HE 302£> WX3 I 325 REPORT FROM THE COMMITTEE ON THE MANCHESTER AND BIR¬ MINGHAM EXTENSION RAILWAY (STONE AND RUGBY) BILL. Mr. Mildmay reported from the Committee on the Manchester and Birmingham Extension Railway Bill, that they had inquired into the several matters required by the Standing Orders relative to Railway Bills, and had agreed to the following Report : First. That the Company are not authorized to raise by loan or mortgage a larger sum than one-third of their capital, and that until fifty per cent, on the whole of the capital be paid up, it is not in the power of the Company to raise any money by loan or mortgage. Seeond. That the Railway will not cross any turnpike-road, or other public carriage way, on the level. Third. That the proposed capital of the Company is £1,204,000. The amount of loans the Company are empowered to raise is £401,330. The amount of shares subscribed for is £1,001,000. The deposits paid thereon are £100,000. The names and places of residence of the Directors or Provisional Committee, with the amount of shares taken by each, appear in the Appendix hereunto annexed, marked (A). The number of shareholders who may be considered as having a local interest in the line is 125, and the amount of Capital subscribed by them is £575,750. The number ol other parties is 136, and the capital taken by them is £425,250. The number of persons subscribing for £2000 and upwards is 123, and their names, residences, and the amount for which they have severally subscribed, are stated in the Appendix hereunto annexed, marked (B). Fourth. That the present means of conveyance and communication between the proposed termini are insufficient for agricultural, commercial, manufacturing, or other purposes. With reference to the passenger traffic it appeared to the Committee, that prior to the opening of the existing Railways, the extent of that traffic was usually ascertained, for Parliamentary purposes, by assuming an average number of passengers as travelling by every coach specified in the Stamp Office returns. Since the opening of those Rail¬ ways the principal coaches have been taken from the road, and, from the mode of hooking passengers by the Railways, it also appeared that the number of persons at pre¬ sent travelling by Railway between Manchester and London, and places intermediate, cannot be ascertained. The Promoters have therefore furnished evidence of the traffic by coaches for the year ending April, 1837, the Grand Junction Railway having been opened to the public in July of that year. From this evidence, and without taking credit for any increase, a' calculation of the amount of presènt passenger traffic is stated in Ap¬ pendix (C). Fifth. That the number of passengers, and the weight and description of goods expected upon the proposed Railway, are stated in Appendix (D). The usual mode of computation has been to double the passengers travelling by coaches, post and private conveyance ; hut the Promoters have trebled the passengers travelling by the road coaches in 1837, and have taken the number of those then travelling by that route by post and private conveyance without assuming any increase in respect of the Railway. With regard to goods, the proportions assumed are :— General Merchandize . . . . . two-thirds Corn . . . . . . » one-half. Minerals , . . . . one-third. - 5i- . 326 22° die Augusti, 1839. It should be stated, that the Promoters have not taken credit for any of the traffic from Chester, and parts beyond Chester ; but it appears to the Committee that a large proportion of that traffic will he likely to pass upon this Railway. Sixth. That the amount of income expected to arise from the conveyance of passengers and goods, and in what proportion, and generally the description of goods from which the lefrgest Revenue is anticipated, appear in the Appendix (E). Seventh. That the proposed Railway is a complete and integral line between the ter¬ mini specified, and is not a part of a more extended plan now in contemplation, and likely to be hereafter submitted to Parliament. ■ 4 Eighth. That so far as the proposed Railway affords a communication between the towns of Stone, Rugeley, Lichfield, Tamworth, Atherstone, and Nuneaton, and between all those places and Manchester to the North, and between the same places (except Tam¬ worth) and London to the South, there is no competing line of Railroad existing, in pro¬ gress, or contemplation.; but so far as the same affords a communication between Tam¬ worth and London, the Birmingham and Derby and London and Birmingham Railways may be said to constitute together a competing line now existing ; and so far as the proposed Railway, in conjunction with the Manchester and Birmingham and London and Bir¬ mingham Railways, affords a communication between Manchester and the various towns and places north of Stone and London, the Grand Junction Railway between Stone and Birmingham, and the London and Birmingham Railway between Birmingham and Rugby, may he said to constitute together a competing line in existence ; but that the proposed Railway is superior to such competing lines, being shorter in point of distance and better in point of gradients. That so far as the proposed Railway, in conjunction with the Birmingham and Derby Railway, affords a communication between Derby and other parts to the eastward, and the Potteries, Manchester, Liverpool, and Chester, there is no competing line of Rail¬ way existing, in progress, or contemplation. Ninth. That there are no planes on the Railway proposed to be worked by assistant engines. Tenth. That there are no peculiar engineering difficulties in the proposed line. Eleventh. That there are no tunnels. Twelfth. That the gradients and curves are generally favorable, the steepest gradient being sixteen feet a mile, and that only for a distance of one mile and a half at a sta¬ tion, and that the smallest radius of a curve (also at a station) is three quarters of a mile. Thirteenth. That the length of the main line of Railway is fifty-four miles and sixty- seven chains, and of the branch is seven miles and fifty-six chains. Fourteenth. That the fitness of the proposed Railway, in an engineering point of view, appears to be unusually great. Fifteenth. That it is not intended that the proposed Railway should pass on a level any turnpike road or highway. Sixteenth. That the amount of the estimate of the costs and expenses to be incurred up to the time of the completion of the Railway, is ^1,158,683, and this estimate appears to he supported by evidence, and to be fully adequate for the purpose. Seventeenth. That the estimated charge of the annual expenses of the Railway and works, when completed, is one-third of the gross receipts, and the calculations on which this charge is estimated have been sufficiently proved. Eighteenth. That the calculations adduced in evidence have satisfactorily established that the revenue, after making all reasonable deductions, is likely to be sufficient to support the annual charges of the maintenance of the Railway, and still allow profit to the proprietors. Nineteenth. The number of assents, dissents, and neuters, and the length and amount of property belonging to each class traversed by the Railway, distinguishing owners from occupiers, are shown in Appendix (F). Twentieth. That the engineers examined in support of the Bill were—George Parker Bidder, John Cass Birkinshaw, and John Dixon ; and those examined in opposition to it —Joseph Lock, John Urpeth Rastrick, and John Yignoles. 22° die Angus ti1839. 327 Twenty-first. The following Petitions were referred to the Committee :—The several Petitions of Sophia Place, of Weddington, in the county of Warwick, widow ; Sir Charles Wolseley, Baronet ; and Sir George Chetwynd, Baronet ; John George Norbury, of Mancetter House, in the county of Warwick, Esquire ; the Rev. James Roberts, of Wetherley, in the county of Leicester, Clerk ; the Honourable F. G. Howard, of Elford Hall, and others ; the Right Honourable the Earl of Harrowby ; John Baggaley, of Alrewas Cottage, in the county of Stafford, Gentleman ; Elizabeth Sparrow, of Bishton Hall, in the county of Stafford, widow, and James Oldham Oldham, of Eellamore Hall, in the same county, Esquire, respectively, owners of mansions, land, and property on and near the line of the proposed Railway, complaining of the injurious crossing of their several lands and properties by the line ; and contending that no public necessity existed for the measure commensurate with the damage it would do to private pro¬ perty ; that its object was solely to save a distance of twelve miles and a half between Manchester and London—the route already established via Birmingham, the Grand Junction Railway and the Manchester and Birmingham Railway giving, as chey main¬ tained, ample means of communication : and that as for the Alrewas branch also sought to be established by this Bill, as a means of communication between Manchester and Derby and the Eastern Counties, that such communication would be far more profitably obtained by a line of Railway between Derby and Manchester along the Chernet Valley, and which they said was in contemplation, but for which no notices were given or plans deposited, and the merits of which the Committee consequently declined to enter upon. All these Petitions were severally considered by the Committee, and Counsel heard and witnesses examined in support of them. The opposition of Mr. Norbury was withdrawn. The Petitions of the London and Birmingham and Grand Junction Railway Com¬ panies stated the sufficiency of those Railways for all the purposes contemplated by the Bill,—the non-necessity of the proposed measure—the very trifling saving of time that would be effected by it—the insufficiency of the traffic on the line to support two Railways—the impolicy of making the public pay for the support of two lines where one would suffice,—and the injustice of sanctioning a parallel line for effecting the same objects for which their Railways were established, before their insufficiency has been shown, or the proprietors have derived a fair return for the outlay and risk they have incurred : the Committee decided that the Petitioners could not be heard as parties before the Committee. The Petition of the Minister, Churchwardens, and Overseers of the poor of the parish of Colton, in the county of Stafford, stated that the Liverpool and Birmingham, and Birmingham and London Railroads had given much dissatisfaction to the public, and had ruined many innkeepers, tradesmen, and others in small towns, and that the present measure is inexpedient ; but no person appeared in support of the Petition. The Petition of the Company of Proprietors of the Birmingham Canal Navigation stated that the line of the intended Railway would interfere prejudicially with their Canal, and clauses for their protection have been inserted in the Bill. The Petition of the Company of Proprietors of the Navigation from the Trent to the Mersey, stated that the Railway would injure the Petitioners by interrupting the free use of the navigation. The Petitioners were heard by counsel and witnesses. The Petition of the Midland Counties Railway Company stated that the proposed Railway would establish a competition with their Railway for part of their traffic. The Petition was referred to the Committee, who decided that the Petitioners could not be heard as parties before the Committee. A second Petition was subsequently presented from the same Company, praying the Committee to insert a clause to prevent the Stone and Rugby Railway Company from opening, for the purposes of traffic, that part of their line only which lies between Rugby and the point where it meets the Birmingham and Derby Railway. The Committee had considerable doubts whether, according to the ninth Resolution of the House of the 22nd of April last, they could receive this Petition ; but as no one appeared in support of it, in consequence of the Promoters being willing to insert the clause as required, the Committee did not consider it necessary to entertain that question. The Petition of six Shareholders of the Company, which complained of a proviso pro¬ posed to be inserted in Committee enabling the directors of the Company to agree with the Manchester and Birmingham Railway Company to apply to Parliament for power to consolidate the two Companies. The Petitioners express their great aversion to any 328 22° die Augusti, 1839. such provision. Mr. Burke was heard as agent on hehalf of this Petition, and the Com¬ mittee decided upon retaining the proviso in the Bill. Twenty-second. Your Committee further report, that the present Bill was brought under the consideration of the House at a very early period of the Session, namely, the 11th day of February, and that the Petition for the Bill having been referred to the Com¬ mittee on Petitions was there opposed on various grounds, from the 22nd day of February to the 26th day of March, the Committee sitting upon the Petition for 22 days. That leave having been obtained to proceed with the Bill, it was on the 14th day of May referred to this Committee ; that the inquiry before your Committee has occupied sixty- one days, during which forty-five persons have been examined as witnesses in support of or against the Bill. That the inquiry having been thus unusually protracted, your Committee recommend, in case the late period of the Session at which their labours have terminated should render it impossible to submit the Bill to the consideraton of the other branch of the Legislature in the present Session, that every facility should be afforded to the Promoters of the Bill in a future Session which the rules of the House will admit of. Mr. Mildmay further reported that, in pursuance of the Order of the House of the 24th day of April last, the Committee have examined and found that such Order has been complied with, and that provision is made in the Bill accordingly ; and that they had examined the allegations of the Bill and found the same to he true, and had gone through the Bill and made several amendments thereunto. 22° die Augusti, 1839. 329 APPENDIX (A). The Provisional Directors, their Residences, and the Amount of Shares held by each, are as follows. Name. Thomas Ashton Hyde Robert Barbour . George Sanders Henry Newbery Matthew Lyon John Brooks James Durham George Royle Chappell Edward S wan wick Joshua Procter Westhead Henry Tootali Robert Chapman Sharp Edward Tootali James Garrett Frost Richard Barrow . Residence, Cheshire Manchester Manchester Manchester Manchester Manchester Manchester Manchester Manchester Manchester Manchester Ashford Hall, Cheshire Manchester Manchester Raymond Buildings, Gray's Inn, London Amount in Money. £. 28,000 14,000 14,000 14,000 10,500 21,000 14,000 17,500 14,000 17,500 14,000 7,000 14,000 7,000 7,000 213,500 APPENDIX (B). The number of Persons subscribing £2,000 and upwards, their Names, Residences, and the Amount for which they have severally subscribed. Name. John Bradshaw Wanklyn John Bradshaw, junior Henry Forth William Nield James Shaw Williamson William Swindells Samuel Patteson John Hyde Thomas Ollivant James Thompson John Kay Farnworth James Simpson Robert Atkinson Hall Francis Parker George Marriott Thomas Travers Taylor Joseph Jerome James Hatton Francis Bailey James Burt John Hoyle Robert Maxwell Uriah Cooke William Koch Crescent, Salford. Pendleton, Manchester Manchester Mayfield, Manchester St. John Place, Manchester Manchester Oxford Road, Manchester Manchester Manchester Staveley, near Kendal Manchester Foxhill Bank, Blackburn 5, Greenwood Street, Manchester Quay Street, Manchester Kimberton Rectory, Salop Alkrington, Lancashire Stockport Salford Ardwick Manchester Brown Street, Manchester New Brown Street, Manchester Manchester Cooper Street, Manchester 5 K Amount of Money. £. 14,000 7,000 19.600 2,100 3,500 4,900 3,500 21,000 7,000 7,000 4,550 17,500 7,ooo 3,500 12,600 4,900 21,000 3,500 _ 7,000 14,000 4,550 3,500 2,100 2,100 330 £2° die Augitsti, 1839. Name» Samuel Thorp James Jowett John Woodcroft Thomas Deane Cephas Howard Edward Pein William Higgins Robert Henry Wilson Paul Ferdinand Willert William George Lewins Robert Rostron George Drinkwater John Burgess Thomas Hilton Joseph Joyce Thomas Hamilton George Smith John Barrett Fogg Samuel Broadbent William Rows on Joseph Birley Hugh Hornby Birley John Plant Jesse Blewe Leo Schuster Richard Ormerod Thomas Roy le Chappell Thomas Burgess Lewis Langworthy Edward Ryley Langworthy John Cooke John Cooke John Bright John Benjamin Smith David Price Thomas Ashton William Claxton Richard Gibson John Marriott Job William Seaburn May Heniy Solomon Samuel John Bewley, junior William Sudlow John Sudlow John Pilkington Brandreth Charles Taylure Rowland Roscow Charles Stewart Parker Hugh Hornby Edward Rogers Joshua Walmsley William Joseph Myers Thomas Ashton Hyde . Robert Barbour George Sanders Henry Newbury Matthew Lyon John Brooks James Durham George Royle Chappel Edward Swanwick Joshua Procter Westhead Henry Tootal Robert Chapman Sharp Edward Tootal James Garratt Frost Frank Gibson John Lewis Meilville . Thomas Tringham Smith Residence. Amount of Money. Charlotte Street, Manchester Ashton-under-Lyne Ardwick Green, Manchester Shepherd's Court, Manchester Stockport Manchester Salford Mosley Street, Manchester Manchester Manchester Stockport Stockport St. James's Square, Manchester Ardwick, Manchester 53, Market Street, Manchester St. James's Square, Manchester Hulme, near Manchester Harpenden, near St. Alban's . 20, Cannon Street, Manchester 4, New Brown Street, Manchester Manchester Swinton House, near Manchester El worth Hall, Cheshire High Street, Manchester Spring Gardens, Manchester Portland Place, Manchester Manchester Manchester Manchester Manchester Manchester Manchester Rochdale Manchester Middleton, near Manchester Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Liverpool Cheshire Manchester Manchester Manchester Manchester Manchester Manchester Manchester Manchester Manchester Manchester Ashford Hall, Cheshire Manchester Manchester 7, Union Street, Whitechapel, London 12, Angel Court, London 22, Bolton Street, London £. 7,000 2,100 3,500 2,450 4,900 2,100 7,000 3,150 2,100 5,600 10,850 2,800 15,400 2,800 2,100 7,000 7,000 8,050 3,500 3,500 5,250 4,900 2,800 2,100 4,200 2,100 2,800 3,500 3,500 7,000 8,400 7,000 3,500 11,900 3,500 7,000 2,450 3,500 5,600 4,900 9,800 10,150 7,000 14,000 3,500 14,000 2,100 6,300 14,350 3,500 7,000 3,500 28,000 14,000 14,000 14,000 10,500 21,000 14,000 17,500 14,000 17,500 14,000 7,ooo 14,000 7,000 3,850 2,100 3,500 22° die August 1839. Names. Henry Strettel Chadwick Charles Collins Blane . James Morris Richard Carlow Bowden James Whittell Lyon . Julius Bordier John Ames . Richard Bayley William James Chaplin John Joseph Hawkins . John Easthope, jun. John Brooke William Reid Thomas Tootal William Tootal Richard Dum Thomas Barff John Barff . Samuel Hinde John Whiteside James Cornelius Satterthwaite Benjamin Satterthwaite Boulton Molyneux Thomas Eskrigge * William Worthington Thomas Clement Sneyd Kennersley Robert Dolphin « James Stephenson William Wyburgh Howe Richard Barrow . 86, Hertford Street, May Fair 16, Grosvenor Street, London 25, Cateaton Street, London . Clapham Common, near London 7, Spring Gardens, London 4, Austin Friars, London 33, Green Street, Grosvenor Square, London 5, Shorter's Court, Throgmorton Street, London Adelphi, London 10, Walcot Square, Lambeth, London 39, Lothbury, London Armitage Bridge, near Huddersfield . Nine Elms, Yauxhall, London W akefield .... Wakefield .... Wakefield . . . . Wakefield .... Wakefield .... Lancaster .... Lancaster .... Lancaster .... Lancaster .... Warrington .... Warrington .... Northwich . . . . High wood, Uttoxeter . Birmingham . . Snibson Collieries, Leicestershire Shrewsbury . . . . Raymond's Buildings, Gray's Inn, London Amount of Money. £l . 20,300 10,500 2,800 3,500 3,500 23,800 7,000 4,200 2,450 2,100 2,800 7,000 2,450 3,500 3,500 4,200 3,500 3,500 2,800 2,100 12,250 3,500 2,100 2,100 5,250 5,600 5,600 7,000 2,800 7,000 876,050 APPENDIX (C). FOURTH RESOLUTION. \ . ' -A * <• The present Amount of Traffic by Land and Water ; the average Charges made for Passengers and Goods, and Time occupied. PASSENGERS. Persons annually travelling between Manchester and London [See Report, fourth Reso¬ lution] .......... 49,504 Persons annually travelling by other coaches upon the route of the proposed Railway and Branch . • • . • • • • • 34,918 Persons annually travelling with post-horses in private carriages and chaises upon the route of the proposed Railway ....... 9,984 Persons annually travelling in gigs on the route of the proposed Railway . . 3,328 The average charge by the existing Railways is 2\d. per mile. Time at present occupied by Railway between Norton Bridge, near Stone and Rugby, the nearest points to the termini of the proposed Railway . . . . 3| hours. Time at present occupied by Railway between Manchester and London . f . . lOj- hours. GOODS BY LAND. s ' --Ha Mr. Brotherton. Mr. Dugdale. ' So it passed in the negative. Parties called in. The Chairman informed them that the Committee had decided, that Mr. Bidder should not be required to furnish the particulars as proposed by Mr. Hillyard. The witness was re-called, and cross-examined by Mr. Hillyard. Mr. Serjeant Merewether objected to a question put by Mr. Hillyard, with regard to the knowledge of the witness as to evidence formerly given by Mr. Stevenson. Mr. Hillyard was heard in support. Mr. Serjeant Merewether was heard in reply. The Committee decided that the question should not be put. Adjourned till Monday, at twelve o'clock. Lunce, 17° die Junii, 1839. Mr. Ingham in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Sir G. Anson. Major Chetwynd. Captain A'Court. Sir Robert Peel. Sir P. Egerton. Mr. Copeland. Mr. Wilbraham. Mr. Buller. Mr. Spencer de Horsey. Selected Members. Mr. Yorke. Mr. Du Pre. Mr. Hale. 22° die Augustin 183,9. 