you from an action? — (Mr. Saunders.) I think it very likely that it would not; that we might come under the general law of the country ; that we are liable for the acts of our own servants; but the onus would be upon the party. — (Mr. Sims.) That would be a special liability from negligence. 912. Mr. H. Baring.'] Suppose a horse lost by the collision of two engines, how would that be ? — If it arose from wilful neglect on the part of the company’s servants, I apprehend nothing can relieve them from their liability. 913. Sir John Guest.] In any circumstance you would only be liable for wilful neglect? — (Mr. Saunders.) Yes; I apprehend we should, unless there was a special contract. 914. Mr. Greene.] Have you a copy of that special regulation with respect to horses ? — This is a copy of it; we require this notice to be signed by all persons bring- ing horses. “ The directors will not be answerable for damage done to any horses conveyed by this railway, although every precaution will be taken to insure their safe conveyance ;” the party puts his name at the bottom to prove he has had it shown to him. 915. Lord Stanley.] Suppose that I refused to put my name to that paper, should you refuse to take my horse ? — \es, we should ; the case has not, however, arisen of our refusing any horse. 916. Lord G. Somerset.] You apply that only to the case of horses? — Yes; it is possible an injury to a horse may arise from a circumstance not arising from the fault of the railway, but the horse itself. 917. Supposing an injury arises to that horse by a gross neglect on the part of your servants, you conceive you would be liable to a lair amount of damages lor that horse ; but if it arises from circumstances over which you have no control, you wmuld decline being called upon for compensation ? — Yes ; I think that a court of law might give it against the company, in case of gross neglect of the company. 918. Mr. Freshjield.] Or if there was uncertainty from what cause the accident happened, you would not consider yourselves liable to pay ? — No. — (Mr. Sims.) The value of horses is so very different; some are not worth more than 20/. and some worth 200 l. 919. Lord Granville Somerset .] Suppose they came to you, and asked you to pay them the 20 1.1 — (Mr. Saunders.) I think there would be no objection to letting parties insure their horses, but there would be an objection to carry horses at 12 s. each, and then to pay a large amount for damage.— -(Mr. Sims.) Suppose we had to take down all the horses to run for the Ascot Cup, and they received an injury, we should be ruined. 920. Lord Stanley.] Do you conceive that the Company, under their Act, have the power, although they have not done so, of giving a similar notice with regard to gentlemen’s carriages. — (Mr. Saunders.) I answer that at once by saying, I believe we have the power, and that the power exists in this way, we are not forced to carry gentlemen’s carriages or horses ; it is clear that we might break up every horse-box and every truck for gentlemen’s carriages, and refuse to carry them at all ; but I think it is so obviously the advantage of the company to take gentle- men’s carriages, on account of the passengers, it has never been contemplated for one moment putting a veto upon taking them ; the case, I conceive, can never arise. 921. Is there any provision in the Act of Parliament as to the amount you may fix for gentlemen’s carriages? — For toll there is. 922. For locomotive power ? — No. 923. Consequently you have the power, though it may be for your interest to carry gentlemen’s carriages, of putting a very exorbitant amount upon the carriage ? — (Mr. Sims.) The best safeguard upon all those cases is our own interest. 924. Do you think it would be for the advantage of the public, that other parties besides yourselves should be carriers on your line? — I believe it to be impossible that it should be done with security; that no two companies can work together on the same line without being attended with great danger. — (Mr. Sims.) Unless our own power was superseded ; it is a power that cannot rest in two hands. 925. Do not you think it essential that the power which exists under your Acts, of rival companies starting, if they can provide the means, and furnish locomotive 222. g 2 power,. 44 MINUTES OF EVIDENCE TAKEN BEFORE THE U ’anT’ Esq ' P 0Wer > should be abolished?— I think if there were any attempt to put it into force Mr.C.A. Saunders. t0 an - v ext ^* * would be necessary to apply for power to abolish that system on account of the danger. J 24 Apnl 1839. 926. You have a great power of preventing its being put into force, by the regu- lations you may make as to the sending trains, and so on ? — (Mr. Saunders) A nominal power; but it is subject to be controlled. 927. In the first place, your servants would none of them be obliged to crive assistance to other parties except by direction of your company ? No ° 928. In the next place, with respect to their engines, do you think you should be obliged to give them the means of working them ? — Certainly not 929. With regard to water, would you be obliged to supply any other parties but yourselves with water? — No, I think not. 1 . 930. Have you not under those circumstances the power of monopoly, though in the Act of Parliament there appears to be the means of introducing the vehicles for parties i — As far as those considerations go, I think they would tend to consti- tute a monopoly, but I do not think they might not be overcome. 931. Would not these circumstances, in effect, produce a monopoly ?— I think the prohibition is reduced to one point, which has been suggested, which is the danger which must accrue from it, and which was one of the inducements to the Ureat W estern Railway to alter the termination from the London and Birmingham to a separate terminus at Paddington. e ’ 932. You wished to avoid, in fact, going on the London and Birmingham line? 1 es, because it could not be done without very e^reat danger. 933. I hat induced you to lay out a larger sum than you intended, to have a terminus of your own /—That was one of the causes ; there was a difference of agreement, not as to money, it principally arose on points connected with the dif- feient stations, with regard to the position we should have in their terminus at Luston-square, and to the conditions on which we were to hold that terminus but the objections also affected the general question of runnincr on their line our gauge would not fit their rails, and the different periods at which the engines might come on their line, and the difference of speed, rendered it almost impossible to conduct the traffic with safety.— (Mr. Sims.) I believe the London and Birmincr- ham were quite as glad to get rid of us. 934. Sir John Guest.'] Might not the power you possess along your line, in re- spect of stations, and fixed engines, and servants on the road, enable you, ’if you thought fit, to exact a higher rate of toll than that fixed by Act of Parliament 9 — No. 935 - Supposing you were to say, we shall not take you unless you smn this paper agreeing to give us double the sum fixed by Act of Parliament,’ what°power would passengers have to counteract that operation ?— (Mr. Sims.) It would be an illegal contract at once; it would be a fraud. 936. Suppose you say, we do not choose to take you unless you wive us these terms r We could not sue the person for the money. 937. Suppose you say, if you will not pay us 1 /. for going to Maidenhead we will not carry you at all ?— (Mr. Saunders.) We cannot do that, I apprehend •’ we should be liable to actions. 938. Lord Granville Somerset.) With regard to your tolls, there was an alter- ation, by the 1 Victoria, of the tolls you might take by the 5 &6 Wm. 4. ? I think not any general alteration, except on the extension line into London, on which we take a fixed rate for running over any part. That does not affect the'old tolls on the line of railway. 939. What is the meaning that you attach to the words “ the said extended hue of railway, or any part thereof ”?— The title of the Act is to enable the Uieat Western Railway to extend the line of railway, and the power under the second clause is to extend the line from a certain part in the parish of Acton, in Middlesex, to Paddington; those tolls apply specially to that the county of extent only. - Those tolls may be added to the tolls you were entitled to take under the 5 6c 0 VV m. 4. ? — To any other part of the line. 941. lou. may charge for each passenger a sum not exceeding 3 1 d. a mile up to a certain point r — Up to Acton from Bristol. 942. So that the whole sum shall not be above how much The sum of 1 s. that is, excluding the locomotive power; but including it, the maximum from Acton to London, which is four miles and a half, we might charge, is 2 s. I was going SELECT COMMITTEE ON RAILWAYS. 45 going to state what our fares are, the average of the first class is 3 d. one-eighth ; the average of the second class close carriages, is 2 d. and one-eighth; and the average of the second class open, is 1 | d. ; taking the average of the whole, it is just 2 d. as nearly as possible ; we have four passengers of the second class to one of the first class. 943. Your first class carriages are very nearly up to your maximum ? — Three- pence and an eighth, instead of 3 \ d., which is the maximum. 944. Mr. Lock.'] What are the proportions of passengers you take in those three different classes of carriages ? — The proportion of the second class of passengers to the first, speaking now of the 10 months we have been open, has been three and and three-fourths to one. In the second class there is a division ; taking the close carriage, it is as three to four of the first class ; and taking the open, it Is as three to one of the first class. 945. Lord Granville Somerset!] You have the power under that Act to make bye-laws ? — Yes. 946. Among the bye-laws you have returned to Parliament, you state “ that if any passenger shall refuse to produce or deliver up his ticket when required so to do by the conductor, guard, or other attendant on the train, he shall be charo-e- able with the fare for the entire journey, and shall be subject to the penaltvW 40 s. ” ? — Yes ; that has been taken from the London and Birmingham Railway. 947. Suppose a party states that he has lost his ticket, or, in short, refuses to deliver it up, in what way would your servants proceed upon that declaration ? - — In our case, which is different from the London and Birmingham Railway, that case could scarcely arise, and for this reason, the tickets are all taken upon the Great Western Railway before the passengers go into the carriages; we find it very convenient to the public; everybody seems to like it, for it relieves them from all trouble of thinking about the tickets afterwards. 948. Mr. Loch.] Do you lock each carriage? — Yes, until every person gets in. 949. Lord Granville Somerset.] Do you lock them up as they go along? — -Yes, we must lock them up or we could not take the tickets as they get in. At Slouch it has happened to us to have 300 or 400 people all rushing at once to get into the carriages, and we should never get sight of a ticket if the carriages were left open ; Jt is a very good plan to lock up the carriages in going along, for we have not had a single accident upon the whole number of passengers carried by railway; and I have known instances in which accidents certainly would have happened "if the carriage-doors had been unlocked. 950. Lord Stanley.] When a carriage arrives at the station, is the door unlocked ? — Instantly there is a person at every door ; the persons hardly know that it is locked. 951. How long is it kept unlocked at the intermediate stations ?— Until all have got out, and then it is locked again ; if persons give their tickets they get in, and the doors are then locked. 952. Lord Granville Somerset.] Suppose a passenger wishes to get out for some occasion, that is permitted ?— Certainly ; we have different carriages for the persons travelling to particular places, and the carriages are opened as soon as they get to those places ; and as they get out, persons waiting there with tickets o-et into their places, and then the carriages are locked again. 953. Lord Stanley.] Supposing you were running 100 miles, you would let out passengers who were entitled to the whole distance at the intermediate stations ? A es , at Reading, loi instance, it any party wanted to get out, we should permit it, of course. 954. Suppose a person going to Slough wishes to get out at West Drayton, he is in a Slough carriage ? — If any person requested to be permitted to get out, it would be attended to immediately. 955 - Lord Granville Somerset.] Do you conceive your servants have any legal right to lay hold of an individual passenger who refuses to produce his ticket, suppose such a case should arise, and lock him up, or keep him in the custody of a constable, until he had been taken before a magistrate ? — We may, if he refuses his name ; there is a special clause in the Act which gives the power, unless he gives his name and residence. Clause 208 of the first Act : “ And be it further enacted, that it shall be lawful for any officer or agent of the said company, and all such persons as he shall call to his assistance, to seize and detain any person whose name and residence shall be unknown to such officer or agent, who shall commit any offence against this Act, and to convey him with all convenient des- -22. (■. t\ r.dt/'Ii tV. U. Situs, E; be made, a new railway will never be made. 1037. Mr Loch.] Is it not of great importance that the subscribers to a rail- way should know the full expense it is likely to cost? No doubt it is, and I think they should have power given them to know that when they subscribe to a rail- way ; but a great many subscribe to a railway without a conviction on their own mind that the sum stated will carry it into effect. 1038. Are there not others who feel they have been deceived, by a larger sum being found to be requisite ? — No doubt that it is with them as with pioprietois of canaTs ; if it is to be a speculative investment they must be subject to the profit and loss of the transaction, and must look into it. I think every proprietor of a railway is quite as competent to determine, from the general ratio of cost of other railways, whether the railway can be made for so much a mile or not. 1^39* If parties set out with the impression that this cost is not to be adheied to, are not persons living at a distance deceived to that extent ?— I think they are not deceived in any other wav but that in which all speculative subscriptions will render people liable to greater or less profit or loss ; if any case could be shown in which the directors or promoters of a railway held out fallacious esti- mates, with the knowledge that they were fallacious estimates, it would be ex- tremely wrong, and they would suffer very much in public estimation fiom that, but there are so many circumstances over which it is impossible that the promoteis of the Bill can have any control, they will be always subject to a great increase of expense, just as the man who builds a house may begin it on an estimate that it will cost so much, and may find, from various improvements,, that he will have a much larger sum to pay; I apprehend that in this country, where it is the policy to promote these public undertakings by means of private capital, it must be a speculative undertaking, and in that character they should be assisted rathei than impeded. 1040. Sir John Guest.] Does not it appear to you that the probability of gam by the speculation is reckoned by the expense it will occasion Y es. 1041. That estimate is taken as the ground of passing the Bill? Yes. 1042. If the public knew it would take four times the sum, of course that advantage is taken away ? — I think that is not the case, if 1 understand the point correctly; I may be very much mistaken : it is this; the care which Pailiament will take with respect to Bills before them is, that there is a sufficient means to go on with the undertaking. I apprehend it is not from the objection to spenuing four millions instead of two that Parliament would either grant or refuse the Bill, or give such powers to the company ; they require evidence to be adduced which shows the expediency of the measure ; it is not because a man speculates, and says, I will show you how you may get 20 per cent., that Parliament will give a Bill without the prospect of traffic ; on the contrary, it is a palpable advantage, as far as the public are concerned, having a great expenditure of money on such a work as a railway ; in the first place, the expenditure of the money is almost all in labour ; it is expended in the country, and comes round immediately after- wards in circulation ; first, it is paid in wages, and then immeoiately diffuses itselt through the various sources of public wealth ; independently of that, the greatei the expenditure of money the greater the convenience from the railway, and I am prepared to show that the railway system, even up to the present time, has scarcely given to the public all the advantages they ought to have, and are entitled to get from it, from the circumstance that sufficient money has not yet been ex- pended upon them, either in stations, or in sidings, or in crossings ; I think that the more money you expend in that way, the greater public advantage you render by the railway. 1043. You think it of no consequence, in a national point ot view, whether it gives a fair return? — I think, as regards the speculative part of the community, it does not much signify. I think it would be a great national disadvantage it you allowed the money which would be expended in making a railway beie to go to America, or any where else, for the same purpose, and be lost to the country ; but if it is actually expended in labour here, and by the expenditure on that rail- way, though the original speculator may be a sufferer, you produce a better railway, it is an increased source of wealth. 222. h 2 1044. Suppose tf r . U. Sims, Esq. and Mr. C.A. Saunders. 52 MINUTES OF EVIDENCE TAKEN BEFORE THE to hp 4 fir/ n?r P t 0Se ^ C °-f of . conve y ance fl 'om London to Birmingham by the canal i mode Of^nn per m .’.t n0t y0U COnCeive that il " ou]d be a " ^vantage if LThP l J7 anc ® c ? uld be P rovided at the rate of id. per ton per mile? 24 April 1839. more likelv to trina f ,>H S ’ that the rai,wa y which costs the most money will be not the ordinal * f ‘ °' vn . l .° 1 d \ - per t0 ° per mile ’ for eve O' bod y knows it is how can you lL n i° f 16 1 1,n - whlch "grates that. The simple question is, how can you gain the largest clear income for the company. Ve ry 4 c o nq!l e t cdy^ ’ ^ Mr * &ims.) How have your calls been answered?— 1046. Have you had any forfeited shares ?— Not one. !°?q’ Cfoiman-] \ ou have a Bill now before Parliament ?— We have. VOu^ath^Mmve^^ 11 d, William Reed. 1076. 26 April I8^q £ atl0n , t0 x tllim,1JCUL lui'iuer powers to raise money have the account with me by which I can give a positive answer, butY have a'very caneTfoTsoo^ooof ™ ' Wi “ C ° neCt il afte ™ ards ) that we had U ’ 7 l; !! ad >' ou '," a(lc use of your power to raise money upon loan ?— No | J™ Y0U , llad , bo ™'' ed no Part of the 330,000 1. that you were enabled to borrow upon loan ? — None at all at that time. J the’ Son 000? y °r raiSed mon , e y, b y an y anticipation of capital, or otherwise, beyond the 800,000/., when you applied for your second Act?— None whatever Act ?— Nomf y ° U made an} ' diVidend ^ the time tlmt y ° U applied f °r your second ioS! What was the reason then for applying for the further power of raising 400,000/. by an addition ot capital, and also for the further power of raisin? 130,000/. upon loan when you had only called for 80 per cent, of you? nginal capital, and had made use of none of your power to raise the 330.000/ which you were enabled to raise upon loan ?— The first motive for applying to in the" W 7 a ", T , B ’ ar ° Se ° Ut 0f a desire “> c ffec ‘ a deviation the line ot railway, for the purpose ot avoiding a very considerable tunnel t t r ng , at “| at , l 'r ne Ca ! led , up ’ and ina great degree expended, 800,000/.! he b , 7 s !h,e Ca f r f >a ’ n° m t ,e 1,1 the P rice botb ° f material and labour, wnnlH d r 1 ‘ m . mi!llon ’ and , the 33<>,ooo/. which we had power to borrow, would not be sufficient to complete the work, therefore, power was sou-ht for and ultimately obtained, to increase the capital ; but it was also stipulated in the "wf| C< B,l l’ that no c 0il sl 'uuld be made upon the new capital until six months alter the passing of the Act. 1082. Having obtained these additional powers, did you then proceed to call up ~We did Dder ° f the mi 100 that y ° U Were enabled t0 raise u »der your first Act ? „ J0U that bef ° re y0U Called up any of the ca P ital t ha t you were enabled to raise under your second Act ? — We did. J 1084 Did you make use of your power of borrowing upon loan, which you had c a p UaT d — No * 116 brSt Act ’ bef ° re y0U P roceed ed to call up any of your new f l t ° 85 ’ What P^Portion of your new capital have you called up ?— The whole 1086. And have you since raised any money upon loan, either under the one Act or under the otner ? — Yes. ioSj. How much .—The power given by the old Act to borrow upon loan was merged in the clause in the new Act ; and the sum that we were enabled to bor- 130 ooo S / ll tooetl Sed t0 460,000 wh,cb is the am °unt, adding 330,000 /. and 1088. Mr. Lefevre.~\ Making the two sums together about one-third of what you were to raise upon your shares?— A fraction less than one-third. 1089. Mr. Have you borrowed the whole of the 460,000 /. ? — No. 1090. V hat proportion ot it ? — We have borrowed 380,000 /. of it. 1 °^ 1 ’-i^ n y ° Ur 0 P bl i° n > is it likely that that portion which you have not yet bor- rowed will be adequate to the completion of your works ? — Yes. 1092. Will it be necessary to borrow the remainder of the 460,000/., do vou think ? — It will. ’ J 10 93 * ^ orc ^ Somerset .] Will you have the goodness to state what is the amount of each of the new shares ?— Perhaps I shall be able to convey it to your o .ship s mind better by stating the story in my own way. When we sought to o tain the amended Bill, whether from wrong information or from not understand- ing the Oiders ot the House, I do not know, but we went into Parliament without a subscription-deed for the new capital. Our Bill passed the House of Commons; ut v len we ai lived at the House of Lords we were told that we must produce a su sci lption-deed for the additional money that we sought to raise. Our original intention was merely to take a general power to raise 400,000/. amongst ourselves, omg it either by w'ay ot loan or by way of shares, as circumstances might point out as best tor the interests of the shareholders; but in order to comply with the interpretation which the House of Lords put upon their own Order, though J believe the Order was literally the same as the Order of the House of Communs, we SELECT COMMITTEE ON RAILWAYS. 55 we were obliged to produce a subscription-deed. At that time the shares in the Mr. William Reed. Southampton Railway were very much depreciated ; I think there was 35/. paid upon the 50 /. shares, for originally all consisted of 50 /. shares ; they were at 23 l. 26 A P ril l 8 39- discount; the shares that had 35/. paid on them were literally worth only 12 l.; to raise a capital at par, therefore, was quite out of the question ; no one would subscribe 50 l. for a 50 1 . share who could go into the market, and buy it and all its future liabilities for 27 /. ; we, therefore, proposed and succeeded in obtaining the capital in this manner, to divide the 400,000 /. into 16,000 shares of 25 /. eacht and give to the holders of those shares the same privilege, as to dividend, share for share, as the holders of the original 50 /. shares had, but at the same time giving to each shareholder a right to take shares of the new capital upon those terms, in proportion to the shares that he held at the time in the old capital. 1094. That is to say, if a person held 100 old shares, he might have 100 new shares? — There were 20,000 of the old shares, and 16,000 of the new, there- fore a person holding 100 had a right to take 80 of these new shares. The opera- tion with the original shareholder is this, that, if he had five shares of the original stock, he took four shares of the new stock, and, putting them together, his nomi- nal 50 /. shares stand him in 38 /. 1 1 I think that is the state of the case ; and no stranger whatever was let into that deed. 1095. Sir Harry Verney. J In what year was this? — 1837. 1096. Lord G. Somerset.] Then the fact is this: that all these new shares were taken by the old shareholders ? — Every one. 1097. Were they evenly distributed over the shareholders, or do you mean to say that some of the old shareholders transferred their right of taking the new shares to other parties ?— Some declined ; it was a nervous time; we had a good deal said that parties would never pay, and things of that sort ; but I think^ the holders of 17,000 shares out of the 20,000 took their proportion of the new shares. 1098. How were the remainder disposed of?— I have got here the resolutions of the general meeting under which those shares were issued. Perhaps it would be the most direct way of giving the information if I read those resolutions : “ At a special general meeting of the proprietors of the London and Southampton Railway, held pursuant to advertisement at the City of London Tavern, on Mon- day the 8th day of May 1837. The requisition of the Standing Orders* Com- mittee of the House ot Lords, to whom the Bill was referred for altering and amending this railway, as well as for raising an additional capital, having been considered, it was resolved unanimously, 4 That in order to comply with the said requisition 16,000 new shares of 25/. each be created, each share to be entitled to the same dividend as an original share of 50 L, giving to the holders of the origmal shares the option ot taking new shares in rateable proportion to the shares of which they are now registered proprietors; and in case the whole number of 16,000 shares are not so taken, then to offer the remainder to such registered proprietors of original shares as are disposed to take more than their rateable pro- portion ; and should any other remain, to offer such remainder to the public. 1 he subscribers for new shares who are registered proprietors of old shares not to be required to make any payment, or be subject to any calls whatsoever in respect of such new shares, until six months after the passing of the amended Act. 4 he subscribers for new shares, who are not registered proprietors of original shares, to pay as follows ; viz. 1 /. per share on subscribing the Parliamentary contract, 2 l. per share in two months after the passing of the amended Act, 2/. per share in four months after passing the amended Act. No transfer of any new shares, sub- scribed for by a registered proprietor of old shares, shall be made without the party subscribing the deed first paying the same sum as would at the time of such transfer have been paid or called in the case of a subscriber who is not a holder of original shares. I hat no application for new shares be received after Wednesday the 17th instant; but the parties to whom shares shall be allotted pursuant to their application tor the same, do sign the Parliamentary contract and subscribers’ agreement at such time as they are required by notice from the secretary; and any party neglecting or refusing to do so shall not afterwards be entitled to claim any.’ ” arbe ^° mmittee Wl1 observe that this contemplates a contingency that did not r~oW?;J hen ’ as 1 u " d f stand .y°“’ , ,his is lhe fact . that at the period when these resolutions were passed the original shares might be calculated at 27/. ?— Yes. H 4 1100. And 56 MINUTES OF EVIDENCE TAKEN BEFORE TIIE *" : WiWamR ‘ ,d - And you proposed, therefore, to give as a bonus to the new subscribers 26 April 1839. 1 ™ thcir iT/ 1 '?' 11 Ycs' le 'h *Mr" : bares t * )at t,lc original shareholders were to nave upon^tneir 27 l. 1 — Yes, what had cost them 50/. 1! 01 ’ But f) at tha ; mom ent the price in the market was 27 /., and you proposed the 27 Yes 6 25 ’ 1 6 S&me ani0unt of dlvlde nd as you proposed to give upon U02. Mr. Shaw Lefevre.] At the same time you gave to the old shareholders the offer of those new shares in the first instance ?-Yes ; and in feet the old shareholders were (he only parties who had them. rJcH 03 ’ Mr ; Fres W e/d l And y° u gave them the further advantage of not bein* ca led upon to make any payments as old proprietors for six months?— Yes* we calculated that the remaining calls upon the first million would be sufficient to enable us to carry our work on for six months. sumcient to 1104. Lord G Somerset.] You stated that shareholders holding 17 000 of the proportion ?-Yes. themSe VeS ° f ‘ h ‘ S P ro P osal t0 take U P the “tv shires in a certain 110 5 . How many of the new shares were taken by the holders of the 17 000 shares r— Seventeen-twentieths of the 400,000. me 17,000 1106. W hat remained were three parts out of the 20 ? Yes. it 07. By whom were those three parts out of the 20 taken ?— They were divided again, in proportion to the shares held by parties. * ly-loLt—YeT the hoIders of 17,000 shares ’ who had alreac, y taken the by^Z/n^^ ° r ” P r °P Mti0n 0f lhem - _^i« wLm?auTr- ] Was “ ,at at the time that «gi-r ? “. r : Shaw 1 believe Mr. Locke was your engineer when you proposed this new deviation to avoid the tunnel?— He was; he became our engineer just about that time. * uecame oui 1112. Mr. Loch.] Have you had much difficulty in getting payment of the seve- ral calls you have had to make ’-None whatever ^ 6 1 113. Have you had any forfeited shares ?-We have had, I think, a dozen or something of ti, at sort ; but we have never, in fact, forfeited any shares; we have talked ot it, but never done it. J ’ 1114- You have, in point of fact, no forfeited shares ?— No. not 1 ?— Yes he ^ ° f ^ ha§ ^ exceeded the original estimate, has it 1116. Under whit particuiar heads has the excess principally taken placer— 1 e land was estimated at somewhere about 90,000/. ; it has cost 260,000/. "’ 7 . 1 • wf 61 , 11 lo a J ur y? or did you make arrangements of your own wtth the parties ?-We have had very few jury cases ; only tao or three. 1118 . 1 OU found it, on the whole, more expedient to pay that larger sum than to go to a jury r-Y es ; the experience we had of juries did not teach us to regard them as being very favourable to us. ® rvJr 1 / 9 ’- ^uest.] Did that include the compensation paid to parties before passing of the Bill, in order to obtain their assent? — We did not pay any sum ^orassents ; there were two or three bargains made previously to the passing of the 1120. To a considerable amount? — Yes; I upwards of 20,000 /. 1121. To induce parties to give their assent to the Bill ?— That was perhaps implied rather than declared. peinaps 11 22. Mr. Zoc/i.] In the works themselves has there been a considerable excess ? 1 es, very considerable ; labour and material were certainly much lower in price w en the estimate tor this railroad was made than they are now, or than they were in the course of the proceeding of this work. J 1123. Making due allowance for the rise in the price of labour, do you think nr£j° n r ° n ?" al est '™ ates were P ro Perly and fairly made out, and the proper I ices allowed tor such labour ?— I should be sorry to say that anything was unfairly or impioperly m ade out by the professional gentleman who was employed; most assuredly the tact has not verified the prediction. 1124. What I meant by the question was this, not whether you think that he made that estimate for the purpose of doing what was wrong, but whether it was according: O think altogether amounting to SELECT COMMITTEE ON RAILWAYS. 57 according to the actual price of labour in the country at the time when the estimate was made ? — The Southampton Railway always had the reputation of being under estimated. 1 125. Mr. S. Lejevre.] \ ou spoke of a deviation just now to avoid a tunnel ; do you remember whether the cost of that deviation added considerably to the expense of the undertaking? — I do not think it did. 1 126. Mr. Loch.] Do you happen to recollect at what rate per cubic yard the cuttings and embankments were estimated? — Yes; they were estimated, I think, at a price that was under 6 d. a yard the average. 1127. What has it actually cost you?— Much nearer 15. 1 127*. Not exceeding u. ? — No. 1128. Sir John Guest.] How are the quantities of cutting and embankment compared with the estimate ? — The quantities have been reduced considerably below the estimate. 