Barnsley Canal Act 1808

JurisdictionUK Non-devolved
Citation1808 c. xiii
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 48°GEORGII 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 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 per-
fecting 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 Com-
pany of Proprietors have made and completed the faid Canal, and feme
of the Works relating thereto, but the Railroads or other Roads to com-
municate 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
tjim 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, em-
powered 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 to„the
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
48°GEORGII III. Cap.i$* 179
.before authorized to be raifed, fhall be found "infufficient for making, com-
pleting, 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 pre-
scribed 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 men-
tioned 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-". raifing™e
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 Navi-
gation, 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 Com-
pany em-
powered to
fell Shares
that fhall
become veiled
ia them by
default of
the.
4S°GEORGlI III. Cap.i$.
tionably increafed Share of the Profifs'and Advantages of the faid Under-
taking ; 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 Time* to Time be the Quotient arifing from aDivifion of the
whole Money which hath been or fhall be raifed under and by virtue of
the faid recited Aft and this Aft, by the whole Number of Shares in the
faid Undertaking; and all Executors and Adminiflrators fhall be and are
hereby empowered to pay their refpeftive Proportions of the faid Money,
to be called for as aforefaid in refpeft of the Share or Shares of their
Teftators and Inteftates refpeft;vely, and charge the fame to the Accounts
of fuch Perfons Eftates and Effefts,
IV. And, for the better enforcing the Payment of fuch Calls, be it-
further enafted,' That if any Perfon
or Perfons upon whom any Call or
Calls for Money fhall or may hereafter be made, under or by virtue of
this Act, for or in refpeft of any Share or Shares in the faid Under-
taking, and who fhall not have given Notice in the Manner in this Act
directed of his, her, or their Intention of relinquifhing any fuch Share or
Shares, fhall negleft or refufe to pay his, her, or their rateable or pro*
poitionable Share or Shares of the faid Money to be called for and raifed
by virtue of this Act, for the Space of Six Calendar Months next after
fuch Call or Calls fhall have been directed to be paid by fuch Publication
as aforefaid, then and in fuch Cafe all and every the Share and Shares of
fuch Perfon or Perfons fo refufing or neglefting as aforefaid, fhall be
vefted in the faid Company of Proprietors, their Succeffors, Executors,
Adminiftrators, and Affigns, to and for, theUfes and Purpofes herein-
after mentioned : Provided always, that no Share or Shares of and in the
faid Navigation fhall vefl in or accrue to the faid Company, until Notice
in Writing thereof be given by the Treafurer or Clerk of the faid Com-
pany to the Owner or Owners of, or Perfon or Perfons in whofeName or
Names fuch Share or Shares fhall at the Time of giving fuch Notice ftand
regiftered or entered in the Books of the faid Company, and in cafe of
Infants to the Guardians or Truftees of or for fuch Infants, or left at his,
her, or their Dwellinghoufe or ufual or laft known Place of Abode,
Thirty Days at leafl before fuch Accruer fhall take place, or until .Notice
fhall be publifhed Three Times at leaft in the London Gazette9 and in Two
Newfpapers ufually or then circulating in the Country through which the:
faid Canal paffes; and in which Notice fhall be contained a Statement and
Account of how much Money is due from fuch Owner or Owners,
Perfon or Perfons, for his, her, or their Call or Calls in refpefl: of his,
W, .or their Share or Shares in the faid Undertaking; and that fuch Share
or Shares fhall not be vefted in the faid Company of Proprietors, provided
the Owner or Owners
thereof,
or fuch Perfon or Perfons as aforefaid, fhall
pay up what fhall appear by fuch Statements to be due, together with
Interelt on the fame, and all Expences attending the applying for the
fame, within the Time fpecified in fuch Notice ; any Thing contained in
the faid recited Aft or this Aft to the contrary notwithftanding.
V. And be it further enafted, That when any Share or Shares inthe
faid Undertaking fhall, by virtue of this. Aft, have become vefted in the
faid Company of Proprietors as aforefaid, then and in every fuch Cafe it
fhall be lawful for the faid Company, or their Committee for the Tiiiie
being, and they are hereby empowered, to-fell or caufe to be fold by publick
Auftion
48°GEORGII III. Cap.i$. 181
Au&ion to the beft Bidder, at fuch Time and Place as the faid Company Owners not
or. their Committee fhall dire£t (of which Sale Twenty Days Notice at ???}nS.
lead: fhall be given, by publishing the fame in the London Gazette, and iii
Two Newfpapei's ufually or then circulating in the Country through
which the faid Canal pafles) j and it fhall be lawful for, the faid Corii-
pany of Proprietors or their Committee to affign over and transfer the
Share or Shares of fiich Defaulter or Defaulters, or fuch and fo marly of
the faid Share or Shares as the faid Company of Proprietors or their Com-
mittee fliall front Time to Time find neeeilary and dired, in order to iri&ke
good the Deficiency and Deficiencies of fuch Defaulter or Defaulters as
fhall not pay his, her, or their Call or Calls, purfuant to the Directions of
this A&, unto fuch Perfon or Perfons as fliall become the Piirchafeir or
Purchafers of fuch Share or Shares, his, her, or their Executors, Admi*
niftrators, or Affigns, and to receive and give Receipts for the Money
agreed to be paid or given for fuch Share or Shares; and fuch Affignment
and Transfer and Receipt fliall be good, valid^ and effectual, againft the
Owner and Owners of every fuch Share or Shares fo vefted in the faid Com-
pany and fold as aforefaid, and all Perfons claiming tinder him? her, or
them: Provided always, that in cafe the Motley produced by Sale of any Surplus to fee
fuch Share or Shares fhall be more than fufficient to pay-fuch Arrears as
paid to
the
aforefaid ^ the Surplus arifing from fuch Sale, after Payment of all Arrears ^omVuch
of Money due thereon and Intefeft, and the Expences attending fuch Share did
Sale,
fhall be paid on Demand tp the Perfon or perfons to whom fuch belong; and
Shared or Shares fhall have belonged;, provided alfo, that no futh Share no f*?jret°t
or Shares fhall be fold or advertized for Sale$. until the Expiration of One
jjot^ce
^j
Calendar Month next after Notice in Writing fhall
have.
