The provisions relating to the gauge in the Acts for the Oxford and Rugby, and the Oxford, Worcester, and Wolverhampton Railways, were left in force. The Act also generally excepted ‘any railway constructed or to be constructed under the provisions of any present or future Act containing any special enactment defining the gauge or gauges of such railway or any part thereof.’ This Act, while it professed to establish the narrow gauge as the standard throughout the kingdom, did so only nominally; in reality, by the words ‘present or future,’ in the passage above quoted, it left the question of the gauge of any new railway open for the consideration of the committee on the particular bill; and it only obliged the promoters of the undertaking to adopt the narrow gauge when no case could be proved by them for the adoption of some other. This was equivalent to the former state of things, so that all the agitation of the question had ended in a mere expression of opinion, and the broad-gauge party were not only left with all their former liberty, but were encouraged, and almost compelled, to push their system still farther wherever they could. * * * * * About the time of the passing of the Gauge Act, a Board of Commissioners of Railways was established, to whom the powers formerly possessed by the Board of Trade were transferred. One of the first duties of the Commissioners was to provide for the due compliance with the order of the Board of Trade respecting the introduction of the narrow gauge, in conjunction with the broad, on the Oxford and Rugby Railway. It was proposed to effect this either by laying a narrow gauge line concentrically between the two rails of the broad gauge, or by laying down only one additional rail between the two broad-gauge rails, making one of the latter serve for both broad and narrow gauges. Mr. Brunel recommended the second of these plans to be adopted on the Oxford and Rugby line. After a careful consideration of the question, the Commissioners sanctioned the mixed gauge formed by the introduction of a third rail; this was accordingly laid down, and none of the dangers which were at the time prognosticated in reference to it were found to exist. It has been the plan almost exclusively used in the many cases where the combination of the two gauges has been required. * * * * * In 1846 the Great Western Railway Company had promoted a bill for a branch to Birmingham from the Oxford and Rugby line at Fenny Compton. The Act was obtained, but they were defeated on the question of the gauge. However, after the passing of the Gauge Act, the Company again attempted to carry the broad gauge to Birmingham. Their application was backed by a strong memorial from the districts interested, and in June 1847 an order was passed by the House of Lords directing the Board of Commissioners of Railways--