1129. Lord G. Somerset.] Will you have the goodness to state what your average lead was estimated at? — No, I cannot. I do not know that ever the lead was averaged upon the whole line. 1130. Was it not stated to the Committee before which your Bill was in 1834, what the leads were supposed to be ? — Yes, the leads in particular places ; but I do not think an average was taken of the lead for the whole line. 1131. What was the extreme lead ; do you remember? — I think we had a lead of from four to five miles. 1132. Did you practically take exactly the same line at St. George’s Hill as was proposed originally ? — No. 11 33 * What deviation did you make there? — Very little indeed ; I suppose it would not be a quarter of a mile ; it was on the hill side. 1134. Mr. Loch.] The amount of cutting was diminished considerably, was it not? — Yes ; of a cutting that was contemplated to be three millions and some odd thousands, we knocked oft' 3,000,000. 1 1 35 - Lord G. Somerset. j You found the Committee before whom you went take some interest as to the amount of cutting at St. George’s Hill?— Yes. 1136. Did they not detect an error of some considerable amount in the estimate of Mr. Giles upon that occasion.' — I here was an error in the estimate, but I believe it was a mere clerical error. 1137. Was there not an error acknowledged by Mr. Giles himself, to the amount of nearly a million cubic yards? — Yes; but I believe it was a clerical error. 1138. Mr. Loch.] Do you happen to recollect what is the total amount of the earth-work upon the Southampton Railroad ?— The earth-work has been very much reduced, as I have already given an instance of in one hill ; but I think it was 16 millions and a half of cubic yards when we were before Parliament. 1139. How much has it been diminished ? — I think it will be done with 1 1 millions. 1140. Mr. Shaw Lefevre.] Did you ever hear it compared with the quantity of earth-work on the Birmingham line ? — As far as my memory serves me we have rather more earth-work upon the Southampton line for 77 miles, than they have upon the Birmingham line for 112 miles. 1141. Mr. Loch.] But the material is more favourable upon the Southampton line, is it not? — Yes. 1142. Sir Harry Verney.] Did your original estimate include station-houses ? — There was a sum put down for those, but it was totally inadequate. ]1 43 - How much was it too small ? — I cannot state, but I should say that it was not one-fifth. 1144. Mr. Loch.] Experience has taught you that the public require much more accommodation than you were led at first to anticipate.' — Very much more ; I think I may safely say that in our London terminus there is nothing extravagant, and nothing done for display, but yet it has cost us a great deal more money than we had calculated for the whole of the stations. 1145. Sir Harry Verney J] The London terminus alone ? — Yes. 114b. But was the London terminus more expensive than the termini of rail- ways which were already made ? — I am not aware that the terminus of any rail- way, except the Liverpool and Manchester, had been made at that time. 1147. But it is not a more expensive terminus than the terminus of the Liver- pool and Manchester Railway, is it? — No. 1148. Sir John Guest.] Are the gradients of your line altered from those of 1 the Mr. William Heed. 26 April 1839. r »8 MINUTES OF EVIDENCE TAKEN BEFORE THE been in the gradients has 26 April 1839. Mr. William Reed, the original plan ? — Whatever alteration there has been an improvement in making them less steep. 1 149. There are no steeper gradients made by the second engineer, with a view to diminish the quantity of earth-work ?— None at all ; in fact we had a gradient from Southampton to the summit, 1 in 198 I think, and now we have nothing steeper than 1 in 250. 5 1150. Have you any deviations made upon the line to avoid cuttin" ?— Yes • there was a deviation made to the westward for a considerable distance to avoid’ the tunnel, and one of which I spoke just now, at Saint George’s Hill. 1151. Not with a view of diminishing the quantity of earth-work? No- the real object was to get rid of that feature in the line, that very long tunnel. 1152. Lord Granville Somerset. ] With regard to the estimate of 6d. per cubic yard for the earth-work, was it not at that moment notorious that the London and Birmingham were giving more than that? — Yes. 1 153. Was it not also notorious that other engineers, in supporting bills then before Parliament, were allowing a much larger amount per cubic yard°than 6 d. ? — Most assuredly it was. 1154. But still the directors were satisfied with Mr. Giles's estimate? Direc- tors of railways, in the beginning, have a great deal to learn, and it was certainly the case that a great deal of work was done at Mr. Giles’s estimate ; but we had a great many contingencies ; we could not get on with the work at the speed we wished. v n 55 - Mr . Shaw Lefevre.] Were there not certain witnesses who came before the Committee in the House of Commons, and stated that they were ready to undertake contracts at that amount? — Yes ; and did undertake them, and executed a very large number of cubic yards at that price. 1156. Lord Granville Somerset 7 \ Were there any done at a less price than 6d. ? —Yes ; we had a considerable quantity done at 5 J d., but we found rails and sleepers, and we were, in fact, in the hands of the men who had not the power to go on with the works with the speed which we required. 1157. Mr . S. Lefevre.] Were not those estimates calculated upon the under- standing that the company were to find rails ? — Yes, they were ; but I rather think that the expense and the loss which was sustained by finding materials for the contractors was not estimated at its real value. 1158. Sir John Guest. ] Are you aware that there is a great difference in the expense of cutting in different sorts of ground ; in clay and gravel for instance ? Yes. H59. Does not the price depend also upon the distance of the lead?— The price depends upon the filling and the lead. 1160. Do you know what the price of filling was, generally, exclusive of the lead, upon your line? — We did not divide it in that way. 1161. Perhaps you will know from recollecting what the contractors offered to do it at?— W"e give from 2d. to 5d, per yard. 1162-3. Then all the other expense depends upon the distance to which it is to be carried ? — 1164. If the soil had simply been taken out of the cuttings and placed at the side of the road, it would not have cost more than from 2d. to 5 a. a yard? It would not have cost more than that. 1165. And it is very possible that the engineer might have contemnlated put- ting the soil close to the cutting ?— At this place, in St. George’s Hilf, before we reduced the cutting, a very great proportion was to have gone to spoil close by, and I dare say, in that way, it could be done for $d. per yard. 1 166. ^ ou are aware that in all cases of railways if the stuff is taken to spoil, the price is reduced, in some cases more than one half? — No doubt. 1167. Mr. Loch.] What is the average rate of travelling upon the London and Southampton Railway r -We go 38 miles now: and with the trains which only stop at two places intermediate, we perforin the journey in times varving from an hour and 20 to an hour and 40 minutes. 1 168. Chairman.] Do you carry the mails at that rate ? — We do. 1169. Mr. S. Lefevre.] Is not the journey often performed with much greater speed than that? — Yes, but I am always afraid to say we will do it in less time ; in our arrangements with the Post-office, I like to have a little margin ; I see that we brought up a balloon in an hour and a quarter. 1170. Mr. Lech.] What is the regulation that your company have adopted as SELECT COMMITTEE ON RAILWAYS. 59 as to delivering and taking tickets from the passengers ? — Very nearly the same as is practised upon the London and Birmingham ; we deliver out a ticket and receive it either at the further end of the journey or nearly so. For instance, ingoing to Winchfield or Hartley-row, the tickets are collected for the down journey at Farnborough. In the same way in coming up to London, the train stops at Wands- worth, some three miles short of London, and the tickets are collected at the station there. 1171. Mr. Share Lejevre .] You collect your tickets at the last station previous to the terminus? — Yes. 1172. Mr. Loch .] And if a passenger stops at an intermediate station, his ticket is taken from him when he gets out? — That is so. 1 173. Supposing a passenger has lost his ticket, what course do you pursue r — We ask him to pay again. 1 174. Have you not assumed some power of taking him before a magistrate and enforcing a penalty of 40 in the event of his not being able to produce the ticket ? — We have never enforced such a power. 1 1 75. In what way do you conceive that you have the power of enacting such a bye-law? — We have assumed that we have the power, and we have enacted such a bye-law, but we have never acted upon it. 1176. Lord Granville Somerset.} Will you have the goodness to turn to the sections of the Act under which you conceive that you have the power to make such a bye-law? — Section 100 and section 179. 1177. By the first you have the power of making bye-laws, provided they be not in contradiction or be not repugnant to the general laws of the country? — Yes. 1178. Mr. Loch.] Are your bye-laws required to be approved of by any judge or by any court of quarter session? — No. 1179. Mr. Shaw Lefevre.] In the Bill now before the House, for making a branch railway from the London and Southampton Railway to Gosport, is there a clause obliging the company to submit their bye-laws to one of the judges of the land, or one of the courts of quarter sessions ? — Yes. 1180. Lord Granville Somerset.] Section 179 empowers the company to make orders and regulations for the passengers travelling by the railway ? — Yes. 1181. In section 100 an appeal is mentioned : “ All such bye-laws, rules, and orders, shall be subject to appeal in the manner hereinafter mentioned to what court is the appeal? — We have been so cautious as not to require any of those coercive measures, and I am not aware what the appeal is. 1 182. No appeal has, in fact, been made ? — No. 1 1 83. Had you not a case in which a party was taken into custody by one of your officers at the London terminus for being upon the premises, as was represented, improperly ? — Yes. 1 184. Under what section of your Act was that officer justified in acting in that manner ? — I apprehend he would have been justified even by the common law, for the individual knocked down the policeman. 1185. Was there not some previous attempt on the part of the policeman to take him into custody ? — No, not at all. 1186. Then it was simply as an assault that you took him? — I believe it was under the clause for obstructing the officer in the performance of his duty that I obtained a conviction against the gentleman ; we enforced no penalty ; but that of course has nothing to do with the power. 1187. How came you not to enforce the penalty? — The object was to show him that he was wrong, nothing more. 1188. The decision of the magistrate was in your favour? — Yes. 1 1 89. Was that accompanied by any opinion ? — The opinion that the defendant was wrong. 1190. The opinion of the magistrate was to the effect that the party had con- travened the law, and that therefore he must be convicted of such contravention of the law ; but was the judicial decision of the magistrate accompanied by any ob- servations upon the case, which induced the company not to exact the penalty which might legally have been exacted from him ? — No, I believe not; I happened to be the party representing the company upon that occasion, and I am quite certain that I was not moved in my determination not to press for the penalty bv any animadversion of the magistrate upon the case. 11 9 1 - Y ou say he knocked down one of your officers; if that had been the case, do you not think that the individual ought to have suffered whatever punish- 222. x 2 ment Mr. William Reed. 2C April 1839. 6o MINUTES OF EVIDENCE TAKEN BEFORE THE M r. William R eed, ment belonged to the transaction ?-I have myself always felt that it was better to =« April ,830 ness on^he 8 ' s? 0 ,^ Very “ R d; i ’ b< ?' leve we have had fewer cases of unpleasant- I felt tha, h ff Soutl am P'“ n Railway than some railways, less fortunate, have had. eJ that t uas desirable to establish this point: whether a person, representing himself to be who he might, or any number of persons (because I felt if we «ave premises°of 'j’ Stance we mus ! g‘ vl r wa y in aI 0. had a right to come upon* the premises ot the company against the express orders of the directors, upon their saying that they came to meet their triends. and fnr'a J hat f might be * •''"I %°° d reason for Prosecuting this individual nar lin f ° r * convlct,on before a magistrate ?-I must beg your Lordship’s paidon, we did not prosecute, we were put upon our defence. I? 1 , 93 - ln what wa y wen L you put upon your defence; what was the offence with uhich either you or your officers were charged ?— He was taken into custody, there- tore he must have been the defendant; he was told he was wrong by the magistrate and the case would have been dismissed. I was not there that day ; I happened o be at Southampton at the time ; but he insisted, or rather urged strongly for another hearing and pressed the magistrate to order the attendance of the railroad servants; and though he was certainly the defendant in the case, it turned out when I attended that we were rather put upon our defence than he; that was the way it was brought about. n 94. Against whom was the conviction ?— Against the gentleman himself; legally he was the defendant, but I felt that we had to sustain our character for modera- tion, and to prove that we were not vindictive persons. 1195. How did it appear that he had knocked down any man previously to personal violence having been offered to himself?— The facts were gone into when I was not there; that he did knock down the policeman I know; at least I heard the policeman swear it. 1196. Mr. Lock.] How did he happen to come upon the premises ; for what puipose . He said he came to meet his wife ; he insisted upon coming in at the gate ; the policeman told him that he was not allowed to permit any man'to enter • he said lie would enter, and the policeman repeated, “ You must not enter and toe gentleman then said, “ I will enter, and he pushed by the policeman, and he got into the yard ; the policeman, so far as my memory serves me, followed him, and attempted to remove him from the premises, perhaps forcibly ; and then, I think, the word the policeman made use of was, that a scuffle ensued and the policeman was knocked down. 1197- Do the police prevent gentlemen who expect their wives, or daughters, or sisters from going into your premises for the purpose of meeting them and con- ducting them home?— They prevent the public going, but there is always a dis- cretion given to the principal in the office ; when any case occurs of a respectable person washing to go in, he can always obtain leave of the principal book-keeper in the office. 1 1198. Lord G. Somerset.] Was not this individual sent from one person to the other in order to obtain permission to enter?— He was, and for this reason : it was at night, and the clerks in the booking-office, except a verv young man, bad all gone away ; there were no more trains' going out, and there was no one ’there who had the power to give him leave. At night the train, arriving with, perhaps, 1 00 passengers, and the luggage of too passengers, strewed about necessarily as it is taken horn the carriages, I do really think, it we were to suffer people great to go deal of obstruction and not a little in indiscriminately, we should find a pilferage. 1199. We are to understand that you think it was quite right that upon this Person coming to meet a female relative of his, it should be left to the discretion of a junior clerk whether or not he should be allowed to enter, in order to protect this temale relative on her arrival?— No, I have not said that that was quite rDht. 1 200. What do you mean to say is the regulation of the company with regard to persons meeting their friends at those stations ?— That they can apply at°the booking-office, and when there is an appearance thatjustifies the clerk in his judg- ment in allowing the person to enter, leave is given. 12ul - you think, previously to this gentleman making this scuffle, that he was or was not justified in his wish to meet his female relative on that occasion ? — ! do not know how we are to make out a justification for a man’s wishes; it was very natural that the gentleman should wish to enter in order to meet his wife. 1202. Mr. Freshfield.] Did it appear, in point of fact, in the course of the investigation, O T SELECT COMMITTEE ON RAILWAYS. 6 1 investigation, that he wished to enter the premises in order to meet his wife ? — I believe there was no proof of that ; but there was no reason to believe otherwise ; he was a very respectable man. 1203. Lord G. Sojne?'set.\ You state that the man was respectable, and that you have no reason to suppose that he was not going there for the purpose which he stated ; upon what ground was that individual refused access to your premises on that occasion ? — I do not think there was any ground for refusing him ; I do not think he was refused by the party who alone could give him leave to go; he came to the policeman ; the policeman’s orders are, to admit nobody ; he then went back to the office, and, on his return, said that he had got leave ; the policeman very well knew that he could not have it, because he must have it, if at all, in writing, or by the presence of the person giving the order, a verbal order would not have been sent by the party himself applying for it. l 204. But supposing a gentleman wishes to meet any relative coming by your trains at your London terminus, is it in the discretion of a common policeman, or a common clerk, to say, you are not a proper person to come upon these premises, and you shall not come ? — No, the policeman has no discretion at all ; his orders are to keep every body out. 1205. Without any exceptions? — Yes. 1206. How are those orders to be modified in practice, or are they to be strictly observed ? — I have said before that a party may apply at the office and obtain leave. 1207. Is it part of the duty of the policeman, if an attempt is made to get in, to inform the party wishing to get in by what means he may obtain leave ? — I do not think there is any specific order on the subject; it is perfectly well understood. 1208. Did, upon that occasion, the policeman give intelligence to this gentle- man, so as to put him in a proper way of getting that leave which you conceive he might have had ? — I believe he did. © 1209. Then what is the meaning of your statement, that in this case there was only a young clerk left ?— -Merely because young men are not so careful sometimes in their business as older men. 1210. Would the public have any remedy, supposing the railroad company established it as a rule that no individual should be allowed to come upon the premises to meet any passenger by the railroad r — No, 1 do not think that he would. 1211. Sir. J. Guest.] Would not that rule operate very much against your- selves, inasmuch as people would not come by your trains if they could not be met by their friends? — Y es, no doubt of it. 1212. Mr. S. JLefevre .] Do not you constantly admit parties upon the premises who come to meet their friends ? — Every day. 1213. Is it not the rule of the company to admit persons in those cases upon their applying at the office ? — YYs. 1214. Lord G . Somerset .] With this particular exception? — There was no in- tention to make this an exception. 1215. Have any orders been issued to your servants to remedy any mistakes which might have been made upon that occasion? — I should scarcely think that any orders have been issued to remedy that ; I believe it was a general understand- ing before that any respectable party should be allowed to go in. I believe this gentleman failed to apply when he said he had applied. 1216. On the other hand, he was not informed by what means he might get the leave that lie sought ? — He was informed, I have no doubt. 1217. Did that appear in evidence? — I believe it did. 1218. And that he understood the intimation? — I believe he did ; and he came back and said he had obtained leave. 1219. Do you mean to say that your officers have directions to give advice to parties how to obtain the necessary leave? — Yes. 1220. Can any one go upon the premises, either a servant expecting the arrival of his master, or a gentleman going to meet his wife, without leave from one of your clerks ? — No. 1221. Mr. FresJifield.] From your experience, are you of opinion that the indis- criminate admission of the public would be more inconvenient to the passengers than the instructions now issued by the directors ? — Y r es, very much more incon- venient. 22 2. 13 1222. Sir Mr. William Heed. 26 April 1839. 62 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. William Reed. 26 April 1839. 1222. Sir H. Ven,ey.-\ And entail greater danger with regard to the luggage? Yes; even now, notwithstanding all the regulations which we adopt, weocca- sionally lose some of the luggage. * 1223. Mr. H. Baring .] Are you aware of the regulations adopted by the Great Western Company, as to the tickets?— No, I am not. 1224. Mr. Loch.'] You do not lock up your passengers, do you?— No. 1 225. Mr.H. Baring.] Do not you consider it a convenient system that the pas- sengers should be obliged to produce their tickets at the end of their journey or shortly before the end of their journey ?— I do not know that it works inconveni- entiy. I should be very glad to adopt any plan that would work less inconveniently. 1220. liut you think that you would be open to much fraud if that system was not adopted :— Yes; and I apprehend that a great many regulations on rail- ways, and that lor one, is made as much for the protection of the passengers as of the company. r 6 1227 In what way do you consider that that is a protection to the passengers ? think it protects them from improper characters mixing with them, f hold that no man who wishes to practise a fraud can be a proper companion for persons ot honest intentions. 1 1 228. Do not you think that it would prevent fraud if the ticket was taken on their entering the carriage ?— No. 1 will endeavour to explain that: On the Southamp- ton Kailway we have in the first 38 miles no less than nine stopping-places. A person books himself at Nine Elms for Kingston, for which he pays* s. 6 d . ; the guard ot the train has no means of knowing whether he has a Kingston ticket until he delivers it up ; but if his ticket were taken from him at Nine Elms, he could go on to Hartley Row, and for his 1 *. 6 d. would have gone four times the distance tor which he paid the 15. 6 d. 1229. Would not you obviate that difficulty by having carriages exclusivelyset part tor the respective stations ?— It could not be done in that way, for we mi 1328. Have you any regulations for the examination of your engines before they take each trip ? — None. 1329. There is no inspection necessary ? — I think inspection is necessary, and inspection is had ; but we hold that the gentleman in charge of our locomotive engines is responsible, upon that responsibility which his reputation gives, that each engine goes out in a proper condition. 1330. There is no regulation laid down that every engine before it starts shall have been inspected in order to ascertain that it is in perfect condition ? — No, no printed regulation on that subject. 1331. Nothing beyond the general understanding that they shall be in good order ? — They are daily used, and if it was found that there was any inefficiency in our engine department, we should soon remedy it ; but we keep our time very well, and we have had the good fortune, or good management, to steer clear of accidents, and perhaps had as few disasters or damage as we could expect. 1332. What sort of fencing have you upon your line? — Post and rail for the present, and quicks are planted, except in very sterile lands, and there the\ T are furze. 1 333. Does not part of your railroad, previous to your arrival at Hartley Row, go through a very long tract of open land ? — Yes. 1334. What sort offence have you there? — Post and rail and furze. 1335. Is not your fence there on embankment for a certain distance ? — There is a considerable bank, with furze growing at the top of it. 1336. What is the height of that bank? — I do not know; I did not take the dimensions. 1337. Is there any ditch on the outside of the bank, so as to prevent cattle clambering up the bank and getting upon the railway ? — Yes. 1338. Do you mean to say that cattle turned out there could not climb over? — I have not inspected it ; I should be very much disappointed if I found it were so. 1339. Your railroad passes upon the level of several rights of way there, does it not? — Not several, I think. 1340. How many? — I believe there are only two or three instances on the whole line; I do not recollect that in that district there is more than one, that is near SELECT COMMITTEE ON RAILWAYS. 69 near Farnborough ; there was one near Lord Calthorpe’s, but a bridge has been Mr. IViUiam Reed, turned over the road there. — 1341 . Are there not gates put up across the railroad in some parts of that dis- 26 April 1839. trict ? — Yes. 1342. Has it ever happened for those gates to be shut and the engine to go through and burst them open? — Yes. 1343. In many instances? — No, I have heard of only one, I think. 1344. Do you think those gates are any protection to the public ? — None at all. 1345. Would it not be advantageous that they should be taken away? — I think not ; for this reason, that the gates should be so constructed that when the engines are likely to pass, they should fall back and form a fence to the railway ; and if I had influence enough I would recommend that in all future Acts of Par- liament it should not be stipulated that the gates should be across the railway, but across the highway ; it is quite ridiculous to talk of a gate across a railway. 1346. Would it not be desirable to let the public know by your bye-law when such a rule as that was made ? — We do it in those places every time an engine is likely to pass. 1347. Is that the business of your police ? — Yes. 1348. But you think there has been one, if not more, cases of a railway-engine going through a gate ? — Yes, I happen to know several, though not on the South- ampton line. 1349. Sir H. Verney .] Are not the gates so constructed that when they are not stretched across the railway, they do in fact fence off the road? — Yes. 1350. So that they do form a fence ? — Yes ; but then the Act of Parliament is against that. 1351. Mr. Zoc/o] You are now applying to Parliament for power to extend your railway to Gosport ? — Yes. 1352. What additional capital do you propose to raise under the Bill that is now before the House? — £. 300,000. in shares. 1353. What extent of money do you propose to borrow ? — £. 100,000. 1354. That will make your capital 1,700,000/., and your power of borrowing 560,000 1. ? — Yes. 1355. Mr. Shaw Lefevre.] How much of that 300,000 /. is subscribed for? — The whole of it. 1356. Mr. Loch.] Do you take any power to convert the money that is to be borrowed on loan into capital ? — No. 1 3 5 7 . Mr. C. S. Lefevre.] Your railroad to Southampton is nearly completed, is it not? — Yes. 1358. Do you expect that it will be opened by May 1840? — Yes. 1359. It is therefore quite possible to calculate ail the expenses up from this time to the opening of the railroad ? — Yes. 1360. And you have no doubt whatever that you will be able to complete the road within the time that you have named to the Committee ? — None at all. 1361. Mr. Freshfield.] Have you books at the different station-houses in which the public can enter complaints ? — No. 1362. None at your principal station ? — No. 1363. Chairman.] Would you sooner have your Bill delayed till this Committee closed its inquiry, or allow this clause to be inserted in it ( the clause was handed to the Witness') ? — I think if this clause were meant to preclude us from being heard against any clauses which might be proposed, we had better wait for the certainty than take the chance of what might be inflicted upon us ; but it is a very great inconvenience in our particular case, the waiting ; we have an object in view ; we have the money to accomplish that object, and the means of every sort, and we are very anxious to get on with the work. 1364. Mr. Freshjield.] You are to understand that the regulation would be general; applied to all railroad companies? — Yes; but if submitting to the in- sertion of this clause would prevent 11s from being heard against any proposed legislation upon the matter, I think we should be rather making a blind bargain. 1365. Mr. Loch.] In what way would you wish to be heard ? — Before a Com- mittee of the House, if the House would constitute themselves in that way, or whatever tribunal the House might think proper to appoint. 1366. Then upon the whole you would rather prefer that your Bill was stopped for the session ? — No, not for the session ; that is a matter w’e do not contemplate ; we feel that we have an honest purpose, and that we ought not be delayed. 222. k 3 1 367. That 70 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. JVilliam Reed . 26 April 1839. 1367. 1 hat Iras been submitted and agreed to by some of the other leading 1 ail ways r— I dare say that there is more wisdom in those companies than I possess^- 1 merely give my individual opinion ; the delaying us for a session is a very appallin* ihing ; the I ortsmouth trade forms a very considerable item in our estimate of the revenue ; but the Portsmouth trade quits us at 23 or 31 miles from London, and by the aid of that Bill we shall take it the whole length of the railway. Now to deiei that for a year, is to ask us to give up a large sum of money which we think we ought to earn ; and, also, withholding from the public the accommodation which they ought to possess. 1368. Mr. H. Baring .] Where does your branch begin ?— At BishoDStoke 1369. Mr, S. Lefevre.} Then you would rather take that clause witMhe under- standing that the Bill should go on in the present session, than allow it to stand over to the next session to wait for any other clauses which the House would intro- duce r — Yes. 1 37 °* ^ ould you have any objection to furnish a return similar to that (a return was handed to the Witness')} — Not at all. 1 37 1 - Sir H. Verney.\ Will you at the same time give the average of the first class trains, and the average of the second class trains ? — Certainly. 1372. Chairman .] You say that you convey the mails; have you any arrange- ment with the Post-office r — We have, but it is a very imperfect one. We said that we would take the mails for anything, we did not care for what we took them ior, if it was only to give us a little experience in the matter; a very small sum was named. } 373 - What is the sum named?— We take the three mails up and down for, I think, 6/. a day. It costs us a great deal more than that, because we get no pas- sengers at that time in the mornings ] 374. Lord G. Somerset .] When you complete your whole distance the time will not be so objectionable, will it?— The arrival of the mails in London, on our line, involves a very inconvenient hour for departure. Trains upon railroads that will occupy something near 12 hours in the journey, will be able to take mails at a much less price. 1375- ^ ou now get some passengers r — Yes, the mail-passengers we get; but we do not get any other passengers. 137O. And hereafter you contemplate leaving Southampton at 12 o’clock at night r Much later than that ; we shall perform the journey in three hours and a half, certainly. 1 3 7 7 • Sir H. J erney.) How many miles? — Seventy-six miles. APPENDIX. SELECT COMMITTEE ON RAILWAYS. 7i APPENDIX. — Appendix, No. 1 . — A RETURN 01 all Monies to be raised under the Sanction of the Acts whereby Railroad Companies have been incorporated, between the 1st day ot January 1826 and the 1st day of January 1839; distinguishing the Sums to be raised as Principal from the Sums to be raised by Loan or Mortgage; and stating the several Acts under which the said several Sums are to be raised. Name of Company. Arbroath and Forfar Avon and Gloucestershire - Aylesbury - Ballochney Belfast and Cavehill - Birmingham and Derby Junction - Birmingham and Gloucester Birmingham, Bristol, and Thames Junction. Bishop Auckland and Weardale - Blaydon, Gateshead, and Hebburn Bodmin and Wadebridge Bolton and Leigh Bolton and Preston Brandling Junction Bridgend - Bristol and Exeter Act. Royal Assent. | i Capital in Joint Stock. By Loan. Total. 6 Will. 4, c. 34, s. 6. 78 19 May 1836 1 £. 70,000 £. 35 ,ooo £. 105,000 9 Geo. 4, c. g4, s. 40. 45 1 & 2 Will. 4, c. 12, s. 8 19 June 1828 30 July 1831 21,000 10.000 15.000 31.000 15.000 21,000 25,000 46,000 6 Will. 4, c.37, s. 3. 172 19 May 1836 50,000 16,000 66,000 7 Geo. 4, c. 48, s. 27. 32 5 & 6 Will. 4, c. 97, s. 1 5 May 1826 21 Aug. 1835 18,431 ) 0,000 10,000 •■28,431 10,000 18,431 20,000 38,431 2 Will. 4, c. 35, s. 54. 