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May 3, 13.-James and others v. The Taff Vale Railway Company and The Great Western Railway Company. Passenger traffic-Continuous line of railway-Forwarding traffic-Railway and Canal Traffic Act, 1851, s. 2.

Two railway companies ran trains to C. and each had a station there. The stations were fifty-five chains apart from each other, but were connected by a line of railway belonging to one of such railway companies. Upon complaint by the inhabitants of the district that no passengers were conveyed on the railway between the two stations, although there was a continuous line of railway, the Commissioners made an order enjoining both the companies to afford a continuous communication for passengers by means of their continuous lines, and to afford due and reasonable facilities for forwarding through passenger traffic arriving by one of the lines at C. by the other.

This was an application by certain inhabitants of Merthyr Tydfil under the 2nd section of the Railway and Canal Traffic Act, 1854, for the purpose of obtaining due facilities from the Taff Vale and Great Western Railway Companies for forwarding passenger traffic between places situated on their lines of railway.

The Great Western Company and the Taff Vale Company had each a station at Cardiff, in the county of Glamorgan. The stations were fifty-five chains apart, and were connected by a continuous line of railway made by the Great Western Railway Company under 14 & 15 Vict. c. liii.

Such line of railway was used for the transit of goods only from places on the one company's line to places on the other company's line, and consequently passengers had to walk or drive between the two stations.

William Evans appeared for the applicants.

Pope, Q.C., and Sutton, for the Taff Vale Railway Com

pany.

Webster, Q.C., and R. S. Wright, for the Great Western Railway Company.

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The COMMISSIONERS delivered the following judgment :This is a complaint that the Great Western Railway Company and the Taff Vale Railway Company do not inter change passenger traffic at Cardiff with all due and reasonable facilities. The Great Western and Taff Vale Railways cross at Cardiff, and traffic is able to pass from one railway to the other by a junction line belonging to the Great Western Company, and constructed under the powers of the "South Wales Railway New Works Act, 1851." This line commences by a junction with the Great Western Railway at a point about eighteen chains from the Great Western (Cardiff) station, is fifteen chains in length, and ends by a junction with the Taff Vale Railway at a point twenty-two chains from the Taff Vale (Cardiff) station at Crockherbtown, the distance the two stations are apart being about fifty-five chains. The junction line, however, is not used for passenger traffic, and a passenger, part of whose route is Taff Vale and part Great Western, has to go across by road from the station of one company at Cardiff to the station of the other. The applicants who reside at Merthyr, and travel frequently between Merthyr and London through Cardiff, complain of it as a public inconvenience that there is no other service for the transfer of passengers at Cardiff. They observe that the railways of the two companies form a continuous line of communication, and that the distance between their stations at Cardiff does not exceed one mile, and they ask for the enforcements of their rights, under the Traffic Act, 1854, and for an order granting the public reasonable accommodation. The 2nd section of the Traffic Act provides, amongst other things, that every railway company having or working railways which form part of a continuous line of railway accommodation, or which have the terminus or station of the one near the terminus or station of the other, shall afford all due and reasonable facilities for receiving and forwarding all the traffic arriving by one of such railways by the other without any unreasonable delay, and so that no obstruction may be offered to the public desirous of using such railways as a continuous line of communication, and so that all reasonable accommodation may, by means of the railways of the several companies, be at all times afforded to the public in that behalf. As to when a station or terminus shall be deemed to be near another station or terminus, the Act provides that it shall be deemed to be so when the distance between such

Reported by W. H. MACNAMARA, Esq., Barrister-at-Law.

stations shall not exceed one mile. That it causes great inconvenience to a large population that there is no throughcommunication by the loop line is admitted, and it appears by the answers of the two companies that negotiations have long been pending between them for the Taff Company to work over the loop line and to use the Great Western station.. As yet, however, they have not been able to agree upon the terms, and if the public cannot have the accommodation to which the Act entitles them by means of an arrangement between the companies, they can only ask that the general powers of railway companies to grant facilities to traffic shall be exercised as far as necessary. The responsibility for the working of a line rests primarily with the company who are the owners of it, and were each company to work its own lines in this case, the place at which one would deliver, and the other would receive, through traffic requiring to be forwarded, would be the junction of the loop line with the Taff Vale Railway. But that line has no sidings, and there are no sheds or platforms at the junction, and passengers could not be set down and taken up at a point where there was no provision of that kind for their transfer. It is the opinion also of Mr. Grierson and of Mr. Fisher, representing the two companies, that traffic by the loop line between their stations ought to be worked through by a single company, and that an exchange at the junction would be dangerous.