been, giyen by the
have
been
Tr^afufer or Clerk to the faid Canal Company, to the dwner of Owners given to the
thereof,
or Perfon or- Perfons in whofe Name or Narrtes ftich Share or Owner*
Shares fhall at the Time of giving fuch Notice fland regifterfcd or-entered*
in the Books of the MA Company of Proprietors, and in cafe df Infants*
to the Guardians or Truftees of'or for fuch Infants, or left at his, her,
or their Dwelling-houfej or ufual or laft known Place of Abode, or until
fuch Notice fhall have' been publifhed Three Times in the London Gazette,
H'fld in.Two Newfpapers ufually or then circulating in the Country through
which the faid Canal paffes, in which Notice fliall be contained a State-
ment and Account how much Money is due from fuch Owner or Owners,,
Perfon or Perfons, for his*, her, or their Call or Calls in refpe£t of his*
her,' or their Share or Shares in the faid Undertaking; provided likewife,'
that the faid Barnfley Canal Company or their Committee fhall not-by
virtue of this A, at arty Time or Times fell or transfer, or dire£t to' be-
fpld or transferred, any more of fuch Shares of fuch Defaulter or De^
faulters than fhall be fufficient, as near as may be at the Time of fuel*
Sale,
to pay the Arrears of Calls of fuch Defaulter or Defaulters, and
the Intereft and E^pences attending the fame; and from and after Pay.
msnt of all"and every'the- Call or Calls to be made by virtue of this AffJ
md the Intereftand Expehces as aforefaid, any Sha^e or Shares vefted iri
thefeid Gorrtpany of Proprietors as aforefaid,v ^hicb fhall remain in .tHeii*
jftands unfold* fhallr'fetfei't to and- again become' thfe Property of the Perfoii
w Perfons to whom fuch Share or Shares had before belonged, in fu^E
Mmmf
a*
if the
Call*
had
been'
duly and %ularly,pkid,
VL Provided &e*erthelefs> and- be it furdVer eiia&'ed, That if'any Pro-?
Shares may
gti^tDVorPrapTriejoi^of ari-yftieh-Sfeare or Shares; or thie Executors; Adrtii-Vbe.^h""
[Loc* & PW'2 % * niftratorSj ^ afteT
Notice*
i8s 48°GEORGII III.
Cap.1%.
Aiftrators* Guardians, or Truftees of any fuch Proprietors, or any Mart.
gagee of fuch Shares, fhall, within Three Calendar Months next after the
palling of this Aft, give Notice in Writing to the Treafurer, or Law
Clerk or Law Clerks to the faid Company of Proprietors, of his, her,
or their Intention of relinquishing any fuch Share or Shares, then and in
fuch Cafe fuch Shares fhall not be forfeited or vefted in the faid Company
of Proprietors by the Non-payment of any Call, but fuch Shares fhall,
within One Calendar Month after fuch Notice, be fold by publick Auftion
to the highefi Bidder in Manner aforefaid, and the Monies arifing from
fuch Sale, after dedufting the neceffary Charges and Expences attending
the fame, and the Arrears of Calls before that Time made, fhall be paid
to the Perfon or Perfons to whom the Share or Shares fo fold fhall have
belonged.
Not
tot Cue
VIL Provided always, and it is hereby further enafted and declared,
for
Calls on
That nothing in the laid recited Aft or this Aft contained fhall empower
Share* ^e ^a^ Company of Proprietors to fue for-any Call or Calls for Money
direfted to be made by virtue of this Aft, or to forfeit or declare forfeited
any Share or Shares on Non-payment of any fuch Call or Calls, or in
any Manner to recover or enforce Payment of the fame, other than by
felling fuch and fo many of the Shares of the faid refpeftive Proprietors
as fhall be neceffary for the Purpofes, and under the Regulations and ac-
cording to the true Intent and Meaning of this Aft, fave and except in the
Cafe next herein mentioned ; any Thing in the faid recited Aft or in this
Aft contained to the contrary notwithftanding.
frovifo, that VIII. And be it further enafted, That in cafe no Purchafer fhall be
in'chfeno found at the Sale by Auftion of fuch Share or Shares in the faid Canal as
b f undf r ^a^' ^y Default of the Owner or Owners
thereof,
become vefted in the
Shares vefted &id Company of Proprietors in Manner aforefaid, or as fhall be relinquifhed
in the
Com-
in the Manner and according to the Power for that Purpofe herein-before
pany, they contained (fuch Sale being made in the Events and according to the Man^
vefted b°the ner herein-before direfted), then the Share or Shares for which no Pur^
Company chafer fhall be found at fuch Sale by Auftion, and all Profits and. Benefit
for the Benefit
thereof,
and all Monies advanced on fuch Share or Shares, fhall and they
of
all the
Pro-
are hereby declared to be vefted in the faid Company of Proprietors abfo*
conlWto" itftely, for the equal Benefit of all the remaining Proprietors, according to
their
Shares*
their refpeftive Shares in the faid Undertaking,
iWofis IX. And be it further enafted, That it fhall be lawful for the feveral
ticulaf In T~
Pr°Priet0rS
of any Share or Shares in the faid Undertaking, being pofTefTed
thefts only thereof or entitled thereto for Life, or for any other limited Eftate otf
in Shares, Intereft, and who fhall he compelled or compellable, in purfuance of this
may mort- Aft, to advance any Sum or Sums of Money over and above the original
Suf6
rh Subfcriptions, and for the Hufbands, Guardians, Truftees, Committees^
the Calk anc^ Attornies 'of any fuch Proprietors being under Coverture, Minors,
paid in pur- Luriaticks, beyond the Seas, or under any other'Difability. or Incapacity
fnanceof 0f afting for themfelves, to borrow and take up at Intereft, upon the
1 lsAft* Credit of fuch Share or Shares, fuch Sunt and Sums of Money as they
fhall fo refpeftively advance, or be compellable to pay, and by Writing*
under their Hands and Seals to grant and affign over fuch Share or Shares
unto the Perfon oi'Perfon^ who fhall advance and lend the Money thereon,
his,
her, or their fexecutors* Adminiftrators, .and Affigns ; and the Money
fa
48°GEORGIJ III. Gap.i$. S83
fo to be borrowed fhall be paid to the Tre'afirfer or Treafurers to the faid
Company of Proprietors, for the Purpofe of anfwering and paying thd
Sum or Sums of Money which fuch Proprietors refpectively may be com-
pelled or compellable to pay as aforefaid: Provided always, that in every
fuch Grant or Affignmenf there be contained a Provifo ot Condition to
make the fame void, or lan exprefs Truft to re-aflign the Intereft, Benefit^
and Advantage thereby granted, when the'Money thereby fec.ured, with
the Intereft
thereof,
fliall be fully paid and fafisfied; apd that where the
fame fliall be made by or on Behalf of any Proprietor ihterefted in of
entitled to fuch Share or Shares for Life5 ofc for any other limited Eftate
or Intereft, there be contained a Covenant or Provifo, that the Perfon or
Perfons entitled to fuch Share or Shares in Remainder or Reverflon flialt
hot be liable, upon becoming poffeffed
thereof,
to the Payment of any
further or larger Arrear of Intereft than for One Year preceding the Time
that the Poffefficfn of fuch Eftate or Intereft in Reverfion or Remainder
(hall commence, provided that any Intereft, Dividends, or Profits of the
faid Undertaking fliall have been paid, in refpeft of fuch Share or Shares,
equal to the Discharge of fuch further Arrear of Intereft, but not other*
wife ; and every fuch Grant and Aflignment fhall be valid and efie&ualj
and fliall have Priority in every refpeft to any Charge or Incumbrance
affefting fuch Share or Shares; provided alfo, that no fuch Grant ot
Affignmenf, or any Transfer
or Aflignment
thereof,
fhall be valid unlefs
the fame be produced and notified to the Clerk to thefaid Company of
Proprietors within Fourteen Days next after the Date
thereof,
who fhall
^enter the fame in a Book to
be-
kept for that Purpofe, for which he fhall
be paid the Sum of Two Shillings and Sixpence and no more; but no
fuch Grant or Aflignment, or any Transfer or Aflignment
thereof,
fhall
entitle any Perfon to a Right of Vetting-at any Aflfembly or Meeting5 of the
faid Company of Proprietors.