63 5 & 6 W.4, c. 112, s.24.27 9 April 1832 9 Sept. 1835 7 , 5 oo 26,000 2,500 2,700 10,000 28,700 33 , 5 oo 5,200 38,700 6 Will. 4, c. 35, s. 3. 200 6 W. 4, c. 14, s. 108. 131 6 Will. 4, c. 79, s. 3. 139 19 May 1836 22 April 1836 21 June 1836 630.000 950.000 150.000 200,000 316,666 50,000 830.000 1,266,666 200.000 1 Vic. c. 122, s. 54. 80 - 4 Will. 4, c. 26, s. 53. 61 15 July 1837 22 May 1834 72.000 60.000 24.000 20.000 96.000 80.000 2 Will. 4, c. 47, s. 62. 69 5 & 6 Will. 4, c. 93, s. 2 23 May 1832 30 July 1835 22,500 8.000 5.000 30,500 5,000 22,500 13,000 35,500 9 Geo. 4, c. 8, s. 2 1 & 2 Will. 4, c. 11, s. 24 6 Will. 4, c. 52, s. 8 26 Mar. 1828 30 July 1831 20 May 1836 25,000 (additional.) 16,500 (additional.) 25.000 60.000 25,000 41,500 '60,000 41,500 85,000 1 126,500 1 Vic. c. 121, s. 136. 160 15 July 1837 380,000 126,500 506,500 6 Will. 4, c. 57, s. 5.119 1 Vic. c. 22, s. 1 - 7 June 1836 1 1 June 1838 110.000 190.000 36,000 146.000 190.000 300,000 36,000 336,000 9 Geo. 4, c.92, s, 39. 44 6 Will. 4, c. 36, s. 3, 247 19 June 1828 19 May 1836 6,000 1,500,000 4,000 500,000 10,000 2,000,000 ( continued ) K 4 222, 72 ] APPENDIX TO REPORT FROM THE Name of Company. Act. Royal Assent. Capital in Joint Stock. By Loan. Total. £. £. £. Bristol and Gloucestershire - - 9 Geo. 4, c. 93, s. 46. 58 19 June 1828 45,000 12 ,CCO 57,000 4 Will. 4, c. 2, s. 2 26 May 1834 20,000 - 20,000 65,000 12,000 77,000 Canterbury and Whitstable - 8 Geo. 4, c. 1 1, s. 15 - 2 Aprii 1827 19,000 19,000 (additional.) 9 Geo. 4, c. 29, s, 3 - 9 May 1 828 21,000 ... 21,000 (additional.) 5 & 6 Will. 4, c.82, s. 29 21 July 1835 " “ " 40,000 40,000 t 40,000 40,000 80,000 Carmarthenshire 4 Will. 4, c. 70, s. 2 - 27 June 1834 12,000 6,000 18,000 (additional.) Cheltenham and Great Westei n 6 Will. 4, c. 77, s. 3. 153 21 June 1836 750,000 250,000 1,000,000 Union. Chester and Birkenhead . 1 Vic. c. 107, s. 96. 118 12 July 1837 250,000 80,333 330,333 Chester and Crewe - 1 Vic. c. 63, s. 101. 123 30 June 1837 250,000 83,333 333,333 Clarence - 9 Geo. 4, c. 61, s. 34. 38 23 May 1828 100,000 60,000 160,000 10 Geo. 4, c. 10G, s. 17 1 June 1829 100,000 - 100,000 2 Will. 4, c. 25, s. 2 3 April 1832 100,000 - 100,000 3 Will. 4, c. 4, s. to 29 Mar. 1833 60,000 - - - 60,000 3 Will. 4, c. 95, s. 8 - 18 June 1833 20,000 - 20,000 1 Vic. c. 103, s. 2 12 July 1837 60,000 - 60,000 440,000 60,000 500,000 Coleorton - 3 Will. 4, c. 71, s. 4. 14 10 June 1833 25,000 6,000 31,000 Commercial - . 6 & 7 W. 4, c.123, s. 3.209 28 July 1836 600,000 200,000 800,000 Cork and Passage . 1 Vic. c. 108, s. 8G. 107 12 July 1837 200,000 66,000 266,000 Deptford Pier Junction - 6 Will. 4, c. G3, s. 4. 1 19 21 June 1836 60,000 20,000 80,000 Dublin and Drogheda - 6 & 7 Will. 4, c. 132, s. 3. 201 13 Aug. 1836 600,000 200,000 CO 0 0 0 0 0 Dublin and Kingstown - 1 & 2 Will. 4, c. 69, s. 66. 75 6 Sept. 1 831 200,000 70,000 270,000 Duffryn Llynvie and Porthcawl - 10 Geo. 4, c. 38 - 14 May 1829 - 12,000 12,000 (additional.) Dulais - - 7 Geo. 4, c. 102, s. 45. 80 26' May 1826 10,000 4,000 14,000 Dundalk W estern - 1 Vic. c. 96, s. 70 3 July 1837 100,000 - 100,000 Dundee and Arbroath - 6 Will. 4, c. 32, s. 50. 58 19 May 1836 100,000 40,000 140,000 Dundee and Newtyle - . 7 Geo. 4, c. 101, s.3t. 36 26 May 1826 30,000 10,000 40,000 . 1 1 Geo. 4, c. 60, s. 2. 5 29 May 1830 10,000 20,000 30,000 G & 7 Will. 4, c. 102, s. 2 4 July 1836 100,000 1 00,000 1 40,000 30,000 1 70,000 Durham and Sunderland 4 & 5 Will. 4, c.96, s. 15 13 Aug. 1834 102,000 „ m . 102,000 1 Vic. c. 67, s. 40, 41 - 30 June 1837 90,000 64,000 154,000 192,000 64,000 256,000 Durham Junction 4 Will. 4, c. 57, s. 59.67 16 June 1834 80,000 34,000 1 14,000 1 Vic. c. 97, s. 9 - 3 July 1837 12,000 4,000 16,000 92,000 38,000 130,000 Eastern Counties - 6& 7 Will.4, 0.106,5.3.246 4 July 1836 1,600,000 533,333 2,133,333 Edinburgh and Dalkeith 7 Geo 4, c. 98, s.54 - 26 May 1826 70,125 70,125 4 & 5 Will. 4, c. 71, s. 9 27 June 1 834 $,053 - 8,053 10 Geo, 4, c. 122, s. 3 - 4 June 1829 54^75 - 54,875 133,053 - 133,053 Edinburgh and Glasgow 1 &2 Vic.C.58, S. 121. I43 4 July 1838 900,000 300,000 1,200,000 Edinburgh, Leith, and Newhaven 6& 7 Will.4, 0.131, s- 44- 73 13 Aug. 1836 100,000 40,000 140,000 Exeter and Creciton - 2 Will. 4, c.93, s. 55. G4 23 June 1832 35,ooo 12,000 47,000 SELECT COMMITTEE ON RAILWAYS. 73 Name of Company. Act. Royal Assent. Capital in Joint Stock. By Loan. Total. £. £. £. Festiniog ... - - 2 Will. 4, c. 48, s. 51. 58 23 May 1832 24,185 10,000 34,185 1 & 2 Vic. c. 80, s. 2 - 27 July 1838 12,000 12,000 36,185 10,000 46,185 Forest of Dean - - 7 Geo. 4, c. 47, s. 24 - 5 May 1826 125,000 - 1 25,000 Garnkirk and Glasgow 7 Geo. 4, c. 103, s. 27 26 May 1826 28,497 28,497 8 Geo. 4, c. 88, s. 8 14 June 1827 9 , 35 ° - 9,350 1 1 Geo. 4, c. 125, s. 2 7 June 1830 - 21,150 21,150 1 & 2 Vic. c. 60, s. 1 - 4 July 1838 89,198 - 89,198 127,045 21,150 148,195 Glasgow, Paisle\ r , and Greenock m 1 Vic. c. 1 16, s. 104. 128 15 July 1837 400,000 133)333 533,333 Glasgow, Paisley, Kilmarnock, and 1 Vic. c. 1 17, s. 104. 126 15 July 1837 625,000 208,300 833,300 Ayr. Grand Junction - - 3 Will. 4, c.34,s. 106. 113 6 May 1833 l ,040,000 346,000 1,386,000 4 Will. 4, c. 55, s. 27 - 16 June 1834 ■ 520,000 520,000 1,040,000 866,000 1,906,000 Great Leinster and Munster 1 Vic. c. 104, s. 79. 100 12 July 1837 800,000 265,000 1,065,000 Great North of England - 6 & 7 Will. 4 ,c. 1 0.7, s. 3 - 198 4 July 1836 1,000,000 150,000 1,150,000 Great North of England - Clarence and Hartlepool Junction/ 1 Vic. c. 95, s. 51. 72 - 3 July 1837 5 2,500 17,500 70,000 Great Western - - 5 & 6 Will. 4 ,c.i 07 ,s. 3.237 31 Aug. 1835 2,500,000 833.333 3 , 333,333 Hayle - - - r 4 W ill. 4, c. 68, s. 50. 60 27 June 1834 64,000 16,000 80,000 Heckbridge and Wentbridge _ 7 Geo. 4,0.46, s. 57. 66 5 May 1826 11,300 2,800 14,100 8 Geo. 4, c. 20, s. 6 12 Apr. 1827 7,600 - 7,600 18,900 2,800 21,700 Hereford - 7 Geo. 4, c. too, s.39. 44 26 May 1826 23,000 12,000 35,ooo Hull and Selby - - 6 Will. 4, c. 80, s. 3. 199 21 June 1836 400,000 133,333 533,333 Kenyon and Leigh - 10 Geo. 4, c. 36, s. 57. 65 14 May 1 829 25,000 6,250 31.250 Kilmarnock and Troon - 1 Vic. c. 105, s. 2 12 July 1837 40,000 - 40,000 (additional.) Lancaster and Preston - 7 Will. 4, c. 22, s. 102. 124 5 May 1837 250,000 83,000 333 ,ooo Leeds and Selby 11 Geo. 4, c. 59, s. 59. 69 29 May 1 830 % 210,000 90,000 300,000 5 Will. 4, c. 57, s. 16 - 3 July 1835 40,000 40,000 2 1 0,000 130,000 340,000 Leicester and Swannington - 1 1 Geo. 4, c. 58, s. 4. 14 29 May 1830 90,000 20,000 110,000 3 Will. 4, c. 69, s. 24. 26 10 June 1833 10,000 1 5,000 25.000 1 Vic. c. 66, s. 2 - 30 June 1837 40,000 - 40,000 140,000 35 ,ooo 1 75 000 Limerick and Waterford - 7 Geo. 4, c. 139, s. 49. 57 31 May 1826 350,000 250,000 600,000 Llanelly Railway and Dock • 7 Geo. 4, c. 91, s. 3. 5 - 19 June 1828 14,000 6,000 20,000 5 & 6 Will. 4, c. 96, s. 67 21 Aug. 1835 200,000 50,000 250,000 214,000 56,000 270,000 Liverpool and Manchester - 7 Geo. 4, c. 49, s. 75. 85 5 May 1826 510,000 127,500 637,500 8 Geo. 4, c. 21, s. 3 12 Apr. 1827 - 100,000 100,000 10 Geo. 4, c. 35, s. 28 - 14 May 1 829 127,500 - 127,500 2 Will. 4, c. 46, s. 20 - 23 May 1832 - 200,000 200,000 7 Will. 4, c. 27, s. 2 5 May 1837 - 400,000 400,000 637,500 827,500 1 ,465,000 222 . L {continued) 74 APPENDIX TO REPORT FROM THE Name of Company. Act. Royal Assent. Capital in Joint Stock. By Loan. Total. London and Birmingham 3 Will. 4, c. 3 6, s. 3. 237 6 May 1833 £. 2,500,000 835,000 3 , 335 ,ooo 5 Will. 4, c. 56, s. 115 - 3 July 1835 - 165,000 165,000 1 Vic. c. 64, s. 2 30 June 1837 - - - 1,000,000 1,000,000 2,500,000 2,000,000 4,500,000 London and Brighton - - 1 Vic. c. 119, s. 136. 160 i 5 Julyi 837 1 ,800,000 600,000 2,400,000 London and Croydon - . 5 Will. 4, c. 10, s. 3. 190 12 June 1835 140,000 45,000 185,000 6 & 7 Will. 4, c. 121, s. 6 14 July 1836 100,000 - 100,000 1 Vic. c. 20, s. 34, 35 - 1 1 June 1 838 160,000 1 30,000 290,000 400,000 175,000 575,000 London and Greenwich . 3 Will. 4, c. 46, s. 93. gy 17 May 1833 400,000 133,333 533,333 7 Will. 4, c. 50, s. 2, 3 - 8 June 1837 150,000 50,000 200,000 550,000 183,333 733,333 London and Southampton 4 & 5 W . 4, c. 88, s. 3.141 25 July 1834 1,000,000 330,000 i,330,ooo 1 Vic. c. 71, s. 67. 74 - 30 June 1837 400,000 130,000 530,000 1,400,000 460,000 1,860,000 London Grand Junction 6&7 W. 4, c. 104,5.3.228 4 July 1836 600,000 200,000 800,000 Manchester and Birmingham - 1 Vic. c. 69, s. 164. 189 30 June 1837 2,100,000 700,000 2,800,000 Manchester and Leeds - 6&7W.4,c.ni,s.i70. 191 4 July 1836 1,300,000 433 ,ooo i, 733 ,ooo Manchester and Oidham - 7 Geo. 4, c. 99, s.46. 55 26 May 1826 75,000 20,000 95,000 Manchester, Bolton, and Bury 1 & 2 W. 4, c. 60, s. 12 23 Aug. 1831 204,000 - . • 204,000 2 Will. 4, c. 59, s. 31 - 1 June 1832 - 46,000 46,000 5 Will. 4, c. 30, s. 6 - 17 June 1835 350,000 - 250,000 1 Vic. c. 25, s. 2 - 11 June 1838 150,000 150,000 454,000 196,000 650,000 Maryport and Carlisle 1 Vic. c. 101, s. 89. 111 6 Will. 4, c. 78, s. 3. 246 12 July 1837 180,000 60,000 240,000 Midland Counties - 21 June 1836 1,000,000 333 ,ooo i, 333 ,ooo Monkland and Kirkintilloch - 3 Will. 4, c. 1 14, s. 16 - 24 July 1833 20,000 ... 20,000 (additional.) Nantle .... 8 Geo. 4, c. 3, s. 2 21 Mar. 1827 20,000 (additional.) 20,000 Newcastle-upon-Tyne and Carlisle 10 Geo. 4, c. 72, s. 53. 61 22 May 1829 300,000 100,000 400,000 2 Will. 4, c. 92. s. 3 23 June 1832 - 100,000 100,000 5 Will. 4, c. 31. s. 6 - 17 June 1835 150,000 - 150,000 l Vic. c. 23, s. 2 - 1 1 June 1838 100,000 100,000 45 °, 000 300,000 750,000 Newcastle-upon-Tyne and North 6 Will. 4, c. 76, s. 60. 68 21 June 1836 120,000 40,000 160,000 OUlClUd* Newtyle and Coupar Angus 5&6 W.4, c.84, s.38.43 21 July 1835 15,200 5,000 20,200 1 & 2 Vic. c. 61, s. 2. - 4 July 1838 15,000 - 15,000 30,200 5,000 35,200 Newtyle and Glammiss . 5&6W.4C. 92, s. 37.42 30 July 1835 20,000 6,600 26,600 Northern and Eastern - - 6&7W.4, c. 103, s. 3. 192 4 July 1836 1,200,000 400,000 1,600,000 North Midland - - 6&7W-4,c.io7,s. 3. 222 4 July 1836 1,500,000 500,000 2,000,000 Paisley and Renfrew - - 5&6 W.4, c. 85, s. 43.71 21 July 1835 23,000 1 o,oco 33,000 Polloc and Govan 1 1 Geo. 4, c. 62, s. 29. 38 29 May 1830 10,000 5,000 15,000 1&2W.C. 58,$. 16, 17 - 23 Aug. 1831 36,000 15,000 51,000 46,000 20,000 66,000 Preston and Longridge 6&7 W.4.C. 122,8.3.128 14 July 1836 30,000 10,000 40,000 Preston and Wigan i Will. 4, c, 56, s. 70. 78 22 April 1831 250,000 83,000 333 ,ooo SELECT COMMITTEE ON RAILWAYS. 75 Act. Royal Capital in By Loan- Total. Name of Company. Assent. Ioint Stock. £. £. £. Preston and Wyre - Rutherglen - 5 Will. 4, c. 58, s. 3. 119 1 & 2 W. 4, c. 35, s. 35. 59 3 July 1835 2 Aug. 1831 130,000 15,000 40,000 5,000 170,000 20,000 St. Helen’s and Runcorn Gap 11 Geo. 4, c. 61, s. 67.75 4 Will. 4, c. 3, s. 2 29 May 1 830 26 Mar. 1834 120,000 30.000 40.000 150,000 40,000 1 Vic. c. 2 1 , s. 2 - 11 June 1838 30,000 - - - 30,000 150,000 70,000 220,000 Saundersfoot - Sheffield and Manchester Sheffield and Rotherham Sheffield, Ashton-under-Lyne, and 10 G. 4, c. 108, s. 42. 48 1&2 W.4,c.59. s -93-i 01 6&7 W.4, c. 109, s. 67. 75 7 W. 4, C. 21, S. 108. 130 1 June 1829 23 Aug. 1831 4 July 1836 5 May 1837 17>5°° 530.000 100.000 700,000 8,000 176.000 30,000 233.000 25,500 706.000 130.000 933.000 Manchester. Slamannan - 5 Will. 4, c. 55. s. 27. 32 1 Vic. c. 94, s. 14 3 July 1835 3 July 1837 86,000 2g,ooo 20,000 106,000 29,000 115,000 20,000 135,000 South Eastern Stockton and Darlington 6 Will. 4, c.75, s. 3- 208 9 Geo. 4, c. 60, s. 22 - 21 June 1836 23 May 1828 1,400,000 100,000 (additional.) 450,000 1,850,000 100,000 Stratford and Moreton Taff Vale - Taw Vale (Railway and Dock) Thames Haven - Ulster - 3 Will. 4, c. 70, s. 14 - 6 Will. 4, c. 82, s. 3- 198 l & 2 Vic. c. 27, s. 63. 85 6&7 W.4,c. 108,3.3.147 6 Will. 4, c. 33, s.70. 77 10 June 1833 21 June 1836 1 1 June 1838 4 July 1836 1 9 May 1836 300.000 15,000 450.000 600.000 10,000 100.000 5,000 150.000 200.000 10.000 400.000 20.000 600.000 800.000 Warrington and Newton 10 Geo. 4, c. 37, s. 52.62 11 Geo. 4, c. 57, s. 9 - 14 May 1829 29 May 1830 53,000 20,000 20,000 73.000 20.000 53,000 40,000 93,000 Whitby and Pickering - 3 Will. 4, c. 35, s. 3. 167 7 Will. 4, c. 25, s. 2 6 May 1833 5 May 1837 80.000 30.000 25,000 105,000 30,000 1 10,000 25,000 135,000 Wigan Branch - Wishaw and Coltness - York and North Midland 11 Geo. 4, c. 56, s. 69. 77 10 Geo. 4, c. 107,5.30.35 6 Will. 4, c. 81, s. 3. 179 29 May 1830 1 June 1829 21 June 1 836 70.000 60.000 370,000 i7)5oo 20,000 123,333 87,500 80,000 * 493.333 * By l Vic. c. 68, the capital to be raised is limited to 335,000 J. Note. Where the word “ additional” occurs, the original Act passed previous to 1826. Capital in Joint Stock Power to raise by Loan Total £. - 41,610,814 - 16,177,630 £. 57.7 8 8,444 Private Bill Office, House of Commons, ) 16 April 1839. J Edward Johnson. APPENDIX TO REPORT FROM THE 70 Appendix, No. 2. Bye Lav/s im- posing Penalties. — Appendix, No. 2. — A RETURN of all Bye-Laws made under the authority of any Acts relating to Railroads, imposing Penalties upon any Persons other than those in the service of the said Company. LIST OF RAILWAYS IN ENGLAND AND WALES. Bolton and Leigh. Bodmin and Wadebridge. Birmingham, Manchester, and Liverpool (Grand Junction). Birmingham and London. Clarence (no Return). Canterbury and Whitstable. Durham and Sunderland. Gascoyne’s Private (no Return). Great Western. Hartleyburn and Brampton. Hereford and Mountford Cap. Liverpool and Manchester. Leeds and Selby. Leicester and Swannington. London and Greenwich. Manchester, Bolton, and Bury. Newcastle-on-Tyne and Carlisle. St. Helens and Runcorn Gap. Stockton and Darlington. Stratford and Moreton. Stanhope and Tyne. Southampton and London. Sheffield and Rotherham. Whitby and Pickering. Wigan and Preston (North Union). LIST OF RAILWAYS Edinburgh and Dalkeith. Edinburgh and Dalkeith (Leith Branch). Garnkirk and Glasgow. Ardrossan and Johnstone. Kilmarnock and Troon. Wishaw and Coltness. Monkland and Kirkintilloch. IN SCOTLAND. Ballochney. Dundee and Newtyle. Paisley and Renfrew. Newtyle and Coupar Angus. Dundee and Arbroath. Dunfermline and Charlestown. Stamps and Taxes, \ 8 March 1839. J (signed) Charles Pressly , Secretary. SELECT COMMITTEE ON RAILWAYS. 77 BODMIN AND WADEBRIDGE RAILWAY. Sir, Bodmin 19 March 1839. In compliance with your letter of the 13th instant, I enclose a copy of the bye-laws made under the Acts of Parliament incorporating and regulating the Bodmin and Wadebridge Railway Company. I have, &c. The Right Hon. the Secretary of State, - (signed) Preston Wallis. Whitehall, London. Rules and Regulations to be observed by all Persons using the Bodmin and Wade- bridge Railway, on pain of forfeiting such a Sum, not exceeding 20 l. for each default, as any two Justices of the Peace for the County of Cornwall or Borough of Bodmin shall im- pose. Agreed to and confirmed at the General Half-yearly and Special General Meeting of the Proprietors of the said Railway, held on Thursday, the 6 th of November 1835. 1 . The traffic on the Railway to be carried on by means of locomotive steam-carriages, belonging to the Company ; and no horses are to be used on any part of the Line, except in cases of repair, under the control of the superintendent. 2 . No train of carriages is to ascend the Line at a greater rate than six miles an hour; nor to descend at a greater rate than eight miles an hour. 3. The clause in the Act of Parliament which declares that the Railway shall not be used as a passage for horses or cattle will be strictly enforced ; and the penalties, after pay- ment of expenses, will be given to the informers. 4. All carriages used for carriage of sand from the depots are to be measured and re- gistered by the officers of the Company, who are instructed to mark on the said carriages the number of sacks they are respectively capable of containing. No carriage is to be loaded until duly measured and marked as above, nor unless the marks at the time of loading are legible, and agree with the Company’s register. The owner of the carriage will be charged according to the register, unless the wharfinger shall have reason to believe the quantity loaded exceeds the register, in which case he is authorized to measure the contents, and if any excess is discovered, the owner will be charged at the rate so found for every load taken since the audit immediately preceding. 5. In order to ensure a regular and fair supply of sand to all parties, at times when from casualties the supply at the depots may be scanty, no purchaser will be permitted to take a second load of sand from any depot, in one day, under the circumstances above mentioned, (of which the wharfinger is to give notice,) unless the first load has been actually deposited on the farm of such purchaser. 6 . The sand accounts will be closed half-yearly, on the 25th of March and the 29th of September; and payment will be required within thirty days from those periods, at times and places of which public notice will be given. 7. All persons requiring goods to be loaded on the trains, at any spot between the regular depots, are to pay the toll to which such goods would be subject at the nearest depot which the train may have left on that trip. If such goods are required to be discharged at any intermediate place, the toll chargeable at the next depot beyond is to be paid. 8 . The toll for goods loaded at Wadebridge is to be paid to the superintendent there. Toll for goods loaded elsewhere to be paid on loading to the conductor or engineer in charge of the train. 9. No goods will be loaded or discharged from the train, unless the owners or consignees send a sufficient number of men, at their own expense, for that purpose ; such owners or consignees are to be liable for all risks and accidents of loading and unloading. And no more than one hour will be allowed for discharging any load, at the end of which time the waggons with the goods remaining undischarged will be taken back to the place at which they were loaded, and the full tolls for the carriage both ways will be charged to the owner or consignee. 10 . One person may accompany goods in charge thereof gratis, if the tolls on such goods amount to 3 s. or upwards. 11 . I< ares for conveyance of passengers to be paid to the conductor, on entering the carriage. 12 . Bargemen employed by the Company to supply the wharfs at Wadebridge, are to take up their stations, and conform in all things to the directions of the superintendent. Barge- men regularly engaged to have the preference in accommodation before those casually em- ployed. 13. No deviation to be allowed from these rules, on any pretence, except by written order from a board of directors. Given under the common seal of the Company, this 5th day of November 1835. Thomas Woollcombe, Clerk. The preceding rules and regulations were produced at a petty sessions, held at W ashaway, in and for the county of Cornwall, this 30th day of November 1835, and ratified and allowed by us. C. Hodgson ,' I W. A. Yeo, j Justices of the Peace for the said County. •b 3 Appendix, No. 2 . Bodmin and Wade- bridge Railway. 252. 7 8 APPENDIX TO REPORT FROM THE Appendix, No. 2. BOLTON AND LEIGH AND KENYON AND LEIGH RAILWAYS. Bolton and Leigh and Kenyon and Leigh Railways. Sir, Bolton, 14 March 1839. In reply to your letter of yesterday’s date, I beg to enclose a copy of the bye-laws of the Bolton and Leigh Railway Company. A part of the bye-law No. 8. has become inapplica- ble, in consequence of an alteration in the time of the trains, but has not been formally re- scinded. I am, &c. The Hon. Fox Maule, m.p. (signed) Peter Sinclair, 1 reasurer of the Bolton and Leigh Railway Company. Presuming that a similar circular may have been addressed to the Directors of the Ken- yon and Leigh Junction Railway Company, of which Company I am also the treasurer, l beg to state that that Line is under lease to the Bolton and Leigh Railway Company and worked by them, and that no bye-laws have ever been made in relation thereto. Bye-laws, Rules, and Regulations of the Bolton and Leigh Railway. Penalty for non-observance, hi. for each Offence, besides consequential Damages. 1. No moving power shall be used or be upon the Railway, except locomotive steam- engines, unless with the special licence of the Railway Company from time to time. 2. Any person intending to use his own locomotive engine shall give ten days’ notice in writing to the treasurer of the Company of such intention, with information that such engine may be inspected at some convenient place (to be named in the notice) within one mile ot the Railway ; whereupon the Company shall direct some person on their behalf to examine such engine, and such person shall prepare and sign a certificate, stating whether such engine is, or is not, in his opinion a safe and proper engine to be used or to be upon the Rail- way, under the authority of the Acts of Parliament relating to the Railway ; in which certi- ficate (a copy whereof shall be given to the owner of the engine on demand) the Company’s agent shall state the reasons on which he shall have formed his opinion. And no person shall be allowed to use, or at any time to have, any engine upon the Railway without a cer- tificate in writing from the engineer or some other officer for the time being of the Company authorizing the same ; and every person using locomotive engines in conformity with these regulations shall provide a side line or convenient place (not on any of the Company’s Lines) on which such engine shall be placed when not at work ; and the slide bars, and eccentric lever bars, or other conveniences, for communicating with the Company’s Line or Lines, shall be kept at all times carefully shut down, or back out of the way (except when in use as hereinafter mentioned). 3. Every engine, waggon, and carriage, being or working on the Railway, and every engineman, fireman, breaksman, waggoner, and other person belonging to, or attending the same, shall be under the direction and control of the Company and their treasurer and other officers and servants, as to the times of starting, the speed of travelling (save as herein expressly mentioned), and in all other respects. 4. All waggons and carriages of every description, used or working or being on the Rail- way, shall be constructed and maintained to the satisfaction of the Company’s treasurer for the time being ; and the loading of any waggon or carriage shall in no case overhang the rails on which the waggon or carriage is more than 18 inches on each side. 5. Whenever loaded waggons shall be taken down the lower inclined plane without beino- attached to a locomotive engine, there shall be a breaksman to every four of such waggons ff loaded with coke, and if otherwise loaded, there shall be a breaksman to every three wag- gons; and there shall be an additional breaksman for every fractional part beyond four or three (as the case may be) complete. G. Every engine, tender, waggon, and carriage, which, in the opinion of the Company’s engineer or treasurer for the time being, shall be or have become unfit to be used, or to be on the Railway, shall (immediately upon notice in writing given by any one of the Com- pany’s officers to the owner, or any one of the several owners, or to any of their or his servants) be disused and removed oft' the Railway. 7. No person except the engineman and fireman shall be allowed to ride on any locomo- tive engine or tender upon or along the Railway, without the special licence of the Company, from time to time ; and no person whomsoever (other than the breaksman) shall be allowed to ride or pass on any luggage waggon or coal waggon. 8. Upon that part of the Railway which lies between the Checkerbent and Daubhill stationary engines, no locomotive engine, waggon, or carriage shall travel or pass towards Bolton between the following times, namely, From 10 minutes past 7 o’clock a.m. till 40 minutes past 7 a.m. From 55 minutes past 11 o’clock a.m. till 25 minutes past 12 (noon). From 25 minutes past 5 o’clock p.m. till 55 minutes past 5 p.m. Except on Tuesday and Saturday evenings, when, instead of the time last men- tioned, it will be from 55 minutes past 5 o’clock p.m. till 25 minutes past 6 p.m. Upon SELECT COMMITTEE ON RAILWAYS. 79 Upon the same part of the Railway, no engine, waggon, or carriage, shall travel or pass towards Leigh between the following times, namely, From 9 o’clock a. m. till 45 minutes past 9 a. m. From 45 minutes past 1 p.m. till 30 minutes past 2 p.m. From 15 minutes past 7 p.m. till 8 o’clock p.m. And no engine, waggon, or carriage shall travel or pass towards Bolton along that part of the Railway which lies between Bag-lane and the canal at Leigh between the following times, namely, From half past 7 o’clock a.m. till 8 o’clock a. m. From quarter past 12 o’clock at noon till 45 minutes past 12. From three quarters past 5 o’clock, p.m. till quarter past 0 p. m. Except on Tuesday and Saturday evenings, when, instead of the time last men- tioned, it will be from quarter past 6 o’clock p. m. till 45 minutes past 6p.m. Nor travel or pass towards Kenyon (upon the same part of the Line) between the fol- lowing times, namely, From 45 minutes past 8’oclock a.m. till quarter past 9 a.m. From half past 1 o’clock p.m. till 2 o’clock p.m. From 7 o’clock p.m. till half past 7 p.m. 9. No engine, waggon, or carriage shall at any time be left, or be upon the Railway, when not in use. . . , , . , 10. No person shall be allowed to smoke tobacco in any first-class carriage, or in, at, or upon any of the stations, wharfs, or warehouses of the Company. 11. No waggon or other carriage shall, without the consent of the Company, be loaded or unloaded while remaining or being on the main line of Railway (except cairiages for the conveyances of passengers, stopping to take up or set down passengeis). 12. Every locomotive engine travelling or being on the Railway, alter dark, shall carry a signal lamp or lamps in such manner as to be distinctly visible from both before and behind it (such lamps to show a white light when travelling towards Leigh, a red light when travelling towards Bolton, and a green light when standing still). 13. Every person constructing, occupying, owning, using, or having a communication with the Railway by means of an opening in the ledges or flanches of the Company s rails, shall have the slide bar, eccentric lever bar, or other usual conveniences, and shall keep the same carefully secured in such a manner as shall be satisfactory to the Company, their agents and officers ; and every such person, and also every person using or employing oi passing upon or along the main line of Railway with any engine, waggon, or carriage, under his own or his servants’ control, shall be bound to see that the enginemen, firemen, breaksmen, and all other servants employed by him or them, conform to these several rules, and in default thereof, will be held personally responsible for all loss, damage, or harm that may arise from any such default. And every person offending against any of these bye-laws, rules, or regulations, shall, toi each offence, pay a penalty of 5 l. (besides which, he will be liable for consequential damages). Notice . — The foregoing bye-laws, rules, and regulations, were made by the committee and passed under the common seal of the Bolton and Leigh Railway Company, this 7th day of October 1833. J Clerks °f the Company. Appendix, No. 2. Bolton and Leigh and Kenyon and Leigh Railways. / CANTERBURY AND WHITSTABLE RAILWAY. Bye-laws, Rules, Orders, and Regulations of the Company of Proprietors. 1 . That every ship, vessel, or boat which shall enter the harbour, or in attempting to Canterbury and enter shall take ground at or near the entrance thereof, shall thenceforth and until her YV hitstable Rail- departure out of or from the harbour, or the entrance thereof, be under the direction and way. control of the harbour-master or his deputy for the time being, and shall be berthed and removed from place to place, and from time to time, as occasion or circumstances may require, to such situation or situations in the said harbour as the harbour-master, or his deputy lor the time being, shall think proper ; and in case any master or commander of any ship, vessel, or boat shall refuse or neglect so to berth or remove his ship, vessel, or boat when thereunto required by the harbour-master or his deputy, the owner or owners of such ship, vessel, or boat, or the master or commander thereof, shall forfeit and pay lor every such offence the sum of 5 l. of lawful money of Great Britain. 2. That in case the master or commander of any ship, vessel, or boat lying in or anchoring at the entrance of the harbour, shall refuse or neglect, upon the order of the harbour-master, or his deputy for the time being, to take up the anchor or anchors of such ship, vessel, or boat, or to take in the flukes of any anchor or anchors upon the forecastle of such ship, vessel, or boat, or to slack the ropes or fasts, or to brace the yards of such ship, vessel, or boat, or shall in any way obstruct any other ship, vessel, or boat coming in, going out of, or lying in the harbour, the owner or owners of such ship, vessel, or boat, or the master or commander thereof, shall forfeit and pay for every every such offence the sum of 5 : and 222, l 4 further. 8o APPENDIX TO REPORT FROM THE Appendix, No. 2, Canterbury and Whitstable Rail- way. further, in case of such refusal or neglect, it shall be lawful for the harbour-master or his deputy, or any person or persons authorized by them, or either of them, and in their or his piesence, but not otherwise, to cut away and cast off all cables and ropes attached to such anchor or anchors, or which shall in anywise obstruct or hinder the entrance, new berthing- or departure of any sh’p, vessel, or boat into, in, or out of the harbour. 3. lhat every anchor which shall be let go in the harbour, or at or near the entrance thereot shall be taken up immediately after the ship, vessel, or boat to which such anchor doth belong shall be moored, re-berthed, or shall have taken ground within the harbour under the penalty of 5 1. for every neglect or default therein, to be paid by the owner or owners, or master or commander of every such ship, vessel, or boat. 4 That the master or commander of every ship, vessel, or boat belonging to or using the harbour, and having bowsprits, commonly called in and out bowsprits, shall, upon or before his ship, vessel, or boats grounding in the harbour, haul or rio- i n his bowsprit under the penalty for every neglect or default herein of the sum of 5 /. ° r * 5. That the master or commander of every ship or vessel which shall enter the harbour having any quantity of gunpowder on board exceeding the weight of 20 lbs., shall without farther delay, on entering the harbour, give notice thereof to the harbour-master or his deputy who shall direct the master or commander immediately to extinguish all lights and fires and so to continue without lights and fires during the whole of their stay in the & said harbour • and in case the master or commander of such ship or vessel shall not attend to such orders of the harbour-master or his deputy, the owner or owners or such ship or vessel, or the master or commander thereof, shall forfeit and pay the sum of 5 1. for each and every day in the course of which any light or fire shall be made on board such vessel. 6. That no pitch, tar, rosm, turpentine, tallow, or any other combustible matter shall at any time be heated on board any ship or vessel which shall lie in the harbour, under a penalty not exceeding 5 1, nor less than 10s., to be paid by the master or commander of such ship or vessel for every such offence. 7. That the master or commander of every ship or vessel shall on or immediately after his coming into the harbour give to the harbour-master or his deputy, if thereunto required by him, the true draught of water of such ship or vessel, and every master or commander who shall neglect or refuse to do so when thereunto required by the harbour-master or his deputy, shall forfeit and pay for every offence a sum not exceeding 5 l, nor less than 10 5 . 8. J hat no ballast shall be taken from the harbour or entrance, except by the consent of the harbour-master or his deputy, and that all ballast which shall be taken for ships or vessels lying in the harbour shall be taken from such part only of the harbour or entrance as the harbour-master or his deputy shall direct ; and in case any materials for ballast for any ship or vessel in the harbour shall be dug or taken from the harbour or entrance without such consent as aforesaid, or from any other part of the harbour or entrance than the harbour- master or his deputy shall direct, the master or commander of the ship or vessel for which the same shall be dug or taken shall forfeit and pay for every such offence a sum of 5/. 