Bridgwater and Taunton Canal Navigation Act 1832

Publication Date:January 01, 1832
 
FREE EXCERPT
Bridgwater and Taunton Canal Navigation Act 1832

(2 & 3 Will. 4) c. xliii

An Act for explain and amend Two Acts, of the Fifty-first Year of His late Majesty King George the Third and the Fifth Year of His late Majesty King George the Fourth, relative to the Bridgewater and Taunton Canal Navigation.

[23 May 1832]

ANNO SECUNDO GULIELMI IV REGIS. Cap. xliii. An Act to explain and amend Two Acts, of the Fifty-first Year of His late Majesty King George the Third and the Fifth Year of His late Majesty King George the Fourth, relative to the Bridgewater and Taunton Canal Navigation. [23d May 1832.] W HEREAS by an Act passed in the Fifty-first Year of the Reign of His late Majesty King George the Third, inti tuled An Act for making a navigable Canal from the River 51G.3. c.60. Avon at or near Morgan's Pill in the Parish of Easton-in-Gordano, otherwise Saint George's, in the County of Somerset, to or near the River Tone in the Parish of Saint James in Taunton in the said County, and a certain Navigable Cut therein described, certain Persons and their Successors were incorporated by the Name of The Company of Proprietors of the Bristol and Taunton Canal Navigation ; and after reciting (among other Things) that by an Act passed in the Tenth and Eleventh Years of the Reign of His Majesty King William the Third, intituled An Act for making and keeping the River 10 & 11 W.3. Tone navigable from Bndgewater to Taunton in the County ofc.8. Somerset, certain Persons therein named, and their Successors, were appointed Conservators of the said River, and certain Powers were given and granted to them for making and keeping the same River navigable, and other Purposes therein men tioned, and that it had been thereby enacted that the Surplus of what should be received or arise from the Tolls or Rates thereby {Local.'] 9 I directed 770 2GULIELMI IV. Cap.xliii. directed to be levied and collected (after making and keeping the same Riyfr navigable, and reimbursing the said Conservators the Principal'Money they had or should lay out, with Interest as therein mentioned,) should be by the said Conservators employed and disposed of for the only Use, Benefit, and Advantage of the Poor of the said Town of Taunton, and the Parishes of Taunton Saint Mary Magdalen and Taunton Saint James, in the said County of Somerset, who were thereby empowered and authorized to lay out and dispose of the same in building One or more Hospital or Hospitals, or otherwise, from Time to Time according to their best Discretions, for the better educating and maintaining such poor Children as were or should become chargeable to #ie Town and Parishes aforesaid, and such Hospital or Hospitals, when built, should be governed and regulated by such Persons, Rules, and Orders as should be appointed, given, and made from* Time to Time by the said Conservators for the Time being, si as such Rules an68 Orders were first approved by the Judges of Assize and Nisi Prius for the said County of Somerset, or One of them ; and also reciting that by an Act passed in the Sixth Year 6 Ann. c. 9. of the Reign of Her late Majesty Queen Anne, intituled An Act for more effectually making and keeping the River Tone navigable from Bridgewater to Taunton in the County of Somerset, certain additional Tolls had been granted to the said Conservators, and they had been thereby directed to account for and apply the same in like Manner as had been mentioned in the said first therein recited Act with respect to the Tolls thereby granted ; and also reciting that another Act had been passed in the Forty-fourth Year of His then present 44G.3.C.83. Majesty King George the Third, intituled An Act for explaining and amending Two Acts, passed in the Tenth and Eleventh Years of King "William the Third and the Sixth Year of Queen Anne, for making and keeping navigable the River Tone from Bridgewater to Taunton in the County of Somerset; and also reciting that the making of the Canal and Works authorized to be made by virtue of the said Act of the Fifty-first Year of the Reign, of His late Majesty King George the Third, now in recital, would be very prejudicial to the Tolls authorized to be levied and collected by the said therein recited Acts from the Tone Navigation j it was by the said Act now in recital enacted, that the said Company of Proprietors should and they were thereby authorized and required, within Three Calendar Months next after the passing of that Act, to contract and agree with the Conservators of the said River Type Navigation, and other Persons, Proprietors of Shares or Parts of Shares, or otherwise interested therein, for the absolute Purchase of their several and respective Estates, Rights, and Interests in and to the same, and also to contract and agree with the Overseers of the Poor for the Time being of the said To wn of Taunton, and the said several Parishes of Taunton Saint Mary Magdalen and Taunton Saint James aforesaid, for the absolute Purchase