X. Provided always, and be it furthef enafted, That it fliall be lawful Power fW
for any Perfon or Perfons who
'
now are or hereafter may be entitled to
^n^|£9'
kny Mortgage or Mortgages, or other Security, Sum or Sums;of Money, dua Money
on thefaid Undertaking, and to the Principal and Intereft due thereon,
due
to them
and alfo for fuch of the Proprietors of the faid Navigation-as hold any out of Calls*
Share or Shares therein, on which a further Sum .of Thirty-three Pounds
per Share hath been advanced, or any Part
thereof,
and from whom any
Sum of Sums of Money fhall become due .and payable to the faid Com-
pany of Proprietors, by reafon of any Call or Calls to be made by virtue*
of this Aft, in cafe fuch Perfon or Perfons fhall fo.think proper, to.dedu£fc
the Amount of fuch Call or Calls from the Principal Money and Intereft
which fhall be due aftd owing to him, her,. or them refpeftively from the
faid Company; and that the Receipt and Receipts of the Perfoft or Per-
fons entitled to fuch Mortgage or Mortgages, or other Security, Sum or
§\ims
of Money, for the Amount of each and every fuch Call' and Calls*
fhall, on the Delivery thereof to the Treafurer or^Treafurers for the Time
being of the faid Company of Proprietors, in cafe fo much Money fhall
J>e due to fuch Perfon or Perfons on fuch Mortgage or Mortgages, or*
Other Security, Sum or Sums of Money, be deemed and taken as thg
Payment of fuch Call and Calls, and fliall be accepted and taken by th$
faid Company of Proprietors as fuch; and that fuch Treafurer or Trea*:
furers fhall endorfe on fuch Mortgage, or enter into his Books 3-Memo-*
randum, flaring how much of fuch Mortgage or other.Sum or Sums of
Money has been fo difcharged, XL And
184 4S*GE0RGII III. Cap.i$.
The Com- XL' And be it further ena&ed, That the faid Company of Proprietor*
ffiSw
flia11'
andthe7 are hereby ordered, direfted,
and
required,
as
foon
as may
from Bamby
^e a^ter ^le
Puffing
of
this
Aft, to fet out,
make,
and
complete
the
faid
to Silkilan. Railroad from
the
faid Canal near Bamby
to or
near Nor croft Bridge,
and
from thence
to
Silk/Ion,
in the
Line
and
Direction
and
under
the
Autho-
rity
of the
faid recited
Aft.
Company
331. And
whereas,
in
confederation
of the
great additional Expence
the
empowered faid Company of-*Proprietors have already fuftained
and
been
put to ia
to colleft ad- making
pid
completing
the
faid Canal,
and may
hereafter fuftain
in
Rates** making
and
finifliing
the
Railways
and
other Works intended
to be
made,
beyond what
was
eftimated
and
propofed when
the
Rates
of
Tonnage
and
Wharfage, Crancage
and
Porterage, payable
by
virtue
of the
faid recited
Aft, were fettled
and
fixed,
it is
reafonable that they fhould
be
authorized
to collect fome additional Rates towards anfwering fuch additional
Ex-
pence
; bs it
therefore further enafted, That
it
fhall
be
lawful
for the
faid
Company
of
Proprietors (over, above,
and in
addition
to the
Rates
of
Tonnage they
are
entitled
to
take
and
receive
by
virtue
of the
faid recited
Aft,
and
over
and
above
and in
addition
to the
Rates
of
Wharfage*
Craneage
and
Porterage, they
are
entitled
t?
take
and
receive
by
virtue
of
this
Aft) to afk,
demand, take,
and
recover,
for
the,ir
own
proper
Ufe
and
Behoof,
for the
Tonnage
of all
Goods, Wares, Merchandize, Goal,
Stone, Timber,
and
other Things which fhall
be
navigated
or
conveyed
Upon
or
through
all or any
Part
of the
faid Canal,
or
upon
any of the
Railways thereto belonging,
all
fuch Sums
and Sum of
Money
as
they
fhall from Time
to
Time direft
or
appoint*
-not
exceeding
One
Moiety 01?
Half-Part
of the
Tolls, Rates,
and
Duties they
are now
entitled
to
take
^nd receive
by
virtue
of the
faid recitqdrAft; which faid additional Tolls,
Rates,
and
Duties hereby granted fhall,
and the
fame
are
hereby declared
to
be
vefted
in the
faid Company,
and
fhall
and may be
ascertained,
col-
tefted, levied*
and
recovered
by
fuch
and
the'like Vfays
and
Means,
a'n$
iball become
dye
and. payable in fuch
and the
like Proportions
and
Manner,
and fubjeft
to
fuch
and the
like Exemptions,
as the
Rates
of
Tonnage
granted
and
made payable
to the
faid Company
of
Proprietors
in and by
the faid recited
Aft
are. thereby direfted
to be
ascertained, cbllefted*
levied^
and
recovered,
and are
fubjeft
to.
fhrovi'fo.