9. That no dismantled ship, vessel, or boat shall, upon any account or pretence whatsoever, be moored or laid up within the harbour, to be used as or in the nature of a store vessel’ under the penalty of any sum not exceeding 5 /., nor less than 10 s., for every week the same shall be used for that purpose, to be paid by the owner or owners, or other person or persons having the direction or charge of such ship, boat, or vessel. 10. lhat if at any time or times hereafter any person or persons shall throw or cast any ballast out of any ship, vessel, or boat, or shall place any anchor or cable, or other thing whatsoever, upon the pier, or any of the works erected or made, or to be erected or made, in or about or belonging to the harbour, the same shall not be suffered to remain there ’for a longer space of time than 12 hours after notice given for the removal thereof by the har- bour-master or his deputy, under a penalty not exceeding 5/., nor less than 105 ., for every offence , but the same shall, at the expense of the person or persons casting or placing the same there, be removed or carried away to such place or places as the harbo°ur-master or his deputy shall order and direct. 11. That the master or commander of every ship or vessel who shall unlade in the harbour any timber or spars, for the purpose of floating the same, and shall not raft and float the same to such place or places, or remove and carry away the same as and when the harbour- master or his deputy shall from time to time direct, shall forfeit and pay for every such offence a sum not exceeding 5 /., nor less than 10s. 12. That in case any person or persons shall cast, place, throw, deposit, or put any dust, dirt, dung, soil, putrid fish, oyster-shells, flesh, blood, offal, or any sort of rubbish, or clean any fish, or shall commit any public nuisance or annoyance whatsoever upon the said pier, oi in the harbour, or upon or in any of the works belonging to the said Company, or shall affix any hand-bill or paper, or write, paint, mark, or cut upon the walls, benches, fixtures, or erections thereon, or shall in any other manner disfigure, deface, or injure the same, or the works thereof, the person or persons so offending shall forfeit and pay for every such offence a sum not exceeding- 5/. 13. lhat neither the harbour-master nor his deputy, nor any other person employed by them or either of them, or by the directors of the said Company, shall demand or receive from any person or persons taking refuge for their ships, vessels, or boats in the harbour any gratuity or reward whatsoever for anything to be done by him in the execution of the office to which he is or shall be appointed, under pain of immediate dismissal by the directors, upon notice and complaint thereof to their clerk. 14. That the driver or owner of any carriage who shall wilfully cause, suffer, or permit the same to remain or stand on the said pier, or any of the wharfs or other works or property of SELECT COMMITTEE ON RAILWAYS. 81 of the said Company, longer than may be necessary for the loading or unloading thereof, shall forfeit and pay for every such offence the sum of 5 1 . 15. That the sum to be charged and taken for the carriage of parcels not exceeding 500 lbs. weight upon the Railway, shall be not exceeding the sum of 15. for any parcel of the weight of 25 lbs. or under, and for any parcel above the weight of 25 lbs. in the same proportion. (Company’s seal.) DURHAM AND SUNDERLAND RAILWAY. My Lord, Durham, 22 March 1839. I am instructed by the directors of the Durham and Sunderland Railway to reply to Mr. Maule’s letter of the 13th instant, and to inform your Lordship that this Company have not made any bye-laws, imposing penalties upon any persons other than those in the service of the Company. I have, &c. (signed) John Gregson, Clerk of the Company. GREENWICH RAILWAY. Greenwich Railway Company’s Offices, London Terminus, Sir, 20 March 1839. Having laid before the directors your letter of the 13th instant, requesting a return of all the bye-laws made under the authority of the Act of Parliament by the directors of this Company, I am desired to say that no bye-laws have been made for this Railway. I have, &c. The Honourable F. Maule, (signed) J . Y. Akerman, Secretary. &c. &c. &c. HARTLEYBURN AND BRAMPTON RAILWAY. Sir, Kirkhouse, 15 March 1839. The Hartleyburn and Brampton Railway is a private Line of way, belonging to the Earl of Carlisle, and leading from his Lordship’s collieries, of which collieries and Railway I am lessee. The passengers conveyed thereon are principally workpeople, employed at the works, to and from Brampton market. There is no Act of Parliament relating to the same, nor any bye-laws made imposing penalties. I am, &c. To F. Maule, Esq. (signed) James Thompson. HEREFORD AND MOUNTFORD CAP RAILWAY. Sir, Hereford, March. In compliance with your circular, bearing date the 13th instant, I beg to forward you a copy of the bye-laws of the Hereford and Mountford Cap Railway Company. It is perhaps necessary I should mention, that although termed a Railway, it is, more correctly speaking, a Tramroad, in continuation of the Grosmont and Llangua Lines to Abergavenny ; the prin- cipal traffic being coal from, and corn to, the mining districts. We have no locomotive engine. I am, &c. (signed) James Fowler , Honourable F. Maule, Whitehall. Clerk to the Company. Hereford Railway. Bye-Laws, Orders, and Regulations made, pursuant to Act of Parliament, for the government and good order of the Railway. 1. That the owner or owners of every waggon or other carriage to be used on this Railway shall cause his, her, or their name or names, and place or places of abode, and the number of his, her, or their waggon or other carriage, to be painted in large capital letters and figures on the offside thereon, and shall cause the same from time to time to be weighed, gauged, and entered by the toll-clerk at one of the Company’s weighing machines, and the weight marked in conspicuous characters on each side thereof ; and the owner or driver of any waggon or other carriage on the Railway that is not so marked, weighed, gauged, and entered, shall, for each offence, forfeit and pay any sum not exceeding 40 s., nor less than 10s. 2. That no waggon or other carriage shall be permitted to pass on this Railway, the wheels and axles of which are not fitted to the gauge of the rails, or which is so constructed in any 222. m ol Appendix, No. 2. Canterbury and Whitstable Rail- way. Durham and Sunderland Rail way. Greenwich Rail- way. Hartleyburn and Brampton Rail- way. Hereford and Mountford Cap Railway. 82 APPENDIX TO REPORT FROM THE Appendix, No. 2 Hereford and Mountford Cap Railway. of its parts as to injure, or tend to injure the Railway, or impede the passage thereof; but the same shall and may be stopped, unloaded, and turned out of the road by any of the Com- pany’s agents, servants, or workmen, and the owner thereof shall forfeit and pay for every such waggon or other carriage the sum of 40 s. 3. That no waggon or other carriage shall be suffered to pass on this Railway with a load exceeding one ton ten hundred weight, except the load be in one entire piece ; and the owner of any waggon or other carriage loaded contrary to this direction shall, for each offence, forfeit and pay the sum of 40 s. 4. That if the load of any waggon or other carriage shall project from its sides or ends so as to injure the Railway or fences, or to interrupt the passage of other waggons or carriages, or if, from want of proper repair or neglect, the contents of any waggon or other carriage shall on its passage be scattered on the Railway, so as to clog the plates, or in any way injure the plates or road, or impede the passage of the same, the driver of such waggon or other carriage shall, for either offence, forfeit and pay any sum not exceeding 5 1, nor less than 10 s. 5. That if any driver of a waggon or other carriage, or other person, shall draw or turn any waggon or other carriage out of the road across the rails, except the same from accident or bad construction be disabled from proceeding, he shall, for each offence, forfeit and pay the sum of 20 s. 6. That if a waggon or other carriage shall by accident get off the plates, the driver of the same shall immediately use every effort to replace it ; and if it shall have been dragged out of its track more than 10 yards, he shall, for every yard it shall have been so dragged over and above 10, forfeit and pay the sum of -5 s. 7. That if any driver of a waggon shall be seen riding thereon, or shall put his horse or horses beyond a proper pace, he shall, for either offence, forfeit and pay any sum not exceeding 5 1., nor less than 10 s. 8. That if any driver of a waggon or other carriage shall unnecessarily halt his horse or horses, so as to obstruct the passage of the Railway, he shall, for each offence, forfeit and pay any sum not exceeding 5 L, nor less than 10 s. 9. That if any person shall wilfully do any other act or thing not before mentioned, whereby the free passage of the Railway might be in any way obstructed or impeded, such person shall, for every such offence, forfeit and pay any sum not exceeding 5 L, nor less than 10 s. 10. That if any person shall take off a linch-pin, washer, wheel, or any other part of the apparatus belonging to a waggon or other carriage used on this Railway, without the consent of the owner thereof, he shall, for each offence, forfeit and pay any sum not exceeding 40 s., nor less than 10 s. 11. That every unloaded waggon or other carriage shall wait for, draw back, and give way to a loaded waggon or other carriage, so as to suffer the same to pass, except the loaded waggon or other carriage be within 100 yards of a turn-out; and, in other cases, the one nearest the turn-out to turn back, under the penalty of 10 s. for every offence. 12. That no driver of a waggon or other carriage shall, in consequence of any accident happening thereto, delay or impede the passage of the Railway for more than 15 minutes ; and if, at the expiration of that time, he shall not have repaired the damage, so that the waggon or other carriage is enabled to proceed, he shall with all possible speed remove the same from the road, on pain of forfeiting, for each offence against this direction, any sum not exceeding 5 l., nor less than 10 s. 13. That no waggon or other carriage, not immediately in use, shall be suffered to remain on the Line of Railway, or on any passing-place belonging thereto, except with the consent of the Company’s agent, under a penalty to the owner or driver thereof of 20 s. for each offence. 14. That all persons having occasion to convey any goods, wares, or commodities on any part of the Railway short of the public or private wharfs, and without passing through either of the tollgates, shall obtain a consent in writing for that purpose from one of the Company’s agents, or from one of the toll-clerks for the time being (which consent such agent or toll- clerk is directed to grant immediately on application being made to him), and shall deliver to such agent or toll-clerk a just account of the weight and description of the goods intended to be so conveyed ; and any owner or driver of a waggon or other carriage, or other person, who shall, with intent to avoid the payment of the tonnages payable to the said Railway Company, load, unload, or take into or from any waggon or other carriage any goods, wares, merchandize, or commodities whatsoever, liable to pay such tonnages, at any other place than upon the public or private wharfs upon or belonging to the said Railway ; or if any person shall do any other act, with intent to evade the payment of such tonnage, every such person so offending shall, for every such offence, forfeit and pay any sum not exceeding 5 l. } nor less than 1 1. 15. That all waggons or other carriages arriving at the Company’s wharfs to be loaded or unloaded shall be under the control of the Company’s agent and wharfinger for the time being, and shall be shifted or removed as he shall direct, with a view to the general convenience of the trade ; and any owner or driver of a waggon or other carriage who shall refuse to submit to any such reasonable directions shall, for each offence, forfeit and pay any sum not exceedigg 40 s., nor less than 10 s. 1G. That if any driver of a waggon or other carriage, or other person, shall break the lock, or force a passage through any of the Company’s stopgates, he shall, for each offence, forfeit and pay the sum of 5 /. 17. That SELECT COMMITTEE ON RAILWAYS. 83 17. That no person shall make a road across, or break gaps through, or in any way injure or destroy, or cause to be injured or destroyed, any part of the fences belonging to the said Railway, upon pain of forfeiting, for every such offence, any sum not exceeding 5 l., nor less than 40 s. 18. That if any person shall leave open any gate erected, or to be erected across or on the sides of the said Railway, or shall suffer any horse, ass, sheep, pig, or other grazing beast to go loose upon the banks or sides of the said Railway, every person so offending shall forfeit and pay, for every such offence, any sum not exceeding 20 s., nor less than 5 s. 19. That every owner of any waggon or other carriage shall be answerable for any tres- pass, damage, spoil, or mischief that shall be done to the said Railway, bridges, engines, fences, or other works belonging to the said Company, or to the adjoining lands, by himself or his servants driving or attending the said waggon ; and any persons found offending shall forfeit and pay the amount of such damages, and all costs attending such conviction, and 40 s. to the informer. 20 . That if any person shall wilfully and maliciously break, throw down, destroy, steal, carry, or take away any part of the said Railway, or other works, or materials belonging thereto, such person shall be liable to be tried for felony, and transported for seven years. 21 . That no waggon or other carriage be allowed to pass on the said Railway, or business be done at any of the wharfs, on Sundays, Christmas-day, or Good Friday. 22 . That no waggon or other carriage be allowed to pass upon the said Railway at any other times than between the hours of seven in the morning and six in the evening, during the months of November, December, January, and February; and between the hours of six in the morning and eight in the evening, during the months of March, April, September, and October; and between the hours of five in the morning and ten in the evening, during the months of May, June, July, and August in every year. 23. That no wharfinger, clerk, or other servant of the Company, shall, under any pretence or colour whatever, ask, demand, or receive for doing any part of the business incident to his employment for the Company, any other pay or gratuity whatsoever than what shall be paid him by the said Company. 24. That all persons convicted in any penalty under either of these bye-laws shall, over and above the said penalty, pay all fees and expenses attending such conviction, provided the said penalty, fees, and expenses shall not altogether exceed the sum of 20 1. 25. That one half of the penalty or penalties inflicted on any offender or offenders, for breach of any of the foregoing bye-laws, orders, and regulations, shall be paid to the informer on conviction of the off ender. By order of the Company, James Fowler , Clerk. LEEDS AND SELBY RAILWAY. Sir, Leeds, 15 March 1839. In reply to your letter of 13th instant, requiring a return of all bye-laws made under the authority of Acts of Parliament relating to this Railway, by which penalties are imposed upon any person other than those in the service of this Company, I am ordered by the directors to inform you that no such bye-law has been made by this Railway Company. I am, &c. (signed) Pet. Clarke, Superintendent. LEICESTER AND SWANNINGTON RAILWAY. No bye-laws have ever been made under the authority of the Acts relating to the Leicester and Swannington Railway. Certified by Clement Winstanley, 18 March 1839. Chairman of the Directors. F. Maule, Esq. GRAND JUNCTION RAILWAY. Sir, Liverpool, 20 March 1839. In reply to your communication of the 13th instant, addressed to the directors of this Company, I am instructed to state on their behalf that the Grand Junction Railway Com- pany have not made any bye-laws under the authority of Acts relating to Railroads, or other- wise, imposing penalties upon any persons other than those in the service of the said Company. The convictions which have taken place at the instance of the Company in cases of tres- pass, wilful damage, or attempts to defraud, have been before magistrates, under special clauses, referring to such cases, in the several Acts of Parliament by which this Company is incorporated. The penalties which the directors have found it expedient to affix to acts of negligence, misconduct, or incivility on the part of servants of the Company, in order to ensure, as far as 222 * M 2 possible, Appendix, No. 2 . Hereford and Mountford Cap Railway. Leeds and Selby Railway. Leicester and Swannington Rail- way. Grand Junction Railway. 8 4 APPENDIX TO REPORT FROM THE Appendix, No. 2. Grand Junction Railway. possible, the convenience and security of passengers travelling on this Railway; and the regulations affecting such servants, which have been adopted with this object, it is pre- sumed, from the tenor of your communication, are not required to form part of the returns therein specified. I have, &c. The Honourable Fox Maule, m. p. (signed) J. R. Chorley, &c. &c. &c. Treasurer. LIVERPOOL AND MANCHESTER RAILWAY. Liverpool and Manchester Rail- way. Sir, Liverpool, 20 March 1839. I have to acknowledge the favour of your communication of the 13th, and, in conformity with the tenor of it, I am instructed by the directors to transmit you, herewith, copy of the only bye-law relating to the Liverpool and Manchester Railway, “ imposing penalties upon any persons other than the servants” of this Company. I am, &c. Honourable F. Maule, (signed) Henry Booth. &c. &c. Bye-Law for the prevention of the Smoking of Tobacco. By virtue of the powers for that purpose contained in the several Acts of Parliament relating to the Liverpool and Manchester Railway, and particularly of the Act of Parliament passed in the first year of the reign of his Majesty King William the Fourth, intituled, “ An Act for amending and enlarging the Powers and Provisions of the several Acts relating to the Liverpool and Manchester Railway,” the directors of the Liverpool and Manchester Railway Company do hereby order and direct, that no passenger, or other person whomsoever, shall smoke tobacco in or upon any coach, waggon, or other carriage, of or belonging to the said Company, or which shall or may be used upon the said Railway or any part thereof, or in or upon any of the stations of the said Company, under the penalty upon every person offending against this bye-law of the sum of 40 s. for every such offence. And the officers and ser- vants of the said Company are hereby ordered and strictly enjoined to observe and to enforce the observance of this order on all occasions, and by all persons whomsoever. Given under the common seal of the said Company, the 29th day of January, in the year of our Lord 1838. C. IF. Clay, (Seal.) Clerk of the said Company. Approved, this 12th day of March 1838, by us, Thomas Case, \ Two of Her Majesty’s Justices of the Peace Thomas Hodick, J for the County of Lancaster. (True copy.) Hy. Booth. London and Bir- mingham Railway. LONDON AND BIRMINGHAM RAILWAY. - (A.) - g; rj Office, Euston Station, 14 March 1839. Referring to your letter of the 13th inst., desiring that a return may be transmitted to you, in pursuance of a resolution of the House of Commons, dated 4th March 1839, of the bye-laws of the London and Birmingham Railway Company, I am instructed to forward the enclosed copy of such bye-laws in compliance with your request. I am, &c. The Hon. Fox Maule, m. p. (signed) R. Creed, Secretary. London and Birmingham Railway. Whereas by an Act of Parliament passed in the third year of the reign of his late Majesty King William the Fourth, intituled, “ An Act for making a Railway from London to Bir- mingham,” it is enacted as follows : (that is to say), .... r ,, , • , By sec. 154 it is enacted, « That the said Company shall have full power and authority from time to time to make such bye-laws, orders, and rules as to them shall seem expedient for the good government of the officers and servants of the said Company, and for the regu- lating the proceedings and reimbursing the expenses of the said Directors, and for the management of the said undertaking in all respects whatsoever ; and from time to tune to alter or repeal such bve-laws, orders, and rules, or any of them, and to make others, and to impose and inflict such reasonable fines and forfeitures upon all persons offending against the same, as to the said Company shall seem meet, not exceeding the sum of 5/. tor any one offence, such fines and forfeitures to be levied and recovered as any penalty may by this Act SELECT COMMITTEE ON RAILWAYS. 8fi Act be levied and recovered, which said bye-laws, orders, and rules being reduced into writ- ing, under the common seal of’ the said Company, and printed and published and painted on boards, shall be hung up and affixed and continued on the front, or other conspicuous part of the several toll-houses to be erected on the said Railway, and other buildings or places at which any rates or tolls shall be collected or paid under the authority of this Act, and shall from time to time be renewed as often as the same or any part thereof shall be obliterated or destroyed ; and such bye-laws, orders and rules shall be binding upon and be observed by all parties, and shall be sufficient in all courts of law or equity to justify all persons who shall act under the same, provided that such bye-laws, orders, or rules be not repugnant to the laws of that part of the United Kingdom of Great Britain and Ireland called England, or to any directions in this Act contained; and all such bye-laws, orders, and rules shall be subject to appeal in manner hereinafter mentioned.” By sec. 194 it is enacted, “ That it shall be lawful for the said Company from time to time to make such orders and regulations as they shall think proper, for regulating the travelling upon and use of the said Railway, and for or relating to travellers and carriages passing upon the said Railway, and for or relating to the mode and means by which, and the speed at which such carriages shall from time to time be moved or propelled, and the times of their departure and arrival, and the loading or unloading thereof respectively, and the weights which they shall respectively carry, and the delivery of goods and other things which shall be conveyed in or upon such carriages, and also for preventing the smoking of tobacco, and the commission of any other nuisance in or upon any such carriages, or in any of the stations belonging to the said Company, and generally for regulating the passing upon, using or working the said Railway, and other works by this Act authorized, or in anywise relating thereto respectively ; and all such orders and regulations shall be binding upon, and be con- formed to by the said Company, and by all owners of and persons having the care or conduct of such carriages, and by all persons using or working the said Railway and other works, upon pain of forfeiting and paying a sum not exceeding 5 1 . for every default. Provided always, that in every case of infraction or non-observance of any such rules or regulations, which shall be attended with danger to the public, or which shall obstruct or hinder the said Company in their due and lawful use and working of the said Railway, it shall be lawful for the said Company and their agents summarily to interfere to obviate such danger, or to re- move or prevent such obstruction or hindrance, either by removing from the said Railway any engine or carriage which shall be used or worked thereon in contravention of any such rules or regulations, or otherwise as the necessity of the case may require.” Notice is hereby given, that the London and Birmingham Railway Company, established and incorporated by the said Act, have by virtue of the powers hereinbefore mentioned, some or one of them, made and reduced into writing, under their common seal, and have printed and published, as required by the said Act, the following orders and regulations for regula- ting the travelling upon and use of the said Railway, and for and relating to travellers pass- ing upon the said Railway, and for preventing the smoking of tobacco, and the commission of any other nuisance in or upon any of the carriages, or in any of the stations belonging to the said Company, and generally for regulating the passing upon and using the said Railway. 1 . No passenger will be allowed to take his seat in or upon any of the Company’s car- riages, or to travel therein upon the said Railway, without having first booked his place and paid his fare. Each passenger booking his place will be considered as binding himself and agreeing to abide by and observe these rules and regulations so far as they concern himself ; he will on booking his place be furnished with a ticket, which he is to show when required by the guai’d in charge of the train, and to deliver up prior to his quitting the Company’s pre- mises at the end of his journey. Any passenger refusing to produce on request, or at the end of the journey to deliver up his ticket, will be required to pay the fare from the place whence the train originally started, or in default thereof is hereby made liable to the penalty of 40 s. 2 . Passengers at the road stations will only be booked conditionally (that is to say) in case there shall be room in the train for which they are booked ; in case there shall not be room, passengers booked for the longest distance will be allowed the preference. Passen- gers booked for the same distance will have priority according to the order in which they are booked. 3. Any passenger who shall have paid his fare for a second-class carriage, and shall ride in or upon a first-class carriage, shall forfeit the sum of 40 s. 4. Dogs will be charged for according to distance, but they will cn no account be per- mitted to accompany passengers in the carriages. 5. Smoking is strictly prohibited both in and upon the carriages, and in the Company’s stations. Any passenger persisting in smoking after being warned not to do so, is hereby subjected to a fine of 40s., and in case of his persisting after a second warning, he will im- mediately, or (if travelling) at the first stopping place, be removed from the Company’s pre-^ raises, and forfeit his fare. 6 . Any passenger in a state of intoxication, committing any nuisance, or wilfully interfer- ing with the comfort of other passengers, obstructing any of the Company’s officers in the discharge of their duty, or not attending to the directions of the guard, in cases where the personal safety of himself or any of the passengers is concerned, will be immediately removed from the Company’s premises, or in case he shall at the time be travelling, then at the next station, or as soon after the offence as conveniently may be, and shall forfeit his fare. 7. Any passenger wilfully cutting the lining, removing or defacing the number [dates, m 3 breaking Appendix, No. 2 . London ana Birmingham Rail- way. Appendix, No. 2. London and Birmingham Rail way. Rates of Charges of the London and Birmingham Railway Company. 86 APPENDIX TO REPORT FROM THE bieaking the windows, or otherwise damaging any of the Company’s carriages, shall be fined 5 l. ° ’ 8. The charge made for passengers does not extend to luggage. The Company will not in any case be answerable for luggage, unless the passenger to whom the same belongs shall have booked and paid for it; on booking, a ticket will be given to the owner, and a corresponding ticket affixed to the luggage, and the luggage will only be delivered to the party producing such ticket. A charge of sixpence will be made' for each passenger’s luggage not exceeding 112 lbs. in weight for the whole distance, and an additional charge of 1 f p ei J . a »ove that weight. The attention of passengers is requested to the legal notices exhibited in the booking-offices limiting the Company’s responsibility for luggage or goods booked by any of their carriages. 9 . The Company’s porters will render every facility to passengers in loading and unloading luggage at the different stations. No fee or gratuity is permitted to be taken by any of the Company’s servants under any circumstances whatever, under pain of instant dismissal. (By order) Richard Creed , To A C. R. Moorsom,] feecretanes to tae Board of Directors. London, 7 February 1838 . N- B- By the Act of Parliament above mentioned, after providing for the recovery of penalties, and directing that one-half thereof shall go to the informer and the other half to t le Company, it is by the 211th section enacted, “ lhat it shall be lawful for any officer or agent of the said Company, and all such persons as he shall call to his assistance, to seize and detain any person whose name and residence shall be unknown to such officer or a^ent, who shall commit any offence against this Act, and to convey him before some Justice for the county, liberty, or place within which such offence shall be committed, without any other warrant or authority than this Act ; and such Justice is hereby empowered and required to proceed immediately to the hearing and determining of the complaint.” It. Creed, Secretary. -(BO- RATES charged for Carriages and Horses. CARRIAGES With Four Wheels ; and also with Two Wheels, wheu only One is placed on a Truck. \ With Two Wheels, when Two Carriages are placed on a Truck. HORSES For any distance not exceeding 30 miles 55 miles 85 miles For the whole distance - 20 S. 35 s - 55 s - 75 S. each . 15 *. 2 5 s - 40 s. 55 s - each. 20 s. 30 s. 42 s. 50 s - 20 s. and 15 s. are the lowest rates for any distance. 1 ^7 B-~ Gentlemen’s carriages and horses must be at the stations at least a quarter of an hour before the time of departure. . Trucks are kept at the principal stations on the line; but, to prevent disappointment, it is recommended that previous notice should be given at the station where they may be required. J J Passengeis, whether in or on gentlemen’s carriages, as well as grooms in charge of horses, pay second class fares. No hoises can be taken by a first class train, except when they are with a carriage or belong to a passenger accompanying such train. Horses. he London and Birmingham Railway Company give notice that they will not, under any circumstance, be answerable for injury to horses conveyed upon their Railway; and they will not receive any horse for conveyance unless accompanied by a declaration, signed by the owner or his authorized agent, that the Company are not to be liable for injury to sue ] iorse while in their custody, although every proper precaution will be taken to secure tlieir safe conveyance. (signed) R. Creed, Sec. SELECT COMMITTEE ON RAILWAYS. 87 LONDON AND SOUTHAMPTON RAILWAY. A Copy of such Bye-Laws of the London and Southampton Railway Company as impose Penalties on persons other than those in the service of the Company. No passenger will be allowed to take his seat in or upon any of the Company’s car- riages, or to travel therein upon the said Railway, without having first booked his place and paid his fare. Each passenger booking his place will be considered as binding himself and agreeing to abide by and observe these rules and regulations so far as they concern himself; he will on booking his place be furnished with a ticket, which he is to show when required by the guard in charge of the train, and to deliver up prior to his quitting the Company’s premises at the end of his journey. Any passenger refusing to produce on request, or at the end of the journey to deliver up his ticket, will be required to pay the fare from the place whence the train originally started, or in default thereof is hereby made liable to the penalty of 40 s. Any passenger who shall have paid his fare for a second-class carriage, and shall ride in or upon a first-class carriage, shall forfeit the sum of 40 s. Smoking is strictly prohibited both in and upon the carriages, and in the Company’s stations. Any passenger persisting in smoking after being warned not to do so, is hereby subjected to a fine of 40 s., and in case of his persisting after a second warning, he will immediately, or (if travelling) at the first stopping place, be removed from the Company’s premises, and forfeit his fare. Any passenger in a state of intoxication, committing any nuisance, or wilfully interfering with the comfort of other passengers, obstructing any of the Company’s officers in the dis- charge of their duty, or not attending to the directions of the guard, in cases where the personal safety of himself or any of the passengers is concerned, will be immediately re- moved from the Company’s premises, or in case he shall at the time be travelling, then at the next station, or as soon after the offence as conveniently may be, and shall forfeit his fare. Any passenger wilfully cutting the lining, removing or defacing the number plates, breaking the windows, or otherwise damaging any of the Company’s carriages, shall be fined 5 L (A true copy.) Wrn. Reed. MANCHESTER, BOLTON, AND BURY CANAL NAVIGATION AND RAILWAY. Railway-office, Bolton-street, Salford, Sir, 28 March 1839. I have the honour to acknowledge the receipt of your letter of the 13th instant, addressed to the Directors of this Company, requiring “ a return of all bye-laws made under the authority of any Acts relating to Railroads, imposing penalties upon any persons other than those in the service of the said Company.” In reply, I am directed to inform you that the directors of this Company have not made any bye-laws, the provision contained in the Acts being at present sufficient. I am, &c. F. Maule, Esq. (signed) Jas. Ritson , Treasurer. Whitehall, Westminster. NEWCASTLE-UPON-TYNE AND CARLISLE RAILWAY. My Lord, Newcastle-upon-Tyne, 16 March 1839. I am desired by the directors to acknowledge the receipt of your Lordship’s letter calling for a return of any bye-laws made under the authority of any Acts relating to Railroads, im- posing penalties upon any persons other than those in the service of the Companies, and, in answer, to state that not any bye-laws have been made as to this Railway, the same not being as yet completed. I have, &c. (signed) John Adamson , The Right Hon. Lord John Russell, Secretary to the Directors. &c. &c. &c. Appendix, No. 2. London and South- ampton Railway. Manchester, Bolton, and Bury Canal Navigation and Railway. Newcastle-upon- Tyne and Carlisle Railway. 