HC Deb 14 March 1845 vol 78 cc887-9

The House assembled at twelve o'clock, and went into a Committee on the Railway Clauses Consolidation Bill.

The last clauses of the Bill having been agreed to and some new clauses added, the Committee took into consideration the postponed clauses.

On Clause 20,

Lord G. Somerset

introduced an Amendment the better to secure mansions, ornamental grounds, and private roads from invasion by railway companies. It also altered the distance from 1,000 yards to 500 yards, with some minor changes of the same kind.

Colonel Sibthorp

still entertained his objection to the whole clause, and was resolved to resist it. If he could not expunge it altogether in this stage, he would at least amend it, in order that it might not be so gross an attack upon private property. He entered his solemn protest against it, and hoped, if not here, that in another place, where landed property was more regarded, the clause would be rejected.

Lord G. Somerset

observed that if his hon. and gallant Friend's Amendments were adopted, the clause would be valueless. He hoped that they would not be pressed; but that a solemn protest such as that just entered would be deemed sufficient.

Colonel Rolleston

pointed out the particular instances in which railway companies had unduly invaded private property and ornamented grounds. Gentlemen's seats, mansions, and parks were exposed to most severe injury, and he hoped that nothing that could be done to protect them would be omitted in the Bill.

Lord G. Somerset

added that such was the main object of his Amendments to the clause. He intended also to give private parties the Common Law remedy against nuisances, if companies erected brick kilns, coke ovens, or other annoyances near a mansion.

Sir D. Norreys

objected to the enormous powers given by the clause to engineers; the less care an engineer took in laying out his plans the greater was the latitude given to him by the Bill.

Lord G. Somerset

urged that allowance ought to be made for engineers, who might not be able in the first instance to lay out their plans and lines with as much exactness as afterwards. He could not consent to modify the clause more than he proposed by his Amendments in the hands of the clerk.

Mr. Tatton Egerton

remarked, that many special Acts gave greater powers of this description than the Bill under consideration.

Colonel Sibthorp

called attention to the situation of the poor man whose private property was invaded, or a nuisance erected in its neighbourhood, and who had no remedy beyond an action at law, the costs of which he could not afford. He considered the clause so oppressive, that if he found nobody to support him he would divide against it at the proper stage. He had not been sent there to protect the rights of gentlemen only; and if the notion of other Members was that all they had to do was to take care of the rich, who could take care of themselves, it was high time the House underwent a new reform.

Clause as amended agreed to.

The other postponed clauses were agreed to or omitted.

The House resumed. Report brought up.

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