He says he has no doubt it has been done; but it is in every case an exception to the rule, and is stopped if discovered.

At Thirsk Town station, it appears that there are seven cells for coal, and two for lime, which are all let to one person: and it was endeavoured to be shown that he was a private coal merchant. But Mr. Sheriffe says, "We only knew him as agent to the coal-owners; and all his orders went through the general agent of the company."

At Malton station there are twenty cells; and also some private sidings belonging to Lord Fitzwilliam. By arrangement between the company and him, he carries coal for himself. The cells are let to different colliery owners, at 51. or 61. a year. The coal merchants here make an agreement with some colliery owner, that they may come and take what coal they like, and render an account to the owner. They can get any quantity they think fit from any of the collieries having cells at the depots. Mr. Oxlade might do the same. But here also all the orders must go through the agent: and Mr. Oxlade refused to conform to the rule.

Mr. Oxlade, in reply, says,-"I know Mr. Walker, of Bridlington. I have seen the depots he occupies. There is a board up with these words: Walker, Lime and Coal Merchant.' I obtained an invoice from him; it was, 'Bought of J. Walker, Lime and Coal Merchant.' In 1854, I had dealings with him. I sold him coals. The invoice was in my own name. I fixed the price with him. The coals were sent from different collieries. I ordered them at the different collieries. At Thirsk there was one Kirby, with whom I dealt under the same circumstances; and at Hull. I sent the orders direct to *the collieries. I did not send for the coals through the company's agent. I only or[*482 dered the wagons through the agent. I should say, order wagons to be sent up to particular collieries."

It would appear that, in these instances, the agent at Darlington knew the number of wagons ordered: and Mr. Sheriffe says, in reply,-"We only know these parties as agents for the collieries. They sell coals for the coal-owners, and are allowed 4d. to 9d. a ton for their profit, according to agreement." In fact, there appears to be one principle throughout, by which the company are governed, viz. to provide an ample supply of coals for the public, and to prevent by their rules any obstruction of the general traffic of the railway.

On the remaining points referred to me, there is the following evidence:-Mr. Quelch, the mineral manager for the northern district of the North Eastern Railway, says: "The quoting of rates from the collieries in Durham, is in my management. The local rates, or rates to places on our own line, differ from the through rates. As a general principle, for the through rates, or rates off our own line, if carried in other wagons than the North Eastern Railway's wagons, the rate is åd. per ton per mile for coal and coke going south. If they have our wag

ons, there is an additional charge of of a penny per ton per mile for the first hundred miles, and for any distance beyond, with demurrage for the wagons, of 3s. per day per wagon, if detained beyond the time allowed, that is, four days after they leave our line. This is quoted to all persons, and acted on, except when a special agreement is made (as hereinafter mentioned). The act authorizes us to charge 1d. a mile per ton including wagon-hire; but we have never charged the full amount for through traffic. The local rates are on a graduated scale, regulated by distance, universally applicable and universally applied." He then goes into a *statement of the rates charged for local traffic: but, as

*483] they are universal, and applied equally to every one without

exception, it is unnecessary further to allude to them.

Mr. Sheriffe's evidence on these points is as follows:-"The rates, as regards local stations and stations off our line, are different. I am not aware that we ever carried for Oxlade. We knew him only as agent for collieries, and never debited him for rates. We debited the coalowners always for rates. There is no difference in terms to any one. The coals that are carried a longer distance on our line are charged a lower rate than for a shorter distance. On the 24th of July, 1854, Oxlade applied by letter for a rate per ton per mile for small coal in train loads. In reply, we quoted the same rate to him as to others, viz. of a penny, the lowest rate the company charges. As to places off the line, there is one uniform rate of d. per ton per mile to every one. But we carry coals in connexion with the Great Northern railway at d. per ton from the colliery to London. The Great Northern find the wagons for the entire distance. Our haulage ceases at York; and we take our proportion of the rate. One of the principal reasons for taking it at so low a charge, is, that it is taken in full train loads, and very large quantities. Another reason is, that it must be taken at a low rate, or not at all. The rate is taken as a through rate to London. The fact of full train loads brings great advantages. We can run between York and the sidings where the Great Northern coals are deposited, with almost as much regularity as with passenger trains. There are no stoppages and no shunting; and the engines are fully and uniformly loaded. Regularity is of the greatest consequence. Our object is, to get as much work out of an engine as we can: and it is apparent that an engine going forty or sixty miles without stopping, can do it in less time than an engine which is always stopping. When the quantities are smaller, and sent indiscriminately *from several collieries, *484] we have to stop at all the places, and have to marshal the wagons accordingly. Constant stopping and shunting increases the expense, by the detention of the engine, and also from the fact, that, whenever an engine has to shunt, it stops any other engine coming up. The funda mental consideration is, the amount an engine can earn by the number of miles it goes. That forms an element in the calculation of the profits