88 APPENDIX TO REPORT FROM THE Appendix, No. 2 . St. Helens and Runcorn Gap Railway. Sheffield and Rotherham Rail way. Stanhope and Tyne Railroad. Stockton and Darlington Rail- way. ST. HELENS AND RUNCORN GAP RAILWAY. Liverpool, 19 March 1839. In reply to your favour of the 13th instant, by direction of Lord John Russell, desiring a return of all bye-laws made under the authority of Acts of Parliament relating to this Railroad, imposing penalties upon any persons other than those in the service of the Com- pany, I have the honour to inform you that no bye-laws imposing such penalties have been made by the directors of this Company. I have, &c. F. Maule, Esq., (signed) Harmood Banner, Treasurer. Whitehall, London. SHEFFIELD AND ROTHERHAM RAILWAY. Sir, 21 March 1839. In reply to your letter of the 13th instant, respecting “ a return of all bye-laws made under the authority of any Acts relating to Railroads, imposing penalties upon any persons other than those in the service of the said Company,” I can only return the word nil, as we have not any upon the books. I have, &c. The Hon. F. Maule, Esq. (signed) Thomas Pearson, Secretary. STANHOPE AND TYNE RAILROAD. Sir, South Shields, 13 March 1839. In reply to your letter of the 13th instant, we beg to state, for the information of Lord John Russell, that the Stanhope and Tvne Railroad was not constructed under the powers of an Act of Parliament, and therefore has no bye-laws imposing the penalties alluded to in the resolution of the House of Commons, dated on the 4th of this month. We have, &c. For the Stanhope and Tyne Railroad Company and selves, The Honourable Fox Maule, London. William Harrison, A. J. Freire Marreco, ers. STOCKTON AND DARLINGTON RAILWAY. An Abstract of Penalties imposed by the Act of Parliament of Geo. 4, for making the said Railway. 1. Any person neglecting or refusing to give the collector of the rates or tolls an account in writing of the quantity of goods or other things in any waggon or other carriage, -from whence brought, and where intended to be unloaded or left, or refusing to produce a bill of lading, or giving a false account, or shall deliver any part of his lading at any other place than what is men- tioned in such account, shall forfeit for every ton so delivered 2. Any person riding, leading, or driving any horse, mule, ass, cow, or any other cattle upon the said Railway, or any part thereof, shall forfeit a sum not exceeding - - - ------- £. s. d. - 10 - 2 — — 3. Any SELECT COMMITTEE ON RAILWAYS. 89 3. Any person passing upon the said Railway with any waggon or other carriage not properly constructed, except in crossing the same by the occupier of adjoining grounds, and in passing any public or private roads, shall forfeit a sum not exceeding - - - - " " “ " 4. Every owner of waggons neglecting to euter his name and place ot abode, and the number of his waggons or other carriages, with the cleik ol the Company, and neglecting to paint such name and number in white letters and figures on a black ground, three inches high at least ; and for refusing to permit such waggons or carriages to be gauged or measured at the expense of the Company, shall forfeit a sum not exceeding - 5 . For damage, spoil, or mischief done to the said Railway, and the works thereof, or to adjoining lands, by any waggon or other carriage, or the waggoner or other person belonging thereto, if such damage do not exceed 20 l., the owner thereof shall pay the amount of such damage, spoil, or mischief, and shall also forfeit a sum not exceeding - 6 . Every wharfinger giving a preference to any person in the loading 01 un- loading of any waggon or waggons, shall forfeit a sum not exceeding 7. Any person suffering any carriage to remain on the Railway, and ob- structing the passage thereof, and shall refuse to move such carriage when required to do so, shall forfeit a sum not exceeding - - “ “ 8. Any person breaking, throwing down, or destroying, stealing or taking away any part of the said Railway, or any of the works thereof, is subject to the like pains and penalties as in case of felony. 9 . Every collector of toils who shall demand or take a greater rate oi tolls than fixed by the Company shall forfeit a sum not exceeding - Penalties imposed by the Bye-laws of the Railway Company. 1 . A train of waggons drawn by a horse or horses shall not contain more than 16 waggons, with which there shall be two attendants foi conducting the same; if a train so drawn shall contain more than 16 waggons, or containing more than 8 and less than 16 waggons, shall have only one such attendant, every driver or other person having the care of such tiain shall forfeit a sum not exceeding - - - - " 2 . Every driver or engine-man absenting himself from his horses, carriages, or steam-engines passing upon the said Railway; or furiously 01 neg- ligently driving, conducting, or managing the same ; or not having with the waggon or waggons under his charge proper breaks to icgulate the speed thereof, so as not to exceed eight miles per hour, (except in crossing public highways, in that case such waggon or waggons shall not exceed five miles per hour), and neglecting to regulate such speed accordingly, shall forfeit a sum not exceeding - - - - " ~ . 3 . Every driver or engine-man neglecting to ring his bell 100 yards previous to passing any public road, or avoiding (as much as possible) letting off steam, or refusing immediate assistance in case of accident or horses taking fright, or refusing to declare his Christian and surname and place of abode, or the name of his employer, when required by any proprietor, or any agent or servant of the Company, shall forfeit a sum not exceeding - - 4. Any person drawing off any waggon, except at the proper blanches 01 turn-out places, shall forfeit a sum not exceeding 5 . Every person passing upon the Railway with a waggon or waggons, at any other times than between the hours oi seven in the morning and six in the evening, during the months of November, December, Januaiy, and February ; and between the hours of six in the morning and eight in the evening, during the months of March, April, September, and Octobei , and between the hours of five in the morning and ten in the evening, duiing the months of May, June, July, and August, in every year, without the licence and consent of the said Company, or their general committee, shall forfeit a sum not exceeding - - - ~ " " " 6 . Every person who shall lay or deposit any coal, stone, lime, timber, 01 any other material on the Railway or footpaths, or who shall suffei any coal, stone, or other materials, which shall fall oft any waggon under his care, or which he shall teem from any such waggon, to remain on the saici Railway or footpath, and obstruct the passage thereof, or shall leave any waggon or waggons on the said Railway or footpaths so as to obstruct the passage thereof, shall, for every such offence, forfeit a sum not exceeding 7. Every engine-man, waggon or coach driver, who shall not give imme- diate notice to one of the Company’s servants of any accident happening to any waggon or other carriage on the Railway, or of any waggon or engine passing on the Railway having broken or displaced any rail, point, crossing, or switch-plate, shall, for every such offence, foifeitasum not 8. Every person who shall unload any goods or merchandize at any place or places other than and except at such places as now aie or shall be appropriated for that purpose by the Company, or who shall refuse to de- posit any goods or merchandize, which shall be discharged from, any 122. n £. s. 5 - 5 2 2 5 5 2 2 2 3 2 2 2 d. Appendix, No. 2. Stockton and Darlington Rail- way. vessel, Appendix, No. ; Stockton and Darlington Rail way. 90 APPENDIX TO REPORT FROM THE Dlace dLS? 11 . C f" age 0n an y of the Company’s wharfs, in the place dnected by the wharfinger, or superintendent of the Company, shall, for every such offence, forfeit and pay any damage or injury occasioned - thereby, and shall also forfeit a sum not exceeding - l ° CCa _ S10ne(1 _ iinie Ve min°erak y ip a T neman °u wa gg° n - dl ’ iver who shall suffer any coals, thJ ’ lr ’ ° r merchandlze to remain an unreasonable time on tne Railway in the waggons carrying or conveying the same, to the incon- venience of traders thereon, shall forfeit and pay to the Company the exceSL° f rem °T g S _ UCh g °° ds ° r nierchaildiz e, and also a sum not to. Any agent or toll collector, being himself the owner of, or interested in h0rSeS, ° r any C °f h ' )r coaches > for the conveyance of pas- lim.nrc ’ ° r passmg , 011 the Railway, being a dealer in or retailer of liquors, victuals, or any other goods, upon the Railway, without leave of the committee or sub-committee, shall forfeit a sum not exceeding - . 11 . Every engine-man, carnage-man, or waggon-driver, who shall permit any person or persons except his assistants, or the Company’s agents or eivants whilst actually engaged in, or going about the Company’s busi- ° nd ® u P°n any locomotive engine, or any waggon or carriage, under exceedmg n< . COnve y ance of passengers,' “shall forfeit asum not 12 b±7, e 7 ne - ma ^ Ca u rriage ' man ’ or waggon-driver, who shall leave the b Jf e r ots> coupling bars, or connecting chains of waggons, on any part of the Railway, except the place or places appointed by the Company’s engineer for leaving the same, shall forfeit a sum not exceeding H J _ . Every engine-man, carriage-man, or waggon-driver, leading coals, goods, 01 materials, who shall suffer the axles of any waggon or waggons, at their exceeding ^ t0 be Wlth ° Ut oil or grease,shall forl^sum Z 14 Every engine-man, waggon or coach-driver, who shall neglect to adjust the switches to answer the road he shall be going, or shall not have a good and sufficient light placed on the front of his waggon or coach, or being an engine-man on his engine or tender, and on the'" last waggon of his train when ascending or descending the Line, half an hour after sunset, shall forfeit a sum not exceeding _ 15. Every engine-man, waggon or coach-driver, who shall take a shoot or siding, and shall neglect to adjust the switches after taking such shoot or siding, shall forfeit a sum not exceeding ______ 10 . Every owner or driver of any coach or other carriage, used o~n the' Rail- Sb!? 16 Conve y an f e of Passengers, who shall refuse to conform to, or shall disobey any of the rules, orders, and regulations of the Company, or their commdtee or sub-committee, relative to the departure of any coach or other carriage from Darlington, Stockton, or any other place upon the me of Rad way or the standing place of any other coach or carriage, shall forfeit a sum not exceeding - _ _ _ _ __ 17 . Every owner or driver of any coach or other carriage, used on the' Rail- way for the conveyance of passengers, who shall carry, save for passengers only, any parcel or package exceeding 28 lbs. weight, shall forfeit and pay a sum not exceeding _ 18 Every driver of any waggon or other carrriage who shall permit or suffer an y horse or horses under his charge to go or travel upon the exceetfing ^ ^ ° f 416 Radway ’ sha11 forfeit and P a Y any sum not 1 y. Every owner or driver of any waggon, coach, or other carriage, used on the Railway for any purpose whatsoever, or any coal-fitter or other person who shall, without first obtaining the consent of the clerk, engineer, or any autlio- lized agent of the Company, draw, or cause to be drawn, any such wao-gon coach, or other carriage, along the inclined plane or planes of the Raihvay,’ with or by means of any horse or horses, or other cattle, or who shall, without having first obtained the consent of the clerk, engineer, or any authorized agent of the Company, remove or draw, or cause to be removed or lawn, any such waggon, coach, or other carriage, from any standing place, or place of deposit for waggons, coaches or carriages, on the Railway, either tor the purpose of obtaining a preference, in the loading or unloading of any such waggon coach or other carriage, or for any other purpose whatsoever, not aut h° rized as aforesaid, shall, for every such offence, forfeit and pay a sum not exceeding - ^ j 20 bmnS 7 U 1 ° f any COadl ° ther caiTia £ e > used on the Railway or sa f ° r the ^? nVey , anCe ° f P assen g ers » shall not be at liberty to use the cne thereon, without having first obtained a certificate from the clerk of * Company authorizing and permitting such owner so to do : and if any ne S ,ect or refuse to ottain such certificate; and shalh otv ithstanding use any such coach or other carriage on tile Railway or noTexcee dtag 7 ”'7 for?eit a ' ld ™ £. s. 2 - - 2 - - 5 — — - 10 - 10 - 1 - - 2 - - 2 — — 2 - - 2 - - 10 - 21. Every SELECT COMMITTEE ON RAILWAYS. 9 1 21. Every owner or driver, or other person having the charge of any coach or other carriage for the conveyance of passengers, shall deliver to the toll-collector nearest to the place from whence such coach or other carriage shall start, a daily ticket or note in writing, stating to and from what place such coach or other carriage is about to run, and also the number of pas- sengers, and the number of miles travelled by such passengers, and carried on such coach or other carriage, and shall from time to time regularly deliver such ticket or note in writing, in manner aforesaid, as often as any such coach or other carriage shall be used on the Railway or branches ; and if any such owner, driver, or other person, shall refuse or neglect so to do, he shall, for every such offence, forfeit and pay any sum not exceeding 22. Every driver of any waggon or other carriage, or any locomotive engine- man, who shall leave any empty or full waggon or waggons in any siding or passing place of the main line or branches, (except in case of accident, when the waggon or waggons are to be removed with as little delay as may be,) shall forfeit and pay any sum not exceeding - 23. Every driver or owner of any waggon, the gauge of the wheels of which, not being at the distance of 4 feet 5 | inches from the outside of the flange of each wheel, or having the tread of any wheels less than 3| inches, or the axles more than 4 feet apart, from centre to centre, shall forfeit a sum not exceeding - -- -- -- -- -- 24. Any person or persons bringing any waggon or waggons upon the Rail- way or branches, not constructed agreeable to the following dimensions, shall, for every offence, forfeit and pay any sum not exceeding Dimensions referred to. — The length of the waggon at the top outside, at its greatest extent, 8 feet 5 inches ; the width of the waggon at the top outside, at its greatest extent, 6 feet 5 inches ; extreme perpendicular height of the waggon from the rails to the top of the waggon not exceeding 6 feet 2 inches ; the length of the soles not more or less than 9 feet 6 inches, the sole ends not to project more than 9 inches from the first sheath ; soles, if of English oak, 6 inches by 5 inches ; ditto, if of other timber, 7 inches by 6 inches ; bottom sheaths, if of English oak, two 9 inches by 4 inches, and two 6 inches by 4 inches ; ditto, if of other timber, two 10 inches by 4 inches, and two 7 inches by 4 inches; the height from the top of the rail to the under side of the cleat or lining affixed to the bottom side of the sole ends not to exceed 1 foot 7 inches ; the height from the top of the rail to the bottom bar not to exceed 1 foot 9 inches ; coupling chains to be made of 1 inch round iron, and the length of the chain not to exceed 19 inches, from centre to centre of the pin-hole, the same to be rivetted to the bottom bar of the waggon ; protecting or side chains to waggon soles to be of g of an inch round iron, the end links to be 3| inches long, the rest of the links 2 | inches long; bottom bar, 3| broad by 1 g inch thick throughout; the pin-hole to be 1 \ inch diameter, and 1 | inch from the end of the bar, the bar not to project more than 7 inches from the first sheath ; coupling-chain pin to be 5 f inches long from the shoulder, 1 g inch thick at the shoulder, and 1 1 inch thick at the point, and to be made fast to the coupling chain ; drawing strap and crook to be made of 1 inch round iron; journals of axles not less than three inches in diameter, or less than 2 g inches in diameter at the centre of the axle ; wheels not less in diameter than 2 feet 10 inches, or larger than 3 feet, exclusive of the flange, which shall not exceed f of an inch in height, nor the cone of the wheel to exceed § of an inch on each side ; weight of wheels, when finished, not less than 2 \ cwt., nor to exceed 2 1 cwt. ; break handles to be 2| inches by J of an inch at the block, and taper gradually to the handle, which is to be 1| round, or 2 inches by 2 an inch ; break blocks not less than 6 inches from the top of the rail ; bottom bands, 1 § inch square. All iron waggons to be furnished with an inside chain from side to side, at the centre of the top rail of the waggon, to be made of not less than \ inch round iron, unless built with five side sheaths of half-round iron, 1 £ inch by | of an inch. The whole of the iron work herein specified to be made from the best scrap bars. All wood waggons to have the side sheaths pinned to both soles and overing, also the end sheaths pinned to the end overing. All waggons to have a piece of wood fitted in between the bottom sheaths, and bolted to the bottom bar and sheaths. 25. Every agent or servant of the Company who shall neglect to give imme- diate notice to the committee, or one of the clerks of the Company, of the infraction of any of the above rules or bye-laws, such infraction having come to his knowledge, shall forfeit a sum not exceeding - 26. Any person getting upon or riding on any engine, waggon, or other carriage used upon the Railway, without the licence, in writing, of the Company, shall forfeit any sum not exceeding - - - - 27. Any person placing, in any waggon used on the railway, any gunpowder, sulphur, or other combustible material, without having previously obtained the sanction in writing of the Company, or of their agents for the mer- chandize department for that purpose, shall forfeit any sum not exceeding 222. N 2 Appendix, No. 2. Stockton and Darlington Rail- way. 1 - - 1 - 1 - - 1 - - 1 - - l - - 2 - - Regulations 92 APPENDIX TO REPORT FROM THE Appendix, No. 2. Stockton and Darlington Rail™ way. Stratford and Moreton Railway, and Shipston Branch. Regulations for taking the Sidings. 28. A loaded train of waggons descending, meeting a loaded train ascending, the loaded train descending shall take the siding or shoot, except when the several waggons shall meet between sidings or shoot; in that case the loaded waggons ascending shall put back into the next siding or shoot down the way. 29. All empty waggons ascending or descending shall take the siding or shoot nearest, on meeting loaded waggons. 30. Locomotive engines shall be exempt from taking sidings or shoot, except in meeting another locomotive engine, in that case the empty train shall take the sidings or shoot. 31. A coach for conveyance of passengers shall not take the sidings or shoot, unless it shall meet a locomotive engine, or loaded train of waggons. 32. All locomotive engines, waggons, and other carriages passing along the Railway, and drawing or carrying coal, stone, lime, lead, merchandize or other heavy goods, shall, on being overtaken by a coach or coaches for carrying passengers, stop at the first siding or shoot such locomotive engine, waggon, and other carriages shall arrive at, and allow such coach or coaches to pass, and on approaching to meet any such coach or coaches, all such locomotive engines, waggons, and other carriages as aforesaid, shall in all cases stop at the siding or shoot next to the last siding or shoot which such coach or coaches may be at, or shall have passed, so as to allow such coach or coaches to proceed. 33. All carriage-men or waggon-drivers, ascending or descending the Line of Railway with loaded or empty waggon or waggons, shall, on the ap- proach of a locomotive engine or coach, (if the same shall be within the distance of half a mile,) on arriving at the first connecting way or passing place, put his waggon or waggons on the other Line of Railway or siding, and allow such engine or coach to proceed, and if any such carriage-men or waggon-driver shall neglect so to do, or shall in any manner impede the passage of any such engine or coach, he shall forfeit and pay a sum not exceeding ----------- 34. Every owner or driver of any coach or other carriage, drawn by a horse or horses, and used for the conveyance of passengers, shall, on the ap- proach of a locomotive engine drawing a coach or coaches, (if the same shall be within the distance of half a mile) on arriving at the first con- necting way or passing place, put his coach or coaches on the other Line of Railway, and shall allow such locomotive engine with such coach or coaches to pass and proceed, and in case any such owner or driver as aforesaid shall neglect so to do, he shall, for every such offence, forfeit and pay a sum not exceeding - -- -- -- - 35. For every infringement of any of the above regulations, respecting the taking of sidings or shoot, a penalty shall be incurred by every engine- man, carriage-man, waggon-driver, or coach-driver so infringing on any of the above regulations, not exceeding ------- £. s. d. 2 - - 2 - — 2 — — Darlington, 1 September 1837. (signed) Henry Stobart, Chairman. STRATFORD AND MORETON RAILWAY, AND SHIPSTON BRANCH. Laws, Orders, and Regulations. 1. That the owner or owners of every waggon or carriage to be used on the Railway shall cause his, her, or their name, and the number of the waggon, to be printed in large roman letters and figures thereon, of not less than two inches high ; and shall within three days after the waggon or carriage is put on the Railway, cause the same to be weighed and regis- tered by the toll-clerk, at one of the Company’s weighing-machines, and the weight marked in conspicuous characters on eacl^ side thereof; and the owner or driver of any waggon or carriage on the Railway that is not so marked, weighed, and registered, shall, for each offence, forfeit and pay any sum not exceeding --------- 2. That no waggon or carriage shall be permitted to pass on the Railway, the wheels and axles of which are not made according to the specification, to be seen at each weighing-machine of the Railway Company, or which shall not have a break to regulate the speed. 3. Any driver not giving immediate notice to one of the Company’s ser- vants of any injury or damage done to the Railway by the waggon or carriage under his care, shall for such offence forfeit and pay any sum not exceeding ------------ £. s. d. 5 - - 5 - - SELECT COMMITTEE ON RAILWAYS. 93 4. That no waggon or carriage shall be suffered to pass on the Railway that shall, with its lading, exceed four tons weight, except the lading be in one entire piece ; and the owner of any waggon or carriage laden contrary to this direction shall, for each offence, forfeit and pay any sum not exceeding ------------ 5. That if the lading of any waggon or carriage shall project from the sides or ends thereof, so as to injure the Railway or fences, or interrupt the pas- sage of other waggons or carriages, or if from want of proper repair, from neglect, or other cause, any part of the lading shall on its passage be scattered on the Railway, so as to clog the rails, or in any way injure the rails or road, or obstruct the passage on the same, the driver of such waggon or carriage shall, for each offence, forfeit and pay any sum not exceeding ------------ 6. That if any driver, or other person, shall draw or turn any waggon or carriage out of the road across the rails (except the same from accident or bad construction is disabled from proceeding), he shall, for each offence, forfeit and pay any sum not exceeding ------- 7. That if a waggon or carriage shall by accident get off the rails, the driver of the same shall immediately use every effort to replace it, and if it shall have been dragged off the rails more than 10 yards, he shall, for every yard it shall have been so dragged over and above 10, forfeit and pay any sum not exceeding --------- 8. That if any driver shall unnecessarily stop his horse, horses, waggon, or carriage, so as to obstruct the passage of the Railway, he shall, for each offence, forfeit and pay any sum not exceeding - 9. That if any person shall wilfully do any other act or thing not before mentioned, whereby the free passage on the Railway is in any way ob- structed or impeded, such person shall, for every such offence, forfeit and pay any sum not exceeding --------- 10. That if any person shall take off a break, axletree, washer, wheel, or any other part of the apparatus belonging to a waggon or carriage used on the Railway, without the consent of the owner thereof, he shall, for each offence, forfeit and pay any sum not exceeding - 11. That no driver shall, in consequence of any accident happening to his waggon, carriage, or lading, delay or obstruct the passage of the Railway for more than 15 minutes; and if at the expiration of that time he shall not have repaired the damage, so that the waggon or carriage is enabled to proceed, he shall with all possible speed remove the same from the road, on pain of forfeiting any sum not exceeding - 12. That no waggon not immediately in use shall be suffered to remain on the line of railway, or on any passing-place belonging thereto, under a penalty to the owner thereof of any sum not exceeding - 13. That when waggons or carriages are travelling in opposite directions, the driver of those which shall not have passed the distance-post placed at midway between each passing-place, and marked D., shall immediately draw back to the passing-place behind him, and remain there till the others have gone forward ; that when waggons or carriages have occasion to pass each other in contrary directions, each driver shall take the left hand ; that when full and empty waggons or carriages are travelling in the same direction, or when a carriage with passengers and a full or empty waggon or carriage are passing in the same direction, the driver of the full waggon or carriage shall allow the empty waggon, carriage, or carriage with passengers, to pass at the first turn-out ; and any driver offending against any of the foregoing regulations relative to the meeting or passing of waggons or carriages, shall, for each offence, forfeit and pay any sum not exceeding ----------- 14. That persons having occasion to convey any goods, wares, or commodities on any part of the Railway short of the weighing-machines, and without passing through any of the stop-gates, shall obtain a consent in writing for that purpose from the Company’s agent, or from one of the toll-clerks for the time being, (which consent such agent or toll-clerk is directed to grant immediately on application being made to him,) and shall deliver a declaration to such agent or toll-clerk of the weight and description of goods, and of the distance they are intended to be so conveyed ; and any owner or driver of a waggon or carriage, or other person who shall, with intent to avoid the payment of the tonnages payable to the Railway Com- pany, load, unload, or take into or from any waggon or carriage any goods, wares, merchandize, or commodities whatsoever, at any other place or places than as declared ; or if any person shall do any other act with intent to evade the payment of the tonnages, every such person so offend, ing shall, for every such offence, forfeit and pay any sum not exceeding 15. That any person (not allowed by the Act) riding, leading, or driving any horse, or other beast or cattle, on the Railroad, shall be subject to a penalty of any sum not exceeding ------ 222. n 3 £. s. d. Appendix, No. 2. Stratford and Moreton Railway, 2 - - and Shipston Branch. 2 - - 1 - - — o — 5 - - 5 - - 5 - - 2 - - 1 - - 5 - •- 5 2 - - 16 . That 94 APPENDIX TO REPORT FROM THE 16. That drivers absenting themselves from their waggon, carriages, or horses, or refusing to give their Christian and surnames when required, shall forfeit any sum not exceeding - - _ _ _ _ • _ 17. That all waggons or carriages arriving at the Company’s wharfs to be loaded or unloaded, shall be under the control of the Company’s agent oi whai finger for the time being, and shall be shifted or removed as he shall direct, with a view to the general convenience of the trade ; and any owner or driver of any waggon or carriage who shall refuse to submit to any such reasonable directions, or shall at any time on any part of the Railroad refuse to produce his ticket or tickets to any servant of the Company, shall, for each offence, forfeit and pay any sum not exceeding - 18. That no waggon or carriage shall be permitted to pass along the Rail- way at any other times than between the hours of six in the morning and six in the evening, during the months of November, December, January, and February ; between the hours of five in the morning and seven in the evening, during the months of March, April, September, and October; and between the hours of three in the morning and nine in the evening, during the months of May, June, July, and August, in every year, without the consent of the Company’s agent, or toll-clerk, for the time being, (except such waggon shall have been unavoidably delayed from accident,) under a penalty to the driver, for each offence, of any sum not exceeding - 19. That the hours, during which the gates of the Company’s wharfs shall remain open shall be the same as those in which the waggons or carriages are allowed to travel on the Railway ; and if any trader, driver, or other person, shall refuse to quit any of the wharfs at the time the Company’s agent or wharfinger is authorized to close the gates, upon being required by him so to do, such trader, driver, or other person, shall, for such offence, forfeit and pay any sum not exceeding - 20. That if any driver of a waggon or carriage, or other person, shall break the lock, or force a passage through any of the Company’s stop-gates, he shall, for each offence, forfeit and pay any sum not exceeding - 21. That no person shall make a road across, or break gaps through, or in any way injure or destroy, or cause to be injured or destroyed, any part of the fences belonging to the Railway, upon pain of forfeiting, for every such offence, any sum not exceeding - 22. That no waggon or carriage shall travel on the Railway, or business be done at any of the wharfs on Sundays, Christmas Day, or Good Friday. 23. That no wharfinger, clerk, or other servant of the Company, shall, under any pretence or colour whatever, ask, demand, or receive, for doing any part of the business incident to his employment for the Company, any other pay or gratuity whatsoever than what shall be paid him by" the said Com- pany, under a penalty of - 24. That no toll-keeper or other servant of the Company shall be a trader or carrier, or a vender of ale, beer, or spirituous liquors, under a penalty of - 25. That every w aggon or carriage travelling on the Railroad after the hour of five o’clock in the evening, in the months of November, December, January, and February ; and after the hour of six o’clock in the months of March, April, September, and October, shall carry a light, under a penalty to the owner or driver, of any sum not exceeding - - - - 26. lhat the owner or driver of any waggon or carriage shall not be allowed to carry a passenger or passengers (except the owner of the waggon, or any servants of the Company), unless licensed by the Company so to do, under a penalty to the owner, of any sum not exceeding - - - - And to the driver, of any sum not exceeding 27. lhat any person wishing to license a waggon or carriage, shall apply at one of the machine-houses for a plate, which shall be affixed to the waggon or carriage, w'here the Company’s clerk may direct, to be kept there when the waggon or carriage is travelling, and returned uninjured at the termination of such license, and a ticket stating the number of days he intends to license, both of which he shall receive on payment of the amount of such license. 