To .
XIIL Provided always,
and be It
further enafted, That nothing herein*-
take fame contained fhall
af any
Time
or
Times authorize
or
empower
the
faid
Ba^b^o*
Barnftfy.C&nzl Corppany- to afk, demand, take, or receive by virtue o£
the Junaion |his prefent Aft, any higher or additional Toll, Rate, or Duty per Mile
on Goods for the; Tonnage of any Goods, Wares,
v
Merchandize, Coal, Stone,
Sd^TC^r ^imber> or othei:
ThhSs
which fha11'be
nav%ate5 carried,
or
conveyed
the Calder°r ^P011
ot through all or any Part of that Part of the faid Barn/ley Canal*
b.nt without commencing at Bamby Bridge, and- ending at the Jumftion with the-
atfefljng the Dearne apd Dove Canal, at or near Barnjiey or upon- any of the Rail-
Cla \Aft S~ wa^s to tbe ^ame ^art °f tbe ^H^ Barn/ley Canal, now or hereafter belong-
paying for ^g* and which fhall pafs into or out of the faid Dearne and-JOwa Canal*
Six Miles on than the Toll Ratje or Duty per Mile, which fhall for rfie then lime.being:
faffing
a
fee charged for the Tonnage of the Goods, Wares, Merchandize,. Goal^
Stand, Timber,, or qther Things which fhalL be navigated, carried, or
conveyed, upon or, through all or .any Part, pf the faid Part of the faid:
Bamjky Canal, commencing at Barnvy Bridge afor.elaid, and ending^at the:
fa-Lot
Lock.
48° GEORGII III. Cap.ii. *$5
laid JiltiSioh with the iaM,
DedrHe
and
U6toe
Caiial*. at or" near
Bar-njTef
aforeTaidj or upon any of the Railways nbw pr heredfter'to the fanie Part
belonging Without paflingj and which fhall not p&fs lfltd.or out of the faid.
Dearne aild Dove Canal: Provided alw£j\s9 that* nblhing in this KB. odfi-
taihed Ihall be conftrued to extend to afFeft, or in anv Mariner reftrain or
&Bridge^ the Powers contained in the faid recited
AQ:
for enabling the laid
•Barri/Jey
Canal Company to charger the goading in any Boat or Veffel
g6ihg uf) dr dbwn the faid Bdrnfley Canal, which fhall pafs through One
or more Locks of the fatile'Caiial without 'palling more than' SIxTKRles
thereon, as if fuch fioat or Veffel had actually gone the full Length of Six
Miles updii the fame Canal.
XIV.% Provided always, and Be it further enaaed, ihat nothing Jherdn tional Rate
Sdorttaifted ihali authdnze or empower the faid Coippariy of. f*rpprietprs to t0^e taken
afk, demand, take, or receive
by.'
virtueof this prefent^^.any ^4^Rnal s^on s to:
Rate or ibuty upon Flag Pavingftone, Lmieftqne, or Lithe, navigated upon which 'fhall"
the faid Canal, which ihall previdufly have been navigated qr brougfrf lip have been
the t)ear?if a.ndDoie Canal Navigation, from
Swirifon
on the River Dm to previoufly
the Junftjon of the fkici "beanie ah
A'
Dove Canal' wittf the.£nd- £arn/ley ^^Deatn^
Cankl, St
olc
near
BarnJIey
aforefaid. anl Dove
Canal,
XV, And whereas tfie faid Cojnpany of rPrpprietors Jhaye expended Poverfor
eonfiderable Sums of'Moneyirl building proper Wharfs^^Staiths^Cfanes, CGmEa27
Warehouses, and Granaries upon the Line of the faid ftarnfley tlanal, ^d^nal
and are liable to and hisceflarily put to and incur great Expend^ in "the jtatesof
keeping and maintaining^ fulBcienttand/,n'ec^ffai;y Clerks, Porter^ "and Craneageand
Labourer^ for the Management '.AtteliclahcL arkl- Care thereof'r^fpec- P°[te™ge>
. , A , , 'Ju r^-rJ^i-
*•*>£•*&
,,; ^ 'Jd%\-,',! and What*
tively: And whereas the prelent RatfSrpr Lrapeage
.
and Jror|erag£ .are f
iniufficient for the Supddft of futh" Clerks Fortfers^ and Labourers fo
neceffarily employed in
[
and about ije
-
Mani^f-ment,
^Aiteriddnce,
and
Care of fuch Wharfs, Stajths, C
ranis,
WvarehqufeSjafid ;ajjanes re-
fpeCtively
jas
aforefaid; l5e it th erefoVe^ enabled,. Tn at far |iiet)Cranage and
Porterage.! of every
and other JThings, upon which the
S'uni
of'Sixpence pet^tqh is'[allowed
by the faid fecitdd Act to be charged, received, and taken* for tne fearieage
#nd Porterage
thereof,
there-ihall.be charged;by #nd paid taihe Ihid'Com-
•pfey of Broptietorsi their; Agents, Servanf
sr:or
-Wharfihg^rs,4, from and
^fc^i;
th"e
paffliig; of
ithis;;
Aft^ ..the Siuti* Mr
One"
Shilling fen Ton "-for
3Gi*an?cig^ and Porterage (o^er and aboveiTonnagc'and Wharfage)/ or fo
TOuctL .thereof as the faid Company* of Proprietors ihall .from Time .to
^ijilfe 4rfj that;-Behalf, appoint and ^'direfl:1;'•:'aid further^ that for the
^ranedg^a&d .Porterage of ..each and every^Ear.cel/whicIi fliscll *be.;of \Tiwo
Jbuhdred-Pounds Weight, ..'and fhall notuexcesd Five-hundred Pounds
^Weigh^rtjierer. fhall be. ;pmid not .exceedirig thfe Sum of Sixpence; and
for each and every final I Parcel not exceeding Two hundred .Eckmds
"Weight, there lliall be paid the Sum of Three-pence for each and every
^c^Parcd^^fomuchithtEre^f .as the M& Cempmy of Proprietors "ffiall
iroixf Time 'to Time in tfiat-{Behalf appoint and -direfl:.