347 Members added. Sir E. Wilmot. * Mr. Brotherton. Mr. Packe. Mr. Dugdale. Mr. H. Marsland. 1 Mr. Halford. Mr. Wynn Ellis. Mr. Finch. Mr. Philips. A discussion arose between Counsel with regard to the list of persons which Mr. Hill- yard had given to Mr. Bidder at the close of the inquiry on Friday, with a view to his furnishing a precise account of the property to be taken from them by the proposed. Railroad. Mr. Serjeant Merewether stated that some of these persons had withdrawn their opposition. Mr. Thesiger was heard. It was agreed to write to the respective parties to ascertain the fact of their having withdrawn their opposition. Mr. Bidder was recalled and cross-examined by Mr. Wortley. Re-examined by Mr. Serjeant Merewether. Examined by the Committee. Adjourned till at twelve o'clock. Mortis, 18" die Junii, 1839. Mr. Ingham in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Mr. Copeland. Mr. Buller. Major Chetwynd. Captain A'Court. Sir P. Egerton. Sir G. Anson. Mr. G. Wilbraham. Sir R. Peel. Mr. Spencer de Horsey. Selected Members. Mr. Yorke. Mr. Hale. Mr. Mildmay. Members added. Mr. Halford. Sir E. Wilmot. Mr. Brotherton. Mr. Finch. Mr. Packe. Mr. H. Marsland. Mr. Wynn Ellis. Mr. Dugdale. Mr. Philips. Mr. Bidder recalled and examined by the Committee, Mr. Wyatt called and examined by Mr. Talbot. Cross-examined by Mr. Wortley. On a question put by Mr. Wortley, " With, regard to the quantity of land valued in each parish on the line ?" Mr. Serjeant Merewether objected to the question. Mr. Wortley was heard in support of the question. Mr. Serjeant Merewether replied. The room was cleared. The Committee deliberated. Adjourned till To-morrow, at twelve. Mercurii, 19° die Junii, 1839. Mr. Ingham in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Sir P. Egerton. Sir G. Anson. Mr. Buller. Major Chetwynd. Captain A'Court. Mr. Copeland. Sir R. Peel. Mr. W. B. Baring. Mr. G. Wilbraham. 5 O 22° die Augusti, 1839. Selected Members. Mr. Hale. • Mr. Du Pre. Mr. Yorke. Mr. Mildmay. Members added. Mr. Wynne Ellis. Mr. Brotherton. Mr. Easthope. Mr. Packe. Mr. Halford. Sir E. Wilmot. Mr. Philips. Mr. Hindley. Mr. Finch. Mr. P. Thomson. Mr. Dugdale. The room was cleared ; and the Committee proceeded in its deliberations as to the ob¬ jection of Mr. Serjeant Merewether to the question put by Mr. Wortley. Question put,—" That this question be allowed to be put —-The Committee divided : AYES (6). NOES (12). Mr. Grimsditch. Mr. Mildmay. Major Chetwynd. Mr. Hale. Mr. Halford. Sir R. Peel. Mr. Wynn Ellis. Mr. Hurt. Mr. Easthope. Sir P. Egerton. Mr. Packe. _ Mr. Copeland. Sir G. Anson. Mr. E. Buller. Captain A'Court. Sir E. Wilmot. Mr. Brotherton. Mr. Philips. So it passed in the negative. Parties called in, and informed that the question could not be put. Mr. Wyatt recalled, and cross-examined by Mr. Wortley. On a question put by Mr. Wortley with regard to the value of the land required in each parish, Mr. Serjeant Merewether objected. Mr. Wortley withdrew the question. Mr. Wyatt cross-examined by Mr. Hillyard. On a question put by Mr. Hillyard, as to what sum the witness had allotted in his estimate as, compensation to Lord Harrowby for the damage done to his estate by the Railroad, Mr. Serjeant Merewether objected to the question. Mr. Hillyard was heard in support of the question. Mr. Serjeant Merewether replied. The room was cleared. The Committee decided that the question could not be put. Parties called in, and the Chairman informed them—" That the majority of the Com¬ mittee had decided, that the question could not be put, nor any other which tended to show the amount of the valuation put by the Company on any particular property ; and that the Committee considered that the answers already given, as to the valuation put upon the land on the several divisions, were sufficient to test the estimate." Mr. H. Wyatt again called, and cross-examined by Mr. Hillyard. On a question put by Mr. Hillyard, " with regard to the sum allotted in gross for each of the ten portions, of which a particular estimate had been given by the witness, what portion is estimated as the value of the land, and what portion is put as compensation for severance ?" Mr. Baring, a member of the Committee, objected to the question. The room was cleared. The Committee decided that the Promoters of the Bill should be allowed to give the required details, it being understood that no examination shall be entered into, to test the value of severance in any particular case. Parties called in, and informed thereof. Adjourned till , at twelve o'clock. 22° die Augustin 1839. 349 Captain A'Court. Sir G. Anson. Major Chetwynd. Mr. Baring. Mr. Buller. Sir Robert Peel. Mr. Hale. Mr. Du Pre. Jovis, 20° die Junii, 1839. Mr. Ingham in the Chair. On Mr. Speaker's List. Mr. Copeland. Mr. Hurt. Sir P. Egerton. Mr. Grimsditeh. Mr. Wilbraham. Mr. Spencer de Horsey. Selected Members. Mr. Mildmay. Mr. Yorke. Members added. Sir E. Wilmot. Mr. Halford. Mr. Packe. Mr. Finch. Mr. P. Thomson. Mr. Dugdale. Mr. Brotherton. Mr. H. Marsland. Mr. Hindley. Mr. Easthope. \ Mr. Wyatt recalled and cross-examined by Mr. Hillyard. Re-examined by Mr. Talbot. Examined by the Committee. On a question put by Major Chetwynd, whether the witness thought £400 an acre a fair remuneration to Mrs. Sparrow for the land to be taken by the Railway, the room was cleared. Question put,—" That the witness be directed to answer the Question —The Com¬ mittee divided: NOES (7). Mr. Yorke. Mr. Hale. Sir G. Anson. Mr. Buller. Captain A'Court. Mr. Brotherton. Mr. Finch. AYES (11). Mr. Mildmay. Mr. Du Pre. Mr. Baring. Mr. Hurt. Sir P. Egerton. Mr. Grimsditeh. Mr. Copeland. Mr. Halford. Sir E. Wilmot. Mr. Packe. Mr. Dugdale. Agreed to. Parties called in. Mr. Wyatt recalled and examined by the Committee. Mr. John Birkenshaw called and examined by Mr. Bellasis. Cross-examined by Mr. Wortley. Cross-examined by Mr. Hillyard. Re-examined by Mr. Bellasis. Adjourned till To-morrow, at twelve. Veneris, 21° Junii, 1839. Mr. Ingham in the Chair. On Mr. Speaker's List. Major Chetwynd. Mr. Grimsditeh. Captain A'Court. Mr. Baring. Mr. Wilbraham. Mr. Spencer de Horsey. Sir G. Anson. Mr. Hurt. Sir P. Egerton. Sir Robert Peel. Mr. Copeland. Mr. Buller. 350 22° die Augusti, 1839 Selected Members. Mr. Yorke. Mr. Hale. Mr. Mildmay. Mr. Du Pre. Members added. Mr. Brotherton. Sir E. Wilmot. Mr. Wynn Ellis. Mr. Packe. Mr. H. Marsland. Mr. Bidder called and examined by Mr. Serjeant Merewether as to some mistakes which appeared in his evidence on the 13th of June. Mr. Dixon called, and examined by Mr. Bellasis. Cross-examined by Mr. Harrison. Cross-examined by Mr. Hillyard. Re-examined by Mr. Bellasis. Examined by the Com¬ mittee. Mr. Lowe called, and examined by Mr. Seijeant Merewether ; put in list of assents, &c. Cross-examined by Mr. Harrison. Cross-examined by Mr. Hillyard. Re-examined by Mr. Seijeant Merewether. Mr. Atkinson called and examined by Mr. Serjeant Merewether.—Cross-examined by Mr. Hillyard. Mr. J. B. Bowker and Mr. J. Wheeler called and examined by Mr. Seijeant Merewether. Cross-examined by Mr. Hillyard, and by Mr. Harrison. Mr. Atkinson recalled and examined by Mr. Serjeant Merewether. Adjourned till Monday, at twelve o'clocjc. Lunoe, 25° die Junii, 1839. Mr. Ingham in the Chair. Mr. Hurt. Sir G. Anson. Mr. G. Wilbraham. Sir Robert Peel. Mr. Copeland. Mr. Hale. Mr. Mildmay. Sir E. Wilmot. Mr. Brotherton. Mr. Easthope. Mr. Philips. Mr. E. Stanley. Mr. H. Marsland. On Mr. Speaker's List. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Sir P. Egerton. Mr. Spencer de Horsey. Selected Members. Mr. Du Pre. Members added. Mr. Wynn Ellis. Mr. Finch. Mr. Packe. Mr. P. Thomson. Mr. Dugdale. Mr. Halford. Mr. Baxter applied to the Committee to be allowed to put in a letter which had been written by Mr. Wheeler, the solicitor for the Bill, to a Mr. Shilcock, and the answer to which had been read on the last day. The letter was allowed to be put in. Mr. Lowe called and examined by Mr. Serjeant Merewether ; put in a corrected list of assents, &c. Mr. Austen was heard to sum up the evidence on behalf of the Promoters of the Bill. Mr. Seijeant Merewether applied to the Committee to direct the Chairman to ask leave of the House for further time to report. It was agreed to apply for time to Thursday, July 4th. Mr. Ingham expressed his intention of retiring from the Chair, being obliged to leave town to attend Quarter Sessions in the country. Mr. Mildmay called to the Chair. Adjourned till To-morrow, at twelve o'clock. 22® die Augustî, 1839. Martis, 25° die Junii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Sir G. Anson. Mr. Buller. Mr. Spencer de Horsey. Major Chetwynd. Mr. Hurt. Mr. Baring. Mr. Copeland. Sir P. Egerton. Captain A'Court. Mr. G. Wilbraham. Sir Robert Peel. Mr. Hale. Mr. Yorke. Sir E. Wilmot. Mr. Halford. Mr. H. Marsland. Mr. Wynn Ellis. Selected Members. Mr. Du Pre. Mr. Ingham. Members added. Mr. Brotherton. Mr. Packe. Mr. Philips. Mr. Finch. Mr. Thesiger was heard to open the case on behalf of the opponents to the Bill. Adjourned till To-morrow, at twelve Mercurii, 26° die ,1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Major Chetwynd. Mr. Copeland. Sir P. Egerton. Sir R. Peel. Mr. Baring. Mr. Du Pre. Mr. Hale. Mr. Grimsditch. Captain A'Court. Selected Members. Mr. Yorke. Members added. Mr. H. Marsland. Sir E. Wilmot. Mr. Halford. Mr. Philips. Mr. Brotherton. Mr. Packe. Mr. Easthope. Mr. Wynn Ellis. Mr. Hillyard applied to have the Petition of Mrs. Sparrow read. Mr. Serjeant M erewether objected, and desired to hear from Mr. Baxter whether he had any authority from Mrs. Sparrow to appear upon her Petition. Mr. Harrison replied. The room was cleared. Motion made— (SirP. Egerton),—and Question put,—■" That this question he put to Mr. Baxter, ' are vou authorized to appear on behalf of Mrs. Sparrow, in opposition to the Bill ? Amendment proposed—(Major Chetwynd),—"To leave out the words after 'that/ in order to insert the words—' Counsel he asked whether they appear upon Mrs. Spar¬ row's Petition.' " Question put,—" That the words proposed to he left out stand part of the question." Agreed to. Main Question put, and agreed to. Parties called in, and informed thereof. Mr. Baxter called and examined by the Committee. Mr. Ebenezer Robins called and examined by Mr. Hillyard. Cross-examined by Mr. Talbot. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Josiah Robins called and examined by Mr. Hillyard. Cross-examined by Mr. Serjeant Merewether. Examined by the Committee. 5 P 352 22° die Augustin 1839. Mr. Fowler called and examined by Mr. Hillyard. Cross-examined by Mr. Bellasis. Re-examined by Mr. Hillyard. Examined by the Committee. The Hon. R. Curzon called and examined by Mr. Wortley. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Wortley. Examined by the Committee. Mr. Lawrence called and examined by Mr. Hillyard. Cross-examined by Mr. Talbot. Re-examined by Mr. Hillyard. On a question put by Mr. Hillyard, on re-examination,—" Whether the witness had ever heard of Mr. Tootall, one of the Directors of the Company, representing that the Bill must pass, and recommending parties to make arrangements with the Company,"— Mr. Serjeant Merewether objected to the question. Mr. Hillyard was heard in support of the question. Mr. Serjeant Merewether replied. The room was cleared. Motion made—(Mr. Yorke),—and Question put,—"That it does not appear to the Committee that the question asked by Mr. Hillyard arises out of the cross-examination, and that the question ought not to be put." Agreed to. Parties called in, and informed thereof. The witness recalled and examined by the Committee. On a question put hy Mr. Wynn Ellis, Mr. Serjeant Merewether submitted, "That this question was the same which the Committee had already decided ought not to be put." Adjourned till To-morrow, at twelve o'clock. Jovis,27° die 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Major Chetwynd. Captain A'Court. Sir G. Anson. Mr. Baring. Sir P. Egerton. Mr. Wilbraham. Sir R. Peel. Mr. Spencer de Horsey. Selected Members. Mr. Yorke. Mr. Hale. Mr. Du Pre. Members added. Mr. Halford. Sir E. Wilmot. Mr. Wynn Ellis. Mr. Brotherton. Mr. Easthope. Mr. H. Marsland. Mr. Packe. Mr. Philips. Mr. Lawrence recalled and examined by the Committee. On the same question being put by Mr. Wynn Ellis, the room was cleared. The Committee decided that the witness might answer the question. The witness recalled and examined by the Committee. The room was cleared. Motion made—• ( Sir E. Wilmot),—"That the evidence relating to the conversation between the agents of the different parties be expunged from the short-hand writer's notes." Withdrawn. Parties called in. The witness was recalled and examined by the Committee. Mr. Seijeant Merewether requested that a letter of the 2d of April, 1839, from Mr. Smith, a landowner on the line, might be read to the Committee, as it would tend to shew the nature of the communication that had taken place between Mr. Smith and the agent of the Company. . The letter was read to the Committee. The Rev. Mr. Landon called and examined by Mr. Hillyard. Cross-examined by Mr. Seijeant Merewether. Re-examined by Mr. Hillyard. At the request of Mr. Hillyard, the Petition of Mr. Oldham was read. ' The Honourable R. Curzon called and examined by Mr. Hillyard. Mr. Serjeant Merewether desired to hear whether Mr. Baxter had any authority from Mr. Oldham to appear upon his Petition. 22° die Augusti, 1839- 353 Mr. Hillyard objected. Mr. Serjeant Merewether replied. The room was cleared. Motion made,—(Mr. Yorke),—and Question put,—" That this question be put to Mr. Baxter, c Are you authorized by Mr. Oldham to appear on his part in opposition to this Bill ?' "—The Committee divided : AYES (10). NOES (6). Mr. Yorke. Mr. Grimsditch. Mr. Hale. Major Chetwynd. Mr. Du Pre. Mr. Halford. Mr. Baring. Sir E. Wilmot. Mr. Hurt. Mr. Wynn Ellis. Sir P. Egerton. Mr. Easthope. Captain A'Court. Mr. Marsland. Mr. Brotherton. Mr. Philips. Agreed to. Parties called in, and informed thereof. Mr. Baxter called and examined by the Committee. The Honourable R. Curzon recalled and examined by Mr. Hillyard. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Hillyard. Examined by the Com¬ mittee. Mr. Richard Fowler called and examined by Mr. Wortley. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Wortley. Examined by the Committee. Mr. Ebenezer Robins called and examined by Mr. Hillyard. Mr. Serjeant Merewether objected to a question put by Mr. Hillyard, on the ground that conversation which had taken place between the witnesses and other parties could not be received as evidence of the feelings of such parties. Mr. Hillyard supported the question. Mr. Serjeant Merewether replied. The room was cleared. It being noticed that the quorum of Selected Members was not present, the Chair¬ man suspended the proceedings of the Committee; and when the Speaker was announced to be at prayers, adjourned the Committee till To-morrow, at twelve o'clock. Veneris, 28° die Junii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Sir Robert Peel. Sir G. Anson. Mr. Grimsditch. Major Chetwynd. Mr. Wilbraham. Captain A'Court. Mr. Copeland. Sir P. Egerton. Mr. Baring. Selected Members. Mr. Yorke. Mr. Hale. Mr. Du Pre, Members added. Mr. Halford. Mr. Philips. Mr. Brotherton. Mr. Packe. Mr. H. Marsland. Mr. Wynn Ellis. Sir E. Wilmot. The room was cleared. A discussion arose as to whether the Committee should meet at eleven instead of twelve o'clock, and it was decided to meet as usual at Twelve o'clock. The Committee proceeded to consider the objection made by Mr. Serjeant Merewether, that conversation that had taken place between the witnesses and èther parties could not be received as evidence of the feelings of such parties. 354 22° die Augusti, 1839- I The Committee decided that such evidence could not he received, and ordered it to be expunged from the Minutes. Parties called in, and informed thereof. Mr. Hillyard applied to the Committee to call upon the Promoters of the Bill to pro¬ duce a letter received by them from Mr. Smith, of the date of the 16th February. Mr. Talbot objected, and stated that the Promoters of the Bill had no such letter in their possession. Mr. Hillyard withdrew his application. Mr. Lawrence called to explain some of his evidence of yesterday. Mr. Ebenezer Robins recalled and examined by Mr. Hillyard. Cross-examined by Mr. Talbot. The Reverend Mr. Landon called and examined by Mr. Wortley. Cross-examined by Mr. Bellasis. The Petition of the Earl of Harrowby was read. Mr. Ebenezer Robins called and examined by Mr. Hillyard. Cross-examined by Mr. Talbot. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Richard Fowler called and examined by Mr. Wortley. Cross-examined by Mr. Seijeant Merewether. Mr. Charles Trubshaw called and examined by Mr. Hillyard. Cross-examined by Mr. Bellasis. Examined by the Committee. The Petition of Mr. Roberts was read. Mr. Serjeant Merewether objected to the reception of the Petition, on the ground that the proposed Railway did not pass over any of the Petitioner's property,—but only crossed an occupation road, over which Mr. Roberts had a right of way. Mr. Baxter called and examined by Mr. Hillyard on this point. Cross-examined by Mr. Seijeant Merewether. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Serjeant Merewether was heard against the reception of the Petition. Mr. Hillyard was heard in favour of the Petition being received. Mr. Serjeant Merewether replied. The room was cleared. The Committee decided to adjourn till Monday, at twelve, in order that further evidence might be produced on the point in dispute. Lunœ, 1° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Sir G. Anson. Mr. Wilbraham. Mr. Copeland. Captain A'Court. Sir P. Egerton. Major Chetwynd. Mr. Baring. Sir Robert Peel. Mr. Spencer de Horsey. Selected Members. Mr. Du Pre. Mr. Hale. Mr. Yorke. Members added. Mr. Halford. Mr. Brotherton. Mr. Packe. Mr. H. Marsland. Mr. Philips. Mr. Wynn Ellis. Mr. Hindley. Mr. Easthope. Mr. Dugdale. Mr. Hillyard produced an award, which he submitted to the Committee as additional proof that Mr. Roberts had a right to appear as a landowner against the Bill. Mr. Serjeant Merewether was further heard to object to the reception of the Petition, on the ground " that Mr. Roberts had no ' locus standi ' as a landowner, to appear upon general grounds in opposition to the Bill, or upon the grounds stated in his Petition ; that he admitted that Mr. Roberts had a ' locus standi ' as an owner of an easement over a road, to appear in opposition to the Bill ; but that as the Petition did not specifically state the injury to be done to him as an owner of that easement, according to Standing Orders (No. 11.), he could not be heard." Mr. Hillyard was heard in support of the reception of the Petition. 22° die Augusti, 1839. 355 Mr. Serjeant Merewether was heard in reply. The room was cleared. Motion made—(Mr Yorke),—"That the Committee are of opinion that, under the Standing Order (No. 11), Mr. Roberts is entitled to be heard in support only of the grounds distinctly specified in his Petition." Amendment proposed—(Mr. Br other ton),—"To leave out the words after cThat' in order to insert the words, ' Mr. Roberts is not entitled to be heard on his Petition.' " Question put—" That the words proposed to be left out stand part of the Question AYES (11). NOES (6). Mr. Yorke. Mr. Hale. Mr. Du Pre. Mr. Copeland. Mr. Hurt. Sir G. Anson. Sir P. Egerton. Captain A'Court. Mr. Grimsditch. Mr. H. Marsland. Major Chetwynd. Mr. Brotherton. Mr. Wilbraham. Mr. Halford. Mr. Wynn Ellis. Mr. Philips. Mr. Packe. Agreed to. Main Question put, and agreed to. Mr. E. Robins called and examined by Mr. Hillyard. Mr. Serjeant Merewether objected to the line of examination, stating, that the Peti¬ tioner has no " locus standi" to appear in support of the allegations contained in his Petition. Mr. Hillyard was heard in support of the line of examination. Mr. Serjeant Merewether was heard in reply. The room was cleared. Motion made—(Mr. Baring),—and Question put, "That the Counsel be allowed to proceed in the examination of the witness with respect to the allegations of the Petition :"—The Committee divided : AYES (11). NOES (5). Mr. Yorke. Mr. Copeland. Mr. Hale. Sir G. Anson. Mr. Du Pre. Mr. Marsland. Mr. Baring. Mr. Brotherton. Mr. Hurt. Mr. Philips. Sir P. Egerton. Mr. Grimsditch. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Packe. Agreed to. Parties called in, and informed thereof. Mr. E. Robins called in and examined by Mr. Hillyard. Mr. R. Fowler called and examined by Mr. Hillyard. Mr. Lawrence called and examined by Mr. Hillyard. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Rastrick called and examined by Mr. Hillyard. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Hillyard. Examined by the Committee. The Petition of Mrs. Place was read. Mr. Ebenezer Robins called and examined by Mr. Wortley. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Wortley. Examined by the Committee. Mr. Lawrence called and, examined by Mr. Hillyard. