Birkenhead, Lancashire and Cheshire Junction Railway Act 1846

Publication Date:January 01, 1846
 
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Birkenhead, Lancashire and Cheshire Junction Railway Act 1846

(9 & 10 Vict.) c. xci

An Act for making a Railway from the Chester and Birkenhead Railway to the Manchester and Birmingham Railway, with Branches therefrom, to be called The Birkenhead, Lancashire, and Cheshire Junction Railway

[26th June 1846]

ANN0 KONO & DECIMO VICTORIAE GINB. CaiJ. x ci . An Act for making a Railway from the Chester ccizcl Birkenhead Railway to the Manchester und Bir- m i72gham R ail way, \vi t h B ranch es there fro In, to be called cc The Birkenhend, Lamashire, am? Cheshire Junction Railway." [26th Jzuze 1846.1 - HEREAS the making of a Railway from the Chester ctnd Birkeizhead Railway to the Munchester und Birminglwn Railway, with the Branches therefrom herein-after men- tioned, would be of great public Advantage: And whereas the I'ersons hereafter named, with others, are willing, at their own Expence, to carry such Undertaking into execution ; but the same cannot be effected without the Authority of Parliament : May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Autho- rity of the same, That the several Acts of Parliament following, (that is to say,) `` The Companies Clauses Consolidation Act, 1845," " The I`lct. cc. 16. 18. Lands Clauses Consolidation Act, 1845," and `` The Railway Clauses and 20. in- [Local.] 19 K Consolitlatioii corporated 1691 9" & 10" VICTORIB, Cap. xci. n-ih this Act. Consolidation Act, 1845," shall be incorporated with and form Part of this Act, and with the same shall be construed as One Act. Short Title. 11. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression (( The Birkenlzead, Lancashire, and Cheshire Junction Railway Act, 1846." 111. And be it enacted, That Joseph Bailqy the younger, John Laird, Murcus Rreeman Brownrigg, Joseph Travis Clay, Lot Gnr- diner, Cephas Hownrd, William Laird, William Potter, Augustus Radclafe, William Wanklyn, and John William, and all other hereafter subscribe to the Undertaking, and their Executors, Adrni- nistrators, Successors, and Assigns respectively, shall be united into a Company for the Purpose of making and maintaining a Railway fi-om the Chester and Birkenliead Railway to the Manchester and Birmingham Railway, with the Branches hereinafter described, and with proper Works and Conveniences belonging thereto respectively, according to the Provisions of the said Acts and of this Act, and for other the Purposes herein and in the said Acts contained ; and for the Purposes aforesaid such Company shall be incorporated by the Kame of Lc The Birkenhead, Lancashire, and Cheshire Junction Railway Company," and by that Name shall be a Body Corporate, with perpetual Succession, and shall have Power to purchase and hold Lands for the Purposes of the Undertaking, within the Restrictions herein and in the said Acts contained. Subscribers incorpo- rated. / Persons and Corporations who have already subscribed or shall Capital. TV. And be it enacted, That the Capital of the Company shall be One million and five hundred thousand Pounds. Sumberand V. And be it enacted, That the Number of Shares into which ~~ou~~ of the Capital shall be divided shall be Forty-five thousand, and the ,4mount of each Share shall be Thirty-three Pounds Six Shillings and Shares. Eight-pence. VI, And be it enacted, That Ten Pounds per Share shall be the greatest Amount of any One Call which the Company may make 011 the Shareholders, and Twenty-five Pounds shall be the utmost aggre- gate Amount of Calls that may be made in any One Year upon any Share, and Three Months at the least shall be the Interval between successive Calls. Calk. lnterest to paid on Cails. V7I. And be it enacted, That it shall be lawful for the Directors of the said Company from and after the passing of this Act, and from thenceforth until the said Railway shall be completed and opened to the Public, to pay Interest at any Rate not exceeding Four Pounds per Centum per Annum on all Sums called up in respect of the said Shares from the respective Days on which the same shall have been paid, such Interest to accrue and be paid at such Times and Places as the Directors for the Time being shall appoint for that Purpose : Provided always, that no Interest shall accrue to the Proprietor of any Share upon which any Call shall appear to be in arrear in respect of 3 such 9" & 10" VICTORIE, Cupsci. 