.5sJa|th(iJ' W^fehoiifes, or^Dranarks-now^^ieSed' or madb?i arfwhiahlfh^U
^jitfrgaft^^reSed^ msde^. o*.-uieU-;hy; the faid Compaj[iyK»orf jPropieiat-org,
[Lee*
&
Per.1
\A for
iSfi
Mode of
charging
Fractions of
a Mile or a
Ton.
48*GEORGII III. Cap.\%.
Ibr the Ufe and Purpofes of .the faid
BarpJIey
Canal* may afk,
deinancf*
and receive, and they are hereby authorized and empowered to alk*
demand, arid receive for Wharfage and Warehoufe Room (in lieu and in
the Place of the feveral Sum or Sums authorized to be received by the
faid recited Aft for Wharfage and Wharehoufe Room), fuch .Sum or
Sums of Money oyer and above what is direfted by the faid recited Aft
and by this Aft, to be paid for Craneage and Porterage as they fhall
think fit, not exceeding the Sums herein-after mentioned
$
(that is to fay,)
not remaining
more than
Four Days.
Goods, &c. for every Day
jc_
s# a
t
o
1
after the Expi-
ration of-the
fir ft Four Days.
/ J*» Q4
o
o
for eVery. Ton of Goods, Wares, Merchandize,
Commodities, and other Things depofited in the
Warehoufes or other Buildings of the faid Com-
pany (except what are herein-after enumerated),
for Warehoufe Rent only, and exclufive of the
Craneage and Porterage,-
And for all Parcels under Five hundred Pounds
Weight, for Warehoufe Rent only, _ ^
for every Quarter of Corn and Grain of all Kinds,
Cole,
Rape? Line, Muftard Seed, Apples, Pears v
Onions and Potatoes, and Oak Bark, depofited in
the Warehoufes or Buildings of the faid" Com-
pany, for Warehoufe Rent only, and exclufive
of Craneage and Porterage,^ ^
tor. every /Ton of Pig Iron, Timber of all Kinds,
Stone, Tronftone, Limeftone, and Lime, Flint,
Clay, Sand, Bricks, Tiles, Plaifter, Soap Afhes,
and all Goods, Wares, and Merchandize, Com-
modities and other Things whatsoever laid upon
any Wharfs or Staithaof.the faidtCompany, and
not depofited in any Warehoufes or Buildings,
for Wharfage only, and exclufive .of Craneage
and Porterage, '.
Which faid laft-mentioned additional Rates and Duties, hereby granted
for Wharfage, Craneage; and Porterage, fhall and the fame are hereby
declared to be vefted in the faid Company, and fhall and may be ascer-
tained, collefted, levied, and recovered by fuch and the like Ways and
Means, and fhall become due and payable in fuch and the like Proportions
and Manner, and fubjeft to fuch and the like Exemptions: as the Rates
and Duties of Wharfage, Craneage, and Porterage, granted and made
payable toA the faid Company, of Proprietors in and by the faid recited
Aft, are thereby direfted to be ascertained, collefted, levied, and reco*
.\?ered, and are fubjeft to.
XVIL Provided always, and be it further enafted, That in all Cafes
where there fhall be ;a Fraftion of a Mile it the Diftance which any Boat£
Barge, or other VelTel fhall be navigated or pafs upon the faid Canal, or
in the Diftance which any Waggon or Cart fliall pafs upon the Railways
or other Roads thereto belonging, or any of them, where fuch FraftibA
fhall not be Iefs than One Quarter of a Mile, fuch Fraftion fhall, in
afceriainfrg &e ^
Rates*
ke deemed and considered as a whole Milej
and
o o
48°GEORGII III. Cap.x%. 187
m& that in all Cafes. where there (hall be a Fraftion of a Ton in the
Weight of Lading in .any Boat, Barge, or other Veffel fo to be navigated
on the faid Canal, a Proportion of the faid Rates {hall be demanded and
taken,by the faid Barnjley Canal Company for fuch Fraftion, according
to the Number of Quarters of a Tori contained therein ; and in all Cafe|
Where there fhall be a fraftion of a Quarter of a Ton in'any fuch Weight
of Lading as aforefaid, fuch Fraftion fhall'be deemed and considered as a
whole Quarter of a Tom
XVIIL Aiid be it further enafted, That if any Agent, Toll Colleftor,, If an Agent:
Lock Keeper, Wharfinger, or other Servant of the faid Barrjley Canal. °r
*
Toll
Company, occupying any Houfe, Offices or Buildings, Lands or Tenc: an^*v],ois
ments, belonging to the faid Barnjley Canal Company, fhall be difcharged . difcharged*
from his Office by or by the Order of the faid Barnjley Canal Company\
refufes
to
de*
or their Committee, and {hall not deliver up the Poffeffion of fuch Houfe, Jlv*r UP
r*
Offices, buildings, and Appurtenances* Lands or Tenements, together Houfe, &c
-tfdth the Books, Papers, and other Matters and Things belonging to the the Jtiftices
faid Barnjley Canal Company, in his Cuftody, Power, or Poffeffion, within may by War*
One Calendar Month after Notice of fuch his Difcharge fhall be given to ^^*|
him, or teft at fuch Houfe, Office, or Building j or jf tjie Wife or Family, rem6vedwith
or Servant, Inmate, or Representative^ Under-tenant, or Affigns, of afiy his Goods,
fuch Agent, Toll Colleftor, Ldck'Keeger^ Wharfinger^ pr other Servant,
who fh'all happen to die, while iri^ther Service of the faiQ$qrnjley Canal
Company, fhall refiife to deliver tip tlie poffeffion pf fuch floufe, Offices,
Buildings, and Appurtenances, Lands, or Tenements as -aforefaid^ toge*
therewith the Books, Papery and other Matters and Things belonging to
the faid Barn/ley Canal Company, in his,.'her, or theiy Cuftody^ Powei^
or Poffeffion, within One ^Calendar Month, after Notice >pf another rerfow
having been appointed in.the Plage' and Stead of the'Perfon fo dying,
then, and in either of the faid*Cafes,' it fhall be lawful for^apy Jiiftic£,or
the Peace for the Limit or Diftrift where fuch Houfe3 Offices, and-Build-
nigs,'
Lands, and Tenements, fhall be, by Warrant un^ler his Hand and
Seal,
"to
order the Conftable or other "Peace Officer or Sheriff's Officer,
with- fuch Affiftance as fhall be neceffary, to enter fuch, Houfe, /Offices,
and Buildings, Lands and Tenements, in the Day Tinted and. to remove
the*
Perfons who (hall be found therein^ together with their Goods and
v^natteis*
out of fuch Houfe, Offices, and Buildings,
Lands,,
and Tenements,.
