Barnsley Canal Act 1808

Publication Date:January 01, 1808
 
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Barnsley Canal Act 1808

(48 Geo. 3) c. xiii

An Act for amending and enlarging the Powers of an Act of His present Majesty, for making and maintaining the Barnsley Canal Navigation, and certain Railways and other Roads to communicate therewith; and for increasing the Rates, Tolls, and Duties thereby granted.

[28th March 1808]

ANNO QUADRAGESIMO OCTAVO GEORGII III. REGIS. Cap, 13,. An Aft for amending and.enlarging the Powers of ah! Act of His prefent Majefty, for making and main taining the Barnjley Canal Navigation, and certain Railways and other Roads to communicate there with ; and for increafing the Rates, 'Tolls, and Duties thereby granted. [28th March 1808.] HERE AS an Aft was paffed m the Thirty-third Year of the Reign of His prefent Majefty, intituled, An ASi for making $$ G. 3- and maintaiiiing a Navigable Canal from the River Calder," in the Townffjip of Warmfield cum HeatH, to or near the Town of Barnfley, and from thence to Barnby Bridge', in the Town/hip of Cawthorne in the Wefi Riding of the County of York, and certain Railways and other Roads to communicate therewith; whereby the feveral Perfons therein named, and fuch other Perfons as fhould thereafter become poffeffed of One or more Share or Shares in the faid Canal, their Succeflbrs, Executors, Admi- niftrators, and Affigns, were incorporated by the Name and Style of The Company of Proprietors of the Barnjley Canal Navigation, and are autho-. rized to' make, complete, and maintain a Canal, navigable and paflable for Boats,. Barges, and other Veffels, from the River Calder y in the Townfhip of Warmfeld cum Heath, ^to or near the Town of Barnjley,. aiid -from thence to Barnby Bridge, in the Townfhip of Cawthorne in the Weft Riding of the faid County of Tork\ and alfo * to make and lay divers Railways or other. Roads, or both, to communicate with the faid Canal in fuch Courfe and DireSiori as in the faid AS, and in certain Maps, Plans, and B6oks of Reference, certified by the Right Honourable the Speaker \JL*qc & Per.~J Ty of 178 48GEORGII III. Cap.it,. bf the Houfe of Commons, or made liider the Authority of the faid Aftj iand feverally ^epolUfdu ne wfti the ;CIerk of the Peace for the Weft Riding pi the County p| Tgrk and the other with the Clerk of the faid Company of Proprietors, are directed 1 ^nd the faid Company were thereby authorized to rStife and contribute amongft themfelves a competent Sum of Money for making and completing the faid Canal and other Works authorized t$ be made by the faid AS, not exceeding in the Whole the Sum of Seventy-two thoufand Pounds (except as therein-after is men-tioned) ; and in cafe the faid Sum of Seventy-two thoufand Pounds fhould be found inefficient for making, completing, and maintaining the faid Canal, Railways, and other Works thereby authorized to be made, the faid Company \yere file:///yere ajfq enabled to raife and contribute among themfelves,* in the Manner in the faid AQ. mentioned, or by the Admiffion of new Subfcribers, any further or other Sum of Money for completing and perfecting the faid Navigation, not exceeding Twenty-five thoufand Pounds: And whereas the faid Company of Proprietors, in purfuance of the Powers contained in the faid'recited Act, have raifed by voluntary Contribution among themfelves the Whole of the Sum of Seventy-two thoufand Pounds, and alfo the further Sum of Twenty-five thoufand Pounds or thereabouts, by Loans at Intereft, from-certain of the Proprietors of the faid Canal, the Whole of which faid Sum of Ninety-feven thoufand Pounds has been expended in the Profecution and Furtherance of the Works of the faid Canal Navigation ; and the faid Company have alfo incurred fundry Debts in the Profecution of the faid Undertaking: And whereas the faid Company of Proprietors have made and completed the faid Canal, and feme of the Works relating thereto, but the Railroads or other Roads to communicate therewith are not yet made, by reafon whereof the faicfCanal is of lefs pubiick Utility than it otherwife would be ; and in order to enable tji ?m to finifh the. fazhe, apd other Works of the faid Canal^ and to dif-charge, the Debts by them contrafted, and to maintain and.provide for the general Purpofes of the faid Undertaking, a confiderable Sum of( Money more than they have yet raifed.will be required, and which, cannot now be ^or:rowed on Mortgage without the Aid and Authority of Parliament: And whereas the laid recited A& hath in other Refpefts been found defective, and the Powers and Provifions thereof require to be- in* feme RefpecTs altered, ame^d/ and enlarged.: May it therefore pleafe Your Majefty that it may be enafted; and1 be it enafted, by, the King's. raoft Excellent Majefty, bj and witji the Advice and Confent^ of the Lords* Spiritual and.Temporal, and Commons,* in.this prefent,Parliament affem-Power to bled, and by the Authority of the fame, That it fhall be lawful* for the* raife 43,200L faid Company of Proprietors, and they are