28. That every person wishing to license his waggon or carriage to travel at a greater speed than is usual on the Railroad, may, by paying 1 s. per day, obtain a ticket, which will entitle him to pass every waggon which has not a similar ticket, at the first turn-out. 29. Every owner or driver of any waggon or carriage refusing to allow the waggon or carriage with such ticket to pass, to forfeit and pay any sum not exceeding 30. Every waggon or carriage with such ticket must travel at the rate of eight miles an hour, unless impeded by loaded waggons, or when stopping to take in passengers, under a penalty to the owner thereof, of any sum not exceeding _______ 31. That the owner or driver of every waggon or carriage, licensed for the carnage of passengers, shall, on passing each machine-house, declare the number of passengers and the number of miles he has carried them, under a penalty of any sum not exceeding Appendix, No. 2 . Stratford and Moreton Railway, and Shipston Branch. £. s. d. l - - 2 - - 1 - 5 - - 5 - - 6 - - 2 - - 5 - - 2 - - 2 - - - 10 - - 10 - 3 - - 2 - - 32. That 95 £. s. d. 2 - - 5 — - SELECT COMMITTEE ON RAILWAYS. 32 That any person keeping or using a plate, after the expiration of the exceeding’ C ™ nterfeit P late > sha11 ^nd pay any sum not 33 That all persons convicted in any penalty under any of the aforesaid" laws, orders, or regulations, shall, over and above the said penalty pay all ees and expenses attending such conviction, provided the said penalty tees and expenses, shaH not altogether exceed the sum of - - y ’ 34 1 hat one-third of the penalty or penalties inflicted on any offender or ° f any ° f / he f ‘ ore g° ,n g laws , orders, or regulations, shall be paid to the informer by whose evidence such offender shall be the Compan^ ^ remamder to be P aid to the chief clerk, for the use of General Directions for all Toll-Clerks Servants, and Workmen employed by the Railway Company. I hey are respectively required to take notice that the several laws, orders or regulations SptZe'cv^ ttr^s. ° beyed by aH ^ trat^ne b7 e^t 7 totl^\foc P s^^i!^^ acflng^mag^s- “ k rs y er be 0i And in S aH 1 l7dS J^fficu^tyluch to proceeding! ’ " ^ “* required to consult the Company’s chief clerk previous By order of the General Assembly, Stratford-upon-Avon, 12 December 1834 . J ' KirshaV3 - NORTH UNION RAILWAY. Sir, In reply to your letter of the imh inatn + t r , reston, 16 March 1839. of the bve-lawy Nmth Vnim Railwm J Company, Waggons, or Carriages, passing aLo- or b eing nponTe^ame’a.Tl “p luct . of E " gines ’ working the said Railway ; the breach of anv sCl, Rnlo ’ ii? by , P artie f, us,n g or Common Lnw^’ Un * ess otberv ''> s e specified/besides^uch^ mahllines of Railway ’ between paiiy’s en^neeror" othe? Toent' excUrthosT v'h^'iT h J ’l “ ntU W oved of b y lhe Com- Other Railway be b V any engines shall Luallyriavel and be on the Li T7 l "‘( t the RaiKra )b and Wl > icb intending to use his own locomotive engine shL LvTLLicL ■ C °" 1| ! ?1 " y bu f eVery J’"' s ' jn the Company of sueh intention, statbl ^ome nlL™!!" 6 ’ ^ •"?*“* ° f be inspected, whereupon the Commnv slv.li „ anient place where such engine may fourteen days from tt^^t f theiF en 8 ineer . 0r other a §A within and within seven days after P such renort n rl’rffi in ®P ec 1 t and examine, and report thereon, whether such engine is or is not fit to Ha „ . i lficate ® ba]1 be given, if required, stating should be dissatisfied with the decision of the Jr ^ R&1 Way ’ nevertheless, if such party be at liberty to refer the sufficiencv ° r ° ther ^ Gnt ’ he or th ey shall section of the Act. Y ot such locomotive engine to arbitration, under the 19ist to pass along, or^upon the said^iaiSwa 0 ^ 8 ! COa1 ’ passen g ers > or cattle, shall be permitted engineer or Sher ^ sha11 be W™* ° f by the every carriage or waggon intended tn Ha i f 1 * bad P ur P°se ; and every owner of articles usually weighfd in thetross L ^ ? onv fy ailce of ^ a ‘ °r coke, or other her name, plaJe of'abode? nlfeT ^etfi and V re( l uired 80 to do > bls ^ painted and continued in large white canifal S ° f their res P ectlv e carriages, to be enter the same with the secS^y of ^ Co^y^ T* £ * hlack g™n &c - or shall officers shall, at the 7 expense of the Company, d C ° mpany ’ S not exceeding 40s. for every such offence 7 q 1 ’ h forfeit and pa y an y sum 222 . N 4 4. Every AjipenHix, No. -j, Stratford and Moreton Railway, and Shipston Branch. North Union Railway. APPENDIX TO REPORT FROM THE Appendix, No. 2. North Union Railway. 96 4. Every engine, waggon, and carriage, being or working upon the Railway, and every engineman, fireman, breaksman, waggoner, and every other person belonging to, or attend- ing the same, shall be under the direction and control of the Company and their officers and servants, as to the times of starting, the speed of travelling, and in all other respects, so far as may be necessary to secure despatch, and good order, and the safety of the public. 5. All carriages and trains composed of carriages or waggons laden with goods or coals, shall get out of the way of any passenger or mail train when required so to do, and shall immediately go and pass into such siding as shall be pointed out and directed by the person or persons in charge of, or conducting such passenger or mail train. 6. The loading of any waggon or carriage shall not in any case overhang the rails on which such waggon or carriage is more than 18 inches on each side. 7. Every train of waggons not exceeding five in number shall be attended by one breaks- man, and if the train shall consist of more than five, an additional breaksman shall be appointed for every five waggons, and one for every fractional part beyond five complete. 8. No locomotive engine shall be allowed to propel any waggon or carriage upon or along the railway, but shall in all cases draw the same after it. 9. No waggon laden with coal, stone, gravel, goods, or general merchandize, shall be allowed to pass along the Railway on the Sabbath day. 10. No person, except the engine-man and fireman, shall be allowed to ride on any loco- motive engine or tender upon or along the Railway, without the special licence of the direc- tors in writing ; and any engine-man so permitting any person to ride shall be fined 5 s. for every offence ; and no person other than the breaksman shall be allowed to pass free on any goods, coal, or cattle waggon. 11. No person shall travel or pass on foot along or upon the Railway, or any bridge thereof, over which the Railway is laid ; and any person using the Railway, or any such bridge thereof, as a footpath, shall forfeit and pay any sum not exceeding 40 s. for every such offence ; and all gate-keepers, guards, plate-layers, and others, servants of the Com- pany, are strictly enjoined and ordered to prevent and stop all persons whatsoever from so offending. 12. No person shall ride, lead, or drive upon or along the Railway, any horse, mule, or ass, or any cow or other neat cattle, sheep, swine, or other beast or animal'; and every per- son so offending shall forfeit and pay any sum not exceeding 10 /. for every such offence. 13. No engine, waggon, or carriage shall at any time be left upon the main lines of the Railway when not working. 14. No person whatsoever shall be allowed to smoke tobacco in any first-class carriage, or in, at, or upon any of the stations, waiting-rooms, booking-offices, wharfs, or warehouses of the Company. 15. Every engine, tender, waggon, or other carriage which shall, in the opinion of the Company’s engineer or other officer appointed to inspect the same, become or be unsafe and unfit to be used on the Railway, shall immediately be removed from off the Railway, upon orders to that effect being given by the engineer or other officer as aforesaid, either to the owner or the person having charge of the same. 16. No locomotive engine or train of carriages or waggons shall, under any pretence what- ever, be allowed to pass along the wrong line of road ; that is, along the eastern line of Rail- way in going towards Preston, or in a northerly direction, or along the western line of Railway in going towards Parkside, or in a southerly direction. 17. No waggon or other carriage shall, without consent, be loaded or unloaded while remaining on any part of the main lines of way, except carriages for the conveyance of pas- sengers, stopping to take up or set down passengers at any of the places appointed for that purpose ; and all carriages and waggons, while at any of the Company’s stations, shall be under the control of the Company’s officers. 18. No persons shall be permitted to sell, or offer for sale, any liquors, beer, or other article upon the line of Railway, or at any of the stations; and all guards, policemen, porters, and others, servants of the Company, are strictly enjoined to remove every person offending against this bye-law, and immediately to give such information as will lead to the infliction of the penalty for so doing. 19. Any passenger in a state of intoxication, committing any nuisance, or interfering with the comfort of other passengers, or not attending to the directions of the guard, in cases where the personal safety of himself or any of the passengers is concerned, shall immedi- ately, or so soon as the same can conveniently be done, be removed from the Company’s premises, without being entitled to have any part of the fare returned. 20. Any servant of the Company accepting any fee, gratuity, or reward, or asking or demanding such from any passenger or other person, for services rendered, or for any pur- pose whatsoever connected with the Railway, shall be instantly dismissed. 21. The drivers or conductors of all public coaches, omnibuses, or other carriages that may be admitted into the Company’s premises, shall obey every direction or order that may be given them by any of the Company’s agents or servants, while on the said premises ; and every driver or other person refusing to obey such directions or orders shall forfeit and pay the sum of 10 s. for every such refusal. Given under the common seal of the North Union Railway, this 5th day of October 1838. * (L. s.) SELECT COMMITTEE ON RAILWAYS. 97 GREAT WESTERN RAILWAY. Sir, Office, Princes-street, Bank, 14 March 1039. I have the honour to acknowledge the receipt of your letter of yesterday's date, addressed to the Directors of this Company, by whom I am directed to transmit to you, for the purpose of being presented to the House of Commons, “ A Return of all the Bye-laws made under the authority of Acts of Parliament, imposing penalties upon any persons other than those in the service of the Great Western Railway Company.” I have, &c. Hon. Fox Maule, m. p., &c. (signed) Charles A. Saunders , Secretary. Home Office. A Return of all Bye-Laws of the Great Western Railway Company, made under pro- visions of their Acts of Parliament, imposing Penalties upon any Persons other than those in the service of the said Company. That if any passenger shall refuse to produce or deliver up his ticket when required so to do by the conductor, guard or other attendant on the train, he shall be chargeable with the fare for the entire journey, and shall be subject to the penalty of 40s. That no smoking be allowed in any of the carriages or stations of the Company, under a penalty of 40s., and the liability of removal from the Company’s premises or carriages. That if any passenger shall conduct himself improperly, to the annoyance of other passen- gers, or shall be intoxicated, or wilfully obstruct any of the Company’s officers in the dis- charge of their duty, he shall be subject to a penalty of 40 s., and be immediately removed from the Company’s premises or carriages, and shall forfeit any fare which he may have paid. That if any passenger shall wilfully damage any part of the Company’s carriages, stations or other property, he shall be fined 5/. over and above the cost of repairing such damage ; and all accidental damage shall be paid for by the party committing the same. That if any passenger shall attempt to force his way into a carriage without having pre- viously procured a ticket, or shall occupy (without permission) a superior class carriage to that for which he has obtained a ticket, or shall continue his journey in the Company’s carriages beyond the place for which he shall have paid his fare, he shall be liable to a fine of 40s., in addition to the full fare of the entire journey. (A true copy.) (signed) Charles A. Saunders, Secretary. WHITBY AND PICKERING RAILWAY. RETURN of all Bye-Laws, Rules and Orders made under the authority of the Act passed in the Third Year of the Reign of his late Majesty King William the Fourth, intituled, “ An Act for making a Railway from Whitby to Pickering, in the North Riding of the County of York .” £. s. d. Every driver absenting himself from his horses or carriages passing upon the said Railway, or furiously or negligently driving, conducting, or managing the same, or not having with the waggon or waggons under his charge proper breaks to regulate the speed thereof, so as not to exceed six miles per hour, and neglecting to regulate such speed accordingly, shall forfeit a sum not exceeding ---------- Every driver neglecting to blow his horn 100 yards previous to passing any public road, or refusing immediate assistance in case of accident, or horses taking fright, or refusing to declare his Christian or surname, and place of abode, or name of his employer, when required by any proprietor, or any agent or servant of the Company, shall forfeit a sum not exceeding - Any person drawing off any waggon, except at the proper branches or turn- out places, shall forfeit a sum not exceeding ------ Every person passing upon the Railway with a waggon or waggons earlier than one hour before sunrise, or later than one hour after sunset, without leave in writing from the Company or their agents, shall forfeit a sum not exceeding - -- -- -- -- -- - Every person who shall lay or deposit any coal, stone, lime, timber or any other material on the Railway, or footpaths on the sides thereof, shall for every such offence forfeit a sum not exceeding - - - - - Every person who shall suffer any coal, stone, lime or other materials which shall fall off any waggon under his care, or which he shall team from any such waggon, to remain on the Railway, or on the sides thereof, and ob- struct the passage thereof, shall for every such offence forfeit a sum not exceeding - -- -- -- -- -- - 2 - - 2 - - 5 - - 2 — - 2 - - 2 - - 222 . Every Appendix, No. 2. Great Western Railway. Whitby and Pick- ering Railway. o 9 » APPENDIX TO REPORT FROM THE Appendix, No. 2. Whitby and Pick- ering Railway. ..very waggon or coach driver who shall not give immediate notice to one of £. the Company s servants of any accident happening to any waggon or other carriage on the Railway, or of any waggon passing on the Railway having broken or displaced any rail, point, crossing or switch-plate, shall for every such offence forfeit a sum not exceeding ______ 2 Every person who shall unload any goods or merchandize at any place or places other than and except such places as now are or shall be appro- priated for that purpose by the Company, or who shall refuse to deposit any goods or merchandize which shall be discharged from any vessel, wag- gon or other carriage on any of the Company’s wharfs, in the place directed by the wharfinger or superintendent of the Company, shall for every such offence forfeit and pay any damage or injury occasioned thereby, and shall also forfeit a sum not exceeding - Every waggon-driver who shall permit any person or persons, except his as- sistants, or the Company’s agents or servants whilst actually engaged in or going about the Company’s business, to ride upon any waggon under his care not used for the conveyance of passengers, shall, for every person so taken up, forfeit a sum not exceeding - Every coachman or waggon-driver who shall leave the coupling bars or con- necting chains of waggons on any part of the Railway, except the place or places appointed by the Company’s engineer for leaving the same, shall forfeit a sum not exceeding Ever y waggon-driver leading coals, stone, lime, goods or materials who shall suffer the axles of any waggon or waggons at their bearances or journals to be without oil or grease, shall forfeit a sum not exceeding 1 Every waggon or coach-driver who shall neglect to adjust the switches, to answer the main line, shall forfeit a sum not exceeding 1 Every waggon or coach-driver who shall take a siding, and shall neglect to adjust the switches after taking such siding, shall forfeit a sum not exceed- ing ------------ Every waggoner leaving his waggons on the line when done with, and not re- moving them to a siding or place appointed, shall forfeit a sum not exceed- ing: Every owner or driver of any coach or other carriage used on the Railway for the conveyance of passengers, who shall refuse to conform to, or shall dis- obey, any of the rules, orders and regulations of the Company, or of the board or committee of directors, relative to the departure of any coach or other carriage from Whitby, Pickering, or any intermediate place upon the line of Railway, or the standing place of any other coach or carriage, shall forfeit a sum not exceeding - Every owner or driver of any coach or other carriage used on the Railway for the conveyance of passengers, who shall carry, save for passengers only, any parcel or package exceeding 28 lbs. without duly charging for and account- ing for the same to the treasurer of the Company, shall forfeit and pay a sum not exceeding - Every driver of any waggon or other carriage, who shall permit or suffer any horse or horses under his charge to go or travel upon the footpaths by the sides of the Railway, shall forfeit and pay any sum not exceeding Every owner or driver of any waggon, coach, or other carriage, used on the Railway for any purpose whatsoever, or any dealers in lime, coal, or stone, or other person, who shall, without first obtaining the consent of the trea- surer, engineer, or any authorized agent of the Company, draw or cause to be drawn any such waggon, coach, or other carriage along the inclined plane of the Railway with or by means of any horse or horses or other cattle, or who shall, without having first obtained such consent, remove or draw, or caused to be removed or drawn, any such waggon, coach, or other carriage from any standing place or places of deposit for waggons, coaches, or carriages on the Railway, either for the purpose of obtaining a preference in the loading or unloading of any such waggon, coach, or other carriage, or for any other purpose whatsoever, not authorized as aforesaid, shall for ^ every such offence forfeit and pay a sum not exceeding - Every driver or owner of any waggon, the gauge of the wheels of which not not being at the distance of 4 feet 5 § inches from the outside of the flange of each wheel, not having the tread of any wheels less than three inches, or the axles more than four feet apart from centre to centre, shall forfeit and pay any sum not exceeding - Any person or persons bringing any waggon or waggons upon the Railway or branches not constructed in a manner to be approved by the Company’s engineer, shall for every offence forfeit and pay any sum not exceeding Eve. y owner of coals, lime, stone, minerals, lead, goods, or merchandize, who shall permit the same to remain an unreasonable time on the Railway in tne waggon carrying or conveying the same, to the inconvenience of traders thereon, shall forfeit and pay to the Company the expense of removing such goods or merchandize, and also a sum not exceeding - 1 1 2 2 2 2 1 0 S. 10 10 d. An SELECT COMMITTEE ON RAILWAYS. 99 Any agent or toll collector, being himself the owner of or interested in any waggons or horses, or any coach or coaches for the conveyance of passen- gers, trading or passing on the Railway, being a dealer in or retailer of liquors, victuals, or any other goods upon the Railway, without leave of the Board or Committee of Directors, shall forfeit a sum not exceeding - Any person whatever, not duly authorized, interfering with the switches or altering the same, so as to prevent their answering the main line, shall forfeit a sum not exceeding ---------- £. s. d. 5 - - 2 - - That none of the penalties by these bye-laws imposed, where the amount exceeds 105., but does not exceed 20 s., shall be mitigated to less than 5 s., nor any of the penalties above 20 s. to less than 10 s. Regulations for taking the Sidings. A loaded train of waggons descending, meeting a loaded train ascending, the loaded train descending shall take the siding, except when the several waggons shall meet between sidings, in that case the loaded waggons ascending shall put back into the next siding down the way. All empty waggons ascending or descending shall take the sidings nearest on meeting loaded waggons. A coach for the conveyance of passengers shall not take the siding unless it shall meet a loaded train of waggons. All waggons and other carriages passing along the Railway, and carrying coal, stone, lime, lead, merchandize, or any other heavy goods, shall, on being overtaken by a coach or coaches for carrying passengers, stop at the first siding such waggon and other carriage shall arrive at, and allow such coach or coaches to pass ; and on approaching to meet any such coach or coaches, all waggons and other carriages as aforesaid shall in all cases stop at the siding next to the last siding which such coach or coaches may be at or shall have passed, so as to allow any such coach or coaches to proceed. All waggon-drivers ascending or descending the line of Railway with loaded or empty waggon or waggons, shall, on the approach of a coach (if the same shall be within the distance of half a mile), on arriving at the first siding, put his waggon or waggons thereon, and allow such coach to pass on, and if any such waggon-driver shall neglect so to do, he shall forfeit and pay a sum not exceeding - -- -- -- -- - For every infringement of any of the above regulations respecting the taking of sidings, except the last, a penalty shall be incurred by every waggon-driver or coach-driver so infringing on any of the above regulations not exceeding As to Persons using the Railway on Foot. That no persons be allowed to walk along the Railway but upon payment of such toll or other compensation, and subject to such regulations, as the Directors shall from time to time think proper to order and appoint. £. s. d . 2 - 10 EDINBURGH AND DALKEITH RAILWAY. Sir, Edinburgh, 18 March 1839. In answer to your letter of 13th instant, I beg to send you the enclosed Return of all Bye-laws imposing penalties upon any persons other than those in the service of the Edin- burgh and Dalkeith Railway Company. I have, &c. The Hon. Fox Maule. (signed) James Hay Mackenzie, Joint Clerk. Regulations established by the Edinburgh and Dalkeith Railway Company, under Authority of the Acts 7 Geo. 4, c. 98, 10 Geo. 4, c. 122, and 4 8c 5 Will. 4, c. 71. 1. Every person who shall pull down, deface, or destroy, any printed order or public notice, or who shall walk or ride on any part of the Railways, or any depot, or shall do damage to any of the works, or shall throw any stones, rubbish, or other thing upon the Railway or other works, or who shall, by any means, obstruct the free passage along the Railway, shall pay the expense of repairing any damage he may have done, and incur, for each offence, a penalty not exceeding 5 l. 2. Every person who shall walk, ride, lead, or drive any horse or other beast, or who shall conduct any cart or carriage, not constructed in conformity to the rules prescribed by the Company, along the Railway, or upon any of the depots, shall incur, for each offence, a penalty not exceeding 5 l. But the owners and occupiers of the lands through which the Railway passes, and their servants or workmen, may cross the Railway for the occupation of their respective farms, not damaging or obstructing it under a penalty of 5 l. 222 . 02 3 . Every Appendix, No. 2. Whitby and Pick- ering Railway. Edinburgh and Dalkeith Railway. 100 APPENDIX TO REPORT FROM THE Appendix, No. 2. Edinburgh and Dalkeith Railway. 3. Every owner or person in charge of waggons or carriages, who shall neglect or refuse to pay the rates, or any part of the rates, shall have his goods, waggons, and beast detained ; and, if payment be not made within three days after the seizure, they shall be sold for pay- ment of the rates and the expenses. 4. Every owner or person in charge of waggons, who shall make a fraudulent claim of exemption from rates, shall forfeit, for each offence, 5 /. b. Every owner or person in charge of any waggon or carriage obstructing the Railway or any wharf, shall, for each offence, forfeit 2 1 . 6. Every person in charge of waggons, neglecting to shut any gate after he has passed through, shall, for each offence, incur a penalty not exceeding 5 l. 7. Every owner or person in charge of waggons, who shall have the gross Weight of any waggon, and its load, greater than 3 | tons avoirdupois, or who shall refuse to allow any of his waggons to be weighed, or gauged, or measured, by any officer of the Company, when required, or who shall neglect to have on each of his waggons the owner’s name and place of abode, its tare and its number, painted in white letters and figures, two inches high, on a black ground, or who shall have the load of any waggon projecting more than 12 inches beyond the flanch of its wheel on either side, shall incur, for each separate offence, a penalty not exceeding bl. 8. Every owner or person in charge of waggons, who shall neglect or refuse to give to the collector appointed to receive it, a bill of lading, containing an account, signed by him, or by the owner or consigner of the goods, of the weight of the goods, or number of passen- gers or parcels in each of his waggons, with the names of the places whence they have come, and whither they are going, or who shall give a false account of his goods, or shall deliver any of them at any other place than is stated in his way-bill, or who shall load or unload any waggon at any other place than a wharf, branch Railway, or other place, permitted by the Company, shall incur, for each separate offence, a penalty not exceeding bl.; and manure or fulzie of any kind shall not be unloaded, nor laid down, nor loaded, nor shall remain at any other place than the depots appointed for that purpose, unless specially per- mitted by the committee or manager. 9. Every collector who shall charge a greater or less amount of dues than the Company have authorized, shall incur, for each offence, a penalty not exceeding 10Z. 10. No coals or other articles shall be placed in any of the Company’s depots or wharfs, unless they have been carried, or are to be carried, on the Railway ; and no coals shall be carted out of St. Leonard’s depot without having been weighed on the Company’s steel- yards, and no cart shall be brought into any of the Company’s depots which has not painted legibly on one side its owner’s name and place of abode, and its tare, under a penalty, for each offence, not exceeding bl. 1 1 . Every person who shall, without leave granted by the committee or the manager, con- duct any waggon or carriage past the station of any collector during any other time of the day than between six o’clock a. m. and eight o’clock p. m., in the months of April, May, June, July, August, and September ; between seven o’clock a. m. and seven o’clock p. m., in the months of October, November, December, January, February, and March, shall incur, for each offence, a penalty of bl. 12. Every person in charge of waggons, who shall absent himself from his horses or waggons, or who shall draw off any waggon, except at the proper off-sets, or who shall allow anything which may fall from his waggons to remain upon the Railway, or who shall refuse to give his name and place of abode, or to show his way-bill or his pass to any officer of the Company who may demand the same, shall incur, for each offence, a penalty not exceeding bl. 13. Owners of waggons shall be liable for damages caused by their servants, and shall have a claim on account thereof against such servants. 14. No person shall smoke tobacco in or near to any carriage or shelter-house ; and no person who is drunk or filthy, or in any way a nuisance to the passengers generally, shall enter or remain in any coach or shelter-house, and no dog shall be placed in the inside of any coach ; nor shall any person whatsoever do or say anything to annoy or alarm any other person or any passenger in a carriage, nor shall any person disobey or resist the directions of any of the Company’s officers, or refuse to quit any carriage or house, or other premises of the Company, under a penalty of 5 l. for each offence. 15. Every person using or walking on any part of the Railways, or any of the depots, or travelling in any railway-carriage, shall, in all matters, submit to the directions of the manager or other officer of the Company, under a penalty, for each offence, not exceeding bl. ; and the officers of the Company are authorized to seize and detain any person resisting their directions, or committing damage, or creating disturbance and annoyance to the pas- sengers in any carriage, or trespassing on, or obstructing the Railway, or any depot, and to carry such person before a justice of the peace without any warrant, or to force such person out of any carriage, and out of the Company’s premises. 16. Every waggon and carriage used upon any part of the Railways shall be constructed, either in conformity to a pattern shown by the manager, or according to a specification issued by him, under a penalty not exceeding bl. for each time it shall be used upon the Railways ; and the manager is authorized to turn off the Railways every waggon or carriage which is not made to his satisfaction. 17. All waggons or carriages moving along the Railway, or any of its branches, shall generally be kept upon the line which is on the left of the direction in which they are going. 18. When a person in charge of waggons arrives at a passing-place, or at a branch railway, which SELECT COMMITTEE ON RAILWAYS. 101 which lie means to enter, and sees a carriage or waggons advancing between him and the next passing-place, he shall stop until the advancing carriage or waggons have passed him ; and carriages or waggons that are waited for shall be hastened as much as possible. 19. In the event of waggons or carriages meeting between passing-places, owing to its having been impossible for their attendants to see each other, the following rules shall be observed : 1st, When both trains are loaded, or both empty, those nearest to a passing- place, or furthest from reaching the half-way mark, shall give way ; 2d, Empty waggons shall always give way to loaded waggons or carriages ; 3d, On the Leith and Fisherrow inclines, all waggons and carriages ascending shall always give way to loaded burden- waggons descending ; and, on the Fisherrow incline, a train of more than four empty wag- gons must always be allowed to descend to the nearest passing-place ; 4th, Every means must be taken, which circumstances will admit, to facilitate the ready passage of every carriage containing passengers, and all other carriages or waggons, whether loaded or empty, shall, in as far as possible, and with all possible speed, give way to carriages containing passengers. 20. When a driver of waggons, or of a coach, running under the rate of eight miles an hour, observes or hears a coach advancing behind him at a quicker rate, he shall hasten to the next passing-place, and shall stop and allow such fast travelling coach to pass him ; but a coach shall never be passed until it has been stopped. 21. Every driver of carriages or waggons shall keep a constant look out in front of his horse, and shall not, on any account, lie down in a waggon, he shall walk by his horse’s head at each off-set plate, and within 50 feet of the same, and shall adjust the switches to answer the road which he may wish his waggons to enter ; and, when his waggons have passed any off-set plates, he shall always adjust the switch or switches to answer waggons going on the main road; but the drivers of coaches are exempted from alighting and adjusting the switches after having passed them. 22. On Fisherrow branch, not more than four loaded waggons with screw breaks, or three loaded waggons, or six empty ones with lever breaks, shall be allowed to descend in charge of a single driver ; when waggons or carriages arrive at the bottom of the said branch, they shall always be stopped on the south side of the high road between Edinburgh and Musselburgh, and shall, on no account, be allowed to cross that road by means of their acquired speed, nor to stand still upon the road ; and, as soon as the waggons have been drawn across the road, their driver shall open the switch at the bottom of the inclined plane. 