and to take Poffeffion of the fame Premifes, and all the Books, Papers, Mat^
ters,
and Things belonging to the faid Barnjley Canal Company* which (halt
be found therein, and to deliver Poffeffion of fuch Houfe, Offices, and
Buildings, Lands, and Tenements^ together with the. Boaks/ Papers,
Matters,^and Things found therein, belonging to the faid Barnjley Canal
Company, to the new appointed Agent," Toll Collector, Lock-Keeper,
Wharfinger, or other Servant, or to fuch other Perfon or Perfons as the
faid Barnjley Canal Company or their Committee fhall appoint to receive
the fame:
XIX. And be it further enafted, That it fhall and may be lawful for Company
_
the faid Barnjley Canp.1 Company, and they are hereby authorized and empowered
dnpowered, at any of their General Affemblies, by Writing under their R£
Cbmmdn Seal, at any Time or Times to let to farm the Rates by the faid
recited Aft and this Aft made payable, and which they are; hereby "em-
powere'd to "'alter as aforefaid, or any Part or Parts
thereof*
upon the
8 Whole
tM 45*GEORGII III. Cap.tp
te or any Part or Parts of the faid Canal or Railroad, unto any
Perfon or Perfons for any Term" or Terms they fhall think proper, not
exceeding Twenty-one Years from i\\£ Commencement of any Leafe;
ind every fuch Leafe fhall be valid and effectual; and the LefTee or Leffees
thereof,
and all fuch Perfon or Perfons as fuch LefTee or Leffees fhall
appoint to eol]e£fc and receive the Rates fo let, fhall, during the Continu-
ance of fueh Leafe, he deemed Collectors of the Rates fo Iet5 and fhall
have the fame Power arid Authority for collecting and recovering the
fame, as if they had been appointed for that Purpofe by the faid Barnjley
Canal Company, in purfuance of the faid recited AS' or of thist ;
provided puhlick Notice of the Intention to let the faid Hates, or
any.
Part
thereof,-
be givefr by Advertifement in the
Sheffield^
Wakefield^
dnd Leeds
Newfpdpers, or atly Two of them, fcr fome pther publick Newfpaper
circulated in the County of Tork9 or in fuch other Manner as the faid
Barn/ley Canal Company fhall dire£t or appoint, at lead Twenty-one Days
prior to any fuch General AfTembly at which the fai'd Rates, or any Part
or Parts
thereof,
are propofed to be let as aforefaid.
Power tQ.ie- XX, And whereas.by the faid recitedt the Mafters or Owners of
T^^L^^J &$¥ Boat, Baro'e: or VeffeL navigating" within the Limits of the faid
fenrd Navigation, and lie Mafrf or O^erf of any Waggon, Cart, or other
doing any' Carriage, paffing? along .the faid gailpays or other^Roacts, ire ^thereby
Damage to made anfwer&btelnW therein mentioned, for, amr Damages. Spoil, or
made anfwerUjbte1,^? therein^ mentioned,
^
for, any
Mifchifcf,
'whicft tell b£ dpne. by them or any of th
until Satf f WLiichi£i, whictt ilYali b£ dpne.
by
tfiem or any ot them reipettiVely unto
tionis made/ £^e &*d Navigation, or arty of the+Works beiphgirig thereto, contrary to
the Dire£tis and Reftri&ions. in the /faidt contained : And whereas-
the Md ffovigatiorr arid Works would be mdre/effefhially prote&edV if
the faid Gonipany.6f Proprietors were epa^lecj. to detain the Veffel or Cart
of the Perfon or i^tfons who fhalr'commit.aHy'-^poll or Mifchief until all
Damage^ and Cofts, to be given arid afceftaiiied as in the faid' h
directed, be Fully |>atd and fatisSed; be it therefore enacted, That from
and after tpe.paffing of this A£t, it fhall and may be lawful for the'fetid
Barn/ley Can&i Company, their Agents, Lock Keepers, aii4 Servants; or
any Perfoft or Perfoni by their Order, to detain and keep any Boat, Barge,
or other Veffel rlaivigatirig within the Limits-of the faid Barhfley Canal,
and alfo any Waggon^ Cart^-or other Carriage, paffing along the faid
Railways or other Roads, in all*Cafes where Damage, Spoil, or Mifchief
fhall be done to the faid Canal, or Works belonging thereto, by any fuch
Boat, Barge, or 6ther Veffel, or by any fuch Waggon, Cart, or other
Carriage* or by the Mafte'r, Owner, or Boatmen, Watermen, or Driver
of or belonging to cr employed in'or about the fame refpe&ivfely, until
full Satisfa&ion be made to the" faid Company of Proprietors fqr fuch
Damages, Sftoilj pt Deftruftion, according to the Order or. Determination'
df the Juftice or Juftices of the Peace before' which the Offeifder fhall be
convi&fcd, or of ariy Court of Record at Wejlhiinjier in which the Offender
fhall be fued, as the Cafe may be.
