Burton-upon-Trent Water Act 1861

Publication Date:January 01, 1861
 
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Burton-upon-Trent Water Act 1861

(24 & 25 Vict.) c. xcv

An Act for the Incorporation of the Burton-upon-Trent Waterworks Company, and for authorizing them to supply with Water the Town of Burton-upon-Trent and the Township of Barton-under-Needwood and the Neighbourhoods thereof; and for other Purposes.

[28th June 1861]

ANNO VICESIMO QUAKTO & VICESIMO QUINTO VICTORIA REGIN.E. f **************************************************** Cap.xcY. An Act for the Incorporation of the Barton-upon- Trent Waterworks Company, and for authorizing them to supply with Water the Town of Barton- upon-Trent and the Township of Barton-under- Needwood and the Neighbourhoods thereof; and for other Purposes. [28th Jane 1861.] "^T'W'TIIEREAS the Town of Burton-upon-Trent (in this Act called %/%' " Burton") and the Township of Barton-under-Needwood * " and the Neighbourhoods thereof respectively are insufficiently supplied with Water: And whereas there are certain local Springs in and hear to the Town of Burton which are valuabfe for the Manufacture of Beer, and it is expedient that such Springs should as far as practicable be preserved for such Purpose, and that Burton should be supplied with Water for domestic, sanitary, malting, and other Purposes in manner herein-after provided: And whereas the Persons in that Behalf in this Act named, with others, are willing to provide Waterworks for such Purposes on being incorporated into a Company, with adequate Powers for that Purpose, and it is expedient that a Company be incorporated accordingly : And whereas Plans and Sections of the Aqueduct, Conduit, or Main Pipe by this Act authorized, showing the Lines and Levels [Local.] 15 P thereof, 1346 24 & 25 VICTORIA, Cap.xcv. \ The Burton-upon-Trent Water Act, 1861. thereof, and Books of Reference thereto containing the Names of the Owners or reputed Owners, Lessees or reputed Lessees, and Occupiers of the Lands in which the same is to be made, have been deposited with the Clerk of the Peace of the County of Stafford: And whereas the Objects of this Act cannot be attained 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 Authority of the same, as follows; (that is to say,) Short Title. J. This Act may for all Purposes be, cited as "The Burton-upon-Trent Water Act, 1861." m 8 & 9 Vict. 2. The " Companies Clauses Consolidation Act, 1845," and tile CC'&6i'iV8' "^anfis Clauses Consolidation Act, 1845," and the "Lands Clauses c. 17. and ' Consolidation Acts Amendment Act, I860," and the " Waterworks 23 & 24 Vict. Clauses Act, 1847," (save as far as any of the Sections and Provisions C corp'orated 0I"tnose ^cts respectively are expressly varied or excepted by this Act,) are respectively incorporated with this Act. Same Mean- 3. The several Words and Expressions to which by the Acts incor- ings to porated with this Act Meanings are assigned have in this Act the same words, -c. reSpective Meanings, unless excluded by the Subject or Context, provided rated Acts as that, for the Purposes of this Act, the Words " Lands and Streams" in in this Act. those Acts respectively, and in this Act, include Easements, Interests, Rights, and Privileges in, over, and affecting Lands and Streams respectively. Limits of * 4. The Limits of this Act for the Supply of Water are the Town of Act for Sup- Burton-upon- Trent and the Parish of Burton-upon-Trent, and the py ' Parishes, Townships, or Places of Barton-under-Needwood, Wichnor, Alrewas, Fradley, LTorninglow, Burton Eoctra, and Branstone, all in the County of Stafford. j* Barton- * . Henry ARsopp, Richard Croft Chawner, Oscar Leslie Stephen) upon-Trent John Robson Warham, Richard Stone, Thomas Spooner, and John Company1 S Nurthall Brown, and all other Persons who have already subscribed or incorporated, hereafter subscribe to the Undertaking, and their Executors, Administra1 tors, Successors, and Assigns respectively, are by this Act united into a Company by the Name of "The Burton-upon-Trent Waterworks Company," for the Purpose of making and maintaining the Waterworks by this Act authorized, of supplying by means of the Waterworks wholesome Water within the Limits of this Act, and for other the Purposes of this Act, and by that Name shall be One Body Corporate, with perpetual Succession and a Common Seal and with Power J# purchase, 24 & 25 VICTORLE, Cap.xcv. 1347 The Burton-upon-Trent Water Act, 1861. purchase, take, hold, and dispose of Lands, Streams, and other Property for the Purposes, but subject to the Restrictions of this Act, and in all respects to carry this Act into execution. The Capital of the Company shall be Twenty-four thousand Capital. Pounds in Two thousand four hundred Shares of Ten Pounds each. The greatest Amount of a Call on any Share shall be Two Pounds Calls on Ten Shillings, and the Interval between Two successive Calls shall be Shares. Three Months at least, and the greatest aggregate Amount of Calls on any Share in the Year shall be One Half of the nominal Amount of the Share. 