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Richard Wood called and examined by Mr. Wortley. Cross examined by Mr. Serjeant Merewether. The Petition of Sir G. Chetwynd and Sir C. Wolseley, Baronets, was read. Adjourned till To-morrow, at twelve. 5 Q 356' 22° die Augusti 1839- Major Chetwynd. Sir G. Anson. Sir P. Egerton. Captain A'Court. Mr. Baring. Sir R. Peel. Mr. Hale. Mr. H. Marsland. Mr. Brotherton. Mr. Wynn Ellis. Mr. Easthope. Mr. Halford. Martis, 2° die 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditeh. Mr. Wilbraham. Mr. Spencer de Horsey. Mr. Copeland. Mr. Hurt. Selected Members. Mr. Yorke. Members added. Mr. Paeke. Mr. Dugdale. Mr. Philips. Mr. P. Thomson. The Order of the House of last night was read: " Manchester and Birmingham Extension (Stone and Rugby) Railway Bill.—Leave to Committee to sit and proceed with two Selected Members." Mr. E. Robins called and examined by Mr. Thesiger. Cross-exatnined by Mr. Seijeant Merewether. Re examined by Mr. Thesiger. Examined by the Committee. Mr. R. Fowler examined by Mr. Hillyard. Cross-examined by Mr. Austen. Re-ex¬ amined by Mr.Hillyard. Examined by the Committee. Mr. Josiah Robins called and examined by Mr. Thesiger. Mr. Power called and examined by Mr. Thesiger. Cross-examined by Mr. Austen. Re¬ examined by Mr. Thesiger. Examined by the Committee. Mr. Baker called and examined by Mr. Hillyard. Cross-examined by Mr. Bellasis. Examined by the Committee. Mr. Charles Trubshaw called and examined by Mr. Thesiger. Cross-examined by Mr. Talbot. Examined by the Committee. On an application being made by the Promoters of the Bill, that the Committee would direct the Chairman to ask leave of the House for the Committee to sit till five o'clock day by day :—The Committee decided that they could not grant the request. The Petition of Mr. Baggaley was read. Adjourned till To-morrow, at twelve o'clock. Mercurii, 3° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Sir G. Anson. Mr. Grimsditeh. Mr. Copeland. Major Chetwynd. Captain A'Court. Sir P. Egerton. Mr. E. Buller. Mr. G. Wilbraham. Selected Members. Mr. Hale. Mr. Du Pre. Members added. Mr. Packe. Mr. Halford. Mr. Brotherton. Mr. Dugdale. Mr. Philips. Mr. H. Marsland. Mr. Easthope. Mr. Wynn Ellis. Mr. P. Thomson. 22° die Augustin 1839. 357 Mr. E. Robins called and examined by Mr. Thesiger. Cross-examined by Mr. Austen. Re-examined by Mr. Thesiger. Examined by the Committee. The Rev. Mr. Moore called and examined hy Mr. Hillyard. Cross-examined by Mr. Austen. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Thomas Broderick called and examined by Mr. Thesiger. On Mr. Thesiger putting some questions to the witness with regard to a proposed line between Maccles¬ field and Derby, called the Chernet Valley Line :—Mr. Serjeant Merewether objected to the line of examination. Mr. Austen was heard on the same side. Mr. Thesiger was heard to support the line of examination. Mr. Hillyard was heard on the same side. Mr. Serjeant Merewether was heard in reply. The room was cleared. Motion made—(Mr. Grimsditch),—and Question put,—"That the Counsel for the Opponents be allowed to proceed with the examination of the witness —The Committee divided : AYES (8). NOES (12). Mr. Hurt. Mr. Hale. Mr. Grimsditch. Mr. Du Pre. Major Chetwynd. Sir P. Egerton. Mr. Halford. Mr. Copeland. Mr. Wynn Ellis. Sir G. Anson. Mr. Easthope. Mr. E. Buller. Mr. Packe. Mr. Wilbraham. Mr. Dugdale. Captain A'Court. Mr. Marsland. Mr. P. Thomson. Mr. Brotherton. Mr. Philips. So it passed in the negative. Parties called in, and informed of the resolution of the Committee. Mr. Thesiger applied to the Committee to come to a specific resolution, as to whether he might be allowed, on the part of the landowners, to proceed with the examination of witnesses on the merits of the Chernet Valley Line. Mr. Rastrick was called, and produced a plan and section of the proposed Chernet Valley Line. The room was cleared. Motion made—( Captain A'Court),—"That Mr. Thesiger be not permitted to proceed with the examination of witnesses on the merits of the Chernet Valley Line." Amendment proposed—( Major Chetwynd),—" To leave out the words after 'that,' in order to insert the words 'The Committee will inquire whether there be a nearer or a better line, as alleged in the Petitions of the landowners.' " Question put,—" That the words proposed to be left out stand part of the Queston." —The Committee divided : AYES (11). NOES (8). Mr. Hale. Mr. Hurt. Mr. Du Pre. Mr. Grimsditch. Sir P. Egerton. Major Chetwynd. Mr. Copeland. Mr. Halford. Mr. Buller. Mr. Wynn Ellis. Mr. Wilbraham. Mr. Easthope. Captain A'Court. Mr. Packe. Mr. H. Marsland. Mr. Dugdale. Mr. P.Thomson. Mr. Brotherton. Mr. Philips. Agreed to. Main question put, and agreed to. Parties called in, and informed thereof. A discussion arose between Counsel as to the course of proceeding. Mr. Harrison stated his intention of opening the case of the Trent and Mersey Navi¬ gation Company, and claimed his right to enter generally in that opening upon the merits of the case. Mr. Serjeant Merewether objected to Mr. Harrison opening the case generally, as the 358 22° die Augusti, 1839. Trent and Mersey Navigation Company could only be allowed to appear as landowners, and Mr. Thesiger had opened the case generally on their behalf. Mr. Austen was heard on the same side. Mr. Harrison was heard to support his claim. Mr. Wortley was heard on the same side. Mr. Serjeant Merewether was heard in reply. The room was cleared. Motion made—(Mr. P. Thomson),—"That Mr. Harrison, appearing for the Trent and Mersey Navigation Company as ' Landowners,' be directed to confine his opening to the peculiar injury expected by the Company as Landowners, and not to go into the general merits already opened." Amendment proposed—(Major Chetwynd),—" To leave out the words after ' that,' in order to insert the words, 4 It is not expedient for this Committee to interfere with the Counsel or the course they think right to take on behalf of their clients.' " Question put—" That the words proposed to be left out stand part of the Question —The Committee divided: AYES (10). Mr. Hale. Mr. Du Pre. Mr. Hurt. Sir P. Egerton. Mr. Buller. Mr. G. Wilbraham. Captain A'Court. Mr. P. Thomson. Mr. Brotherton. Mr. Philips. Main Question put, and agreed to. Parties called in, and informed thereof. NOES (6). Mr. Grimsditch. Major Chetwynd. Mr. Halford. Mr. Wynn Ellis. Mr. Easthope. Mr. Packe. Agreed to. Adjourned till To-morrow* at twelve o'clock. Jovis, 4° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Major Chetwynd. Captain A'Court. , Sir Robert Peel. Sir P. Egerton. * Mr. G. Wilbraham. Mr. Buller. Mr. Spencer de Horsey. Selected Members. Mr. Du Pre. Mr. Hale. Members added. Mr. Brotherton. Mr. Packe. Mr. Dugdale. Mr. Philips. Mr. Halford. Mr. H. Marsland. Mr. Finch. Mr. Easthope. Mr. P. Thomson. Mr. Wynn Ellis. The room was cleared on the motion of Mr. Grimsditch. Motion made—(Mr. Grimsditch),—" That it is consistent with justice, and with the invariable practice of all Committees of this House, that any landowner, whose lands it is proposed to take for the purposes of a Railway, should be heard, to shew, by evidence, that the objects of the Railway can be better attained by the adoption of another line, which would not affect, or would less injuriously affect, his property. " That therefore Mr. Thesiger be now allowed to proceed on Mr. Baggaley's Petition, which alleges the existence of a much better and more desirable line for the public than the branch Avhich is proposed in the Bill now under the consideration of this Committee, and which would seriously injure Mr. Baggaley's estate." Whereupon Mr. Brotherton moved the Previous Question. 22* die Augusti, 1839. 359 Question put,—" That this question be now put —The Committee divided : AYES (3). NOES (7). Mr. Grimsditch. Mr. Hale. Major Chetwynd. Mr. Du Pre. Mr. Packe. Mr. Hurt. Captain A'Court. Mr. Brotherton. Mr. Philips. Mr. Dugdale. So it passed in the negative. Parties called in. Mr. Wortley was heard to open the case on behalf of the Trent and Mersey Naviga¬ tion Company. Some conversation ensued as to the course of proceeding. Mr. Harrison stated that he should resume the evidence with regard to the particular injury that the Railway would do to the Trent and Mersey Canal, till they came to the clauses. Mr. Hillyard applied to the Committee to be allowed to call evidence to show that the evidence of Mr. Bidder already given on his cross-examination, with regard to the im¬ practicability of the Chernet Valley Line, is erroneous. Mr. Serjeant Merewether objected to the application. Mr. Hillyard replied. The room was cleared. Motion made,—fMr. PackeJ,—and Question put,—" That the Counsel on the part of the landowners be allowed to examine witnesses to contradict the cross-examination of Mr. Bidder upon the subject of the Chernet Valley Line —The Committee divided: AYES (6). NOES (11). Mr. Hurt. Mr. Hale. Major Chetwynd. Mr. Du Pre. Mr. Halford. Sir P. Egerton. Mr. Wynn Ellis. Mr. Wilbraham. Mr. Easthope. Sir Robert Peel. Mr. Packe. Captain A'Court. Mr. H. Marsland. Mr. P. Thomson. Mr. Brotherton. Mr. Philips. Mr. Dugdale. So it passed in the negative. Parties called in, and informed thereof. It was agreed by the Committee to ask leave of the House for further tiny to report to Monday, 15th July. ' On an application by Mr. Hillyard that he might be allowed to put in as evidence the copy of a letter written by Mr. Smith (dated 15th Feb.) to the chairman of the Grand Junction Railway Company, a discussion arose between Counsel, but it was ultimately agreed that the letter should be read. The letter was read. Mr. Lawrence called and examined by Mr. Hillyard. Cross-examined by Mr. Ser¬ jeant Merewether. Re-examined by Mr. Hillyard. Mr. R. Wood called and examined by Mr. Wortley. Cross-examined by Mr. Austen. Re-examined by Mr. Wortley. Examined by the Committee. Mr. E. Robins called and examined by Mr. Hillyard. Adjourned till To-morrow, at twelve o'clock. Veneris, 5° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Major Chetwynd. Mr. Wilbraham. Captain A'Court.. Sir P. Egerton. Sir Robert Peel. Mr. Spencer de Horsey. 5 R S60 22° die Augusti» 1839. Selected Members. Mr. Hale. Mr. Halford. Mr. Brotherton. Mr. H. Marsland. Mr. Wynn Ellis. Mr. Du Pre. Members added. Sir E. Wilmot. Mr. Packe. Mr. Philips. The order of the House of last night read : " Manchester and Birmingham Extension Railway (Stone and Rugby) Bill,—Time further enlarged for Committee to report till Monday 15th July." Mr. Ebenezer Robins recalled and examined by Mr. Hillyard. Cross-examined by Mr. Bellasis. Re-examined by Mr. Hillyard. Mr. John Swainson called and examined by Mr. Hillyard. Cross-examined by Mr. Talbot. Mr. W. W. Sutherland called and examined by Mr. Hillyard; put in a paper from the Stamp Office. Mr. R. Fowler called and examined by Mr. Wortley. Cross-examined by Mr. Talbot. Re-examined by Mr. Wortley. Examined by the Committee. Mr. Lawrence called and examined by Mr. Hillyard. Cross-examined. Examined by the Committee. Mr. Josiah Robins called and examined by Mr. Wortley. Cross-examined by Mr. Talbot. Re-examined by Mr. Hillyard. Examined by the Committee. Adjourned till Monday, at twelve o'clock. Lunce, 8° die 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Sir P. Egerton. Mr. Hurt. Captain A'Court. Sir R. Peel. Mr. Wilbraham. Selected Members. Mr. Yorke. Mr. Du Pre. Mr. Hale. Members added. Mr. H. Marsland. Sir E. Wilmot. Mr. Brotherton. Mr. Easthope. Mr. Philips. Mr. Wynn Ellis. Mr. Packe. Mr. Thomson called and examined by Mr. Hillyard. Mr. Lawrence called and examined by Mr. Hillyard. Mr. Locke called and examined by Mr. Hillyard. Cross-examined by Mr. Serjeant Merewether. Adjourned till To-morrow, at twelve o'clock. Martis, 9° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Hurt. Mr. Grimsditch. Major Chetwynd. Capt. A'Court. Mr. Wilbraham. Sir P. Egerton. Sir R. Peel. Mr. Copeland. Mr. Spencer de Horsey. Mr. Hale. Mr. Du Pre. 22° die Augusti, 183,9. Selected Members. Mr. Yorke. 361 Sir E. Wilmot. Mr. Brotherton. Mr. Philips. Mr. Finch. Members added. Mr. H. Marsland. Mr. Easthope. Mr. P. Thomson. Mr. Wynn Ellis. Mr. E. Robins called and examined by Mr. Hillyard. Mr. Locke recalled and re-examined by Mr. Wortley. Cross-examined by Mr. Serjeant Merewether. Re-examined by Mr. Wortley. Adjourned till To-morrow, at twelve o'clock. Mercurii, 10° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Major Chetwynd. Captain A'Court. Mr. Spencer de Horsey. Selected Members. Mr. Hurt. Mr. Copeland. Sir P. Egerton. Mr. Wilbraham. Mr. Yorke. Mr. Du Pre. Mr. Halford. Mr. Easthope. Mr. Wynn Ellis. Mr. Brotherton. Mr. P. Thomson. Mr. H. Marsland. Mr. Hale. Members added. Sir E. Wilmot. Mr. Packe. Mr. Philips. Mr. Dugdale. Mr. Finch. Mr. Hillyard called the attention of the Committee to two mistakes in the short¬ hand writer's notes, which were ordered to be corrected. Mr. Locke recalled and cross-examined by Mr. Wortley. Examined by the Com¬ mittee. Mr. Rastrick called and examined by Mr. Hillyard. Adjourned till To-morrow, at twelve o'clock. Jovis, 11° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Mr. Grimsditch. Mr. G. Wilbraham. " Mr. Spencer de Horsey. Selected Members. Mr. Hurt. Sir R. Peel. Captain A'Court. Sir P. Egerton. Mr. Hale. Mr. Yorke. Mr. Du Pre. Members added. Mr. H. Marsland. Mr. Brotherton. Mr. Dugdale. Mr. Wynn Ellis. Mr. Finch. Mr. Halford. Mr. Packe. Sir E. Wilmot. Mr. Philips. Mr. Easthope. Mr. Rastrick recalled and examined by Mr. Hillyard. Cross-examined by Mr. Bel- lasis. Re-examined by Mr. Hillyard. Examined by the Committee. 362 22° die Augusti, 1839. Mr. C. Yignolles called and examined by Mr. Hillyard. Cross-examined by Mr. Bel- lasis. Re-examined by Mr. Hillyard. Examined by the Committee. Adjourned till To-morrow, at twelve. Veneris, 12° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Sir P. Egerton. Mr. Copeland. Mr. Grimsditch. Captain A'Court. Sir R. Peel. Mr. Hurt. Mr. Wilbraham. Mr. Spencer de Horsey. Selected Members. Mr. Hale. Mr. Du Pre. Members added. Mr. H. Marsland. Mr. Halford. Sir E. Wilmot. Mr. Brotherton. Mr. Packe. Mr. Philips. Mr. Wynne Ellis. Mr. Sidney Smith called and examined by Mr. Hillyard. Cross-examined by Mr. Aus¬ ten. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Lawrence called and examined by Mr. Hillyard. Cross-examined by Mr. Aus¬ ten. Re-examined by Mr. Hillyard. Examined by the Committee. On a question put by Major Chetwynd on the merits of the Chernet Valley Line, Mr. Serjeant Merewether submitted to the Committee that the question ought not to be put. The room was cleared. The Committee decided, that the Chairman should inform the Counsel, that they might appeal to the Chair when they considered a Member was out of order; but that they could not be allowed to use any arguments on the subject. Parties called in, and informed thereof. The witness further examined by the Committee. Mr. Charles Trubshaw called and examined by Mr. Harrison. Mr. Bellksis objected to the witness giving evidence with respect to the traffic as it appears in the books of the Trent and Mersey Navigation Company, unless the books were produced. Mr. Harrison was heard in support of the line of examination. Mr. Bellasis was heard in reply. The room was cleared. Motion made—(Sir E. Wilmot),—and Question put,—"That the witness may answer any questions respecting the traffic from his own knowledge, assisted by any col¬ lateral aids he may have acquired ; but the extracts he may have taken from the Com¬ pany's books cannot be put in as evidence." Agreed to. Parties called in, and informed thereof. The witness further examined by Mr. Harrison. On a question put by Mr. Harrison, a further discussion arose between Counsel as to the production of the books, or the way in which extracts from them should be proved before the Committee,—and it was ultimately agreed that a copy of all the entries of traffic in the book during a certain period, showing where the goods came from and the place of their destination, but without any account of the money, should be produced and proved before the Committee. Adjourned till Monday, at twelve o'clock. Lunee, 15° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr. Wilbraham. Major Chetwynd. Captain A'Court. Sir P. Egerton. Sir Robert Peel. 22° die Augusti, 1839. Selected Members. 363 Mr. Hale. Mr. Yorke. Mr. Du Pre. Members added. Sir E. Wilmot. Mr. Easthope. Mr. Dugdale. Mr. Wynn Ellis. Mr. Brotherton. Mr. Packe. Mr. Halford. Mr. Philips. Mr. E. Moore Noble called and examined by Mr. Hillyar d. Mr. Field called and examined by Mr. Hillyard. Cross-examined by Mr. Serjeant Merewetber. Examined by the Committee. Mr. W. Pare called and examined by Mr. Hillyard ; put in Table Appendix A. showing" expected traffic ; B. showing expected income. In answer to a question put by Mr. Hillyard, the witness having stated his belief that the number of persons travelling between London and Manchester was 49,694 in 1838— Mr. Serjeant Merewether objected to the answer. Mr. Hillyard was heard in support of it. Mr. Serjeant Merewether was heard in reply. The room was cleared. Motion made—(Mr. Yorke),—and Question put,—" That the witness having stated his belief that the number of persons travelling between London and Manchester was 49,694, be desired to state the grounds of such belief." Agreed to. Parties called in, and informed thereof. The witness recalled and examined by Mr. Hillyard. Adjourned till , at twelve o'clock. Martis, 16° di 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Sir P. Egerton. Captain A'Court. Mr. Grimsditch. Mr. Yorke. Mr. Brotherton. Mr. Packe. Mr. Wynn Ellis. Major Chetwynd. Sir Robert Peel. Selected Member. Members added. Sir E. Wilmot. Mr. Philips. Mr. Easthope. *' Manchester and Birmingham Extension (Stone and Rugby) Railway Bill,—Time further enlarged for Committee to report till Monday next." Mr. Pare recalled ; put in an amended Table of expected income. Cross-examined bv Mr. Talbot. Adjourned till To-morrow, at twelve. Mercurii, 17° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Sir P. Egerton. Mr. Grimsditch. Captain A'Court. Selected Member. Mr. Yorke. 5 S 364 22° die Angus ti, 1839. Members added. Mr. Brotherton. Sir E. Wilmot. Mr. Packe. Mr. P. Thomson. Mr. Easthope. Mr. Philips. Mr. Pare recalled and further cross-examined by Mr. Bellasis.—Re-examined by Mr. Hillyard.—Examined by the Committee. Adjourned till To-morrow, at twelve o'clock. Jovis, 18° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Mr. Grimsditch. Sir P. Egerton. Captain A'Court. Mr. Wilbraham. Mr. Spencer de Horsey. Selected Members. Mr. Yorke. Mr. Hale. Members added. Sir E. Wilmot. Mr. Brotherton. Mr. Wvnn Ellis.. Mr. Philips. Mr. Packe. Mr. Easthope. Mr. Pare recalled and examined by the Committee. Mr. Lawrence called and examined by Mr. Hillyard. On the witness tendering a table showing the results of his inspection of the books of the Grand Junction Railway,— Mr. Austen objected to the reception of it. Mr. Hillyard was heard in support of the table being received. Mr. Austen was heard in reply. The room was cleared. Motion made—(Mr. Yorke),—and Question put,—" That this paper cannot be ad¬ mitted as evidence." Parties called in, and informed thereof. The witness recalled and examined by Mr. Hillyard. On a question being put by Mr. Hillyard—" As to the number of passengers conveyed between Manchester and Birmingham for the half-year ending 29th June, 1839, derived by the witness from inspection of the books of the Grand Junction Railway Com¬ pany ? "— Mr. Austen objected to the question. Mr. Hillyard was heard in support of it. Mr. Austen was heard in reply. The room was cleared. Motion made,—(Mr. Grimsditch),—"That Mr. Lawrence be allowed to state to the Committee the number of persons who travelled by the Grand Junction Railway from Manchester to Birmingham, and from Birmingham to Manchester, for the half-year ending 29th June, 1839, as ascertained by him from inspection of the Grand Junction Railway books." Amendment proposed—(Mr. Yorke),—To leave out the words after " That," in order to insert the words—" The Committee will receive a copy of the books of the Grand Junction Company, showing the weekly number of passengers conveyed between Man¬ chester and Birmingham, and Birmingham and Manchester, for the half-year ending 29th of June, 1839."' Question put,—" That the words proposed to be left out stand part of the Question —The Committee divided: AYES (4). NOES. (7). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Sir P. Egerton. Mr. Wynn Ellis. Mr. Wilbraham. Mr. Packe. Captain A'Court. Sir E. Wilmot. Mr. Brotherton. Mr. Philips. 22° die Augusti 183.9. 365 So it passed in the negative. Question, as amended, put, and agreed to. Parties called in, and informed thereof. A discussion arose between Counsel as to the meaning of some terms in the reso¬ lution. The room was again cleared. Resolved,'—" That a misapprehension having arisen respecting the meaning of the words ' weekly number,' the Chairman be instructed to inform the parties that those words are intended to apply to f a detailed weekly statement.' " Parties called in, and informed thereof. Adjourned till To-morrow, at twelve o'clock. Veneris, 19° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Major Chetwynd. Mr. Copeland. Sir P. Egerton. Captain A'Court. Mr. Wilbraham. Mr. Spencer de Horsey. Selected Members. Mr. Du Pre. Mr. Hale. Mr. Yorke. Members added. Mr. Brotherton. Mr. Easthope. Mr. Packe. Sir E. Wilmot. Mr. Wynn Ellis. Mr. Philips. Mr. Hindley. The room was cleared. Motion made — (Mr. Packe),—" That the Committee will receive from the Opponents of the Bill any evidence (whether secondary or otherwise) of the same or a like character with that which has been received from the Promoters through Mr. Farmen and other witnesses." Whereupon Mr. Brotherton moved the Previous Question. Question put,—" That this Question be now put : "—The Committee divided : AYES (5). NOES (6). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Mr. Hale. Mr. Wynn Ellis. Mr. Du Pre. Mr. Easthope. Mr. Copeland. Mr. Packe. Mr. Brotherton. Mr. Philips. Parties called in. Mr. John Corden called and examined by Mr. Hillyard. Examined by the Com¬ mittee. Mr. R. Willey called and examined by Mr. Hillyard. Cross-examined by Mr. Bçl- lasis. Examined by the Committee. Mr. Fairbanks recalled and examined by Mr. Harrison. Cross-examined by Mr. Bellasis. Re-examined by Mr. Harrison. The witness having, in the course of his examination, produced a book containing a statement of the traffic upon the Canal at Fidley Junction, during a certain period in October,— Mr. Bellasis requested that the book might be put in as evidence. Mr. Harrison objected. The Minutes of the proceedings of the Committee, at the close of Friday last, were read. The room was cleared. Motion made— (Mr. Brotherton),—"That the paper produced by the witness be deli¬ vered in and be read by the Counsel of the Promoters of the Bill, for the purpose of cross- examination of the witness, upon the understanding that they do not permit a copy or any extracts to be taken and published." 366 22° die Augusti, 183.9. Amendment proposed—(Mr. JVynn Ellis),—To leave out the words after "That," in order to insert the words, " It appearing that unforeseen difficulties may arise to the Canal Company by the putting in the account produced, the Committee are of opinion that no examination can be allowed unless the paper be received as evidence." Question put—" That the words proposed to be left out stand part of the Question : " —The Committee divided: AYES (5). NOES (6). Mr. Yorke. Mr. Copeland Mr. Hale. Major Chetwynd. Sir P. Egerton. Captain A'Court. Sir E. Wilmot. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Mr. Packe. So it passed in the negative. Question, as amended, put, and negatived. Motion made— (SirE. IVilmot),—and Question put,—"That it was an understanding and undertaking of the Opponents of the Bill to produce the clerk and certain copies of the books of the Trent and Mersey Company, and put them in as evidence. " That the clerk has been examined from the copy of the book produced as evidence, hut that it appearing that unexpected and unforeseen inconvenience will arise from exposing the said book to the examination of other parties,—Resolved, ' That the Counsel for opposing this Bill be permitted to withdraw the book, and also withdraw all the evidence of the said clerk ; otherwise that the book be received and continued as evidence "—The Committee divided : AYES (10). NOES (2). Mr. Yorke. Sir P. Egerton. Mr. Hale. Major Chetwynd. Mr. Copeland. Mr. Wilbraham. Capt. A'Court. Sir E. Wilmot. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Mr. Packe. Agreed to. Parties called in, and informed thereof. On the Motion of Major Chetwynd, the room was cleared. Adjourned till Monday, at twelve o'clock. Lunce, 22° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr. Copeland. Major Ct^twynd. Capt. A'Court. Mr. Spencer de Horsey. Sir R. Peel. Selected Members. Mr. Yorke. Mr. Plale. Mr. Du Pre. Members added. Sir E. Wilmot. Mr. Brotherton. Mr. Philips. Mr. Hindley. Mr. Easthope. Mr. Packe. The Chairman inquired of Mr. Harrison, " What course he meant to pursue in con¬ sequence of the Resolution of the Committee on Saturday ? " Mr. Harrison requested that two letters, which had passed between his clients and the Promoters of the Bill, might be read to the Committee, 2^° die Augusti, 1839. On the Motion of Mr. Copeland, the room was cleared. The Committee decided that the letters should be allowed to be read to the Com¬ mittee, and that then Mr. H arrison should he called upon to state the course he meant to pursue. Parties called in, and informed thereof. The letters were then put in and read. Mr. Harrison was heard to address the Committee, and stated that he could not consent to put in the books of the Canal Company as evidence. The room was cleared. Motion made—(Mr. BrothertonJ,—" That the parties having declined to give in evidence a copy of the Canal Books, the examination of the last witness relative thereto be expunged." Amendment proposed—(Mr. Grimsditch),—To leave out the words after "That," in order to insert the words, " Mr. Harrison be allowed to put in the copy of the book referred to in the Resolution of Friday, upon the understanding that the contents shall not be entered on the Minutes of Evidence taken before the Committee, but that the Promoters, Agents, and Counsel shall have access thereto, in the hands of the Com¬ mittee Clerk, for the purpose of testing the evidence of the witness, Mr. Fairbanks." Question put,—"That the words proposed to be left out, stand part of the Question —The Committee divided: NOES (3). Mr. Grimsditch. Major Chetwynd. Mr. Packe. AYES (10). Mr. Hale. Mr. Du Pre. Mr. Yorke. Mr. Copeland. Capt. A'Court. Mr. Spencer de Horsey. Sir E. Wilmot. Mr. Brotherton. Mr. Philips. Mr. Hindley. Main Question put, and agreed to. The evidence was expunged accordingly. Parties called in, and informed thereof. The evidence of Mr. Trubshaw of the 12th of July was read. Mr. Trubshaw called and examined by Mr. Harrison. Cross-examined by Mr. Austen. Re-examined by Mr. Harrison. Mr. J. Harrison called and examined by Mr. Hillyard. On a question put by Mr. Hillyard directing the witness to state from a paper in his hands (which he had taken from the books of the Liverpool and Manchester Railway Company) the number of passengers that had travelled on that Railway in the year 1838— Mr. Austen objected to the question. Mr. Hillyard was heard in support of the question. Mr. Austen replied. The room was cleared. Sir Robert Peel. Mr. Copeland. Captain A'Court. Mr. Hale. Mr. Yorke. Mr. Wynn Ellis. Mr. Philips. Mr. Packe. Mr. P. Thomson. The room was cleared. Adjourned till To-morrow at twelve o'clock. Mart is, 23° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Major Chetwynd. Selected Members. Mr. Du Pre. Members added. Mr. Brotherton. Mr. Handley. Mr. Easthope. 5 T 368 £*2° die August 1839. Motion made—(Mr. Hale),—and Question put,—"That the Committee will receive a copy of the books of the Liverpool and Manchester Railway Coippany, showing a de¬ tailed weekly statement of the number of passengers conveyed between Liverpool and Manchester, and Manchester and Liverpool, in the year 1838." Agreed to. Parties called in, and informed thereof. Mr. J. Harrison recalled and examined by Mr. Harrison. On a question put by Mr. Harrison, "asking the witness to put in a statement of the number of passengers per month conveyed between Liverpool and Manchester in the year 1838," a discussion arose, and several questions having been put to the witness, the Chair¬ man intimated that it was the opinion of the Committee that such a statement could not be put in as evidence. After a long discussion as to the manner in which such a statement might be produced before the Committee, it was ultimately agreed to send a letter to the Stamp Office, requesting that " a clerk from thence would attend and bring with him the Returns of the number of passengers as made in full by the Manchester and Liverpool Railway Company, from the opening of the Railway to the present time." The letter was sent accordingly. Mr. Lawrence called and examined by Mr. Harrison. On the witness tendering a paper, taken from the books of the Grand Junction Rail¬ way Company, showing the number per week of passengers travelling on the Grand Junction Railway, for the half year ending 29th of June 1839 — Mr. Austen objected to the reception of it. Mr. Harrison was heard to support the reception of it. Mr. Austen replied. Room cleared. The Committee decided, " That having referred to the resolutions passed upon the 18tli of July, the Committee is of opinion that the return now furnished ought to be received as evidence of the number of passengers between Birmingham and Manchester and Manchester and Birmingham " Parties called in, and informed thereof. Return put in accordingly. Mr. Sutherland, one of the clerks of the Stamp Office, called and examined by Mr. Harrison. Adjourned till To-morrow, at twelve o'clock. Mercurii, 24° die Julii, 1839. On Mr. Speaker's List. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Captain A'Court. W Selected Member. Mr. Hale. Members added. Mr. Wynn Ellis. ' Mr. P. Thomson. Air. Brotherton. Mr. Packe. A letter was read from the Chairman stating his inability to attend this day. The Committee waited one hour ; and a quorum of Selected Members not being persent, on the motion of Captain A'Court, Mr. Hale was elected temporary Chairman for the purpose of adjourning the Committee till twelve o'clock to-morrow, and the Committee directed him to report to the House the circumstances of the case. Adjourned till To-morrow, at twelve o'clock. Jovis, 25° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speakers List. Mr. Grimsditch. Major Chetwynd. Mr. Copeland. Sir R. Peel. Mr. Spencer de Horsey. Selected Members. Mr. Hale. Mr. Du Pre. 22° die Augustin 1839. 369 Members added. Mr. Brotherton. Mr. Philips. Mr. Packe. Mr. Easthope. Mr. Wynn Ellis. Mr. Hindley. Mr. W. H. Parsall called and examined by Mr. Hillyard. Cross-examined by Mr. Austen. Re-examined by Mr. Hillyard. Examined by the Committee. Mr. Sutherland called and examined by Mr. Hillyard ; put in Returns from the Stamp Office, with regard to the Liverpool and Manchester and the Grand Junction Railways. Cross-examined by Mr. Austen. Re-examined by Mr. Hillyard. Re-cross-examined by Mr. Austen. Examined by the Committee. It was agreed that these Returns should not appear upon the evidence, but that both parties should have access to them, and be allowed to make use of them as though they were upon evidence. Mr. Harrison called and examined by Mr. Hillyard. On a question put by Mr. Hillyard, calling upon the witness to produce a statement (which he had taken from the books of the Liverpool and Manchester Railway Com¬ pany), shewing the number per month of passengers conveyed between Liverpool and Manchester and Manchester and Liverpool in 1838— Mr. Austen objected to the question. Mr. Hillyard was heard in support of it. Mr. Austen was heard in reply. Mr. Hillyard withdrew the question. The witness cross-examined by Mr. Austen. On a question put by Mr. Austen as to whether there was a Musical Festival at Man¬ chester in 1836— Mr. Hillyard objected to the question, unless the monthly return tendered by the last witness was allowed to be put in as evidence. Mr. Austen supported the question. Mr. Hillyard was heard in reply. The room was cleared. The Committee decided, " That Mr. Austen be directed to proceed with his cross examination of the witness." Parties called in, and informed thereof. And the Chairman likewise intimated to Mr. Austen, that if he alluded, in his cross- examination, to the Return before mentioned, he would do so at his own risk, as it would then become a matter of discretion with the Committee whether they would not admit it upon their notes as evidence. The witness recalled and cross-examined by Mr. Austen. Re-examined by Mr. Hillyard. Examined by the Committeee. Mr. Hillyard applied to the Committee to direct the Chairman to make an application to the Directors of the Liverpool and Manchester Railway Company to produce their books for the years 1836 and 1838, shewing the number of passengers, by weekly detail, passing in those years between Liverpool and Manchester and Manchester and Liver¬ pool. Mr. Serjeant Merewether objected to the application. Mr. H illyard was heard in reply. The room was cleared. The Committee decided that they could not accede to the application of Mr. Hillyard. Parties called in, and informed thereof. Adjourned till To-morrow, at twelve. Veneris, 26° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Captain A'Court. Sir R. Peel. Mr. Spencer de Horsey. Selected Members. Mr. Hale. Mr. Du Pre. 2C2° die Angusti, 1839. Members added. Mr. Wynn Ellis. Mr. Brotherton. Mr. Hindley. Mr. Packe. Mr. Lawrence called and examined by Mr. Hillyard. On a question put by Mr. Hillyard as to the actual number (as taken by the witness from the books of the Grand Junction Railway Company) of persons booked through, from Manchester to London and London to Manchester, for the half-year ending 29th June, 1839— Mr. Austen objected to the question. Mr. Hillyard was heard in support of the question. Mr. Austen was heard in reply. Room cleared. Motion made—(71/r Grimsditch),—" That the witness be allowed to answer the ques¬ tion objected to by Mr. Austen." Amendment proposed—(Mr. Copelandj,—"To leave out the words after 'That,'in order to insert the following instead thereof," ' the Committee will receive a copy of the books of the Grand Junction Railway Company, showing a detailed weekly statement of the number of passengers booked through from Manchester to London and London t o Manchester, for the half year ending 29th June 1839.' " Question put,—" That the words proposed to be left out stand part of the question — The Committee divided : AYES (3). NOES (5). Mr. Grimsditch. Mr. Hale. Major Chetwynd. Mr. Du Pre. Mr. Wynn Ellis. Mr. Copeland. Captain A'Court. Mr. Brotherton. So it passed in the negative. Question, as amended, put, and agreed to. The witness further examined by Mr. Hillyard. Examined by the Committee. Mr. Pare called and examined by Mr. Hillyard. Cross-examined by Mr. Seijeant Merewether. Examined by the Committee. Mr. Hillyard stated that he had closed the case on behalf of the Opponents of the Bill. Mr. Harrison was heard to sum up the case of the Opponents of the Bill on the part of the Trent and Mersey Navigation Company. Adjourned till Monday, at twelve o'clock. Lunce, 29° die , 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr. Copeland Major Chetwynd. Captain A'Court. Sir Robert Peel. Selected Members. Mr. Hale. Mr. Yorke. Members added. Mr. Brotherton. Mr. Easthope. Mr. Wynn Ellis. Mr. Philips. Mr. P. Thomson. Mr. Harrison was further heard to sum up the case of the Trent and Mersey Navi¬ gation Company in opposition to the Bill. Adjourned till To-morrow, at twelve. Mart is, 30° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr, G. Wilbraham. Major Chetwynd. Mr. Copeland. Captain A'Court. 22° die Augusti, 1839. 371 Selected Members. Mr. Yorke. Mr. Hale. Members added. Mr Brotherton. Mr. Philips. Mr. Easthope. Mr. Wynn Ellis. Mr. Packe. Mr. P. Thomson. Mr. Hillyard was heard to sum up the case of the Landowners in opposition to the Bill. Adjourned till To-morrow, at twelve o'clock. Mercurii, 31° die Julii, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr. Wilbraham. Major Chetwynd. Sir Robert Peel. Captain A'Court. Mr. Copeland. Mr. Spencer de Horsey. Selected Members. Mr. Yorke. Mr. Hale. Members added. Mr. Brotherton. Mr. Philips. Mr. Packe, Mr. Wynn Ellis. Mr. Harrison was further heard. Mr. Hillyard was further heard Mr. Serjeant Merewether was heard to reply on behalf of the Promoters of the Bill. The room was cleared. Preamble read. Motion made—(Mr. Brotherton),—"That the Preamble stand part of the Bill." The Committee deliberated. The Committee decided to adjourn the further deliberation of the Preamble till To-morrow, at twelve. Jo vis, 1° die Augusti, 1839. / Mr. Mildmay in the Chair. On Mr. Speaker's List. Sir Robert Peel. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Mr. Wilbraham. Captain A'Court. Mr. Spencer de Horsey. Selected Members. Mr. Hale. Mr. Du Pre. Mr. Yorke. Members added. Mr. P. Thomson. Mr. Brotherton. Mr. Philips. Mr. Hindley. Mr. Easthope. Mr. Packe. Mr. Wynn Ellis. The room was cleared. Question put,—" That the Preamble stand part of the Bill —The Committee divided; AYES (11). Mr. Yorke. Captain A'Court. Mr. Hale. Mr. Spencer de Horsey. Mr. Du Pre. Mr. P. Thomson. Sir Robert Peel. Mr. Brotherton. Mr. Copeland. Mr. Philips. Mr. Wilbraham. 5 U Mr. Grimsditch. Major Chetwynd. Mr. Wynn Ellis. 22° die Augusti» 1839. NOES (5). Mr. Easthope. Mr. Packe. Agreed The Committee deliberated as to applying to the House for further time to report. Question put,—" That the Chairman be instructed to move in the H ouse for further time to report to the 12th of August —The Committee divided : AYES (12). Mr. Yorke. Mr. Hale. Mr. Du Pre. Sir Robert Peel. Mr. Copeland. Mr. Wilbraham. Captain A'Court. Mr. Spencer de Horsey. Mr. Brotherton. Mr. Philips. Mr. Hindley. Mr. Packe. NOES (4) Mr. Grimsditch. Major Chetwynd. Mr. Wynn Ellis. Mr. Easthope. Agreed to. Parties called in, and informed thereof. Room cleared. The Committee proceeded to go through the Report, Resolution by Resolution. On Resolution No. 3 being read Amendment proposed—{Mr. Easthope),—To leave out the words "The number of shareholders who may he considered as having a local interest in the line is 125," and insert the words, " The number of persons who have a local interest in the line is only three, viz.: one residing at Rugby, one at Nuneaton, and one at Fazeley," instead thereof. Question put—" That the words proposed to be left out stand part of the Question — Agreed to. Main Resolution put, and agreed to. Adjourned till To-morrow, at twelve o'clock. Veneris, 2° die 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Major Chetwynd. Sir Robert Peel. Mr. De Horsey. Mr. Yorke. Mr. Du Pre. Mr. Copeland. Captain A'Court. Mr. Wilbraham. Selected Members. Mr. Hale. Members added. Mr. Brotherton. Mr. Easthope. Mr. Philips. Mr. Wynn Ellis. The Petition of the Midland Counties Railway (presented and referred last night) was read. The Committee decided to defer the consideration of the Petition, and whether it should be received or not, till after they had gone through the Report, and that the Chairman be directed to consult the Speaker on the subject. The Committee proceeded to go through the Report. Resolution No. 4 read, with the Appendix. 49,504 34,918 9,984 3,328 3tj hours. 10 hours. 2,496 tons. 2,496 in No. 61 10s. for 112 miles. 3/. 10^. for 112 miles. 22° die Augusti, 1839. 373 APPENDIX C. (4th Resolution). The present amount of traffic by land and water, the average charges made for pas¬ sengers and goods, and time occupied. PASSENGERS. Persons annually travelling by coaches, between Manchester and London (previous to the opening of the existing Railways), and who would travel the whole distance on the proposed Railway ..... Persons annually travelling by other coaches upon the route of the pro¬ posed Railway and Branch ....... Persons annually travelling with post horses in private carriages and chaises, upon the route of the proposed Railway .... Persons annually travelling in gigs on the route of the proposed Railway The average by the existing Railway is 2|d. per mile. Time at present occupied by Railway between the termini of the proposed Railway . . . Time at present occupied by Railway between Manchester and London . GOODS BY LAND. Goods formerly carried by PickforcFs vans . Private carriages formerly drawn by post-horses, annually Coach parcels, number and weight not ascertainable Average charge for private carriages .... Time occupied by Railway as before mentioned. GOODS BY WATER. By canals . . . .... By sea, between Manchester and London .... Average charges by Canal, general merchandize, grain, &c. Coals and minerals . . .... Time occupied by canal . . .... Average charge by sea, between Manchester and London Time occupied, from 10 days to a fortnight. Amendment proposed—(Mr. Easthope),—To leave out all the words after the word " That," in order to insert the following instead thereof,—" The Committee have had no satisfactory evidence of the insufficiency of the present means of conveyance and of communication between the termini of the proposed line (Stone and Rugby) ; and no attempt has been made to prove any traffic between those points : but the evidence has been given with reference to Rugby and Manchester as termini. In the latter view, the Committee are of opinion, from the evidence before them, that the lines already autho¬ rized by Parliament will be found amply sufficient ; but as one of such lines (namely, the Manchester and Birmingham, from Manchester to the Grand Junction Railway at Chebsey, authorized in 1837) has not been tried (only about 6 out of the 45 miles having been even begun), and as the London and Birmingham and Grand Junction Companies, the proprietors of the existing lines, have not been heard before the Com¬ mittee, it is impossible to report fully or fairly upon this Resolution. " That the present annual number of passengers, from terminus to terminus, is 65,890, and between intermediate points (including the branch), 33,020,—making the present total annual number of passengers, 98,910. " And that the present annual number of tons of goods by land, by sea, and by canal, is 69,890 from terminus to terminus, and between intermediate points (including the branch) 101,838, making the present total annual number of tons, 172,728." Question put,—" That the words proposed to be left out stand part of the Question:" —•The Committee divided : 384,558 tons. 5,720 tons. Ad. per ton per mile. 2d. per ton per mile. 3| miles per hour. 3?.3s.forthe whole distance. NOES (4). Mr. Grimsditch. Major Chetwynd. Mr. Wynn Ellis. Mr. Easthope. AYES (9). Mr. Yorke. Mr. Hale. Mr. Du Pre. Sir Robert Peel. Mr. Copeland. Captain A'Court. Mr. Spencer de Horsey. Mr. Brotherton. Mr. Philips. So it passed in the negative. Main Resolution put, and negatived. Fourth Resolution, with an Appendix, read.