The Great Western station at Cardiff is situated between the Taff Vale Railway and the Penarth Railway, of which the Taff Company are lessees, and by an agreement dated the 23rd of October, 1876, the Great Western Company have given the Taff Company running powers, and the use of their Cardiff station for passenger traffic between Cardiff and Penarth. These powers, however, do not apply to traffic between the Great Western and the Taff Vale Railways, nor does such interchange traffic, which would be the particular kind of traffic to which the present complain has reference, come any more-so we understand the two companies to say within the scope of another agreement, dated the 24th of April, 1866, under which the Taff Company have permission to run their engines and trains, with their own local traffic, over the loop line in conjunction with other parts of the Great Western system. But these agreements are sufficient to show that the relative position of the lines of the two companies at Cardiff makes it, as far as the exercise of running powers is concerned, more natural or convenient that the Taff Company should work over the Great Western, than the Great Western Company over the Taff Vale, and so we find also the negotiations to which we have referred as so long pending, to contemplate the Taff Company using the Great Western stations and running over the Great Western line with passenger-trains to and from their own station at Crockherbtown to connect with Great Western main-line trains, and to have had for their object to fix the terms and the

extent of the user.

The distance between the two stations at Cardiff does not, as already stated, exceed one mile, and over this distance there is a continuous railway communication which the Taff Vale Company is entitled to use upon payment of tolls under section 92 of the Railway Clauses Act, 1845, which is incorporated with the "South Wales Railway New Works Act, 1851," and with the South Wales Railway Consolidation Act, 1855, which repeals earlier Acts, including the "New Works" Act, 1851, but makes "The Taff Vale Railway Junction,' as it calls the railway between the South Wales main line and the Taff Vale Railway at Cardiff, part of the undertaking to which its provisions apply. The Traffic Act, 1854, provides that where there are two railways which have stations as near as the stations at Cardiff are, the companies having the railways shall give all reasonable facilities for a through service, and as far as circumstances will allow and the powers of each company go, combine the working of their railways for the accommodation of the public. It appears to us in this case to be a reasonable thing, so long as the required accommodation is not given in any other way, that the Taff Vale Company should exercise the statutory powers they possess to convey by their own engines and carriages passenger traffic to and from the Great Western passenger stations at Cardiff, paying toll for the use of the railway, and carrying all passengers willing to pay them any special transit charge of reasonable amount they might make, and that the Great Western Company should afford all reasonable and

proper facilities and conveniences for the Taff Vale trains to pass into and out of their station, and to receive and deliver passengers and their luggage in the station, and should give the aid of their staff for the arrival and departure of Taff Vale passengers, and for the working the junctions at the Great Western end of the loop line.

We think not less than four of such trains should run each way on week days, and that their trains should be so arranged as to give the Taff Vale main line trains a connection with the Great Western main line trains.

The toll it would be lawful for the Great Western Company to demand appears to be regulated by the South Wales Railway Consolidation Act, 1855, which fixes the toll per passenger at a sum not exceeding twopence per mile, and authorizes a charge to be made as for six miles where a passenger is conveyed a shorter distance. These are wide toll limits, and the toll the Great Western Company could charge the Taff Company under them would, we think, be fully sufficient to remunerate the Great Western for any trouble or expense they might be put to, and with this provision in favour of that company, and the qualification as to the passengers the Taff Company would be under obligation to carry, the requiring that, if the companies should not have recourse to other means for that purpose, the means that have been mentioned for facilitating traffic should be afforded, involves nothing that is incompatible with the fair interests of either company. But in showing that it is practicable for the two railways to be worked as a continuous line, merely by each company exercising its separate powers for the benefit of the public, we do not wish or intend to impose that or any particular mode of working on the companies. The train service, for instance, that was contemplated in the agreement the companies proposed to enter into in the early part of this year would have been perfectly satisfactory, and they are free under the Traffic Act, as they may think it in their common interests, to set aside any particular way of giving accommodation such as that to which we have referred as being in their power, and to adopt instead any other way of not less effect which they may prefer. We are, however, of opinion that at present through passenger traffic, arriving by one of the main lines at Cardiff, is not afforded due and reasonable facilities for being forwarded by the other, and that the applicants have established their claim to have an order made by us in the terms of that part of section 2 of the Act of 1854 under which their application comes. The applicants are granted costs, and we think the measures to be taken to afford the necessary facilities should be in operation within one month from this day.

Solicitors for the applicants, Bell, Brodrick, & Gray, for Lewis & Jones, Merthyr Tydfil.

Solicitor for the Great Western Railway Company, R. R. Nelson.