of the company. The amount of work we get out of the wagons, is also a consideration. When they go off the line, we charge for the hire of them of a penny per ton for the first hundred miles, and after16 wards. We allow four days: and, if detained beyond that time, we take demurrage alike from all parties,-38. a wagon per day. We do not consider that this pays us, as we have only a certain number of wagons; and, if they are unduly detained, the loss is greater than the price of demurrage.'

"A trade is carried on with the Midland railway; but not under the same circumstances. A desire to introduce northern coke into Staffordshire made us do it, in conjunction with the Midland Counties Railway. It is carried at d. per ton per mile, exclusive of wagon hire, in large quantities."

These are the special agreements before alluded to:

The first is with one Barrat, who is agent for Robson, a coal-owner in Durham. It is dated the 24th of October, 1855, and is as follows: "Thomas Barrat, as agent for John Robson, and the owners of Byers Green, Hunwich, and Newfield collieries, hereby agrees to send over the North Eastern railway, from Ferry Hill to Altofts, in twelve months commencing 1st November, 1855, and ending 1st November, 1856, 30,000 tons of coke manufactured from coals wrought out of Byers Green, Hunwich, and Newfield collieries; such coke to be sent south of Derby, and to be used only for manufacturing purposes and blast furnaces. The coke to be sent in equal or as nearly as may be [*485 equal monthly quantities; and satisfactory evidence to be produced from time to time by the owners of the said collieries, of the places at which the coke is delivered, and the purposes for which it has been used, should such evidence be required by the North Eastern company, in consideration of the North Eastern Railway Company have agreed to convey the said quantity of 30,000 tons of coke over their railway from Ferry Hill to Altofts at the rate of d. per ton per mile; such rate being exclusive of the charge for wagons, in case the said North Eastern railway provide any for this purpose. Payment of each month's dues to be made at the usual times, that is to say, on the 20th of the following month. And it is expressly agreed by the said Thomas Barrat, for John Robson and the owners of the above-named collieries, that, in case the stipulated quantity of 30,000 tons of coke be not sent within the period of twelve months commencing the 1st November, 1855, and ending 1st November, 1856, the said North Eastern Railway Company shall be entitled to charge an additional rate of d. per ton per mile on such portion of the 30,000 tons of coke as may have been sent; and that the said John Robson and the owners of the aforesaid collieries will pay to the North Eastern Railway Company the said additional rate."

Another agreement was with Mr. Pease; and the minutes of the meeting of the directors at York at which the terms were stated, is as

*4861

follows: Minutes of meeting held at York on Tuesday, July 24th, 1856. Present Mr. Sheriffe, Mr. Clark, Mr. Brown. Mr. Sheriffe stated that the North Eastern Railway Company were willing to agree to the following arrangements with Mr. Pease, for the carriage of coke from Darlington to the South Staffordshire district and places beyond Derby; the minimum quantity to be conveyed upon the after-mentioned conditions to be 20,000 tons per annum. The rate to be *3d. per ton per mile to Normanton. The coke not to be used for locomotive purposes. If any portion of it is found to be so used, the parties to pay 1d. per ton per mile for its conveyance over the North Eastern Railway. Any quality of coke to be sent, so long as it is strictly confined to iron manufacture. Coals to be conveyed on the same terms. As respects wagons, the North Eastern Railway Company to supply at the ordinary charge as much of their own stock as may be found convenient, in the event of Mr. Clare's (the agent's) wagons being found insufficient. The company to have the use of Mr. Clare's wagons to load back to York, or stations north of York, at 6d. per ton. wagons to be sent to any stations where such loading turns up. The wagons when loaded to be under clearing-house rules. Salt in return coke wagons to the alkali works in the Newcastle district, to be carried for the next three months at d. per ton per mile. Arrangement to date back from the 1st June, 1855."