—(See Question put,—" That it stand part of the Report :"—The Committee divided : 374 22° die 1839. AYES (9). NOES (4). Mr. York. Mr. Grimsditch. Mr. Hale. Major Chetwynd. Mr. Du Pre. Mr. Wynn Ellis. Sir Robert Peel. Mr. Easthope. Mr. Copeland. Captain A'Court. Mr. Spencer de Horsey. Mr. Brotherton. Mr. Philips. Agreed Fifth Resolution read, with an Appendix. Amendment proposed— (Mr.Easthope),—To leave out all the words after the word " That," in order to insert the following instead thereof,—" The number of passen¬ gers and the weight and description of goods anticipated upon the proposed Railway, is expected to arise from passengers and goods between Manchester and London and the various intermediate places on the line of the Manchester and Birmingham Railway and the present proposed Railway, and also between Manchester and the Eastern Counties. " The number of such passengers, and the weight and description of such goods, are as follows :— " TABLE A. ' PASSENGERS. V, London passengers ..... /5,005 Passengers to and from Eastern Counties by the branch, and to and from places on the main line . . . 56,992 Passengers by post horses and gigs . . . 6,238 Total number of passengers . . 138,235 GOODS. Goods by land Coach parcels Goods by canal Goods by sea Private carriages 1,460 tons, the whole distance. 2,8l7j557 tons, one mile. 1,430 tons, the whole distance. 1,248 in number." Question put,—" That the words proposed to be left out stand part of the Question : -The Committee divided : NOES (4). Mr. Grimsditch. Major Chetwynd. Mr. Wynn Ellis. Mr. Easthope. AYES (9). Mr. Yorke. Mr. Hale. Mr. Du Pre. Sir Robert Peel. Mr. Copeland. Captain A'Court. Mr. De Horsey. Mr. Brotherton. Mr. Philips. Agreed to. Main Resolution put, and agreed to. Sixth Resolution read, with an Appendix. Amendment proposed—(Mr. Easthope),—To leave out all the words after the word " That," and insert the following instead thereof,—" The matters required by this Reso¬ lution to be reported upon, are correctly stated in the following tabular statement marked B, the gross annual income from passengers being expected to be £45,113.10^. 2d. and from goods £48,238. 3.v. 10c?. (provided that the various competing lines do not ob¬ tain any portion of the traffic). " The description of goods from which the largest revenue is anticipated is general merchandize, now carried by canal. 22° die Augusti, 1839. 3^5 " TABLE B. Description of Traffic. Annual amounts. Total annual amount. PASSENGER TRAFFIC. £ s. d. £ s. d* London passenger traffic Passengers to and from eastern counties by the branch, and to and from places on the main line Passengers by post-horses and gigs ..... 33,340 10 10 8,913 17 8 2,859 1 8 45,113 10 2 GOODS TRAFFIC. Goods by land# Coach parcels Goods by canal Goods by sea Private carriages • •••••••• • •••••••• 4,015 0 0 7,820 16 0 33,131 5 4 983 2 6 2,288 0 0 48,238 3 10 « Total gross income from passengers and goods . £93,351 14 0 Question put,—" That the words proposed to be left out stand part of the Question :" —Agreed to. « Main Resolution put, and agreed to. Seventh Resolution read. Amendment proposed—(Mr Easthope),—To leave out all the words after the word " That," in order to insert the following instead thereof,—" The calculations of remu¬ neration depend not only upon the construction of the Manchester and Birmingham Railway, of which only six miles (at the northern end) are as yet even begun, but also upon the chance that the Proprietors of that line, if it be made, will combine their inte¬ rests, and work in perfect unison with this line." Question put,—" That the words proposed to be left out stand part of the Question :" —Agreed to. Main Resolution put, and agreed to. Eighth Resolution read. Amendment proposed—(Mr. Easthope).—To leave out the words after the word "That," and to insert the following instead thereof,—"The line now proposed is a competing line with the London and Birmingham and Grand Junction Railways, but it is impossible for this Committee to report whether, or in what respect, the proposed line is superior or inferior to such competing lines, without hearing the Proprietors of such competing lines as parties against the Bill." Question put,—" That the words proposed to be left out stand part of the Question :" —Agreed to. Main Resolution put, and agreed to. Ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, and fifteenth Resolutions read, and agreed to. Sixteenth Resolution read. Amendment proposed—(Major Chetwynd),—To leave out all the words after the word " That," in order to insert the following instead thereof,—" The amount of the estimate, as delivered by the Promoters of the Bill, is £1,158,683, but this sum. does not contem¬ plate any provision for locomotive power, carriages, stations, or warehouses, which must necessarily require a large sum in addition, and that the estimate is also in other respects inadequate." Question put,—"That the words proposed to be left out stand part of the Question —Agreed to. Main Resolution put, and agreed to. Seventeenth Resolution read. Amendment proposed—{Mr. Easthope),—To leave out all the words after the woi'd " That," in order to insert the following instead thereof,—" The annual charge of main¬ taining the Railway is estimated by the Promoters of the Bill to be 33 per cent, of the receipts, but it appears to the Committee that this proportion has not sufficed for the maintenance of other Railways ; and, judging from experience, and from evidence 5 X 37$ 22° die Au gust i, 1839. adduced before the Committee, it appears that the cost of maintaining this Railway would not be less than 50 per cent, of the receipts." Question put,—" That the words proposed to he left out stand part of the Question —The Committee divided : NOES (4). Mr. Grimsditch. Major Chetwynd. Mr. Wynn Ellis. Mr. Easthope. C( AYES (10). Mr. Yorke. Mr. Hale. Mr. Du Pre. Sir Robert Peel. Mr. Copeland. Mr. Wilbraham. Captain A'Court. Mr. De Horsey. Mr. Brotherton. Mr. Philips. Main Resolution put, and agreed to. Eighteenth Resolution read. Amendment proposed—(Mr. Easthope),—To leave out all the words after the word That," in order to insert the following instead thereof,—" The calculations given in evi dence before the Committee have satisfactorily proved that the revenue (assuming that the several competing lines do not abstract any portion of the expected traffic, and assuming that the Manchester and Birmingham line be made, and that its proprietors work it in perfect unison with this Line) is likely to be sufficient to support the annual charges of the maintenance of the Railway, but not to allow to the projectors any greater profit than interest after the rate of about three pounds per cent, per annum upon their capital." Question put,—" That the words proposed to be left out stand part of the Question —Agreed to. Main Resolution put, and agreed to. Nineteenth Resolution, with an Appendix, read. Amendment proposed—(Major ChettvyndJ,—To leave out all the words after the word " That," in order to insert the following instead thereof,—" The number of Assents, Dissents, and Neuters upon the line was (when the Bill was introduced into the House) as stated in the following Table (No. 1.), and that the number at present is as stated in Table (No. 2). U TABLE (No. 1). OWNERS. Assents Dissents Neuters Special answers No answers LESSEES. Assents Dissents Neuters No answers # + m OCCUPIERS. Assents . • Dissents Special answers No answers « * « . Number. 25 1 382 5 7 4 262 167 1 791 Length. Miles. Chains. Links. 3 70 0 22 40 0 22° die Augusti, 1839» 377 "TABLE (No. 2). Number. Length. OWNERS. Miles. "Chains. Links. Assents ........ 155 32 59 0 Dissents ........ 90 17 4 0 Neuters ........ 86 12 60 0 62 43 0 xiiuOOJuxuO • Assents ........ 5 0 55 0 Dissents ........ 6 0 73 50 Neuters ........ 6 0 73 50 2 42 0 OCCUPIERS. Assents ........ 233 25 1 7 a Dissents ........ 168 24 7 10 Neuters . . .. 226 13 33 60 6*2 43 0 But it appears to this Committee that the real sentiments of the landowners affected by this Line, and who appear to be assenting, cannot be assumed from the last-mentioned Table, because it has been proved to the Committee that Assents have been obtained from persons very hostile to the Bill, by means of reiterated statements on the part of its Promoters, that (from the great influence in its support) it was certain to pass—it was inevitable and must pass." Question put,—" That the words proposed to be left out stand part of the Question —Agreed to. Main resolution put, and agreed to. Twentieth Resolution read. Amendment proposed— (Mr. Easthope),—To leave out all the words after the word " That," and insert the following instead thereof,—" The parties examined as engineers in support of the Bill were, George Parker Bidder, Mr. John Cass Birkenshaw, and Mr. John Dixon, all of whom are assistants of an engineer, and all of whom stated that they had never been employed otherwise than as assistants. The chief engineer of the Promoters of the Bill (though attending the Committee) was not called to give evidence. " The engineers examined in opposition to the Bill were, Mr. Joseph Locke, Mr. John Urpeth Rastrick, and Mr. Charles Vignoles." Question put,—" That the words proposed to be left out stand part of the Question —Agreed to. Main Resolution put, and agreed to. Twenty-first Resolution postponed. Twenty-second Resolution read. Amendment proposed—(Mr. Easthope),—To leave out all the words after the word " That," in order to insert the following instead thereof,—" The proposed main line (which, with the branch, will cost £1,500,000) is 54 miles long, and is to save 12| miles in distance (which at Railway speed is under 30 minutes in time) between Manchester and London, the journey being now performed in 9| hours, and a saving of f of an hour being to be expected so soon as the Manchester and Birmingham Line to Chebsey, as authorised in 1837, is completed. " That the now proposed line passes through an almost entirely agricultural district, with no town or place of any commercial or manufacturing importance, either on or near the Line. And evidence was given before the Committee that there will in fact be no saving in time effected, by reason of the impossibility of arranging for anything like a punctual meeting at Rugby of the trains from Birmingham and from Man¬ chester respectively, the latter having to traverse 98 miles and the former 30, before meeting at Rugby. And, moreover, that there are above 18 miles of landowners out of 3/8 C2CZ° die Augusti, 1839. the 54 who still object to the line, which greatly interferes with private residences and ornamental grounds. " That as to the Branch Line, it was alleged in the Petitions of several landowners, that a communication between Manchester and the eastern districts, avoiding the estate of the Petitioner Mr. Baggaley, and being nearer by more than 20 miles than that proposed by the Bill, and accommodating various important towns on its route, might be had. Witnesses were in attendance upon the Committee, and their evidence (together with a plan and section of the line) was tendered to prove the very great advantages of that line as compared with the Branch now proposed, whilst not one witness was called in support of such Branch. But a majority of the Committee decided not to hear that evidence, as will appear by their Resolution of the 3rd of July. " That it is fitting that the House should decide the very seriously important matters of principle involved in the Resolution just referred to, and also in the Resolutions of the Committee, whereby the London and Birmingham and Grand Junction Railway Companies were excluded from a hearing upon their respective Petitions." Question put,—" That the words proposed to be left out stand part of the Question —The Committee divided: AYES (8). NOES (3). Mr. Yorke. ' Mr. Grimsditch. Mr. Hale. Major Chetwynd. Sir Robert Peel. Mr. Wynn Ellis. Mr. Copeland. Mr. Wilbraham. Captain A'Court. Mr. Brotherton. Mr. Philips. , Agreed to. M ain Resolution put, and agreed to. Parties called in, and informed that the Committee had agreed to their Report, and that they would proceed to go through the Clauses on Monday. Adjourned till , at twelve o'clock. i Lunce, 5° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Captain A'Court. Mr. Grimsditch. Mr. Wilbraham. Mr. Spencer de Horsey. Selected Members. Mr. Yorke. Mr. Hale. Members added. Mr. Brotherton. Mr. Hindley. Mr. Philips. Mr. Wynn Ellis. Mr. Easthope. Mr. Finch. Mr. E. Stanley. The Agent for the Bill informed the Committee that they had offered a Clause to satisfy the Midland Counties Railway Company, and that, therefore, no one intended to appear in its support. Mr. Lyon informed the Committee that the Trent and Mersey Navigation Company no longer appeared by Counsel. The Committee proceeded to go through the Bill, with amendments. Clause 4 being read— Motion made—(Major Chetwynd),—and Question put,-—" That the words after the word ' whatsoever,' to the words ' and upon,' page 4 of the Bill, be struck out." The room was cleared. The Committee divided : 22° die Angusti, 1839. 379 AYE (1). NOES (7). Major Chetwynd. Mr. Yorke. Mr. Hale. Captain A'Court. Mr. Brotherton. Mr. Philips. Mr. Hindley. Mr. Easthope. So it passed in the negative. The Committee proceeded with the Bill. Clause 7 being read— A discussion arose between Counsel as to the handing over the Bill, as amended by the Promoters, and the Bill as proposed to be amended by the Opponents, to the respec¬ tive parties. No Resolution was come to by the Committee. Mr. Hillyard was heard to propose the following amendment in Clause 7, page 7, line 15, after the word "peace," to insert the words "in special sessions assembled for that purpose." Mr. Serjeant Merewether objected to the amendment. Room cleared. Motion made—{Mr. GrimsditchJ,—After the word " peace " to insert the words "in petty sessions assembled," and in line 18, after the word " mistake," to insert the words " seven days' previous notice being given to the owners and occupiers of the land which is the subject of inquiry before such justices." Question put,—" That these words be inserted —The Committee divided : AYES (3). NOES (9). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Mr. Hale. Mr. Wynn Ellis. Mr. Wilbraham. Captain A'Court. Mr. De Horsey. Mr. Brotherton. Mr. Philips. Mr. Hindley. Mr. Easthope. So it passed in the negative. Question put,—" That the words proposed by the Counsel for the Landowners be inserted —The Committee divided : AYES (3). NOES (9). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Mr. Hale. Mr. Wynn Ellis. Mr. Wilbraham. Captain A'Court. Mr. De Horsey. Mr. Brotherton. Mr Philips. Mr. Hindley. Mr. Easthope. So it passed in the negative. Parties called in, and informed thereof. Clause 8 being read— Mr. Hillyard proposed the following amendment :—Line 11 of the Clause, to leave out the words after the word "reference" to the word "unless" in line 13. Mr. Serjeant Merewether objected. Question put,—" That these words stand part of the Clause : "—The Committee divided: AYES (7). NOES (2). Mr. Yorke. Major Chetwynd. Mr. Hale. Mr. Grimsditch. Captain A'Court. Mr. De Horsey. Mr. Brotherton. Mr. Finch. Mr. Philips. Agreed to. 5 Y 380 22° die Augusti 1839. Parties called in, and informed thereof. Mr. Hillyard proposed to strike out the words, " without the like consent," proposed to be inserted by the Promoters after the word " shall," line 19 of the Clause. Mr. Serjeant Merewether objected. Mr. Hillyard replied. Room cleared. Question put,—" That the words stand part of the Clause —The Committee divided : AYES (7). NOES (3). Mr. Yorke. Mr. Grimsditch. Mr. Hale. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Finch. Mr. Philips. Mr. Easthope. Agreed to. Parties called in, and informed thereof. Room again cleared. Motion made—(Mr. Wynn Ellis),—at the end of the Clause to add the words "And in no case with or without consent shall such deviation exceed one hundred yards, or ten yards, as hereinbefore expressed." Question put,—" That these words be there added —The Committee divided : AYES (5). NOES (4). Mr. Yorke. Mr. Hale. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. Mr. Easthope. Mr. Finch. Agreed to. Words added accordingly. Clause 12 being read, Mr. Hillyard proposed the following Amendments— Page 10, line 8,—to strike out the words " they " and " think," and after " shall " insert " be Lines 10 and 11,—to strike out "and for the conveyance of passengers, goods, and merchandize to and from the said Railway Line 12,—after "thereto " insert the words "such lands being described upon the plan and in the book of reference Line 4, from the bottom,—after " and," insert " in all cases where the plan indicates an intention to that effect, hut not in any other case Page 11, line 4,—after "Railway," insert "which are described upon the plans and hooks of reference Line 8,—after " time to time," insert " until the expiration of the time hereinafter limited for the taking of lands for the purpose of the undertaking by this Act authorised;" At the end of the Clause to add proviso as follows —" Provided always, that in setting out and ascertaining the line of the said Railway, the said Company shall not have power to bore into or dig upon any lands, or to cut or fell any timber, without the previous consent of the owners or occupiers thereof, or in default of such consent without the written authority of two Justices of the Peace in special sessions assembled for the county where the said lands may he." Mr. Serjeant Merewether objected. Room cleared. Motion made—(Major Chetwynd),—"That the Committee do adjourn till To-morrow, at twelve o'clock :"—The Committee divided : AYES (2). NOES (5). Major Chetwynd. Mr. Yorke. Mr. Grimsditch. Mr. Hale. Captain A'Court. Mr. Brotherton. Mr. Philips. So it passed in the negative. Motion made— (Mr.Brotherton),—"To comply with the first Amendment as pro¬ posed by Mr. Hillyard." 22° die Augusti, 1839. 381 Upon which Major Chetwynd again moved the Adjournment. Agreed to. Adjourned till twelve o'clock To-morrow. Martis, 6° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Major Chetwynd. Capt. A'Court. Mr. Wilbraham. Selected Members. Mr. Yorke. Mr. Hale. Members added. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Mr. Hindley. Mr. Finch. Mr. Easthope. First Amendment proposed in Clause 12 by Mr. Hillyard, read, and agreed The Committee postponed the consideration of the Clause. Parties being called in, the Chairman informed them, that it was the wish of the Committee that the Promoters should remodel the Clause, defining the restrictions therein contained more clearly ; and that if the Opponents were not satisfied, that they should hand in a Clause, such as they thought would be sufficient to protect their interests. Clause 13 read. Clause 14 agreed to. Clause 15, line 4. Mr. Hillyard proposed to strike out the word " expedient." Mr. Serjeant Merewether objected. Question put,— "That the word be struck out," and negatived. Clause 16 read. Mr. Hillyard proposed some Amendments in this Clause, which were agreed to. Line 25. Mr. Hillyard proposed that the Proviso be struck out. Mr. Serjeant Merewether objected. Question put—" That the Proviso stand part of the Clause —The Committee divided : AYES (7). NOES (4). Mr. Yorke. Mr. Grimsditch. Mr. Hale. Major Chetwynd. Mr. Wilbraham. Mr. Wynn Ellis. Capt. A'Court. Mr. Finch. Mr. Brotherton. Mr. Philips. Mr. Easthope. Agreed to. Parties called in, and informed thereof. J I Clause 17 read and agreed to. Clause 18 struck out. Clause 19 read and agreed to. Clause 20 read. Boom cleared. Question put,—" That the Clause, as amended, stand part of the Bill —The Com¬ mittee divided : AYES (8). NO 0). Mr. Yorke. Major Chetwynd. Mr. Hale. Mr. Wilbraham. Capt. A'Court. Mr. Brotherton. Mr. Finch. Mr. Philips. Mr. Easthope. Agreed to. Parties called in, and informed thereof. Clause 21 read. 382 22° die August 1839- Mr. Hillyard proposed to leave out the words (line 21), "before or at the time of the admission of the said Company." Mr. Seijeant Merewether objected. The room was cleared. Question put,—"That the words stand part of the Clause —Agreed to. Parties called in. Clauses 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, read and agreed to. Clause 35 postponed. Clause 36 read and agreed to. Room cleared. Adjourned till To-morrow, at twelve. Mercurii, 7° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Mr. Copeland. Captain A'Court. Mr. Wilbraham. Selected Members. Mr. Hale. Mr. Yorke. Members added. Mr. Brotherton. Mr. Philips. Mr. Wynn Ellis. Clause 35 read. Mr. Serjeant Merewether was heard in support of the Clause. Mr. Hillyard was heard against the Clause. Mr. Serjeant Merewether replied. Several Amendments made in the Clause. Motion made— (MajorChetwynd),—Line 21 of the Clause, " To leave out all the words after the word ' respectively,' till the word 'and,' line 1, p. 36." Question put,—" That the words proposed to be left out stand part of the Clause — The Committee divided : AYES (8). NO (1). Mr. Yorke. Major Chetwynd. Mr. Hale. Mr. Grimsditch. Mr. Wilbraham- Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Agreed to. Motion made—(Major Chetwynd),—" To leave out the words, line 10, p. 36, after the word ' instruments,' to the word ' provided,' line 18." Question put,—" That the words proposed to be left out stand part of the Clause — The Committee divided: AYES (4). NOES (3). Mr. Yorke. Mr. Grimsditch. Mr. Hale. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. Agreed to. Parties called in, and informed of the Amendments made by the Committee in the Clause : the parties were directed to add a proviso accordingly. Clause 35 postponed. Clause 37, postponed. Clauses 38, 39, 40, 41, 42, 43, 48, 49, 50, 52, 53, 54, 57, 63, read and agreed to. Clauses 44, 45, 46, 47, 51, 55, 56, 58, 59, 60, 61, 62, postponed. Adjourned till To-morrow, at twelve o'clock. 22° die Augusti, 1839. 383 Jovis, 8° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditeh. Major Chetwynd. " Captain A'Court. Mr. Wilbraham. Mr. Yorke. Selected Member. Members added. Mr. Philips. Mr. Brotherton. Mr. Wynn Ellis. Mr. P. Thomson. Mr. Hindley. Mr. Finch. A discussion arose between Counsel as to the Opponents handing in the Amendments they desired to be made in the Bill by the Committee. Room cleared. Motion made—(Mr. Yorke),—and Question put,—" That all amendments, objections, and alterations made to any Clauses by either party, be made in writing, and given in to the Chairman before the evening of Friday, the 9th of August —The Committee divided : AYES (6). NOES (2). Mr. Yorke. Major Chetwynd. Mr. Grimsditeh. Mr. Wynn Ellis. Mr. Wilbraham. Captain A'Court. Mr. Brotherton. Mr. Philips. Agreed to. Parties called in, and informed thereof. A discussion having arisen upon Clause 12 (see Minutes of August 6th), the room was cleared. • The Minute of August 6th was read. Parties called in and informed—" That the Promoters having prepared a Clause accord¬ ing to the directions of the Committee, should hand it over to the opposing party ; that if they were not satisfied with it, they should hand in a Clause such as they thought would be sufficient to protect their interests." Clauses 12 and 35 further postponed. Clause 37 read. Mr. Austen was heard in support of the Clause. Mr. Hillyard objected to the Clause, and proposed several amendments : First amendment, Clause 37, page 37, lines 21, 22, 23, strike out the words " Or with the tenant or occupier of any lands required for the purposes of this Act Second amendment, page 38, lines 4 and 5, strike out " In which the matter or any part of the matter in dispute shall arise Third amendment, line 23, strike out " And place line 24, after " Appointed," insert " And at such place within the county in which the lands in question are situate, as the said sheriff, undersheriff, coroner, or other person, shall consider to be the most conve¬ nient place with reference to the locality of such lands Fourth amendment, page 39, lines 9 and 10, strike out " And whether situate within the same county or not Fifth amendment, line 36 to 40, strike out " Or by leaving the same with owner, tenant, or occupier of the premises intended to be valued, or respecting which, or any right or interest in which, or any damage to which, such question shall arise Add the two following provisos at the end of the Clause :— " Provided always, That in all cases in which it is provided by this Act that an inquiry shall or may be held before, the sheriff, undersheriff, or coroner of any county, touching the amount of compensation to be paid to any person in respect of the taking or interfering with his land for the purposes of this Act, it shall be lawful for any such person to elect to have the amount of such value or compensation settled and ascer¬ tained upon an issue to be tried in the Court of Queen's Bench, upon giving ten days' 5 Z 384 22° die Angus ti, 1839. notice to the said Company of such election ; and if, upon application by motion to the said court, or if the court be not sitting, then to a judge of the said court at chambers, it shall appear to the said court or judge that the matter in dispute should be tried before the said court, the amount of such value or compensation shall be settled and ascertained accordingly, in an action upon a feigned issue, to be commenced in the said court, in which the party claiming compensation shall be the plaintiff, and the said Company shall be defendants ; and shall thereupon accept a declaration and plead to the said action ; and in case the parties should differ touching the terms of such issue, the same shall be settled by the proper officer of the said court ; and such issue shall he tried before a special jury to he summoned, impanneled, and reduced in the usual manner, as in cases at the common law ; and the said court shall have power to direct a new trial upon the said issue, if they shall see fit, and shall give judgment for the sum ultimately awarded hy the verdict of such jury. " Provided also that the said court, if it shall grant such application, may, if it shall think fit, authorize the said Company to enter upon the said lands, without waiting the issue of the said trial, under such terms and conditions as to the said court may seem just." Mr. Austen was heard in reply. First amendment agreed to, and these words inserted, " Upon the premises with the tenant or occupier." Second amendment, page 38, lines 4 and 5, to strike out the words " In which the / matter or any part of the matter in dispute shall arise." Question put,—"That the words proposed to be left out stand part of the Clause — The Committee divided: Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Mr. Hindley. Agreed to. Third amendment, lines 23 and 24, agreed to, leaving out the words " The lands in question are situate," and inserting the words " The inquisition shall be held." Fourth amendment negatived. Fifth amendment agreed to, and these words inserted, " Or by leaving the same with the tenant or occupier upon the premises." Question put,—" That the two provisos be added —The Committee divided : AYES (7). NOES (2). Mr. Grimsditch. Major Chetwynd. Mr. Yorke. Mr. Wilbraham. AYES (3). NOES (5). Mr. Grimsditch. Major Chetwynd. Mr. Wynn Ellis. Mr. Yorke. Mr. Wilbraham. Captain A'Court. Mr. Brotherton. Mr. Philips. So it passed in the negative. Clause agreed to. Parties called in and informed of the amendments, &e. Clause to be substituted for clause 12, put in by the Promoters. Adjourned till To-morrow, at twelve o'clock. Veneris, 9" die 1839. Mr. Mildmayin the Chair. On Mr. Speaker's List. Mr. Grimsditch. Captain A'Court. Mr. Copeland. Major Chetwynd. Mr. Wilbraham. Mr. Miller. Selected Member. Mr. Yorke. 22° die Augusti, 1839. 385 Members added. Mr. Brotherton. "Mr. Philips. Mr. Hindley. Mr. Wynn Ellis. Mr. Hillyard, on the part of the landowners, handed in the Clause proposed by him to be substituted for Clause 12, containing " General power to survey and take lands and make the Railway." " And he it further Enacted, That for the purposes, and subject to the provisions of this Act, it shall be lawful for the said Company, their deputies, engineers, surveyors, borers, contractors, servants, agents, and workmen, and other persons by them authorised, from time to time, until the expiration of the period by this Act limited for the compulsory purchase, taking, and using of lands, to enter into and upon any lands delineated in the said maps or plans, and described in the books of reference hereinbefore referred to, prior to the purchase thereof by the said Company, and to survey and take levels of, and to bore in the same, or any part thereof, and to set out and appropriate the same ■or any parts thereof for the purposes of the same Railway ; and such approaches, works, matters, and conveniences to be connected therewith as shall be necessary for the purposes thereof; and after the purchase of the said lands, in manner hereinafter pro¬ vided, to take and use the same, and to bore, dig, cut, trench, embank, and sough, and to remove or lay, and also to use, work, and manufacture any earth, clay, stone, soil, sand, rubbish, timber, and other trees, roots of trees .beds of gravel, shingle, or any other materials or things whatsoever which may be found, dug, or obtained therein, or there¬ from, or removed thereto, or laid thereon, in the execution of any of the powers of this Act, or may otherwise be therein, and which may be necessary for making, maintaining, altering, repairing, or using the said Railway, and other works, matters, or conveniences by this Act authorised, or which may obstruct the making, maintaining, altering, repair¬ ing, or using of the same respectively, according to the true intent and meaning of this Act ; and also for the purposes, and according and subject to the provisions and restric¬ tions of this Act, to construct, make, and set up on the said lands, or any part thereof, such inclined planes, tunnels, embankments, bridges, arches, piers, aqueducts, viaducts, roads, ways, passages, conduits, drains, culverts, cuttings, and fences, and to erect and con¬ struct such warehouses, toll-houses, weighing-machines, cranes, engines, and other build¬ ings, machinery, and apparatus, and other works and conveniences as may be necessary for the purposes of the said Railway ; and also to divert or alter through such lands, the course of any rivers, canals, brooks, streams, or watercourses which it may be neces¬ sary to alter or divert for the purpose of constructing or maintaining tunnels, bridges, or passages under or over the same, and to divert or alter the course of any rivers or streams, roads, streets, or ways, or to raise or sink any such rivers, streams, roads, streets, or ways, in order the more conveniently to carry the same over or under, or by the side of the said Railway, or for any other purpose hereby authorised ; and also to make drains or conduits for the purpose of conveying water from or to the said Railway, or any lands adjoining or near thereto, and at any time, or from time to time, to alter, repair, or discontinue the before-mentioned works, or any of thpm, and to substitute others in their stead, and to do and execute all other matters and things necessary for making, maintaining, altering, repairing, and using the said Railway, and other works by this Act authorised, they the said Company, their deputies, contractors, agents, servants, and workmen, doing as little damage as may be in the execution of the several powers to them hereby granted ; and the said Company making satisfaction in manner herein pro¬ vided to all corporations, and other persons interested in any lands which shall be taken, used, or injured, for all damages to be by them sustained in or by the execution of all or any of the powers hereby granted ; and this Act shall, subject to the provisions and restrictions herein-contained, be sufficient to indemnify the said Company, and all per¬ sons whomsoever, for what they or any of them shall do by virtue of the powers hereby granted : Provided always, That before entering into or upon any such lands for any of the purposes aforesaid, the said Company shall give such notices as are hereinafter required in that behalf ; and in any case in which no such notice may be hereinafter spe¬ cifically required, the said Company shall give ten days' previous notice in writing of their intention to enter upon, or to use or occupy any such lands, to the owners and occupiers thereof: Provided also, That it shall not be lawful for the said Company, or any of their contractors, servants, agents, or workmen to bore, dig, or cut into or upon any lands before the purchase thereof by the said Company in manner hereinafter provided, or to fell any timber thereon without the previous consent of the owners and occupiers of such lands, or in default of such consent, without the written permission of two jus- 386 22° die Augusti, 1839. tices of the peace in petty sessions assembled for the district where the said lands may he situate, and under such terms as they shall think fit to impose : Provided also, That the said Company shall not have power to alter permanently the course or levels of any navigable river, canal, railway, turnpike road, or public carriage way, except in man¬ ner and to the extent shewn on the plans or sections hereinbefore referred to." Room cleared. Clause 12 put, and negatived. Clauses handed in by the two parties, read. Motion made,—" That the Clause, as proposed by the Promoters, stand part of the Bill." (See Clause in Bill giving power to survey and take lands, &c.) Amendment proposed,—(Major Chetwynd),—To leave out the words after the word " That," in order to insert the words, " The Clause as proposed by the Opponents stands part of the Bill." Question put,—" That the words proposed to be left out stand part of the Question —The Committee divided : AYES (4). NO (1). Mr. Yorke Major Chetwynd. Captain A'Court. Mr. Brotherton. Mr. Philips. Agreed to. Question put,—That the Clause stand part of the Bill —The Committee divided : AYES (5). NOES (2). M r. Yorke. M aj or Chetwynd. Mr. Copeland. Mr. Grimsditch. Captain A'Court. Mr. Brotherton. Mr. Philips. Agreed to. Clause passed. Proviso to Clause 35 handed in by the Promoters, read, and agreed to. Question put,—" That Clause 35, as amended, stand part of the Bill." Amendment proposed,—(Major Chetwynd),—To leave out the words after the word " That," in order to insert the words, " The Clause as follows stand part of the Bill." " And be it further Enacted, That on or before the expiration of three calendar months next after notice in writing from the said Company or their agent duly authorized of their intention to take or use any lands, or any part thereof, for the purposes of this Act, shall have been given in manner directed by this Act, to any person seised, pos¬ sessed, or interested in, or authorized by this Act to accept and receive satisfaction and compensation for the value of the same, or any estate, share, or interest therein, or charge thereon, or for any injury or damage sustained on account of the execution of this Act, such person shall deliver, or cause to be delivered at the office of the said Company, or send by the post to the said Company, a statement in writing of the parti¬ culars of the estate, share, interest, or charge which he shall claim to be entitled to, or be authorised to receive satisfaction and compensation for, and shall also within the same period, at the expense of the said Company, cause to be delivered to the said Com¬ pany or their agent, a true schedule or list in writing of all the instruments by which he may propose to establish his documentary title to any lands, estate, right, interest, or charge in respect of which, or the release or apportionment of which any compensation shall be required under this Act, and the said Company or their agents shall, at the expense of the said Company, and after the price to be paid for the said lands has been ascertained and settled, be at liberty to inspect the same instruments, or any of them, in the presence of the person having the custody thereof, and either before or after such inspection to dispense with or require an abstract or the verification in the usual man¬ ner of all or any of such instruments. " Provided nevertheless, that every notice from the said Company of their intention to take (either permanently or temporarily) any land, shall contain a statement of the pre¬ cise quantity and situation of the land required to be taken by them, and the nature and description of the works proposed to be made thereon, and shall be accompanied by a plan and section, on a scale of not less than eight inches to the mile, showing the precise situation and the width and depth or height, as the case may be, of the Railway and works proposed to be made on the said lands, and the dimensions and situation of all 2C2° die Augusti, 1839. 387 bridges, culverts, fences, drains, and other communications or conveniences which are proposed to be made thereon or for the purposes thereof, and of the adjoining lands, and shall also contain a statement of the damage or probable damage which the land¬ owner and occupier respectively may sustain, or be likely to sustain, by reason of the taking or using the land in question, or by reason of the exercise of the powers of this Act ; and in respect of all damages not specifically mentioned by the said Company in such notice, the landowner and occupier respectively shall have and be entitled to recover from the said Company (in manner hereinafter provided) full satisfaction and compensation from time to time, or at any time after, and notwithstanding any agree¬ ment by him or any finding of a jury upon or with reference to such notice (over and beyond, and wholly irrespective of what may be awarded or agreed to be paid upon or with reference to such notice)." Question put,—" That the words proposed to be left out stand part of the Question —The Committee divided: AYES (7). NOES (2). Mr. Yorke. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Mr. Wilbraham. Captain A'Court Mr. Brotherton. Mr. Philips. Mr. Hindley. Agreed to. Clause passed. Parties called in, and informed thereof. Clause 44 read. Mr. Austen was heard on the Clause, and assented to several amendments proposed by Mr.Hillyard, but objected to the insertion in page 44, line 11, after the word " Aforesaid," of the words " as between attorney and client." Mr. Burke was heard in support of the insertion of these words. Room cleared. Question put—" That these words c As between attorney and client,' stand part of the Clause —The Committee divided : AYES (3). NOES (7). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Mr. Copeland. Mr. Wilbraham. Capt. A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Mr. Hindley. So it passed in the negative. Clause, as amended, put, and agreed to. Clause 45 read. A discussion arose between Counsel. Several amendments made. Clause agreed to. Clause 46 read. , Mr. Bellasis was heard in support of the Clause. Mr. Hillyard was heard against the Clause. Mr. Bellasis was heard in reply. Room cleared. Clause amended. Question put—" That the Clause, as amended, stand part of the Bill —The Com¬ mittee divided : AYES (4). _ NOES (2)« Mr. Yorke. Major Chetwynd. Capt. A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Agreed to. 6 A 388 22° die Augustin 1839 Clause passed. Clause 47 read, agreed to, with amendments. Clause 51 read. Mr. Serjeant Merewether was heard in support of the Clause. Mr. Hillyard submitted several amendments. Mr. Serjeant, Merewether agreed to some, and objected to others. Room cleared. Line 13 of the Clause. Amendment proposed—(Major Chetwynd),—after the word "be," to leave out the word " conveniently." Question put—" That the word stand part of the Clause —.The Committee divided : AYES (4). NOES (2). Mr. Yorke. Major Chetwynd. Capt. A'Court. Mr. Grimsditch. Mr. Brotherton. Mr. Philips. Agreed to. Several amendments made. Clause, as amended, agreed to. Parties called in, and informed thereof. Clause 55 read, and agreed to, with amendments. Adjourned till Monday, at twelve o'clock. Lunœ, 12° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Grimsditch. Capt. A'Court. Major Chetwynd. Selected Member. Mr. Yorke. Members added. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. Mr. Hindley. Mr. P. Thomson. A Petition (presented on Friday) of certain shareholders of the Company, against a pro¬ viso proposed to be put into the Bill, was read. Agents, Burke and Yenables. Mr. Seijeant Merewether having stated to the Committee that there yet remained fifty-two disputed Clauses, applied to the Committee to decide upon those Clauses, with¬ out hearing the arguments upon them, on either side, having the Clauses, as proposed by both parties, before them. Mr. Hillyard objected to this course. Mr. Serjeant Merewether replied. The room cleared. The Committee decided that they could not accede to Mr. Serjeant Merewether's request. Parties called in, and informed thereof. The Committee proceeded to go through the Bill. Clause 56 read, and agreed to, with amendments. Clause 58 read. Mr. Hillyard was heard on certain amendments. Room cleared. Clause read. Amendment proposed—(Major Chetwynd),—page 54, line 20, to leave out the words " bore under, dig, or cut into, or." Question put—" That the words proposed to be left out stand part of the Clause —• The Committe divided : 22° die Augusti, 1839. 389 AYES (4). NOES (3). Mr. Yorke. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. Agreed Amendment proposed,— (MajorChetwyndJ,—in the proviso to the Clause, to add the word " owners," and to add the words " in petty sessions assembled." Question put,—" That these words be there added The Committee divided : _ AYES (2). NOES (5). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. So it passed in the negative. Clause, as amended, put, and agreed to. Parties called in, and informed thereof. Mr. Serjeant Merewether applied to the Committee to instruct their Chairman to move in the House that the Committee have leave to report from time to time. The room was cleared. The Committee deliberated. The Committee decided that the application was premature ; but left it open for their consideration, whether they should accede to it or not at a future stage of their pro¬ ceedings. Parties called in, and informed thereof. Clause 59 read. Mr. Hillyard was heard to propose that the words, page 55, line 6, " Or left upon the said lands," be struck out. The room was cleared. Question put,—" That these words stand part of the Clause —The Committee divided : AYES (3). NOES (5). Captain A'Court. Mr. Yorke. Mr. P. Thomson. Mr. Grimsditch. Mr. Brotherton. Major Chetwynd. Mr. Wynn Ellis. Mr. Philips. So it passed in the negative. Clause, as amended, agreed to. Parties called in, and informed thereof. Clause 60 read. Mr. Hillyard was heard to propose some amendments. Room cleared. Amendment proposed—(Mr. GrimsditchJ,—after the words said Company," line 7 of the Clause, to insert the words—" having given to such tenant the notices on this point required by this Act." Question put,—" That these words be there added —The Committee divided : AYES (3). NOES (4). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. So it passed in the negative. Clause, as amended, agreed to. Parties called in and informed thereof. Mr. Austen was heard to propose a proviso to Clause 59, in consequence of the amendments made in it by the Committee. Mr. Hillyard objected to this course. 390 22° die August 1839. Room cleared. The Committee decided that they could not accede to Mr. Austen's application. Parties called in, and informed thereof. Clause 61 read. Mr. Bellasis was heard in support of the Clause. Mr. Hillyard was heard to object to the Clause altogether. Mr. Bellasis replied. Room cleared. Clause amended. Question put,—" That the Clause, as amended, stand part of the Bill —The Com¬ mittee divided : AYES (4). NOES (2). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Grimsditch. Mr. Brotherton. Mr. Philips. Agreed Parties called in, and informed thereof. Clause 62 read, and agreed to. Clause 64 read. Mr. Talbot was heard in support of the Clause, and admitted some amendments pro¬ posed by the other party. Mr. Hillyard objected to some parts of the Clause, and proposed some amendments. Room cleared. Adjourned till To-morrow, at twelve o'clock. Martis, 13° die Augusti, 1839. m Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Captain A'Court. Selected Member. Mr. Yorke. Members added. Mr. Wynn Ellis. Mr. Hindley. Mr. Finch. Mr. Brotherton. Mr. Philips. The Committee proceeded to go through Clause 64. Room cleared. Amendment proposed—fMajor Chetwynd),—Page 57, line 6, after the word " shall," to strike out the word " wilfully ; " line 19, after the word " the," to strike out the word " unlawful." Question put,—" That the words proposed to he left out stand part of the Clause — The Committee divided : AYES (3). NOES (2). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Hindley. Agreed to. Question put,—Page 57, line 20, to strike out the words " a reasonable time," and insert the words " two calendar months ; " line 21, to strike out the word " five," and insert the word " ten —The Committee divided: AYES (4). _ NO (1). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Hindley. Agreed to. 22° die Angus ti, 1839. 391 Page 57, line 32, amendment proposed—(Major —to strike out the words after the word " incorrectly " to the word " provided," line 33. Question put,—"That the words proposed to be left out stand part of the Clause:"— The Committee divided : AYES (4). NO (1). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Hindley. Agreed to. Clause with its amendments agreed to. Parties called in, and informed thereof. Clause 65 read, and agreed to. Clauses 66, 67 read, and agreed to. Clause 68 read. On Mr. Serjeant Merewether being heard on the Clause, Mr. Hillyard claimed the right to be heard against the Clause, or to propose his amendments in the first instance, and also to have the right of reply. Mr. Serjeant Merewether objected to this claim. Room cleared. The Committee desired Mr. Serjeant Merewether to proceed with Clause 68. Mr. Serjeant Merewether was heard to support Clause 68. Mr. Hillyard was heard to propose some amendments. Mr. Serjeant Merewether was heard to reply. The room was cleared. Motion made—(Mr Brotherton),—"To add the proviso as it stands in the North Midland Railway Act to the Clause as amended in the Bill, instead of the proviso pro¬ posed by the Promoters or that proposed by the Opponents." Motion made—(Major Chetwynd),—and Question put,—"That the Committee do now adjourn —The Committee divided : AYE (1). NOES (5). Major Chetwynd. Mr. Yorke. Captain A'Court. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. So it passed in the negative. The Committee deliberated. Adjourned till To-morrow, at twelve o'clock. Mercurii, 14° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. ' Captain A'Court. Mr. Grimsditch. Selected Member. Mr. Yorke. Members added. Mr. Hindley. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Question put,—" That the proviso, as proposed, be added ta the Clause."—Agreed to. Motion made,—" That the Clause, as amended, stand part of the Bill." Amendment proposed,—" That the Clause, as it stands in the North Midland Railway, be substituted instead thereof." Question put,—" That the words proposed to be left out stand part of the Question — The Committee divided : 6 6 22° die August, 1839. AYES (3). NOES (2). • Mr. Wynn Ellis. Major Chetwynd. Mr. Yorke. Captain A'Court. Mr. Philips. Agreed to. Clause, as amended, read and agreed to. Parties called in and informed thereof. Clauses 69, 70, 71, 72, and 73, read, and agreed to, with amendments. Clause 74 read. Room cleared. Clause with amendments, agreed to. The Committee decided to meet henceforth every morning at Ten o'clock. Clauses 75 and 76, read, and agreed to. Clause 77 read. Mr. Bellasis was heard in support of the Clause. Mr. Hillyard proposed that in the last line but one of the Clause, before the word " interrupt," the word " permanently " be inserted. Mr. Bellasis replied. Room cleared. Question put,—" That the word ' permanently,' stand part of the Clause —The Committee divided : So it passed in the negative. Clause agreed to. Parties called in, and informed thereof. Clause 78 read. Mr. Bellasis was heard in support of the Clause, and agreed to some amendments proposed by Mr. Hillyard. Mr. Hillyard was heard to propose some amendments. Mr. Bellasis was heard to object. Room cleared. Amendments made. Clause passed. Parties called in, and informed thereof. Clauses 79, 80, and 81, read, and agreed to. Clause 82 read. Mr. Talbot was heard on the Clause, and agreed to some amendments proposed by Mr. Hillyard. Mr. Hillyard was heard to propose some further amendments. Mr. Talbot was heard in reply. Room cleared. Motion made—fMajor Chetwynd),—To leave out the words, 4th line," purchase or," " buildings," 5th line, " or," 6th line, " warehouses or other buildings," 8th line, " in fee simple or," 10th line, " and again sell or otherwise dispose of the same." . Question put,—" That the words proposed to be left out stand part of the Clause The Committee divided : AYE (1). Major Chetwynd. Mr. Yorke. Captain A'Court. Mr. Brotherton. NOES (5). Mr. Philips. Mr. Hindley. Mr. Yorke. Captain A'Court. Mr. Brotherton. Mr. Philips. Mr. Hindley. AYES (5). NOES (2). Major Chetwynd. Mr. Wynn Ellis. Agreed to. Clause, as amended, passed. 22° die Augus, 1839. 393 Parties called in, and informed thereof. Clauses 83, 84 read, and agreed to. Clause 85 read. Mr. Austen was heard on the Clause. Mr. Hillyard was heard to propose several amendments. Mr. Austen was heard in reply. Room cleared. Several amendments made in the Clause. Motion made—(Mr. Yorke),—At the end of the Clause to add the words, " unless it shall he shewn that the said Company have paid or tendered payment in satisfaction of such interruption as aforesaid." Question put,—" That these words stand part of the Clause —The Committee divided AYES (6). NOES (2). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Grimsditch. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. Mr. Hindley. Agreed to. Clause, as amended, agreed to. Parties called in, and informed thereof. Clauses 86 and 87 struck out. •% Clause 88 read. Mr. Austen was heard on this Clause. Mr. Hillyard was heard to propose several amendments. Mr. Austen was heard in reply. Room cleared. Motion made—(Major Chetwynd),—line 4 of the Clause, to insert after the words " cut through," the word " crossed." Line 7, after the word " expense," the words, " and to the satisfaction of the surveyors of the said roads." Line 10, after the word " thereof," the words "and to be properly found and well and sufficiently maintained until the completion of the operation." Line 14, after the word " and," the words, " as convenient for the landowners adjoining thereto, and." Line 18, after the word " trus¬ tees," the words " or other owners." At the end of the Clause the words, " and the Railway, where it shall cross any turnpike-road or public highway, shall be made and maintained in such manner as not to obstruct in any manner the traffic on such road or highway ; and every road or highway which may be in any manner altered or interfered with by the said Company, and every new road or highway which shall he made by the said Company in substitution for any existing road or highway, shall, to the extent to which it may have been so altered or interfered with, be kept in proper repair by and at the expense of the said Company for twelve months after the same shall have been so altered or interfered with, or substituted as aforesaid." Question put,—" That these words be inserted :"—The Committee divided : AYES (3). NOES (4). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. So it passed in the negative. Clause passed. Clause 89 read. Mr. Austen was heard in support of the Clause. Mr. Hillyard was heard to propose some amendments. Mr. Austen was heard in reply. Room cleared. Amendment proposed—(Major Chetwynd),—line 2, after the word "make," to insert the words " and maintain for the space of one year." Question put,—" That these words be inserted —The Committee divided : 99 394 22° die Augusti, 1839. AYES (4). NOES (2). Mr. Grimsditch. * Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Philips. Agreed to. Amendment proposed—(Major Chetwynd),—line 4, to leave out the word " turnpike, and insert the word " public," instead thereof. Question put—" That the words proposed to be left out stand part of the Clause — The Committee divided : AYES (3). NOES (4). Mr. Yorke. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. So it passed in the negative. Amendments made in the Clause. Clause, as amended, agreed to. Parties called in, and informed thereof. Clause 90 read. Mr. Bellasis was heard on the Clause, and adopted some amendments proposed by Mr. Hillyard. Mr. Hillyard was heard to propose several amendments. Mr. Bellasis was heard in reply. Room cleared. Amendment proposed—(Major Chetwynd),—line 3, to leave out the word "turn¬ pike," and insert the word " public." Question put—" That the word proposed to be left out stand part of the Clause — The Committee divided: AYES (4). NOES (3). Mr. Yorke. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. Agreed to. Amendment proposed—(Major Chetwynd),—to leave out the words " tile right of. Question put, " That the words proposed to he left out stand part of the Clause. The Committee divided : AYES (4). NOES (3). Mr. Yorke. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. Amendment proposed—(Major Chetwynd),—to leave out the words " duly authorised, after the word " person."—Agreed to. Clause, as amended, agreed to. Parties called in, and informed thereof. Clause 91 read, and agreed to, with amendments. Room cleared. Clauses 92, 93 read, and agreed to. Motion made—(Major Chetwynd),— " That the Committee do now adjourn. Question put : The Committee divided : AYES (2). NOES (4). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Brotherton. Mr. Philips. So it passed in the negative. Clause 94 read. Mr. Talbot was heard on the Clause. Mr. Hillyard was heard to propose several amendments. Mr. Talbot was heard in reply. Room cleared. ^ 99 9» 99 99 22° die Augusti, 1839. 395 Amendment proposed—(Major Chetwynd),—line 7> to leave out the word "twenty" and insert the word "thirty," and to leave out in Une 10 the word "public." Question put :—The Committee divided : AYES (5). NO (1). Mr. Y orke. Major Chetwynd. Captain A'Court. Mr. Brother ton. Mr. Philips. Agreed to. Clause, as amended, agreed to. Clause 95 read. Amendment proposed,—(Major Chetwynd),—to leave out the word " fifteen" and in¬ sert the word " sixteen." Question put—" That the word proposed to be left out stand part of the Question :" —The Committee divided: AYES (4). NO (1). Mr. Yorke. Major Chetwynd. Mr. Brotherton. Mr. Phiilps. Captain A'Court. Clause agreed to. Parties called in, and informed thereof. Agreed to. Adjourned till To-morrow, at ten o'clock. Jovis, 15° die Au 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Captain A'Court. Mr. Grimsditch. Mr. Copeland. Selected Member. Mr. Yorke. Members added. Mr. Brotherton. Mr. Easthope. Mr. Hindley. Mr. Philips. Mr. Wynn Ellis. m Clause 96 read. Mr. Bellasis was heard on the Clause, and conceded to the amendments proposed by Mr. Hillyard. The room was cleared. Motion made,—(Major Chetwynd),—and Question put—" That the Clause now before the Committee for their consideration be read by the Clerk of the Committee before it be passed —The Committee divided : AYE (1). NOES (4). Major Chetwynd. Mr. Yorke. Captain A'Court. Mr. Brotherton. Mr. Hindley. So it passed in the negative. Clause 97 read. Mr. Talbot heard on the Clause. Mr. Hillyard was heard against the Clause. Mr. Talbot was heard in reply. Room cleared. Question put—" That the Clause stand part of the Bill —The Committee divided : AYES (3). NO (1). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Brotherton. Agreed to. Parties called in, and informed thereof. Clause 98 read, and agreed to. Clause 99 read. Mr. Bellasis was heard on this Clause, and acceded to several amendments proposed by Mr. Hillyard. 6 C 396 22° clie Augustin 1839. Mr. Hillyard was heard to propose some further amendments. Mr. Bellasis was heard in reply. Room cleared. Several amendments made in the Clause. Amendment proposed,— (Major Chetwynd),—to strike out all the words (last line, page 81,) after the word " Act" to the word " Provided," line 5, p. 82. Question put—" That those words stand part of the Clause —agreed to. Amendment proposed,— (Mr. Grimsditch),—to leave out the word "two," line 11, p. 82, and insert the word " four." Question put—" That the word proposed to be left out stand part of the Clause — agreed to. Amendment proposed,—(Major Chetwynd),—after the word "Railway," line 7>p. 82 to leave out all the words to the end of the Clause. Question put—" That the words proposed to be left out stand part of the Clause — The Committee divided: AYES (4). NOES (2). Mr. Yorke. Mr. Grimsditch. Capt. A'Court. Major Chetwynd. Mr. Brotherton. Mr. Philips. Agreed to. Motion made,— (Major Chetwynd),—to add the following Proviso: "And provided further, that for the use of the owners, lessees, and tenants of mines and minerals, over which the said Railway may pass, and for the commodious use and occupation of the said mines and minerals on either side of the said Railway, and for protecting the same from trespass, the provisions last aforesaid shall he held to extend to compel the said Company from time to time, during the space of fifteen years from the passing of this Act, to make (in addition to the gates, bridges, arches, hollows, culverts, fences, ditches, drains, and passages hereinbefore required to be made) as soon as the said Railway shall have been laid out and formed, such and so many other gates, bridges, arches, hollows, culverts, fences, ditches, drains, and passages, for the purposes aforesaid, or any of them, as any two Justices of the county within which such mines or minerals may lie, shall from time to time, and at any time during the space of fifteen years from the passing of this Act, judge necessary, and appoint in manner aforesaid ; hut all such gates, bridges, arches, hollows, culverts, fences, ditches, drains, and passages as last aforesaid, shall be constructed, made, and maintained (subject at all times to the proviso hereinbefore con¬ tained, forbidding any prevention or obstruction of the regular working or using of the said Railway or works, or the passage upon or along the same)," at the end of the Clause. Question put—" That the Proviso he there added :"—The Committee divided : AYES (2). NOES (4). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Capt. A'Court. • Mr. Brotherton. Mr. Philips. So it passed in the negative. Clause 100 read. Mr. Austen was heard on the Clause. Mr. Hillyard was heard against certain parts of the Clause. Mr. Austen was heard in reply. The room was cleared. Clause amended, and passed. Parties called in, and informed thereof. Clause 101 read. Mr. Austen heard on the Clause. Mr. Hillyard was heard against the Clause. Clause struck out, and manuscript Clause B substituted instead thereof. Clause 102 read. Mr. Austen was heard on the Clause. Mr. Hillyard was heard against the Clause. Mr. Austen was heard in reply. Room cleared. Clause amended. 22° die August, 1839. 397 Question put—" That the Clause stand part of the Bill —The Committee divided : AYES (3). NOES (4). Mr. Yorke. Mr. Grimsditch. Capt. A'Court. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. So it passed in the negative. Parties called in, and informed thereof. Clause 103 read. Room cleared. Amendment proposed—( Major Chetwynd),—to leave out the words after the word " fences," in line 7, to the word " and " in line 10. Question put—" That the words proposed to be left out stand part of the Clause — agreed to. Clause passed. Parties called in, and informed thereof. Clause 104 read. Mr. Austen heard on the Clause, and acceded to several amendments proposed by Mr. Hillyard. Mr. Hillyard was heard to propose some further amendments. Room cleared. Several amendments made in the Clause. Clause agreed to. Parties called in, and informed thereof. Clause 105 read. Mr. Austen was heard on the Clause. Mr. Hillyard was heard to propose several amendments. Mr. Austen was heard in reply. Room cleared. Amendment proposed,— (Mr. Grimsditch),—line 4 from the bottom of the page, after the word " always," to omit all the words to the word " also," in the 2nd line from the bottom. Question put, " That the words proposed to be left out stand part of the Clause :" —The Committee divided: AYES (3). NOES (3). Mr. Yorke. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Mr. Brotherton. Mr. Wynn Ellis. The Chairman gave his casting vote with the Ayes. Clause amended, and agreed to. Motion made,— (Mr. Grimsditch),—and Question put—" That the Committee, at its rising, adjourn till twelve o'clock To-morrow —The Committee divided : AYES (4). NOES (4). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Mr. Copeland. Mr. Wynn Ellis. Captain A'Court. Mr. Easthope. Mr. Brotherton. The Chairman gave his casting vote to the Noes. Question put—" That the Committee, at its rising, do adjourn till To-morrow, at ten o' clock —Agreed to. Parties called in, and informed that Clause 105 was passed. Clause 106 read. Mr. Austen was heard on the Clause. Mr. Hillyard was heard against the Clause. Adjourned till To-morrow, at ten o'clock. Veneris, 16° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Captain A'Court. Major Chetwynd. Mr. Grimsditch. Selected Member. Mr. Yorke. 398 22° die Augustin 1839. Members added. Mr. Brotherton. Mr. Wynn Ellis. Mr. Philips. Mr. Hindley. Mr. Hillyard was further heard against the Clause 106. Mr. Talbot was heard in reply. The room was cleared. Clause amended. Question put—" That the Clause stand part of the Bill —The Committee divided : AYES (4). NOES (2). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Philips. Mr. Brotherton. Agreed to. Parties called in, and informed thereof. Clause 107 read. Mr. Talbot was heard on the Clause. Mr. Hillyard was heard against some part of the Clause. Mr. Talbot was heard in reply. The room was cleared. Amendment proposed,— (Mr. Yorke),—page 88, line 6 from the bottom, to leave out all the words after the word " respectively," to the word " Provided" in line 3, p. 89, and to insert the following instead thereof : " Provided always, that in case such engineer shall neglect or refuse to furnish or give in, if requested by any such owner as aforesaid, any such plan, section, or specification as aforesaid, within the space of one calendar month from the time of such request being made ; then, the parties so requiring as aforesaid such plan and specification as aforesaid, shall summon such engineer in the usual manner before two Justices acting within their jurisdiction, who shall make such order therein as they shall think proper." Question put—" That the words proposed to be left out stand part of the Clause — Committee divided: AYE (1). NOES (7). Mr. Hindley. Mr. Yorke. Mr. Grimsditch. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Philips. So it passed in the negative. Clause amended, as proposed. Amendment proposed,—(Mr. Yorke),—line 9, p. 89, after the word " any," to leave out the words " probable danger of such." Question put—" That the words proposed to be left out stand part of the Clause — The Committee divided : AYES (4). NOES (4). Captain A'Court. Mr. Yorke. Mr. Brotherton. Major Chetwynd. Mr. Philips. Mr. Grimsditch. Mr. Hindley. Mr. Wynn Ellis. The Chairman gave his casting vote with the Ayes. Clause further amended, and agreed to. Parties called in, and informed thereof. Clauses 108 to 112 read, and agreed to. Clause 112 read. Room cleared. Motion made,— (Major Chetwynd),—page 91, line 3 from the bottom of the Clause, after the word " Manchester," to insert the word " London." Question put—" That the word 'London' be there inserted —The Committee divided : AYES (2). NOES (4). Major Chetwynd. Mr. Yorke. Mr. Hindley. Captain A'Court. Mr. Brotherton. Mr. Philips. 22° die Angus ti, 1839. 