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WINTER, ROBERT, Jamaica st, St George's in the East, Gent. July 30. Brewer, City road, Finsbury sq

VIGOR, RICHARD Nugent hill, Bristol, Gent. July 28. Brittans and Co, Bristol [Gazette, July 1.]

LEGISLATION OF THE WEEK.

HOUSE OF LORDS.

JUNE 30.-BILL IN COMMITTEE.

Gas Provisional Orders.

BILL READ A THIRD TIME. Charitable Trusts.

JULY 1.-BILLS READ A THIRD TIME. PRIVATE BILLS.-London, Chatham, and Dover Railway Further Powers), Holland (Parts of) and Sutton Bridge Water.

JULY 4.-BILLS READ A SECOND TIME. PRIVATE BILL.-London and South-Western Railway. Incumbents of Benefices (Loans Extension).

HOUSE OF COMMONS.

JUNE 30.-BILL IN COMMITTEE. Metropolitan Open Spaces Act, 1877, Amendment. JULY 1.-BILL READ A FIRST TIME.

Bill for further amending the Acts relating to the Raising of Money by the Metropolitan Board of Works, and for other Purposes relating thereto (Lord F. Cavendish).

JULY 4.-BILLS READ A SECOND TIME. PRIVATE BILL.-Sectional or Block Buildings Manage

ment.

Monday, July 11Mr. Merivale

Tuesday

NORTHERN CIRCUIT.

The commissions for holding these assizes will be opened at Lancaster, on Saturday, July 9; at Manchester, on Wednesday, July 13; and at Liverpool, on Tuesday, July 26. In pursuance of "The Rules of the Supreme Court, December, 1879," causes may at any time after notice of trial has been given be entered for trial in the district registry of the city or town where the trial is to be had, or with the associate at the assize town as heretofore. The general entry of causes at each assize town will commence immediately after the opening of the respective commissions, and will close at nine o'clock the same evening. Solicitors are requested to indorse very shortly on the pleadings the nature of the action-e.g., "Slander," "Breach of Contract," "Goods Sold," and to omit the usual indorsement of notice of trial. The court will sit for the dispatch of business on the day after the commission day at each place (omitting Sunday) at eleven o'clock. The trial of special jury causes will commence at Manchester on Friday, the 15th of July, at the sitting of the court, and at Liverpool on Friday, the 29th of July, at the same hour, unless the court shall otherwise order. A list of causes for trial each day (except the first) at Manchester and Liverpool will be exhibited in the corridor of the court and in the library. Where a cause in the list has been settled, immediate notice thereof must be given to the deputy associate by the party who entered it. associates' fees must be paid in judicature stamps.

LEGAL NEWS.

The

At a pension held on July 4, his Royal Highness the Duke of Connaught was called to the bench of the Hon. Society of Gray's-inn.

A well-known Wisconsin lawyer, says the Western Jurist, against whom Matthew Carpenter was once trying a case, persisted in asking his witness leading questions. Carpenter dryly suggested whether it would not contribute to the orderly administration of justice if his friend would at least filter the evidence through the witness.

On the 23rd alt. the Queen's Bench Division took cases in the Crown Paper. When the first case reported was called on, it appeared that the copies of the "special case," required by the rules to be sent to the judges, had not been received; and the solicitor for the appellant being called upon to account for it, stated that he had left them at the Central Office with one of the clerks, whom he named, but who, it appeared, had not conveyed them to the judges. The clerk, who had been sent for,rrived, and was interrogated by Lord Coleridge. He admitted receiving the papers, but said there was some confusion at the office. Lord Coleridge said, "Confusion at the

TUESDAY, July 5, 1881.

Under the Bankruptcy Act, 1869.
Creditors must forward their proofs of debts to the Registrar.
To Surrender in London.
Ranger, Alfred Edward, St John st, Clerkenwell, Stationer. Pet
June 30. Hazlitt July 20 at 12
To Surrender in the Country.

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office! What confusion can there be to prevent your de-
livering to the judges copies of papers delivered to you for
that purpose? It is a very simple matter so far as affects
yourself. These papers are delivered to you to be delivered
to us; why were they not so delivered? What did you do
with them?" The clerk said he had given them to the
messenger to take to the judges. Lord Coleridge then sent
for the messenger, who admitted receiving papers from the
clerk, but could not identify them, and on further inquiry it
appeared that there was no personal manual delivery of the
papers by the clerk to the messenger, but they were left on a
mantlepiece for him. On the whole his lordship said to the
clerk that there had been neglect, and the court had been
put to great inconvenience, and if it happened again he
would see what could be done to punish such neglect. In
the meantime solicitors had better attend to his lordship's
announcement of the arrangement to leave the copies of cases
deposited at the Crown Office at that office-that is, copies
for the judges as well as the cases themselves which are de- Appleyard, Robert Prescot, Connaught sq, Hyde pk. June 30
posited or delivered there.