of the respective Estates, Rights, and Interests of the said Town and Parishes under and by virtue of the said therein recited Acts, or any of them ; and in case any Disputes should arise touching the Monies to be paid for any such Purchase, or any Matter or Thing in anywise relating thereto, then the same should be submitted to a Jury, to be determined 771 2GULIELMI IV. Cap.xlm. in such and the like Manner as the Purchase Monies of any Lands or Grounds directed to be purchased or taken by virtue of that Act should be determined in case any Dispute should arise about the same ; and it was thereby further enacted, that the said Navigation, when so purchased, should from Time to Time and at all Times thereafter be maintained and supported by the said Company of Proprietors by and out of the Tolls from Time to Time received by them on the Line of such Navigation, and that the Surplus of such Tolls should after such Application be from Time to Time applied and disposed of as directed by the said therein recited Acts (save and except the Rights and Interests of such Person and Persons as were directed to be purchased and intended to be barred by virtue of that Act); and it was thereby further enacted, that the said Company of Proprietors should, after such Purchase should be so made as aforesaid, have, use, and enjoy such and the like Powers of maintaining and supporting the said Navigation, and should be subject to such and the same Rules, Regulations, Penalties, and Forfeitures, as the said Conservators and other Persons, Proprietors of Shares or Parts of Shares, or otherwise interested therein, had and enjoyed and were subject and liable to under and by virtue of the said therein recited Acts or any of them : And whereas by an Act passed in the Fifth Year of the Reign of His late Majesty King George the Fourth, intituled An Act to abridge, vary, extend, and improve the Bristol and, 5GA. c.120. Taunton Canal Navigation, and to alter the Powers of an Act of the Fifty-first Year of His late Majesty, for making the said Canal, (among other Things therein contained,) the Name of the said Company of Proprietors was changed from that of The Company of Proprietors of the Bristol and Taunton Canal Navigation to that of The Company of Proprietors of the Bridgewater and Taunton Canal Navigation : And whereas the said Company of Proprietors have since the passing of the said first recited Act purchased of the Conservators of the said River Tone, and of all other Persons, Proprietors of Shares or Parts of Shares therein, all the Debt then due upon the said River Tone, such Debt being the whole Amount then remaining due to the Conservators of the said River Tone, and to the said other Persons, Proprietors of Shares or Parts of Shares in the said River Tone Navigation, for the Principal Money of the original Purchase of the said River Tone Navigation by the Conservators of the said River Tone, and for Monies from Time to Time laid out by the Conservators of the River Tone in the making or keeping the said River navigable, or in making or repairing Bridges over the said River, or in any other Works relating to the said River or to the Navigation thereof: And whereas neither the said Conservators nor any other Persons at the Time of the passing of the said first-recited Act had any beneficial Estate, Right, or Interest in the said River Tone Navigation otherwise than in respect of the Debt so due upon the said River Tone, and of the Interest of the Poor of the said Parishes of Taunton Saint Mary Magdalen and Taunton Saint James, under the said several recited Acts or any of them (the said Parishes being the only Parishes in the said Town, and there being no other Officers of the Poor of the said Town than those ^jGUUEMVIIi/iy, (jtyttlKi. those appQitlted for the said Parishes),^ And whereas; shortly befiwe the pasaiig. of tlwvsai^ofirsjtfrefi^jdActj^t es^ Meetings ofUhe same s^#mlnParishesTrespef?tiye^i itw^pesdyed,;that, the Surosuto bepaM^each e4\.the #mi Pa^^|gf^^(Ppmgen^t^n for the cn-tiagBil*.Interests,of,.tbe^or.olttaifAgiet&riflbep respecfjjyjely, under the; Acts so passed in $hei^VQfvMpgWJ^m the TJiwdaod Queen ^ney and Mi *hs? ^prtiV^ucth Y/ear o£ th$,Reign ^of King George the Third, should^ t}|e annual Sum V$pJ£%mw^*s**c\i annual Suras to be changed ion! the said Gaoalj m& the Tolls and Duties .thereof, for eveKyfanthe -Benefit of the Jfoo^^-thftsawl Parishes respectively: And .fWhfiEeas: -affeer the passi^t.^l; t&e isaid (first-recited Act, and afteii th& Period Jiad elapsjed=w^tWi| whjik& the. Compensation ;tQob)e paid t * tfe ,gaid Parishes respectively was, to, h , assessed, according to therf-Provisions of the gawi ,;fir8t-seQite4!.fAet,. the Churchwardens* and, ;Overseers of therPoor olV-t^eosaidt^evieral Parishes,- of TaunWi SeintMary Magdalen and Wiwftim Spirit James respes-tiv^ly^refused to accept the said Sum oJjTen Pounds per Annum by way.iof Compensation as .aforesaid* and..also refused .tft-sell the reactive Estates,. Rights, and...

To continue reading

REQUEST YOUR TRIAL