RAILWAY COMPANIES' CONSOLIDATION BILL. (Hansard, 27 February 1845)

§ Colonel Sibthorp
protested against the course they were following. By three or four clauses of this Bill, particularly the 14th, they were giving such extraordinary powers to the Board of Trade as amounted to a dangerous violation of the rules of law relative to private property. He had always understood that, by residing in England, he lived in a free land, where any man's property, be it small or large, was preserved to him, and his right to it recognized and respected; and particularly the property of the poor man, for the inviolability of whose right he was more anxious than those of the rich, or than even of his own; therefore, he should get credit for not having any selfish motive in his opposition to the clause, for his object was the public good. He admitted that the Board of Trade was an intelligent, and even, he believed, a disinterested body; but of what value would it be to a poor man to have the power of appealing to them, when he had not the means of doing so? And, 51 besides, he looked upon the Board of Trade as incompetent to decide such questions. The 14th, 15th, and 16th, and on to the 20th Clauses, gave a company a power of deviating 100 yards either to the north, south, east, or west, as they thought proper. Why, he would say, that this deviation would have the effect of rendering the property of many poor men totally valueless, and of completely annihilating that of others. Many poor men would be driven from their habitations in disgust by those encroachments rather than resort to this appeal. And then, as to compensation, don't talk to him of such a thing! There might be circumstances under which no compensation could be sufficient. He had in his possession property that no amount of compensation could make amends to him for the deprivation of it by this sort of encroachment. But, he would ask, why should not the rights of the smallest cottager be as much respected as his? If these clauses were suffered to pass, he would ask, what would there be left to prevent railroad proprietors deviating to the right or left of the original line to any extent? In fact, no man in the country would be fool enough to buy property in the country so circumstanced. He felt assured that the noble Lord near him would be the last man in the world to do any man an injury; he was sitting here only in the capacity of a public officer, and therefore no blame attached to him. He (Colonel Sibthorp) knew how useless it was for him to expect that he would have any weight in this House; but he would divide the House upon this question, in order to record his vote upon it.

§ Lord G. Somerset
said, the encroachments could not be made without the sanction of the proprietors and holders of the land. This, he thought, would remove the objection of the gallant Gentleman behind him.

§ Mr. Aglionby
feared that the latitude of deviation from the line to the extent of 100 yards, would operate as an encouragement to latitude and carelessness in drawing the plans. Now, it was of the utmost importance to parties affected by railway, to know accurately how the line would cut their land, and it often happened, from the manner in which the plans were drawn, that an owner had great difficulty in distinguishing his own ground. As to the argument that the consent of the proprietors must be gained to deviations, he must impress upon the Committee, that that only applied to an 52 extent of deviation beyond the 100 yards. All deviation within the 100 yards was compulsory upon them, and might be made without their consent. It was of great importance to ensure exactitude in the plans, so that parties might know how they really were to be affected. His argument applied particularly to the case of the small owners.

§ Lord G. Somerset
said, that no man had evinced himself more anxious for the protection of the small proprietors than he had. The argument of the hon. and learned Gentleman would apply to the main line equally with the deviations. Some power of deviation must be given, and the parties affected would know by the plans and by notice, how they would be affected, and that they gave up not only 100 yards, but the contingent possibility of giving up 300 yards. If the party objected to that, it would be for him to make his representations in the proper quarter.

§ Mr. Hayter
said, the power had been given in former acts, and he (Mr. Hayter) did not see why it should be objected to now. To restrict further the power of deviation, would be to retard the onward progress of railways.

Mr. Gladstone
said, there might have been a disposition on the part of companies and engineers to take a large latitude, and it might be that restrictions formerly necessary might be brought now within narrower limits. But he was surprised at the point now taken up, because Gentlemen were now objecting to a part of the clause which limited and did not extend former powers.

§ Colonel Sibthorp
said, he would not put the Committee to the unnecessary trouble of dividing, but content himself with protesting against the large powers of deviation given to the companies.