Betjeman, S J East Cowes, Isle of Wight, Licensed Vic-
tualler. Pet June 30. Blake. Newport, July 18 at 12
Coombe, Christopher, Pershore, Worcester, Licensed Victualler.
Pet July 2. Beale. Worcester, July 19 at 2.30
Hovell, Benjamin, Gt Yarmouth, Norfolk, Smack Master. Pet June
30. Worlledge. Gt Yarmouth, July 19 at 11
Wells, Thomas, Banham, Norfolk, Miller. Pet July 2. Cooke. Nor-
wich, July 16 at 12
BANKRUPTCIES ANNULLED.
FRIDAY, July 1, 1881.

SALES OF ENSUING WEEK.

July 12.-Messrs. DEBENHAM, TEWSON, FARMER & BRIDGE-
WATER, at the Mart, at 2 p.m., Freehold Property (see adver-
tisement, June 11, p. 12).

Jaly 12.-Messrs. E. & H. LUMLEY, at the Mart, at 2 p.m.,
Freehold Property (see advertisement, July 2, p. 4).
July 12.-Messrs. WORSFOLD & HAYWARD, at the Mart, at 2
p.m., Ground Rents (see advertisement, this week, p. 5).
July 13.-Messrs. FAREBROTHER, ELLIS, CLARK & Co., at
Horsham, Freehold Properties (see advertisement, June 11,
p. 16).

July 13.-Messrs. EDWIN Fox & BOUSFIELD, at the Mart, at
2 p.m., Shares (see advertisement, this week, p. 5).
July 14-Messrs. BEADEL & Co., at the Mart, at 1 p.m.,
Freehold Properties (see advertisement, June 11, p. 7).
July 15.-Messis. FAREBROTHER. ELLIS, CLARK & Co., at the
Mart, Freehold and Leasehold Properties (see advertisement,
June 25, p. 6).

July 15-Messrs. NORTON, TRIST, WATNEY & Co, at the
Mart, Freehold Ground Rents, and Copyhold Property (see
advertisement, June 11, p. 18; and June 25, p. 5).

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To Surrender in the Country.

Beedie, George, Manchester, Wine Importer. Pet June 27. Lister.
Manchester, July 18 at 12.

Compere, Thomas Bond, Llangenney, Brecon, Millboard Manu-
facturer. Pet June 27. Shepard. Tredegar, July 16 at 12.
Emsley, Matthew Henry, Heckmondwike, York, Rag Merchant. Pet
June 29. Tennant. Dewsbury, July 14 at 3.

Lee, John, Leeds, Brush Manufacturer. Pet June 29. Cautherley.
Leeds, July 13 at 11.

Molyneux, Henry H Maidenhead, Berks, Gentleman. Pet June
23. Darvill. Windsor, July 23 at 12.

Wilkinson, William, Lower Addiscombe rd, Croydon, Draper. Pet
June 24. Rowland. Croydon, July 12 at 2.

James, Charles Burnard, Ludgate hill, Picture Dealer. June 28.
Phillips, Joseph, and John Phillips, Mynyddysllwyn, Monmouth,
Strachan, John, City chambers, Bishopsgate st, East India Mer-
Farmers. June 29.

chant. June 24.

TUESDAY, July 5, 1881.

Liquidations by Arrangement.
FIRST MEETINGS OF CREDITORS.
FRIDAY, July 1, 1881.

Aldrich, George, Watford, Hertford, Tailor. July 12 at 11 at offices
of Chilcott, 98, St Martin's lane

Archdeacon, John, Liverpool, Plumber. July 14 at 2 at offices of
Steinforth, Dale st, Liverpool

Armitage, Richard Augustus, Leeds, York, Grocer. July 20 at 3 at
Bull and Mouth Hotel, Briggate, in Leeds. Wilson, Mirfield
Atkinson, William Thomas, Great Tower st, Wine Merchant. July
13 at 3 at Masons' Hall Tavern, Mason's avenue, Basinghall st.
Collens, Gresham bldgs, Guildhall

Bailey, Henry, Sherwood Rise, Nottingham, Boot Dealer. July 18
at 11 at offices of Stevenson, Nottingham

Baldwin, Robert William, Eastbourne, Suss ex, Clothier. July 16 at
12 at 12, Serjeants' inn, Fleet st. Nye, Brighton

Bennett, John Robert, Lorne terrace, Stoke Newington, Trimming
Manufacturer. July 13 at 3 at offices of Bryant and Joseph, 71,
Finsbury pavement