23. No waggon nor coach shall be allowed to enter any off-set plate, at a speed exceeding four miles an hour ; nor shall any waggon or coach be allowed to descend the Edinburgh or Fisherrow inclined plane at a speed greater than six miles an hour. 24. The hours of departure of coaches, and every arrangement connected with the con- veyance of passengers and goods on the Railway, shall be such as the manager of the Rail- way approves of and authorizes ; and every coach shall start punctually at its advertised hour: and no coach shall commence any trip on the Railway at any other time of the day than one of the hours stated in the tables relating thereto, placed upon the collector’s offices; and coaches or waggons departing at the same, or nearly the same time, shall keep together during their journey, the distance between two coaches being neither more nor less than 20 yards. And the speed of coaches shall be above an average of eight miles per hour. 25. The driver of every coach shall have a horn, which he shall sound at all times when he is approaching any road ; he shall begin to sound when he is at least 50 yards distant from the road, aild shall continue sounding till he has crossed the road. 26. No driver shall stop his waggons that he may feed his horse, or eat his dinner, or do anything else, except at South Esk depot, the bottom of the Edinburgh incline, or other place pointed out by the Company’s servants. 27. Every carriage running upon the Railway half an hour after sunset, shall be lighted inside, and shall have two lanterns in its front containing bright lights ; and burden-wag- gons shall have one light in front of the leading waggon of each train ; and waggons or carriages that have no light at such time, shall everywhere give way to waggons or carriages that have a light or lights. 28. No carriage with passengers shall ascend or descend any inclined plane without a person stationed at each of its two friction levers, ready to use the same when required ; and no carriage that has only one friction lever shall descend any inclined plane without being coupled to another carriage having also a friction lever. 29. No carriage shall have a greater number of persons placed in it than has been fixed by the manager of the Railway, and marked upon the carriage ; and no person shall be allowed to sit or stand upon the trams between two carriages, nor upon the top of any carriage. 30. No carriage shall be stopped for the purpose of having the passengers’ tickets taken from them at any other place than one of the Railway collectors’ offices ; and no carriage shall on any account be detained at the bottom of any inclined plane after having descended, but shall, without delay, have the horse yoked and be drawn away. 31. Every waggon or carriage shall be stopped at each collector’s station until the col- lector or other officer of the Company shall order it to be drawn away. 32. The front seat of the foremost carriage shall be always kept gratis, for the use of the Company’s officers. 33. No person shall be employed as a driver of any waggon or carriage, nor in any other capacity, upon the Railway or any depot, unless he is approved of by the manager ; nor 22 2. 03 shall Appendix, No. 2. F.dinburgh and Dalkeith Railway. 102 APPENDIX TO REPORT FROM THE Appendix, No. 2 . Edinburgh and Dalkeith Railway, shall any person be upon the Railway, nor in any of the Company’s premises, unless he is permitted by the manager of the Railway. 34. No person shall sell tickets, or otherwise invite passengers to a coach, except within an office allotted for that purpose : nor shall sales of coals or other goods be attempted except within the offices let for that purpose. 35. No person in charge of a cart shall sit upon the cart while it is in the Company’s premises, but shall walk by his horse’s head, and keep hold of the halter or bridle. 30. No horse shall be employed upon the Railway unless he is approved of by the manager ; and all harness, reins, &c. of horses, and the couplings, steps, lamp-irons, and lamps, and all appointments of coaches, shall be in a complete and efficient state, and the dress of drivers shall be to the satisfaction of the manager. 37. If any person shall drive any carriage or waggon recklessly or furiously, or so as to injure or endanger any person or property ; or shall drive it against any other carriage or waggon, or shall drive it over the rails, or shall allow it to run a-main, or shall create any disturbance or obstruction upon the Railway or any depot, or shall strike or u.se any abu- sive language towards any of the Company’s servants, or other person, or shall cause any alarm or annoyance to any passenger, or shall disobey, or aid in disobeying, the directions of any of the Company’s officers, or shall refuse to quit the Railway or other premises of the Company, when warned to do so, he shall forfeit the highest penalty. 38. Every servant of the Company is bound to enforce compliance with every regulation or to report to the manager every neglect of the same, under a penalty of 10 s. * 1 2 3 4 5 & 7 8 9 39. Every person committing a breach of any one, or any part of any one, of the fore- going regulations, shall forfeit and pay a penalty, not exceeding hi. sterling for each offence. By order of a general meeting of the Company, held the 29th July 1835. (l- s.) D. Ranldne, Manager. Jas. Hay Mackenzie, Joint-Clerk. GARNKIRK AND GLASGOW RAILWAY. Garnkirk and Glas- Sir > Glasgow, 27 March 1839. gow Railway. In obedience to your request, I beg to enclose three copies (in different forms) of the bye- • laws and regulations of the Garnkirk and Glasgow Railway Company. In consequence of a clause in an Act passed in last session of Parliament, regarding this Company, the regula- tions were submitted to and approved of by the sheriff of the county ; but similar rules were in force for several years previously. If a return, in any other form, is requisite, it shall be furnished when desired. I have, &c. The Hon. Fox Maule, (signed) Charles Alexander King, &c. &c. &c. Secretary. Regulations and Penalties. BY the Acts of Parliament, 7th Geo. 4, c. 103, and 1st & 2d Victoria, c. 60, the Penalties, herein undermentioned, are authorized to be levied for each of the following Offences committed on the said Railway, or on the Works and Property therewith connected : 1. Injuring any printed order or notice, hi. 2. Unauthorized persons, or horses, cattle, or any other thing, passing over or along, or in any way using the Railway, or paths or property of the Railway Company, 10/. 3. Injuring or deranging any part of the Railway or works, or placing or throwing any stone or other thing thereon, or extinguishing any light thereon, or on the engines or car- riages, 10 /. 4. Waggons or other carriages passing along any part of the Railway, unless properly fitted therefor, to the satisfaction of the Company’s engineer, 5 l. 5. Not having the owner’s name and place of abode, and the number, conspicuously painted on each waggon, 5 l. 6. Altering, erasing, or destroying the name or figures on waggons or other carriages, 5 l. 7. Overloading any waggon or other carriage, or allowing loading to project, so as to obstruct the passage of other carriages, or spilling anything upon the Railway or works, 2 l. 8. Refusing to permit waggons or other carriages to be gauged or measured, 5 l. 9. Suffering waggons or other carriages to obstruct the passage of the Railway, or not removing them on request made, 2 /. ; and 2 1. for every hour they remain aftei such request. 10. Neglecting to shut gates on Railway, hi. _ 11. Owners or persons in charge of waggons and goods neglecting or refusing to give the collectors a true written account of the quantity of goods carried, from whence brought, and where to be unloaded, or to produce a bill of lading, or giving a false account, or delivering any goods elsewhere than the place mentioned in such account, 10 5. for each ton so carried. 12. Fraudulently SELECT COMMITTEE ON RAILWAYS. 103 12 . Fraudulently carrying or conveying anything on the Railway on payment of lower rates Appendix No 2 than are leviable, 5 1. 11 ' ’ 13. Loading or unloading goods elsewhere than at the regular wharfs or loading Garnkirk andCdas- places, 5 /. g 0W Kailway. 14. Sending or carrying by the Railway aqua fortis, vitriol, gunpowder, or other goods of - a dangerous nature, without distinctly marking the nature thereof on the outside of the package, or giving notice in writing to the Company’s proper servant with whom the same is left, at the time of sending, 10 /. 15. Any wharfinger or other servant of the Company showing partiality in loading or unloading waggons, 2 /. 16. Collectors, on receiving payment of dues, refusing to give a ticket denoting such payment, or to tell their names when demanded, or using scurrilous language, 5 /. 17. Any person in the Company’s service found in a state of drunkenness on the Railway, or depots, or other premises, 5 /. 18. Any person summoned as a witness before any magistrate, in relation to any offence or matter referred to in said Acts, and refusing or neglecting to appear, on tender of reason- able expenses, or refusing to give evidence, 10 /. By the said Acts, P ower is also given to make and enforce the following Bye-laws and Regulations, Neglect or Contravention of any of which subjects the Party in fault to be fined in any Sum not exceeding 5 /. sterling. 1 . No person shall pass upon the Railway with waggons or other carriages earlier than one hour before sunrise, or later than one hour after sunset upon work-days, nor at any time upon Sundays, without written leave from the Company. 2 . The owner’s name and designation, and the number of every waggon, engine, or other carriage, to be put on the Railway, shall be entered at the Company’s office before bein«- run on the Railway. 3. No single waggon with its load, shall exceed the gross weight of four tons avoirdupois. The load shall always be sufficiently fixed and properly secured by the owner. 4. Every overloaded waggon shall, besides the penalty, be charged double tonnage and haulage dues, and the Company’s servants shall detain and unload the same at the risffi and expense of the owner or possessor of the waggon or goods ; and every waggon, having its load insecurely fixed, shall be stopped, and put aside, at the owner's risk and expense, besides the penalty. 5. Waggoners and others shall, on all occasions, obey the directions of the Company’s servants, to prevent their impeding or coming in contact with other carriages, or any other directions for the general convenience and safety of the trade. 6 . All carriages shall take the north line of rails in going east, and the south line in coming west, unless otherwise directed by the Company’s servants. Note. The passenger trains go both east and west upon the north line ; waggoners and others must therefore attend to this, to avoid interrupting these trains. 7. Waggons and other carriages shall always give way and place to locomotive engines and to passenger carriages. No person shall start waggons or other carriages from any depot or siding, or other place, when he is unable to arrive at and enter a siding with his waggon before meeting with or being overtaken by an engine, or passenger carriage, and avoid inter- rupting or delaying the same. 8 . Collision with or interruption given to locomotive engines, or to passenger carriages, by waggons or other carriages drawn by horses or otherwise; or wilful and° unnecessary interruption or collision by, or among horse-hauled waggons themselves, or by or among engines; and also collision or interruption, by engines or passenger carriages,' to or with other carriages, beyond what is necessary and permitted by the regulations. 9. No waggoner or other person shall unnecessarily stop or place any waggons or other carriages on the crossings of public roads, so as to interrupt the passage thereof 10 . Waggons when drawn off into sidings must be so placed as that they may be cleared by other carriages and their loadings, and by the engines ; or by the passenger carriages, with open doors, passing on the main line. 11. No waggon, or other carriage, shall be taken off the Railway, except at the proper offsets, nor be put on the Railway, or loaded or disloaded, except at the places authorized by the Company. J ^. ver y P erson g°i n g into or leaving a siding with a waggon, engine, or other carriage, shall adjust the switches, or other machinery, to suit the road he is taking, and shall, after passing, re-adjust the same so as not to interfere with the main line. 13. Persons disloading goods, on the Railway or depots, shall arrange or place the same as directed by the Company’s overseers or servants. 14. Persons in charge of waggons, engines, carts, or other carriages, shall not absent them- selves therefrom while they are in use upon the Railway or depots. 15. Waggoners and others shall, at all times, provide against their horses starting, or otherwise coming in the way of the engines or other carriages, or otherwise getting beyond the driver’s control. ■ 16. No person shall run or drive waggons, engines, or other carriages, negligently or reck- lessly, or at a greater speed than directed by the Company’s overseers ; and all engines, carriages, or trains going in the same direction, on the same line, shall be kept at a safe and proper distance from each other. 17. Every owner or driver of waggons, of other carriages, shall have eacli of them 222 * o 4 furnished 104 APPENDIX TO REPORT FROM THE Appendix, No. u. Garnkirk and Glas- gow Railway. furnished with a proper and sufficient break or drag, coupling chains, pins, and other requi- site gearing. ^ 18. While on the Railway in the dark, every engine or waggon, or race or train of waggons or other carriages, shall carry one or more lights, as may be necessary, so as to be distinctly visible from other carriages following or preceding them. No person shall carry or exhibit lights on the Railway, except in compliance with this regulation, or the special order of the Company. 1 19. No driver, owner, or possessor of waggons, shall allow them to go on the Railway without being properly greased. J 20. No water, oil, grease, or other thing shall be applied to the surface of the rails, or to 4 h t read °* Wa ^° n wheels * on P^tence of diminishing friction, or on any other pretence 21. All waggons, engines, and other carriages, improperly greased, or otherwise out of proper order, or incomplete in their furnishings, and all horses unfitted for safe use on the Railway, may be stopped and put aside, at the owner or driver’s expense and risk • and the driver or owner shall immediately remove the same in a safe and proper manner, as may be directed by the Company’s overseers. J 22. In descending the inclined plane of the Railway, there shall always be one dragsman to every four or less number of waggons or other carriages, except when they are hauled by engines, in which case the number of dragsmen shall be as the Company’s overseers may direct. Dragsmen shall occupy the front carriage of the train in their charge. 23. Ignorantly or negligently allowing waggons to uncouple and escape, or waggons, or trains of waggons, or other carriages, going beyond the easy control of the breaks or drags, in coming down the inclined plane, or on any other part of the Railway. 24. Coupling chains, attached to waggons and other carriages, if not used in drawing the same, shall always be hung up so as not to touch or trail upon the road. 25. No person shall, at any time, go into or upon any waggon, engine, or other carriage not being a passenger carriage, excepting the person in the bona fide and necessary change theieof; nor shall any person go upon the outside of any passenger carriage, or enter, or attempt to enter, or quit the same, while it is in motion, or at any other time than when stationed for receiving passengers, and under the direction of the persons in charge of such carriages. ° 26. Owners or persons in charge of waggons, engines, or other carriages, except autho- rised passenger carriages, permitting any person to ride upon or within the same. 27. Every person in charge of waggons or goods, or otherwise passing along the Railway, except passengers, conforming to the regulations, in the passenger coaches thereon, shall tell, on demand, his name and place of abode, and show his bill of ladin°-, or his pass to any overseer, collector, or other officer of the company. 28. Traders and others shall only use such wharfage or depot ground as may be allotted to them ; and they shall not interfere with or interrupt other trade, by occupying the ground an unreasonable time, or otherwise. 3 29. No spirits or other intoxicating liquor shall be used in the waggons, or other car- nages, nor upon the Railway, or depots, or works therewith connected." 30. All waggoners, and others, using the Railway, shall give immediate notice, to the Company s overseers, of any displacement or breakage of the rails, switches, or other parts of the works, and of any accident that may happen to any waggon, engine, or other car- riage on the Railway. Regulations for Passengers. Passengers, by the Company s coaches, shall take charge of their own luggage, for loss of, or damage to which, the Company shall not be responsible; nor shall theylbe respon- sible ioi accidents of any kind occurring from no culpable negligence on their part. Luo*- gage exceeding, in weight or bulk, what can be carried in the hand, and put under the passengers seat, and dogs and the like, shall only be carried in the passenger train when there is a spare and suitable waggon, and shall be paid for extra. Fares shall be paid, or tickets deliveied, on demand, to the collectors thereof. At the stations where tickets are sold, passengers will provide themselves with tickets before entering the carriages. Passengers shall take and keep the seats allotted to them, and shall not stand up in the carriages, oi on the seats, nor lean upon the doors, or over the sides. The carriage doors shall always be kept shut, except when they require to be opened by the persons in charge, j the Gartsherrie and Coatbridge stations, or elsewhere, when required, passengers shall shift their places in the trains, as directed by the attendants. They shall not enter or quit the carriages while they are in motion. No passengei oi other person shall unnecessarily interfere with any part of the carriages or machineiy, oi hold conversation with the enginemen, or other servants of the Company, while on dutj, ; and no passenger shall intrude upon or annoy other passengers. Smokin°" in or near the carriages shall not be permitted. No intoxicated person shall be allowed to travel by the Railway, and no spirits or intox- icating liquor shall be permitted to be used thereon or in the carriages. General Notices. All goods and property of every description, conveyed by the Railway, and liable to injury irom the weather, or from smoke, sparks, or fire, must be protected therefrom, by the owner ; SELECT COMMITTEE ON RAILWAYS. 105 owner ; and the Railway Company will not be responsible for the same, unless under a special bargain to that effect. All rates or dues are payable in advance, and on demand, otherwise the waggons, goods, or other property, may be detained, at the owner’s risk, and advertised and sold for pay- ment of the dues thereon, arrears, if any, and expenses. All persons using the Railway, or other property of the Company, shall, in every case, submit, in the first instance, to the directions of the Company’s officers. In default of payment of the penalties, offenders are liable to imprisonment for a period not exceeding three months. Masters or owners of waggons, horses, or other property on the Railway, liable for all trespasses and damages committed by persons employed by them, on the Railway and works, or on any property adjoining the same, but servants liable to repay their masters, or to imprisonment for a period not exceeding six months. All the foregoing statutory and bye-law penalties are exclusive of damages and expenses, if incurred, and do not supersede punishment under the criminal law of Scotland, in cases of malice or felony. The servants of the Company are authorized to seize and detain any unknown person or persons found upon the Railway, or depots, or other property therewith connected, without lawful cause, or in any other way infringing the regulations, and to carry such persons before a magistrate, without any warrant : and they are also authorized in all cases of danger or annoyance to the public, or the Company, in the lawful use of the Railway, to interfere summarily, and obviate or remove such danger, or nuisance, or hindrance. The constables of the Company have power to act on any part of the Railway premises, and within half a mile therefrom, for the preservation of the peace, and protection of persons and property. Glasgow, 1 December 1838. — The foregoing are the Bye-laws and Regulations submitted to, and approved of, and confirmed by me, ad interim, and referred to in my deliverance of this date, upon the memorial presented to the Sheriff of Lanarkshire, for the Garnkirk and Glasgow Railway Company. (signed) A. Alison, Railway Office, 1 December 1838. Sheriff of Lanarkshire, Charles Alex. King, Sec. ARDROSSAN AND JOHNSTONE RAILWAY. Sir, Railway-Office, Ardrossan, 21 March 1839. I am directed by the committee of management of this Railway, to acknowledge receipt of your communication to them of the 13th instant, and, as therein requested, to forward to you the enclosed copies of the Bye-laws of the Company. I have, &c. - (signed) James Moffat, Hon. Fox Maule, m.p. Clerk and Superintendent, &c. &c. 8tc. Bye-Laws and Regulations of the Ardrossan and Johnstone Railway, established by the Company of Proprietors of the Glasgow, Paisley, and Ardrossan Canal and Railway, at their Annual General Meeting, held at Paisley, on the 1st day of November 1838, under Authority of the Acts 46 Geo. 3, c. 75, and 7 & 8 Geo. 4, c. 87. By these Acts power is given to make and enforce the following Bye-laws and Regulations; neglect, contravention or infringement of any of which, subjects the party in fault to a Penalty not exceeding a l. sterling. 1. Any person who shall pull down, deface or destroy any printed order or public notice regarding the Railway, or works therewith connected ; or shall trespass on the Railway, or any depot or station, or who shall do damage to any of the works, or who shall lay down any rubbish or other nuisance upon the Railway, or any depot ; or who shall in any way interfere with the Railway works, or interrupt the free passage thereon, shall pay the ex- pense of repairing the damage they may have done, besides incurring the penalty. 2. No person shall walk or ride on the Railway, without written leave from the com- mittee of management, or the superintendent ; nor walk, lead or drive any horse, cow or other beast thereon. 3. The rates shall be payable on demand, and in case of refusal or neglect of payment, the goods, waggons, and other things may be seized and detained until payment shall have been made; and if such goods, waggons, and other things shall not be redeemed within 21 days next after the seizure, they shall be sold for payment of the rates and expenses. And any person in charge of waggons or carriages who shall make a fraudulent claim of exemp- tion from rates, shall incur the penalty. 4. The drivers, or persons in charge of waggons, shall shut the Railway gates after their waggons have passed through. 22 2 . f 5. The Appendix, No. 2. Gnrnkiik and Glas- gow Railway. Ardrossan and Johnstone Railway, Appendix, No. 2. Ardrossan and Johnstone Railway. 106 APPENDIX TO REPORT FROM THE 5. The gross weight of any waggon used on the Railway shall not exceed four tons avoirdupois ; and the load of any waggon shall not project more than 18 inches beyond a plane vertical to the flanch of the wheel on either side. 6 . Every owner or person in charge of waggons, shall give to the collector appointed to receive it, a bill of lading, signed by him, containing a true account of the number of wag- gons and weight of the goods, with the names of the places whence they have come, and whither they are going. And any person who shall neglect or refuse to do so, or who shall give a false account of his goods, or shall deliver them at any other place than is stated in his waybill, shall forfeit and pay the sum of sixpence for every ton of goods or other things which shall be in or upon any such waggons, over and above the usual rates payable for the same. 7. Collectors charging a greater or a less amount of dues, than the Company have autho- rized, will be liable in the statutory penalty. 8 . No waggon shall be allowed to pass along the Railway at any other time than between seven in the morning and five in the evening, during the months of November, December, January and February ; between five in the morning and eight in the evening during the months of March, April, September, and October ; or between four in the morning and nine in the evening, during the months of May, June, July and August in every year; with- out the written consent of the committee of management, or the superintendent. 9. No person in charge of waggons shall absent himself from his horses or waggons, while they are on their journey, nor shall leave them at any depot or wharf, until he has taken them off the main line. 10 . No waggon shall be loaded or unloaded at any other place than is permitted by the Company, nor shall be allowed to stand in any offset without such permission. 1 1 . Every person in charge of waggons shall show his waybill or pass to any officer of the Company who may demand the same ; and no person shall allow anything which may fall from his waggons to remain upon the Railway. 12 . Owners of waggons shall be answerable for any damage done or penalty incurred by their servants, they having a claim against such servants for the amount of the damage or penalty. 13. Every person in charge of waggons or goods, or who may be passing along, or in any way using the Railway (excepting passengers in the passengers’ carriages conforming to the regulations), shall tell, on demand, his name and place of abode to any officer of the Company. 14. Waggoners, and all other persons using the Railway, shall on all occasions attend to the directions of the Company’s servants, for the general convenience and safety of the trade. 15. Waggons and carriages going east shall be kept on the north line, and going west on the south line, unless when otherwise directed by the Company’s officers. 16. Waggons and carriages for goods shall always give way and place to passengers’ coaches. N o person shall leave any station, or offset, or other place, when he is unable to arrive at and enter the next offset or crossing with his waggons before meeting with or being overtaken by a passengers’ coach, and avoid interrupting or delaying the same. 17. When a person in charge of waggons arrives at a passing place, or at a branch Rail- way which he means to enter, and sees a carriage or waggons advancing between him and the next passing place, he shall stop until the advancing carriage or waggons have passed him ; and carriages or waggons that are waited for shall be hastened as much as possible. 18. In the event of waggons meeting between passing places, the following rules shall be observed: — 1 st, When both trains are loaded, or both empty, those nearest to a passing- place shall give way, and allow the others to proceed ; 2 d, Empty waggons shall always give way to loaded waggons. 19. When a driver of waggons observes or hears a passengers’ coach advancing behind him, he shall hasten with all speed to the first passing-place, and shall there stop his wag- gons, and allow such coach to pass him ; and no waggons shall ever be passed until they have been stopped. 20 . Every driver shall keep a constant look-out both before and behind his waggons, and shall not on any account lie down in a waggon ; he shall walk by his horse’s head at each offset plate, and for at least twenty yards on each side of the same, and shall adjust the switches to answer the road which he may wish his waggons to enter, and when his waggons have passed any offset plates, he shall always adjust the switches to answer waggons going on the main road: but the drivers of passengers’ coaches are exempted from alighting and adjusting the switches after having passed them. 21 . No waggons shall enter any offset plate, nor cross any public road or highway, at a speed exceeding three miles an hour (the speed of passengers’ coaches shall at these places be limited to six miles an hour); and no carriages or waggons of any description shall be allowed to stand on the crossings of public roads, so as to interrupt in any way the passage thereof. 22. All waggons departing from any colliery depot or station at the same or nearly the same time, shall be kept together during the journey, the distance between any two trains being never more than twenty yards. 23. No driver shall stop his waggons upon any part of the line for the purpose of feeding his horse, eating his dinner, or for any other purpose, unless when and where permitted by the Company’s officers. 24. Every carriage running upon the Railway half-an-hour after sunset, or earlier than half-an -hour before sunrise, shall have two lanterns in its front containing bright lights, and burden SELECT COMMITTEE ON RAILWAYS. 107 burden waggons shall have one light in front of the leading waggon of each train, and waggons or carriages that have no light at such time shall every where give way to waggons or carriages that have a light or lights ; and may besides be stopped and put aside by any of the Company’s officers, at the owner’s expense and risk. 25. All waggons and carriages shall be stopped at each collector’s station, until the col- lector or other officer of the Company shall allow them to proceed. 26. No person shall be employed as a driver of any waggon or carriage, nor in any other capacity on the Railway, or on any depot or station, unless he is approved of by the Com- pany’s superintendent ; and owners of waggons and traders on the Railway shall be liable in the statutory penalty, if they allow any persons to be in their service on the Railway, after written intimation from the superintendent that they will not be so allowed. 27- No horse, mare, or other animal shall be allowed to draw or track waggons, or do any other work upon the Railway, if objected to by the Company’s superintendent. 28. No carriage for the conveyance of passengers shall have a greater number of persons placed in it than has been fixed by the superintendent of the Railway. 29. All waggons or other carriages, out of proper order, with bent axles, or incomplete in their furnishings, and all horses unfit for the work, and which may obstruct the trade on the line, may be stopped summarily by any of the Company’s officers, and put aside at the owner’s expense and risk; and the owner or driver shall immediately remove the same, in a safe and proper manner, as they may be directed by the Company’s officers. 80. No person shall at any time go into or upon any waggon or other carriage, not being a passengers’ carriage, except the person in the actual and necessary charge thereof. 31. Owners or persons in charge of waggons or other carriages, not being a passengers’ carriage, shall not permit any person to ride in or upon the same. 32. All passengers by the Company’s coaches shall take charge of their own luggage, and the Company will not be responsible for any damage done to, or for the loss of it. Luggage exceeding in weight and bulk what can be carried in the hand, and put under the passengers’ seat, cannot be taken, unless when there is room, and the luggage paid for extra. 33. Passengers shall take and keep the seats allotted to them by the driver or guard. They shall not stand up in the carriages while they are in motion, nor lean over the doors and sides. The carriage doors shall always be kept shut, except when they require to be opened by the person in charge of the carriage. 34. Any passenger conducting himself improperly, or causing any annoyance to any other passenger, or using any improper, abusive, or scurrilous language to any person in or near the carriages, may be summarily removed from off the Railway by any of the Company’s officers ; and no person who may be intoxicated shall be allowed to enter the carriages. All smoking in or near the carriages shall be prohibited ; and the fares shall be paid when requested. 