The

"The third agreement is with a person of the name of Sparkes, for carrying 15,000 tons per annum. He first offered 10,000, which I refused. I named 15,000 as the lowest amount we could carry at d. per mile." His agreement was for three years; and it appears that for the first two years he did not send the specified quantity, and was charged d. per ton per mile, as every one else, and was only allowed the drawback on the last year, when he did send the specified quantity." These were the only special agreements the company had: and they charge every one else the universal rate of 3d. per ton per mile.

Mr. Sheriffe continued,- We have carried coke for Oxlade on the Midland line: I think, from East Hetton. It was carried at the usual charge of d. per ton. They were not full train loads. He was in the habit of detaining our wagons at a place called Great Bridge, in *Staffordshire, and refused to pay demurrage." This led to a *487] correspondence between the South Staffordshire railway and the North Eastern; in which the former refused to receive any more wagons of coke consigned to Oxlade: and, in consequence, Mr. Sheriffe, on the part of the North Eastern Railway Company, gave him notice, by letter of the 25th of September, 1854, that they must cease to send any more wagons for him to the collieries. A letter from the South Staffordshire railway of the 16th of October, 1854, addressed to Mr. Sheriffe, is as follows:

"Oxlade's coke.

"Dear sir,-In reference to our former correspondence, this man, by his letter of the 14th, advises us, Yours of the 12th instant to hand; and, to save further trouble respecting the demurrage, please note I will not pay any demurrage to any railway company.' We have a declaration from him, dated 10th, for trucks 1054, 323, 3211, 544, and 3262; so that your people are very evidently still letting him have wagons for here. I need only refer you to our previous corres

pondence.

"T. C. MARSHALL.” Mr. Sheriffe further says, that the whole cause of Mr. Oxlade's trade in coke being stopped, was, his refusal to pay demurrage; that, if any one else had refused to pay demurrage, the company would have refused to carry for him; and that the parties hiring the wagons are liable for the demurrage.

Mr. Oxlade says,-"My reason for refusing to pay demurrage, was, that I had no control over the account: and, if I were to agree to it, it would ruin me, as they might charge me what they pleased and when they pleased. No demurrage occurred through my neglect. I know the wagons were detained at Great Bridge; but it was by the South Staffordshire railway. I have no doubt they have been detained, loaded and unloaded, many days. When the company refused to let their *wagons go off their line, I applied to them, by letter of the [*488 6th November, 1854, to let their wagons take the coke to the end of their line, and I would provide other wagons to carry it on; but they gave me no answer. I have applied personally; but they would only do it their own way."

He further says, "I have refused to pay the wagon hire, because it is not mentioned in the act. I refuse to pay the of a penny, in addition to d. per ton, on the North Eastern railway. It is less than the legal charge; but I object to its being divided. I object to pay id. per ton per mile, when other people pay d. I know the d. is only charged to persons having their own wagons. I have a dispute with the South Staffordshire. In 1854, I know that parties were underselling me at Great Bridge, both in coal and coke; and elsewhere on the Midland line. I told the North Eastern railway people of it, and they said' they could not explain it; they had no advantage.”

This evidence appears to me to be all that relates to the questions referred to me, viz. whether the company carry coals and coke for persons other than the said William Oxlade, on any and what terms different from the terms on which the said company have carried, or have offered to carry, coal and coke for the said William Oxlade,— secondly, whether there is any, and what, difference between the circumstances under which the said company have so carried coal and coke for such other persons, and the circumstances under which the said company have carried, or offered to carry, coals and coke for the