Beveridge, James, Gateshead, Durham, Grocer. July 14 at 3 at
offices of Marshall Dix, Wellington chambers, Gateshead
Bingham, Robert Sykes, Sheffield, Provision Merchant. July 12 at
12 at offices of Rodgers and Co, 30, Bank st, Sheffield
Black, James Cochrane, Manchester, Ladies Underclothing Manu-
facturer. July 14 at 10.30 at offices of Sale and Co, 29, Booth st,
Manchester

Bloomer, David, Aston-juxta-Birmingham, Painter. July 11 at 2
at Great Western Hotel, Monmouth st, Birmingham. Simmons,
Birmingham

Bowditch, Henry, the younger, Pulham, nr Dorchester, Farmer.
July 18 at 11 at Antelope Hotel, Dorchester. Howard, Melcombe
Regis
Bramwell, John, Alfreton, Derby, Grocer. July 20 at 3.30 at offices
of Briggs, Commercial Bank chmbrs, Albert st, Derby
Brockleback, William, Anfield, Liverpool, Wool Merchant. July 15
at 2 at offices of Knowles, 5, Cook st, Liverpool

Brooke, Charles, John, Brooke, and Benjamin, Brooke, Batley Carr,
Dewsbury, York, Dyers. July 15 at 2 at Black Bull Hotel, Mir-
field. Ibberson, Heckmondwike

Brooks, John, Hughenden, Bucks, Farmer. July 19 at 3 at Lion
Hotel, High Wycombe

Brown, James, Liverpool, Draper. July 15 at 2 at offices of Stewart,
25, Stafford st, Liverpool. Brighouse and Brighouse, Ormskirk
Brown, James, Bristol, Hat Manufacturer. July 11 at 12 at offices
of Andrews, Nicholas st, Bristol. Ayre, Bristol
Bullen, Arthur Brackenbury, Brockhurst, Gosport, Hants, Manu-
facturer of Preservative Anti-fouling Compositions for Ships'
Bottoms. July 16 at 1 at Totterdell's Hotel, St George's sq, Port-
sea. Simpson and Palmer, Three Crown sq, Southwark
Burston, Walter, Farndon, Chester, Grocer. July 14 at 11 at offices
of Walker and Co, Chester

Buxton, John, West st, Hackney, Beerhouse Manager. July 21 at 2
at offices of Neave, Cheapside
Buzzacott, Eliza, Crediton, Devon, Carrier. July 14 at 3 at Castle
Hotel, Castle st, Exeter. Orchard, Exeter
Carlyon, Joseph, Mylor. Cornwall, Innkeeper. July 14 at 12 at office
of Jenkins, the Square, Penryn. Terrill, Penryn
Chapman, John Joseph, Nicoll rd, Willesden, of no occupation.
July 16 at 3 at Guildhall Coffee-house, Gresham st. Nicholl
Churchill, Joseph, Exeter, Tailor. July 14 at 3 at Bude Haven
Hotel, St Sidwell. Jerman, Exeter

Claridge, Samuel Church, Park-walk, Fulham rd, Cheesemonger.
July 11 at 3 at 45, Chancery-lane. Roberts, Thanet pl. Strand
Dakin, William, Birmingham, Retail Brewer. July 12 at 11 at offices
of Eaden, Bennett's-hill, Birmingham

Devis, John Johnstone, Leamington Priors, Warwick, Ale Mer-
chant. July 11 at 3 at offices of Overell and Son, Warwick st,
Leamington Priors

Dent, Matthew Benjamin Edwards, Bournemouth. Hants, Licensed
Victualler. July 16 at 1 at offices of Wade, Christchurch rd,
Bournemouth

Drage Henry, Bozeat, Northampton, Shoe Manufacturer. July 15
at 3 at offices of Andrew, Mark sq, Northampton
Dudley, James, Luton, Bedford, Butcher. July 13 at 3 at offices of
Millar, John st, Luton

Dyball, Thomas Walter, Ipswich, Chemist. July 18 at 12 at offices
of Pearce, Post Office chmbrs, Ipswich. Aldous, Ipswich
Forster, Peter, Gorton, nr Manchester, Smith. July 13 at 2.30 at
the Thatched House Hotel, New Market pl, Manchester. Butter-
worth, Manchester

Gleave, Henry, Manchester, Ladies' Underclothing Manufacturer.
July 14 at 10 at offices of Sale and Co, Booth st, Manchester
Gobbett, John, Edith rd, Stratford New Town, Provision Dealer.
July 11 at 2 at offices of Morphett, King st, Cheapside. Terry,
King st

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