35. If any person shall drive any carriage or waggon recklessly or furiously, or shall drive it against any other carriage or waggon, or shall drive it over the rails, or shall allow it to run a main, or shall create any disturbance or obstruction upon the Railway, or any depot, or shall strike, or use any abusive language towards any of the Company’s officers or other person, or shall cause any alarm or annoyance to any passenger, or shall disobey or aid in disobeying the directions of any of the Company’s officers, or shall refuse to quit the Railway or other premises of the Company, when required or warned to do so by any officer of the Company, he shall forfeit the highest penalty. 36. No waggons, either loaded or empty, shall be allowed to stand upon either of the main lines of Railway at the Harbour of Ardrossan, unless when the owners of such waggons are engaged in shipping goods ; but in all cases the owner, or person in charge of such waggons, shall draw them off' the main line into the private offsets, to be made for that pur- pose by the parties engaged in shipping at Ardrossan, whenever they are directed to do so by any officer of the Company. 37. Every servant of the Company is bound to enforce compliance with every bye-law and regulation, or to report to the superintendent every neglect of the same. By order of the Company, (signed) James Moffat, Clerk and Superintendent. Rules of Construction for Waggons and Carriages used on the Ardrossan and Johnstone Railway. 1. Every waggon shall be furnished with a double-friction lever. 2. Every wheel shall be accurately centered, and firmly fixed on its axle. 3. The centre of the fore-wheel, and that of the hinder-wheel, shall not be farther asunder than four feet and a half. 4. The tread of every wheel shall be cylindrical, three inches and a half broad, and not less than 30 inches in diameter ; and the interior ends of the treads of opposite wheels, where the crests spring, shall be exactly four feet five inches, and three quarters of an inch, asunder. 5. The flanch or crest of every wheel shall project exactly one inch beyond the surface of the cylindrical tread, shall be one inch thick at the base, and shall have a convex bevel of half an inch on each side, so that a cross section of the crest shall have the appearance of a gothic arch. 222. p 2 Appendix, No. 2. Ardrossan and Johnstone Railway. 6. No io8 APPENDIX TO REPORT FROM THE Appendix, No. 2. (>. No pait ot any axle shall be less than three inches in diameter. veiy waggon or carriage shall have, on a conspicuous part of its near side its owner's . ,™ e a ? d P lac ® ot abot * *e, its tare and its number, painted in white letters and figures at least two inches hisrh. on a black (rmunrl ta/a ftirev nrn 1 _ 1 ^ ^ . Ardrossan and Johnstone Railway. twoTnrhpJ OI aD0< ] 1 ^’ ll . s taie anb lts number, painted in white letters and figures, at least ■ y ZeI™be,' S ' °" “ WaCk gr ° Und ’ "° lW ° Wag «° nS bd °"g“S »ne person haring the made to ti e 7£ S Z,ZZ7 Sg r 1 ° r ’" lended t0 be used on tl,e shall be noon tit Rn.K 1 f f ^ f 16 C ,°Ti ny , S engmeer or superintendent, and shall not be used tl n L U '! approved of by him, or other person appointed by the Company for t fiat pu. pose , and no carriage, for the conveyance of passengers and parcels shall he allowed to run upon the Railway without a licence from the committee of nnmao-ement 01 r iSOn t n r h r rge °, f any wa gg° n or carriage, which is not in conformity upon the Radway 1 L 8terlu « ^ time Such waggon or triage is used By order of the Company, (signed) Jas. Moffat , Clerk and Superintendent. KILMARNOCK AND TROON RAILWAY. Kilmarnock and Troon Railway. Return of the Bye-Laws of the Kilmarnock and Troon Railway Company. Enacted 4 October 1811. That all loaded waggons or other carriages employed on or using the said Railway, pro- ceeding from Kilmarnock to Troon, shall on all occasions take, use, and proceed on the rio-ht- hancl track or road ot the said Railway ; and the drivers, or other persons attending or conducting the same, shall in all cases take, use, and proceed in the middle path ; and that every person offending against this rule or order, shall for every such offence forfeit and pay to the said Company any sum not exceeding 20s. nor less than 5s. That no waggon or other carriage on or conducted along the said Railway shall on any account or pretext whatsoever be turned or driven off the proper road or track, or made to pass from one track of the said Railway to the other, except at the regular and proper p aces constructed for enabling such waggons or other carriages to turn out and pass each other ; and every person offending against this rule or order shall for every such offence * or J®*t and pay to the said Company any sum not exceeding 20s., nor less than as. I hat the owner of every waggon or other carriage employed on or using the said Railway shall keep every such waggon or other carriage in good and perfect order and condition for working on the said Railway, so as not to be liable to injure or damage the same, and so that the wheels and axles of every such waggon or other carriage be in true and perfect positions, and the opposite wheels confined to such a distance as that the centre of the tread of one wheel to the centre of the tread of the other wheel shall not exceed four feet four inches nor be less than four feet three inches ; and that such wheels shall not exceed three feet in height ; and no waggon or other carriage shall be suffered to pass on the said Railway unless the same shall be kept in such perfect order and condition as aforesaid ; and that every person offending against this rule or order, shall for every such offence forfeit and pay to the said Company any sum not exceeding 40 s., nor less than 20$.» And if at any time a waggon or waggons, or carriage or carriages, by accident or other- wise, be drawn off the road or proper track, the driver shall immediately stop until the same be placed in the proper road or track; but if it is known, or can be proved, that he has dragged a waggon or waggons, carriage or carriages, but one lineal yard after the same is out of its true road or track, he shall for every such offence forfeit and pay to the said Com- pany any sum not exceeding 20$., nor less than 10s. That no waggon or other carriage employed on or using the said Railway shall be suffered or permitted to carry a greater quantity or weight of lading than will make the a^gre^ate amount of the weight of such lading, and of such waggon or other carriage, taken together two tons and a half legal weight; and that the owner of every such waggon or other carriage cariying any greater weight, unless in conveying any one article which may happen to exceed the weight above desciibed, shali forfeit and pay to the said Company for every hundred oounds over and above such allowed weight, any sum not exceeding 20$., nor less than 10$. That no diiver or other person having the conduct of any such waggon or other carriage shall pei nn t or suffer the horses drawing the same, whether the same shall be loaded or not, to travel faster than a walk.; and that every person offending against this rule or order shall for every such offence forfeit and pay to the said Company any sum not exceeding 10$., nor less til an 3s» Enacted 17 July 1812. That if any person shall be found walking upon or running down the banks of the Rail- way, or defacing or injuring the embankments of the same, or any part of the works; or if any person using the Railroad shall not take the proper tracks specified in the Regulations formerly published, or shall leave any of the gates on the Railroad open after passing through the same, every person so offending in any of these particulars shall forfeit a sum •not exceeding 2/. sterling. SELECT COMMITTEE ON RAILWAYS. 109 Enacted 15 October 1813. That no person be allowed to drive cattle along the Railway, or to ride on horseback thereon, excepting the proprietors, the members of the committee of management, and the officers of the Company ; with certification to such persons as shall contravene this regula- tion that they will be fined in the sum of 20 s. for each contravention. Enacted 11 September 1813. That every person walking upon the slopes of the embankments of the Railway, or crossing said embankments at any other places than such as may be allowed and set out by the directions of the proprietors of the Railway, shall, upon conviction, forfeit not less than 5s., and not more than 10 s., for the first offence, and double these sums for every subsequent offence. If more than one person is found riding upon a loaded cart or waggon, the driver, upon conviction, shall forfeit not less than 5 s., and not more than 10s. That if a driver of any cart or waggon shall at any time suffer a wheel or wheels to pass upon the Railway out of their proper track, such driver shall, upon conviction, for every such offence forfeit not less than 5 s., and not more than 10s., and in the event of a repetition of the offence, these forfeitures to be not less than 10 s., nor more than 20 s. Extracted from the minute-book of the Company of Proprietors of the Kilmarnock and Troon Railway. (signed) Ceo. Douglas, Clerk to the Company. W IS HAW AND COLTNESS RAILWAY. Sir, Glasgow, 21 March 1839. Your circular, under date the 13th curt., addressed to the directors of the Wishavv and Coltness Railway, has been forwarded to me, as chairman of that body. All the bye-laws in use on the Wishavv and Coltness Railway apply equally to the servants of the traders as to the servants of the Company, and the other persons who may be concerned ; and I have therefore the honour of enclosing to you a printed copy of the whole code, which was enacted on the 30th September 1835. I have, &c. To the Honourable Fox Maule, (signed) R. Finlay, Chairman. &c. & c. Sec. Regulations and Bye-laws of the Wish aw and Coltness Railway Company, and Penalties imposed on Persons for not observing or for infringing these Regulations and Bye-laws. 1. All drivers shall carefully attend their horses, carriages, or steam-engines ; and every driver absenting himself from his horse, carriage, or steam-engine, passing upon the said Railway, or negligently driving the same, shall forfeit to the Company a sum not exceeding ------- 2. No person shall draw off any waggon, except at the proper branches, or turn-out places ; and any person infringing the regulation, shall forfeit to the Company a sum not exceeding -------- 3. No person shall pass along the Railway with waggons or carriages earlier than one hour before sunrise, or later than one hour after sunset, without leave in writing from the Company, or their agents; and every person infringing this regulation, shall forfeit to the Company a sum not exceeding 4. Every driver or owner of any waggon or carriage, shall have on each car- riage or waggon a proper brake to regulate the speed thereof; and every driver or owner of a waggon or waggons neglecting to observe this regula- tion, shall, for each carriage or waggon wanting such brake, forfeit to the Company a sum not exceeding -------- 5. No driver shall suffer any coal, stone, or other materials which shall fall off any waggon under his care, or which he shall deliver from such waggon, or which shall proceed from, or come out of such waggon, to remain on the Railway, and obstruct the passage thereof ; and every driver infringing this regulation, shall, for each offence, forfeit to the Company a sum not exceeding - -- -- -- -- -- - 6 . Every driver of a waggon or waggons, carriage or carriages, shall give immediate notice to one of the Company’s servants of any waggon or car- riage passing on the Railway having broken or displaced any rail, and every driver infringing this Regulation, shall, for each offence, forfeit to the Company a sum not exceeding -------- p 3 £. s. d . - 10 - 5 - - 2 - - 2 - - 2 — — 2 — - Appendix, No. 2. Kilmarnock and Troon Railway. Wishaw and Coltness Railway 222 . 7. All 110 APPENDIX TO REPORT FROM THE Appendix, No. 2. Wisbaw and Coltness Railway. 7. All persons discharging any goods or merchandise from any waggon or carnage, on any of the Company’s wharfs, shall be obliged to deposit the same in the place directed by the superintendent of the Company • and every person infringing this regulation shall forfeit and pay any damage or injury occasioned by such refusal, and shall also forfeit to the Company a sum not exceeding - 8. No owner of coals, lime, minerals, goods or other merchandise, shall suffer the same to remain on the Railway in the waggons, carrying or con- veying, or delivering the same upon any part of the Railway, to the incon- venience of the other traders thereon ; and every person infringing this re- gulation, shall forfeit and pay to the Company the expense of removing such goods, &c. and also a sum not exceeding _ D. No engineman shall permit any person or persons, except his assistants, or the Company s agents or servants, to ride upon any locomotive engines, or any waggon or carriage connected therewith, and every person infringing this regulation, shall forfeit to the Company a sum not exceeding - ^ 10 . No person, except the Company’s agents or servants, shall ride upon any waggons or engine passing on the Railway, without having obtained a li- cence from the Company or their superintendent ; and every person infrin- ging this regulation, shall forfeit to the Company a sum not exceeding 11 . Every engineman or waggon-driver who shall take a siding, shall be obliged to adjust the switches to answer the carriages passing on the main line, and every person neglecting to observe this regulation, shall forfeit to the Company a sum not exceeding _______ 12 . No owner of any coach or other carriage used on the Railway or branches for the conveyance of passengers shall be at liberty to use the same thereon without having first obtained leave in writing from the Company or their superintendent, authorizing and permitting such owner so to do ; and if any such owner or driver neglect or refuse to obtain a certificate, and shall notwithstanding use any such coach or carriage on the Railway or branches thereof, he shall for every such offence forfeit and pay to the Company any sum not exceeding __________ 13. Every owner or driver, or other person having the charge of any coach or other carriage for the conveyance of passengers, shall deliver to the collector nearest to the place whence such carriage shall start a ticket or note in writing, stating to and from what place such coach or carriage started, and where going to, with the number of passengers in such coach or carriage, and miles travelled by each passenger, and shall from time to time regularly deliver such ticket or note in writing, in manner aforesaid, as often as any such coach or other carriage pass the collector nearest to the place from whence such coach or carriage start; and if any such owner, driver, or other person shall refuse or neglect so to do, he shall for every such offence forfeit and pay to the Company any sum not exceeding - 14. Every owner or driver of any waggon or carriage using the Railway, the gauge of the wheels of which are not four feet five inches and a half inch from the outside of the flange of each wheel, or having the tread of any wheels less than three inches, or the axles less than two and three-quarter inches diameter at the bearings or journals, shall forfeit to the Company, for each time such waggon is moved on the Railway, a sum not exceeding ’ 15. Every waggon and its loading shall be weighed in the rotation in which they come along the Railway to the weighing-machine ; and every driver of any waggon refusing to weigh, or at any time, or on any part of the Rail- way, making use of any scurrilous or swearing language to the superin- tendent or collector, shall forfeit to the Company a sum not exceeding 16. Every waggon-driver, or any of the Company’s servants, found guilty of taking coals from the waggons passing on the Railway, shall be dismissed from their employment, and forfeit to the Company a sum not exceeding This clause affects the Company’s servants as well as the public Railway drivers. 17 . Every waggon-driver who brings his waggons in contact with others shall, besides paying the damage done to the waggons, forfeit to the Company a sum not exceeding- - 18. Every person in charge of the waggon or waggons descending the incline from Newarthill and Hamilton-road to Holytovvn and Glasgow-road , or from any part of said incline, allowing their waggon or waggons to descend at a greater velocity than four miles per hour, shall forfeit to the Company a sum not exceeding _ _ £. s. d. 2 - - 2 - - - 10 - - 10 - 1 - 10 - 1 - - 1 - - - 10 - - 10 - 2 - - - 10 - Regulations SELECT COMMITTEE ON RAILWAYS. x 1 1 Regulations for taking the Sidings. 15). Every person who shall travel upon the Railway with an empty waggon or waggons, shall be obliged to take the nearest passing-place or siding on the approach of a loaded waggon or waggons, and in case of infringing this regulation, shall forfeit and pay to the Company a sum not exceeding 20. Every person conducting a waggon or waggons, or coach or carriage, whether loaded or empty, shall be obliged, on the approach of a locomotive engine, to take the said waggon or waggons, coach or carriage, into the nearest passing-place or siding, whether behind or before him, or going forward or putting back, as the case may require, so as to allow the locomo- tive engine to proceed without stopping or slowing ; and any person con- ducting waggons or a waggon, or carriage or coach, and refusing or neglecting to observe this regulation, shall forfeit and pay to the Com- pany, a sum not exceeding --------- 21. Every locomotive engine shall be exempted from taking sidings or put- ting back, except on meeting another locomotive engine ; in that case, the locomotive engine and empty train shall take the siding, or if both trains be loaded, or both trains be empty, the train moving southward shall take the siding ; and any person infringing this regulation, shall forfeit and pay to the Company a sum not exceeding ------- 22. Empty waggons meeting any coach conveying passengers shall be obliged to take the nearest passing-place or siding; but the driver of every coach meeting a locomotive engine, shall be obliged to take the coach into the nearest passing-place or siding, behind or before ; and any person infringing this regulation shall forfeit and pay to the Company a sum not exceeding 2:3. Every person conducting a loaded waggon or waggons, carriage or car- riages, except when the carriage or carriages, waggon or waggons, are pro- pelled forward by a locomotive engine, shall be obliged, on the approach of a coach, to take the said waggon or waggons, carriage or carriages, to the nearest passing-place or siding, whether behind or before him, or going for- ward or putting back, as the case may require, so as to allow the coach to proceed without stopping or slowing ; and any person conducting loaded waggons or waggon, or carriage or carriages, and refusing or neglecting to observe this regulation, shall forfeit and pay to the Company a sum not exceeding - -- -- -- -- -- - 24. Every person conducting a waggon or waggons, loaded or empty, except the person in charge of a coach with passengers, upon the approach of other waggons or waggon, carriage or carriages, who shall break his horse out of a walk, shall forfeit and pay to the Company a sum not exceeding - 25. Should loaded and empty waggon or waggons meet a coach at a passing- place, the empty waggon or waggons shall pull in behind or before the loaded waggon or waggons on the main line of Railway, so as not to slow or stop the coach, and to allow the coach to proceed through the offset, after which the empty waggon or waggons, if before the loaded waggons or wag- gon, must put back and go through the passing-place, and allow the loaded waggons or waggon to proceed forward ; and every person refusing to do this shall forfeit and pay to the Company a sum not exceeding 26. Empty or loaded waggons, when coming through any offset, shall, upon the approach of any coach or coaches conveying passengers, and wnen going through an offset for the purpose of passing loaded waggons on the main line, shall immediately put back and pull in before the loaded wag- gons on the maifi line of road, so as to allow the coach with passengers to proceed with as little delay as possible ; any person or persons in charge of such empty or loaded waggon or waggons, infringing this regulation, shall forfeit and pay to the Company a sum not exceeding - £. s. d. - 10 - 5 - - -10 - 2 - - 1 - - 10 - - 10 - Appendix, No. 2. Wisliaw and Coltness Railway. All these penalties are to be over and above the damages and expenses which may be occasioned by the breach or neglect of any of the above regulations ; and the offenders shall also be liable to be prosecuted criminally for their offences, either at common law or under the provisions of any statute. Enacted by the Company of Proprietors at their special general meeting, held at Glasgow, on the 30th day of September 1835; and given under the common seal of the Company, in terms of the statute. «* 4 • 222 . 112 APPENDIX TO REPOUT FROM THE Appendix, No. Monkland and Kirkintilloch Railway. MONKLAND AND KIRKINTILLOCH RAILWAY. Sir, Glasgow, 21 March 1833, Your circular, under date the 13th curt., addressed to the directors of the Monkland and Kirkintilloch Railway, has been forwarded to me, as chairman of that body. All the bye-laws in use on the Monkland and Kirkintilloch Railway apply equally to the servants of the traders as to the servants of the Company, and the other persons who mav be concerned ; and I have therefore the honour of enclosing to you a printed copy of the whole code, which was enacted on the 15th April 1836. I have, &c. To the Hon. Fox Maule, (signed) It. Finlay, Chairman. &c. &c. Rules, Bye-Laws, and Regulations of the Monkland and Kirkintilloch Railway Com- pany, and Penalties imposed on Persons for not observing or infringing the same. 1. No person shall trespass on the Railway, or any of the grounds belonging to the Company ; and any person infringing this regulation, shall forfeit and pay for each offence the sum of - -- -- -- 2. No person shall throw, lay down upon, or otherwise put upon the Railway, or the tracking or footpaths thereof, or other parts thereof, any manure, lime, gravel, stones, rubbish, or other matter or thing ; any person infring- ing this regulation, shall for each offence forfeit and pay the sum of 3. No person shall break or throw down, deface, derange, or destroy any of the mile-stones, gates, or houses belonging to the said Company, or any part of the said Railway, or other works ; and every person infring- ing this regulation, shall forfeit and pay for each offence a sum not exceeding ------------ 4. No person not being a waggoner, driver or engine-man, in the immediate charge of any waggon, coach or engine on the said Railway, shall use or interfere with any waggon, coach or engine, which may be upon the said Railway, branches, or offsets thereof; and any person using, interfering with, or injuring any such waggon, coach or engine, or the goods therein, shall forfeit and pay to the Company a sum not exceeding - 5. Every owner, or waggoner, or driver of a waggon or carriage, which may come upon the said Railway, or any part thereof, and which may not have been weighed at any of the Company’s weigh-houses on passing along, shall forthwith deliver to the collector at the nearest weigh-house a note in writing, signed by him, of the quantity and contents of the said waggon or carriage, and of the place whence brought, and where the same are in- tended to be unloaded or left; and any person infringing or neglecting this regulation, shall forfeit and pay for each offence a sum not exceeding 10 s. for every ton of goods contained in such waggon or carriage. 6. All drivers shall carefully attend their horses, carriages, or steam-engines; and every driver absenting himself from his horse, carriage, or steam- engine, passing upon the said Railway, or negligently driving the same, shall forfeit to the Company a sum not exceeding - 7. No person shall draw off any waggon, except at the proper branches or turn-out places ; and any person infringing this regulation, shall forfeit to the Company a sum not exceeding ------- 8. No person shall pass along the Railway with a waggon or waggons, or carriage, earlier than one hour before sunrise, or later than one hour after sunset, without leave in writing from the Company or their agents ; and every person infringing this regulation, shall forfeit to the Company a sum not exceeding - -- -- -- -- -- 3. Every driver or owner of any waggon or carriage shall have on each car- riage or waggon a proper brake in good order, and sufficient to regulate the speed thereof ; and every driver or owner of a waggon or waggons neglecting to observe this regulation, shall, for each carriage or waggon wanting such brake, forfeit to the Company a sum not exceeding - 10. No driver shall suffer any coal, stone, or other materials which shall fall off any waggon under his care, or which he shall deliver from such waggon, or which shall proceed from, or come out of such waggon, to remain on the Railway, and obstruct the passage thereof, and no waggon or other carriage shall be loaded with a greater quantity of goods than three tons ; and every driver infringing this regulation, shall for each offence forfeit to the Company a sum not exceeding ------ 11. Every driver of a waggon or waggons shall give immediate notice to one of the Company’s servants of any waggon passing on the Railway having broken or displaced any rail; and every driver neglecting this regulation, shall for each offence forfeit to the Company a sum not exceeding - £. s. d. - 10 - 2 - 10 - 2 — — — 10 - 5 — — 2 - - 2 — — 2 — — 2 _ _ 12. All SELECT COMMITTEE ON RAILWAYS. 12. All persons discharging any goods or merchandise from any vessel, wag- son or carriage, on any of lire Company’s wharfs or quays, shall be obliged to deposit the same in the place directed by the superintendent of the Com- pany ; and every person infringing this regulation, shall forfeit and pay any damage or injury occasioned by such refusal, and shall also loifeit to the Company a sum not exceeding - - ~ ~ , " 13. No owner or driver of any waggon, coach, or carriage, shall suffer the same, or the coals, lime, minerals, goods or other merchandise therein, to remain upon the Railway, or the branches, offsets, sidings, connexions, or other parts thereof, to the inconvenience of the other traders thereon ; and every person infringing this regulation, shall forfeit and pay to the Company the expense of removing such goods, &c., and also a sum not exceeding; * - - • ~ ~ “ “ 14 . No engine-man, waggoner, or driver, shall permit any person or persons, except his immediate assistants, or the Company’s agents or servants, to ride upon any locomotive engine, or on any waggon or carriage ; and every person infringing this regulation, shall forfeit to the Company a sum not exceeding - — — 15 . No person 'except the Company’s agents, or servants, or waggoner driver in the immediate charge of waggons or carriages, shall ride upon any waggon, carriage, or engine passing on the Railway ; and every person infringing this regulation, shall forfeit to the Company a sum not exceeding — — — ~ — — “ “ ~ ^ 16 No engine-man or waggon-driver, leading coals, &c. in the Company s waggons, shall suffer the axles of such waggons, or their bearings or jour- nals, to be deficient of oil or grease; and every person neglecting this regu- lation, shall forfeit to the Company a sum not exceeding 17 . No owner or driver of any waggon or waggons shall apply water, grease, oil, or other unguent, to the periphery of the waggon or carriage wheels, or to the surface of the rails ; any person infringing this regulation, shall for- feit to the Company a sum not exceeding - - - ‘ “ “ 18 . Every enW Set For every infringement of any of the above regnlations respecting the taking of srdrngs, a penalty shall be incurred by every engine-man ^ carriage m,n 8 s V° M h “ a y «f ‘be Al l c , ai ; na a'--" iC “ or waggon-drivers ascending the line of Railwav ini ed for empty carriages, with a waggon or train of waggons and being overtaken by a locomotive engine or coach cha]] ™ 0 , ,1 c 11 ® connecting way with the main line™?ki= ’ “ arnvmg at the first so as to Slow such engine or coach to piss Wagg « ns j here °"> forfeit and pay a sum nSt exceedmg - P refasing 80 to do, shall rer using so to do, shall forfeit and pay a sum not exceeding - A7 D A II rl ... & £. s. - 10 2 - 1 - 1 - 10 10 - 10 - 10 - 10 11 these penalties aie to be over and above the damages and expenses which SELECT COMMITTEE ON RAILWAYS. H5 be occasioned by the breach or neglect of any of the above regulations; all which damages and expenses shall and may be recovered from the person or persons infringing or neglecting the above regulations, and from the masters or owners of such waggons and carriages which may infringe or neglect the same; and the offenders shall also be liable to be prosecuted criminally for their offences, either at common law, or under the provisions of any statute. Enacted and sealed with the Company’s Seal, in terms of Act of Parliament, on the 15th day of April 1830. (signed) James Mitchell, Clerk. BALLOCHNEY RAILWAY. T _ Glasgow, 21 March 1839. \ our circular of the 13th curt., addressed to the directors of the Balloclmey Railway, has been forwarded to me, as chairman of that body ; and in compliance with the requisition which it contains, I have the honour of enclosing a printed copy of the code of bye-laws in force on the Balloclmey Railway since the 7th June 1836 ; all the provisions of which (except those specially designated) apply to the servants of the traders as well as to those of the Company, and to the other persons concerned. I have, &c. To the Hon. Fox Maule, (signed) R. Finlay, Chairman. &c. & c. Rules, Bye-laws, and Regulations of the Balloclmey Raihvay Company, and Penalties imposed on Persons for not observing or infringing the same. 1. No person shall trespass on the Railway, or any of the grounds belong-iim to the Company; and every person infringing this regulation, shall forfeit and pay for each offence the sum of _ 2. No person shall throw, lay down upon, or otherwise put upon the Rail- way, or the tracking or foot-paths thereof, or other parts thereof, any manure, lime, gravel, stones, rubbish, or other matter or thing ; any per- son infringing this regulation, shall for each offence forfeit and pay the sum of - r _ 3. No person shall break or throw down, deface, derange, or destroy any of the mile-stones, gates, or houses belonging to the said Company, or any pait of the said Railway, or other works; and every person infringing this regulation, shall forfeit and pay for each offence a sum not exceeding 4. No person not being a waggoner, driver, or engine-man in the immediate charge of any waggon, coach, or engine on the said Railway, shall use or interfere with any waggon, coach, or engine which may be upon the said Railway, branches, or offsets thereof; and any person using,interferin°- \uth or injuring any such waggon, coach, or engine, or the goods therein^ shall torteit and pay to the Company a sum not exceeding - 5. twery owner or waggoner, or driver of a waggon or carriage which may come upon the said Railway, or any part thereof, and which may not have been weighed at any of the Company’s weigh-houses on passing along, shall forthwith deliver to the collector at the nearest weigh-house a note in writing, signed by him, of the quantity and contents of the said waggon or carriage, and of the place whence brought, and where the same are intended to be unloaded or left; and any person infringing or neglectino- this regulation, shall forfeit and pay for each offence a sum not exceeding 10 s. lor every ton of goods contained in such waggon or carriage. j. AI drivers shall carefully attend their horses, carriages, or steam-engines ; and every driver absenting himself from his horse, carriage, or steam- e ? g Jw’ P assin g upon the said Railway, or negligently driving the same, shaU forfeit to the Company a sum not exceeding - 7. J\ o person shall draw off any waggon except at the proper branches or urn-out places; and any person infringing this regulation, shall forfeit to tne L-ompany a sum not exceeding 8. No person shall pass along the Railway with a waggon or waocr 0 ns, or carriage, earlier than one hour before sunrise, or later than one hour after sunset, without leave in writing from the Company or their agents ; and every person infringing this regulation, shall forfeit to the Company a sum not exceeding - - - _ _ _ _ _ _ _ 9. Every driver or owner of any waggon or carriage shall have on each cainage or waggon a proper brake in good order, and sufficient to re°ulate e speed thereof; and every driver or owner of a waggon or waggons neglecting to observe this regulation, shall, for each carriage or wa » fl • ^ v. iv' ( ) . ..>■ Gaylord Birds. Makers Syracuse. N. Y. Mr. JAN. 21 . 110 $