penalty on XXL And be it further enacted, That if any Boat, Barge, .or other
Ferfbns Veffel going up or down the faid: Canal fhall pafs^the Firft Lock at Bariighy
f\E^—t
the Firft Lock at'^/7^25-or the Firft Lock at Agbrigg, upon'the faid
paffing- the" Barn/ley Canal, and the Ma iter Boatman or Chvrier of fuch Boat, Barge,,
Locks. or Veffel fhall not proceed immediately and without Delay through all the
remaining Locks of the faid Canal, next unto fuch Firft Lock at thofe
refpedtive
48«GEORGII III. Cap.i$. 189
refpeftive Races through which he iitay have Occafion to pafs (except
where fuch Delay is or fhal) be occafioned by the loading or unloading of
fuch, Boat> Barge, or Veffel, or in Cafes of Misfortune or inevitable Ac^
cident), that then and in every fucli Cafe the Mafter Boatman ot Owner
of every fuch Boat, Bargej or other Veffel fliall, on Cdnviftion pf the
;Offencfe before any Juftice of the Peace for the County* .Riding, Liberty,
or Place where any fuch Offence fliall be committed, either
by*
the Con-
feffionof the Party or Parties offending,* or upon the Oath or Oaths of One
OK
.more .credible Witnefs or Witnefles (which Oath or O^ths'fuch Juftice*
is hereby empowered and required to adminifter), pay to the faid Company
of Proprietors, their Agents or Servants, the Damages tb be afceftained
by fuch Juftice, provided fuch Damages do not exceed the Sum of Five
Pounds; and alfo fliall, over and above fuch Damages, forfeit and pay
to the Informer any Sum not exceeding Twenty Shillings, nor lefs than
Ten Shillings, and all Cofts, Charges, and Expences attending fuch Com
viftion; which Damage?, Penalties, and Cofts.(hall be levied by Diftrefs
and Sale of the Goods and Chattels of the Mafter Boatman, Owner or
Owners of fuch. Boat, Barge, or other Veffel, by Warrant or Warrants
under the Hand.and Seal of fuch Juftice, and the Overplus (if any), aftei*
fuch Penalties, Damages, and the Cofts and Charges of fuch Diftrefs and
Sale kre deducted, fhall be returned upon Demand to the Mafter Boatman
or Owner or Owners of fuch Goods and Chattels.
any Money fliall be agreed Application
pr awarded to be paid for any Lands, Tenements, or Hereditaments, fati0nwhen"
purchafed, taken, or ufed by virtue of the Powers of the faid recited AS: exceeding
or this Aft, for the Pui'pofes
thereof,
which fliall belong to any Corpora- aool.
tion, Feme Covert, Infant* Lunatick, or Perfon or Perfons. under any
Difability or Incapacity, as in the faid Aft mentioned, fuch Money fhall,'
in cafe the fame fliall artiount to or exceed the Sum of Two hundred
Pounds, with all convenient Speed be paid into the Bank of England, in
the Name and with the Piivity of the Accountant General of the High
Court of Chancery, to be placed to his Account ex parte the Company
of Proprietors of the Barn/ley Canal Navigation, together with the Name
af. Three of th? Commiflioners for executing the faid Aft, to the Intent
that fuch Money fhall be applied; under^the Direftion and with the Ap-
probation of the faid Court, to be fignined by an Order made upon a
Petition to be preferred in a fummary Way, by the Perfon or Perfons who
would have been entitled to the Rents and Profits of the faid Lands,
.Tenements, or Hereditaments.; in the Purchafe of the Land Tax, or
towards the Difcharge of any Debt or Debts, or fuch other Incumbrance
or Part
thereof,
as the faid Court fhall authorize to be paid, affefting the
fame Lands, Tenements, or Hereditaments, or affefting other Lands,
Tenements, or Hereditaments ftandine fettled therewith to the fame or
the like Ufes," Intents, or Purpofes; or where fuch Money fhall not be fo
applied, then the fame fhall be laid cut and inverted, under the like Direc-
tion and Approbation of the faid Court, in the Purchafe of other Landsj
Tenements, or Hereditaments, which fhall be conveyed and fettled to,
for, and upon fuch and the like Ufes, Trufts, Intents, and Purpofes, and in
the fame Manner, as the Meflliages, Lands, Tenements, and Heredita-
ments which fhall be fo purchafed,. taken, or ufed as aforefaid, ftood
fettled or limited, or fuch of them as at the Time of making fuch Con-
veyance and Settlement fhall be exifting undetermined and capable 6i
[X, & Per*] 3 B taking
1 48°GEORGII III.
Cap.
i
3
Applicat-iori
when the
Compenfa-
tion does not
exceed 200L
nor lefs than
20I.
Application
where the
Money is lefs
than
2Q1.
In cafe of not
making out
Titles^
or if
Perfons can-
not be found,
Purchafe
Money to be
taking Efteft ; and in. the mean Time and until fuch Purchafe fhall bd
made, the faid Money fhall, by Order of the Court of Chancery upon
Application thereto, be inverted by the faid Accountant General, in his
Name, in the Purchafe of Three Pounds per Centum Confolidated or
Three Pounds per Centum Reduced Bank Annuities; and in the mean
Time and until the faid Bank Annuities fhall be ordered by the faid Court
to be lold ror the rurpoles atorelaid, the Dividends and annual Produce
of the faid Confolidated or Reduced Bank Annuities fhall from Time to
Time be paid, by Order of the^faid Court, to the Perfon or Perfons who
would for the Time being have been entitled to the Rents and Profits of
the faid Lands, Tenements, and Hereditaments fo hereby direQed to be
purchafed^ in cafe fuch Purchafe or Settlement were made*
XXIIL Provided always, and be it further ena£ted, That if any Money
fo agreed or awarded to be paid for any Lands, Tenements, or Heredita-
ments purchafed,' taken, or ufed for the Purpofes aforefaid, and belonging
to any Corporation, or to any Perfon or Perfons under Difability or Inca-
pacity as aforefaid, fhall be lefs than'the Sum of Two hundred Pounds,
and fhall exceed the Sum of Twenty Pounds, then and in ail fuch Cafes
the fame fhall, at the Option of the Perfon or Perfons for the Time being
entitled to the Rents and Profits of the Lands, Tenements, or Here-
ditaments fo purchafed, taken, or ufed, or of his, her, or their Guar-
dian or Guardians, Committee or Committees, in cafe of Infancy or
Lunacy, to be fignified in Writing under their refpe£Uve Hands, be paid
into the Bank of England, ih the Name and with the Privity of the faid
Accountant General of the High Court of Chancery, and be placed to
his Account as aforefaid, in order to be applied in Manner herein-before
direfted; or otherwife the fame fhall be paid, at the like Option^ to Two
Truflees, to be nominated by the Perfon or Perfons making fuch Option,
and approved of by Two or more of die faid Commiffioners (fuch Nomi-
nation and Approbation to be fignified in Writing under the Hands of
the nominating and approving Parties), in order that fuch Principal Money,
and the Dividends arifmg thereon, may be applied in Manner herein-before
direfted, fo far as the Cafe be applicable, without obtaining or being re-
quired to obtain the Dire&ion or Approbation of the Court of Chancery.