1695 such Share, or any other Share to be holden by the same Proprietor, diiring the Period wliile such Call shall remain unpaid. VIII. And be it enacte,d, That it shall be lawful for the Company Power to to borrow on Xortgage or Bond any Sunis not exceeding in the whole borrow the Sum of Five liundret~ tIiousaut1 Pounds, but no Pxt of such Sum Money* shall be borrowed iintil the whole of the said Capital or Sum of One million five Iiundred thonsancl Pounds shall have been siibscribed for, and One Half thereof shall haw been actually paid up. IX. And be it enacted, That the Number of Directors shall be Numberand Twelve, and the Qualification of a Director shall be the Possession in Qualifica- tion of Directors. his own Rigli t of 'l'wenty Shares in the Undertaking. X. And be it enacted, That it shall be lawful for the Company to Power to increase cr reduce the Number of Directors, provided that the increased vary the Number do not exceed Fifteen, and that the reduced Number be not ~~~~~r~f less than Kine. SI. And be it enacted, That Joseph BrriZq the younger, Jol172 Firrt Direc- Lrriscl, ilhrcus Freeman Broicnyigg, JoseplL Trnuis Clm~, Lot Gw- tors. dinel., Ceplias Howrrrd, Williani Lniid, William Potter, Augustus Rndchfi, Willinin IVonlclyn, and John William shall be the first Directors of the Company. SII. Arid be it enacted, That the Directors appointed by this Act Directors tu shall continue in Oflice until the first Ordinary Meeting to be held continue in after the passing of the Act, and at such Meeting. the Shareholders first ,\Ieeting present, personally or by Proxy, may either continue in Office the afier passing Directors appointed by this Act, or any Number of them, or may of Act. elect a new Body of Directors, or Directors to supply the Places of those not continued in Ofice, the Directors appointed by tliis Act being eligible as Members of such new Body. Office till XIII. And be it enacted, That at the first Ordinary Meeting to be Subsequent held in the Year next after the Year in which such last-mentioned Election of Directors shall have been appointed or elected, the Shareholders Directors* present, personally or by Proxy, shall elect Persons to supply the Places of' the Directors then retiring from Office, agreeably to the Provisions in the said Companies Clauses Consolidation Act con- tained ; and the several Persons elected at any such Meeting, being neither reinoved or disqualified nor having resigned, shall continue to be Directors until others are elected in their Stead, in manner provided by the said Companies Clauses Consolidation Act. XIV. And be it enacted, That the Quorum of a Meeting of Quorumof Directors shall be Five. Directors. XV. And be it enacted, That the Newspapers in which Advertise- Newspapers nients relating to the Affairs of the Company are to be inserted shall for Insertio1: be some Newspaper published in each of the Counties of Chester and i:'certise- Lnnccister. XVI. And Power to make Rail- ways accord- ing to de- ,)mi ted ; I . inns 9" S: 10" VICTORILE, Cup.xci. XVI. And whereas Plans and Sections of the Railways, showing the Lines and Levels thereof', and also Books of Reference, containing tl:e Names of the Owners, Lessees, and Occupiers, or reputed Owners and Lessees and Occupiers, of the Lands through which the same are intended to pass, have been deposited with the respective Clerks of the Peace of' the Counties of Chester and Lancnster; be it enacted, That, subject to the Provisions in this and the said Acts contained, it hall be lawful for the said Company to make and maintain the said Railways and Works in the Line and upon the Lands delineated on the said Plans and described in the said Books of' Reference, and to enter upon, take, and use such of the said Lands as shall be necessary for such Purpose. XVII. Ancl be it enacted, That the Railways to be made under A liailway to commence by a Junction with the Chester and Birk- enliead Railway at the Hoot012 Station thereof in the Township of Childer I'liornton and Paris11 of Enstlmn in the County of Clie.s!er, to pass into or through the following Places, or some of them, (that is to say,) Eusthnin, Childer, Thornton, Little Sutton, Overpool, Whitby, Great Stanney, Stanlow, Stoke, In ce, Tli o 1.n to n , Tlz orn to n -in - t h e- IMO o rs, Blt on, Hups fo r d, Fro ds - Iiam, Frodsham Lordship, Helsby, Runcorn, Xutton, Xtock- ham, Norton, Kekewick, i7hor otheswise Moore, Acton Grange Acton, Lower MTalton, Warburton, Dunham ,Whssey, Bozcden, Altrirdianz, Tiinperley, Baguley, Northen, A70rthenden, Etchells, Etchells in Nortlien, EtcAells in Stockport, Stockport, Clieadle, Clieadle Bulkeley, and Chendle Mosley, irr the County of Chester; VTamington, I-'oufton-witl~-~eurrzlzead, Poulton, Woolston-zoith- AIcirtinscroft, Bizton-with- Glaxebrook, Didsbuiy, iioncliester, aid Heclton Xorris, in the County of Lancaster, and to terminate by B Junction with the ilfincliester and Birininghnni Railway, at or near the Heaton iVoi*ris Station thereof in the Township of Heaton Norris in the Parish of Mancliester in the County of Lancaster : A Railway to commence from ancl out of and by it Junction with the said intended Railway in the Townsliip of Altrinchana and Parish of Uowden in the County of Chester, to pass into or through the Townships and Places of Altriizcliarn and...

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