hereby authorized and, empowered to raife the Sum of Forty-three thoufand and two. hundred Pounds, for difcharging all and every Debt and Debts, Sum and.Sums of Money, which are or fhali^become owing or payable from or by the faid Company, and for iinifhing, completing, and maintaining the faid Canal and Railways, and other Works, and particularly the Railway or other Road from the faid Canal near Barnby Bridge to. or near Norcrofi Bridge, and from'thence towards Silk/ion Crofs, by the faid recited AQ. authorized to be made and done;, any Thing hx the laid recited AQ contained tothe contrary thereof notwithftanding. If 4s,2coL inefficient, n. And be it further ena&ed, That in caf^ the faid Sum of. Forty-three,. to raife thoufand and two hundred Pounds," being Sixty Pounds per Share, herein- io,oool. by * J 1 u f "* Mortgage, Deiorc 48GEORGII III. Cap.i$* 179 .before authorized to be raifed, fhall be found "infufficient for making, completing, and maintaining the faid Canal, Refervoirs, Feeders, Ways, Quays! Wharfs, and othet Works by the faid recited Aft authorized to be made, and for defraying all neceffary Expences and Charges relating thereto', then and in fuch Cafe the faid Company of Proprietors fliall and they are hereby authorized and empowered to borrow and take up alt Intereft oil Mortgage any further or other Slim of Money, hot exceeding in the Whole the Sum of Ten thoufand Pounds, on the Credit of the faid Navigation and Undertaking, and to aflign the Property of the faid Navif gation, and the Rates arifing or to' arife to, the faid Company by virtue of the faid recited Act or this Aft, or any Part thereof, as a Security for any Sum or Sums cf Money to be borrowed as aforefaidi with Intereftj to fuch Perfon or Perfons, or to his/her* or their Truftees, who (hall be willing to advance the fame; all which Aflignnients fhall be made under the Common Seal of the faid Company, in the Form or io the Effeft prescribed and fet forth in the faid recited Aft \ and aH and every Perfon and Perfons to whom fuch Aflignment or Affignments fhall be made, fhall be equally entitled to his, her, or their Proportion of the faid Rates^ Canal, and Premifes, according to fuch refpeftive Sums in fuch Aflignment mentioned to, be advanced, without.any Preference by reafon of the Priority of the Date of fuch Aflignment, or on any other Account whatfoever % and the Money fo to be borrwed is hereby direfted and appointed to be laid out and applied for and towards the making, completing,* and main^ taining the: faid' Canal* and other Works by the faid* recited ilft authorized to be made, and for the other Purpofes of the faid Aft, and to no othtt' Ufe, Intent, or Purpofe. whatfoever. III. And be it further enafted, TJhat the faid Sunt of4 Fdfty-tKree thou- Preferring fand and two hundred Pounds, or any Part thereof, fhall and may be the .Mode of raifed by the faid Company of Proprietors, by raifmg, paying, and con-". raifinge tributing among themfelves proportionably and rateably in refpeft of tfieir ^ feveral Shares in the faid Navigation; and that it fhall be lawful for the faidi Company, and they are hereby authorized and' empowered^ at any General or Special Aflembly to be held and convened in the Manner and agreeably to-the Direftioris contained in the faid recited Aft, or for thtit Committee for the Time being, to make any Call or Calls for Money from: ^Proprietor or Proprietors of a Share or Shares in the faid Canal Navigation, in order to raife the faid Sum of Forty-three1 thoufand and two hundred Pounds, in the Manner and fubjeft to the Regulations herein-after mentioned; which Money fo to be called for fhall be paid to fuch Perfoif or Perfons, and in fuch Manner as the faid General or Special Aflemblya or Committee fhall direft and appoint; and all and every the Owner' ajuf Owners of One or more Share or Shares in the faid Undertaking, fhall pay-his,, her, and their Share and Shares, or Proportion of the Monies; to be called for as aforefaid, at fuch Time and Place, and' in fiich Manner a^ fhall be appointed as aforefaid, and of which Time and Place Thirty Days Notice-fhall be given, by.publifhing the fame in- fome T-wo-Newf-papers ufually or then circulating in the Country through which the faid Canal * patTes, or in fuch other Manner as the' faid Company fhall at any General or Special Aflembly direft or appoint; and fuch Sum or Sums oF Money as fhall be paid inrefpeft of every Share in the faid Undertaking, fhall be and thefameis and are hereby declared to be confolidated with every fuch Share,: and fhall entitle the refpeftive Owners-thereof to a propor* 6 tionably i8o Manner of enforcing Payment of Cails. The Company empowered to fell Shares that fhall become veiled ia them by default of the. 4SGEORGlI III. Cap.i$. tionably increafed Share of the Profifs'and Advantages of the faid Undertaking ; and every Share in the faid Undertaking fhall, for all Pnrpofes whatfoever, be confidered as fo much Stock in the faid Undertaking as fhall from...

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