"XXIV. Provided alfo, and be it further enacted, That where fuch Money
fo agreed or awarded to be paid as next before mentioned fhall be lefs than
Twenty Pounds, then and in all fuch Cafes the fame fhall be applied to
the Ufe of the Perfon or Perfons who would for the Time being have been
entitled to the Rents and Profits of the Lands, Tenements, or Heredita-
ments fo purchafed, taken, or ufed for the Purpofes of this Aft, as th^
faid Comfniflioners, or any Two or more of them, fhall think fit; or in
cafe of Infancy or Lunacy, then to his, her, or their Guardian or Guar*
dians,-
Committee or Committees, and to and for the Ufe and Benefit of
fuch Perfon or Perfbns fo entitled relpeftively.
XXV. And be it further enacted, That in cafe the Perfon or Perfons to
whom fuch Sum or Sums of Money fhall be ordered to be paid as- afore-
faid, fhall not be able to make a good Title to the PremifeyS, to the Satisr
fattion of the faid Commiffioners, or any Two of them, or fhall refufe
to execute fuch Conveyance or Conveyances; or in 'cafe fuch Perfon or
perfons to whom fuch Sum or Sums of Money fhall be fo ordered to be
1 paid
4b°GEORGII III. Cty.13. 195
paid as aforefaid cannot be found, or if the Perfon or Perfons entitled to p^id into the
fuch Lands, Tenements, or Hereditaments, be not known or difepvered* £ank;ftibje&
then and in every fuch Cafe it {hall be lawful for the faid Commift of the Court
fioners, or any Two or more of them, to order the faid Sum or Sums of Chancery;
fo awarded to be paid into the Bank of England, ifi the Name arid with by Motion or
the Privity of the Accountant General of the Court of Chancery', to be p*tltlon'
placed to his Account, to the Credit of* the Parties interefted in the faid
Lands, Tenements, or Hereditaments [defcribing them% fubjed to the
Order, Controul, and Difpofition of the faid Court; which faid Courts
on the Application of any Perfon or Perfons making Claim to filch
Sum or Sums of Money, or any Part
thereof,
by Motion or Petition,'
fhall.be and \i hereby empowered, in a fiimmary Way of Proceeding, or
otherwife as to the faid Court fhall feem meet, to order the fame to be
laid out and invefted in the Publick Fiinds, or to order Dift ributioii
thereof or Payment of the Dividends
thereof,
according to the refpe&ive
Eftate or Eftates, Title, or Interefl, of the Perfon or Perforis making
Claim thereunto, and to make fuch other Order in the Premifes as to the
faid Court {hall feem juft and reafonable; and the Cafhier or Cafhiers of Gartner of
the
the,
Bank of England^ who fhall receive fuch Sum or Slims of Money, is Bank t0 Sive
and are hereby required to give a Receipt of Receipts for fuch Sum or r ^S1- °?.
Sums,
mentioning and lpecirymg for what and lor whole Life the lame is or
afe received, to fuch Perfon or Perfons as fhall pay any fuch Sinn or Sums
of Money into the' Bank as aforefaid,
XXVI. Provided always* and be it further ena&ed* That where afty
"tvhere
any
Queftion fhall arife touching the Title of any Perfon to any Money to be Queftion fhall
paid into the Bank of England, in the Name and with the Privity of the
a^.fe^?^ln^
Accountant General of the Court of Chancery, in purfuance of this Aft,
\JLn
L jL
for the Purchafe of any Lands, Tenements, or Hereditaments^ or of any p?d, Ihc
Eftate, Right, or Intereit in any Lands, Tenements, or Hereditaments to Perfon who
be purchafed in purfuance
thereof,
or to any Bank Annuities to be pur-
£aJi
y in
chafed with any fuch Money 5 or to the Dividends or Interefl of any fuch t^e Lan^8
Bank Annuities, the Perfon or Perforis who fhall have been in Poffeffion &c. at the
of fuch Lands* Tenements* or Hereditaments at the Time of fuch Pur- Time °f fuch
chafe* and all Perfons claiming under fuch Perfon or Perfons, or under
Su[j7
the Poffeffion of fuch Perfon or Perfons, fhall be deemed and taken to deemed en-
have been lawfully entitled to fueh Lands, Tenements, or Hereditaments, titled thereto
according to fuch Poffeffion* until the contrary fhall be fhewn to the According to1
Satisfa&ion of the faid Court of Chanceiy ; and the Dividends or Interefl fi^cn *
of the Bank Annuities to' be purchafed with fuch Money* and alfo the
Capital of fuch Bank Annuities, fhall be paid, applied, and difpofed of
accordingly, unlefs it fhall be made appear to the faid Court that fuch
Poffeffion was a wrongful Poffeffion, and that fome other Perfon or Perfons
was or were lawfully entitled to fuch Lands* Tenements, or Hereditaments,
or to fome Eftate or Interefl'therein.
XXVII. Provided alfo, and be it further enacted^ That where^ by reafon The Court
of any Difability or Incapacity of the Perfon or Perfons, or Corporation, rtay or(ier
entitled to any Lands, Tenements, or Hereditaments to be purchafed under ^afonable
the Authority of this or the faid recked Aft, the Purchafe Money for the PuSes to
fame fhall be required to be paid into the'faid .Court, and to be applied in be paid by
the Purchafe of other Lands* Tenements, or Hereditaments to be fettled tlxe Truitees.
to the like Ufes in purfuance thereof refpe&ively, it fhall be lawful for
the
i92 4S*GE0RGII III. Cap.i%,
the faid Court to order the Expences of all Purchafes from Time to Time
to be made in purfuance of this Aft, or fo much of fpch Expences as the
Court Jhall deem reafonable, together witLthe neceffary Cofts and Charges
of obtaining fuch Order, to be paid by the faidCommiflioners, or any
Two or more of them, who fhall from Time to Time pay fuch Sums of
Money for fuch Purpofes as the faid Court fhall direft.
For paying
XVIIL And be it further enafted, That the Cofts and Charges of the
the Expences
obtaining and paffing this Aft,.and all other Cofts, Charges, and Expences
of the
A&.
relating to or concerning the fame, fhall be borne, paid, and defrayed by
the faid Barn/ley Canal Company, out of the Money received or raifed,
or to be received or raifed, by virtue of the faid recited Aft or of this
Aft.
Publick Aft. XXIX, And be it further enafted, That this Aft fhall be deemed and
taken to be a Publick Aft, and fhall be judicially taken Notice of as fuch
by all Judges, Juftices, and others, without being fpecially pleaded.
&E
LONDON: Printed by GEORGE EYRE and ANDREW STRAHAN,
Printers to the King's moft Excellent Majefty, i3o8.

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