399 So it passed in the negative. Clauses 112 to 142 read and agreed to, with amendments. Clause 142 read. Amendment proposed,— (Major Chetwynd'),—last line but one from the bottom, to leave out the word " two" and insert " three," instead thereof. Question put—" That the word proposed to be left out stand part of the Clause :"— The Committee divided: AYES (4). NOES (2). Mr. Yorke. Mr. Hindley. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Philips. Clause agreed to. Clause 143 read. Motion made,—(Major Chetwynd),—line 9, to leave out the words " or private con¬ tract." Question put—" That the words proposed to be left out stand part of the Clause :—The Committee divided : AYES (4). NOES (2). Mr. Yorke. ' Mr. Hindley. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Philips. Clause agreed to. Clauses 144 to 147 read and ayreed to, with amendments. Amendment proposed,—(Major Chetwynd),—Clause 147, line 8, to leave out the word " ten" and insert the word " five." Question put—" That the word proposed to be left out stand part of the Clause :"— The Committee divided : AYES (3). NOES (3). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Hindley. Mr. Philips. Mr. Brotherton. The Chairman gave his casting vote to the Ayes. Clause agreed to. Clauses 148 to 168 read, and agreed to. Motion made,—(Mr. Yorke),—and Question put—•" That the Committee, at its rising, adjourn till To-morrow at eleven o'clock —The Committee divided : AYES (5). NO (1). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Brotherton. Mr. Philips. Mr. Hindley. Agreed to. Parties called in, and informed that the Committee had passed the Clauses up to the 168th. Clause 168 read. Mr. Serjeant Merewether was heard on the Clause. Mr. Hillyard was heard to propose some amendments. Mr. Serjeant Merewether was heard in reply. Room cleared. Amendment proposed,—(Major Chetwynd),—to leave out, last line of the Clause, the word " three." Question put—" That the word proposed to be left out stand part of the Clause The Committee divided : AYES (4), NO (1). Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Brotherton. Mr. Philips. tj Clause agreed to, Parties called in, and informed thereof. Clause 169 read. Agreed to. 6 D 400 22° die Augustin 1839. Mr. Hillyard was heard to propose, 8th line of the Clause, to leave out the words " two pence," and insert the words " one penny." Mr. Serjeant Merewether was heard against the proposed amendment. Room cleared. Motion made,—(Mr. YorJce),—and Question put—"That the word ' two ' stand part of the Clause : "—agreed to. Motion made,—(Major Chetwynd),—after the words " per mile," line 8, to add the words " which shall be the maximum price, including all charges whatever." Question put—" That those words be there added :"—The Committee divided : AYES (2). NOES (5). Major Chetwynd. Mr. Yorke. Mr. Grimsditch. Captain A'Court. Mr. Brotherton. Mr. Philips. Mr. Hindley. So it passed in the negative. Amendment proposed,—(Mr. Grimsditch),—line 3 from the bottom of the page, to leave out the words " one halfpenny," and insert the words " one farthing." Question put—" That the words proposed to be left out stand part of the Clause :" —The Committee divided : AYES (4). NOES (2). Mr. Yorke. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Philips. Agreed to. Adjourned till To-morrow, at eleven o'clock. Sabatti, 17° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Major Chetwynd. Mr. Grimsditch. Captain A'Court. Selected Member. Mr. Yorke. Members added. Mr. Brotherton. Mr. Philips. Mr. Easthope. Mr. Attwood. Motion made,—(Major Chetwynd),—to leave out the words, p. 127s line 4, "and not weighing more than one ton." Question put—" That the words stand part of the Bill : "—agreed to. Clause, as amended, agreed to. Parties called in, and informed thereof. Clause 170 read. Mr. Seijeant Merewether was heard on the Clause. Mr. Hillyard was heard to propose a proviso to the Clause. Mr. Seijeant Merewether was heard in reply. Room cleared. Question put—" That the proviso, as suggested by the Opponents, stand part of the Clause,—Provided always, that it shall not be lawful for the said Company, or for any other Company or person using the said Railway, to charge for the conveyance of any passenger upon the said Railway any greater sum than the sum of 2 per mile, includ¬ ing the rate or toll hereinbefore granted ; and that it shall not be lawful for the said Company, or for any other Company or person using the said Railway, to charge for the conveyance of general merchandize upon the said Railway any greater sum than the sum of 2 \d.per ton per mile, including the rate or toll hereinbefore granted —The Committee divided: AYES (4). NOES (4). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Attwood. Mr. Brotherton. Mr. Easthope. Mr. Philips. 22° die Augusii, 1839. 401 The Chairman gave his casting vote with the Noes, so it passed in the negative. Amendments to the Clause agreed to. Parties called in, and informed thereof. Adjourned till , at ten o'clock. Lunce, 19° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Copeland. Major Chetwynd. Captain A'Court. Mr. Grimsditch. Selected Member. Mr. Yorke. Members added. Mr. Brotherton. Mr. Hindley. Mr. Philips. Mr. Easthope. Mr. Attwood. Mr. P. Thomson. Clauses 170, 171, 172 read, and agreed to, with amendments. Clause 173 read. Mr. Talbot was heard on the Clause. Mr. Hillyard was heard to propose several amendments. Mr. Talbot was heard in reply. Room cleared. Clause struck out. Manuscript Clause, in accordance with that in the London Grand Junction Railway Act, read, and agreed to. Parties called in, and informed thereof. Clause 174 read. Mr. Bellasis was heard on the Clause, and agreed to some amendments proposed by Mr. Hillyard. Mr. Hillyard was heard to propose several amendments. Room cleared. Several amendments made in the Clause. Clause agreed to. Parties called in, and informed thereof. Clauses 175, 176 read. Clause 177 read. Mr. Serjeant Merewether was heard on the Clause. Mr. Hillyard was heard to propose some amendments. Mr. Serjeant Merewether was heard in reply. Room cleared. Question put—line 4 of the Clause, to insert the words "and shall consume" after the word " consuming : "—negatived. Clause 178 read. Mr. Serjeant Merewether was heard on the Clause. Mr. Hillyard was heard to propose certain amendments. Mr. Serjeant Merewether was heard in reply. Room cleared. Amendment proposed,—( Mr.Grimsditch),—to leave out the words " five hundred," line 4 of the Clause, and insert the words " one hundred and twelve," instead thereof. Question put,—" That the words ' five hundred' stand part of the Clause —The Committee divided: AYES (3). NOES (3). Mr. Yorke. Mr. Grimsditch. Captain A'Court. Major Chetwynd. Mr. Brotherton. Mr. Copeland. The Chairman gave his casting vote with the Ayes. Clause agreed to. Parties called in, and informed thereof. Clauses 179, 180, and 181, read, and agreed to. Clause 182 read. Mr. Serjeant Merewether was heard on the Clause. Mr. Hillyard was heard, to propose several amendments. Mr. Serjeant Merewether heard, and agreed to adopt a Clause in conformity with that in the Manchester and Birmingham Railway Act. 402 22° die August, 1839. Clause struck out. Manuscript Clause read, and agreed to. Clauses 182 to 188 read, and agreed to. Clause 188 read. Several amendments made in the Clause. Proviso proposed by the Promoters read, enabling the Directors of the Company to agree with the Manchester and Birmingham Railway Company to apply to Parliament for leave to consolidate the two Companies. The Petition of the undersigned, being certain shareholders of the Company, was read against the Proviso. Mr. Serjeant Merewether was heard in support of the Proviso. Mr. Burke objected to Mr. Serjeant Merewether being allowed to go into the contents of the Petition till he had been heard upon it. Room cleared. Motion made,—(Mr. Copeland),—" That Mr. Serjeant Merewether do proceed with the case."' Amendment proposed,—(Mr. Grimsditch,)—to leave out the words after the word " That," in order to insert the following instead thereof,—" Mr. Burke, the Agent of the Petition, be allowed to be first heard upon the Petition." Question put—" That the words proposed to be left out stand part of the Question The Committee divided: AYES (6). NOES (2). Mr. Yorke. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Capt. A'Court. Mr. Thomson. Mr. Brotherton. Mr. Philips. Agreed to. Main Question put, and agreed to. Parties called in, and informed thereof. Mr. Serjeant Merewether further heard. Mr. Burke was heard against the Proviso. Mr. Serjeant Merewether was heard in reply. Room cleared. Motion made,—(Mr. YorheJ,—and Question put—" That this Proviso stand part of the Clause —The Committee divided : AYES (5). NOES (2). Mr. Yorke. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Captain A'Court. Mr. Brotherton. Mr. Philips. Agreed to. Clause, as amended, agreed to. Parties called in, and informed thereof. Clauses 189 to 200 read, and agreed to. Clause 200 read, and agreed to. Clause 201 read. Mr. Serjeant Merewether was heard on the Clause. Mr. Hillyard was heard against the Clause. Mr. Serjeant Merewether heard in reply, and consented to the insertion of a manu¬ script Clause in accordance with a similar Clause in Railway Act. Room cleared. Clause struck out. Manuscript Clause read, and agreed to. Parties called in, and informed thereof. Clause 202 read. Mr. Austen heard on the Clause. Mr, Hillyard was heard, to propose further amendments. Clause agreed to. Clause 203 read. Mr. Austen was heard on the Clause. Mr. Hillyard was heard, to propose some amendments. Room cleared. 22° die August it 1839. 403 Motion made,—(Major Chetwynd),—and Question put—At the end of the Clause to insert the words " further than is unavoidably necessary —The Committee divided: AYE (1). NOES (7). Major Chetwynd. Mr. Yorke. Mr. Grimsditch. Mr. Copeland. Captain A'Court. Mr. Brotherton. Mr. Philips. Mr. Easthope. Clause agreed to. Adjourned till To-morrow, at twelve o'clock. Martis, 20° die Augusti, 1839. Mr. Mildmay in the Chair. On Mr. Speaker's List. Mr. Copeland. Mr. Grimsditch. Major Chetwynd. Selected Member. Mr. Yorke. Members added. Mr. Brotherton. Mr. Philips. Mr. Wynn Ellis. Mr. Easthope. Clauses 204, 205, 206, 207, 208, 209, 210 read. Clause 211 read. Room cleared. Amendment proposed,—(Major Chetwynd),—to leave out the words " five pouuds," and insert the words "forty shillings." Question put—" That the words ' five pounds' stand part of the Clause —The Com¬ mittee divided : AYES (3). NOES (3). Major Chetwynd. Mr. Yorke. Mr. Wynn Ellis. Mr. Copeland. Mr. Philips. Mr. Brotherton. The Chairman gave his casting vote with the Noes. So it passed in the negative. Clause amended, and agreed to. Parties called in, and informed thereof. Clauses 211 and 212 agreed to. Clause 213 struck out. Clauses from 214 to the end of the Bill, read, and agreed to, with Amendments. Schedule read. Mr. Serjeant Merewether heard on the Schedule, and contended that Mr. Hillyard was not at liberty to enter upon the Schedule. Mr. Hillyard was heard to oppose the passing of the Schedule, unless very material alterations were made in it, and contended for his right to be heard. On the motion of Mr. Yorke the room was cleared. Motion made,—(Mr. Yorke),—" That it appears to this Committee, that it would be highly dangerous, in the absence of evidence which shall apply to each and every case therein, to open the Schedule annexed to this Bill, as it appears to this Committee that all property therein mentioned is sufficiently guarded by the sections 8 and 11 ; but the Committee recommend to the Promoters of the Bill to review the said Schedule, and to strike out therefrom such property as they are not empowered to take for the purposes of the Railway — Amendment proposed,—(Major Chetwynd),—to leave out the words after the word " That," in order to insert the words, " the Schedule to the Bill be amended by the Committee by striking out of it the several properties which are beyond the allowed limits of deviation, or which have evidently been inserted in it by mistake, particularly the properties of the dissenting landowners." Question put—-"That the words proposed to be left out stand part of the Question — The Committee divided : 6 E 404 22° die Augusti, 1839. AYES (5). NOES (3). Mr. Yorke. Mr. Grimsditch. Mr. Copeland. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Brother ton. Mr. Philips. Agreed to. Main Resolution put, and agreed to. Parties called in, and informed thereof. Mr. Serjeant Merewether suggested some amendments in the Schedule, which were adopted. A long discussion then arose as to alterations proposed in the Schedule by Mr. Hill- yard and Mr. Lyon, on the ground that the land so described did not come within 100 yards from the line of Railway as laid down ; Mr. Serjeant Merewether contending that the question ought not to be entertained. Room cleared. Motion made,— (Mr. Yorke),—"That the Schedule, as amended, stand part of the Clause — Amendment proposed,—(Mr. Easthope),—to leave out the words after " That," in order to insert the words " the Opponents be heard against names and properties remain¬ ing in the Schedules which the Promoters are not entitled to take under the powers of this Bill." Question put—" That the words proposed to be left out stand part of the Question :" —The Committee divided : AYES (5). NOES (4). Mr. Yorke. Mr. Grimsditch. Mr. Copeland. Mr. Copeland. Captain A'Court. Mr. Wynn Ellis. Mr. Brotherton. Mr. Easthope. Mr. Philips. Agreed to. Resolved, " That the Schedule, as amended, stand part of the Bill." Several Manuscript Clauses, protecting the interests of several Canals, Roads, &c. on the Line, the Birmingham and Derby Railway, and the Midland Counties Railway Company, were read, and agreed to. Mr. Serjeant Merewether offered some Clauses to protect the Trent and Mersey Navi¬ gation, but Mr. Lyon protested against them, and they were withdrawn. Mr. Hillyard was heard to propose a Clause " subjecting the Company to a penalty for damage done by their workmen, &c. on adjoining lands " Mr. Serjeant Merewether was heard against the insertion of the Clause. Mr. Hillyard was heard in reply. Clause agreed to. Another Clause agreed to,—" Owners of Land may require the Company to use certain lands for temporary purposes." Mr. Hillyard was heard to propose a Clause hindering the Company from building cottages, &c. on any land they may have taken, without having given due notice of the same. Mr. Talbot was heard against the Clause. Mr. Hillyard was heard in reply. Room cleared. Question put—" That the Clause stand part of the Bill —The Committee divided: AYES (3). NOES (4). Mr Grimsditch. Mr. Yorke. Major Chetwynd. Captain A'Court. Mr. Wynn Ellis. Mr. Copeland. Mr. Brotherton. So it passed in the negative. Parties called in, and informed thereof. Mr. Hillyard was heard to propose a Clause " compelling the passenger trains to stop at all the stations." Mr. Bellasis was heard against the Clause. Mr. Hillyard was heard in reply. Room cleared. Q lestion put,—" That the Clause sta nd part of the Bill —The Committee divided : 22° die Augusii, 1839. 405 « (C AYES (3). NOES (5). Mr. Grimsditch. Mr. Yorke. Major Chetwynd. Mr. Copeland. Mr. Wynn Ellis. Captain A'Court. Mr. Brotherton. Mr. Philips. So it passed in the negative. Parties called in, and informed thereof. Major Chetwynd brought up the following Clauses :— " Company to exercise the powers for providing locomotive engines and carrying without partiality." Company to convey all goods at an equal rate per ton, and indifferently." Penalties for refusing to carry goods or merchandize, or for giving undue preference, or for delay." " Penalty on Company for not stopping the train at the station to which any passenger shall have paid his fare, or for leaving before the hour appointed." Question put.—" That these Clauses stand part of the Bill :"—The Committee divided: AYES (2). NOES (5). Mr. Wynn Ellis. Mr. Yorke. Major Chetwynd. Mr. Copeland. Mr. Brotherton. Mr. Philips. Mr. Easthope. So it passed in the negative. Resolution No. 21 of the Report read. Amendment proposed,—(Major Chetwynd),—to leave out all the words after the word " Petitions," in order to insert the following instead thereof,—" were presented against the Bill, viz. " From James Oldham Oldham, esquire, of Bellamour Hall, complaining that the Railway is to be made on an embankment close to, and within sight and hearing of, his mansion-house ; and stating that it is uncalled for by any public necessity. " From Mrs. Elizabeth Sparrow, of Bishton Hall, complaining that the line would run on an embankment close to her pleasure-grounds and ornamental property, on which she had expended large sums of money ; that the comfort of her residence would be destroyed ; and that the measure is not required by the wants of the public. " From the Earl of Harrowby, complaining that the line would pass on an embank¬ ment within sight and hearing of his mansion, at Sandon ; would interfere with the orna¬ mental character of the property in the neighbourhood ; and is wholly uncalled for by any public necessity. " From Sir George Chetwynd, and other landowners on the line, alleging grievous injuries to their properties, the sufficiency of the present means of communication, non¬ necessity of the proposed measure, the hardships of having their properties sacrificed for the benefit of speculators, and the existence of a better line, passing in a different direc¬ tion from the line proposed, in case any improved communication should be necessary. From Mrs. Sophia Place, of Weddington Castle, to the same effect. From John George Norbury, esquire, of Mancetter House, to the same effect. " From the Reverend James Roberts, of Wisherley, to the same effect. " From John Baggaley, esquire, of Alrewas, to the same effect, and stating the prac¬ ticability of a much better line in another direction, and one which would confer much greater public benefit, if any improved communication should be required between Man¬ chester and London and the Eastern Counties. " From the Trent and Mersey Navigation Company, complaining of interference with their property ; and stating that the present means of communication on the line of the proposed Railway are fully sufficient for all the purposes of the public convenience, and consequently that the projected line is unnecessary. " From the Midland Counties Railway Company, stating that the Railway would, to a great extent, be a competing Line with the Midland Counties Railway, and was uncalled for by public necessity, as the present means of communication are amply sufficient. " From the Birmingham Canal Company, complaining of interference with their pro¬ perty, and stating that the measure is uncalled for by the wants of the public. " Of these the Trent and Mersey Navigation Company appeared, and were heard by their Counsel. « C( 406 22° die August 183.9. " With reference to the Petitions of the Grand Junction, London and Birmingham, and Midland Counties Railway Companies, the Committee resolved as follows :— " ' That it is the opinion of the Committee that the Line of the Grand Junction Railway Company, considered in conjunction with the Line of the London and Birmingham Rail¬ way, is a competing Line with regard to the Line now before the Committee. " ' That the fact that the Lines of Railway above-mentioned, considered conjointly, are a competing Line, does not necessarily entitle the Companies concerned in those Rail¬ ways to appear as parties before the Committee. " ' That the Committee adheres, in the case of the Grand Junction Railway, to the deci¬ sion to which it came in the case of the London and Birmingham Railway, and declines to allow them to appear as parties before the Committee.' " And upon these Resolutions the Committee excluded these Petitioners from being heard upon their Petitions. " Clauses were inserted by arrangement with the Birmingham Canal Company. " The landowners were severally heard on their Petitions, except in reference to the existence of a better line than the Line proposed. An engineer (with a plan and section of the Line suggested by the Petitioner, Mr. Baggaley), and several other witnesses attended in support of that Line as preferable in a public point of view to the present Line ; but the Committee declined to hear that evidence, or to consider the merits of that Line, considering that the plans and sections of such Line should have been depo¬ sited (under Resolution No. 8) in order to entitle the Petitioner to set it up in opposi¬ tion to the Line proposed by the Bill, although he by his Counsel contended that, as a landowner, he had a right to have that line considered by the Committee, with a view to ascertain whether it would not (besides avoiding his property) better serve the public interests than the line proposed by the present Bill — Question put,—" That the words proposed to be left out stand part of the Resolu¬ tion —The Committee divided: AYES (4). Mr. Yorke. Mr. Copeland. Mr. Brotherton. Mr. Philips. NOES (3). Mr. Wynn Ellis. Major Chetwynd. Mr. Easthope. Agreed to. Main Resolution put, and agreed to. Ordered to report to the House. mu ■ >i■ i inn mu mu him uni iiiii mu mu urn iiiii mu n mi 5556 042 145490 This book is a preservation facsimile produced for the Northwestern University Library. It is made in compliance with copyright law and produced on acid-free archival 60# book weight paper which meets the requirements of ANSI/NISO Z39.48-1992 (permanence of paper) Preservation facsimile printing and binding by Acme Bookbinding Charlestown, Massachusetts 2012