8. The Company from Time to Time may borrow on Mortgage any power to Sums not exceeding in the whole Six thousand Pounds; but no Part borrow on thereof shall be so borrowed until the whole of the Company's Capital of MortSa8e- Twenty-four thousand Pounds is subscribed for or taken and One Half thereof is paid up, and until the Company shall prove to the Justice who is to certify under the Provisions contained in the Fortieth Section of the "Companies Clauses Consolidation Act, 1845," before he so certifies, that all such Capital has been subscribed for bond fide, and is held by Subscribers or their Assigns, and for which such Subscribers or their Assigns are legally liable. 9. The Mortgagees of the Company may enforce the Payment of the Arrears may Arrears of Interest, or of Principal and Interest, due on their respective be 0,nforc.e * i * p t by Appoint- Mortgages by the Appointment of a Receiver, and the Amount to mentofa authorize a Requisition for a Receiver is One thousand Pounds. Eeceiver. All and every Part of the Monies from Time to Time raised by Application the Company by Shares and by borrowing shall be applied only to ofMomes-Purposes by this Act authorized. The Number of Directors shall be Five, and the Qualification of Number and a Director shall be his holding in his own Right Twenty-five Shares in Qualification . TT , . . J of Directors. the Undertaking. The Directors shall be appointed at the First Ordinary Meeting Appointed the Company to be held after the passing of this Act. m?nt of First The Quorum of a Meeting of Directors shall be Three. Quorum. 14. The First Ordinary Meeting of the Company shall be held within First and One Month after the passing of this Act, and the subsequent Ordinary j^" ^" Meetings of the Company shall be held half-yearly in the Months of ings of Com- &d'f .£2 February P7- 1348 24 & 25 VICTORIA Cap.xcv. The Burton-upon-Trent Water Act, 1861. February and August, or at such other Periods as a General Meeting from Time to Time appoints. Retirement of First Directors. 15. The Directors appointed at the First Ordinary Meeting of the Company shall continue in Office until the Completion of the Works by this Act authorized; and after such Completion the Directors shall retire from Office in rotation, agreeably to the Provisions contained in " The Companies Clauses Consolidation Act, 1845." Newspaper for Advertisements. 16. The Newspaper for Advertisements' relating to the Affairs of the Company shall be any Newspaper published in the County of Stafford. '? Power for 17. Subject to the Provisions of this Act, the Company from Time to Corporation Time may enter upon, take, and use for the Purposes of this Act such Lands? *" tne Lands, Streams, and Waters shown on the deposited Plans, and specified in the deposited Books of Reference, as the Company from Time to Time think fit, or where they think fit they may purchase any Easement, Right, or Privilege in, over, or affecting such Lands or Streams. Powers for 18. The Powers of the Company under this Act for the compulsory pXa^s7 Purchase of Lands for the Purposes of this Act shall not be exercised limited. after the Expiration of Two Years after the passing of this Act. Power to take or purchase Waters belonging to South Staffordshire Waterworks Company. 19. The Company for any of the Purposes of their Undertaking from Time to Time may purchase and take from the Pipes of the South Staffordshire Waterworks Company, at the Junction authorized by this Act, any Waters now belonging to that Company, or which that Company are from Time to Time authorized to take, and which is not used or required by them for the Purposes of their Undertaking. Power for 20. The South Staffordshire Waterworks Company from Time to fordshirfT" ^me may se^ anc* aPProPriate to or divert for the Purposes of the Waterworks Company any of the Water which the South Staffordshire Waterworks £,TwontL.t0 ComPany Bell Water. are from Time to Time authorized to take or use, and which is not used or required for the Purposes of their Undertaking. Power for 21. Subject to the Provisions of this Act, the Company from Time to mae Works ^me m?^ ma^e anc* maintain the said Works by this Act authorized, authorized and may make and maintain the same in the Lines and according to the by Act. Levels shown on the deposited Plans and Sections respectively, and in the Lands shown on those Plans and specified in the deposited Books of Reference. 22. The 24 & 25 VICTORIA, Cap.xcv. 1349 The Burton-upon-Trent Water Act, 1861. 22. The Works which the Company are by this Act authorized to Works make and maintain comprise the...

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